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HomeMy WebLinkAbout01-4606 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01- -Y'&Ot';' ~ NOTICE OF APPEAL Notice is given that the appe/lant has filed in the above Caurt af Cammon Pleas an appeallram the judgment rendered by the District Justice an the date and in the case mentioned belew. QTY I MJoG. 0IS1: NO. OR NAME Of OJ. oq-I-()/ " 01 .nl:.- EC- cv II? t!.V-OOOOB8<t-OI LT 19 This black will be signed ONLY when this natotian is required under Pc. R.cPJP. Nc. 10088- This Notice of Appeal, when received by the District Justice, will operate os a SUPERSEDEAS ta the judgment far possessian in this case. kc. . .. Ltm SK;NATURE Ofi. APPELLANT HIS ATTORNEY OR AGeNT ~ ~&3~ (DeJ..->t ) ZP CODE 7cfl3 :ss 19' ctfr Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.CP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.CP.JP. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: Ta Prathonotor~ 1\ _ () Enter rule upan f....!LJ.M&r. LC. - 'tS..ro Name 01 appe/lee(sJ (Camman Pleas No. 0/ - ~~t>~ 4~ L.,c. , appellee(s), ta file a camplaint in this appeal RULE: Ta-MD6'I.Lr - 4<f(l, 'Lc, Name of awe//fJefsj ) within twenty (20) days after ~ su~~ non fr Signature 01 appellant or his attomey or agent , appe/lee(s), (1) You are natified that a rule is hereby entered upan you ta file a camplaint in this appeal within twenty (20) days after the date af service af this rule upon you by personal service ar by certified ar registered maiL (2) If you de net file a camplaint within this time, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU. Date: ~ ;;; d.QJ,/__. ~.- (3) The date af service af this rule if service wos by mail is the date of mailing. AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT COMMONWEALTH OF PENNSYLVANIA (This proof of service MUST BE FtLED WITHIN TEN (10) DA YS AFTER tiling the nofice of appeal Check applicable boxes) COUNTY OF ; ss AFFIDAVIT: I hereby swear oraflirm thaI I served o a copy of the Notice of Appeal, Common Pleas No. . upon the District Justice designated therein on (date of service) , D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. and upon the appellee. (name) , on . 19_ D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. and further that i served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on . 19__ by personal service D by (certified) (registered) mail, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .19__ Signature affiant Signature of omen! be/ota whom affrd6vit was rri!:100 Tillo of offh;ia! My commissIon expires on , 19______ ~ -- "- ~ \::l '.J }J ~ ~ t ~ & ~ \ \ ~ ~ () c: s: -om ~g ~~ ~CJ i8 ~ c::> ~, ,.> " ". ~ G5 I N ;po :::: " P 'CjfTI <','9 ,.~~C) -:s'~~ qi',) OIT~ ~ ::0 -< --=- COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 OJ Name: Hon. CHARLES A. CLEMENT, JR. Add"" 1106 CARLISLE ROAD CAMP HILL, PA T"'Phooo(717) 761'4940 17011 LEMOYNE TRANSMISSION 48 S. 3RD STREET LEMOYNE, PA 17043 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'MOBILE - REC INC 2407 PARK DRIVE SUITE 200 ~ISBURG, PA 17110 VS. DEFENDANT: NAME and ADDRESS Ir.EMOYNE TRANSMISSION 48 S. 3RD STREET LEMOYNE, PA 17043 L =:,:::; CV;~~:~;:'01 .. Judgment was entered for: (Name) DRFAm.T .llIDGMRI\1'J' PT.TF MnRTT.R' - 'RRr TJJ(" [!J [!J Judgment was entered against: (Name) in the amount of $ 2 420 00 on: T.RMOVNR TRAIIJ!lMT!::!lTOIIJ (Date of Judgment) 7/10/01 D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. D D D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or D generally stayed. Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 2,332.00 Judgment Costs $ 88.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,420.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ . Date: Place: Time: ....1 ,~. . ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JW)GMENT BY FILING A NOTICE ~ ) . OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIY'SION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDG~E~TiTR~'lT FORM WITH YOUR NOTIC,r, OF APPEAL. 7/10/2001 Date ~ .~. . . ,DistrictJustice Date I certify that this is a true and correct copy of the record of the proceedings contairilng the judgment " My commission expires first Monday of January, AOPC 315.99 2002 ........__._-~.,~_.__. ---... --.. -"- , District Justice SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu~A.LAft. fi'., ; as AFFIDA VIT:/fIereby swear or affirm that I served ~ copy of the Notice of Ap.p.:?a}, Common Pleas No. CJJ..... 1..J~()lp . upon the 9istrict .Justice designated therem o,n (date of service) a fiLl OJ ' D by personal s Ice &'by (cert,f,ed) (registered) ma,l, senders reljljipt attached hereto. and upon the appellee, (name) , on .141.&0 ;;J. . ..