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Home My WebLink About96-06074 l \ t ~\ ~ ~ 'It ..c:: ~ / // / I \ , : 1 , :- .. .~ .. '-l ';)... t' (;) -...) . '" <3'-1 ~ C_~NW(AUN 01 'INNIYLVANIA COUI' 0' COMMON 'UAS NOTICE OF APPEAL fROM JUDICIAL DI"IICI DISTRICT JUSTICE JUDGMENT COMMONPlIASN.. 96-6074 Civil Term NOTICE OF APPEAL Notic. i. gi_ lhat tho appellanl ha. liled in the obov. COUfI 01 Common Plea. on appeal from the judgment render.d by the Dillrict Ju.tic. on the do1e and In tho co.. rnonllonod below. NAMI Of' APftUANl ~~.Ui!N 1<.. I\, ,:, fj o /I ct6 "" s n:.. ,;:: NA lAfNA>>i'ITiNf Of ...51 ""OiIN1Y 0. "GlNT /.", //!/~/ "--'" ~.,?,/ ,-- 4: . ..".- ..// 1.oo;'~OI;jOf~ 0 ~ ;fu, lP COOl (J1t / 70 ~,r I~I (1"'~L~ . ~:/ CV 19. C1 b LT 19 Thi. block will be signed ONLY when this notalion i. r.quir.d undo< Po. R.cP.JP. No. l008B. This Notic. 01 Appeal. when rec.ived by lhe Oi.lrict Ju.ti,.. will op.rat. o. 0 SUPERSEDEAS to tho judgment IOf po....~on in thi. co... 11 ~ /(N tr-AI<. :D v' (, ...1.~(/~ R ) A I j/J (('on vtUt~ . ((" ..,.-"\ I O(! I J c/o. ( Ofy ~'/V(,i.1J SlfI'liJluro 01 Prolhono/aJy or Depuly "appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in acllon before District Justice, he MUST FfLE A COMPLAINT wi/hin twenty (20) days after filing his NOTfCE of APPE(1L. PRAECIP!! TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sec/Ion of loon to be used ONLY when appel/illl/ was DEFENDANT fseo Pa. R.c.P.J.P. No. 1001(7) in aclion beforo Disuict Justice. IF NOT USED. detach from copy of no/ice of appeal/a be served upon appel/eo). PRAIlCIPE. To Pmlhonot",y ,SCo IT--.J\-; IJ!t ~" (Common Plea. No. 96- 6074 Civil Term ) within lwenly (20) day. after .ervic. 01 rule Qf Enter rule upon , oppo/I..I'), to Iii. a complaint In thl. oppool RULE. To ,S,-c:Tr 'tV i+Jlr-A.,1 /WIno 01 owe'loc(S . oppoIloo(.). try of judgm~. ~ 01 awoJonl 01 his .,tomey IX sgenI (I) You ant notified that 0 rule i. h....by enter.d upon you to file 0 complointln thl. appeal within twenly (20) day. after the dolo of ....vic. 01 thi. rulo ..".,., you by personal .ervice Qf by certified Qf reai.t....d moil (2) N you da not file 0 complaint within Ihi. limo. 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. J' t1..l ~L~"c , (3) Tho do1e 01 ....vic. 01 thl. rule il .ervic. wa. by moil i. lhe dot. 01 moi . Oot.: Nov. 6, 96 .19_. AOPC 31HW COUHT f ILEe TO BE [-III U WlIIll'nOTHOJ10lM1Y . - PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT {T/II.'i proof 01 :,11( VH:U MUS r ill riLl. [J WI r !IIN IT N I III,' (JA y') A 1,'/ Ii 'dIll!) tflu IHif1n: of .,ppllifl. Ulvd dj!J,f1c,Wlo tHJX05) COMMONWEALTH OF PENNSYLVANIA COUNTY OF __,___....._...._..__,........ ;u AFFIDAVIT: I hor"hy 'w"ar or alltrm 1M! 1'''lVo,1 o Ill~l)PY of Itlt' Nt!!!, pol ^PIIl'i11. COnlnl1jl, r'11'd:; f-ju , IJpllll lilt' O'!'i!rKl .l1l51,((t dtl'iianilh'd ltWfOHl on idd(O of StH~'jCIJJ .19.__ "__, [J 11" fl!'I',(;Poil ',1'1~1\ H lJ hy (ti!l1dlf'd) (ft!Ui!.tl'lltHl) mail, ~tlndor'S receipt atlachHd hf'It'ln, iH,tj IJflfJIl !tIe ,tplwil'-'H inti"''',) _____________~_____, on ~_________________ 19__ ... IJ ll,' pl'r-"Jndl :",r',I(:,: [] 11Y (cl'fldl.>d) (Il'~li'ltl-Il'd) Illdl/. :->"lld,'r'~', It!colpl illldctwd hereto [J ilnd lurttl\'r Hldll ~;l'l ,,'d II", Huh- t.) rlll';\ ('llIi;J,idll'd .11 ( L'Ill/',jfiilJl'j tiil' ,\h,;~t! 'lullll.' LoI AlijH:dllJponlhu ~lpputh~u(lIi) towhofll th~ Rulf! Wil~, ,lddfl"i',j\,j (111 '~l ,ell'i rl'l'o()I',;) 'd'f.'ICt' [) hy (u~rtlfi{'(1) \tt!~.w,jPrl!d) mail, sender's feC;t~ipt illtlh:hl'(j tl.