The URL can be used to link to this page

Home My WebLink About94-00207 ~'~ . - "> I. '" \/) \J ~ :A . 0/1. 7 c o '" - ~ c- O CO I , , , ,. "~-'~."'., ~.2. I',' - "",:.",,'t..~<U.w" .' COURT OF COMMON PLEAS CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT MAUREEN KARLSON, Plaintiff, v, COMMON PLEAS #207Civi11994 APPLIANCE SERVICE CO., Defendant. COMPLAIN'J;: 1. The Plaintiff, Maureen Karlson, is an individual residing at 709 Owl Court, Mechanicsburg, Pennsylvania, 17055. 2. The Defendant, Appliance Service Co., is a privately- owned business operating a retail establishment under the laws of the Commonwealth of Pennsylvania and having a principal place of business at 99 Front Street, West Fairview, Pennsylvania, 17025. 3. On November 2, 1992, Plaintiff purchased an Amana side- by-side refrigerator/freezer from the Defendant for $240.00. A true and correct copy of the Bill of Sale is attached to this complaint and marked as Exhibit "A". 4, On June I, 1993, Plaintiff contacted the Defendant by telephone to report that the refrigerator/freezer which she had purchased on November 2, 1992. was making an unusual noi se and that she believed the compressor to be faulty. 5, Brien (LNU), a representative of the Defendant, went to the Complainant's home on June 1. 1993, to service the refrigerator, however, because he did not have the proper equipment I , ,.~",,~,,~, .' with him, he told the Plaintiff that he would come back on June 2, 1993. 6. On June 2, 1993, Brien (LNU) failed to report back to Plaintiff's home to service the refrigerator/freezer as promised, even though the Plaintiff telephoned the Defendant at 4:00 p.m. to inquire as to the service man' s whereabouts and to insist upon immediate service. 7. On June 3, 1993, Plaintiff telephoned the Defendant at 9:00 a.m., 5:50 p.m., and 7:00 p.m., to request immediate service and to report that in addition to the unusual noise, the refrigerator was not cold and the freezer had defrosted. Plaintiff informed the Defendant that although she had attempted to save some of her food, she could not. 8. Brien (LNU) finally appeared at Plaintiff's home at 9:00 p.m. on June 3, 1993, to service the refrigerator/freezer. Brien (LNU) indicated that there was a "hot start" on the compressor and he admitted to the Plaintiff that the appliance should have never left the Defendant's business with a "hot start". 9. As a di rect result of the faulty refrigerator/freezer purchased on November 2, 1992, and the Defendant' s fai lure to provide service in a timely manner, the Plaintiff suffered the loss of the entire contents of her refrigerator/freezer between June I, 1993, and June 3, 1993, amounting to a total loss of at least $400.00. 10. On June 4, 1993, Defendant provided Plaintiff with another Amana side-by-side refrigerator/freezer. Plaintiff paid - 2 - the Defendant an additional $50.00 for a six (6) month guarantee on parts, labor and service, A true and correct copy of the Bill of Sale is attached to this complaint and marked as Exhibit "B". 11. On November 11, 1993, Plaintiff came home from work at 5:00 p.m. and found that the replacement refrigerator/freezer was not operating properly. The refrigerator was not cold, the freezer had defrosted, and the appliance was making the same unusual noise as the previous refrigerator/freezer. 12. Plaintiff telephoned the Defendant at 5:15 p.m. on November II, 1993, and requested immediate service. 13. The Plaintiff also asked whether the Defendant would allow her to return the appliance and refund her money, explaining that she could not afford to continuously risk losing the entire contents of her refrigerator/freezer. Defendant refused to accept a return on the appliance or refund Plaintiff's money, stating that it was not their policy to do so. 14. Defendant failed to report to Plaintiff's home on November 11, 1993, or November 12, 1993, to service the refrigerator/freezer, thereby breaching the six (6) month service contract which Plaintiff had purchased on June 4, 1993. 15. As a direct result of the faulty refrigerator/freezer provided to the Plaintiff on June 4, 1993, and the Defendant's failure to provide service in a timely manner, the Plaintiff suffered the loss of the entire contents of her refrigerator/freezer between November II, 1993, and November 12, 1993, amounting to a total loss of at least $350.00. - 3 - 16. Plaintiff filed a civil complaint against the Defendant with the District Magistrate in Cumberland County on November 12. 1993. True and correct copies of the Civil Action Hearing Notice and the Civil Complaint are attached to this complaint and marked as Exhibits "C" and "0" respectively. 17. The total cost to the Plaintiff to file the above- referenced civil complaint was $55.68. 18. A hearing was held on December 28, 1993. at which both the Plaintiff and the Defendant were present. 19. After hearing the facts and reviewing the evidence provided. District Justice Robert V. Manlove rendered judgment in favor of the Plaintiff. A true and correct copy of the Notice of Judgment/Transcript is attached to this complaint and marked as Exhibit "E". 20. Defendant is liable to the Plaintiff for the cost of the faulty refrigerators ($240.00); the cost of the additional service guarantee ($50.00); the total of the amount of food that was damaged on both occasions ($750.00), and the cost of filing the Civil Complaint ($55.68). WHEREFORE, Plaintiff demands judgment in her favor and against the Defendant in the amount of $1.095.68. together with interest from January 28, 1994. ~~vv &~ ~UREEN KARLSON - 4 - .........-.~,..~.:, -- ., . -- H) f)~ //7_/.1 ,.,-?""- ",,71' <? 0 ~ ;.? 