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Home My WebLink About06-1454COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBER DISTRICT 9TH NOTICE OF APPEAL FROM r ' ! / 51 DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na QLO - /41 g y C L L)t C-TLrn NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common fleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. PATRICK B. BUGGY 1 09-3-05 PA 1 CV 19 opoggp9-06 I si ! LT 19_ en inrrv n This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No 1008(. 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 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.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 Prothonotary Enter rule upon , appellee(s), to file a complaint in this appeal Name of appelleeis) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros signature or appellant w hm attorney or agent RULE: To oppenee(s). Name of appe/ke(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 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_ sgnetue Of Prothpatay or Deputy If aAbel'(ant was CLAIMANT (see Pa. R.C.P.J.P. No. in action before District Justice, he MUST NJPC 312-U COURT FILE TO BE FILED WITH PROTHONOTARY PROOF Or SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT p q::! .. .,_,? 4t.3'[ c3F t R . rsr?"rt.,v TEN !WC BAYS A,-TE"F? fitiog the gopi^n , ap) eat. t. en>, ?,nt:ii,a:?.e _. . ____._.__. s . "u3 ?..'„e. ,f „ pprof, Con rn n Plvas No....?__ ,._.... _ upon t`te 0 ,lst ict ,6.} -,,slit, dest?na,t. , by personai service ?. --- - ------ --- ---- ?ii •t!' . .. .`? ,t t _» ,',f743 a.r },?.LCt;. "„'=<t ` t?j ---- ._ ?E a„s.-nal SLrviGg :1 by {certified) (regtsPer?d) mail, sender's receipt attacneU 6 ....r I',?. 3.t.: 'ml I s>vet; in_ FuieTo F,lf.' Cc moi,t taccompanv!ng the abov_,li ice of Appeal :pct -heanp; llee`S1 tc, vvho r ' ___-- .._------ . JXJt,d7dt8 6i e br 2C / ( C N ° 0 ? T 4 t ( " Z5_? .5'V' Ri Tr G "? , ^ " c ZC ?G :?' CJ3 o t cr) " G , 3 r0 ! C a c: c> m 4 c m { COMMONWEALTH OF PENNSYLVANIA r,.N INTY C)F' CUMBERLAND Dlat. Na. 09-3-05 NDJ Name'. Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone (717 ) 766-4575 17055 ATTORNEY FOR PLAINTIFF : ANTHONY T. FIRST FL 407 N FRONT HARRISBURG, MCBETH ST PA 17101 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASEnd ADDRESS - NAME "BUGGY, PATRICK B 787 OLD SILVER SPRING RD MECHANICSBURG, PA 17055 L - VS. DEFENDANT: NAME and ADDRESS _ rSUSQIISHANffiA OIL COMPANY 1105 SCHAFFER ROAD P O BOX 700 LDILLSBURG, PA 17019 Docket No.: CV-0000029-06 Date Filed: 1/24/06 THIS IS TO NOTIFY YOU THAT: Judgment: DBFAULT JIIDGMBNT DBF ® Judgment was entered for: (Name) sj77SQTrm;TAwwA CITY. nnmPANY ® Judgment was entered against: (Name) Hacsv, pATIgTi-ir 8 in the amount of $ _00 on: (Date of Judgment) ? Defendants are jointly and severally liable. (Date & Time) ? 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 $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY TiAS THE RIGHT TO APPEAL' WITHIN 301)AYS AFTERTHE ENTRY OF JUDGMENT BYFILING 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 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 COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS 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, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. i Q C Date Magisterial District Judge I certifytF at 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, 2012 . SEAL AOPC 315-05 TAwO nnrv.nvn_ ?/no/nc n.cl.no nm PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT -^rt ° xvi,_ M qt ; T EE r ti "Ci MTHIN 7EN 0,0) DAYS AF'7'ER bling the lronce Jt appe. a?. C ? ,k sppdcatk, p boxes" P,.`.2FR A8i}?;VYFtldy.,lfTH :3/{ PENNSYLVANIA AFFIDAVIT: ? Oy W dt ^r 3tr?r it ih 2 1 of rl+8 j ry? ? y?r s c tt, v s t ,.: xt,? n! c` rnr r. , r ietts No 06 1 •???n th lct is e ?i,? ynatoo iYicrF n or, _L by pornonai sonV;ce t t i.ret# h_c, ` mail. sencers ?.:: r t tart ?' tF :lo ? ) upon the `tppa es" gyp. tly __._r.`t, AA i by porsonal ser ice cer ified) is?e?maii, sor t attachec! -ir re".o. .. ?it?.ir3=? -es.,^a:EU1e :oF?o ?G?,:r??„,..?:?tc ?omois,s,rS,`,eak;orn Nr?ttce o{ttppea',.},, ..te znp?. 4eafs`???xt?or•, ___._._------- ----------- . '?._._.? py. per ,?r,ttl sf,r'?ce ?>/l;y lctrt f?e,si treEis eretii - r 5r _ .. h h O kFr«tI r^t ?;}F-r ARE _ s f k •? ? 1? 1 .r'r ?- -- ` --- -..__ _,._-- -----E cc, s r.? a irart?- 1gtd?ts -- --- --- - ---- --- - ----- NWEALTH QF F ENNS?'LV NoWW Seal Mahe S. V4amNaryPvbk %0fHrabbup. Dojp* C=* MyoamYedmEvkae,hnell,a ? erd,e..nR.?,aroowl. o n' - r??