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HomeMy WebLinkAbout00-02900 ; ~ , u 1_"""':" . , LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW vs. LARRY J. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., Defendants : NO. CO-;294J CIVIL TERM : IN REPLEVIN : JURY TRIAL DEMANDED 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 claims 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 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, Pennsylvania 17013 Telephone: (717) 249-3166 (800) 990-9108 BY~ f~..a C\~'J:' Bruce A. Grove, Jr., Esquire 1513 Cedar Cliff Drive Camp Hill, PA 17011 (717) 763-4167 Attorney for Plaintiffs , ~-_:_,_-: . , LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. : NO. 6-0- ;;; q(yO CIVIL TERM LARRY J. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., Defendants : IN REPLEVIN : JURY TRIAL DEMANDED COMPLAINT IN CIVIL ACTION - REPLEVIN AND NOW, TO WIT, this ~ay of May, 2000, come the Plaintiffs by their attorney, Bruce A. Grove, Jr., Esquire, and file the following Complaint against the Defendant, and respectfully aver the following: 1. PARTIES 1. Plaintiffs, LINDA L. EARNEST and LLOYD C. EARNEST, are adult individuals, and husband and wife, and they currently reside at 719 Heck Hill Road, Lewisberry, York County, Pennsylvania 17339. 2. Defendant, LARRY J. RUNK, JR., upon information and belief, is an adult individual who owns and operates, as a sole proprietorship, a mechanical and welding company; the Defendant conducts his business under the trade name of BILL'S MECHANICAL AND WELDING COMPANY, said business being located at 254 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, at the times hereinafter referred to, was an automobile restoration and body repair contractor responsible to do and perform all labor and superintendence and skill and body Page 1 .-.~.. - .. ...c .J ~',"", . , repair work necessary to restore a 1974 Volkswagen "Beetle" automobile owned by the Plaintiffs and titled in this Commonwealth solely in the name of Linda L. Earnest, Plaintiff herein. All restoration and body repair work were to be performed by Defendant at his place of business, namely, Bill's Mechanical and Welding Co., Carlisle, Pennsylvania. 4. All events material to this cause of action occurred in Cumberland County, Pennsylvania. II. GENERAL ALLEGATIONS 5. Paragraphs 1 through 4 of the Complaint are incorporated herein by reference as if set forth at length. 6. On September 15,1995, the Plaintiffs and Defendant entered into a written agreement prepared by the Defendant whereby the Defendant agreed to restore "'74 VW Beetle for Lloyd and Linda Earnest" and Plaintiffs agreed to pay Defendant for this restoration work as bills were presented to them by Defendant on a time and materials basis; a true and correct copy of this written agreement is attached hereto, made a part hereof, and marked as Exhibit "A". 7. In addition, and pursuant to an oral understanding between the Plaintiffs and the Defendant, any an all Volkswagen parts necessary for the Defendant to do the required body work on the car would be supplied to the Defendant by the Plaintiffs. 8. On September 15, 1995, the Plaintiffs gave possession of their 1974 Volkswagen automobile and assorted "parts" to the Defendant at Bill's Mechanical and Welding Co. in Carlisle, Pennsylvania. 9. On September 15, 1995, the Plaintiffs advised the Defendant that the engine in the car Page 2 ;;-' ~... '" ~- b",<_ had recently been rebuilt and, therefore, required no work by the Defendant; the Defendant's sole contractual responsibility was to do and perform the work necessary to restore the car's body. 10. By virtue ofthe aforestated contract(s), Plaintiffs and Defendant entered into t!J.e special fiduciary relationship of Bailor and Bailee. 11. By virtue of the aforestated contract(s), Defendant assumed a duty to exercise good faith and utmost fairness in all his dealings with Plaintiffs. 12. From September, 1995 and continuing through all of calendar year 1996, the Defendant performed no body work whatsoever on the car despite Plaintiffs' numerous telephone inquiries and requests regarding the progress of the work on their car. 13. From September 15, 1995 through March 1, 2000, the Plaintiffs telephoned the Defendant on eighty-seven (87) separate occasions regarding the progress Defendant was making toward completion of the body work restoration on their 1974 Volkswagen; a true and correct copy of the Plaintiffs' personally prepared list of telephone calls made to the Defendant during this time period is attached hereto, made a part hereof, and marked as Exhibit "B". 14. Similarly, from September 15,1995 through March 1, 2000, the Plaintiffs went to the Defendant's place of business in excess of fifteen (15) times for the express purpose of confronting the Defendant as to when the car restoration work would be completed. 15. Between September 15, 1995 and February 8,1999, the Plaintiffs have paid the Defendant a total of$18,856.65 for body restoration work allegedly performed by Defendant; a true and correct copy of the Plaintiffs' personally prepared list of checks issued to the Defendant during this time period is attached hereto, made a part hereof, and marked as Exhibit "C". Page 3 ;.->>..' :I~,,",{.,c 16. Commencing September 15, 1995 and continuing to the present, the Defendant has never submitted an itemized bill to the Plaintiffs nor given them a detailed written account of his hours oflabor worked and parts purchased, although requests so to do were made of him on numerous occasions by the Plaintiffs. 17. On March 20,2000, Plaintiff, Lloyd C. Earnest, wrote a letter to the Defendant indicating, inter alia, that he would pick the car up on April 1, 2000 and also demanding of the Defendant that he produce a detailed written accounting to date; a true and correct copy of this letter is attached hereto, made a part hereof, and marked as Exhibit "D". 18. At all times material herein, Plaintiffs cooperated with the Defendant to the fullest extent in accordance with the terms of their contractual relationship with Defendant. III. COUNT I - REPLEVIN 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference as if set forth at length. 20. Plaintiff, Linda 1. Earnest, owns and is entitled to the immediate possession of the following personal property: 1974 Volkswagen (2) Door Coupe Vehicle Identification Number: 1142457760 This automobile is presently in the possession and control of the Defendant at Bill's Mechanical and Welding Company, 254 East North Street, Carlisle, Pennsylvania. Page 4 e' " ~~'^ 21. The basis of the Plaintiffs ownership of said 1974 Volkswagen is as follows: Commonwealth of Pennsylvania Certificate of Title For a Vehicle Title Number: 26545951305 EA VIN Number: 1142457760 Date Issued: March 6, 1989 A true and correct copy of the Plaintiff's Certificate of Title is attached hereto, made a part hereof, and marked as Exhibit "E". 22. The present value of said 1974 Volkswagen is $1,000.00. 23. Defendant obtained lawful possession of the automobile from the Plaintiffs on September 15, 1995 by virtue of a written contract attached hereto as Exhibit "A" and the averments of the Plaintiffs as set out more specifically in paragraphs 1 through 18 of this Complaint. 24. Defendant has wrongfully detained said property since April 12, 2000 and still wrongfully detains said property at 254 East North Street, Carlisle, Pennsylvania 17013. 25. On March 20, 2000, Plaintiff, Lloyd C. Earnest, demanded in writing that Defendant return said property to the Plaintiffs, but Defendant refused and still refuses to comply with said demand; a copy of the Plaintiffs March 20, 2000 letter of demand is attached hereto, marked as Exhibit "D", and by reference made a part hereof. 26. Plaintiffs have been and will continue to be damaged by Defendant's wrongful detention of Plaintiffs' 1974 Volkswagen automobile in an amount which cannot be computed until the removal of Plaintiffs' property from Defendant's place of business is complete, including but not limited to amounts expended in recovering Plaintiffs' automobile, the cost of Page 5 ,,.,.. obtaining a Bond for a Writ of Seizure, and the cost of manpower and equipment to remove Plaintiffs' automobile from the Defendant's place of business. 27. Defendant's wrongful detention of Plaintiffs' 1974 Volkswagen has been outrageous, willful, wanton and/or in reckless disregard of Plaintiffs' rights, and Plaintiffs therefore seek recovery of punitive damages. WHEREFORE, Plaintiffs respectfully request that this Court grant the following relief: 1. Award immediate possession to the Plaintiffs of the property described in Exhibits "A" and "E"; 2. Award the Plaintiffs compensatory damages in an amount to be proven at trial; 3. Award the Plaintiffs punitive or exemplary damages in the amount of $5,000.00; and 4. Award the Plaintiffs interest and costs and reasonable attorney's fees to the extent allowed by law. 5. Any and all other relief which this Court deems appropriate. 6. The damages being demanded do not exceed the arbitration limits set forth in the local rules of Court. IV. COUNT II - ACCOUNTING 28. Paragraphs 1 through 27 of the Complaint are incorporated herein by reference as if set forth at length. 29. The Defendant, Larry J. Runk, Jr., has had the Plaintiffs' 1974 Volkswagen "Beetle" Page 6 .""""" "'-~~''''''~W'''-. automobile in his possession and control from September 15, 1995 to the present date, as aforestated. 30. Between September 15,1995 and February 8,1999, the Plaintiffs have paid to the Defendant the total sum of $18,856.65 for body restoration work to the car allegedly performed by the Defendant; a copy of the Plaintiffs' itemization of checks issued to the Defendant in this regard is attached hereto, marked Exhibit "C", and by references made a part hereof. 31. There is a valid written contract between the parties whereby the Defendant agreed that he "will charge by time and material" and "will call customer as work progressed"; a copy of this contract is attached hereto, marked Exhibit "A", and by reference made a part hereof. 32. The contract imposes a legal duty upon the Defendant, as Bailee, to account to the Plaintiffs for the monies received by the Defendant over the years involved. 33. The Defendant has continually breached his contractual duty to account to the Plaintiffs for the monies he has received from the Plaintiffs between September 15, 1995 and February 8,1999, namely, the sum of$18,856.65. 34. The Plaintiffs have repeatedly demanded of the Defendant that he account to them as to how the sum of $18,856.65 was expended by him relative to restoration work on the Plaintiffs' automobile. 35. The Defendant has continuously refused since September 15, 1994 to the present time to account to the Plaintiffs as to how Plaintiffs' monies were being expended and Defendant has also continuously refused to submit to the Plaintiffs a written itemized accounting of the number of hours he has worked on the car and any materials/parts allegedly purchased for the Page 7 ,'"-, purpose of the restoration work, even though Plaintiffs have repeatedly requested such an itemized accounting. 36. On April 12, 2000, the Defendant advised Plaintiff, Lloyd C. Earnest, who went to the Defendant's place of business to pick up the automobile, that the car restoration work was still unfinished and that Defendant would not release the automobile to the Plaintiffs unless he was immediately paid the sum of $4,000.00 in cash. 37. Plaintiffs are unable to state what amount might be due them as no accounting has ever been rendered to them by the Defendant, although one has repeatedly been requested by the Plaintiffs. WHEREFORE, Plaintiffs demand that the Court enter an Order directing the Defendant to account fully to the Plaintiffs and, further, Plaintiffs demand Judgment against the Defendant for the amount shown to be due to Plaintiffs by such accounting, with interest and costs of suit. V. COUNT III - BREACH OF CONTRACT 38. Paragraphs 1 through 37 of the Complaint are incorporated herein by reference as if set forth at length. 39. The actions of the Defendant as aforesaid are willful and constitute a material breach and default by the Defendant of the Contract entered into between Plaintiffs and Defendant, as follows: A. By failing to send "time and material" bills to the Plaintiffs relative to the body restoration work allegedly completed, although expressly obligated so to do; Page 8 -'"11' -- ~" ,,"- B. By failing to commence any body restoration work whatsoever on the Plaintiffs' automobile for more than fifteen (15) months following Defendant's receipt of the automobile on September 15, 1995; and C. By failing to have completed the body restoration work on the Plaintiffs' automobile as of April 12, 2000, a period of four years and seven months after the Defendant's contract commenced on September 15, 1995, and despite having received from the Plaintiffs the sum of$18,856.65 during this time period for body restoration work allegedly completed. 40. As a direct and proximate result of the aforestated actions of the Defendant, the Plaintiffs have suffered and continue to suffer serious financial injury, including, but not limited to: loss of use of their 1974 Volkswagen, loss of the monies owed to them by the Defendant as will be determined by the Defendant's "time and material" records accounting, loss of the use of said monies, lost interest on the money and other such damages as may be discovered. 41. Between September 15,1995 and April 12, 2000, the Plaintiffs submitted numerous oral, personal and written communications to the Defendant, repeatedly demanding that the Defendant submit billings and complete body restoration work on the automobile; despite these repeated demands by the Plaintiffs that the Defendant cure his breach of the Contract, the Defendant has filed and refused to give an accounting or complete body restoration work. 42. At all times material hereto, the Plaintiffs have fully and satisfactorily conformed and complied with all terms and conditions required of them under the Contract. WHEREFORE, Plaintiffs demand Judgment in their favor and against the Defendant for: Page 9 ;I" ,-~ ~~,-," (1) the compensatory damages shown to be due to Plaintiffs by an accounting and in an amount to be proven at trial; (2) reasonable attorney fees, interest and all other costs incurred in connection with this Replevin action; and (3) any and all other relief which this Court deems appropriate. VI. COUNT IV - BAD F AlTH 43. Paragraphs 1 through 42 of the Complaint are incorporated herein by reference as if set forth at length. 