~I D by personal service by (certified) (registered) mail, sender's receipt attached hereto. D and further that I served the Rule to Filea Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Ruie was addressed on , 19~ D by personal service D by (certified) (re~d) maii, senders receipt attached hereto. /7. ~. r.SI ~ ("'T 1 SWORN (AFFiRMED) AND SUBSCRIBED BEFORE ME ~ ~- THIS .~ Signature of affiant TWe of official My commission expires on . 1 "----- ~ C) 0 ~-n E; ..... -uro .,- "':JJ IT1 rTl en fllr- Z:O I -am z~ -bO en ' w ~ I 2-- ,::.3(~ ;,::0 -c :.:r:"+; ~o :x (~~o >2 '-:? 25rT1 ,;! ~ ::::> ~ <..:> Notarial Seal . Cermelo J. Claudio, Notary Public Lemoyne Bore, Cumberland County My Commission Expires Feb. 25,2002 MOBllE-REC. INC., Plaintiff vs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. 01-4606 CMl lEMOYNE TRANSMISSIONS, Defendant CIVIL ACTION ---LAW ANSWER TO COMPLAINT AND NOW, this 10th day of September, 2001, comes the Defendant, lEMOYNE TRANSMISSIONS, by and through the owner, Arthur E. Bittner, hereby demand a hearing of the facts concerning the Plaintiff, MOBllE- REC., INC. whereof the following is a statement: This vehicle was returned to us after a few months with a definite failure. On examination, we dis- times around the world, or a pretty good transmission. It had not previously been cooked as it was now. failure. The vehicle originally was simply worn out, having been driven 120,000 miles. This is FIVE failure whenever working on a transmission, or the cause may remain in place and cause another covered that the unit had been COoked to death. It is compulsory to accurately find the cause of a and had been from the factory. This was the cause of failure. It had nothing to do with our parts or our On further examination, we diScovered that the vehicle computer control was rigged up backwards, work. The customer told us to go ahead and fix it, and they'd sell it to some stranger and let THEM get stuck with the next failure. Considering that the purchaser of high-mileage used vehicles is usually rather poor, it is a ruthless dishonest approach. continue to do so. However, it does pay very well for the people who practice it and garages, some of them gigantic in size. It pays very well. We turn all such work away, and will We are often asked to "dope" transmissions. It is quite a science, practiced by unethical car dealers though they knew by then the whole story, if only because they had originally taken it to the Nissan Though we owed them nothing, our work had been perfect Instead, they expected a free repair, even We assured the customer that if he corrected the computer we would rebuild again for $1400.00. . dealer, before they ever brought it to us, who they told me, asked them for a thousand more than our price. But, that included the computer repair. However there was nothing honest about this since the error had been present in all such Nissans and Mercurys of that type, and Nissan and Mercury dealers everywhere knew it though they kept it fairly secret Isn't it strange that they paid the Nissan dealer $2400 when they had offered to do it for $14oo? Also, isn't it obvious that the customer knew great things about us and that's why they brought it to us to begin with at a price that any other shop Would have charged. shops who have tow trucks and/or bribe tow truck drivers to bring them. We just don't but we manage. They live on the average five or less from our shop. We rarely get travelers like other ers tend to be poor, the cars are old and the customers are not particularly nice. some unreasonable Permit me to pOint out that after thirtY-some years this is the very first such complaint My custom- The computer transmission temperature control works backwards. It keeps the transmission fluid This is an unfortunate OCCUrence for the vehicle owner. Nissan should have been more than glad to long drive as this vehicle was, it becomes too much. With short drives it can and did last a long time. mission can stand a lot of overheating, but when COoling is shut off after it's already being cooked with a shuts off the radiator's circulation. Neither way does it cause motor or radiator overheating. A trans- it full COoling through the radiator so it rarely gets hot When it does get hot it works backwards and cold, but on this customer's car the computer works backwards. When the transmission is cold it gives did wam them and compensate them. I have no way to know or prove it should pay for their crimes. Perhaps this vehicle owner was never telling the whole truth, and Nissan correct their error as many other factories have and are still doing. Apparently only Nissan thinks I RespectfUlly submitted, Dated: September 10, 2001 ~e~ BY: ARTHUR E. BITTNER 48 South Third Street lemoyne, Pa. 17043 (717) 763-7700 , g s ~ r t/) t~.. ~ F ~ _ -i;-:frl 'i "'9 ~6 <->~ : "'T:>: 6~~ is ~ .