-!-. -r -n _y c_ W C`YYTTtt W COMMONWEALTH Of PENNSYLVANIA NOTICE OF APPEAf. COURT OF COMMON PLEAS FROM ' `-JUDICtAt DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 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 mentioned below. NAME OF APPELUM MAG DIST. Na OR NAME OF aJ ADDRESS OF APPELLANT CITY -STATE Zip CODE ,?; ..L. ._.;, .. f?.;.. ;., DALE OF JUDGMENT IN THE CASE OF (HaimilN '-- lCelerb?t) K .. ?... CLAIM NO SIGNAT E APPELLAM R HIS ATTORt1EY OR AGENT CV 19 ..kvcT ,_f s LT 19 o-.- . This block will be signed ONLY when this notation is required under Pa. R.CP.JP. Na. If appeNant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy 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.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 Prothonotary Enter rule upon , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas Na ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. signature of appellant w his attorney or agent RULE: To , appellee(s). Name of appellees) (1) You one 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: , 19_. Signatlre of ProthwlMary or DgLUry MDPC12-M COURT FILE ,v t m r r cp Postage 5 r Certified Fee C9 Pos Return Receipt Fee Q? Here (Endorsement Risen recll (J,) Restricted Delivery Fee IM (Entlo¢erd ement Required) p ! ' " 1 O Total Postage 8 Fees $ M re 's Neme i card PrV rr O/eany (N bn completed by ma9cvl O rep?iP --- or P Box No. I O?? ? i r It State, IPr4 \/L Psi nQ$S? r i a ? QQQ ? Postage u a LJ r Cenitied Fee Poslmak?, Return Receipt Fee He ? (Endorsement C3 Restricted Delivery Fee 0 (Endorsern sementirve, e O Total Postage & Fee, O m I rantk Name /Please Pnnt Clearlyl po be complatetl ty meii?gp ? Street No POB No o l? ki ` ??afkr?`d1 r (?'?r f'?O? PATRICK B. BUGGY, Plaintiff V. SUSQUEHANNA OIL COMPANY,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 1454-06 CIVIL TERM 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 an 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, PA 17013 (717) 249-3166 800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE AGOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 PATRICK B. BUGGY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW SUSQUEHANNA OIL COMPANY,: NO. 1454-06 CIVIL TERM Defendant COMPLAINT 1. Plaintiff is an adult individual residing at 787 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is a business concern, believed to be a corporation with its headquarters located at 1105 Schaffer Road, Dillsburg (Monroe Township, Cumberland County), Pennsylvania. 3. On or about December 21, 2002, Plaintiff contracted with the Defendant for purchase and installation of heat pump in Plaintiffs home, at his present address. 4. The unit was not installed properly by Defendant's agents, and it malfunctions as outside weather turns colder, defeating the purpose of the product. 5. Plaintiff has summoned agents of the Defendant to repair the unit on several occasions, but has not been able to obtain a satisfactory repair. 6. Plaintiff paid to the Defendant the sum of $1,459.00 for the unit. 7. Plaintiff has obtained an estimate which discloses that, the unit would have to be replaced at a cost of $4,671.00. COUNT I - BREACH OF CONTRACT 8. The facts set forth in paragraphs one through seven are incorporated herein by reference. 9. Defendant's failure to provide Plaintiff a proper working unit in exchange for his purchase price constitutes a material breach of the contract between the parties. 10. As a direct result of Defendant's material breach of the contract between the parties, Plaintiff has suffered damages, namely, the cost of the unit that does not function properly ($1,459.00) and the cost to replace the unit with a unit that would function properly for the purposes for which Plaintiff bought the unit ($4,671.00). WHEREFORE, Plaintiff requests this Honorable Courtto enter judgment in his favor and against the Defendant for $6,130.00 together with interest, the costs of this action and any other relief the Court deems appropriate. COUNT II - BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 11. The facts set forth in paragraphs one through seven are incorporated herein by reference. 12. Defendant regularly sells and services heating units similar to the unit that it sold to Plaintiff, which is the subject of this action. 13. As such, Defendant is a "merchant" as that term is used in the Uniform Commercial Code. 14. With respect to the transaction with Plaintiff, Defendant breached the Implied Warranty of Merchantability in that it sold Plaintiff a unit of substandard quality as described above. 