44. By virtue of the above-stated written Contract there existed between Plaintiffs and Defendant the following relationship of Bailor and Bailee. 45. Defendant has breached his duty of good faith and fair dealing with Plaintiffs as follows: (A) By using deception and trickery to obtain $18,856.65 in monies from the Plaintiffs between September 15,1995 and February 8,1999 relative to body restoration work allegedly performed by Defendant on Plaintiffs' Volkswagen even though Defendant consistently refused to submit, and did not submit, any itemized bills regarding hours worked or materials paid for and used; (B) By using deception and trickery whenever Plaintiffs verbally demanded "status reports" on the car by orally informing them on numerous occasions that the car would be furnished on dates certain and then subsequently advising Plaintiffs he needed Page 10 ,~~- ~-~"'.~"'" still more time; (C) By unreasonably and maliciously threatening on April 12, 2000, to terminate work on the automobile unless he was immediately paid the swn of $4,000.00 in cash by the Plaintiffs; (D) By unreasonably and maliciously refusing on April 12, 2000, to turn over the automobile to Plaintiff, Lloyd C. Earnest, who appeared at the Defendant's place of business that day for the express purpose of obtaining immediate possession of the vehicle; (E) By unreasonably disregarding his contractual duty to complete the body restoration work in a timely manner; (F) By unreasonably and maliciously advising the Plaintiffs on April 12, 2000 that body restoration work on the car was still not completed; (G) By unreasonably and maliciously harassing the Plaintiffs in April, 2000 by demanding another $8,000.00 before body restoration work on the car could be completed; and (H) By performing other outrageous, malicious and unreasonable acts in derogation of his implied duty of good faith and fair dealings. 46. As a direct and proximate result of Defendant's breach of his implied duty of good faith and fair dealings, Plaintiffs have suffered the injuries set forth above. WHEREFORE, Plaintiffs request that the Court take the following action: (1) Award the Plaintiffs compensatory damages, together with interest due and Page 11 d ,-- -''''''*i.'~_ costs of suit, in an amount to be determined and/or proven at trial; (2) Award the Plaintiffs punitive or exemplary damages in the amount of $5,000.00; (3) Assess attorney's fees against the Defendant; (4) Any and all other relief which the Court deems appropriate; and (5) The damages being demanded do not exceed the arbitration limits set forth in the local rules of Court. Respectfully submitted, B;. K..- __ ~~....:: ~-.: BRUCE A. GROVE, JR., ESQUl Sup. Ct. LD. #15502 1513 Cedar Cliff Drive Camp Hill, P A 17011 (717) 763-4167 Attorney for Plaintiffs Page 12 . ~~ ~-#_fM,d, VERIFICATION I, LINDA L. EARNEST , verifY that the statements made in this REPLEVIN COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: May 9, 2000 ,~K~'Y\~ d &uwu~ ( x ) Plaintiff ( ) Defendant -'"""',,, VERIFICATION I, LLOYD C. EARNEST , verifY that the statements made in this REPLEVIN COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: May 9, 2000 ~/e~ ( x ) Plaintiff ( ) Defendant ....,..--.----.".....,~~.....,..._---......,._~.- ,.._-~...... . ~r",,A:.- ' ...-.~. . -115 PIPE 8: SUPPLY CO., INC, . . ~~iiJt;r'-~.::~SJ'"'~;:?~3 ::~~"i&till'JU;-~~"1I:~~..!1._ " 1301 WICOMICO !3TREEf' P.O. BOX 6367 . BALTIMORE, MARYLAND 21230-0367 ! LOCAL I . WATS I FAX 410.539.8000 I . 1.800.368.8880, 1.410.539.4819 .. i q.. \r.). t1~ , ~,\\'s \.0t\d\~ \"vll \ ~Jt$\tl[~ -1 <4- \J w ~.).~\Le.. -t~~ \.-l<>-t b \-- . ;' "'\~-i\EJ~QNt5t \ iJ-i i \ ~ d\1~~~ \~"\M.Q..\- W\l\te.tir\\ \;.YJm"~ "t \OOO.w -\-0 ~d ~wo~ ~ ~a, 1\ WO'5\'~ ~ . 3'50,'" \JJI'n ~,\,)~~..., CN 0.-1 '5 -~....) I wi! I cAll <:"".I<)-t.J'AQ.'l ~'" ~tf\ p4:>~(k.'Se5, .,., -. OPEt4 7:00 AM-12:00 NOON SATURDAYS EXHIBIT "A" "~ -- " '-~'-~I.iL-' ,-. -, > -",,,,<<,,.h' --"I~""..<;- ."""""'_""""".'.""""',;;l,,", " ~ >1 "'~ll>l""'~~,,'1'.'~->">T'~"" Telephone Ca 11 s to 717 243-0338 Year Date Minutes Time $Amount 1995 08/17 2 10:20AM .35 09/14 2 3: 10PM .35 09/30 2 12:36PM .14 10/20 6 6:18PM .55 10/20 1 6:30PM .15 11/17 6 7:02PM .55 12/06 2 3:22PM .35 12/16 2 3:41PM .14 12/22 10 5:30PM .87 12/23 16 12:40PM .83 1996 01/16 4 6:34PM .39 01/22 2 4:02PM .35 01/23 1 6:30PM .15 02/26 3 3:53PM .48 04/03 1 7:52PM .15 04/12 6 3:09PM .B5 04/22 2 1:40PM .35 05/13 2 7:02PM .23 06/05 1 6:29PM .15 06/11 2 4:11PM .35 10/11 1 6:32PM .15 10/14 2 10:40AM .35 12/11 5 7:24PM .47 1997 02/11 3 4:46PM .48 02/24 9 5:08PM .79 03/28 1 4:00PM .23 04/28 1 3:44PM .23 OS/21 2 5:08PM .23 06/19 2 4:37PM .35 07/15 5 3: 10PM .72 08/25 2 3 : 11 PM .35 08/26 2 5:16PM .23 09/24 3 4:45PM .48 10/01 2 8:16PM .23 10/03 3 3:16PM .48 10/07 1 4:46PM .23 . 10/09 1 4:45PM .23 10/28 2 5:09PM .23 12/05 3 2:36PM .48 12/15 3 5:03PM .31 12/19 2 5:07PM .23 1998 01/03 9 11: 13AM .48 01/17 4 11 : 54AM .24 01/19 1 9:21AM .23 01/28 2 7:22PM .23 02/02 1 6: 13PM .15 02/17 3 5:52PM .31 02/25 2 5:04PM .23 02/28 1 10:00AM .09 03/14 5 12:18PM .29 03/20 9 3: 16PM 1. 22 EXHIBIT "B" i " " " .,-lJl',~, :' ,/ Year Date Minutes Time $Amount 1998 04/10 3 11:32AM .33 04/10 1 12:54PM .11 04/15 2 5 : 14 PM .22 05/05 3 3:43PM .33 OS/27 2 3:08PM .22 06/02 1 3:22PM .11 06/10 2 3:35PM .22 06/10 12 3:53Pm 1. 32 06/18 2 3:29PM .22 06/19 3 11 : 43AM .33 07/20 2 12:42PM .22 08/14 5 3:08PM .55 09/10 4 6:29PM .44 09/28 1 3:23PM .11 09/29 2 4:45PM .22 10/29 2 3:12PM .22 11/10 4 6:18PM .44 11/23 2 7:43PM .22 12/05 3 9:00AM .33 1999 01/09 6 3:39PM .66 01/30 4 11 : 05AM .44 02/06 1 9:21AM . 11 02/08 2 3:25PM .22 03/09 8 3:14PM .88 04/05 7 3: 10PM .77 04/05 22 3:31PM 2.42 04/06 13 3:20PM 1. 43 05/01 9 3:06PM .99 05/:;!6 1 3:23PM . 11 06/15 12 8:28PM 1. 32 06/28 3 4:36PM .33 08/04 1 4:53PM .11 09/07 28 7:08PM 3.08 09/27 6 4:35PM .66 . 10/06 1 3:27PM .11 1.2/04 5 12:26PM .55 2000 01/19 3 03/01 2 3: 16PM .22 ;.~ ~ "" ='" --~- 's","'-c- - Date lImount Payee Check #: 09/15/95 $ 350.00 Bills Welding (deposit) 1443 11/22/95 640.00 Larry Runk 1462 03/01/97 922.65 Bills Welding 1593 03/29/97 1,644.00 Larry Runk 1601 04/28/97 4,000.00 Larry Runk 1612 10/12/97 4,500.00 Larry Runk 505 11/22/97 2;500.00 Bills Welding 1664 01/20/98 1,300.00 Larry Runk 526 05/14/98 1,000.00 Larry Runk 1700 07/22/98 1,000.00 Larry Runk 563 02/08/99 1,000.00 Larry Runl<: 616 $18,856.65 EXHIBIT "e" '':1. " , - ~'~~,.""-~~" '- '.'/..,-""_....""',..,,"',~,_."'< 7 ~-...,....~~..(ll~ .'>,,- .,," .000<>.'."."",V"'.'." ~.'" .. . . . . . . . "II~ IIIXk Hill Hflad LcwJsbcrry, tA 17."Y Mondl1Y, "-flItch 2d, toou . . Ui!I'lJillll.I.... _. .. . , . , '. I!'~II:'I"'''" I. " '. m' ,III" ". l'ImJ" 'I., , I,U~~:' : 'Ih ,. .ti,II"I'm.'" : W"'t~..,W: 'H,I",~,I!tm':.,il,'lj,.i,IiIIIlID[I!i'i'I', Id,' "'I'!!:'" 'tm'mlll '. I .' 'I" 'I'.,.. '. . 'I '1' 'I,,' '1M' . " 1"1" ".' , ,., ,. 11' '"H'," ., 1"'111111111"""'1'1"" .,' . H.ll,fl'!"f/:r.;:', ..",,f, '. " ",.,' , ' . .I ,. ..:' II . ,.,...' . "j., '. ..' ; 't!. ".l:IJ1. i! .fl,:.' ' I ';. . ','1,' 'n.1 .,:. ,Ilk ,,,:,' !,\""".. ,.., . ., 234 J>. NurU. Sltwl CarlisI", Pa J 70 13 IJt:ur Mr. /tullk; TIll. leU", will ."rW lu """Ilrmmy 11Isllu~UulI. reganllllg Ihe wurl<. beiug <IulIe UlI my 1974 VW bug, wbl~b yuu tUlve ItlKl.llI"" Seplelllber 13, 1993, per uur (elepltulIe wJ1venaUull uLl'rl<lay, Mun:h 17, 2000. Agalll, !fyuu w/llllulbo: pulllUlIg Ulecar Ull Frl<lay, Marclt 24, 200U please huve il reu<ly lor llIe lullrlw hume uu Satllfliay, Murch 23, 20UO. U'yuu will be puillUug Ule car Ull March 24,2000, I will be up un Salur<lay, April I, 2000 lu pl~k II up. I will be III wlIlu~1 witlt yuu Ull Fri<lay, March 24. ......2UOO by tclcphollc to discuss 0 lIlululOlly oo;o;cplOblc IImc 011 CIUICl' Ihc 25th or OIC I' fOrlllC 10 gcl O,c ::;:M!P~Cit.~:~:.,.. ';;lIW~th::..J:IW ',' .,' ir"~d'H~.~ Ome that I pick up the car I would like a detailed accounting of your hours worked and ).'.'.;miU'ilfu!'chased os well os tile puyments we have made toward the work you have done from <it,t;." IlM~I:H'~. 1995 to cbtle. These checks will have been made oulto Bill's Welding and 1110StlV :~ f)lf% :;~f\~!U~~}~.. . '<':~~M!tHMt~@:~~%MR.... ~~@t~~1~1Mt~;;:f.~;:;':'." .. ':,:~,1r,~',j!!r' . "'~"'a~ ..W.'.,..w.".' ,. ,....w....... .'. . ..~:~[::::~.:~~ ...:~':. . ...:...........vd.... ...... . ....'......... L1uy C. wm:sl CC; B. Grove .' EXHIBIT "D" .. .. .. .... .................................. l!~-' ,~ ~_ --r ~il-_~"'"'-',,~ ~~,k, ---_.....~"~_.;"'..."">"....,.~. ) , ) ) J 1 ) EXHIBIT "E" ~1II1!1!~'l:!~~lllillilJ!i~'_~;"i!I"'l~1);t~c!1~_io!.~~llMIiIillr""=< rlill!:.iiit'Bs! i.~:'" -~ ,'~ }~ ~ ~ W " ~ \ <,,- ,_ ~= ~ _,_, , ,_ w..", _ _,__ . " . . ',iiiIIllillllil~iil~ji'1l'~- . ~~ ~IA o c:: ;: up, Pli'" .2: -; i I~ , ~ ::< ~ C> o ::l1: ~ o " ~-j j~j,;.g -', :-,-, ::bo ("'-11 ._c,U :,~:: -oj (::6 ("jrn i:1 ::0 -< -";: I '.0 :t"~ ~ -'~. :J'J '."J . LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs vs. LARRY J. RUNK, JR., tlaBILL'S MECHANICAL and WELDING CO., Defendants ,1':,: . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 00-2900 CIVIL TERM : IN REPLEVIN : JURY TRIAL DEMANDED ORDER AND NOW, this 1t,.J- day of May, 2000, upon consideration of Plaintiffs' Motion For an Ex Parte Issuance ofa Writ of Seizure pursuant to Pa. R.C.P. No. 1075.2, the Prothonotary of Cumberland County is hereby ordered and directed to issue a Writ of Seizure. " . !J-I(1- 0 0 {!--aW ;Sl'UU---c;Q'1'I1IL ,&~ ~ -+k W M q( 6e.lt.w"t-. t.J+ ~ fo ~ WM tv QS, <J \JI-s BY THE COURT, /Y~ Judge '1._ ."n~ _ __I -,. ~-~.<<,~ .e, FllEO-OFF\CE Or 1H:: ?rQw.o~IOTARY GO tm \ S Pl'I 3: I 2 CU\v'iEEt1Li~\lD CO\.Ji\\1'{ PENNS,{LI/l\~M ~,_,_<~,p,,,,,,,....J1~.mii;'~- .-__="""""",...i!!lfiJi!l~ _,,___~ll~ '.-'- " LINDA 1. EARNEST and LLOYD C. EARNEST, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NO. 00-2900 CIVIL TERM LARRY J. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., : IN REPLEVIN Defendants : JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR AN EX PARTE ISSUANCE OF A WRIT OF SEIZURE PURSUANT TO Pa. R.C.P. No. 1075.2 AND NOW, TO WIT, this ~day of May, 2000, come the Plaintiffs by their attorney, Bruce A. Grove, Jr., Esquire, and respectfully move this Honorable Court to issue an EX PARTE WRIT OF SEIZURE pursuant to Pa. R.C.P. No. 1075.2, and in support thereof avers as follows: 1. PARTIES 1. Plaintiffs, LINDA 1. EARNEST and LLOYD C. EARNEST, are adult individuals, and husband and wife, and they currently reside at 719 Heck Hill Road, Lewisberry, York County, Pennsylvania 17339. 2. Defendant, LARRY J. RUNK, JR., upon information and belief, is an adult individual who owns and operates, as a sole proprietorship, a mechanical and welding company; the Defendant conducts his business under the trade name of BILL'S MECHANICAL AND WELDING COMPANY, said business being located at 254 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 1 ~ r ,'~'- ., ~~ ".,"" . , II. FACTUAL BACKGROUND 3. Paragraphs 1 and 2 of this Motion are incorporated herein by reference as if set forth at length. 4. The instant Motion, filed pursuant to Pa. RC.P. No. 1075.2, results directly from the Replevin Complaint filed by the Plaintiffs with the Cumberland County, Pennsylvania Court of Common Pleas on May 9, 2000; a true and correct copy of this Replevin Complaint is attached hereto, made a part hereof, and marked as Exhibit NO.1. III. MOTION FORAN EX PARTE ISSUANCE OF A WRIT OF SEIZURE PURSUANT TO Pa. RC.P. No. 1075.2 5. Paragraphs 1 through 4 of this Motion are incorporated herein by reference as if set forth at length. 6. On September 15,1995, the Plaintiffs ceded possession of their 1974 Volkswagen automobile to the Defendant who has continuously and uninterruptedly maintained custody and control of this vehicle from September 15, 1995 to the present time. 7. The Plaintiffs' Replevin Complaint filed with the Court on May 9, 2000, and attached hereto as Exhibit No.1, alleges, inter alia, in Paragraph 20 thereofthat "Plaintiff, Linda L. Earnest, owns and is entitled to the immediate possession of the following personal property: 1974 Volkswagen (2) Door Coupe Vehicle Identification Number: 1142457760" 8. In addition, the Plaintiffs' Replevin Complaint alleges in Paragraph 25 thereof that by his letter to the Defendant dated March 20, 2000, [Exhibit "D" to the Comolaintl, Plaintiff, Lloyd C. Earnest, demanded the return of the parties' Volkswagen by April 1, 2000. [Emohasis added] 2 ':$ -l$,;,.w <' '-\"i ~; "'_"~,>:<-\O. 9. On April 3, 2000, the Plaintiffs telephoned the Defendant to arrange a mutually convenient time to obtain possession of their vehicle and were advised by the Defendant that unless the Plaintiffs shortly paid him the sum of $8,000.00 CASH, he, the Defendant, was removing the car from his Cumberland County business location to his home in Perry County, where it would be stored until he was paid the sum of $8,000.00. [Emphasis added] 10. In addition, since the Defendant has maintained total custody, possession and control of the 1974 Volkswagen from September 15, 1995 to the present, a period off our (4) years and eight (8) months, therefore, the Plaintiffs reasonably believe that the value of the property and their financial interest in the automobile is being adversely affected since the vehicle has sat idle and undriven for this period of time, thereby causing the Plaintiffs' 1995 totally rebuilt engine to severely deteriorate. 11. The Plaintiffs are filing a Bond pursuant to Pa. R.C.P. No. 1075.3, in the amount of $2,000.00, the Bond being filed contemporaneously with the filing of this Motion with the Office of the Prothonotary for Cumberland County. WHEREFORE, for the foregoing reasons, Plaintiffs respectfully request this Honorable Court to enter an Ex Parte Order, pursuant to Pa. R.C.P. 1075.2, requiring the Prothonotary of Cumberland County to issue a Writ of Summons to the Sheriff of Cumberland County directing 3 "~."-= - ~ .- ~ -"d- ~",~"", him to seize from the Defendant's place of business the Plaintiffs' 1974 Volkswagen (2) Door Coupe. Respectfully submitted, BY~ K-."~ J~~ -j~ BRUCE A. GROVE, JR., ESQur Sup. Ct. LD. #15502 1513 Cedar Cliff Drive Camp Hill, PA 17011 (717) 763-4167 Attorney for Plaintiffs 4 .- ~~ ~ -.