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Home My WebLink About96-01221 1; ~ ~ '~ ~ ~ '1 i . ~ f , ,"" " '\ ,/' J J MOTION TO POSTPONE TO THE PROTHONOTARY OF CUMBERI.AND COUNTY: (aI'J ,....+r:.u) I res/lC'=lfully requesl a poslponement of Ihe trial"for lhe following ea.'iC scheduled for lrial March 4, 19911. I will he oUl of slale from Fehuary 24, IWll lhrough March I. 19911, and lhus unavailahle for lhe prelrials scheduled Fehruary 25, (Wll, due 10 a previous commilmenl. Gregory J. PJaller, lIdlh/a HCR Music & Sound, Plainliff n ~ ~ " O~ -.., -,j ......,.. 1'\ ,I., ::J V. fl, ",:.J :,\:;; '1, (." -.J ' , " Duvid Drain, l/dth/u ...,., ': ~l\ Templeton Fine W'KKlwork, " -- ; (" ~) ..;rn L..:,', Defend anI -. ") 0 ~ ~ Lisa M. Whisller, Esquire For [)cfendanl Oale: Fehruary I tJ, I 'Nil ~ j f' C') . ,~" ~ ; L, ,": '~ i'l'i ~(,:') 'Ii ~ fi' ..: \' , S~. ",,: " f, ':' !!;) L...' 'v) ~/L}~~ ~h . iP ~ g "" ~~~~ ~g~ ~iJ ~s~ ~~l>< ~~21 ~!~ ~~ ~: ~!~~ Dg ~ d ~ ~ ~ ~ ~ "'l ~ ~ ~~ J ~ ~ a.; :S 'Ii ~ III ~ ~ ~ , ~ u oj ~ ~ I ~ < g ~ I ~ :l ~ ~ (I) i j I . GREGORY J. PLATZER t/d/b/a BCR MUSIC & SOUND, Plaintiff, IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VB. I I I CIVIL ACTION . LAN I I NO. q{.'/J.2/ CIVIL TBRM 1996 I I DAVID DRAIN t/d/b/a TEMPLETON PINE NOODNORK, Defendant. COMPLAINT AND NON, comes Gregory J. Platzer t/d/b/a BCR Music' Sound (herein referred to as "Plaintiff") by and through his attorneys, Gates' Associates, P.C., and makes the fOllowing complaint: 1. Plaintiff is an adult individual who owns and operates a sole proprietorship under the registered fictitious name BCR Music , Sound. 2. Plaintiff's business is located at 902 Market Street, Lemoyne, Cumberland County, pennsylvania 17043. 3. Plaintiff is engaged primarily in the sale, service and repair of new and used guitars and amplifiers. 4, David Drain (herein referred to as "Defendant") is an adult individual who offers woodworking services to the public under the name Templeton Fine Woodwork. 5. Defendant's business address is R.D. 113, Box 96, Newport, Perry County, pennsylvania 17074. 6. On or before January 25, 1995. Defendant offered to demonstrate his woodworking skills for Plaintiff in order to 2 develop a market for his work through Plaintiff's existing clientele. 7. On or about January 25. 1995, Defendant agreed to refinish Plaintiff's 1971 Les Paul guitar at no charge as a demonstration of his workmanship. 8. On or about January 25, 1995, Defendant took possession of Plaintiff's 1971 Les Paul guitar (in a Gibson hardshell case) for the purpose of performing the agreed-upon work. 9, Defendant subsequently returned the 1971 Les Paul guitar to Plaintiff. but th6 refinishing which Defendant had performed became defective, and Defendant once again took possession of the guitar in order to perform refinishing work at no charge as a demonstration of his workmanship. 10. Defendant remains in possession of Plaintiff's 1971 Les Paul guitar and Gibson hardshell case. 11. In the spring of 1995. Defendant took possession of Plaintiff's Gibson walnut guitar neck with ebony fingerboard for the purpose of attaching the neck to a custom guitar body that Defendant agreed to build at no charge as a demonstration of his workmanship. 12. The guitar body that Defendant built did not meet the specifications which Defendant agreed to meet. 13. When Plaintiff refused to pay for Defendant's services in building the guitar body, Defendant refused to return the guitar neck to Plaintiff. 3 14. Defendant remains in possession of Plaintiff's Gibson walnut guitar neck with ebony fingerboard. 15. On or after August 7. 1995, Defendant took possession of various guitars owned by Plaintiff's clients and agreed to perform woodworking services on the items. 16. Defendant failed to perform the aqreed-upon services in a satisfactory and timely manner, and Defendant refused to return the items to plaintiff for several months. 