15. As a direct result of the transaction that is the subject of this Count, Plaintiff has incurred orwill incur damages composed of the purchase priceforthe defective unit 2 ($1,459.00) and the cost to replace the unit with a unit that functions properly as described above ($4,671.00). WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in his favor and against the Defendant for $6,130.00 together with interest, the costs of this action and any other relief the Court deems appropriate. wj('?Ai R 1?-o 6 ate 6 - Anthony T. McB , Esq. Attorney for Plai ti 407 North Fron St., First Floor Harrisburg, PA 1 (717) 238-3686 Supreme Court I.D. # 53729 3 VERIFICATION I, Anthony T. McBeth, am attorney for the Plaintiff in the captioned action. I am verifying the attached document for the Plaintiff in that he is outside the jurisdiction of this Court and his verification cannot be obtained by the time this Complaint needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Date Anthony T. McBe squire PATRICK B. BUGGY, Plaintiff V. SUSQUEHANNA OIL COMPANY,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 1454-06 CIVIL TERM CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Plaintiff, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: William E. Miller, Jr., Esquire Miller & Associates, P.C. 1822 Market Street Camp Hill, PA 17011 Susquehanna Oil Company 1105 Schaffer Road P.O. Box 700 Dillsburg, PA 17019 Q d' 04. Date Anthony T. McBet , sq. Attorney for Plai Vt01 407 North Front irst Floor Harrisburg, PA (717) 238-3686 Supreme Court I.D. # 53729 C> ? O =' x7 r 7l ri PATRICK B. BUGGY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SUSQUEHANNA OIL COMPANY, : NO. 1454-06 CIVIL TERM Defendant 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 PATRICK B. BUGGY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW SUSQUEHANNA OIL COMPANY, : NO. 1454-06 CIVIL TERM Defendant N 0 T I C I A USTED HA SIDO DEMANDADA/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO IMMEDIATA- MENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 PATRICK B. BUGGY, Plaintiff V. SUSQUEHANNA OIL COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1454-06 CIVIL TERM ANSWER with NEW MATTER AND NOW, comes Defendant, SUSQUEHANNA OIL COMPANY (Defendant"), by and through its attorneys, Miller & Associates, PC, and files this Answer averring as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted in part and denied in part. Admitted that Plaintiff contracted with Defendant on or about December 21, 2002. Denied that the contract was for the installation of a heat pump. 4. Denied. Defendant's agents installed a replacement exterior compressor unit to be used in connection with Plaintiff's existing heat pump heating system. Further, it is denied that the "unit" malfunctions. 5. Admitted in part and denied in part. Admitted that Defendant's agents have gone to Plaintiff's home to make repairs to the replacement exterior compressor unit. Denied that the repairs completed have not resulted in a successful repair of the unit. 6. Admitted Plaintiff paid $1,459.00 for installation of a replacement exterior compressor unit. 7. Denied as stated. After reasonable investigation, Defendant lacks sufficient information upon which to form a belief or opinion as to the matter asserted and therefore demands that Plaintiff establish the truth of that which is asserted. Count I - Breach of Contract 8. Admitted. 9. Denied. Defendant did provide a working replacement exterior compres- sor unit in exchange for the purchase price paid and Plaintiffs allegation of breach of contract is a conclusion of law for which no responsive pleading is required. 10. Denied. By way of further answer, Plaintiffs allegation of breach of contract is a conclusion of law for which no responsive pleading is required. Count II - Breach of Implied Warranty of Merchantability 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. Defendant provided to Plaintiff a quality replacement exterior compressor unit and Plaintiffs allegation of breach of the Implied Warranty of Mer- chantability is a conclusion of law for which no responsive pleading is required. 