-- - --" --~ ,,~~~ VERIFICA nON I Linda L. Earnest , , verify that the statements made in this MOTION FOR EX PARTE WRIT OF SEIZURE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: May 12, 2000 ~lYIJf\ d. (1\l\N\fiD+ ( x) Plaintiff ( ) Defendant . . VERIFICATION I Lloyd C. Earnest , , verifY that the statements made in this MOTION FOR EX PARTE WRIT OF SEIZURE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Dated: May 12, 2000 c4rew- ( x) Plaintiff ( ) Defendant . - ~ -""""""""',,~, , : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 2 ;?" "C'; ; NO. Co -J'1oo CIVIL TERM92'il 6)~~: -<== : IN REPLEVIN !;:; '-, ~C) j;o : JURY TRIAL DEMANDED ~ ,. f. ;. t LINDA 1. EARNEST and LLOYD C. EARNEST, Plaintiffs vs. LARRY J. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., Defendants NOTICE TO DEFEND <--::> 0 c; " :J( ::;:I ;'-'''' -< hi;:g I ~:~~~ ,J:) ~?(~ S; 1",-,.- ;I:-H 20 - '--m 0 .. ~ :.n ..... -< 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 claims 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 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, Pennsylvania 17013 Telephone: (717) 249-3166 (800) 990-9108 __ ,./ fA n, ("', '~ By: r ~~:-;rst<o~ ~- Bruce A. Grove, Jr., Esquire ) 1513 Cedar Cliff Drive Camp Hill, PA 17011 (717) 763-4167 Attorney for Plaintiffs " '~; ,. " LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NO. 60- OlC}DC CIVIL TERM LARRY J. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., : IN REPLEVIN Defendants : JURY TRlAL DEMANDED COMPLAINT IN CIVIL ACTION - REPLEVIN AND NOW, TO WIT, this ~ay of May, 2000, come the Plaintiffs by their attorney, Bruce A. Grove, Jr., Esquire, and file the following Complaint against the Defendant, and respectfully aver the following: I. PARTIES 1. Plaintiffs, LINDA L. EARNEST and LLOYD C. EARNEST, are adult individuals, and husband and wife, and they currently reside at 719 Heck Hill Road, Lewisberry, York County, Pennsylvania 17339. 2. Defendant, LARRY J. RUNK, JR., upon information and belief, is an adult individual who owns and operates, as a sole proprietorship, a mechanical and welding company; the Defendant conducts his business under the trade name of BILL'S MECHANICAL AND WELDING COMPANY, said business being located at 254 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, at the times hereinafter referred to, was an automobile restoration and body repair contractor responsible to do and perform all labor and superintendence and skill and body Page I ~ ,~""-, -. " repair work necessary to restore a 1974 Volkswagen "Beetle" automobile owned by the Plaintiffs and titled in this Commonwealth solely in the name of Linda L. Earnest, Plaintiff herein. All restoration and body repair work were to be performed by Defendant at his place of business, namely, Bill's Mechanical and Welding Co., Carlisle, Pennsylvania. 4. All events material to this cause of action occurred in Cumberland County, Pennsylvania. II. GENERAL ALLEGATIONS 5. Paragraphs I through 4 of the Complaint are incorporated herein by reference as if set forth at length. 6. On September 15, 1995, the Plaintiffs and Defendant entered into a written agreement prepared by the Defendant whereby the Defendant agreed to restore "'74 VW Beetle for Lloyd and Linda Earnest" and Plaintiffs agreed to pay Defendant for this restoration work as bills were presented to them by Defendant on a time and materials basis; a true and correct copy of this written agreement is attached hereto, made a part hereof, and marked as Exhibit "A". 7. In addition, and pursuant to an oral understanding between the Plaintiffs and the Defendant, any an all Volkswagen parts necessary for the Defendant to do the required body work on the car would be supplied to the Defendant by the Plaintiffs. 8. On September 15, 1995, the Plaintiffs gave possession of their 1974 Volkswagen automobile and assorted "parts" to the Defendant at Bill's Mechanical and Welding Co. in Carlisle, Pennsylvania. 9. On September 15,1995, the Plaintiffs advised the Defendant that the engine in the car Page 2 ~ -. had recently been rebuilt and, therefore, required no work by the Defendant; the Defendant's sole contractual responsibility was to do and perform the work necessary to restore the car's body. 10. By virtue of the aforestated contract(s), Plaintiffs and Defendant entered into the special fiduciary relationship of Bailor and Bailee. II. By virtue of the aforestated contract(s), Defendant assumed a duty to exercise good faith and utmost fairness in all his dealings with Plaintiffs. 12. From September, 1995 and continuing through all of calendar year 1996, the Defendant performed no body work whatsoever on the car despite Plaintiffs' numerous telephone inquiries and requests regarding the progress ofthe work on their car. 13. From September 15, 1995 through March 1,2000, the Plaintiffs telephoned the Defendant on eighty-seven (87) separate occasions regarding the progress Defendant was making toward completion of the body work restoration on their 1974 Volkswagen; a true and correct copy of the Plaintiffs' personally prepared list of telephone calls made to the Defendant during this time period is attached hereto, made a part hereof, and marked as Exhibit "8". 14. Similarly, from September 15, 1995 through March 1,2000, the Plaintiffs went to the Defendant's place of business in excess of fifteen (15) times for the express purpose of confronting the Defendant as to when the car restoration work would be completed. 15. Between September 15,1995 and February 8,1999, the Plaintiffs have paid the Defendant a total of$18,856.65 for body restoration work allegedly performed by Defendant; a true and correct copy of the Plaintiffs' personally prepared list of checks issued to the Defendant during this time period is attached hereto, made a part hereof, and marked as Exhibit "C". Page 3 '. liI~I"'orc_"-,","o_ 0-, , ,'~ . -....".'''''''' 16. Commencing September 15, 1995 and continuing to the present, the Defendant has never submitted an itemized bill to the Plaintiffs nor given them a detailed written account of his hours of labor worked and parts purchased, although requests so to do were made of him on numerous occasions by the Plaintiffs. 17. On March 20, 2000, Plaintiff, Lloyd C. Earnest, wrote a letter to the Defendant indicating, inter alia, that he would pick the car up on April 1, 2000 and also demanding of the Defendant that he produce a detailed written accounting to date; a true and correct copy of this letter is attached hereto, made a part hereof, and marked as Exhibit "D". 18. At all times material herein, Plaintiffs cooperated with the Defendant to the fullest extent in accordance with the terms of their contractual relationship with Defendant. III. COUNT I - REPLEVIN 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference as if set forth at length. 20. Plaintiff, Linda L. Earnest, owns and is entitled to the immediate possession of the following personal property: 1974 Volkswagen (2) Door Coupe Vehicle Identification Number: 1142457760 This automobile is presently in the possession and control of the Defendant at Bill's Mechanical and Welding Company, 254 East North Street, Carlisle, Pennsylvania. Page 4 110.'..,.".""."""., 21. The basis of the Plaintiffs ownership of said 1974 Volkswagen is as follows: Commonwealth of Pennsylvania Certificate of Title For a Vehicle Title Number: 26545951305 EA VIN Number: 1142457760 Date Issued: March 6, 1989 A true and correct copy of the Plaintiff's Certificate of Title is attached hereto, made a part hereof, and marked as Exhibit "E". 22. The present value of said 1974 Volkswagen is $1,000.00. 23, Defendant obtained lawful possession of the automobile from the Plaintiffs on September 15, 1995 by virtue of a written contract attached hereto as Exhibit "A" and the averments of the Plaintiffs as set out more specifically in paragraphs 1 through 18 of this Complaint. 24. Defendant has wrongfully detained said property since April 12, 2000 and still wrongfully detains said property at 254 East North Street, Carlisle, Pennsylvania 17013. 25. On March 20,2000, Plaintiff, Lloyd C. Earnest, demanded in writing that Defendant return said property to the Plaintiffs, but Defendant refused and still refuses to comply with said demand; a copy of the Plaintiff's March 20,2000 letter of demand is attached hereto, marked as Exhibit "D", and by reference made a part hereof. 26. Plaintiffs have been and will continue to be damaged by Defendant's wrongful detention of Plaintiffs' 1974 Volkswagen automobile in an amount which cannot be computed until the removal of Plaintiffs' property from Defendant's place of business is complete, including but not limited to amounts expended in recovering Plaintiffs' automobile, the cost of Page 5 ""F obtaining a Bond for a Writ of Seizure, and the cost of manpower and equipment to remove Plaintiffs' automobile from the Defendant's place of business. 27. Defendant's wrongful detention of Plaintiffs' 1974 Volkswagen has been outrageous, willful, wanton and/or in reckless disregard of Plaintiffs' rights, and Plaintiffs therefore seek recovery of punitive damages. WHEREFORE, Plaintiffs respectfully request that this Court grant the following relief: I. Award immediate possession to the Plaintiffs of the property described in Exhibits "A" and "E"; 2. Award the Plaintiffs compensatory damages in an amount to be proven at trial; 3. Award the Plaintiffs punitive or exemplary damages in the amount of $5,000.00; and 4. Award the Plaintiffs interest and costs and reasonable attorney's fees to the extent allowed by law. 5. Any and all other relief which this Court deems appropriate. 6. The damages being demanded do not exceed the arbitration limits set forth in the local rules of Court. IV. COUNT II - ACCOUNTING 28. Paragraphs 1 through 27 ofthe Complaint are incorporated herein by reference as if set forth at length. 29. The Defendant, Larry 1. Runk, Jr., has had the Plaintiffs' 1974 Volkswagen "Beetle" Page 6 automobile in his possession and control from September 15, 1995 to the present date, as aforestated. 30. Between September 15,1995 and February 8,1999, the Plaintiffs have paid to the Defendant the total sum of $18,856.65 for body restoration work to the car allegedly performed by the Defendant; a copy of the Plaintiffs' itemization of checks issued to the Defendant in this regard is attached hereto, marked Exhibit "C", and by references made a part hereof. 31. There is a valid written contract between the parties whereby the Defendant agreed that he "will charge by time and material" and "will call customer as work progressed"; a copy of this contract is attached hereto, marked Exhibit "A", and by reference made a part hereof. 32. The contract imposes a legal duty upon the Defendant, as Bailee, to account to the Plaintiffs for the monies received by the Defendant over the years involved. 33. The Defendant has continually breached his contractual duty to account to the Plaintiffs for the monies he has received from the Plaintiffs between September 15, 1995 and February 8,1999, namely, the sum of$18,856.65. 34. The Plaintiffs have repeatedly demanded of the Defendant that he account to them as to how the sum of$18,856.65 was expended by him relative to restoration work on the Plaintiffs' automobile. 35. The Defendant has continuously refused since September 15, 1994 to the present time to account to the Plaintiffs as to how Plaintiffs' monies were being expended and Defendant has also continuously refused to submit to the Plaintiffs a written itemized accounting of the number of hours he has worked on the car and any materials/parts allegedly purchased for the Page 7 &~J",,,'_I, purpose of the restoration work, even though Plaintiffs have repeatedly requested such an itemized accounting. 36. On April 12, 2000, the Defendant advised Plaintiff, Lloyd C. Earnest, who went to the Defendant's place of business to pick up the automobile, that the car restoration work was still unfinished and that Defendant would not release the automobile to the Plaintiffs unless he was immediately paid the sum of $4,000.00 in cash. 37. Plaintiffs are unable to state what amount might be due them as no accounting has ever been rendered to them by the Defendant, although one has repeatedly been requested by the Plaintiffs. WHEREFORE, Plaintiffs demand that the Court enter an Order directing the Defendant to account fully to the Plaintiffs and, further, Plaintiffs demand Judgment against the Defendant for the amount shown to be due to Plaintiffs by such accounting, with interest and costs of suit. V. COUNT III - BREACH OF CONTRACT 38. Paragraphs 1 through 37 ofthe Complaint are incorporated herein by reference as if set forth at length. 39. The actions of the Defendant as aforesaid are willful and constitute a material breach and default by the Defendant of the Contract entered into between Plaintiffs and Defendant, as follows: A. By failing to send "time and material" bills to the Plaintiffs relative to the body restoration work allegedly completed, although expressly obligated so to do; Page 8 '. " ..,. ~O"",,- B. By failing to commence any body restoration work whatsoever on the Plaintiffs' automobile for more than fifteen (15) months following Defendant's receipt of the automobile on September 15,1995; and C. By failing to have completed the body restoration work on the Plaintiffs' automobile as of April 12, 2000, a period of four years and seven months after the Defendant's contract commenced on September 15, 1995, and despite having received from the Plaintiffs the sum of $18,856.65 during this time period for body restoration work allegedly completed. 40. As a direct and proximate result of the aforestated actions of the Defendant, the Plaintiffs have suffered and continue to suffer serious financial injury, including, but not limited to: loss of use of their 1974 Volkswagen, loss of the monies owed to them by the Defendant as will be determined by the Defendant's "time and material" records accounting, loss of the use of said monies, lost interest on the money and other such damages as may be discovered. 