17, On or after January 25. 1995. plaintiff advertised at his business location that he had located a woodworkinq specialist who could provide services to plaintiff's clients. COUN'l'~ CONVERSION 18. paraqraphs 1 throuqh 17 of this complaint are herein incorporated by reference. 19. Plaintiff's 1971 Les Paul guitar. which remains in Defendant's possession. is valued at approximately $1,000.00. 20. Plaintiff's Gibson walnut quitar neck with ebony fingerboard, which remains in Defendant's possession. is valued at approximately $750.00. 21. Upon demand by Plaintiff. Defendant has refused to return the 1971 Les Paul quitar. Gibson hardshell case and Gibson walnut quitar ne.::k with ebony finqerboard and has refused to permit Plaintiff to retrieve the items from Defendant's place of business. 4 WHEREFORB, Plaintiff respectfully requests that the Court enter judgment against Defendant in the amount of $1,750.00 plus punitive damages, attorneys' fees and court costs. COUN'l' II REPLEVIN 22. paragraphs 1 through 21 of this complaint are herein incorporated by reference. 23. Plaintiff is entitled to immediate possession of the 1971 Les Paul guitar, Gibson hardshell case and Gibson walnut guitar neck with ebony f.l.ngerboard all of which remain in Defendant's possession. WHEREFORE, plaintiff respectfully request that the court enter judgment against Defendant for immediate possession of the 1971 Les Paul guitar, Gibson hardshell case and Gibson walnut guitar neck with ebony fingerboard together with punitive damages, attorneys' fees and court costs. COUN'l' III DAMAGB TO BUSINESS RBPUTATION 24. paragraphS 1 through 23 of this complaint are herein incorporated by reference. 25. Defendant's negligence and willful conduct has damaged Plaintif f' s reputation wi thin the music equipment service industry. 26. Defendant's negligence and willful conduct has damaged Plaintiff's relationship with existing clients and has deterred 5 ID The Court of C_1l 'leal 01 C.A - CREGORY J. PLATZER t/d/b/a BCR MUS IC I. SOUND, Plaintiff v. DAVID DRAW t/d/b/a TEMPLETON FINE WOODWORK, Defendant } ) ) ) ) ) \ eu.blrllDd Coullt1, '1llIlIylvallia Jo. 96-1~~1 'CIVIl, TElUl 1,96 OATH Va do 10lsmal1 awllr (or affirm) that VI vi11 aupport, oblY IDd dlfllld tha CoueitutioD of thl ODited StaUI IIld tbl COlllt1cutioll of tbb CoaI:loa- vlaltb IIld that VI vill d1lcbarl' tbl dut II of OU offiCI vith f1dll1ty. I-:'J " I!' l."'l , .' Cl . Otto, ~oC3,v . Robert L. O'Brien. Esquire .1 rman C' I.", ." (Janiel ~OdUS. 1'..squlrc , ". AllAlD '" (-) r-- G~ VI, tbl UDdlrl1rald Irb1trltorl. blv1ng bleD duly appo1ntld aDd awOrD (or 'affirmed), mat. the follov1nl awlrd: (Nota: If damel" for dl1ay Ir. avardld. tbey lba11 be l.paraea11 Itat.d.) 1>). ~.;. ~ I. ~ ~\!l.. ~~ --,.....\ \: ~ '" -\.. U ,~ ~ ~.\l1.l. ~~~ ~~ ~~~~~"LL~~~. ~~-=-r~~~~"}).J ~Cl.NtQ.~ ~ ~ ~ A- ~ ~ro~ .\.1!> , ~ appl1cable. ) 311,\1,,1 I.\\z.:\ \~, 4\'1.:l. 1"\ 1 "bi"""~~. (1...'....." Ivo V. Otto. ~ ~,;.W~ ~h_alrman Ko~en~ - Dat. of BllriDg: Dat. of Avard: Dantel Sodus, EsquLre NOTICE OF ENTRY OF AWAlD Nov. the;l/If.. day of tlfJAi.,L , 19jL, at IM.s; d.,..H.. the abovl award vas Intered upon the docket and notice thereof given by mail to the part1.. or their attorney.. Arbitrators' compensation to be paid upon appeal: $ ~qO. 00 a(~~ t. lV~ I't!.' Prothonotary By: ,JJLd.;L d. )'y~ Deput)' ..... r-- I " 11' '-; , , , I, ( I l , I , . , . ~ ~~ l,) . ~ ...~ llo i .... . III ..... e i ~I ..... .... a ~ ,Q .... ~ ~ .