15. Denied as stated. After reasonable investigation, Defendant lacks sufficient information upon which to form a belief or opinion as to the matter asserted and therefore demands that Plaintiff establish the truth of that which is asserted. WHEREFORE, Defendant, Susquehanna Oil, requests that this honorable Court dismiss the Complaint, enter judgment in its favor, award costs and grant such other relief as it deems fair and just. New Matter 16. On or about December 21, 2002, Plaintiff requested that Defendant install a replacement exterior compressor unit to connect to Plaintiff's existing heat pump heating system because Plaintiffs original compressor unit was damaged by Plaintiff in an attempt to remove ice that had formed on the unit. 17. Defendant's agents installed a replacement exterior compressor unit outside Plaintiff's home and connected it to Plaintiff's existing heat pump system. 18. Upon installation of the replacement exterior compressor unit, Defen- dant's agents provided to Plaintiff instructions as to how to properly utilize a heat pump heating system, including instructions that the exterior compressor unit cannot be used in temperatures below 32 degrees Fahrenheit without using a supplementary electric heat system installed in the heat pump system found inside the home because use of the exterior compressor unit without using the supplementary heat system risks ice forming on the exterior compressor unit and the build up of ice will cause a subsequent failure of the exterior compressor unit. 19. Defendant did not install nor make any repairs to Plaintiffs supplemen- tary interior heat system for use with the replacement exterior compressor unit. 20. After installing the replacement exterior compressor unit, Defendant's agents returned to Plaintiffs home to make repairs to the unit because the exterior compressor unit continued to fail in temperatures below 32 degrees Fahrenheit due to Plaintiff's refusal to use the supplementary electric heat system. 21. Plaintiff failed to use the replacement exterior compressor unit, installed by Defendant, in accordance with the instructions. 22. Plaintiffs own actions caused the failure of the replacement exterior compressor unit. 23. Plaintiffs Complaint fails to state a claim upon which relief can be granted. WHEREFORE, Defendant, Susquehanna Oil requests this honorable Court dismiss the Complaint, enter judgment in its favor, award costs and grant such other relief as it deems fair and just. Dated: ,31_7?a MILLER & ASSOCIATES, PC B vvniiam t. miiier, jr. Alicia S. Miller Attorney ID 07 0 and 82099 1822 Market treet Camp Hill, PA 17011 (717) 737-9210 Attorneys for Defendant VERIFICATION The undersigned, HAROLD C. WILLIS, hereby verifies and states that: He is President of SUSQUEHANNA OIL COMPANY, Defendant herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Answer with New Matter are true and correct to the best of his knowledge, or information and belief; and 4. He is aware that false statements herein are made subject to the penal- ties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated. -502.5le7(?' G HAROLD C. WILLIS, President SUSQUEHANNA OIL COMPANY PATRICK B. BUGGY, Plaintiff v. SUSQUEHANNA OIL COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 1454-06 CIVIL TERM AFFIDAVIT OF SERVICE I, WILLIAM E. MILLER, Jr., Attorney for Defendant, hereby certify that I am a member of the Cumberland County Bar and that I personally served copies of the attached Answer with New Matter by mailing it via U.S. postal service, first class mail, postage prepaid to: Anthony T. McBeth, Esquire 407 North Front Street, First Floor Harrisburg, PA 17101 MILLER & ASSOCIATES, PC Dated: By William E. Miller, Jr. Alicia S. Miller Attorney ID 0722 nd 82099 1822 Market S eet Camp Hill, PA 17011 (717) 737-9210 Attorneys for Defendant ^J _?" C;::i 1 U? 1. ?- ' ... _ 1 - f' 1 J i ?- ?' _. r.aY _ - ;'. /V ? ° t ? rrj -? 'a ^) i C"`y :.? vs SUSQUEHANNA OIL COMPANY Case No. 06-1454 CIVIL TERM Statement of Intention to Proceed To the Court: PATRICK B. BUGGY, PLAINTIFF Print Name ANTHONY T. MCBETH Date: SEPTEMBER 2. 2009 Sign intends to emceed with the above captioned matter. Attorney for BLAINTIPli" PATRICK B. BUGGY 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. 1. 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 Judicial 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 of the 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 Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the 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 of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (dx3) 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 terminated 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. FILED-, OF THr PRc THnNo ARY 2009 SEP -3 PPS 2: 3 9 1 E-,N4 tr•,