'J APPLIANCE SERVICE CO. 99 FRONT STREET WEST FAIRVIEW, PA 17025 (717) 732-4172 , M/(C; , I ~~on% ? /_ iT / l/ 9 Oale II' -z.. 19..ft- k'~ ./.50 A"/ /')~/ (' r- Customer's Order No. IK)W.V r- ON ACCl, MOlE. ETD. "AID OUT , ! .' .' , QUolnlllV PAICE AMOUNT CAd I' :,J ..,L TAX .-..-.. TOTAL All claims and returned goods MUST be accompanied by this bill. .\ ! ", ,I Rec'd by . ~ .~, , PRIN.lE~I~~S~.....J . " , . \ EXHIBIT "A" .>1,." . io._".__ I -- ) ) APPUANCE SERVICE CO. 99 Front Street West Falrvfew, PA 17025 (717) 732-4172 CUSlomer's . Order No. ~~one l 11- ~ \ ~ '\ D.le~19~ "\ \l ':J Name Address aoL.O BY CA." C.O_D CHARGE ON ACCT MOSt. HElD. AMou,n PRlcr .) 0.") :,; f'. .J '.\ \to . \ u..i[ Loc:. ((: re.~ ~ TAll TOTAL All claims and relurnc~ goods MUST be accompaniod by this bill. " " Aec'd by \ PAINTEOIN us.... ~ , ...... " '. \ EXHIBIT "B" . ' COMMCNWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND I .' CIVIL ACTION '''PLAINTIFF HEARING NOTICE r- "iAf.tE and AOORe88 'KARLSON, MAUREEN 709 OWL COURT MECHANICSBURG, PA 17055 L I Mtg. 0I1l No.: 09-1-02 OJ N&IM. Hon. Robert V. MANLOVE Add.... 1507 Market Street Camp Hill, PA .J T._. (717) 761-0583 17011-0000 DEFENDANT: ~PPLIANCE SERViCEw~~ 99 FRONT STREET WEST FAIRVIEW, PA 17.025 L VS. I .J MAUREEN KARLSON 709 OWL COURT MECHANICSBURG, PA 17055 Docket No.: CV-0000561-93 Date Filed: 11/12/93 AI - A civil complaint has been filed against you In the above captioned case. A hearing has been set In this matter for: Date: 12/28 93 9:00 AM Place: Time: 1507 Market Street Camp Hill, PA 17011-0000 NOTICE TO DEFENDANT If you Inlend to enter a defense to this complaint, you should so notify this office Immediately at the above phone number. You must appear at the hearing and present your defense. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plalntllf which is ~Ithln distrlci justice jurisdlct!on and which you intend to assart at the hearing, you must file It on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. DATE PRINTED: 11/12/93 EXHIBIT "e" \ \ AOPC 3089-92 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND CIVIL COMPLAINT .. Mtg 0161 No: 09-1-02 PUlINTlFF NAME""" AOOf1lSlI r MJlUREEN KARLSON 709 OIiL COURT MECIIIINICSBURJ, PII 17055 L (II) 697-4149 (W) 761-2633 EXT.SVS~ OEFENOANT: r I OJ Name: Uon. Robert V. MANLOVE Add,_: 1507 Market street Camp Hill, PA '__: (717) 761-0503 17011-0000 -' NAIoIE """ I\lXlIlES8 I IIPPLIIINCE SERVICE CO. 99 f'RONT S'l'REE'l' L WEST FIIIRVIEW, PA 17025 Docket No.: cv-OOOO -93 Dato Filed: 11/12/93 -' FlUNG COSTS S SERVING COSTSS TOTAL S AMOUNT 41. 50 14.1B DATE PAID 11/ 12/93 11/ 12/93 / / TO THE DEFENDANT: The above named plalnlllf(s) asks judgment against you for $ B09. 70 together with costs upon tho following claim (Civil fines must include cllation of the statute or ordinance violated): BOUGIIT FIIULTi' REFRIGERA'l'OR - WANT COST AND DAMI\GES: COST OF PRODUCT - $259.70 LOSS OF FOOD - $350.00 GREIF & AGGRIVIITION - $200.00 - BOUGHT ORIGINAL APPLIANCE NOVEMBER 92 - APPLIANCE HAD TO DE REPLIICED - LOST $200.00 WORTH OF FOOD PRODUCTS - JUNE 4 COMPIINi' REPLIICED APPLIANCE - APPLIANCE DROKE 11/11/93 - LOST $150.00 FOOD. PRODUCT. REQUESTED COMI'IINY TAKE APPLIANCE BACK AND REF~ND ~IONEY . - COMPANY REFUSED. I, NIIUREEN KARLSON verify that the facls set forth In Ihls complaint are true and correcl tu the best 01 my knowledge, information, and belief. This statement Is made subject to the penalties of Section 4904 01 the Crimes Code (1 B PA. S.C.A. S 4904) related to unsworn falsillcatlon to authorities. - , x u1hon.ed Agen~ Plaintiff. Marney: Addross: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT, II you have a claim against the plaintiff which Is within district justice jurisdiction and which you intend tu assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearinJlJ!You have a claim against the plainliff which Is not within district justice jurisdiction, you may req'- procedures you may follow, EXHIBIT "D" AOPC 3Q8A.92 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT ......... ...., 09-1-02 PLAINTIFF: ..", .... AlX..... ~ARLSON, MAUREEN 709 OWL COURT MECHANICSBURG, PA 17055 L .J ., W Name:" Robert V. MANLOVE ...,"" 1507 Market street Camp Hill, PA VS. T_, (717) 761-0583 17011-0000 DEFENDANT: ~PPLIANCE SERVicE....CO~.. 99 FRONT STREET WEST FAIRVIEW, PA 17025 L .J ., MAUREEN KARLSON 709 OWL COURT MECHANICSBURG, PA 17055 Docket No.: CV-0000561-93 Date Filed: 11/12/93 THIS IS TO NOTIFY YOU THAT: [!] Judgment was entered for: (Name) KARLSON. MAUREEN 00 Judgment was entered against: (Name) APPLIANCE SERVICE CO. in the amount of $ 355.68 (Date) 12/28/93 on: D Damages will be assElssed en: (Date & Time) D This case dismissed with prejudice. D This case dismissed without prejudice. D Possession granted. D Possession granted if money judgment is not satisfied within thirty days. o Possession not granted. o Levy is stayed for days or 0 generally stayed. o Objection to levy has been filed and hearing will be held: Date: Place: Amount 01 Judgment Judgment Costs Interest on Judgment Allorney Fees $300.00 $55.68 $.00 $.00 $355.68 TOTAL .... Time: __u AWl PARTY HAS THE RIG o;!'r..P!~ ~ITH THE PR ~Date I certify at this is a true n DAYS OF THE DATE OF JUDGMl!NT BY FILING A NOnCl! F THE COURT OF COMMON PLl!AS, CIVIL DIVISION. . District Justice of the proceedings containing the judgment. , District Justice t.f Date (. My commission expires first Monday 01 Janua~. 191....'{ EXHIBIT ''E" AOPC 315-93 ~~~,,- AFFIDAVIT Commonwealth of Pennsylvania County of Cumberland MAUREEN KARLSON, being duly sworn according to law, deposes and says that she is the Plaintiff in this action and that the facts set forth in the foregoing complaint are true and correct to the best of her knowledge, information, and belief. :!/~ 4J~ , ureen Karlson Sworn to and subscribed before me this lOth day (~: ~r~(994. 