41. Between September 15, 1995 and April 12, 2000, the Plaintiffs submitted numerous oral, personal and written communications to the Defendant, repeatedly demanding that the Defendant submit billings and complete body restoration work on the automobile; despite these repeated demands by the Plaintiffs that the Defendant cure his breach of the Contract, the Defendant has filed and refused to give an accounting or complete body restoration work. 42. At all times material hereto, the Plaintiffs have fully and satisfactorily conformed and complied with all terms and conditions required of them under the Contract. WHEREFORE, Plaintiffs demand Judgment in their favor and against the Defendant for: Page 9 '" - ~ ' ~>>.lW""'- (1) the compensatory damages shown to be due to Plaintiffs by an accounting and in an amount to be proven at trial; (2) reasonable attorney fees, interest and all other costs incurred in connection with this Replevin action; and (3) any and all other relief which this Court deems appropriate. VI. COUNT IV - BAD FAITH 43. Paragraphs 1 through 42 of the Complaint are incorporated herein by reference as if set forth at length. 44. By virtue of the above-stated written Contract there existed between Plaintiffs and Defendant the following relationship of Bailor and Bailee. 45. Defendant has breached his duty of good faith and fair dealing with Plaintiffs as follows: (A) By using deception and trickery to obtain $18,856.65 in monies from the Plaintiffs between September 15, 1995 and February 8, 1999 relative to body restoration work allegedly performed by Defendant on Plaintiffs' Volkswagen even though Defendant consistently refused to submit, and did not submit, any itemized bills regarding hours worked or materials paid for and used; (B) By using deception and trickery whenever Plaintiffs verbally demanded "status reports" on the car by orally informing them on numerous occasions that the car would be furnished on dates certain and then subsequently advising Plaintiffs he needed Page 10 . ""- j"'''''..",.&M."~ still more time; (C) By unreasonably and maliciously threatening on April 12, 2000, to terminate work on the automobile unless he was immediately paid the sum of$4,000.00 in cash by the Plaintiffs; (D) By unreasonably and maliciously refusing on April 12, 2000, to turn over the automobile to Plaintiff, Lloyd C. Earnest, who appeared at the Defendant's place of business that day for the express purpose of obtaining immediate possession of the vehicle; (E) By unreasonably disregarding his contractual duty to complete the body restoration work in a timely manner; (F) By unreasonably and maliciously advising the Plaintiffs on April 12, 2000 that body restoration work on the car was still not completed; (G) By unreasonably and maliciously harassing the Plaintiffs in April, 2000 by demanding another $8,000.00 before body restoration work on the car could be completed; and (H) By performing other outrageous, malicious and unreasonable acts in derogation of his implied duty of good faith and fair dealings. 46. As a direct and proximate result of Defendant' s breach of his implied duty of good faith and fair dealings, Plaintiffs have suffered the injuries set forth above. WHEREFORE, Plaintiffs request that the Court take the following action: (1) Award the Plaintiffs compensatory damages, together with interest due and Page 11 . costs of suit, in an amount to be determined and/or proven at trial; (2) Award the Plaintiffs punitive or exemplary damages in the amount of $5,000.00; (3) Assess attorney's fees against the Defendant; (4) Any and all other relief which the Court deems appropriate; and (5) The damages being demanded do not exceed the arbitration limits set forth in the local rules of Court. Respectfully submitted, By: K'4<--~~~'~~~ BRUCE A. GROVE, JR., ESQUIM Sup. Ct. I.D. #15502 1513 Cedar Cliff Drive Camp Hill, PA l7011 (717) 763-4167 Attorney for Plaintiffs Page 12 ""_,;4,,,,,,,,,,.,..,, , , - ~ ~ " VERIFICATION I, , verifY that the statements made LINDA L. EARNEST in this REPLEVIN COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: May 9, 2000 ,) d.o. c'J... \ 1\ " (~. tilllJ1LL~ ( x ) Plaintiff ( ) Defendant ~"'~ , , . . " , VERIFICA TION I, LLOYD C. EARNEST , , verifY that the statements made in this REPLEVIN COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: r/~/ e ~ May 9, 2000 ( x ) Plaintiff ( ) Defendant ~ - ~"';''''.'' , , , " , """"'--~- '-'~"""_4'~_' _____, '_~r , " ~ ~ ." , . ,..- ~ m PIPE & SUPPLY CO., INC, . . _"fl'J]l'ill;lruJm-1V~Z~ 1301 WICOMICO STREET . P.O. BOX 6367 . BALTIMORE, MARYLAND 21230,0367 LOCAL I . WATS I FAX 410.539.8000 I . 1.800.368.8880 1.410.539.4819 . i t~... \r."). t1~ ; \2>, \\s \.0(\O\~ Wi \ \. {'..o..stt)(!L -14 \jW t'~;t\Le.. -\-c.fL.. \-L~b \-- , \... \ilifl,EY-\QN6l.. i iJJ i \ ~ d\1~€.~ \~ +nY\Q.. \-- rf\nkLir\ \ \.J..YJth,~~ At- \00.0 ,(.0 \- 0 ~-\nd \- wo~ RJhY\ ~a. f\ Wo':,','l at. 3'56 ,OJ ~J)f\~, ~\\)H'-' tN C\-I"S-q....)/will tAI( t.'..>~-\.:v\Q.'t ~~ \j.)':tY-, ~,~.Q;.Se5, ~1i~SL:$l " OPEN 7:00 AM-12:00 NOON SATURDAYS EXHIBIT "A" ~ --",-4i1di." , , ,. " " , " ~ -'''i'"~' " . ~-,.,- .-....,~....~.,.,...-"'.--..., , , , , . . Telephone Calls to 717 213-0338 Year Date Minutes Time $Amount 1995 08/17 2 10:20AM .35 09/14 2 3: 10PM .35 09/30 2 12:36PM .14 10/20 6 6:18PM .55 10/20 1 6:30PM .15 11/17 6 7:02PM .55 12/06 2 3:22PM .35 12/16 2 3:41PM .14 12/22 10 5:30PM .87 12/23 16 12:40PM .83 1996 01/16 4 6:34PM .39 01/22 2 4:02PM .35 01/23 1 6:30PM .15 02/26 3 3:53PM .48 04/03 1 7:52PM .15 04/12 6 3:09PM .85 04/22 2 1:40PM .35 05/13 2 7:02PM .23 06/05 1 6:29PM .15 06/11 2 4:11PM .35 10/11 1 6:32PM .15 10/14 2 10:40AM .35 12/11 5 7:24PM .47 1997 02/11 3 4:46PM .48 02/24 9 5:08PM .79 03/28 1 4:00PM .23 04/28 1 3:44PM .23 OS/21 2 5:08PM .23 06/19 2 4:37PM .35 07/15 5 3: 10PM .72 08/25 2 3 : 11 PM .35 08/26 2 5:16PM .23 09/24 3 4:45PM .48 10/01 2 8:16PM .23 10/03 3 3 : 16 PM .48 10/07 1 4:46PM .23 . 10/09 1 4:45PM .23 10/28 2 5:09PM .23 12/05 3 2:36PM .48 12/15 3 5:03PM .31 12/19 2 5:07PM .23 1998 01/03 9 11:13AM .48 01/17 4 11:54AM .24 01/19 1 9:21AM .23 01/28 2 7:22PM .23 02/02 1 6:13PM .15 02/17 3 5:52PM .31 02/25 2 5:04PM .23 02/28 1 10:00AM .09 03/14 5 12:18PM .29 03/20 9 3: 16 PM 1. 22 EXHIBIT "B" ,~~ <" -:..,.. . " ". " , , , , . . .//". . . , Year Date Minutes Time $Amount 1998 04/10 3 11 : 32AM .33 04/10 1 12:54PM .11 04/15 2 5:14PM .22 05/05 3 3:43PM .33 OS/27 2 3:08PM .22 06/02 1 3:22PM .11 06/10 2 3:35PM .22 06/10 12 3:53Pm 1.32 06/18 2 3:29PM .22 06/19 3 11:43AM .33 07/20 2 12:42PM .22 08/14 5 3:08PM .55 09/10 4 6:29PM .44 09/28 1 3:23PM .11 09/29 2 4:45PM .22 10/29 2 3:12PM .22 11/10 4 6:18PM .44 11/23 2 7:43PM .22 12/05 3 9:00AM .33 1999 01/09 6 3:39PM .66 01/30 4 11:05AM .44 02/06 1 9:21AM . 11 02/08 2 3:25PM .22 03/09 8 3: 14PM .88 04/05 7 3:10PM .77 04/05 22 3:31PM 2.42 04/06 13 3:20PM 1. 43 05/01 9 3:06PM .99 OS/26 1 3:23PM .11 06/15 12 8:28PM 1. 32 06/28 3 4:36PM .33 08/04 1 4:53PM .11 09/07 28 7:08PM 3.08 09/27 ,. 6 4:35PM .66 10/06 1 3:27PM .11 1.2/04 5 12:26PM .55 2000 01/19 3 03/01 2 3: 16PM .22 __0,_' . . ~" - '~- . ,...- ~ . , , . ,I \ . Date Atrount Payee Check # 09/15/95 $ 350.00 Bills Welding (deposit) 1443 11/22/95 640.00 Larry Runl<: 1462 03/01/97 922.65 Bills Welding 1593 03/29/97 1,644.00 Larry Runk 1601 04/28/97 4,000.00 Larry Runk 1612 10/12/97 4,500.00 Larry Runl<: 505 11/22/97 2,500.00 Bills Welding 1664 01/20/98 1,300.00 Larry Runk 526 05/14/98 1.000.00 Larry Runk 1700 07/22/98 1,000.00 Larry Runk 563 02/08/99 1,000.00 Larry Runk 616 $18,856.65 ,. EXHIBIT "c" ,.~ ~ ~ - H [lJ '~"'""~'_;:""._' -_......-'--,.!.~_..__..--.."..._.~u.-~~':.".::_.....,~ , ! . I . ...,--..! , < ~ , . . . '111) 1l1X.-k lIi11l{o:Jd Lcwl"bcrry, rA 17,3:'IJ Mond"y, Mllr<::h '1(;, '1ur.W . . Rlllliillli__, "; 'i'lli"m' ..,' " ""I.lm""mu'I'IIll~i" :'llf, 'i!'t'lP""""'l"'I<l','i i "',I',' ,:[.' ':, '.1"" :'1 ",','" '", ' 'I,'" !l.,j,!.!in1nm:ltl~fl:ll,$l-m. , .. ,. . " .:'U. " :_ t.' I. ,) , . ,II .,. .lI1U. Ii, 'i" '1M",' 'ftl'~' "~',,' ", ," '", ,~HI'''','''III'I'I''''t,I'llt''''' '," 'I," '" , ;!':' . '. " 01 .. If hIli! '., In,: .! 1111.):.: ;:" ':' ",.!I ! . ii fL"" ,. : :.: :.: l11;. '~T.' .!-: '~qmfl!pl1l1-!~i~dlii'i": ',1 I::' 234.1t NurU. Slll",1 Larlfsl~, I'a 170 J3 O...r Mr. /tullk: TIlls reU~ wnJ !tt2V~ lu reaIlinlllllY luslructiulls n::garwug lb~ wurk being lfuUt~ un my 1974 VW bug, which you Iwvdwd SIIlUl S~pl~lIIbt:r 13, 1993, per our 1~I~phulI~ LUllversaUolI of Frl<lay, March 17, 2000. Agalll, If you wl/lllol bt: pahlllllg U,e car UII F,i<lay, March 24, 2UOU please have it really lur III~ 10 drlv~ hOIll~ on Salur<lay, Marcil 2.5, 2UUU. If you will bt: paillUlIg UI~ car Oll March 24, 2UUU, I wlll bo: up UtI Salur<lay, April I, 2000 10 pick II up. I will bo: III cUlllacl wilh YOII 011 Fri<lay, March 24, "",}OOO by Iclcphollc 10 discuss a mululally a=plablc IImc 011 elU,CJ Ihe 2.5'" or lhc I" 101 mc 10 gCllhe .:ft%t~;~~}0:. ....J{.:.~~~::;:::~, <{::t'.. !I!::~ '.;.:<.:':',.....<".:< ,:< ",3M~",,~!JM time that ( pick up the car I would like a detailed accounting or your hours worked and imtti,IW/,'fil!!U:PWchased as well as the payments we have made toward the work you have done rrom <P'",- MMgs~liI~il\~f'J$. 199~ 10 dale. These checks will have been made out 10 Bill's Welding and mosllv ~::.:~ff~~~!I\f\~ll;li~M~~l::~t. . . . ..."V~:@@Mnt~?Mtgn:,.., "':~;{!(fl!i;;~;, """""'."'~ "'~"""""""''''''''''''(J ..... .. ....'......,",... . .................... . .{::~':::~:;::.:;:: .,,:::.: ,......'..,~:.w...'.'. .,.. . ............. L1uy C. Eurll~sl ,. Ct: a. Gruv~ EXHIBIT "D" ii1NI11i.a.I.I~iltl.lIt. HIM. .~.~.I~~~liIlni1l1ll1Jlil11t1l!#I1Jl1nmiIJHlIl1m!llfl1nllnrl1liii!iliHHI1!1111i1itmi1:;if nilililhiillnmilimrilJfflllmlllnlilmilllll1#iIII!l1JilliIlrl1lllllJtlJ1ntlllnll1!111UlII!1lIllf!1II111Uil1ll11H1lliiln Imi;r:lllimnl1!I1!1I11!#111f1111llll1llJ1l!ll1Itmml'1l!ilHHlnIi1lll1lillil!1!lmmmHIII111IIfHll1!ntIH!1Itr.1i1ifllUl . . . - . . . . . . . . . . . . . . . . . . . n!;lii1!I!liliiillitlliiiil1l1!1lflilllilll1!ll!!lI!lll1t!1U1l11JIIllllllllll!l11lilHllImrlflmIlUmUmHliimfH1iililitfllllr . i!fllilIHlliiiilfHiii'milll1l1lmmllmmllf1HllliIlWII11!lli1lll1IiWtlll1l1ll_lfliillH'HiJI'illmIIJljIIIIIn!HH '0, " ",-.; ""'<~> , ' ,- -., ~ ) 1 ) ) J 1 ) EXHIBIT "E" , " .."",~ ~~M!l~ifc\l,glil~ltl!lij,tl~"",,;;,~iMiIlI.."iif~~~i~tll]--"'~ -~IIi!.ciL. . ' , . - .........-"'~.~~ - ~""idili;~ , (') a 0 c C) "il ~:., ::;E: -, =r r-!=i c_, :~ ;'--, -'C rl1t2 7 .~~~ ~::; (>:l~;> --r)rn 1'0 :;J7 -<2: C-':o SC~ CJ -o~ ::;l-r ,.. -, .J,,'''U , , -- r.J- , <<.:- :;~~ 2:('') j--~ Om ..<, => ~ -, -< <:> -< ~. "">- - ~ -".. ~~ ' .~. . ,.~ -~, .. . . LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NO. 00-2900 CIVIL TERM LARRY J. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., : IN REPLEVIN Defendants : JURY TRIAL DEMANDED WRIT OF SEIZURE TO: R. THOMAS KLINE, Sheriff of Cumberland County You are directed to seize the following property: 1974 Volkswagen (2) Door Coupe Vehicle Identification Number: 1142457760 If the property is found in the possession of a person not already a Defendant, you are directed to add the person as a Defendant, and notifY the person that he or she has been added as a Defendant and is r~qutred to defend the action. .' Date of Writ: ~. Iff. J...ttri f( By~J~ "'i~~., SHERIFF'S RETURN - REGULAR "~'\, " CASE NO: 2000-02900 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EARNEST LINDA L ET AL VS RUNK LARRY J JR ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN & NO was served upon RUNK LARRY J JR the DEFENDANT , at 1410:00 HOURS, on the 22nd day of May , 2000 at 254 EAST NORTH STREET CALRISLE, PA 17013 by handing to LARRY J. RUNK a true and attested copy of COMPLAINT - REPLEVIN & NO together with NOTICE OF HEARING FOR SEIZURE OF PROPERTY, WRIT OF SEIZURE, ORDER, PLTFF'S MOTION FOR EX PARTE WRIT and at the same time directing His attention to the contents thereof. Additional Comments NO ACTION TAKEN ON WRIT OF SEIZURE AT TIME OF SERVICE, PURSUANT TO INSTRUCTIONS FROM ATTY GROVE. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: r~~~?~ R. Thomas Kline 07/03/2000 BRUCE GROVE Sworn and subscribed to before By: me this (, 't;:. day of ~.:J-o-z.V A. D . Zi%L a 7'k<~;,,, A ~ P thonotary I . . :~ LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. : NO. 00-2900 CIVIL TERM LARRY J. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., Defendants : IN REPLEVIN : JURY TRlAL DEMANDED NOTICE OF HEAIDNG FOR SEIZURE OF PROPERTY TO: LARRY 1. RUNK' JR., t/a BILL'S MECHANICAL AND WELDING CO. You are hereby notified that: (1) Plaintiffs have commenced an action of Replevin. A Motion for Ex Parte seizure of the property described in the Complaint has been granted and the property has been seized. A copy of the Complaint and Motion is attached to this Notice; (2) There will be a Hearing on the seizure of the property on the zS"" day of May, 2000, at I: '50 o'clock ~.m. in Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. (3). You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized; (4) Your failure to appear at the hearing may result in the delivery of the property to the Plaintiffs before a final decision in this case. B; ~.,~'---T- BRUCE A. GROVE, JR., ESQU~~ )..1' . Sup. Ct. LD. #15502 1513 Cedar Cliff Drive Camp Hill, P A 17011 (717) 763-4167 Attorney for Plaintiffs ~" ." ^'>' .~. , , 1 I ~ 1 ;1 ij # I .~ f I', i,< ., , , n 'I Ii ~: il ,i ;'1 '! :! 'I .........'1. ,.1 " -0' ~." _, ~< _. ."""" -~..,.. ,. Off ~, :.\' \\\ \\l\~ \ \) L_ ,. ,.~, ~ .,"~ ". "",:';.-. ~\\SR\ff "-i\~i'l ,~. , ,'- ' r) ?5 \\ :;.. \~; i '; , '_)"\ i..- .- ","", ',i;'" ~ '''''...'~'''" " \, . , .~ rw =,~''''''I^'1l!'f'!I''i~iUllI!''!'"' T'i!P' - -".... - ~" . ~'0~ ~ LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NO. 00-2900 CIVIL TERM LARRY 1. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., : IN REPLEVIN Defendants : JURY TRIAL DEMANDED WRIT OF SEIZURE TO: R. THOMAS KLINE, Sheriff of Cumberland County You are directed to seize the following property: 1974 Volkswagen (2) Door Coupe Vehicle Identification Number: 1142457760 If the property is found in the possession of a person not already a Defendant, you are directed to add the person as a Defendant, and notifY the person that he or she has been added as a Defendant and is required to defend the action. Date of Writ:~ / (,. d.);-tJ-7J By: TRUE Q)py FROM D&::I''''''''.... '.1116.., -......... . . ~ and . ........"III.lhereunto..~"-'... . or. at Carlisle, h. ..\'" Y. ... ~'" - ~ '~ ..~, I! !1 i: I; L :1 !'j " " ); l" h ~ ,-~ <~ ,.. - .,~ ,,~~- o~\~\;.~ !j."v'H! \\I~ , ...1IftIIil~~rJ{ ,~ ~ , , t. \, :" ,) 1'.-::: .. . -~ -'I;::Riff 'f\)C ,,_ -:. _~'~L(;~1'( '} ,', c. ~\\"\ .,\ ,\ ,,. II!' /~. -, ~ "'. ~ .