~ ~ ~ g ~Q. ~ ... ..... III 2S I Q. ~~~~ ~I ..... e ,Q u: !Il ..... ~~ 'tl f ..... . I i~ 5 ~Ie~ "" ~~ . I ")u H !Il ~~ Q~ 5 I a sO: ~g , ~~ III ~ i ~ ui ;> , , GRIGORY J. PLATZIR t/d/b/a BOR MUSIC , SOUND, Plaintiff, I IN THI COURT OP COMMON PLEAS I CUMBERLAND COUNTY, PBNNSYLVANIA I I I CIVIL ACTION - LAW I I NO. 96-1221 CIVIL TERM I I VI. DAVID DRAIN t/d/b/a TIMPLETON PINE WOODWORK, Defendant. NOTICB You have been sued in court, If you wish to defend against the claim3 set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a jUdgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse, 4th Floor 1 Courthouse Square carlisle, PA 17013 (717) 240 - 6200 GRIGORY J. PLATZIR t/d/b/a BCR MUSIC , SOUND, plaintiff, I IN THB COURT or COMMON PLBAS I CUMBBRLAND COUN'l'Y, PBNNSn.VANIA I I I CIVIL ACTION - LAW I I NO. 96-1~~1 CIVIL TBRM I I VI. DAVID DRAIN t/d/b/a TBMPLBTON rIN! WOODWORK, Oaf endant. AMENDED COMPLAIN'!' AND NOW. comes Gregory J. Platzer t/d/b/a BCR Music k Sound (herein referred to as .plaintiff") by and through his attorneys. Gates k Associates. P.C,. and makes the following complaint: 1. Plaintiff is an adult individual who owns and operates a sole proprietorship under the registered fictitious name BCR Music k sound. 2. Plaintiff's business is located at 902 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff is engaged primarily in the sale, service and repair of new and used guitars and amplifiers. 4. David Drain (herein referred to as "Defendant") is an adult individual who offers woodworking services to the public under the name Templeton Fine woodwork. 5. Defendant's business address is R.D, 1t3, Box 96, Newport, Perry County. pennsylvania 17074. 6. On or before January 25. 1995. Defendant offered to demonstrate his woodworking skills for Plaintiff in order to develop a market for his work through Plaintiff's existing clientele. 7. On or about January 25. 1995, Defendant agreed to refinish Plaintiff IS 1971 Les Paul guitar at no charge as a demonstration of his workmanship. 8. On or about January 25, 1995. Defendant took possession of Plaintiff's 1971 Les Paul guitar (in a Gibson hardshell case) for the purpose of performing the agreed-upon work. 9. Defendant subsequently returned the 1971 Les Paul guitar to Plaintiff. but the refiniShing which Defendant had performed became defective. and Defendant once again took possession of the guitar in order to perform ref inishing work at no charge as a demonstration of his workmanship, 10. Defendant remains in possession of Plaintiff's 1971 Les Paul guitar and Gibson hardshell case. 11. In the spring of 1995. Defendant took possession of Plaintiff's Gibson walnut guitar neck with ebony fingerboard for the purpose of attaching the neck to a custom guitar body that Defendant agreed to build at no charge as a demonstration of hiB workmanship. 12. The guitar body that Defendant built did not meet the specifications which Defendant agreed to meet. 13. When Plaintiff refused to pay for Defendant I s services in building the guitar body, Defendant refused to return the guitar neck to Plaintiff, 2 14. Defendant remains in possess ion of plaintiff's Gibson walnut guitar neck with ebony fingerboard. 15. On or after August 7. 1995. Defendant took possession of various guitars owned by plaintiff's clients and agreed to perform woodworking services on the items. 16. Defendant failed to perform the agreed-upon services in a satisfactory and timely manner. and Defendant refused to return the items to Plaintiff for several monthS. 17. on or after January 25. 1995. per an agreement with Defendant. plaintiff advertised at his business location that he had located a woodworking specialist who could ~rovide services to plaintiff's clients. lB. Plaintiff and Defendant intended that the advertisement would generate additional business from plaintiff's existing clients and that it would attract new clients to plaintiff's 19. Due to Defendant'S failure to perform as agreed. Plaintiff had to turn away business from existing and "ew clients who requested woodworking services. business. COUN'l' I CONVERSION 20. paragraphs 1 through 19 of this complaint are herein incorporated by reference. 21. plaintiff's 1971 Les paul guitar. which remains in Defendant's possession. is valued at approximatelY ,1.000.00. 