6......-y ~UbliC NolaneI Seal St...~ Clark, Ni:lllwY NlIo Bao. Curbeitand~ My Ccm,issio" E>l*lls Feb. 3. 1996 ""f And now, this C E R T I FIe L'CI_O_,l'I //1 J-II /v' -- day of February, 1994, I certify that a copy of the enclosed complaint was served by first clan mail, postage prepaid, addressed as follows: Appliance Service Co, 99 Front Street West Fairview, PA 17025 ~:~L;~l( ~ ',..,' ~-,---. .",.. en - ,. ~ or. ., = -er N :.r en ..J.-', '.'-.1 ., . . .- ~ ~;' '-'- (~,' ~ . MAUREEN KARLSON, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 207 Civil 1994 APPLIANCE SERVICE CO" Defendant Civil Action - Law ANSWER arm NEW MATTER AND NOW, this 2nd day of March, 1994, comes the Defendant, Appliance Service Co" by and through its attorney, the law firm of Baturin & Baturin, and files the within Answer as follows: 1. Admitted. 2. Admitted. 3. Admitted, 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Defendant's service representative went to Plaintiff's home on June 1, 1993. It is denied, however, that Defendant's service representative did not have proper equipment or that he would come back on June 2, 1993. 6,' Neither admitted nor denied. Strict proof thereof is demanded at time of trial. 7. Neither admitted nor denied. Strict proof thereof is demanded at time of trial. - 1 - 8, Admitted in part and denied in part, It is admitted that Defendant's service representative appeared at Plaintiff's home at 9;00 p.m., on June 3, 1993, but it is denied that service representative made any comments regarding a so-called "hot start". 9. Neither admitted nor denied. Strict proof thereof is demanded at time of trial. 10. Admitted. 11. Neither admitted nor denied. strict proof thereof is demanded at time of trial. 12. Admitted in part and denied in part. It is admitted that Plaintiff telephoned Defendant on November 11, 1993, but it is denied that Plaintiff requested immediate service, 13. Admitted. It is admitted that Plaintiff asked Defendant to allow her to return the appliance and requested a refund. It is further admitted that it is the Defendant's policy to service the appliance as sold. 14. Admitted. However, Defendant states that Plaintiff refused to allow Defendant's service representative to return to her home to make any necessary repairs. 15, Denied. It is denied that Defendant failed to provide service in a timely fashion; on the contrary, Defendant offered to provide service to the Plaintiff in a timely fashion, but was prohibited from doing so by Plaintiff who refused Defendant's service representative from servicing the appliance at her home. Moreover, Defendant has no knowledge of any loss of contents of the refrigerator/freezer which Plaintiff claims occurred. 16. Admitted. 17. Admitted. - 2 - 18. Admitted. 19. Admitted. 20. Denied. It is denied that Defendant is liable to Plaintiff for the cost of the refrigerator/freezer, cost of additional service guarantee, contents of refrigerator/freezer and court costs, WHEREFORE, the Defendant, Appliance Service Co., denies that the Plaintiff is entitled to the relief claimed and requests this Honorable Court to dismiss said Complaint. NEW HATTE~ 21, Plaintiff purchased the reconditioned Amana refrigerator/freezer on November 2, 1992. Plaintiff received with the purchase of same a 6-month guarantee on parts, labor and service. This guarantee is set torth in Plaintiff's Exhibit "An attached to the Complaint, 22. Defendant was under no contractual obligation to the Plaintiff when the latter telephoned the Defendant informing the Defendant that the appliance was not working properly during her telephone conversation on June I, 1993, according to Plaintiff's Complaint, Paragraph 4, At that time the appliance was no longer covered by the 6-month guarantee inasmuch as the 6- month guarantee period had elapsed. 23. Defendant, simply as a gesture of good will and to accommodate the Plaintiff, replaced the appliance with another refrigerator/freezer on June 4, 1993, Defendant made no additional charge for the replaced appliance, service and the delivery, but made a $50.00 chargp. for a 6-month guarantee on parts, labor and service. - 3 - (,.,.-~<--., --'.F'-Y~'" 24, Approximately 5-1/2 months later Plaintiff reported a malfunction and demanded a refund of her money and did not permit the Defendant to have its service representative inspect the appliance and correct the problem. 25. Defendant made several attempts to arrange for an on-site inspection and service, but Plaintiff prohibited Defendant's representative from servicing the appliance. 26. Any alleged direct or consequential damages were brought about by Plaintiff's conduct exclusively. 27. At no time throughout this entire incident did Defendant fail to reasonably respond to any request for service by Plaintiff notwithstanding the fact that Defendant was not contractually obliged to do so following the expiration of the 6-month guarantee with the a purchase of the appliance on November 2, 1992. 28, Defendant was refused access to examine or correct the refrigerator/freezer appliance during the second guarantee period which it had the right to do and which service the Plaintiff admittedly prevented. WHEREFORE, the Defendant, Appliance Service Co" denies that the Plaintiff is entitled to the relief claimed and requests this Honorable Court to dismiss said Complaint. Respectfully submitted, .- -7/olaJ tl1.1Sc\ Floyd M. aturin, Esquire (I.D, No. 07044) Attorney for Defendant V 1- \ ~\ By; 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 - 4 - VERIFICATION I verify that the statements made in this Answer and New Hatter are true and correct. I understand that false statements herein made are subject to the penalties of 18 PA C.S. Section 4904. relating to unsworn falsification to authorities. Dated: March 2. 