~rHo SWORN (AFFIRMED) AND SUllSCHlftE[) [\ElOnE I,IE THIS .... "... ,IlA Y OF l~ Slgnaturo of allliml S.gHdltlltl 01 OIl/CIll; t'ul(}lj' ",1't\11t ,jfhU",! .....l~ "d'''' T/IIIt o'o",e,,,1 MV commission oll.pillls un ('.1 t.,j " (' c.;;'\ -\1 - " "'llt ;-~:! C'n ?\ {I,: I ,- .~[~ .. I " 111..- vy Gf\ .J \ Cl_' "l'l '~~I 1-"1, '-.,.~b ~t; - ()I'll ~ ., .-, ,- :'"..1 :.) ~ -: CO ._.._._.__, lt1___. ~\~R ~-: '-'l ~~ -. "'" '->J V /'"" ~ ~ rl- UJ U". ~\~~ ,) '\ ;, 8 ~ COMMONWEALTH OF PENNSYLVANIA .. COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT 09-1-02 PLAINTIFF: ........ AOOflE"" IWHARY, SCOTT . 525 DONEGAL ST ' MIDDLETOWN, PA 17057 L -, .... l>o< No o.J Name. Hoft ROBERT V. MANLOVE ~. 1901 ,STATE 'STREET CAMP HILL, PA :.. . '~<~i"""';"! i7i:7)' 76;1:':0583 '17011-0000 '. . .J .."1,,."., , DEFENDANT: NAME and AOOUEBO fBRUNGARD, STEVE ,1 EAST MANOR AVE REAR l!=NaLA, PA 17025 VS. -, STEVE BRUNGARD 1 EAST MANOR AVE REAR ENOLA, fA 17025 .J Docket No.: CV-00002 71-9 6 Date Flied: 8/30/96 THIS IS TO NOTIFY YOU THAT: . . ~uC!gment: . .' , . JOR... f.LAIN'UFL-___ 00 Judgment was entered for: (Name) JHARY, SCO'M' l!l Judgment was entered against: (Name) BRUNGARD , STEVE In the amount of$ 1. 066.22 on: (Date of Judgment) 10/11/96 o Judgment was entered against In a LandlordfTenant action In the amount 01 $ on (Date of Judgment) The amount of rent per month, as established by thl> District Justice, Is $ o Damages will be assessed on: (Date & Time) o PosseSsion granted, 0, , Possession granted n money Judgment Is not eatlsfled by time of eviction, o Possession not granted. o Levy Is stayed for _ days or 0 generally stayed. o Objection to levy has been flied and hearing will be held: Dnte: Place: . , Rent In arreern $ Damages Unjust Detention $ Damages to Property/ Residential Lease: $ Less Amt Due Defendant - $ Amount of (Judgment = $ Judgment Costs ~ Interest on Judgment $ Auorney Fees ~ -- . '''::,~,,~:',::~''f,.~'J;.':<~ :j,:t:..~,~,",'.. " . . ,~;':i: "\JiJ1i'This:case:dl~tnl~ed without RreJudlce. - TOTAl. - 1.000.00 66.22 .00 ,00 1.066,22 $ Time: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOL VING A RESIDENTIAL LEIISE AND IIFFECTlNG THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS OF THE DATE OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMO~.f.LEAS,..c.IVIL DIVISION. , ./lNY PAR.,TY ~GGRlEVED BY A JUDG FOR ONEY OR ^ J GMENT INVOLVING.A'~QNllle$IDE~TIAL LEASE " MAY APPEAL WITHIN 30 DAYS OF T OF T J EN Y FILING A NOTICE p'F AP~tj THE. PRO 0 OTARY/CLERK OF TH T 0 L, CIVIL DIVISION. ~ :~ ,,:,,'~, . . " ", '.. ' !'.o'.. . . ( ..:: '{..U1SUlct Justice _. . of the proceedings con~lng (he jili!gmenl. :. . ~ . ..... , District Justfc'e '.,... SEAL Aope 3' 5,00 IT: co ,,; , ;:;c .. .~ "'~1: I1J(' ....-;.. Q(" .,.. . -';~ FEr' ~ :~:~ ~~ ~f ,0 'r/) " I .1;',~ IC' , , Ltl!p -'. :Jin F.l :.: ~ 0.. r:' :..t.: . LO. u:;) :5 0 <.i' () . C_IALYK 0' '.HNIYLVANIA CDUal or C_N 'LlAI fROM NOTICE O' APPEAL _IA!. DIITIICT DISTRICT JUSTICE JUDGMENT 96-6074 Civil Term CDMMON'LlAINa NOTICE OF APPEAL Notice II ui- that the appellant ha. filed In lhe aboYe Courl of Common Plea. an appeal from lhe judgmonl rendered by Ihe Oi.lrlct Juolke an the elate and In the ~ lI..tItaooed beIool :~~AI 1(. J I! I /II()t:J () 1/ '=t6 CV IR q b LT 19 Thio blodc wiI be oIgned ONLY when !hi. notation I. required under Po. R.cPJP. 10088. Thio Nollce of Appeal, wt..., receiwd by lhe Oi.lrkl Ju.lice. will operale a. a SUPERSEDEAS fa the Judgment fa< pauesolan In thl. cas. I.....oo~~~~ 0;2. ,In lPCOOI fJ () PI. S- -:s n:1I ~ 0 Vl . ~-- ...