3 22. Plaintiff's Glbeon walnut guitar neck with ebony fingerboard, which remains in Defendant's possesBion, is valued at approximately $750.00, 23. upon darnand by Plaintiff, Defendant has refused to return the 1971 Les Paul guitar, Gibson hardshell case and Gibson walnut guitar neck with ebony fingerboard and has refused to permit Plaintiff to retrieve the items from Defendant's place of business. WHIRBFORB, Plaintiff respectfully requests that the Court enter judgment against Defendant in the amount of $1,750.00 plus punitive damages, attorneys' fees and court costs. COUN'l' II RBPLBVIN 24. paragraphs 1 through 23 of this complaint are herein incorporated by reference, 25. Plaintiff is entitled to immediate possession of the 1971 Les Paul guitar, Gibson hardshell case and Gibson walnut guitar neck with ebony fingerboard all of which remain in Defendant's possession. WHBRBFORB, Plaintiff respectfully request that the COurt enter judqment against Defendant for immediate possession of the 1971 Les Paul guitar, Gibson hardshell case and Gibson walnut guitar nec~ with ebony fingerboard together with punitive damages, attorneys' fees and court costs. 4 COUNT I II NEGLIGENCE 26. paragraphs 1 through 25 of this complaint are herein incorporated by reference. 27. Defendant's negligent performance of his woodworking services has damaged Plaintiff's reputation within the music equipment service industry, 28. Defendant's negligence has damaged Plaintif f I s relationship wi th existing clients and has deterred potential clients from doing business with Plaintiff, 1IHEUrORB, Plaintiff respectfully requests that the Court enter judgment against Defendant for an amount not exceeding the threshold amount for compulsory arbitration, together with punitive damages, attorneys' fees and costs, COl'N'l' IV BRUCH or CON'l'RACT 29. Paragraphs 1 through 28 of this complaint are herein incorporated by reference. 30. Defendant's failure to perform the agreed-upon services has damaged Plaintiff's reputation within the music equipment service industry. 31. Defendant's failure to perform the agreed-upon services has damaged Plaintiff's relationship with existing clients and has deterred potential clients from doing business with Plaintiff. 5 8. AdmItted In pIIl't and denied In pIIl't, It is admitted that Defendant took poueulon of Plalntlfrl LeI Paul itultar. The nature of the qreed upon work and ita ramllkaUolII for future bU8ln_ deallnp between Plalntll1' and Defendant is specl1lcally denied and strlct proof thereof is demanded at trial. 9. AdmItted In pIIl't and denied In pIIl't. It is admitted that Defendant retumed the LeI Paul IlUitar to PlalntllT, and fUrther admitted that the rellniahlng became defective, and fUrther admitted that Defendant again took posselllon of IlUitar In order to perform rellniahlng work, It is specU1cally denied that Defendant did the work at no charge as a demonstration of hIa workmanship and Itrlct proot thereot is dell1anded at trial. 10, AdmItted, 11, Admitted In pIIl't and denied In pIIl't. It is admitted that Defendant took poueuion ot Plalntlfrs Gibeon walnut guitar neck with ebony flngerboard tor the purpose ot attaching the neck to a custom IlUitar body, It is specillcalJ,y denied that Defendant agreed to perform thla work at no charp and strlct proof thereof is demanded at trial, 111, Denied. Strlct proof thereot is demanded at trial, 13. Denied. Strict proot thereof Is demanded at trial 14. Admitted. 15, AdmItted. 16. Denied. Strlct proot thereof is demanded at trial 17, Denied. Strict proof thereot Is demanded at trial 18, Denied, Strict proof thereof is demanded at trial, 19. Denied. Strict proorthereot Is demanded at trial COUNT I CONVERSION 20. Answers 1 through 19 are Incorporated herein by reference. Ill. AdmItted In part and denied In part. It is admitted that Defendant remains In ~ t- of the Les Paul guitar. It is specifu:a11y denied that it is valued at approximately $1,000.00 and Ilrict proof thereot is demanded at trial. 