1994 APPLIANCB SBRVICB CO. By: ~~A",,~~4~ . R, Prop. (SHAL) - 5 - ,-.,-~.,;--~........... CERTIFICATE OF SERVICE I. Floyd H. Baturin. Esquire, of the law firm of Baturin & Baturin, hereby certify that I served a true and correct copy of the foregoing Answer containing New Hatter upon the Plaintiff this date by depositing same in the United States Hail, Harrisburg, Pennsylvania, by regular first-class mail, postage prepaid, addressed as follows: Haureen Karlson 709 Owl Court Mechanicsburg, PA 17055 BATURIN & BATURIN By: -=t ) DLI J. \'Y1. -BC\ I u t- i \^.. Floyd H. Baturin, Esquire Date: March 2, 1994 - 6 - -::r en ,..,. . . ::c: 0- N ," c-J "" ...:; -.... .. < 0 ~~ .. ., .. z ti 0 " ~~ ~ .. ... " .. "" II: a: .. . :J .. ~ * . ... ~ III ~~~ 8la III !( Z .... ... 0 <C .. .. .... 't:l !:! lD z ~ " 0- .... We: 0 ~~.. 0- .... UQl ... U > t .... Ze: ......... ~ ...~ ... III ~~ 6;~ 0 III Z Iii i~~ ..... ~ Z J: Z Z .... W ... > en ~ ~ ii: .. o.. 0 .... a: J: U W :J 0 c5 o.. ~ !( z a: ... U ..... .... ffi . "" " :;) oJ Cl 0 III I lD aI ... ~W...:l N I > ..... " III .. ...:l a: c. :z:~~ . ~ a: .g <C .....UU J: . . "'."'1..9, .") 101;., ....~tH~".. .... ;ot.H~ Ol'IIWOJ 03'~ '!yO)1 In... 1'" .. - COURT OF COMMON PLEAS CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 207 Civil 1994 MAUREEN KARLSON. v. CIVIL ACTION - LAW APPLIANCE SERVICE CO., Defendant. REPLY TO NEW MA~~~B AND NOW, comes the Plaintiff, Maureen Karlson, and makes the follOWing Reply to New Matter filed by Defendant Appliance Service Co. 21. Admitted. 22. Admitted in part and denied in part. It is admitted that as of June 1, 1993, P1aintiff's appliance was no longer covered by the 6-month guarantee on parts, labor and service. It is denied that Defendant was under no contractual obligation to the Plaintiff when the latter telephoned the Defendant informing the Defendant that the appliance was not working properly during her telephone conversation on June 1, 1993. The Plaintiff telephoned the Defendant to request service, knowing that said service would not be covered by the 6-month guarantee, and the Defendant agreed to provide service in a timely manner. 23. Admitted in part and denied in part. It is admitted that on June 4, 1993, the Defendant replaced the appliance with another refrigerator/freezer and made 110 additional charge for the replaced appliance or the delivery, but made a $50.00 charge for a 6-month guarantee on parts, labor and service. It is denied that the Defendant provided service to either appliance on June 4, 1993, or that the Defendant replaced the appliance simply as a gesture of good will and to accommodate the Plaintiff. The Defendant admittedly replaced the appliance purchased on November 2, 1992, stating that it should have never left the Defendant's business wi th a "hot start". 24. Admitted in part and denied in part. It is admitted that approximately 5 1/2 months later Plaintiff reported a malfunction to the Defendant. It is denied that Plaintiff demanded a refund of her money or that she did not permit the Defendant to have its service representative inspect the appliance and correct the problem. 25. Denied. To the best of Plaintiff's knowledge, information, belief, Defendant made no attempt(s) to arrange for an on-site inspection and service, by telephone, correspondence, or visits to her home. By way of further response, Plaintiff further denies that she prohibited Defendant's representative from servicing the appliance. 26. Denied. Direct and consequential damages were brought about by Defendant's failure to provide service in a timely manner. 27. Denied. 28. Denied. WHEREFORE, Plaintiff Karlson respectfully requests that judgment be entered in her favor and against the Defendant Appliance Service Co. (}/l~ h4/ M REEN KARLSON - 2 - v~r AmJWll~ Commonwealth of Pennsylvania County of Cumberland MAUREEN KARLSON, being duly sworn according to law, deposes and says that she is the Plaintiff in this action and that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information, and belief. {t$.!/ ~vi/~ ureen Karlson Sworn to and subscribed before me this 22nd day of _!'T_~_r_~h 1994. C- NoIIt\lIISeaI RlIbIlocaA. CIIIIc. ~ NlIa ~1laro.ClmlnndClU1ly My Convrisolon EllpireIl Fell. 3. 1996 ;-. "..~..!JJIiiiIn.'~j . . ~ E R T I ~I C A T ION And now, this ~-~ day of March, 1994, I certify that a copy of the enclosed Reply to New Matter was served by first class mail, postage prepaid, addressed as follows: Appliance Service Co. 99 Front Street West Fairview, PA 17025 Floyd M. Baturin, Esquire BATURIN & BATURIN 717 North Second Street Harrisburg, PA 17102 /iU<<'~Zt/Vl4 -' ~tireen Karlson ,,;,:; . ~'~.Jo .;:>. rs ;; E ~ ~.. ...'- &&I~Z "a.:.')'" _~o~ lI..OUoq, ~~Q> , oZ~J I "~ ..t>- '(;'l.~:J~ . t.tJI4.~ 4: ..._ -:.\.J04J _:.s.,:o. ,-'" 0'-' - ~ ... ~ IN....' (H I KI~ BATURIN 8 BATURIN 717 NOH-Tll ~I U.)Nn \TH.I.f.T HARRISBURO, PENNSYLVANIA 17102,3202 February 2, 1994 T[Lf"IIONC (717) 0!...4.;'~.1;~.1 f^C'sIMllE (717) 234./U.14 Lawrence E. Welker, Prothonotary Prothonotary Office CUHBERLAND COUNTY COURT HOUSE One Courthouse Square Carlisle. PA 17013 RE: Lee Harner tla Appliance Service Co.. Appellant Maureen Karlson. Appellee No. 207 Civil 19901 (Notice of Appeal) Dear Hr. Welker: Please find enclosed herein the Certified Mailing-Return Receipt Card(s) addressed to District Justice Hanlove, with the date of delivery being January 25. 19901. and to Maureen Karlson. with date of delivery being January 26, 1994. which cards are to be filed in connection with the Proof of Service of Notice of Appeal filed with your office on January 25. 