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Home My WebLink About01-4603COMMOI~VEALTH OF PENNSYLVANIA COURT Of COMMON PLSAS JUDICIAL DISTRICT NOTICE OF APPEAL PROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 'OJ NOTICE OF APPEAL Notice is gi~-fl that the appellant has filed in the above Court of Comrno~ Pleas an appeal from the judgment rendered by the District Justice en the date and in the case mentioned belo~ / This block will be signed C)~LY when this nototio*~ is required under Pa. R.C.P.J.P. Hex 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAEClPE 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 Prothonotory Enter role upon , appellee(s), to file a complaint in this appeal (Common Pleas Nc~ ) within twenty (20) days after service of rule or suffer entry of judgment of not pros. RULE: To , appellee(s). (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal withln twenty (20) days ~ the date of service of this rule upofl you by personal service cx by certified o~ regis~red 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: , 19 . COURT FILE TO BE FILED WITH PROTHONOTARY J. Nl¥'ld~O3 ]11:~ O.k ]~t"11~1 (]NV "lV]Bdd'~ 30 ':lOtION :;IO ~2tA~$ ,~O 3OO~d COMMONWEALTH OF PENNSYLVANIA ~OUNTY OF: CUMBE[LAND 09-3-04 DJ Name: Hon THOMAS A. PLACEY ^edgers 104 S. SPORTING HILL RD. MECItJ~ICSBURG, PA (717) 761-8230 17050 SOFA SELECTIONS 4920 CARLISLE PIKE MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: F~ Judgment was entered for: (Name) F~ Judgment was against: (Name) entered NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAMEandADDRESS ~OFA SELECTIONS · 4920 CARLISLE PIKE MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS ~ILVERMAN, RICH · 3 FOX POND SPRING HOUSE, PA 19477 IDocket No.: CV- 0000198- 01 Date Filed: 4/09/01 FOR DEFRNT)AN~ in the amount of $ 00 on: (Date of Judgment) ~ Defendants are jointly and severally liable. ~ Damages will be assessed on: ~""] This case dismissed without prejudice. ~] Amount o1 Judgment Subject to Attachment/Act 5 of 1996 $ ~] Levy is stayed for days or [] generally stayed. N--]Objection to levy has been filed and hearing will be held: (Date & Time) 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 Date: Place: Time: 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 ~.~E OF JUD~~RIPT FORM WITH YOUR NOTICE OF APPEAL. r'~.'~_ O~ Date ~/ ~V~. [,.__,~ , District Justice I certify that this is a true ar~~~oceedings containing the judgment. q' 3-O, Date (//~ ~ , District Justice My commission expires first Monday of January, 2004 SEAL AOPC 315-99 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 el appeat, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: I hereby swear or affirm that t served ~ a copy of the Notic~of Appeal, Comman Pleas No. ~/~ ~ ~ , upon the District Justice designated therein on (date of service) . ~ ~ ~ O (' , ~ by ~e~son~l se~ice ~ bJ (certified) (registered) m~il, sender's receipt ~tached hereto~ u~on the appeltee, (name) f~.~ C ,~y ~ ~ U'~,~ ~ ~ __0'~ ¢~¢ ~ / . ~ by personal ~ice~y (cedified) (registered) mail, sender's receipt a~ached hereto ~ and fudherthat~servedtheRu~et~Fi~eaC~mp~aintacc~mpanyingtheab~veN~tice~fAPpea~u~nthea~e~ee(s)t~wh~m the Rule was addressed on mail, sender's receipt attached hereto, SWORN RMED) AND IBED BEFORE ME THIS ~)~ , 19 , [] by personal service [] by (certified) (registered) / Signature Ot'~ffiant SOFA SELECTIONS 4920 CARLISE PIKE MECHANICSBURG PA 17050 PLAINTIFF RICH SILVERMAN 3 FOX POND SPRING HOUSE, PA 19477 DEFENDANT :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYLVANIA :NO.2001-4603 CIVIL TERM :CIVIL ACTION--LAW NOT I CE XOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within (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 judgement 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. TOU SHOULD TAKE THIS PAPER TO XOUR LAWYER AT ONCE. IF XOU DO NOT HAVE A LAW~R OR CANNOT AFFORD ORE, C.O TO OR TELEPHORE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE ~OU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 249-3166 SOFA SELECTIONS 4920 CARLISE PIKE MECHANICSBURG PA 17050 PLAINTIFF RICH SILVERMAN 3 FOX POND SPRING HOUSE, PA 19477 DEFENDANT :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYLVANIA :NO.2001-4603 CIVIL TERM :CIVIL ACTION--LAW COMPLAINT AND NOW COMES the Plaintiff, Sofa Selections who avers the following in support of the Complaint. 1. The plaintiff, is a retail furniture store, engaged in the selling of retail furniture at 4920 Carlisle Pike, Hampden Center, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Rich Silverman, is an adult individual who resides at 3 Fox Pond Spring House, PA 19477. a. Defendant is employed as a Sales Agent for Hughes Furniture Inc. b. As Sales Agent he has discretion over who carries the Hughes product. c. As Sales Agent he determines and conveys pricing to individual dealers. d. As Sales Agent he bound the manufacture in the performance of sales agreements which he accepted. eo As Sales Agent he would approve repairs and commit the factory to compensate dealers for warranty work performed in the field by retailers. f. Ail prior sales were accepted upon faxing to Hughes Furniture Industries Agent Rich Silverman. 