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Home My WebLink About00-00339 '-I RICHARD LEBO and DONNA LEBO, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. :LbO/) - J39 C-U.rd (~ KAPLANS CAREFUL CLEANERS, Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 "~ '"j RICHARD LEBO and DONNA LEBO, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 267JV' 339 Civd .,~ KAPLANS CAREFUL CLEANERS, Defendant COMPLAINT 1. Plaintiffs, RICHARD LEBO and DONNA LEBO, husband and wife, are adult individuals currently residing at 395 Shady Lane, Hummelstown, Pennsylvania 17036. 2. Defendant, KAPLAN CAREFUL CLEANERS, is a business with its primary place of business located at 3607 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On May 21, 1998, Plaintiffs purchased a wedding gown at Gowns By Design for their upcoming wedding for a total of $2056.40. 4. On June 27, 1998, the couple was married. At the reception, red wine was spilled on the bride's wedding gown. 5. On June 29, 1999, Robert Lebo (the groom I s father) contacted Gowns By Design to inquire as to what should be done about the stains. Jennifer Martin, owner, recommended that the gown be taken to Kaplan Cleaners for cleaning and preservation. 6. On June 30, 1998, Robert Lebo took the gown to Kaplans to be cleaned. At the cleaners, he was assured that there would be no problem in removing the wine stains. Also, a $20 deposit for the dry cleaning was paid by Robert Lebo. - .1 . . 7. Despite these assurances, the dress while in the possession of Kaplans, was damaged beyond repair. 8. Despite numerous demands, Kaplans has failed and refused to replace the gown or reimburse Plaintiffs for the damage. COUNT I BREACH OF CONTRACT 9. The averments in paragraphs 1 through 8 are incorporated by reference thereto. 10. The Plaintiffs and Kaplans entered into an agreement whereby Kaplans agreed to clean the Plaintiffs I wedding dress. 11. Kaplans breached this agreement by failing to clean the dress and by damaging the dress during the process. 12. Plaintiffs suffered direct and consequential damages as a result of Kaplans' breach. WHEREFORE, Plaintiffs respectfully request the Court enter judgment against Defendant in an amount under $30,000, said amount being the jurisdictional amountfdrma.ndatory arbitration. COUNT II NEGLIGENCE 13. The averments in paragraphs 1 through 12 are incorporated by reference thereto. 14. Kaplans undertook a duty to attempt to clean Plaintiffs' dress. 2 ., , . , 15. Due to the negligence of Kaplans, the dress was damaged beyond repair during the cleaning process. 16. Plaintiffs were damaged as a direct and proximate result of the negligence of Kaplans. WHEREFORE, Plaintiffs respectfully request the Court enter judgment against Defendant in an amount under $30,000, said amount being the jurisdictional amount for mandatory arbitration. COUNT III UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 17. Plaintiffs hereby incorporate paragraphs 1 through 16 by reference as if set forth at length herein. 18. The Unfair Trade Practices and Consumer Protection Law defines unfair methods of competition to include the following: (vii) . Representing that goods or services are of a particular standard, quality or grade, or that the goods are of a particular style or model, if they are of another. 19. Section 201-9.2 (a) of the Unfair Trade Practices and Consumer Protection Law, authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations of the Act. 20. Plaintiffs aver that Kaplans violated the Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Plaintiffs respectfully demand judgment in their favor and against Defendant in an amount equal to three (3) times 3 '~ - ,1- -j , ~ ~ - , the purchase price of the subj ect vehicle, plus all available collateral charges and attorney fees. Respectfully submitted, KILLIAN & GEPHART Esquire 17108-0886 Dated: January 18, 2000 Attorneys for Plaintiffs 4 . , ..1-. '......Ii;;' j . . VERIFICATION I, Bradley A. Bchutjer, hereby verify that I am the attorney for Plaintiffs, RICHARD LEBO and DONNA LEBO, husband and wife. I have sufficient knowledge or information based upon investigation into this matter by my client, to take this Verification. I hereby verify that the statements in the foregoing COMPLAINT are true and correct to the best of my knowledge, information, and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C.B.A. !l4904 relative to unsworn falsification to authorities. Dated: January 18, 2000 iii""" ,'0- -,i~."c. r~ ~ .c. '" " \\ 0 "'\. 