1994. regarding the above- captioned matter. If you have any questions regarding the above. please contact our office. Respectfully, BATURIN , BATURIN ~/ ~D... . ByU\1 )cXcJ~ Floyd M. Baturin lah Enc1 OEures cc: Client -. No.207 CIVIL 1994 ~i"'-"'~" t. . -. com,Ittt ~tmI 1 lind/or 2 forldditional ..v6c... ..~itIftll3.and....b. I . P,ln, your name and Iddr... on thllllv".. 01 tN. form '0 Ih,. we can at filum IhiI ~lfd to you. !. . : AtI.eh tN. 'Qfm to the front of the m.ilpteet, or on the b.ck " .pICt ~ do.. not PtnM, I . - Wd1a "nltu," RUllp, Requested" on the m."pIecI below 1M .rtlca. number 2. 0 Restricted Delivery ti . The R.tum AetelpI wID show to whom lhe .nk" WI. dellvttld.oo the dltl I 1 8' d.Uvtltd. Consult ostmlltor or Ie. . 'V 3. Artlcl. Add.....d to: ~.. Artlcl. Numb.r l!l P 125 163 922 f . b. S.rvlc. Type 8 Maureen Karlson 0 R.gl.t.r.d Oln.ur.d !!! 709 Owl Court ~ C.rtlll.d 0 COD ~ chanicsburg PA 17055 0 Expr... M.II 0 R.tur~ R.c.lptlor Q 7. Det. 01 D.llv.ry ~ 6- I 5. Slgnetur. IAddr.....1 ~ a: 6. Slgna.tur. (AgonU & ,;- PS Form I 11.0 wl.h to rlCIlvl Ih. following ..rvlc.1 (for .n ..Ira '..1: 1. 0 Addr....... Addr... 8. ..; ';' rr 15' ..' il ..., Only II r.qu.atad J ! . DlClmber 1991 .u.a.OPO:III2 ma DOMESTIC RETURN RECEIPT .... ; t . Compe.'e ttwnt 1 Md/of 2 'or ~tlon.. ",wk... !l . - CompIetalttml 3. Jnd 4. II b. C .' P,'nl your name .00 .dd,... on thl 'IVllf.. of thl. form to thlt w. cln ~ filum ,hi. ca,d to you. e . Anaeh tN. form to Ihe ',ont of I~ m.llpieee, 01' on Ihe b.ck if Ip.C' doe, not pe,mlt. ! . Write "R.tufn Receipt Requested" on themailpl.c.btlow the ."Jete numbe,. . The A.tum Receipt will .how 10 whom 1'" .Mlele w.. d.liYiUld.nd the d.te a deU....rtd. i 3. Artlcl. Addr...od to: i 6 In ~ a: Q C c( I 5. Slgnatura IAddr.....1 ~ a: 8. 1I o I al.o wl.h to r.c.lvl Ih. following ,.rvlc.. 1I0r an Ixtra f..I: 1. 0 Addro....., Addre.. Robert V Manlove District Justice 1507 Market Street Camp Hill PA 17011 .f ~: .. (I) .e.: 8: ... a:, e: a ... a:: ..' .;: !I ~: ..., :Ji o >-~ Addre..oe'a Addr... IOnly If r.qu..tad... ' and I.. I. paid) c ~; 2. 0 R..trlct.d O.Uv.ry Consult ostmaster for fee. 4a. Artlcr. Numb.r P 125 163 971 4b. Sarvic. Typ. o Regl.t.red ll' Cortlfl.d '0 Expr... M.II 7. te of 011 o In.urad o COD o R.turn R.celpt lor rchendlso rv i.!l *u.a.opo:,... ....... DOMESTIC RETURN RECEIPT j I J. ......, ,lU- ..... \oJ .I.::,:-'a.. t..... '" <0...., o -::r ~ "+;0. - ,.') ;or ('-J ~ .... '-- -- , PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) ro 'mE PIOl'HOl'OI'ARY OF CUMBERlAND COUNI"i Please list the following case: (Check one) for JURY trial at the next term of civil court. x for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption llUst be stated in full) (check one) (X ) Civil Action - Law MAUREEN KARlSClI Appeal from Arbitration ) (other) ( Plaintiff) vs. APPLIANCE SERVICE CO. The trial list will be called on 08-09-94 and Trials commence on 09-06-94 (Defendant) Pretrials will be held on 08-17-94 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 2l4.l.) No. 207 Civil Action - Law 19 94 Indicate the attomey who will try case for the party who files this praecipe: Plaintiff is Pro Se. Indicate trial counsel for other parties if known: Floyd M. Baturin, Esquire tllU'UItil'l be MWItil'l 717 North Second Street This case is ready for trial. Harrisburg, PA ,;1 b- Signed: ~'tUL--Aa'l/a Print Narre: l-Iaureen Karlson Attomey for: Pro Se ....... 17102 Date: /.0.;/f</ " " ~."..:...,.. .-' < -::r en ,- - - or - , ., - '. " N ., f~ >. ,., , :"'., . ~..'l ._._.~.,,".",---. And now, this CERTIFICATION -t/J- I~ day of May, 1994. I certify that a copy of the enclosed Praecipe for Listing Case for Trial was served by first class mail, postage prepaid, addressed as follows: Appliance Service Co, 99 Front Street West Fairview, PA 17025 Floyd M. Baturin, Esquire BATURIN & BATURIN 717 North Second Street Harrisburg, PA 17102 {/r-/dA.& Ma reen Karlson L.~ G..... ~: ~.(L. "I ~.;i~. -~ ,,.-. ,~ ":>'" en - :r.: N '" ~ . ~ .": .- r-> , 1 ~ ,-- - ., :>.: .. . :AL ftt Of IIENNSVLVANIA COUflT OF COMMON I'LEAS Ctl!-.filJ:HI.Nlfl ({ll NI'Y L~th_:~~CI~:OISlflICT r-IW~' NOTICE OF APPEAL DISTRICT ,IUSTlCE JUDGMENT COMMON !'LEAS Nu. 20'/ Civi 1. 1994 --------. .--------..--------.--------- NDTICE OF APPEAL Nutlce IS !)i\lCll (hat tlw ilppcll,JIlt h.I'> llh~d III tilt! .ltHI\H~ COlllt 01 Coltlmun PI!).I') .111 '::IPIW;ll hUIll ttlll jlH1ul1lent rendefl!d hy the District Justice 01\ tlw dilte ,111(1111 IllI! Ci.lse lllel1(iellWd lmln\\'. .'.i,~~'i'~;~,~;-~/.~-~~~;:;~;;';l1~ICP. C~,~ - .. _u _____n -n---IB;!f'~n~~)()~t'.V~'~iiinlove -;Uuifi"ii""O;'-...K.I,.~;;-N'-- ----------- --- -- ---. --("_1-'.;------- -- ",.,. ZI. COD. 'If) Front. Street Nest Pairvicw PA 1707.S D.iii"i~~~:.~----- r'.&C...a.~!.~l';;ecn-~r:I~~~ _ _'-_ ____ __~~~__^PPL~IIJ;cc Service cci. ~"j... "0 ()3 C1000561 J.lao....'U..., O. ....1.1....., U" 04,. ..."0...."'.. U" .1I.."', TAI9 tT 19 _ '__.~_~../ L /!' { .__r___ fillS tJlock \'Jill be slUlled ONLY when thl'" Il0tlltiOll I'> Il'ljullt!d under Pd, 11.C.I'.J.P. No, 10088. TIllS Notice 01 Appeill, when leccl\lcd hy the D.strict Justice. wdl opel<ltc as ,I SUPERSEDEAS to thc judUlllcnt lor Ilm"(~""lnrl in tills cast.!, I. I I i I /I .1fJpell,mt was Claimant (sl.'e Pa. /l.c.P.J.P. No. 1001(6) in action lJefom District Justicr.', hL' MUST FILE A COMPLAINT Willlill IW''''lV 1201 rI"y, afeer filillg IIi. NOTICE of APPEAL. SHIll,,,.,,,! of PfOtltrmut.,fY or Ol'pury PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (TIlls Sl'Ct;,)tI ul farm ta he lIsed ONL Y w/ll.'n ,1fJpcllant was DEFENDAN r (Sl'L' P.l. R.C,P.J.P. No. 1001(1) in iJCtion IJefore District Justice. IF NOT USED, c/f,'tach from COllY of notice of ,lp/leal to bl! servecl upon ap:Jt'IIt.'t.!J. PRAECIPE: To Prothonotary Entl~' rule upon ~lllureen Karlson , i1ppcllcels). to file a cornplamt in this ilppeal N.mw uf J/'pp.1flJdsJ ICOllllllon Plt'II" No. 207 Civil. ]..;.9~ ''-':--~''~~. '~ ~!.'l11reen Karl~~n: within twelHY (201 days aftl!f service of rule Of suffer entry of judgment of nOIl piUS. -/. ~ <-'.._ .V~' ,r! l. . _..