~o ""-,,,"A!iIlI~~~~_.,~^,.._,~J!l~~J!!"l~~~~if"l"I~~."'P , " , ..- .. LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW o r;; C-J 0 C) "TJ ::1.l.: '-l ;:-.-'# -,- -< hifQ I -;-;)'<1 'D :',CV ~.:-=i(JJ :.:> :::'f.::::P (? C'5 - (5fT1 .. 'C! :Jl :0 ..... -< vs. : NO. ~ -J.'100 CIVIL TERM2i~j ~] ~~:.; : IN REPLEVIN c: CJ : JURY TRIAL DEMANDED ~~] ::;:! LARRY 1. RUNK, JR., tla BILL'S MECHANICAL and WELDING CO., Defendants 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 claims 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 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, Pennsylvania 17013 Telephone: (717) 249-3166 (800) 990-9108 BY:' 1~<~Stsl<~':1 Bruce A. Grove, Jr., Esquire ) 1513 Cedar Cliff Drive Camp Hill, PA 17011 (717) 763-4167 Attorney for Plaintiffs , ',--- "" " , LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ; NO. 60- ~qDD CIVIL TERM LARRY J. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., : IN REPLEVIN Defendants : JURY TRIAL DEMANDED COMPLAINT IN CIVIL ACTION - REPLEVIN AND NOW, TO WIT, this ~ay of May, 2000, come the Plaintiffs by their attorney, Bruce A. Grove, Jr., Esquire, and file the following Complaint against the Defendant, and respectfully aver the following: I. PARTIES 1. Plaintiffs, LINDA L. EARNEST and LLOYD C. EARNEST, are adult individuals, and husband and wife, and they currently reside at 719 Heck Hill Road, Lewisberry , York County, Pennsylvania 17339. 2. Defendant, LARRY J. RUNK, JR., upon information and belief, is an adult individual who owns and operates, as a sole proprietorship, a mechanical and welding company; the Defendant conducts his business under the trade name of BILL'S MECHANICAL AND WELDING COMPANY, said business being located at 254 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, at the times hereinafter referred to, was an automobile restoration and body repair contractor responsible to do and perform all labor and superintendence and skill and body Page I ( > . 1- .' . . repair work necessary to restore a 1974 Volkswagen "Beetle" automobile owned by the Plaintiffs and titled in this Commonwealth solely in the name of Linda L. Earnest, Plaintiff herein. All restoration and body repair work were to be performed by Defendant at his place of business, namely, Bill's Mechanical and Welding Co., Carlisle, Pennsylvania. 4. All events material to this cause of action occurred in Cumberland County, Pennsylvania. II. GENERAL ALLEGATIONS 5. Paragraphs 1 through 4 of the Complaint are incorporated herein by reference as if set forth at length. 6. On September 15, 1995, the Plaintiffs and Defendant entered into a written agreement prepared by the Defendant whereby the Defendant agreed to restore '''74 VW Beetle for Lloyd and Linda Earnest" and Plaintiffs agreed to pay Defendant for this restoration work as bills were presented to them by Defendant on a time and materials basis; a true and correct copy of this written agreement is attached hereto, made a part hereof, and marked as Exhibit "A". 7. In addition, and pursuant to an oral understanding between the Plaintiffs and the Defendant, any an all Volkswagen parts necessary for the Defendant to do the required body work on the car would be supplied to the Defendant by the Plaintiffs. 8. On September 15, 1995, the Plaintiffs gave possession of their 1974 Volkswagen automobile and assorted "parts" to the Defendant at Bill's Mechanical and Welding Co. in Carlisle, Pennsylvania. 9. On September 15, 1995, the Plaintiffs advised the Defendant that the engine in the car Page 2 .' , ( had recently been rebuilt and, therefore, required no work by the Defendant; the Defendant's sole contractual responsibility was to do and perform the work necessary to restore the car's body. 10. By virtue of the aforestated contract(s), Plaintiffs and Defendant entered into the special fiduciary relationship of Bailor and Bailee. 11. By virtue of the aforestated contract(s), Defendant assumed a duty to exercise good faith and utmost fairness in all his dealings with Plaintiffs. 12. From September, 1995 and continuing through all of calendar year 1996, the Defendant performed no body work whatsoever on the car despite Plaintiffs' numerous telephone inquiries and requests regarding the progress of the work on their car. 13. From September 15, 1995 through March 1,2000, the Plaintiffs telephoned the Defendant on eighty-seven (87) separate occasions regarding the progress Defendant was making toward completion of the body work restoration on their 1974 Volkswagen; a true and correct copy ofthe Plaintiffs' personally prepared list of telephone calls made to the Defendant during this time period is attached hereto, made a part hereof, and marked as Exhibit "B". 14. Similarly, from September 15, 1995 through March 1,2000, the Plaintiffs went to the Defendant's place of business in excess of fifteen (15) times for the express purpose of confronting the Defendant as to when the car restoration work would be completed. 15. Between September 15, 1995 and February 8, 1999, the Plaintiffs have paid the Defendant a total of $18,856.65 for body restoration work allegedly performed by Defendant; a true and correct copy of the Plaintiffs' personally prepared list of checks issued to the Defendant during this time period is attached hereto, made a part hereof, and marked as Exhibit "C". Page 3 " , < 16. Commencing September 15, 1995 and continuing to the present, the Defendant has never submitted an itemized bill to the Plaintiffs nor given them a detailed written account of his hO\lrs of labor worked and parts purchased, although requests so to do were made of him on numerous occasions by the Plaintiffs. 17. On March 20, 2000, Plaintiff, Lloyd C. Eamest, wrote a letter to the Defendant indicating, inter alia, that he would pick the car up on April I, 2000 and also demanding of the Defendant that he produce a detailed written accounting to date; a true and correct copy of this letter is attached hereto, made a part hereof, and marked as Exhibit "D". 18. At all times material herein, Plaintiffs cooperated with the Defendant to the fullest extent in accordance with the terms of their contractual relationship with Defendant. III. COUNT I - REPLEVIN 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference as if set forth at length. 20. Plaintiff, Linda L. Earnest, owns and is entitled to the immediate possession of the following personal property: 1974 Volkswagen (2) Door Coupe Vehicle Identifica.tion Number; 1142457760 This automobile is presently in the possession and control of the Defendant at Bill's Mechanical and Welding Company, 254 East North Street, Carlisle, Pennsylvania. Page 4 d - --._" - l1 '~, "1 21. The basis of the Plaintiffs ownership of said 1974 Volkswagen is as follows: Commonwealth of Pennsylvania Certificate of Title For a Vehicle Title Number: 26545951305 EA VIN Number: 1142457760 Date Issued: March 6, 1989 A true and correct copy of the Plaintiffs Certificate of Title is attached hereto, made a part hereof, and marked as Exhibit "E". 22. The present value of said 1974 Volkswagen is $1,000.00. 23. Defendant obtained lawful possession of the automobile from the Plaintiffs on September 15, 1995 by virtue of a written contract attached hereto as Exhibit "A" and the averments of the Plaintiffs as set out more specifically in paragraphs 1 through 18 of this Complaint. 24. Defendant has wrongfully detained said property since April 12, 2000 and still wrongfully detains said property at 254 East North Street, Carlisle, Pennsylvania 17013. 25. On March 20, 2000, Plaintiff, Lloyd C. Earnest, demanded in writing that Defendant return said property to the Plaintiffs, but Defendant refused and still refuses to comply with said demand; a copy ofthe Plaintiffs March 20,2000 letter of demand is attached hereto, marked as Exhibit "D", and by reference made a part hereof. 26. Plaintiffs have been and will continue to be damaged by Defendant's wrongful detention of Plaintiffs' 1974 Volkswagen automobile in an amount which cannot be computed until the removal of Plaintiffs' property from Defendant's place of business is complete, including but not limited to amounts expended in recovering Plaintiffs' automobile, the cost of Page 5 . ~ --"o-.~iiIt:w; -. , obtaining a Bond for a Writ of Seizure, and the cost of manpower and equipment to remove Plaintiffs' automobile from the Defendant's place of business. 27. Defendant's wrongful detention of Plaintiffs' 1974 Volkswagen has been outrageous, willful, wanton and/or in reckless disregard of Plaintiffs' rights, and Plaintiffs therefore seek recovery of punitive damages. WHEREFORE, Plaintiffs respectfully request that this Court grant the following relief: I. Award immediate possession to the Plaintiffs of the property described in Exhibits "A" and "E"; 2. Award the Plaintiffs compensatory damages in an amount to be proven at trial; 3. Award the Plaintiffs punitive or exemplary damages in the amount of $5,000.00; and 4. A ward the Plaintiffs interest and costs and reasonable attorney's fees to the extent allowed by law. 5. Any and all other relief which this Court deems appropriate. 6. The damages being demanded do not exceed the arbitration limits set forth in the local rules of Court. IV. COUNT 11 - ACCOUNTING 28. Paragraphs I through 27 of the Complaint are incorporated herein by reference as if set forth at length. 29. The Defendant, Larry 1. Runk, Jr., has had the Plaintiffs' 1974 Volkswagen "Beetle" Page 6 . . automobile in his possession and control from September 15, 1995 to the present date, as aforestated. 30. Between September 15,1995 and February 8,1999, the Plaintiffs have paid to the Defendant the total sum of $18,856.65 for body restoration work to the car allegedly performed by the Defendant; a copy of the Plaintiffs' itemization of checks issued to the Defendant in this regard is attached hereto, marked Exhibit "C", and by references made a part hereof. 31. There is a valid written contract between the parties whereby the Defendant agreed that he "will charge by time and material" and "will call customer as work progressed"; a copy of this contract is attached hereto, marked Exhibit "A", and by reference made a part hereof. 32. The contract imposes a legal duty upon the Defendant, as Bailee, to account to the Plaintiffs for the monies received by the Defendant over the years involved. 33. The Defendant has continually breached his contractual duty to account to the Plaintiffs for the monies he has received from the Plaintiffs between September 15, 1995 and February 8, 1999, namely, the sum 0[$18,856.65. 34. The Plaintiffs have repeatedly demanded of the Defendant that he account to them as to how the sum of$18,856.65 was expended by him relative to restoration work on the Plaintiffs' automobile. 35. The Defendant has continuously refused since September 15, 1994 to the present time to account to the Plaintiffs as to how Plaintiffs' monies were being expended and Defendant has also continuously refused to submit to the Plaintiffs a written itemized accounting of the number of hours he has worked on the car and any materials/parts allegedly purchased for the Page 7 -"'- -:;j '. . purpose of the restoration work, even though Plaintiffs have repeatedly requested such an itemized accounting. 36. On April 12, 2000, the Defendant advised Plaintiff, Lloyd C. Earnest, who went to the Defendant's place of business to pick up the automobile, that the car restoration work was still unfinished and that Defendant would not release the automobile to the Plaintiffs unless he was immediately paid the sum of $4,000.00 in cash. 37. Plaintiffs are unable to state what amount might be due them as no accounting has ever been rendered to them by the Defendant, although one has repeatedly been requested by the Plaintiffs. WHEREFORE, Plaintiffs demand that the Court enter an Order directing the Defendant to account fully to the Plaintiffs and, further, Plaintiffs demand Judgment against the Defendant for the amount shown to be due to Plaintiffs by such accounting, with interest and costs of suit. V. COUNT III - BREACH OF CONTRACT 38. Paragraphs I through 37 of the Complaint are incorporated herein by reference as if set forth at length. 39. The actions ofthe Defendant as aforesaid are willful and constitute a material breach and default by the Defendant of the Contract entered into between Plaintiffs and Defendant, as follows: A. By failing to send "time and material" bills to the Plaintiffs relative to the body restoration work allegedly completed, although expressly obligated so to do; Page 8 ~ B. By failing to commence any body restoration work whatsoever on the Plaintiffs' automobile for more than fifteen (15) months following Defendant's receipt of the automobile on September 15, 1995; and C. By failing to have completed the body restoration work on the Plaintiffs' automobile as of April 12, 2000, a period offour years and seven months after the Defendant's contract commenced on September 15, 1995, and despite having received from the Plaintiffs the sum of $18,856.65 during this time period for body restoration work allegedly completed. 40. As a direct and proximate result of the aforestated actions of the Defendant, the Plaintiffs have suffered and continue to suffer serious financial injury, including, but not limited to: loss of use of their 1974 Volkswagen, loss of the monies owed to them by the Defendant as will be determined by the Defendant's "time and material" records accounting, loss of the use of said monies, lost interest on the money and other such damages as may be discovered. 41. Between September 15,1995 and April 12, 2000, the Plaintiffs submitted numerous oral, personal and written communications to the Defendant, repeatedly demanding that the Defendant submit billings and complete body restoration work on the automobile; despite these repeated demands by the Plaintiffs that the Defendant cure his breach of the Contract, the Defendant has filed and refused to give an accounting or complete body restoration work. 42. At all times material hereto, the Plaintiffs have fully and satisfactorily conformed and complied with all terms and conditions required of them under the Contract. WHEREFORE, Plaintiffs demand Judgment in their favor and against the Defendant for: Page 9 ~ , - _~ 0- ~ ~- '. . (1) the compensatory damages shown to be due to Plaintiffs by an accounting and in an amount to be proven at trial; (2) reasonable attorney fees, interest and all other costs incurred in connection with this Replevin action; and (3) any and all other relief which this Court deems appropriate. VI. COUNT IV - BAD FAITH 43. Paragraphs 1 through 42 of the Complaint are incorporated herein by reference as if set forth at length. 