22, Admitted In part and denied In part, It is admitted that Defendant remains In poeseaalon of the Gibson walnut guitar neck with ebony Ilnprboard, It is specifically denied that thla guilal' neck is valued at $700.00 and strict proof thereof is demanded at trial. 23, Admitted, WHEREFORE. Defendant respectfully requesta that the Court enter judgment ap.Inat PlalntllT for punitive damages. attorney's rees, Court COIta or such other reUer as the Court may deem equitable and proper. COUNT n REPLEVIN 24. Answers 1 through 24 are Incorporated herein by reference. 20. This is a conclusion of law to which no response is necessary. To the extent that a response may be deemed necelll8l'Y, It is denied and strict proof thereof is demanded at trial. WHEREFORE, Derendant respectfully requesta that the Court enter judgment ap.Inat PlalntllT and award Defendant poasesslon of the Les Paul guitar, Gibson hard shell caee and Gibson walnut guitar neck with ebony fingerboard, as weU as punitive damagel, attorney's feel, Court COIta or such other reUef as the Court may deem equitable and proper. COUNT III NEGUGENCE 26. Answers 1 through 24 are Incorporated herein by rererence. 27. Denied, Strict proor thereof is demanded at trial. 28, Denied. Strict proof thereof is demanded at trial. WHEREFORE, Derendant respectfully requesta that the Court enter judgment ap.Inat PlalntllT. as weD as punitive damages, attorney's fees, Court COlta or such other reUef as the Court may deem equitable and proper. COUNT IV BREACH OF CONTRACT 29. An.!wers 1 thtoUllh 28 are incorporated herein by reference. 30, Denied. Strict proof thereof Is demanded at trial, S 1. Denied. Sl.rict proof thereof Is demanded at trial. WHEREFORE, Defendant respectfully requesta that the Court enter judgment against Plaintiff, 1I8 well 1I8 punitive damages. attorney's fees, Court costa or such other relief 1I8 the Court may deem equitable and proper. DEFENDANT'S NEW MATrER 32, On or about January 25, 1995, PlaintifF Initiated contact with Defendant tJuooUllh a mutual friend reaarding a possible business relationship. 33. At that time, PlaintifF evidenced an interest to Defendant in engaging in the manufacture of guitars and having Defendant involved in this manufacturing venture, 34, Shortly after the Initial contact by Plaintiff, Defendant agreed to reflnlah Plaintiff', Lea Paul guitar at no charge with the express understanding that PlaintifF would engap in the manufacture of guitars through Defendant's business. 35. On or about Febl'WU'y 1995, after refU1iahlng Plaintiff's Lea Paul guitar . aecond Ume, Defendant returned guitar to PlaintifF and PlaintifF &A:Ctlpted the work. DEFENDANT'S COUNTERCLAIM BREACH OF CONTRACT 36, At some point after the Lea Paul guitar was returned to Plaintiff, Plaintiff requeatad new and additional work to be done on the guitar by the Defendant and Defendant again took pm the guitar for the pUl'p08e of completing this new and additional work. 37. On or about May 1995, after Defendant completed work ordered by Plaintiff on PIaintlII"lf Gibson guitar neck with ebony f1ll(lerboard, Defendant attempted to return the flnlahed product &It PlaintifF. 38. AJthoullh Plaintiff aceepted the work, PlaintUT told Defendant to remain in poll8l!saion of the ,wtar u additional work wu contemplated. 39. The Gibeon walnut ,wtar neck with ebony fin~rboard has been permanently attached to the neck of a custom ,wtar bocIy that PlalntUT ordered. 40. The Gibeon walnut ,wtar neck with ebony fingerboard is now an integral and inaeparable plIJ't of the c:uatom ,wtar and cannot be removed, 41, On or about AUllll8t 7, 1996, PlalntUT supplied ,wtars of clienta of Plalntl1T'. business to Defendant for repairs, alteratiolll and/or refinishing. 42, Defendant completed the requested work on c:uatomer's gWtars and returned MIlle to the PlaintUT for d1atrlbution to their respective owners, 43. PlalntllT Wlllllatisned with the work done to the customers gWtar.. 