- ./ - S/gIalute 01 PtoI_y or Depuly II appellant was CLAIMANT (586 Fa. R.C,P.J.P. No, 1001 (6) In action b9fo18 District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (ThIs section of fonn to be used ONLY when appellant was DEFENDANT fsee Pa. R.C.P.J.P, No. 1001(7) In action belOllJ DIstrict Justice. IF NOT USED, detach from Cq?Y of notice 01 appeal to be served upon appellee). PRAECIPE. To ""'thanatary Enter rule upon S (.0 7/_hJ Jf It ~ \) ,~(.), 10 file a complalnlln!hi. appeal _oI~') (CammanPleasNa.' 96..6074 Civil Term )wllhln Iwenly (20) day. after oervlce of rule or i RULE. To ii.s l\..c;1T 'rJ H Ir A.. "" ~ . ,.",..ot ~I;f- I opp .R'I(I~ ~ . ' .- (I) You :n notified thai a rule II hereby entered upon you to file a camplalntln this appeal within Iwenly (20) day. afler the dolt of swvIce of thI. rule Upon ,.,u by penanaI oervke ... by certified ... reglltered moiL . ' , . ' ;:~.:'::::"::".::~=::".:,-"'"""'["" ,19_. / Date: NJII'C31~.&4 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Th,. proal ol..,vIC. MUS r BE FILED WIT//lN I EN (10) VA YO AI' If n """9 Ihe "O/'Ce olapp.nl Ch.ck .,ppl/cabl. bO'.,) COMMONWfALTH OF PENNSYLVANIA ('1,( 'J't-'",> r;,1. L.,lrVJJ AFFIDAVIT: I he'eby sw.ar 0' .f"'m lhalI sorvad ):iira copy of Ihe N01'CD 01 Appeal, comrnon?,~15 No __CJ_(;,,_/2.0 ?i, , upon Ihe Dlslrlcl J".llce deslgndled Ihorein on (d.'. 01 s.mce) -_Jl_O-fE__. 10____, ;I;;;t llY pU'Jil,"fll sD/vieo 0 by Icerlil,l,d) (,euisle,edl mall. sender's ,ecelpl.lI.charl ".ralo. "8IJ.upon Iho "1'1"'1100. I"..me) _" ':J_CO._t. t:, -,I1)/I-lIj{/,}'- . on ! I n ~ . 19.1~_.ffiy pUfsonal sopm.;o 0 by (cllrlllmd) (Hl!J15tued) mil". sender's toculpt altflched heroto. ~nd turther that I $ur~od lllu AlIla 10 FIIl!.l Cornplrllnl accompilllYH1!} lhc abovo Notice 01 Appt.'ul upon tho appolloull) 10 whom . the Rule was addrn,smJ 011 _h__/ (__Q~.~_____._. H).{&__~-t\rr;y fHJr50nill f.ofvico 0 by (ccrtlfiod) (roglsterod) mail, sender's receipt atlachud horolo COUNTY OF ;11 SWORN (AFFIRMED) AND SUBSCRIBED UEFORE ME THIS 1\.37:1/ DAY 0FZ2tttJ:,-__, 19C(./.p f)t'r71/J?4 {-m. Oi~___ . 'u, of Cftll':I/JI 0.101' who", .--::" ~ ~~ ~- _d__~ ,y~- ". ~ SIQ1IarUf' of '''"nt My ~~!,"~i"jon ek I:&-~;;u .19fl n 10 n C" m .'j-, .,.,. ~ 01 L'11"- i-:;) ,1. .~ i ;if!J ~~. , vi> -.,~ w '. ~~l ',-..-J ",', '!3:J . ~ I ..-.. <") . '- (j~ ;.to:; r.- .. "'1 -,' ::;, ~" . ~ '0 Respectfully Submitted, CONNELLY, REID, & SPADE obogado y archlvar en la corte en forma escrlta sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avlsado que sl usted no se defiende, la corte tomara medldas y puede entrara una orden contra usted sin previo avlso 0 notlficacion y par cualquiere queja 0 a1lvlo que es pedldo en la petlcion de demanda. Usted puede perder dlnero 0 sus propledades 0 ostros derechos Impartantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIA TAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator, Fourth Floor Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Date: /2. )' 9(, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6074 CIVIL TBRM SCOTI WHARY, Plaintiff STEVBN R. BRUNGARD, Individually and/or as agent and/or Partner for PROTEAN POTENTIALS, a Pennsylvania Business Partnership, Defendants CIVIL ACTION - LAW COMPLAINT COMFS NOW, the Plaintiff, Scott Whary, by and through his attorneys, Connelly, Reid & Spade, by John F. Lyons, Esquire, and respectfully represents and avers as follows: 1. The Plaintiff Is Scott Whary, an adult Individual with an address of 525 Donegal Strf.et, Middletown, Dauphin County, Pennsylvania 17057. 2. The Defendant Is Steven R. Brungard, an adult Individual, whose last known address Is I Bast Manor Avenue (rear), Bnola, Cumberland County, Pennsylvania 17025. 