~n\ "'_~.., c.. - --i "'.'~ ::.. ~ MOBILE-REC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4606 CIVIL 19 v. LEMOYNE TRANSMISSION, Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substWltially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: William T. Smi th, Esquire , counsel for the plaintiff/aiofeJlliml in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. Ihiilure biJlOl1012 .warranty work. 2. The claim of the plaintiff in the action is $ 2.332.00. Dlus cos ts The counterclaim of the defendWlt in the action is N/ A The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ~IJy'~~, ~ WILLIAM T. SMITH, ESQUIRE 10# 06887 ORDER OF COURT AND NOW, , 19_. in consideration of the Esq., . Esq., are appointed arbitrators in the above captioned action (or foregoing petition, Esq., WId actions) as prayed for. By the Court. PJ. d 0 0 -n 0 ._"~ ,." :T:ip n \ N ~'g8 r') 1. "'" :'I~l 0::D j~ :x ~- (') - Om , - .. ?5 ~ &:'" -< ~ b ~- \.\ ~ - \<1l...C- ') \'V'\.C-.. '-I. I. '\'--'" \-<a "^,,,..:l ~ V\..... '~G.."" S '^"- .....~~,u--.....:> IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. o \ - '-\ (,. 0 ~ NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that ~ o~..\~ _Q.c...~ . \'^~ from the award of the board of arbitrators entered in this case on L-'\.~- 07- A jury trial is demanded O. (Check box if a jury trial is demanded. Other wise jury trial is waived.) appeals I hereby certify that: 1. The compensation of the arbitrators has been paid, or 2. Application has been make for permission to proceed in forma pauperis. (Strike out the inapplicable clause) ~~~~ Appellant or Attorney for ApEellant .J.A. . I. \2h.\ \. ,,'e>...v-. ~. ':::;: v-.-. ~-" '" 0 c., 'Is( 'l? The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007 .1 (b), NOTE: (b) No affidavit or verification is required. ~ () 0 0 c '" .. ~ :s:: c..- r R "OJ c= ~ mm I ~ Z-rl Z~ .~;~ (!.j -D ~..: "~ ;"--. , 0 .-:=(', ~CJ ...... .,.. C '< ~ -0 -.-....,..1 0 ";.......~ ~ ~C *'~:i" ';;,7.0 - oq c f -0 ...l N OITl 0<) 'l>c: -I -..J t ~ ~ .(' -.. '.0 -< :-1 r PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE ProTHOmI'f.RY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next te:an of civil court. for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) MOBILE-REC, INC. Civil Action ~ Law (X) Appeal from Arbitration (other) ( Plaintiff) vs. (Defendant) The trial list will be called on and Trials conrrence on I \ I 4 I 0 1- Pretrials will be held on J 0 J 110 ~ (Briefs are due 5 days before pretrials. ) 0).., LEMOYNE TRANSMISSION, vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 01 Civil 4606 19 Indicate the attorney who will try case for the party who files this praecipe: WILLIAM T. SMITH, ESQUIRE, 3747 Derry St., Hbg., PA 17111 Phone 717-561-2677 Indicate trial counsel for other parties if known: Arthur E. Bittner, Lemoyne Transmission, 48 South Third St., Lemoyne, PA 17043 This case is ready for trial. Signed,~' '- 0 Q Date: <;?/lllo~ Print Narre: WILLIAM T. SMITH, ESQUIRE Attorney for: PLAINTIFF, Mobile-Ree, Ine. (') C ? 'Jl7" [I) f.; ""-~ 2:'" ~ u:!.;.~ ~:. 5~~ :=r -< o 1'~0 :no c:) -Y'J G-) 1'0 <::.1 ,,) :.11 en 12. Mobile-REC, Inc. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V Lemoyne Transmission : NO. 01-4606 CIVIL TERM ORDER OF COURT AND NOW, October 8, 2002, counsel having failed to call the above case for trial, the case is stricken from the November 4, 2002 trial term. Counsel is directed to relist the case when ready. By the Court, William T. Smith, Esquire For the Plaintiff Lemoyne Transmission Defendant ~ ~ JP~Oq_D2 ~ Court Administrator ld " ,. f . \. ... , .' ViNV/\lASNN3d 'UNn.~r'l ',.r1\..::lQ1^'nf'\ I 111,)'0"",.1'..1''4, IV SU:II 6-lJO ZO ,~,8Vl(\,<(:,j .~~:"i.~ :10 :;~.I1J:<) <J:n::: \{'.I". o\:, ~ -c. ~ ~c.. \. V'\ '-' J vs Case No. () \, - u...~ b ~ \.~v-^- c,\ '^ (... () \. "u.. yo.. So \,-r-'- S> ~ " ~ Statement oflntention to Proceed To the Court: \-"- ..\:" ,,\ 'C- .. Q.<-<>-- \ r", c- .. Print NamA.:J,,\ \ ~ ::::\'.s,,-,~ /" Date: 9.,.~)0 -0 ~ Sign Name Attorney for ~~'-:>~<....-~""- \. -"''''- ' Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Iudicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision ofthe Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Iudicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy ofthe prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order oftennination on the docket, subdivision (d)(2) provides that tbe court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated "An action which has not been tenninated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ~ (") ,,:: ....> <=" 5'\ c:> c-, -' \ ~":'y ,",,"""t -:J .~ .,. ~ ..... -r: -n fn~ -nf:o .,:!{:\~~~ ~-;:;6 :;::;Irn ":,::,. ~ ~ .'<; z:;: -::C'~ ~9 c:>