44, Prior to work done on the gWtar by Defendant. PlaintllT offered the Les Paul gWtar for we for approximately $173.00. 46, To the elltent that the Les Paul guitar ~ now be worth $1,000,00, it is due to the Defendant's work and improvement on the gWtar and not due to any efforts of the PlalntllT. 46, Pursuant to InstruCtiOIll from PlalntllT, Defendant produced a CU8tom built prototype gWtar. baaed on .peclfleatiolll provided by PlalntllT of a Korean gWtar with a telec&llter etyle body and new walnut burl f&ee and provided this gWtar to PlaintllT for PlaintUT's inspection. 47. PlalntllT advlsed Defendant that he wanted to build hundreds of these type prototype gWlars. 48. Plaintiff advlsed that he wu dealing with Korean Inveetors or businesa concerns regarding a supply of raw materials or gWtar bodies for this manufacturing venture. 49. Plaintiff baa posae..lon of this prototype guitar and retains posaesaion of same to this date. 50, The approximate value of this prototype guitar is $600.00. 51. On November 24, 1995, Defendant billed Plaintiff for all work done at Plaintl1T's request In the total amount of $1,145.00. 52. Plaintiff baa refused and continues to refuse to pay Defendant for his services rendered. i - i::: N .. j~ Ig 03 ~ :...> 0- C)~ ~l :~~ -'1' ""J ... I '~l~ ~J ~ :n,:.:l ~ :~~~ . ~ \D :s 0_ u ~ " ~. , l' f:. J, ri t . ~ "4 1 ',; i'ii J. ".!.l " ~, ',-'.J. "t 1.11 .: FF'( I. i ~- .;;- -~.-:-:/~.. ':--, ;-.' I -; '~ 0- , c .l~) /lLtl-f..-.<-/"'-; 11,. '--;....., L.. / )'. ^, " .. . U~! 'L-<1...(.('-JA...t.t'~ , I 1~_' {). I, t.. <, L,t \,'., . , " ...,. (,: I f' I ' "J l'. , ~ \~~ .t) '~~ ~ ("w. "4l.,' , , ~ ' '......... c::; 0 (') ,1 j(', . "', I. I L. I \,'} .. t~ 'j I I .~. ~~ . ~ U . a. I III ~ ~ ...... <Il il ~ e" ~~ . ~ ~ ~ ; ;!) ~~J ~ g I ~~~~ ~ ~ ii: <Il '" ~ ~ 2l ~~ ~ fil~~ Ii j! i ~ ~ ~~ i ~ <Il i ~ E~ ~ 5 ! ~ ~ ~ 1!l ui ~ " Ii -..... --, "'" ..- ..... ...... .. ~-~ . - GRBGORY J. PLA~ZBR t/d/b/a BCR MUSIC , SOUND, Plaintiff, IN ~HB COUR~ OF COMMON PLEAS CUMBERLAND COUN~Y, PENNSYLVANIA I I I CIVIL AC~ION - LAW I I NO. 96-1221 CIVIL ~ERM I I VI. DAVID DRAIN t/d/b/a ~BMPLB~ON FINE WOODWORK, Defendant. i I PB~I~ION FOR APPOINTMENT OF ARBI~RATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Mark E. Halbruner, Esquire, counsel for plaintiff in the above action, respectfully represents that: 1. The above action is at issue. 2. The claim of the plaintiff in the above action is less than $20,000. The counterclaim of the defendant in the above action is less than $20,000, The fo11owinq attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: David J. Spotts, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Dated: September 26, 1996 ?ATES & ~SOCIATES~ BY:~ C. ~ Mark E, a1bruner, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) ORDER OF COUR~ AND NOW, this ~-M day of~.ivt.. , ~96' u~on consider~i:J:dJ. tJ;.i! fpreqoinq petition, "":"::(1 lJ ~ ~l ' Esquire, 4. t) Ie, LIV , Esquire, and . E-L I , Esquire, are appointed arbitrators in the above action as prayed for, ;..,'1'~J'7.J COURT, (~ 'llILUl.OA.TAJlILlNttlllC\"a$.IVU PIA rNllld: Ow."az.... GREGORY 1. PLATZER t1d/b/a BCR MUSIC & SOUND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs, NO. 96.1221 DAVID DRAIN IId/b/a TEMPLETON FrNE WOODWORK, Defendant CIVIL ACTION. LAW TO: Mark E, Halbruner, Esquire GATES & ASSOCIATES, P.C. 10 13 Mumma Road, Suite 100 Lemoyne, PA 17043 David 1. Spotts, Esquire LAW OFFICES OF RON TURO 32 South Bedford Street Carlisle, PA 17043 NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned aribtrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment Wednesday, March 19, 1997, beginning at 2:00 p,m. in the 2nd floor hearing room of the Old Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire, DATED: January 16, 1997 Ivo V. Otto, III, Esquire. Chainnan Robert L. O'Brien, Esquire Daniel 1. Sodus, Esquire cc: Court Administrator's Office Cumberland County Courthouse Carlisle, PA 17013 LAW OFFICES OF GATES & -ASSOCIATES, P.C. \.OWIll. ". ClATlI .............. ......lIIIeII1. .. "AM I, "'AU"","I" ...... ....... .. H_ ..., lit SUIAN KAY CANDIILI,.O 1013 MUMUA ROAD. sun. 100 L1MOYH', "4 11'043 C1tl1PUIIQO ,um" ':I1.lUr January 12. 