~ -~-.j S'9f1oJturc of JPpcll.mt or Itls .,trOtrlt.'Y Uf .'qt.'tlt RULE: To , appcllnc(sl Nomlt.' of J,'pelll~"'sJ , I (11 You ,IIC notified that a ,ulu is hurclJV cntclcd upon'.you to filu a complilint III this ;:Ippeal within twenty (20) days after the datu of ; . _' ", I' _, . , servicc of th.s IUle upon you by pcr~onal ,setvi.cc or ,by ,cc~!ificil or registered mail. i: I P (21 If yoo ,10 nnt frle ~ comlllaint within this lime. a JUDGMENT Or- NON PROS WI tt BE ENTERED AGAINST YOU, (3) The (l.:Itc of serVice of this rule if scr\llce was by I11ml is the date of mailln!l. Date: Jiilluary I'l" 19 94 ~ / . !; I ,,'k . l,. ~" 1_.. ,.;/. ..... y' .}jeJ"'" . ~ \.:;~~..~~ . ~~;- _ _~;qn.~tu~f';DI 'to'~o.IfJ'.;ry or Dt.'{wry · i ~ ,_-.I.. AOPC 312 84 - PHOOF OF SERVICE OF NOTICE OF APPEAL AND flULE TO FILE COMPLAINT ! l ;/', i" .1,1' ,,' SL'f\ ,"p /~n,~~'T Hi: Fir LU :1-1 J fiiN f'lV! rLI )";'1 r ri" Ii rfill';: I:.'~' f'O!.'1 i.' /Jf'/l/il..!! C!Jf'('k ,jo"fll.'.I!,/p {JO>f,':.! COr,lMOM','! /I.L TIi Of l'INN$l'LVANIA COUNTY Of.. J.!g~phj.n_____.___________,.__.~" AFFIDAVIT: I J11'1 !:II'I \\"P,Ji ;.' .ll',qn th.l! I ',,'1,,"~ ~_... ,x ,J I ;tOy' l1f Ib, hJ1\' ,,-,. nl ,\pp,> ,,'."" 0/ s"" iel'} January 24 (:"!l1f'lf"~ PI,,:, r'll' ?97 Ci_vilIJ19~4,; f);q,:!'t Jilstlc:t. dl"'lllldli.tJ Ihl'Il'll1l'l1 ,~! 94 11'; Ih".,',~,,: ;"!,-,,('P X iiy k,qtd!l,d\ In'l!l',tr-,,'d~ m,ld, ~pndt'I", "',p: .il\,).I1>-,j h"!"h":-,,IIJ:",: P" ;p; .lalluary 24 l'i 9.4 Maureen Karlson x !I I. ,1,1. 'f,jl Il' ,.J ;cnd';I\ ll'u:.pl dl!.tt.lHld hf:"!ll! otl ;'i.i'.-"'! ,f' . X "I,d 1.1 ~:" !i!.l: I ;."[ >to',! t!i" H'j;. I" ; ',',i",1/i ",,' i~lIi, ..1. ,idd 'f ,'I January 24 111,);1, '.>\':ld"1 \ !,....C\.,pl d11t!;~IH'd lie,du 1',' t~lj :h,. ,dlPVi NOI;(Y pi i\IlI'!;i! 'ljHlll Ill! <IPllt-t!I'I:hl f{, :q94 !'",' lJ' ".,;'1,,' 'Y'c,!'" 'X bv {Ci'I1rl:pd\lri'IIl',tPlcd:i ~;~~~:;~);~:E5fJ!' \\11~~11 S,.",,,,. ""~,"" ""'~'If' :'. '.......1 i,~,~~u_.,..~- 0'\ - d-\.u.I,f\'l_ t<_-'" I r S";flllllt'- <i~ ,/III,mr " ~ " I," i'"I1)" ,'\, 'jl"" NOTARIAL SEAL ANTOINETTE F. HOR~lE, NOTARY PUBLIC Harrll~urt. Dauphin County My Commllllon E.pires April 1:4, 1997 r-..... >-. "" ..'.., ::>:; ~... LQ ..c.. P 125 163 'In ......... Receipt for ~ Certified Mall __ No Insuranco Coverage ProvIded .::::.-.:.=n Do not use tor In1omationol Mail IScc Reverset SenT I.. Robert V Manlove "'Distl'ict Justice I' 'C"iii1'1 ' PA P 125 163 '122 ........ Receipt for ~ Certified Mall __ No Insurance Coverago Providod ':'-::Ll\r:::.~ 00 1101 usu for Inlcrnational Mail 15eo RcvmsoJ ',w..' '.' ",,' Maureen Karlson '709 Owl Court !/:i -hanic-sb 55 f'OSI.I\.l" 17011 $ .29 1.00 .",' ,;. ,"'.1.'1'" .29 1.00 C...t,I~',l i .'t' ',4 , Sl.>"'(~l' Ud....., I.,," ;!,..!." . ."',/'.- ffu\l'~h.,j D....'...... f....' 2.29. '/ , ",--:. / en fh'III",lh~,"'I't 5"""""'1 ~ Il) WI,u'" '" 1l..ct:.Q~:'~'~'''' II ff"l\.lU' ~.~fI:sr""''''J?orl 'o'or 5 0..1 _,1,,",' , .~ A.M'_~' .., m '.. .... . ,,~ ;i,',!>;;:',~':l.,._, ..1.00 1.00 III H.,!,.." I'. "'II!:,""'" 5 t','" -,' !^1.!'> .., 'ott..I'''''.q.. o '.f..,. o co '" E <; "- VI "- $ c:i o co '" E o "- Ie \ ~ I 2.29 f'r,c,lr"l" I,' P.lli' \\ 01/24/9'4.2, ..:-~--'- "::r en .. >-- .t" ..: ,.... .....j ~.. ,.-t ~_ l ._ ,_ _" =E ..... .... ~ ~:, .. : ;..-. ~..,-, '" 2: ..::; .-..; :,oot: u ! d. .> ~.... j I NOTICE OF APPEAL COMMONWEAL TH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNl'Y 9th JUOICIAL OISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, 207 Civil 1994 NOTICE OF APPEAL Notice is given that ihu aplJcllant has tiled in the above COllr. of Common Phws ill1 appcill frum the judgment rendered by the District Justice on the date and in the case mentioned helow. ADO"'." or a~".LL""T CITY ,." coDa H...... 0,.. """-."'I.ANT Lee Hamer tin APPLIANCB SERVICB co. 99 Front Sfteet ' D~;i;'~i~~.' I'" ,.. e... D' ~~'reen West Fnirview PA 17025 /,.'.",,,.,. Karlson y.. Appliance Service CO. IION"TU". 0" ",,'...."""T 0" HII AYTO,","'." 0.. AOCNT C.....I... "0. TA 10 93 LT 19 This block will be signed ON L Y when this notation IS required un cr Pa. R.C.P.J.P. No. 1008B. This Notice of Allpt~al. when rcceived hy the District Justice, will opcra1l! as a SUPERSEDEAS to the judYl11l!l1t for pos5l!ssion in this case. 0000561 /~ -.-- If a""e/lalll was Claimant (see Pa. R.C.P.J.P. No, 1001lGJ in action before District Justice, fie MUST FILE A COMPLAINT Wit"'" twentv 1201 elavs after filillgllis NOTICE of APPEAL. SlgllJrUrL' 01 P,othollolilrv Of Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Tllis sectioll of form to be useel ONL V whell a""ell.nt was DEFENDAN r (see Pa. R.C.P.J.P. No, 100/111 ill actioll before Districr Justice, IF NOT USED, tlt!tiJch 'rom copy of notice of apfJf.1al to be servec! upon .1p'JL'/IefJJ. PRAECIPE: To Pruthonotary Enter rule upon Maureen Karlson Name of appellee(sJ . appelleel.l. to file a complaint in this appeal ICommon Pie.. No. 207 Civil 1994 within twenty (201 days after service of rule or suffer entry 0' judgment of non pros. RULE: To Maureen Karlson ~ 7~~ ~ Signature of appellant or his attornoy or agent Name of dppellefJ(S/ . apr}elleels) (11 Vou arc 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 0' this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint withinthi. 