3. Plaintiff believes, and therefore avers, that Defendant, Steven R. Brungard, is also a partner of a Pennsylvania Business Partnership known as Protean Potentials, whose last known business address Is 1 Bast Manor Avenue, Rear, Bnola, Cumberland County, Pennsylvania 17025. 4. On or about July, 12, 1996, Plaintiff entered into an oral agreement to scllto Defendant a motor vehicle engine. S. Plaintiff believes that Defendant purchased the engine individually. 6. Alteratively, Plaintiff believes that Defendant, Steven R. Brungard, was acting as an agent or In his capacity as partner for the Business Partnership, Protean Potentials. 7. Plaintiff and Defendant agreed that Defendant was buying the engine "as is" without any warranties, expressed or implied. 8. Plaintiff and Defendant agreed that Defendant would pay to Plaintiff the sum of One Thousand ($1,000.00) Dollars for the engine. 9. Under the terms of the parties' agreement, Defendant would be responsible for the Installation of the engine In his vehicle. 10. Plaintiff transferred the engine as agreed to Defendant but Defendant has refused to pay the purchase price as agreed. II. Despite demand made to Defendant, Defendant refuses to pay the sums obligated to Plaintiff in the amount of One Thousand ($1,000.00) Dollars. 12. Plaintiff has also incurred costs of filing suit before the District Justice in the amount of Sixty-Six and 22/100 ($66.22) Dollars which costs Plaintiff claims as additional damages. WHEREFORE, Plaintiff requests your Honorable Court enter judgment in Plaintifrs favor and against Def~ndantln the amount of One Thousand Sixty-Six and 22/100 ($1,066.22) Dollars, plus interest and costs of suit. COUNT II. FRAUD 13. Plaintiff incorpomtes by reference hereto the allegations of Paragmphs I through 12. 14. Defendant, Brungard, testified under oath, despite the fact that he purchased the engine "as is" , he had no intention of honoring his agreement to pay to Plaintiff One Hundred ($100.00) Dollars per month until such time as he felt that the engine performed to his sole expectations. 15. Defendant, Brungard, at no time advised Plalntiff of his intention not to honor the agreement and to withhold payments pending a determination by Defendant that the engine was performing to Defendant's unknown and unspecified expectations. 16. Defendant induced Plalntiff into selling the engine based upon the understanding that there were no conditions or warranties, express or implied, or other contingencies pertaining to the transaction. 17. Plaintiff believes, and therefore avers, that Defendant, Protean Potentials, authorized and adopted the actions of Defendant Brungard. 18. The actions of Defendants fmudulentiy induced Plaintiff to transfer to Defendant the engine. 19. In addition to damages for the cost of the engine In the amount of One Thousand ($1,000.00) Dollars plus filing fees of Sixty-Six and 22/100 ($66.22) Dollars, Plaintiff requests treble damages as permitted in such actions and attorney's fees and costs. WHEREFORE, Plaintiff requests judgment against Defendants, severally and jointly, In the amount of One Thousand Sixty-Six and 221100 ($1,066.22) Dollars, plus treble damages, Interest, attorney's fees and costs of suit. Respectfully Submitted, CONNELLY, REID & SPADE Date /'V- 3, 'tC:. By: ] n A t ey for Plaintiff 108-112 Walnut Sir P.O. Box 963 Harrisburg, PA 17108 (717) 238-4776 (717) 238-4793 Telecopler I.D.# 23859 ~ . f:-: .;J j ~,. u., ; ,~ ( , I, , f"' I ,.. "1 . .. .... y, i p; ." "] I" I [/" t..: , ~ ! j I. , ,-_. ~ ". l.l~ ',"I (,) .1 (H , ,J '\ '- \..(1 f.!: c; i:'~ .. .- UJc " , .' '--1;-- ;:..:J I' , L.. , <)~: '~ "1' , - ; . , . j I C - , , _.