1996 David Drain Templeton Fine Woodwork R.D. 113. Box 96 Newport. PA 17074 RBI BCR Music , Sound Dear Mr, Drain: Thank you for r~sponding to my correspondence dated December 15. 1995, My client appreciates your willingness to return his '71 Les Paul guitar and to release your claim for services rendered. However. the walnut guitar neck in your possession is a rare piece. and my client insists that you return it immediately and compensate him for his lost business opportunities and legal expenses. My client will agree not to pursue further legal action or have any other contact with you if you return the neck along with payment in the amount of $500,00. or in the alternative. if you pay him $1.250.00. which would include the replacement cost of the neck. Of course, my client still demands that you return the '71 Les Paul and release any claims based on your previous bill. Please respond on or before Monday. January 22. 1996. to avoid further legal action, Very truly yours. j"/I/I. II~ ~I I 0,). ) I f..",~( , !-fi-,~~ Mark E. Halbruner cc: Gregory J. Platzer .) e ~ - ?: -l ..;;J ~-.. I~ ~j~ ... , ~:;.. I!! ~':! Iji) t: ;:t _ lUoo ~ ~ ~ ~! . ~ u L . "" I III . III II ~ "'- ~ .a ~ "'- " '" .... ~ :s "'- .... ~ ~ ... .... Ul u I "S~ ... ~ ~!~ ~ 0 ~~IU - III ~ .~ ~< ~ ...~ ~ i ~I 5 ~rE "" ~~ ~~ . ~t.J J ~ ~~ I; III Cl ~ ~ ! ~ ~i .; ~~ ::- Ii ., . . . GaBGORY J. PLATZER t/d/h/a SCR MUSIC . SOUND, plaintiff, I IN THE COURT OF COMMON PLBAS I CUMBERLAND COUN'l'Y, PBNNSYLVANIA I I I CIVIL ACTION . LAW I I NO. 96-1221 CIVIL TERM VI. DAVID DlAIN t/d/b/a TIMPLBTON FINB WOODWORK, Defendant. . . I REPLY TO NEW MATTER AND COUNTERCLAIM AND NOW. comes Gregory J. Platzer t/d/b/a BCR Music' Sound (herein referred to as "plaintiff") by and through his attorneys, Gates' Associates. P.C., and makes the following reply to the new matter and counterclaim raised by David Drain (herein referred to as "Defendant") I REPLY TO NEW MATTER 32. Denied. Strict proof thereof is demanded at trial. 33. Denied. Strict proof thereof is demanded at trial. 34. Admitted in part and denied in part. It is admitted that Defendant agreed to refinish Plaintiff's Les Paul guitar at no charge. It is denied that Plaintiff agreed to engage in the manufacture of guitars through Defendant's business, and strict proof thereof is demanded at trial, 35. Admitted in part and denied in part. It is admitted that sometime in February 1995 Defendant returned the Les Paul guitar to Plaintif f . Plaintiff is without knowledge as to the number of times that Defendant refinished the Les Paul guitar. and strict proof thereof is demanded at trial. It is denied that Plaintiff accepted Defendant' s ref inishing work on the Les Paul guitar, Plaintiff advlsed Defendant that the work was unsatisfactory. ~.PLY TO COUNTBRCLAIM rOR BREACH or CONTRACT 36. Admltted in part and denied in part, It is admitted that Defendant again took possession of the Les Paul guitar in order to correct the previously unsatisfactory refinishing work at no charge. It is denied that Plaintiff asked Defendant to perform new work on the guitar. 37. Denied. Sometime in May 1995, Defendant brought to Plaintiff's place of business a prototype guitar body produced by Defendant, The guitar body did not maet the specifications and pattern provided by Plaintiff, and Defendant retained possession of the guitar body. 38. Denied. Plaintiff did not accept the prototype guitar body produced by Defendant. and Defendant retained possession of the guitar body. 39. Denied, The guitar body could be cut away from the walnut guit~r neck with ebony fingerboard. 