'ol <:.. '" ~'" ~- , ............." ~" ~, ~ '" " iiiioIi "" .' , . ~;g -U.OJ '- ~~ ,.?2" ~~ '"" !<O "~ ~O :l:: ~O c '!! z :;t. ~ "' ,,. o -n . --i -r m:D .. "-nH1 :.CJO Q..L ::;:!~~ --.il <;;?o Om ,--i :!O '-< (0) ~ j? "lI ~"I~ ~&~ I/) t. r ,-~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-00339 P COMMONWEALTH OF PENNSYLVANIA: CQUNTY OF CUMBERLAND LEBO RICHARD ET AL VS KAPLANS CAREFUL CLEANERS HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KAPLANS CAREFUL CLEANERS the DEFENDANT , at 0016:06 HOURS, on the 19th day of January 2000 at 3607 MARKET ST CAMP HILL, PA 17011 by handing to DALE KAPLAN (OWNER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 So Answers: r~~c R. Thomas Kline 01/21/2000 KILLIAN & GEPHART Sworn and Subscribed to before By: ~i},,~ Deputy She ' f me this ;}~ day of j..JJ.A" A',,;M-uf) A. D - q 'ip' CI )1ueL ~ rothonotary , ., , \ ~ ~ LATSHA DAVIS & YOHE, P.c. By: Chadwick O. Bogar Identification No. 83755 4720 Old Gettysburg Road Mechanicsburg, P A 17055 Telephone No.: (717) 761-1880 Attorney for Plaintiff ~ ,.' 1-, '_- '! Richard Lebo and Donna Lebo, Husband and Wife, Plaintiffs v. Kaplan Careful Cleaners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-339 Civil Term CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Latsha Davis & Y ohe, P.c., and the undersigned on behalf of Plaintiffs, Richard and Donna Lebo, in the above-captioned matter. Dated: 5/ ~ / z..::....c 56437,1 Respectfully submitted, LATSHA DAVIS & YOHE, P.c. <- ~ By ..- Chadwick O. Bogar Attorney I. D. No. 83755 P. O. Box 825 Harrisburg, P A 17108-0825 (717) 761-1880 t. ~~ - ~- - Attorney for Plaintiffs, Richard and Donna Lebo -~-"I "1" . , CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe For Entry of Appearance was served by first-class United States mail, postage prepaid, upon the following in conformity with Pennsylvania Court Rules: Gary Connor 9690 Deerec Rd. Suite 210 Timonium, MD 21093 Dated:.s!Z/Z - ~-o / ~/ . - ~~ - Chadwick O. Bogar 56437,1 IiilIIiiiiIDJi -to!:.. """""~=-,,.",~ -~''''"'''''''~a-- ~ ~ ~ ' ,.., 'c".", ...', ~. 0 Cl 0 C 0 " <" ::1l: .-, -~ -Om ;po ~L-n n"lfTl -< nl.- Z::c r- :z:e- I "r-..m c15 ...,- w 8? =.. r>f'c .:::J~t <~' " ,~:ii :p ~ zO -- '0 )>>2 ~ Zm 0 ~- --j :z: ~ ::< (T\ .. . . -~ '-ae , "...1 , , ,..J '" LATSHA DAVIS & YOHE, P.C. By: Chadwick O. Bogar Identification No. 83755 4720 Old Gettysburg Road Mechanicsburg, PA 17055 Telephone No.: (717) 761-1880 Attorney for Plaintiff Richard Lebo and Donna Lebo, Husband and Wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 2000-339 Civil Term Kaplan Careful Cleaners ClVIL ACTION - LAW ORDER TO DISCONTINUE To Prothonotary: Kindly mark the above case "Settled, Discontinued and Ended," upon payment of Prothonotary's costs only. Dated: S!'-Z I~ Respectfully submitted, LATSHA DAVIS & YOHE, P.e. ,,~0~ By_ Chadwick O. Bogar Attorney I. D. No. 83755 P. O. Box 825 Harrisburg, P A 17108-0825 (717) 761-1880 Attorney for Plaintiffs, Richard and Donna Lebo 56437,1 .~-- _,-'''- 1-. 'C ~ ,,- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Order to Discontinue was served by first-class United States mail, postage prepaid, upon the following in conformity with Pennsylvania Court Rules: Gary Connor 9690 Deerec Rd. Suite 210 Timonium, MD 21093 Dated: 517-~ I ~ ~';;g" ~ 56437.1 Ir il ,_. ~; ,~"""~-,.,~-, '..'M...._.__ ...', c- - " ~ ' o c: z:'" -Ol-.G rniT; ~~: ~~(j .,--' .-, /"':;:.(:.-:l, )";;< f':': -." ::::::i -< , ., o c::> o "n :::J :~-:;;:1 ."oM ;.~6 ,~ ----; .,--li ,"') :!I ::-'70 Om ..,4 ?o '< ~ N 0' v -""" 1'-) ~ ,0 .