44. By virtue ofthe above-stated written Contract there existed between Plaintiffs and Defendant the following relationship of Bailor and Bailee. 45. Defendant has breached his duty of good faith and fair dealing with Plaintiffs as follows: (A) By using deception and trickery to obtain $18,856.65 in monies from the Plaintiffs between September 15, 1995 and February 8, 1999 relative to body restoration work allegedly performed by Defendant on Plaintiffs' Volkswagen even though Defendant consistently refused to submit, and did not submit, any itemized bills regarding hours worked or materials paid for and used; (B) By using deception and trickery whenever Plaintiffs verbally demanded "status reports" on the car by orally informing them on numerous occasions that the car would be furnished on dates certain and then subsequently advising Plaintiffs he needed Page 10 - ",' ~ .. it , 't ~ '. , still more time; (C) By unreasonably and maliciously threatening on April 12, 2000, to terminate work on the automobile unless he was immediately paid the sum of $4,000.00 in cash by the Plaintiffs; (D) By unreasonably and maliciously refusing on April 12, 2000, to turn over the automobile to Plaintiff, Lloyd C. Earnest, who appeared at the Defendant's place of business that day for the express purpose of obtaining immediate possession of the vehicle; (E) By unreasonably disregarding his contractual duty to complete the body restoration work in a timely manner; (F) By unreasonably and maliciously advising the Plaintiffs on April 12, 2000 that body restoration work on the car was still not completed; (G) By unreasonably and maliciously harassing the Plaintiffs in April, 2000 by demanding another $8,000.00 before body restoration work on the car could be completed; and (H) By performing other outrageous, malicious and unreasonable acts in derogation of his implied duty of good faith and fair dealings. 46. As a direct and proximate result of Defendant's breach of his implied duty of good faith and fair dealings, Plaintiffs have suffered the injuries set forth above. WHEREFORE, Plaintiffs request that the Court take the following action: (I) A ward the Plaintiffs compensatory damages, together with interest due and Page 11 ~~~ - ~'" ...'.i . , costs of suit, in an amount to be determined and/or proven at trial; (2) Award the Plaintiffs punitive or exemplary damages in the amount of $5,000.00; (3) Assess attorney's fees against the Defendant; (4) Any and all other relief which the Court deems appropriate; and (5) The damages being demanded do not exceed the arbitration limits set forth in the local rules of Court. Respectfully submitted, B~: K'4<' ~ ~J~~~-i ~ BRUCE A. GROVE, JR., ESQUIRlE Sup. Ct. I.D. #15502 1513 Cedar Cliff Drive Camp Hill, P A 17011 (717) 763-4167 Attorney for Plaintiffs Page 12 VERIFICATION I, LINDA L. EARNEST , verifY that the statements made in this REPLEVIN COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: May 9, 2000 ,,( ,I\cln A. t{1Jun.1~ , ( x ) Plaintiff ( ) Defendant '. , . . VERIFICATION I, LLOYD C. EARNEST . , verifY that the statements made in this REPLEVIN COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: May 9, 2000 ~/fJ/ e LM~ ( x ) Plaintiff ( ) Defendant . . .0."_..-, .-..-...,......----._~ _____n._"~". ~ , ,'m PIPE & SUPPLY co" INC" ' . ',:. ~~~>E , , , . , 1301 WICOMICO STREET . P.O. BOX 6367 . BAlTIMORE, MARYLAND 21230.0367 LOCAL I . WA.TS r FAX 410-539-8000 I . 1-800-368-8880 1-410-539-4819 ) l1-' \"') . '1 "S ; b, \\'') W(\O\~ Wi l \ ~.Q.5tt"(L -14 \jw ~s~\Le. -\-G~ ll<>1D \-- .' \".\tJ)t'\ E:Y-\QNi5t i \J.; i \ ~ dv~~~ \:x., ..hMQ.. \- W\l\te.t..i(\\ \J..:Y.Jcl:\I~~\ At- \000,(.0 -\-0 ~d ~ \.\JOt.K. fifhY\ ~e.L, 1\ Wt?~-\ 't ot 3'56, OJ \1JY\~' ~\i,)l~,) (Jv r~-I"5-<i-.),wi\1 uli( (',)<,,-t:~'t f'~ \).t:.(.r-\ ~'~(.Q:::ses I ~ '1IA52-:$Z ,,' -, opeN 7:00 AM-12:00 NOON SATURDAYS EXHIBIT "A" .-," " ",.; < . Telephone Ca 11 s to 717 213-0338 Year Date Minutes Time $Amount 1995 08/17 2 10:20AM .35 09/14 2 3:10PM .35 09/30 2 12:36PM .14 10/20 6 6:18PM .55 10/20 1 6:30PM .15 11/17 6 7:02PM .55 12/06 2 3:22PM .35 12/16 2 3:41PM .14 12/22 10 5:30PM .87 12/23 16 12:40PM .83 1996 01/16 4 6:34PM .39 01/22 2 4:02PM .35 01/23 1 6:30PM .15 02/26 3 3:53PM .48 04/03 1 7:52PM .15 04/12 6 3:09PM .85 04/22 2 1:40PM .35 05/13 2 7:02PM .23 06/05 1 6:29PM .15 06/11 2 4:11PM .35 10/11 1 6:32PM .15 10/14 2 10:40AM .35 12/11 5 7:24PM .47 1997 02/11 3 4:46PM .48 02/24 9 5:08PM .79 03/28 1 4:00PM .23 04/28 1 3:44PM .23 OS/21 2 5:08PM .23 06/19 2 4:37PM .35 07/15 5 3: 10PM .72 08/25 2 3:11PM .35 08/26 2 5 : 16 PM .23 09/24 3 4:45PM .48 10/01 2 8 : 16 PM .23 10/03 3 3: 16 PM .48 10/07 1 4:46PM .23 . 10/09 1, 4:45PM .23 10/28 2 5:09PM .23 12/05 3 2:36PM .48 12/15 3 5:03PM .31 12/19 2 5:07PM .23 1998 01/03 9 11:13AM .48 01/17 4 11:54AM .24 01/19 1 9:21AM .23 01/28 2 7:22PM .23 02/02 1 6:13PM .15 02/17 3 5:52PM .31 02/25 2 5:04PM .23 02/28 1 10:00AM .09 03/14 5 12:18PM .29 03/20 9 3 : 16 PM 1.22 EXHIBIT "B" ,--,,". '_.-, -". '<;"0.""' /" . . ,/ . . Year Date Minutes Time $Amount 1998 04/10 3 11:32AM .33 04/10 1 12:54PM .11 04/15 2 5 : 1 4 PM .22 05/05 3 3:43PM .33 OS/27 2 3:08PM .22 06/02 1 3:22PM .11 06/10 2 3:35PM .22 06/10 12 3:53Pm 1.32 06/18 2 3:29PM .22 06/19 3 11 : 43AM .33 07/20 2 12:42PM .22 08/14 5 3:08PM .55 09/10 4 6:29PM .44 09/28 1 3:23PM . 11 09/29 2 4:45PM .22 10/29 2 3:12PM .22 11/10 4 6: 18PM .44 11/23 2 7:43PM .22 12/05 3 9:00AM .33 1999 01/09 6 3:39PM .66 01/30 4 11:05AM .44 02/06 1 9:21AM . 1 1 02/08 2 3:25PM .22 03/09 8 3 : 1 4 PM .88 04/05 7 3: 10PM .77 04/05 22 3:31PM 2.42 04/06 13 3:20PM 1. 43 05/01 9 3:06PM .99 OS/26 1 3:23PM . 11 06/15 12 8:28PM 1. 32 06/28 3 4:36PM .33 08/04 1 4:53PM . 11 09/07 28 7:08PM 3.08 09/27 6 4:35PM .66 10/06 1 3:27PM .11 1.2/04 5 12:26PM .55 2000 01/19 3 03/01 2 3: 16PM .22 - " ~" , ,-->; .,~,t' . . Date Arnoun t Payee Check # 09/15/95 $ 350.00 Bills Welding (deposit) 1443 11/22/95 640.00 Larry Runk 1462 03/01/97 922 . 65 Bills Welding 1593 03/29/97 1,644.00 Larry Runk 1601 04/28/97 4,000.00 Larry Runk 1612 10/12/97 4,500.00 Larry Runk 505 11/22/97 2,500.00 Bills Welding 1664 01/20/98 1,300.00 Larry Runk 526 05/14/98 1,000.00 Larry Runk 1700 07/22/98 1,000.00 Larry Runk 563 02/08/99 1,000.00 Larry Runk 616 $18,856.65 " EXHIBIT "c" -I _; ',,",~ ~, .-:..'. ._~.__."' ~""'6""__'''_''''~'':~__.~,~__,---,,:-~:-,,:~_ . . , . '/ll} 1lCA.-k llill HO:1d Lcw'~fl'-'HY, r,t 11J:1'j MOfl(f;lY, f-.lll..:1l t(i, 2uou . . f;1lfiliOOItlRfllilflRIIIIB' t.'I~[i"mmR' :,:[~. mm"4mDJl Ilffl~' :'Trlll,. I'lm't.t"'''II'nlll''IOl. , ; ; 'lfl I ".' I.'" 'lll.t,. ',: .. ;," ..1 "I ".' , I'. "!"I' ,j ",!,rr!~~ntlllt.'rrlt!:!lm . I' ,1 '. ,!n .fll .'..,' ,1 . .' ,I,!., .Jl fJ 11 ,1jilt11~~~:U;I~rr h ,fjl!![IIK~[l1[1!11"I:lj'l, ," I" !' ~:,ijjj UH':leHi 'r!W\J~I!lI'i:llIill~lIq III,' , 234 e. Nurll. Slt~l Urrlfsl~, l'a 170 13 O""r Mr. RUllk: nus r~Ut7 wUI serve lu ~aUinlllJlY JUSlruCUUIIS ct::ganlillH, lilt:: wurk bt::iug uuue UJlIIIY 1974 VW bug, whlcl. yvu haw hud sill"" S~pl~U1bt:r I.5, IYY3, per uur 1.I.phulI. c'Unv.rsallun vI t'rlday, March 17, 2000. Again, (fyvu will nul"" puhlling Ill~ car UII Frilla)', March H, 200U pi""", hav. il really lilr m. Iu wlv. hvm. vu Sahuday, MHrcll 25, 2UUO. U' yuu wjJI "" puinUug Il,. car WI March 24, 2UUU, I wjJI "" up uti SHlurday, April I, 2UOO Iv pic" H up. I will bt: In wnlacl willi yuu un Friday, March 24, .:"..,2000 by lelepholle 10 discuss 0 lUululoily o=plOblc lime 011 elU)CJ the 15'" Of lI.e I' IOflUe 10 gellhc ,,:~N~W:&it~,,:::.... ..>:...........>:~ ~":,,.:.;.,. ..'.':~:<,..,,~ .. ..... ~'< .:::::::~:~:: ../i7 ": .J~J$6.~U~.~ Ih"e Ihat I pick up Ihe car' would like a delailed accounting of your hours worked and , j;j!.:;:.~ti\\\!ij.~hased as well as Ihe paymenls we have made loward Ihe work you have dOlle from :}Utini1YF;~P!~m\li\hl~, 199510 dale. These checks will have beel1l11ade oullo Bill's Welding alld mosllv "'::1~1;;;1:11:11~~3~j'!. . . ...":'~;~::~~nW!&tf::~:~:~~n:ttJlt.,. :"::.'.:.;:.'::,~:t:':.:':';.~:':.:::':::'i::::.:'.'. ......".,...,.",. ~~.G'&...J ~~Uy~. Eurfl~sl " ee: B. Geuw EXHIBIT "D" f.?,n.:'!Hif","".)I'.I!iltff~.jP.IH~~1"~nHllllf!Hili!i!fimlll.mlIHfffffliifjlWiiillnH. IlIilillll!1l!ltliiili!inliliiliiUi:li 1!;!II'HI!I!i!lljlliinflllmllll11Illn1lmmlltl#l!lallll!llrnfllifll!liIi1l1111iiiI1IWlt!lIlmnl!II!I1lil1f!iII!IIIJIIR!Il!lliilt PW:llltl,ifl!11:mrimUn!Hmm~flmnnltr~ffrn!ViffllU~!lHnnrrllnmnmlir-ttfiHHmmll!m11iMlI!,'Hll~i11-mIlL' . 6 . . . . . . . - - . . 6 . - . - . . . 6 . ':""I'!Ii:'!!!i1fil!li!iinill:lilili1lliimnIIHlllililll!!!WrllitiI!!lllnlllllllWlliililllllnlllMlnll'ilHlti!I!IIlil!lii!!Ullli! ''1'1' i '!liil!li'iliHi'i'i1Illi!1:iI'iiiliiiiiiitfflflil!liiiltWlitlll!iIi!I1Iftlili1ffliiii1Ilrlil!llll1li!iil'lililll1llr1llllll1fllll;111I ,- ,~ ~ . ) 1 ) ) J 1 ) EXHIBIT liE" " .' ~, ~,,{d!h"iilimlillila~~~~~~'MEk;~a~~"'~Itil!P~ ]lI ~. .~ ~ ...,."""="","~~~",,,-" lb.'.:iJIflil ~ _iii~lliMIi.l'irl!lW . . ~ - n <:::) 0 C co ~~. -rl "'0 f) :It ::;1 'ci:',;# Q1["., -<: F2i ,'J] ,~:;=TJ r-- -E_r.' c:--;rn u}"t-:- r'0 -r"-":J ~~~ (~) i ~~ =::.1~.; -,',. .'d f;~2 (~ ..~ C.: Qln ~ :J ;g co ::0 , , LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NO. 00-2900 CIVIL TERM LARRY J. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., Defendants : IN REPLEVIN : JURY TRIAL DEMANDED ORDER AND NOW, this /b~day of May, 2000, upon consideration of Plaintiffs' Motion For an Ex Parte Issuance ofa Writ of Seizure pursuant to Pa. R.C.P. No. 1075.2, the Prothonotary of Cumberland County is hereby ordered and directed to issue a Writ of Seizure. BY THE COURT, J(~ IL ~ Judge TRUE COpy FROM RECORD In Testimony whereof. I here unto set my hana ~,~ " ;;;; "~ LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Ys. : NO. 00-2900 CIVIL TERM LARRY J. RUNK, JR., t/a BILL'S MECHANICAL and WELDING CO., : IN REPLEVIN Defendants : JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR AN EX PARTE ISSUANCE OF A WRIT OF SEIZURE PURSUANT TO Pa. R.C.P. No. 1075.2 AND NOW, TO WIT, this ~day of May, 2000, come the Plaintiffs by their attorney, Bruce A. Grove, Jr., Esquire, and respectfully move this Honorable Court to issue an EX PARTE WRIT OF SEIZURE pursuant to Pa. R.C.P. No. 1075.2, and in support thereof avers as follows: I. PARTIES 1. Plaintiffs, LINDA L. EARNEST and LLOYD C. EARNEST, are adult individuals, and husband and wife, and they currently reside at 719 Heck Hill Road, Lewisberry, York County, Pennsylvania 17339. 2. Defendant, LARRY 1. RUNK, JR., upon information and belief, is an adult individual who owns and operates, as a sole proprietorship, a mechanical and welding company; the Defendant conducts his business under the trade name of BILL'S MECHANICAL AND WELDING COMPANY, said business being located at 254 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. I ," - ,~ j;,ji II. FACTUAL BACKGROUND 3. Paragraphs 1 and 2 of this Motion are incorporated herein by reference as if set forth at length. 4. The instant Motion, filed pursuant to Pa. R.C.P. No. 1075.2, results directly from the Replevin Complaint filed by the Plaintiffs with the Cumberland County, Pennsylvania Court of Common Pleas on May 9, 2000; a true and correct copy of this Replevin Complaint is attached hereto, m.ade a part hereof, and marked as Exhibit No.1. III. MOTION FOR AN EX PARTE ISSUANCE OF A WRIT OF SEIZURE PURSUANT TO Pa. R.C.P. No.1 075.2 5. Paragraphs 1 through 4 of this Motion are incorporated herein by reference as if set forth at length. 6. On September 15, 1995, the Plaintiffs ceded possession of their 1974 Volkswagen automobile to the Defendant who has continuously and uninterruptedly maintained custody and control of this vehicle from September 15, 1995 to the present time. 7. The Plaintiffs' Replevin Complaint filed with the Court on May 9, 2000, and attached hereto as Exhibit No. I, alleges, inter alia, in Paragraph 20 thereof that "Plaintiff, Linda L. Earnest, owns and is entitled to the immediate possession of the following personal property: 1974 Volkswagen (2) Door Coupe Vehicle Identification Number: 1142457760" 8. In addition, the Plaintiffs' Replevin Complaint alleges in Paragraph 25 thereof that by his letter to the Defendant dated March 20, 2000, [Exhibit "D" to the Complaint], Plaintiff, Lloyd C. Earnest, demanded the return of the parties' Volkswagen by April I, 2000. [Emphasis added] 2 9. On April 3, 2000, the Plaintiffs telephoned the Defendant to arrange a mutually convenient time to obtain possession of their vehicle and were advised by the Defendant that unless the Plaintiffs shortly paid him the sum of $8,000.00 CASH, he, the Defendant, was removing the car from his Cumberland County business location to his home in Perry County, where it would be stored until he was paid the sum of$8,000.00.llimDhasis added] 10. In addition, since the Defendant has maintained total custody, possession and control of the 1974 Volkswagen from September 15, 1995 to the present, a period of four (4) years and eight (8) months, therefore, the Plaintiffs reasonably believe that the value of the property and their financial interest in the automobile is being adversely affected since the vehicle has sat idle and undriven for this period of time, thereby causing the Plaintiffs' 1995 totally rebuilt engine to severely deteriorate. 11. The Plaintiffs are filing a Bond pursuant to Pa. R.C.P. No. 1075.3, in the amount of $2,000.00, the Bond being filed contemporaneously with the filing of this Motion with the Office of the Prothonotary for Cumberland County. WHEREFORE, for the foregoing reasons, Plaintiffs respectfully request this Honorable Court to enter an Ex Parte Order, pursuant to Pa. R.C.P. 1075.2, requiring the Prothonotary of Cumberland County to issue a Writ of Summons to the Sheriff of Cumberland County directing 3 him to seize from the Defendant's place of business the Plaintiffs' 1974 Volkswagen (2) Door Coupe. Respectfully submitted, BY~ ~..~(J~"L BRUCE A. GROVE, JR., ESQUI Sup. Ct. I.D. #15502 1513 Cedar Cliff Drive Camp Hill, PA l7011 (717) 763-4167 Attorney for Plaintiffs 4 &'" VERIFICA TION 1, Lloyd C. Earnes t , verifY that the statements made in this MOTION FOR EX PARTE WRIT OF SEIZURE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: May 12, 2000 4Jle~ ( x) Plaintiff ( ) Defendant .;.;.