40. Denied. The guitar body could be cut away from the walnut guitar neck with ebony fingerboard, 41. Admitted in part and denied in part, It is admitted t~at on or about August 7. 1995 Plaintiff supplied customers' guitars to Defendant for cosmetic refinishing work. To the extent it is implied that Defendant was asked to repair or alter the working parts of said guitars. the same is denied. 2 42. Admitted in part dnd denied in part. It is admitted that Defendant returned the customers' gui tars to Plaintiff. It is denied that Defendant satisfactorily performed the requested work. By way of further answer. Defendant represented that the work would be completed in approximately thirty days after taking possession of the guitars. Defendant returned the guitars approximately three and one-half months later and only after repeated telephone calls from Plaintiff requesting the return of the guitars. 43. Denied. Plaintiff was not satisfied with the work done to his customers' guitars, By way of further answer, when Defendant delivered the guitars to Plaintiff's place of business, he dropped them on the floor and left the premises before plaintiff had the opportunity to examine the guitars. 44. Denied. Strict proof thereof is demanded at trial. 45. Denied. Strict proof thereof is demanded at trial. 46. Denied. Plaintiff requested that Defendant produce a prototype guitar body based on a 1959 Gibson Les Paul Junior guitar. Plaintiff provided Defendant with specifications and a pat,tern for said prototype guItar body. The guitar body produced by Defendant and given to Plaintiff for inspection was not made in accordance with the specifications and pattern provided by Plaintiff. By way of further answer. at Defendant's request, Plaintiff provided Defendant with the body from a Korean-made telecaster guitar so that. Defendant could demonstrate at, no charge, his ability to re-top the guitar body. Defendant did not 3 satisfactorily re-top the telecaster guitar body. 47. Denied. Plaintiff neither expressly nor implicitly indicated that he wanted Defendant to mass produce the prototype guitar body. Plaintiff requested that Defendant produce one prototype 1959 Gibson Les Paul Junior guitar body, and Defendant failed to do so. 48. Admitted in part and denied in part. It is admitted that Plaintiff spoke with Defendant about a Korean distributor who could provide guitar parts. It is denied that Plaintiff offered Defendant the opportunity to work with raw materials from a Korean distributor. It is further denied that Plaintiff requested Defendant to mass produce guitar bodies of any kind. 49, Denied. Plaintiff does not have possession of the prototype guitar body produced by Defendant. By way of further answer, Plaintiff does have possession of the Korean-made telecaster guitar body that Defendant unsatisfactorily re-topped. 50. Denied. Strict proof thereof is demanded at trial. 51. Admitted in part and denied in part. It is admitted that Defendant billed Plaintiff for $1,145.00 on or about November 24, 1995. with the exception of the $75,00 charge to "strip and refinish Hamer body", it is denied that Plaintiff ever agreed to pay for the items charged on said bill. 52. Admitted in part and denied in part. It is admitted that Plaintiff has refused to pay Defendant's bill for $1,145.00 dated November 24, 1995. It is denied that Plaintiff ever agreed to pay, 4 .~~1<<!l WlIIftIlIll'l". ~(MW1- ~ QaaQOaY J. 'LATZKa t/d/b/a .(3 MUIlC . 10UMD. rlaintiU. I III '1'HJI COtm'l' 0' COMMO)l 'toMS I CU)CBSu.A1IIO COUNTY, iUOlSYLVAJlIA I 1 1 CIVIL ACTION . LAW 1 1 MO, 96-1331 CIVIL TeRM I I .,.. D~VID D1AXN t/d/h/_ '1'1M'LBTOH rOla tlOOOWOlUt, Defendant, BO'l'IC!l or APl'1AL paoli AlfM!:! or BOARD OP ARBITRATORS TO THE PROTHONOTARY: Notice is given that plaintiff. Gregory J. Platzer, appeals from the award o~ the board of arbitratorS entered in tbis case on April ~4, 1997. 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