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: Januanr 19.,19 94. ~~ K #/::;,ure91C:1..y or Deputy AOPC 312.84 I " . . ','" (P:lldj',dl"1) \In'I'lld1) I.q ~_.l ,Ul\:,l~ JI'wl..l<.d ,\q [J '-----Ol ,- III \\l:1:1ii;,c!lP' ..q: u{)(11l jI',l{hIV In :):JlIflN iMOqt';Htl fiUlAlll'chtlfl:lJl' IUf'/Ur;O ;,,,III'utj,s '--61' -----uo '5i1J/t1)(illlO~'5!ioIWUJO:J A~ I"P.'IJDJO"/l'l ;IP"'U fI'," ,'M'plU" /u(JI/~' ,'ln~:Jl1II"_"JfU"IO ,<JIIH'lI[1,S _n-6l '-.. ~O ^'IIO SIHl ll~ JUOnS O,lUIH:JSSnSON'II I03~UI JJ\1) NHOMS nt,ll,-ill IJ:llj1I'111' HII,11;l' S,I;lPtI:l'i '1!r.UJ --" un P;,<'<,:IlPPI' wr.~ ;'1nU iHllllJOll^" ltl;I'iclllH1] I- "P;i 01 ;o1"U ;)\/t l1a,"1,15 I II!lIl J,llllJl1J plJ1~ "] , 'OI,1';'q p:H1'l" 11" Idl,n,)J ." ':IPllol<; '\II'lll I P,lld!,>,l!'.!) I p,ll! i)I<';)) },q lit I ----- - ,<!~",j,l'. 1"IIt'~),J(1 ""ll 1 ,-----, Gl '- (iJJi.l.!lI) ';";lj,II.\.:'" .lljllJolln IHI'.' 'clj;II"lIIMljJl'lIP Idli1:J,1l ",I,I"ll.j~ '11'~UIII','J,IU.lh;Jit lP;UpIJit:I) At! f 1 ,J:}I^M\ l"IlUS/.ld ^q i ! Ill! tll;'ldLjl P,'ll'llh:'iuP O/:lll'i:nr 1.1iH'iIO illp lIulln .--.-----.-.ON ~t'oJld "61 '---~ ~---.-.---.. -.-(0'M.J1)5 JO tlU'P) 1I0IUlUO~ 'p~iJ(hIV )0 "'~ll{)N tlqJ to Alto:) l~ p'!,\101\ Ilnll UJJllP' 10 1t',IMo; ACJ:lI"'11 :J.I^,fOI:l:l'l1 ,..: ~o AlNn03 "'N"^HSNN3d ~O H!1"lMNOIWm3 !\.noC{ ,'llll"!.'/(Jtll' .y_',H/;) P'/hldl.' JO ,i ',/lOti 0I1lJ lilllf.IJ U3J.JV S,,{ VO i!l) .'lil/j NIfIlI:1'! 0.17/:/ :lEI ,lSnW RUM""S)O Jooj(J S/ll1) J.NI'I11dWO::> 311:1 01 31m.! ON'I1 1'113dd'l1 :10 3::>110N :10 3::>IM.13S :10 :lOOl:ld .",.. en :r~ :~ ,r. U.' ,. ~."'I..t ':. ;r.;~~~ ,. ,", . - ..... ~ . -...1 ~ r- ~ <=> CM :r. ... --, r' _..n _ .._.. ~.._~ ~ .J ~ ~ 'f) \r. ~'1 ~ ~ ~. ~ "' ~ . 13' ~~ , t- ~ f) 1l ~~ 1 ~ r- ~ ~ ~\) ....~ ;f~ ,..... - " " COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENTfTRANSCRIPT 09-1-02 PLAINTIFF: NAME... ADDRESS ~RLSON, MAUREEN 709 OWL COURT MECHANICSBURG, PA 17055 L .., llaQ Dlot No, W Name: Hon Robert V. MANLOVE ........, 1507 Market Street Camp Hill, PA ...J T_ (717) 761-0583 17011-0000 DEFENDANT: ~PPLIANCE SERVICE"'~ 99 FRONT STREET WEST FAIRVIEW, PA 17025 L VS. .., ...J MAUREEN KARLSON 709 OWL COURT MECHANICSBURG, PA 17055 Docket No.: CV-000056l-93 Date Flied: 11/12/93 THIS IS TO NOTIFY YOU THAT: ~ Judgment was entered for: (Name) KARLSON . MAUREEN ~ Judgment was entered against: (Name) APPLIANCE SERVICE CO. in the amount 01 $ 355.68 on: (Date) 12/28/93 D Damages will be sssassed on: (Date & Time) TOTAL $300.00 $55.68 $.00 $.00 $355.68 D This case dismissed wnh prejudice. D This case dismissed without prejudice, D Possession granted. D Possession granted If money judgment Is not satisfied wnhln thirty days. o Possession not granted. D Levy is stayed lor days or D generally stayed. o Objection to levy has been filed and hearing will be held: Date: Place: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Time: 'U Date My commission expires Ilrst Monday 01 Janua~, 19 1!:r DAYS OF THE DATE OF JUDGMENT BY FlUNG A NOTICE F THE COURT OF COMMON PLEAS, CIVIL DIVISION, , District Justice ANY PARTY HAS THE RIG O~Af..P1'~ :ITH THE PR ~Date I certify at this is a true n 01 the proceedings containing the Judgment. . District Justice SEAL AOPC 315-93 ~~;(:;'i. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLJ\ND CIVIL COMPLAINT PlJIlN IIFF NAME and AllOAEllS r MIIURJ::lm KAIU,SON 709 O\~r, COUR'l' Hl,CIIIINICSLlURJ, I'll 17055 L (11) (,')7-4149 (W) 7(,1-2633 EXT.syS~ OEFENOANT: r "1 "'~ f",1 No; -I 09-l-02 ()J'lame It un Robert V. MANLOVE Add,... l507 Market street Camp Hill, PA 1........... (717) 761-0583 17011-0000 _I NAME and AOOnESB 1I1'I'l,IIINCE S~~RVICE CO. 99 FHON'I' S'I'llliE'I' L WI::S'l' 1"IIIlIVWW, I'll 17025 Docket No.: CV-OOOO -93 Date Flied: 11/12/93 _I FILING COSTS $ SERVING COSTS $ TOTAL $ AMOUNT 41.50 14. lLl DATE PAID 11/12/93 11/12/93 / / TO THE DEFENDANT: The above named plalnliff(s) asks judgment against you for $ 809. 70 together with coSIS upon tho following claim (Civil fines must Include cilatlon of the statute or ordinance violated) : LlOUlm'l' l'IIUUl'Y REFRIGERII'I'OR - WIIIl'I' COS'l' lIND DlIMIIGES: COST OF PRODUCT - $259.70 LOSS OF FOOD - $350.00 GREIF & IIGGRIVlITION - $200.00 LlOUGII'l' ORIGINlIL lIPPI.IlINCl, NOVE~lLllm 92 - lIPPLIJII1CB IlllD TO DE HBPI.lICED - I.oS'I' $200.00 WOR'l'II OF FOOD PRODUCTS - JUNE" COHPlINY lillPI.lICED lIPPLII\NCE - lIPPLIlINCE LlROKE 11/11/93 - LOS'l' $150.00 FOOD. I'IlODUC'I'. llBQUES'I'BU COMl'lINY 'l'lIKE lIPPLIlINCE BliCK lIND REFUND ~~NEY_- COHPlINY REFUSED. I, HlIUREBN YJ\HLSON verify thaI the facts set forth In this complaint are true and correcllu the besl 01 my knowledY9, Inlormatlon, and belief. This slalement Is m:tde sul)ject to the penaltlnG 01 Section 4904 oltha Crimes Code (18 PA. S.C.A. S4904) related to unsworn falsillcatlon to aU1horltles. dL, ~~- . (SlgnDlulo 01 10 nlill ilrAuthorlzDd AgDn!) Plnlnli"'. ^Uofm~y: Add,o..: Tolophollo: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against tile plaintiff which Is wllhln districtlustlce jurisdiction and which you Intend lu assert atlhe hearing, you must file II on a complalnl form at this olllce alleast five (5) days belore tll') date SOl for the hoarlng, II you have a claim agalnslthe plalntilf which Is not within district justice jurisdiction, you lIIay request inlornmtion from this oui"!' as to the procedures you may follow. Aope 3OM,92 MAUREEN KARLSON, Plaintiff #17 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : CIVIL ACTION - LAW APPLIANCE SERVICE CO., Defendant . . : NO. 94-0207 CIVIL TERM ORDER OF COURT '. AND NOW, this 17th day of August, 1994, it is ordered that trial in this civil case on an appeal by defendant from a proceeding before a District Justice shall be before a judge in Courtroom No.2, Cumberland County courthouse, Carlisle, at ...:l..) .J,.. 8:45 a.m., Wednesday, Maureen Karlson, Pro se Plaintiff Floyd M. Baturin, Esquire For Defendant :prs -:r D") - >- "'.... -'- ,...:; .