~. L. L " ,J " ) \ .. . T'" J. .... 1_ .~I.D.~. "221 IlHOADI . IINOH UP """--- P. O. On 1141 _ PA 17'....1141 1711123>-1731 Attomeyl for CW....... To Plaintiff Yw Ale tlnIIr IIllIIIId " Plead Te .... fltt' III ~ N~~ M~~~n~ lINn TwenIJ I20l DIrI ,... .... Hereof Or A ~ lIdtIllI MIY Bt~\Ia '-"far Defendanta Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA NO. 96-6074 CIVIL TERM SCOTT WHARY, v. STEVEN R. BRUNGARD, individually and/or as agent and/or Partnar for PROTEAN POTENTIALS, a Pannsylvania Businass Partnership, Dafendants CIVIL ACTION - LAW . II II "' to.1 II to to II 1t.1...I.. II It If.. II II It.1 II.. DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIMS NOW COME, Defandants, Stavan R. Brungard (herelnaftar "Brungord") and Protean Potentials [hereinafter "Protean"), by their attorneys, Rhoads & Sinon LLP, and file the within Answer to Plaintiff's Complaint with Naw Mattar and Counterclaims as follows: COUNT I 1. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this Paragraph. 2.-3. Admitted. 10. Admitted In pert and denied In part. It is admitted only that Defendant Protaan refusad to pay Plaintiff for the engine. It is spacifically danlad that Plaintiff transferred the engine "es egreed" to Defendant Protean. By wey of further response, the responding averments of Peregraph 8 ara Incorporated heraln. 11. Admitted In part and denied In part. It is admitted only that Dofandant Protean refuses to pay Plaintiff for the engine. It Is speclficelly denied that Defendant Protean Is obligated to pay the amount of One Thousend ($1,000.001 Dollars to Plaintiff. By way of further response, the responding averments of Paragraph 8 ere Incorporated herein. 12. Denied. The averments of this Paragraph contain conclusions of law to which no rasponsiva pleading Is raqulrad. To the extent a rasponse is raQuired, the averments are spaciflcally denied. WHEREFORE, Defendants, Steven R. Brungard and Protean Potentials, respectfully request that this Court dismiss Plaintiff's Complaint in Its entirety with prajudice. COUNT II 13. The foregoing responding averments are Incorporated herein as though fully set forth at length. - 3 . 14. Denied. It Is speclficelly denied thet Defendant Brungard testified under oath that he had no Intention of honoring his agreement to pey Plaintiff One Hundred Dollars ($100.00) per month until such time as he felt that the engine performed to his sole expectations, By way of further response, It Is specifically denied thet Defendant Brungerd purchased the engine Individually, thet the engine was purchased "as is." and that Defandant Protean agreed to pay One Hundred Dollars ($100.001 per month for the engine. 16. Denied. The reapondlng averments of Paragraphs 7, 8 and 14 are Incorporated herein. 16. Danled. The averments of this Paragraph contain conclusions of law to which no responsive pleading Is required. To the extent a response is required, the averments are specifically denied. 17. Denied. The averments of this Paragraph contain conclusions of law to which no responsive pleading Is required. To the extant a response Is required, tha averments are specifically denied. 18. Danled. The averments of this Paragraph contain conclusions of law to which no responsive pleading Is required. To the extent a response Is required, the averments are specifically denied. - 4- 24. The clelms allagad In Plaintiff's Complelnt era barred by tha affirmative defanses of fraud end failure of conslderetlon. WHEREFORE, Defendents, Steven R. Brungerd end Protean Potantlals, respactfully request thet this Court dismiss Plaintiff's Complaint In Its entirety with preJudice. COUNTERCLAIM Count I Violation of Unfair Trade Practices Act and Consumer Protection Law 25. The foregoing responding averments ere Incorporated herein es though fully set forth et length. 