~ 'i<, .':: VERIFICATION I Linda L. Earnest , , verifY that the statements rnade in this MOTION FOR EX PARTE WRIT OF SEIZURE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: May 12, 2000 cf~'IIdf\ d. (f\l\mnD+_ ( x) Plaintiff ( ) Defendant '- '. ,,' " " - < ~ , LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW o c -~ c..-:> 0 0 ',} :'I: ::;:I ..... -< f~i fJ] I :';8 'D ~io )> :r':-=H (ac'5 - [,5m .. ';! :J1 :b ...J -< vs. \,:~:,) j-'-),---, CIVIL TERM Z 'i:; 05~;~ ~:C~ ~~3 ~ : NO. Co-J~()O LARRY J. RUNK, JR., tla BILL'S MECHANICAL and WELDING CO., : IN REPLEVIN Defendants : JURY TRIAL DEMANDED 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 claims 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 LA WYER AT ONCE. IF YOU DO NOT HAVE 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, Pennsylvania 17013 Telephone: (717) 249-3166 (800) 990-9108 BY:' r::5u~ 9J'l<~r Bruce A. Grove, Jr., Esquire ) 15 I3 Cedar Cliff Drive Camp Hill, PA 1701] (717) 763-4167 Attorney for Plaintiffs ~' u"~' ", ~, - ~ , --,,~ ,<J. .J.<,-,'" -' ',,- ~ "M LINDA L. EARNEST and LLOYD C. EARNEST, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW : NO. 60- ~qDD CIVIL TERM LARRY J. RUNK, JR., tla BILL'S MECHANICAL and WELDING CO., : IN REPLEVIN Defendants : JURY TRIAL DEMANDED COMPLAINT IN CIVIL ACTION - REPLEVIN AND NOW, TO WIT, this ~ay of May, 2000, come the Plaintiffs by their attorney, Bruce A. Grove, Jr., Esquire, and file the following Complaint against the Defendant, and respectfully aver the following: I. PARTIES 1. Plaintiffs, LINDA L. EARNEST and LLOYD C. EARNEST, are adult individuals, and husband and wife, and they currently reside at 719 Heck Hill Road, Lewisberry, York County, Pennsylvania 17339. 2. Defendant, LARRY J. RUNK, JR., upon information and belief, is an adult individual who owns and operates, as a sole proprietorship, a mechanical and welding company; the Defendant conducts his business under the trade name of BILL'S MECHANICAL AND WELDING COMPANY, said business being located at 254 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, at the times hereinafter referred to, was an automobile restoration and body repair contractor responsible to do and perform all labor and superintendence and skill and body Page 1 .. . . ... ',' nJ repair work necessary to restore a 1974 Volkswagen "Beetle" automobile owned by the Plaintiffs and titled in this Commonwealth solely in the name of Linda L. Earnest, Plaintiff herein. All restoration and body repair work were to be performed by Defendant at his place of business, namely, Bill's Mechanical and Welding Co., Carlisle, Pennsylvania. 4. All events material to this cause of action occurred in Cumberland County, Pennsylvania. II. GENERAL ALLEGATIONS 5. Paragraphs I through 4 of the Complaint are incorporated herein by reference as if set forth at length. 6. On September 15,1995, the Plaintiffs and Defendant entered into a written agreement prepared by the Defendant whereby the Defendant agreed to restore '''74 VW Beetle for Lloyd and Linda Earnest" and Plaintiffs agreed to pay Defendant for this restoration work as bills were presented to them by Defendant on a time and materials basis; a true and correct copy of this written agreement is attached hereto, made a part hereof, and marked as Exhibit "A". 7. In addition, and pursuant to an oral understanding between the Plaintiffs and the Defendant, any an all Volkswagen parts necessary for the Defendant to do the required body work on the car would be supplied to the Defendant by the Plaintiffs. 8. On September 15, 1995, the Plaintiffs gave possession oftheir 1974 Volkswagen automobile and assorted "parts" to the Defendant at Bill's Mechanical and Welding Co. in Carlisle, Pennsylvania. 9. On September 15, 1995, the Plaintiffs advised the Defendant that the engine in the car Page 2 had recently been rebuilt and, therefore, required no work by the Defendant; the Defendant's sole contractual responsibility was to do and perform the work necessary to restore the car's body. 10. By virtue of the aforestated contract(s), Plaintiffs and Defendant entered into the special fiduciary relationship of Bailor and Bailee. 11. By virtue of the aforestated contract(s), Defendant assumed a duty to exercise good faith and utmost fairness in all his dealings with Plaintiffs. 12. From September, 1995 and continuing through all of calendar year 1996, the Defendant performed no body work whatsoever on the car despite Plaintiffs' numerous telephone inquiries and requests regarding the progress of the work on their car. 13. From September 15, 1995 through March 1,2000, the Plaintiffs telephoned the Defendant on eighty-seven (87) separate occasions regarding the progress Defendant was making toward completion of the body work restoration on their 1974 Volkswagen; a true and correct copy ofthe Plaintiffs' personally prepared list oftelephone calls made to the Defendant during this time period is attached hereto, made a part hereof, and marked as Exhibit "B". 14. Similarly, from September 15,1995 through March 1,2000, the Plaintiffs went to the Defendant's place of business in excess of fifteen (15) times for the express purpose of confronting the Defendant as to when the car restoration work would be completed. 15. Between September 15,1995 and February 8,1999, the Plaintiffs have paid the Defendant a total of $18,856.65 for body restoration work allegedly performed by Defendant; a true and correct copy of the Plaintiffs' personally prepared list of checks issued to the Defendant during this time period is attached hereto, made a part hereof, and marked as Exhibit "C". Page 3 16. Commencing September 15, 1995 and continuing to the present, the Defendant has never submitted an itemized bill to the Plaintiffs nor given them a detailed written account of his hours of labor worked and parts purchased, although requests so to do were made of him on numerous occasions by the Plaintiffs. 17. On March 20, 2000, Plaintiff, Lloyd C. Earnest, wrote a letter to the Defendant indicating, inter alia, that he would pick the car up on April 1, 2000 and also demanding of the Defendant that he produce a detailed written accounting to date; a true and correct copy of this letter is attached hereto, made a part hereof, and marked as Exhibit "D". 18. At all times material herein, Plaintiffs cooperated with the Defendant to the fullest extent in accordance with the terms of their contractual relationship with Defendant. III. COUNT I - REPLEVIN 19. Paragraphs I through 18 of the Complaint are incorporated herein by reference as if set forth at length. 20. Plaintiff, Linda L. Earnest, owns and is entitled to the immediate possession of the following personal property: 1974 Volkswagen (2) Door Coupe Vehicle Identification Number: 1142457760 This automobile is presently in the possession and control of the Defendant at Bill's Mechanical and Welding Company, 254 East North Street, Carlisle, Pennsylvania. Page 4 , 21. The basis of the Plaintiffs ownership of said 1974 Volkswagen is as follows: Commonwealth of Pennsylvania Certificate of Title For a Vehic1e Title Number: 26545951305 EA VIN Number: 1142457760 Date Issued: March 6, 1989 A true and correct copy of the Plaintiff s Certificate of Title is attached hereto, made a part hereof, and marked as Exhibit "E". 22. The present value of said 1974 Volkswagen is $1,000.00. 23. Defendant obtained lawful possession of the automobile from the Plaintiffs on September 15, 1995 by virtue of a written contract attached hereto as Exhibit "A" and the averments of the Plaintiffs as set out more specifically in paragraphs 1 through 18 of this Complaint. 24. Defendant has wrongfully detained said property since April 12, 2000 and still wrongfully detains said property at 254 East North Street, Carlisle, Pennsylvania 17013. 25. On March 20, 2000, Plaintiff, Lloyd C. Earnest, demanded in writing that Defendant return said property to the Plaintiffs, but Defendant refused and still refuses to comply with said demand; a copy of the Plaintiffs March 20, 2000 letter of demand is attached hereto, marked as Exhibit "D", and by reference made a part hereof. 26. Plaintiffs have been and will continue to be damaged by Defendant's wrongful detention of Plaintiffs' 1974 Volkswagen automobile in an amount which cannot be computed until the removal of Plaintiffs' property from Defendant's place of business is complete, including but not limited to amounts expended in recovering Plaintiffs' automobile, the cost of Page 5 , obtaining a Bond for a Writ of Seizure, and the cost of manpower and equipment to remove Plaintiffs' automobile from the Defendant's place of business. 27. Defendant's wrongful detention of Plaintiffs' 1974 Volkswagen has been outrageous, willful, wanton and/or in reckless disregard of Plaintiffs' rights, and Plaintiffs therefore seek recovery of punitive damages. WHEREFORE, Plaintiffs respectfully request that this Court grant the following relief: I. Award immediate possession to the Plaintiffs of the property described in Exhibits "A" and "E"; 2. Award the Plaintiffs compensatory damages in an amount to be proven at trial; 3. Award the Plaintiffs punitive or exemplary damages in the amount of $5,000.00; and 4. Award the Plaintiffs interest and costs and reasonable attorney's fees to the extent allowed by law. 5. Any and all other relief which this Court deems appropriate. 6. The damages being demanded do not exceed the arbitration limits set forth in the local rules of Court. IV. COUNT II - ACCOUNTING 28. Paragraphs I through 27 ofthe Complaint are incorporated herein by reference as if set forth at length. 29. The Defendant, Larry 1. Runk, Jr., has had the Plaintiffs' 1974 Volkswagen "Beetle" Page 6 , -- -'[ - . ~ 4.;. automobile in his possession and control from September 15, 1995 to the present date, as aforestated. 30. Between September 15, 1995 and February 8,1999, the Plaintiffs have paid to the Defendant the total sum of $18,856.65 for body restoration work to the car allegedly performed by the Defendant; a copy of the Plaintiffs' itemization of checks issued to the Defendant in this regard is attached hereto, marked Exhibit "C", and by references made a part hereof. 31. There is a valid written contract between the parties whereby the Defendant agreed that he "will charge by time and material" and "will call customer as work progressed"; a copy of this contract is attached hereto, marked Exhibit "A", and by reference made a part hereof. 32. The contract imposes a legal duty upon the Defendant, as Bailee, to account to the Plaintiffs for the monies received by the Defendant over the years involved. 33. The Defendant has continually breached his contractual duty to account to the Plaintiffs for the monies he has received from the Plaintiffs between September 15, 1995 and February 8, 1999, namely, the sum of$18,856.65. 34. The Plaintiffs have repeatedly demanded of the Defendant that he account to them as to how the sum of$18,856.65 was expended by him relative to restoration work on the Plaintiffs' automobile. 35. The Defendant has continuously refused since September 15, 1994 to the present time to account to the Plaintiffs as to how Plaintiffs' monies were being expended and Defendant has also continuously refused to submit to the Plaintiffs a written itemized accounting of the number of hours he has worked on the car and any materials/parts allegedly purchased for the Page 7 purpose of the restoration work, even though Plaintiffs have repeatedly requested such an itemized accounting. 36. On April 12, 2000, the Defendant advised Plaintiff, Lloyd C. Earnest, who went to the Defendant's place of business to pick up the automobile, that the car restoration work was still unfinished and that Defendant would not release the automobile to the Plaintiffs unless he was immediately paid the sum of $4,000.00 in cash. 37. Plaintiffs are unable to state what amount might be due them as no accounting has ever been rendered to them by the Defendant, although one has repeatedly been requested by the Plaintiffs. WHEREFORE, Plaintiffs demand that the Court enter an Order directing the Defendant to account fully to the Plaintiffs and, further, Plaintiffs demand Judgment against the Defendant for the amount shown to be due to Plaintiffs by such accounting, with interest and costs of suit. V. COUNT III - BREACH OF CONTRACT 38. Paragraphs 1 through 37 of the Complaint are incorporated herein by reference as if set forth at length. 39. The actions of the Defendant as aforesaid are willful and constitute a material breach and default by the Defendant of the Contract entered into between Plaintiffs and Defendant, as follows: A. By failing to send "time and material" bills to the Plaintiffs relative to the body restoration work allegedly completed, although expressly obligated so to do; Page 8 ~ ~, . . .iM. B. By failing to commence any body restoration work whatsoever on the Plaintiffs' automobile for more than fifteen (15) months following Defendant's receipt of the automobile on September 15, 1995; and C. By failing to have completed the body restoration work on the Plaintiffs' automobile as of April 12, 2000, a period of four years and seven months after the Defendant's contract commenced on September 15, 1995, and despite having received from the Plaintiffs the sum of $18,856.65 during this time period for body restoration work allegedly completed. 40. As a direct and proximate result of the aforestated actions of the Defendant, the Plaintiffs have suffered and continue to suffer serious financial injury, including, but not limited to: loss of use of their 1974 Volkswagen, loss of the monies owed to them by the Defendant as will be determined by the Defendant's "time and material" records accounting, loss of the use of said monies, lost interest on the money and other such damages as may be discovered. 