3. The Defendant acting as Agent, by his previous actions, gave the apparent authority of having full authority over all aspects in his territory. 4. On September 13, 2000 a sofa was delivered to customer Lestyan. (EXHIBIT A) The sofa had a defect in the fabric, and the customer wanted it replaced. I attempted to contact Rich Silverman, he was purposely avoiding taking calls and returning them. Rich Silverman refused to order the part after the sofa was in the customers home, I invited him to go look at it, It is industry practice that they are certainly responsible for shipping defective fabric. Eventually I was informed by Rich Silvernman that if I faxed him an order for the part, maybe something could be done. (EXHIBIT B) This nonsense began on 12/21/00. The parts were not forthcoming, and additional problems developed. In total there were four pieces in need of repair. (EXHIBITS C,D,E) The pieces required eighteen hours of labor at a cost of $450.00. Sofa Selections has never been paid for these repairs. so In addition to the actual loss, we ask that the court set aside a reserve of a minimum of $500.00. This reserve is required as the product carries a 10 year frame warranty, 5 years springs, 2 years on cushions and 1 year on fabric. f. The reserve is required as Rich Silverman has shown that he will not honor the warranty as stated. On march 12 2001 Sofa Selections order Hughes6 to Rich Silverman. we were over our credit limit. submitted our purchase We were advised that (EXHIBIT F) We submitted our check # 1749 in the amount of $2,706.16 dated March 12, 2001 to Hughes Furniture in anticipation of our order being filled. (EXHIBIT G). bo We were never appraised that our order would not be filled if the check was sent. I only leaned about it several weeks later when I called the factory. We were advised by the factory that the order had not been submitted by Rich Silverman. We were also advised that he has complete discretion over the territory regarding sales, distribution, pricing, repairs and he would have to submit paperwork for reirabursement of repairs. We were also advised to look to him for any compensation. Sofa Selections has been harmed to the amount of $761.00 due to the discriminatory behavior of Rich Silverman. This amount has been arrived at by taking the selling price of the goods to customers Morris, Peiffer, and Farey, and then subtracting the cost as indicated on the purchase order. 6. WHEREFORE, Plaintiff respectfully requests that judgement be entered in favor of Plaintiff in the amount of $1,711.00. This is comprised of $450.00 for repairs already completed, future reserve of $500.00 and lost revenues of $761.00. Respectfully submitted, Dated: ~NALD L. SPIT~ SOFA SELECTIONS 4920 Carlisle Pike Mechanicsburg, PA 17050 (717) 763-8912 I)ELIVI~RY SOFA SELECTIONS HAMPDEN CENTRE 4920 CARLISLE PIKE MECHANICSBURG, PA 17055 717 763-8912 717 763-9341 FAX STREET: CITY: PHONES: W H DELIVERY INFORMI[TION CHAIR TABLES OTHER THE ABOVE I~E~S WERE RECEIVED IN C, OOD CONDITION. SPECIAL INSTRUCTIONS: DIRECTIONS, DRAW A MI[P IF NECESSARY: /~ .Y i,yr c T c~t~mF r,,i,~.i~,, .,.:.~,~i,~ ~.,.~, .~.,.,~ SOFA SELECTIONS ...................................... ~i~ f' '~'i3o 5430 JOllY,TOWN ROAD ~hc -6~ 2 F~: 717-671"713~ Name Co.q',p~,r~y Name ~ t. . ~_ :~. Phone Number F~v~ Number: __ Urgent __ Please Review __ Reply ASAP m Please Comment Njrnber of !?:-~ge$, ~ ' 't~ ?. O1 ~,c.,,~,,, .,-,~,.~:,,,,,, .~o,.~ ~.,,,~, SO.FA SELECTIONS ................. ~hone: 717-671-7130 ,'~' ' . F{~%: 717-671--7133 Compa, ,y Name Phone Urgent _~ Please Review __ Reply ASAP _. Please Comment *3'2' , o SOFA SELECTIONS Plaintiff Vo RICHARD SILVERMAN Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2001-4603 Civil Term ANSWER AND NEW MATTER OF DEFENDANT RICHARD SILVERMAN Defendant Richard Silverman ("Silverman") hereby responds to the Complaint of Plaintiff and in support thereof avers as follows: 1. Admitted upon information and belief. 2. Admitted. a. Denied. To the contrary, Silverman is not employed by Hughes Furniture Inc. b. Admitted. c. Denied in part and admitted in part. It is specifically denied that Silverman determines pricing of the products. It is admitted that Silverman conveys pricing information to retail furniture dealers. d. Denied. To the contrary, the manufacturer determines and is responsible for performance of all sales agreemems. By way of further answer, the sales agreements are documents in writing which speak for themselves and Silverman denies any characterization to the contrary. e. Denied. By way of further answer, Silverman denies that he approves or has the ability to commit the manufacturer to approve repairs or compensate retail dealers for warranty work that is performed by the retail dealers. f. Denied as stated. By way of further answer, sales were accepted upon receipt and acceptance of the sales agreement by the manufacturer. 