26. Plelntlff represented to Defendent Proteen thet the engine wes In "top working condition," "had e lot of power," and performed like a better Quality "Ford 351 motor" even though It was e rebuilt "Ford 302 motor." 27. In reliance upon Plelntlff's representations, Defendent Protean agreed to purchese the engine. .6. 28. Despite Plaintiff's reprasentatlons to the contrary, the engine failed to work end was ramoved from Defendant Protean's vehicle the very same day It was installed by Plaintiff. 29. Plaintiff's representations constitute an unfair, deceptive, willful, deliberate, and intentional violation of the Unfair Trade Practices Act and Consumer Protection Law as defined at 73 P.S. ~ 201-2111 ago 30. As a result, Defendent Protean has suffered actual damages including, but not limited to, the cost of towing Defendant Protean's vehicle, the loss of Defendant Protean's vehicle for approxlmataly fifty-five days of business, the cost of removing tha engine from Defendant Protean's vehicle, the cost of disassembling the engine, and the cost of instelling e new engine. 31. Additionally, Defendant Protean is entitled to an eward oftreble damages pursuant to 73 P.S. ~ 201-9.2(a). WHEREFORE, Defendant Protean Potentials demands judgment in its favor and against Plaintiff In an amount In excess of ~25,OOOincluding attorneys' fees, costs, and such other relief as this Court deems just and appropriate. -7. WHEREFORE, Defendant Proteen Potentials uemands judgment In Its favor and against Plaintiff In an amount In excess of .26,000 Including attorneys' fees, costs. and such other relief as this Court deams just and appropriate. COU:lt IV Unjust Enrichment 42. The averments of Paragraphs 26-41 abova are Incorporated hareln as though fully set forth at langth. 43. Plaintiflls currently In possession of tha engina which ha agreed to sell to Dafendant Protean, as well as the prior engine which Plaintiff removed from Defendant Protean's vehicle. 44. By retaining both engines, Plaintiff has been unjustly enriched. 46. Injustlca will result If recovery Is denied. - 10 - . VERifiCATION Steven R. Brungard. daposes and says. subJact to the penalties of 18 Pa. C.S. 14904, relating to unsworn falsification to authorities, that to the best of his knowladga. Information and belief, the facts set forth In Defendants' Answer to Plaintiff's Complslnt with New Mattar and Counterclaims are trua and corract. (J --/ 1\1107 . . . CERTIFICATE OF 8ERVICE hereby certify that on Dacembar 23. 1996. a trua and correct copy of Defendenta' "Defendent.' An.wer to Plelntlff'e Complelnt with New Metter end Counterclelme" wassarved by meens of Unltad Stat as mall. first class, postage prapald. upon the following: John F. Lyons, Esqulra Connally, Reid 8< Spade 108-112 Walnut Street PO Box 963 Harrisburg, PA 17108 ~nll MiJ C. 1\1 ~Lv- Paulette E. McGraw 117107 ~ ~. ',- ..:2 Co. r & .~~ - )' ,C - ,.1; ~- ;~ ~ <"'l ., N "'~ u' t.> :, 1] ~ Lit .:.1u.. ~ .... t5 In .;) (To U . . SCO'IT WHARY. Plainliff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 96-6074 CIVIL TERM STEVEN R. BRUNGARD. individually and/or as agent and/or Partner for PROTEAN POTENTIALS. a Pennsylvania Business Partnership, Defendants CIVIL ACTION. LAW TO: Steven Brungard, lId/b/a Protean Potentials c/o Todd J. Shill, Esquire RHOADS & SINON I South Market Square Harrisburg, PA 17101 MITlCE TO PLEAD You are hereby notified to file a written response to the enclosed Preliminary ObjectiOl.s within twenty (20) days from service hereof or a judgment may be entered against you. CONNELLY, REID & SPADE Date: /I~, /n / I ohn . Lyons, Esqu' e A mey for Plaintif .0. Box 963 Harrisburg, PA 17108 (717) 238-4776 (717) 238-4793 Telecopler J.D. # 23859 . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96,6074 CIVIL TERM SCO'IT WHARY. Plaintiff STEVEN R. BRUNGARD. individually and/or as agent and/or Partner for PROTEAN POTENTIALS, a Pennsylvania Business Partnership, Defendants CIVIL ACTION. LAW PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANTS' COUNTER-CLAIMS COMES NOW, Plaintiff, Scott Whary, by and through his counsel. Connelly, Reid & Spade, by John F. Lyons, Esquire, and objects to Defendants' Counter-Claims and In support thereof avers as follows: 1. Plaintiff, on or about December 4. 1996, filed a Complaint againsl Defendants seeking damages for breach of contract and fraud. 2. On or about December 23, 1996, Defendants filed an Answer with New Matter and Counter-Claims. 3. In their responsive pleadings, Defendants seek Counter-Claims alleging violations of the Unfair Trade Practices Act and Consumer Protection Law. Fraud, Breach of Contract and Unjust Enrichment. 4. Plaintiff believes, and therefore avers, that Defendant, Protean Potentials, Is a commercial enterprise regulated by the Pennsylvania Public Utility Service for the purposes of providing fransportation for hirer. . S. Plaintiff believes, and therefore avers. that the motor vehicle engine which is the subject matter of the lawsuit, was purchased Individually by Defendant, Steven Brungard, or, In the altemative as averred in Plalntlfrs Complaint, was purchased on behalf of Protean Potentials by Steven Brungard, its agent, servant and employee, for purposes of Installation in a motor vehicle to be used for commercial purposes. 6. Defendants have admitted in their responsive pleading the accuracy and the truth of the averment of Paragraph 6 of Plaintifrs Complaint that Mr. Brungard acted In his capacity as a partner for the business partnership, Protean Potentials, in purchasing the engine. 7. Counts I through IV inclusive of Defendants' Counter-Claims each request judgment for damages In excess of $25,000.00 includir.g attorneys' fees and costs. I - Preliminary Oblectlon In the Nature of Demurrer 8. Count I of Defendants' Counter-Claim fails to set forth a cause-of-action upon which relief can be granted under the Unfair Trade Practices and Consumer Protection Law. 9. The Complaint fails to allege that the transaction Involved a purchase or lease of goods or services primarily for personal, family or household purposes. 10. Defendants have admitted that the transaction Involved commercial purposes. 11. Pursuant to Section 201-9.2, a private cause-of-action under the Unfair Trade Practices and Consumer Protection Law is only available to purchasers or lessors of goods used primarily for personal, family or household purposes. 73 P.S. ~201-9.2. 2 V!RII'ICATION I, Scott Whary, verity that the statements made in this Pleading are true and correct. I understand that talse statement. herein are made subject to the penalties of 18 Pa.C.S. section Date: //:'f!l/7 I falsification to authorities. By' ~Q~ cott Whary, tiff 4904, relating t~ unsworn CERTIFICATE OF SERVICE I. John F. Lyons, Esquire, of Connelly, Reid, & Spade, attorneys for Plaintiff, hereby certify that I have on the date shown below, served a copy of the foregoing Preliminary Objections upon the following and In the manner indicated below: FIRST CLASS MAIL, POSTAGE PAID Todd J. Shill, Esquire RHOADS & SINON 1 South Market Square Harrisburg, PA 17101 0.., (,In I >. ~:F .