41. Between September 15, 1995 and April 12, 2000, the Plaintiffs submitted numerous oral, personal and written communications to the Defendant, repeatedly demanding that the Defendant submit billings and complete body restoration work on the automobile; despite these repeated demands by the Plaintiffs that the Defendant cure his breach of the Contract, the Defendant has filed and refused to give an accounting or complete body restoration work. 42. At all times material hereto, the Plaintiffs have fully and satisfactorily conformed and complied with all terms and conditions required of them under the Contract. WHEREFORE, Plaintiffs demand Judgment in their favor and against the Defendant for: Page 9 -~~ , (1) the compensatory damages shown to be due to Plaintiffs by an accounting and in an amount to be proven at trial; (2) reasonable attorney fees, interest and all other costs incurred in connection with this Replevin action; and (3) any and all other relief which this Court deems appropriate. VI. COUNT IV - BAD FAITH 43. Paragraphs I through 42 of the Complaint are incorporated herein by reference as if set forth at length. 44. By virtue of the above-stated written Contract there existed between Plaintiffs and Defendant the following relationship of Bailor and Bailee. 45. Defendant has breached his duty of good faith and fair dealing with Plaintiffs as follows: (A) By using deception and trickery to obtain $18,856.65 in monies from the Plaintiffs between September 15, 1995 and February 8, 1999 relative to body restoration work allegedly performed by Defendant on Plaintiffs' Volkswagen even though Defendant consistently refused to submit, and did not submit, any itemized bills regarding hours worked or materials paid for and used; (B) By using deception and trickery whenever Plaintiffs verbally demanded "status reports" on the car by orally informing them on numerous occasions that the car would be furnished on dates certain and then subsequently advising Plaintiffs he needed Page 10 ...; ,~ - ~ , -". ~L still more time; (C) By unreasonably and maliciously threatening on April 12, 2000, to terminate work on the automobile unless he was immediately paid the sum of $4,000.00 in cash by the Plaintiffs; (D) By unreasonably and maliciously refusing on April 12, 2000, to turn over the automobile to Plaintiff, Lloyd C. Earnest, who appeared at the Defendant's place of business that day for the express purpose of obtaining immediate possession ofthe vehicle; (E) By unreasonably disregarding his contractual duty to complete the body restoration work in a timely manner; (F) By unreasonably and maliciously advising the Plaintiffs on April 12, 2000 that body restoration work on the car was still not completed; (G) By unreasonably and maliciously harassing the Plaintiffs in April, 2000 by demanding another $8,000.00 before body restoration work on the car could be completed; and (H) By performing other outrageous, malicious and unreasonable acts in derogation of his implied duty of good faith and fair dealings. 46. As a direct and proximate result of Defendant's breach of his implied duty of good faith and fair dealings, Plaintiffs have suffered the injuries set forth above. WHEREFORE, Plaintiffs request that the Court take the following action: (1) A ward the Plaintiffs compensatory damages, together with interest due and Page 11 ,.,-- <,', . l;'u . , costs of suit, in an amount to be determined and/or proven at trial; (2) Award the Plaintiffs punitive or exemplary damages in the amount of $5,000.00; (3) Assess attorney's fees against the Defendant; (4) Any and all other relief which the Court deems appropriate; and (5) The damages being demanded do not exceed the arbitration limits set forth in the local rules of Court. Respectfully submitted, By: K'4< ,- [J ~-'~~'~'1~ BRUCE A. GROVE, JR., ESQUIRE Sup. Ct. LD. #15502 1513 Cedar Cliff Drive Camp Hill, P A 17011 (717) 763-4167 Attorney for Plaintiffs Page 12 .-ll\~"i , " VERIFICATION I, LINDA L. EARNEST , verifY that the statements made in this REPLEVIN COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. Dated: May 9, 2000 ,':( ,I\cl.o. A t.OJurd ~ " ( x ) Plaintiff ( ) Defendant < " I, LLOYD C. EARNEST . , verifY that the statements made in this REPLEVIN COMPLAINT are true and correct to .~ -,^ VERIFICA TION the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: May 9, 2000 r/4JeI e f!,FUtM~ ( x ) Plaintiff ( ) Defendant ~,,~~ . " f .. . . - _____ .-.......,.....-,. ~ u_ _ ..'_ ,.~...- ,---_.' - ~ , !.~ PIPE & SUPPLY CO" INC, '. . ',:. ='= ".l l , . . . 1301 WICOMICO STREET . P.O. BOX 6367 . BALTIMORE, MARYLAND 21230,0367 LOCAL I . WATS I FAX 410-539-8000 I ,1-800-368-8880 1-410-539-4819 , i l1.... \r) - (1~ ; \3;,\\':) \.0(\ch,~ Wi \\ ~.Q5tt)f~ -1'::\' \j W ~~~\Le.. -\-<-~ \-l<>1 i> ~- "\.._\~I\ (Y-\QN6t i 1..1.;; i \ \ dv~€.~ \:)".\ ..hYY\.Q.. ~ lMte.tl(\\ \.JYjd\\'~~ At \000 ,to -\- 0 ~~d \- wod\ ~ ~e.L, f\ WQ~'\'l ~ 3'SO,<U \.)Jr\~' ~\\.)E~\.' (1-.J r~-'''S-<1~)I\).Ji\l ud( (',)~-\.;AQ't R~ \}X~\ ~'~~$e."), (; '1!A5L:W- " OPEN 7:00 AM-12:00 NOON SATURDAYS EXHIBIT "A" ~""""';;'- , .. " .. C," ':i ~'if<"ll:l!;il,. , " . " Telephone Ca 11 s to 717 213-0338 Year Date Minutes Time $Amount 1995 08/17 2 10:20AM .35 09/14 2 3: 10PM .35 09/30 2 12:36PM .14 10/20 6 6:18PM .55 10/20 1 6:30PM .15 11/17 6 7:02PM .55 12/06 2 3:22PM .35 12/16 2 3:41PM .11 12/22 10 5:30PM .87 12/23 16 12:40PM .83 1996 01/16 4 6:34PM .39 01/22 2 4:02PM .35 01/23 1 6:30PM .15 02/26 3 3:53PM .48 04/03 1 7:52PM .15 04/12 6 3:09PM .85 04/22 2 1:40PM .35 05/13 2 7:02PM .23 06/05 1 6:29PM .15 06/11 2 4:11PM .35 10/11 1 6:32PM .15 10/14 2 10:40AM .35 12/11 5 7:24PM .47 1997 02/11 3 4:46PM .48 02/24 9 5:08PM .79 03/28 1 4:00PM .23 04/28 1 3:44PM .23 OS/21 2 5:08PM .23 06/19 2 4:37PM .35 07/15 5 3: 10PM .72 08/25 2 3 : 11 PM .35 08/26 2 5 : 1 6 PM .23 09/24 3 4:45PM .48 10/01 2 8:16PM .23 10/03 3 3: 16 PM .48 10/07 1 4:46PM .23 . 10/09 1 4:45PM .23 10/28 2 5:09PM .23 12/05 3 2:36PM .48 12/15 3 5:03PM .31 12/19 2 5:07PM .23 1998 01/03 9 11:13AM .48 01/17 4 11:54AM .24 01/19 1 9:21AM .23 01/28 2 7:22PM .23 02/02 1 6:13PM .15 02/17 3 5:52PM .31 02/25 2 5:04PM .23 02/28 1 10:00AM .09 03/14 5 12:18PM .29 03/20 9 3 : 16 PM 1.22 EXHIBIT "B" ,y.- ,,- " - di.-- ", "'.., , " . .. /" /' Year Date Minutes Time $Amount 1998 04/10 3 11:32AM .33 04/10 1 12:54PM . 11 04/15 2 5 : 14 PM .22 05/05 3 3:43PM .33 OS/27 2 3:08PM .22 06/02 1 3:22PM . 11 06/10 2 3:35PM .22 06/10 12 3:53Pm 1.32 06/18 2 3:29PM .22 06/19 3 11:43AM .33 07/20 2 12:42PM .22 08/14 5 3:08PM .55 09/10 4 6:29PM .44 09/28 1 3:23PM . 11 09/29 2 4:45PM .22 10/29 2 3:12PM .22 11/10 4 6:18PM .44 11/23 2 7:43PM .22 12/05 3 9:00AM .33 1999 01/09 6 3:39PM .66 01/30 4 11:05AM .44 02/06 1 9:21AM .11 02/08 2 3:25PM .22 03/09 8 3 : 14 PM .88 04/05 7 3 : 10 PM .77 04/05 22 3:31PM 2.42 04/06 13 3:20PM 1. 43 05/01 9 3:06PM .99 OS/26 1 3:23PM .11 06/15 12 8:28PM 1. 32 06/28 3 4:36PM .33 08/04 1 4:53PM . 11 09/07 28 7:08PM 3.08 09/27 6 4:35PM .66 10/06 1 3 : 27 PM .11 1.2/04 5 12:26PM .55 2000 01/19 3 03/01 2 3: 16 PM .22 ~ ~-~ . "~ - ~"."~,f ,. . . ,. , . Date Amount Payee Check it 09/15/95 $ 350.00 Bills Welding (deposit) 1443 11/22/95 640.00 Larry Runl< 1462 03/01/97 922.65 Bills Welding 1593 03/29/97 1,644.00 Larry Runk 1601 04/28/97 4,000.00 Larry Runk 1612 10/12/97 4,500.00 Larry Runl< 505 11/22/97 2,500.00 Bills Welding 1664 01/20/98 1,300.00 Larry Runk 526 05/14/98 1,000.00 Larry Runk 1700 07/22/98 1,000.00 Larry Runl< 563 02/08/99 1,000.00 Larry Runl{ 616 $18,856.65 EXHIBIT "e" .,:. . "= -~:.u. . . r , . ,. . ~~.-.__......-...._,~_.~~-~._~--~.. ~ . , , '/Il) tlCl..-k !Iilll{o:\d lc,.t"hcny, r,\ 17)=") Moncf;lY, l-.tndl '20, 2UOO "'".1'''''''''__. ~.'~'I'''I~' . 'I~m'!m]' III",~'" ''''1'.' lIf:rtlm"". . ., 'I lw, '. " .' " '""' . "III ' r,:immJtlUMmlillii!lllil. ....' i '...1 i. 1111 'II! 't,:, . 'I .. 'I ".' 't!' "!lill, " H '~l'J)"l~~]i:~IT' I,N, !illl!'iniJjpllil1II'I:ll'!:: f:,~ UH1e!1i '11111 \lJ ~lliI:[lJl1HI~I'i III, I'TI[, . 'I~ " '''' .1 :' 234 e. NurU. Sln,,,l Carllslc, Va 17013 Dear Mr. Itullk: TILl. fcll... will """'0 lu rcaf!inll /IIY 11I.!ruclluIlS roganllllg I~o wurk bt:1l.g <lUIIO UJI /IIY f974 VW bllg, which yuu fulYO h...l.III"" Scplclllbt:r 13, 1993, pcr uur lelcphullc c'UJlvcrsaUulI ull'ric.Ja)', Mmch 17, 2000. AgaiJl, If yuu will Jlul be p;lillUllg Um car UII Fri<la)', Man:h 24, 2000 please havc it m.<ly lur /IIC lu IIrlvc hU/ll~ UII Salwc.Jay. Mun:l. 23, 2000. 11' yuu will be p;lillJ/ng UI~ car UII Man:h 24, 2000, J will be up UtI Sulwc.Jay, April I, 2000 Iu pick it up. 1 will bt: ill culllacl wilh yuu UJI Fric.Jay, March 24, ",.,.2000 by Iclcphonc 10 discuss n mululall)' nu:cplablc IImc on cJU'CJ lhc 23" OJ lhc I" 101 mc 10 gCllhc .:.n~WL~;.::}:<.,. ......:::y.m:::::;~. .;H~:~:' ~':~ .':.:<.:::':......:'::::: ',,,,, ",J;A.J~.,,~I:,Il!<l tlnle that' pick up the car I would like a delailed accounting of your hours worked and );i:lFl!iW!Pi(@:P.Wchased as well as the payments we have made toward the work you have done from ""', . """"'"''''''''''''''''''''''''''''''''/'\''' I " <fa Th h k '11 h be d B'II' Id' d I S:H~:,),';~b'},:;li'ii!~,Ijj,~.t..,,~, 99J to Ie, ese c ec s WI ave en l11a e out to 1 s We 1I1g an most y ''''';;,;;j;ff';;i:~~~~~~~;i . ,..:':t:~;:~::::::~::~:::;:;::::::~~H:;::::m:::;:~:::;:::::: ,...."w ..... ----........--.w... ....,......... ............ .......,..................... ':~:.;.:.:.;,~;,;:::::::;.:::;~:.;::{:;.~::l::::'.' ,.'. '.......~~:':.,;.:.,:.:.:.:.:.:.:...'. .~WWMt{{f. . 's,!.!JE9.t~!r' "".,,:;3ttl!lJ!J <J~ :~;Uy~. Bur""sl " cc: S. Gruvc EXHIBIT "D" C . i:l'.ti.ni!.nI8rt.411l1!!tfli1.'~.III~."~ U ~.llllnl!Hilrll!1l!1lIlIUHlllm;IIIIH!!flj!llmljll!iI!lIHill!I!!jlil1!1t1:111111111::11 1!1:!!'HI!I!I!l!li:!iHlIlIlI1mmllmiPlmiil!IIHHlHmHmiJIl!illiIllll~Itt!II!lll!rnlIilllliilliilll(lillllllilm!.41111![! ilnr;t:fJIHU!1laimilimtFliU1mlUm~m~mnmIPHllUlitll1mnrrlmmmmmnm-mlttlrrmHI1iM1II1~lIinfHjfJlll~ . . .. .. . . . . . .. .. . . .. .. .. . .. - . .. . . '1!!!f1I:II"IHH!!i!!lllml!!!Hiii1ll11ll#!!f!UlIII!I!H!!HII!IIIIIIUlm!!HIIIIHI1I11i!1IfliITI111!!il1illlllll!IIliIlIHI!l'I,IIHI i:!'!::I!Ii'!::jl:ill'i'!lIIIIII!lIWlill11ilHlIrrliHmlill1Htlli1!!lm!lm!1i\ilnlHH'l>>HI11IIIII1!III'!IIJIII!:miIHI!lllillllli: -..-".,;,-- ., . . "'...... ) 1 ) ) J 1 ) EXHIBIT liE" . ~'" ~""',c" -. ., p ~ .." .'~J,':lI:'-M~~~!lilllfug~"""",~",,,~I;~ , 1 ~ " , 1II~ udlI!iiiBlIldJillii'- - ~:'L"~'~f'O."- , -;.l<'ol-~~~i:&I. o ~i -''''i:.; 0:1 r~l :f: i!-~ Cr,t j~' -~:2: ~:CJ ';.:C~ t:: () ,]>5; ~ ~. ~~ - . . . . o c.... ~ .....'.. -< o ." C? tr'i J.1 ,- ::gf'l i""6 ~~~ ~m >- ~ "-' -;:, ~ => (;:) . 0'. SHERIFF'S RETURN - REGULAR CASE NO: 2000-03023 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUROGEN MICHAEL S VS COUROGEN KRISTINA MARRIE ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon COUROGEN KRISTINA MARRIE the RESPONDANT , at 1900:00 HOURS, on the 28th day of June 2000 at 136 SOUTH ENOLA DRIVE APARTMENT #1 CARLISLE, PA 17013 by handing to DEBORAH SCMITT, ADULT IN CHARGE a true and attested copy of ORDER OF COURT together with REINSTATED NOTICE & COMPLAINT IN DIVORCE and at che same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 So Answer~~~ R. Thomas Kline 06/29/2000 METZGER WICKERSHAM ~~~ . By: ~. ~/ Deputy S eri ~ ~ ia- ~ ~ ~~"': SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-03051 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RAND BARBARA VS SCALIA LASHAE R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SCALIA LASHAE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , SCALIA LASHAE DEFT. COULD NOT BE LOCATED AT ADDRESS STATED PRIOR TO EXPIRATION DATE OF 6/16/00. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 12.40 5.00 10.00 .00 45.40 County Sworn and subscribed to before me this ,;(.2""""<' day of ~ ;)~ A.D. pro~a~ ~ -,..---' -- - ~" - ~ ~,~ "",,' . '~'=-."_&-!0"',<, . BARBARA RAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 60-..105/ CIVIL TERM : CIVIL ACTION--LA W LASHAE SCALlA, 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 A VENUE CARLISLE, PA 17013 (717) 249-3166 TRU~ COpy FROM RECORD In T8StiIMnywhoreofd here'untoSQt my hall<! afld the saalof saktCoort at Carlisle. Pa. This ff0~day. of ~ ~ ~ '- ~ ~;. ~..." ~ . ' ' '''7/ obJry ... '""""""""'"""1 ~ BARBARA RAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM v. CIVIL ACTION--LA W LASHAE SCALIA, Defendant COMPLAINT AND NOW, comes Barbara Rand, Plaintiff, by and through her attorney, Dirk E. Berry, Esquire, and respectfully avers the following: 1. During the period of October, 1998 through March, 2000, Plaintiff, Barbara Rand, has loaned to the Defendant, Lashae Scalia, $2,305.00 2. To date, the Defendant, Lashae Scalia, has not repaid any of the above loaned amount. 3. All of the amounts borrowed were loans and none of it constituted gifts. 4. At all times, the Defendant was aware that the amounts enumerated below were loans and had to be repaid. 5. Item 1: $2,155.00 loaned to Defendant to allow her to make bail. Item 2: $150.00 for plane ticket. 6. Defendant is fully aware that all of the above enumerated items were loans and that she is responsible for paying them in full. 7. To date, Defendant has refused to repay any amount of these loans. -'. ---.,'. " ~ , WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against Defendant in the amount of$2,305.00. Respectfully submitted, Law Office of James K. Jones, Esquire ol:::! Attomey for Plaintiff 7 Irvine Row Carlisle, P A 17013 (717) 240-0296 .;. -----. I verifY that the statements made in this Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. '-[:) nf J.tf')...~~,(')~ Barbara Rand CARL R. LEBO and BEVERLY ANN LEBO, his wife, Plaintiffs vs. GEORGE SYL VESTRI, M.D. and COWLEY MEDICAL ASSOCIATES, P.C., Defendants ~ _AA1_~&f.'?," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2990 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PLAINTIFFS' MOTION FOR STATUS CONFERENCE AND NOW, this ". in Chambers, it is directed that: ORDER day of December, 2003, following conference with counsel 1. Defendants' expert report shall be furnished on or before January 30, 2004. 2. The parties shall exchange supplemental expert reports on or before March 31, 2004. 3. This matter shall be tried during the week of civil trials commencing September 13, 2004, and counsel are deemed by this order to be attached for trial during that week. Counsel for the plaintiffs will take the responsibility of listing this case for trial prior to the cut-off date of July 26,2004. .,April L. Strang-Kutay, Esquire For the Plaintiffs ""Michael M. Badowski, Esquire For the Defendants :rlm BY THE COURT, AJ ? I ~ -DY "i12> "" IURIIM__~ "~ "'l~n .....FI" r'r .t.'..!"."U!~-1 ,E f'\~' '~'I "M ~ v lor I.'" ')!,VYi'i.I-"J')-,ny , ,I....., ,,), i J/','l" Ir..n 03 Ocr: -Ii PN 3: 46 CUMBEiiUiiiD COUNlY PENNSYlVANIA _ ~~_, ~I" -'~ MI" ~ 0 ,__< ,,_'_' ~ ~ ~ ~~. " " ,fln~l!ll~~~;.'-]t>~~i!'~n~~~~~"'I., .' Ir~-Z" ", '~