3. The allegations contained in Paragraph 3 of Plaintiff's Complaint constitute conclusions of law to which no response is required and they are, therefore, deemed denied. 4. Silverman is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 4 of Plaintiff's Complaint and they are, therefore, deemed denied. Denied. To the contrary, Silverman did not purposely avoid taking calls and returning them. b. Denied. It is specifically denied Silverman refused to order the part or that he was invited to go to the customer's home. By way of further answer, Plaintiff's allegations as to what constitutes "industry practice" are denied, and strict proof thereof at trial is demanded. c. Denied as stated. By way of further answer, December 21, 2000 was the first date that Silverman was apprised of the need for a repair part by Plaintiff. d. Denied. By way of further answer, Silverman states that any problems associated with the repairs were not his responsibility, nor did any action or inaction taken by him cause them. Further answering, Silverman is without knowledge or information sufficient to form a belief as to the troth of the remaining allegations of Paragraph 4d. of Plaintiff's Complaint and they are, therefore, deemed denied. -2- e. Denied. Silverman is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 4e. and they are, therefore, deemed denied. By way of further answer, to the extent any warranty existed as alleged by Plaintiff, the manufacturer, not Silverman, owed such warranty. f. Denied. By way of further answer, it is specifically denied that Silverman is required to honor the warranty. To the contrary, Silverman is not personally required to honor the warranty. 5. Admitted in part and denied in part. It is admitted only that Silverman advised Plaintiff that Plaintiff was over the credit limit and that a purchase order was submitted to Silverman.. a. Admitted in part and denied in part. It is admitted that Plaintiff submitted check # 1749 in the amount of $2,706.16 dated March 12, 2001 to Hughes Furniture. Silverman is without knowledge or information sufficient to form a belief as to the troth of the remaining allegations of paragraph Sa., and they are, therefore, deemed denied. b. Silverman is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 5b., and they are, therefore, deemed denied. C. Silverman is without knowledge or information sufficient to form a belief as to the troth of the allegations contained in paragraph 5c., and they are, therefore, deemed denied. d. Silverman is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 5d., and they are, therefore, deemed -3- denied. By way of filrther answer, the allegations contained in paragraph 5d. constitute conclusions of law to which no response is required. 6. WHEREFORE, Defendant Richard Silverman respectfully requests that this Court grant judgment in his favor and against Plaintiff Sofa Selections and Order such other and further relief as this Court deems just and appropriate. NEW MATTER 1. The relief requested in Plaintiff's Complaint is barred by the doctrines of accord and satisfaction, estoppel, payment, release and/or waiver. 2. Plaintiff's Complaint falls to state a claim upon which relief can be granted. 3. PlaintilTs business relationship with Silverman was terminated by Plaintiff on March 9, 2001 at the time that Plaintiffinvoked hostile, inappropriate, offensive and discriminatory verbal attacks upon Silverman. 4. Silverman was not a party to any sales agreements between Plaintiff and the manufacturer, and is therefore not responsible to Plaintiff for any damages allegedly sustained by Plaintiff. 5. Silverman is under no obligation to compensate Plaintiff for any repairs allegedly required to be performed by Plaintiff. Any agreement to compensate any retail dealer for repair work is strictly within the control of the manufacturer. -4- WHEREFORE, Defendant Richard Silverman respectfully requests that this Court grant judgmem in its favor and against Plaintiff, and award costs to Defendant and order such other and further relief as this Court deems just and appropriate. Silverman Associates, Inc. 3 Fox Pond Spring House, PA 19477 (215) 643-1188 -5- CERTIFICATE OF SERVICE I, Richard Silverman hereby certify that on August 21, 2001, I caused a true and correct copy of Answer and New Matter of Defendant to be served upon the Plaintiff as listed below via First Class U.S. Mail postage prepaid: Donald L. Spitler SOFA SELECTIONS 4920 Carlisle Pike Mechanicsburg, PA 17050 Ri~ard Silverman -6-