--' Lul ( l' /1' ( " (Ji c: (.t.." , 'L \..) <'I ("; r:: '" ,or; ; ;,..- '- .i:> r" C'. - . ,.... V ',':J VERII'ICATION I, Scott Whary, verify that the statements made in this Pleading are true and correct. I understand that false statement3 harein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: //.:lI/Q7 I . CERTIFICATE OF SERVICE I, John F. Lyons, Esquire, of Connelly, Reid, & Spade, attorneys for Plaintiff, hereby certify that I have on the date shown below, served a copy of the foregoing Answer to New Matter upon the following and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PAID Todd J. Shill, Esquire RHOADS & SINON I South Market Square Harrisburg, PA 17101 Date: ..,- ,'I j:-. ('". i:'; ., I. ( UJ(' l"'-; .' L)~ " ., ~;( ." '" . , .:...1 (:11. C-.J "1" I \..:" .' .,1.. \, , I', r- ) t..) r.:.i' Todd J. Shill, ssquire Attorney 1.0. No. 69~~5 RHOADS , SINON LLP One South Market Square P. O. Box 1U6 Harrisburg, PA 17108-11.6 (717) ~33-5731 Attorneys for Defendants SCOTT WHARY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6074 CIVIL TERM Plaintiff v. STEVEN R. BRUNGARD, individually and/or as agent and/or Partner for PROTEAN POTENTIALS, a Pennsylvania Business Partnership, Defendants CIVIL ACTION - LAW .. .. .. .. .. .. .. .. .. .. DEFENDANTS' ANSWER TO PLAINTm"S PRELIMINARY NOW COMES, Defendants, Steven R. Brungard [hereinafter "Brungard"] Potentials [hereinafter "Protean and Protean Potentials"], by their attorneys, Rhoads &. Sinon LLP, and files the within Answer to Plaintiff's preliminary Objections to Defendants' Counterclaim as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Protean P '\',l:ntials is not regulated by the pennsylvania Public Utility Selvice. 5. Admitted in part and denied in part. It is admitted only that the motor vehicle engine which is the subject matter ot the instant lawsuit was purchased on behalt ot Protean potentials by its agent, Brungard. The remaining averments ot Paragraph 5 are specifically denied. 6. Admitted. 7. Admitted. I. PreliminarY Ob1ection in the Nature ot Demurrer 8. No responsive pleading is required as Defendants have agreed to withdraw Count I of their Counterclaim. 9. No responsive pleading is required as Defendants have agreed to withdraw Count I of their Counterclaim. - 2 - 10. No responsive pleading is required as Defendants have agreed to withdraw Count I of their Counterclaim. 11. No responsive pleading is required as Defendants have agreed to withdraw Count I of their Counterclaim. II. preliminary Objection in the Nature of a Demurrer to Count. II and IV 12. Admitted. 13. Denied. The averments of Paragraph 13 contain conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments are specifically denied. 14. Denied. The averments of paragraph 14 contain conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments are specifically denied. 15. Denied. The averments of Paragraph 15 contain conclusions of law to which no responsive pleading is required. To . 3 - CBRTIPICATB OP SBRVICB I hereby certify that on February 7, 1997, a true and correct copy of Defendants' -DBPBNDANTS' ANSWBR TO PLAINTIFF'S PULDlINARY OBJBCTIONS TO DBPBNDANTS' COtlNTBRCLAIK- was served by means of United States mail, first class, postage prepaid, upon the following: John F. Lyons, Connelly, Reid 108-112 Walnut PO Box 963 Harrisburg, PA Eequire 6< Spade Street 17108 j)a.JktL t'. \\\t.tJ~ Paulette E. McGraw ~.. (".1, (," <', ~\' '.'.;\ 1~ L ,. <" " C. 4" I' ., i~ , ( t;j <. .' l~_ <. r- .,,:- ...)