- U:\. "1 ~;;r;"-'i:.' ..::~'::"' --, "::C'~ - .,'~ '. ......: .,Jl'';~:; . ,:~~... ..... ~l. :;' t~...., =-= ...., -< "" (J) en ~ => ..". '. ~, ..."'" ,- ""'"""- -. MAUREEN KARLSON, PLAINTIFF V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW APPLIANCE SERVICE CO" DEFENDANT 94-0207 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of October, 1994, upon request of plaintiff, Maureen Karlson, and unopposed by counsel for defendant, the hearing scheduled for Wednesday, October 12, 1994, IS CONTINUED. The hearing Is rescheduled for Wednesday, October 19, 1994, at 9:30 a.m., in Courtroo.m Number Maureen Karlson, pro se Plaintiff . ,.,....;..u 10; 1t;J. /9 'i- -c.r~ .f iJ .".... ' Floyd M, Baturln, Esquire For Defendant / :saa -:r C7'> r> ..t:c.. " - ~.'- \~, ... ;'. " ,.., ,-1 -:r - - ..... u = J"."-'~'-"'~.~"-"" '.'''~''_;.lA~''''~ ~'t .. MAUREEN KARLSON. PLAINTIFF V, APPLIANCE SERVICE CO" DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 94-0207 CIVIL TERM VERDICT ~ AND NOW, this W day of October, 1994, I find in favor of defendant. ( / ('..~ ')ll~ lol".lq~ Jl"" Maureen Karlson, pro se Madelaine N. Baturin, Esquire For Defendant :saa Gel lG \ lG \\\ 1M ; ,l~( "~" !,ft,'" ,,' ," ....,"t MAUREEN KARLSON, PLAINTIFF V, APPUANCE SERVICE CO" DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-0207 CIVIL TERM MEMORANDUM OPINION AND VERDICT BAYLEY, J., October 20,1994:- This case was tried without a jury on October 19, 1994, Pursuant to Pa Rule of Civil Procedure 1038, this memorandum is filed in support of the within verdict, On November 2, 1992, plaintiff, Maureen Karlson, purchased from defendant, Appliance Service Company, a reconditioned refrigerator/freezer for $240 plus tax, Lee E. Horner owns and has operated Appliance Service Company for thirty-five years, Defendant provided a written six-month guarantee on parts, labor and service for the unit plaintiff purchased. On June 1, 1993, after the expiration of the six-month guarantee, the compressor on the refrigerator went out. Plaintiff lost some food as a result of the breakdown, Defendant replaced the refrigerator/freezer with another reconditioned refrlgerator/freezer without cost to plaintiff, although the company would not reimburse her for the value of the food plaintiff estimated she lost. On June 4, plaintiff purchased from defendant for $50 a six-month guarantee on parts, labor and service for the replacement refrigerator/freezer. On November 11, 1993, within the period of the six-month written guarantee on the replacement refrigerator/freezer, plaintiff called defendant to report that the 1, Brian Horner testified that when a refrigerator/freezer breaks down, depending on how much food is inside, the food will spoil after about twenty-four to thirty-six hours, 94-0207 CIVIL TERM replacement unit was not operating properly, Plaintiff testified that when she talked to representatives of defendant by telephone, she asked them for her original money back plus payment for lost food, Q[ that they repair her refrlgerator/freezer, A service technician, Brian Horner, the son of the owner of Appliance Service Company, who returned plaintiff's telephone call the day she called, testified that plaintiff told him, (1) that the replacement unit was not working, (2) that she wanted the money she paid for the original unit back along with money for lost food, and (3) that if defendant did not pay her she was going to file a suit before a District Justice, Horner testified that he told plaintiff that the company would not refund her the original purchase price or pay for any lost food, but that it would immediately repair or replace the refrigerator/freezer under Its written guarantee,1 Horner testified that plaintiff refused his offer of service and told him that he could not come to her home. Therefore, Horner did not make a service call. The next day, November 12, plaintiff filed suit before a District Justice seeking $259,70 for costs of product, $350 for loss of food, and $200 for grief and aggravation. Plaintiff testified that she discarded the refrigerator/freezer and paid $85 for the destruction of the freon, She acknowledged that she never offered defendant an opportunity to retrieve the unit. There is no basis for plaintiff to secure recovery for any lost food. Under the six-month guarantee that was In effect on November 11 when the replacement -2- 94-0207 CIVIL TERM refrlgerator/freezer broke down, defendant was obligated to provide all parts, labor and service to repair the unit or replace It If It could not be repaired. Having replaced, without cost to plaintiff, the original unit that developed problems after the original guarantee expired, It Is incredulous to believe that defendant would not have honored Its written guarantee, for which plaintiff paid $50, If allowed to by plaintiff, We believe Brian Horner told plaintiff that his company would honor Its written guarantee, and that plaintiff, because she was understandably very upset about the breakdown of her second unit, unwisely chose to reject that service when told by Horner that defendant would not return the original purchase price of the refrigerator/freezer or pay for any lost food, and that plaintiff then instituted suit the next day, Plaintiff has since discarded the refrigerator/freezer without ever Offering It back to defendant who otherwise could have repaired It or reconditioned the unit. Plaintiff had a remedy which she rejected, She is not entitled to the damages she now seeks, On these facts and findings, the following verdict is entered, VERDICT AND NOW, this /}..O~ day of October, 1994, I findJQ favor f defendant. \ By the Court / (\ , -3- 94-0207 CIVIL TERM Maureen Karlson, pro se Madelaine N. Baturin, Esquire For Defendant :saa -4-