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Home My WebLink About00-03256 " "~H - ,. -",.r " '~ ~ "ilill;l,~!!l.;lt~11#' COMMONWEAL'" OF PENNSYLVANIA COURT OF COMIt1ON PLEAS NOTICE OF APPEAL FROM JUDICIAL IIISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 2000-3256 Civil Term NOTICE OF APPEAL Notice is given that the appellant has filed in the above Caurt of Cammon Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR. NAME OF OJ. \:}VtJ&F{;/tN0 () tf r tfF OTY STATE ZIP CODE 15PuRt fA- /7)/2- /;...d"AE- SlG If appellant was L (see Pa. R.C.P.J.P. ND. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE Df APPEAL. CV 1~ I ).- 6 -'cJ 0 lT 19 This black will be ~gned ONLY when this notatian is required under Po. R.CPJP, No. 1008B. This Notice af Appeal, when received by the District Justice, will aperote as a SUPERSEDEAS to the judgment for passessian in this case. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa, R.CP.J.P. No, 1001 (7) in action before District Justice, IF NOT USED, detach from CDPY of notice of appeal to be served upon appellee), PRAECIPE: To. Prothonotary Enter ~Ie upa,;t 5 k E- .If IV (CommonPleasNo.2000-3256 Civil L- tJ Ij ETT If-: L-: Name of appellee(S) Term , appellee(s), to. file a complaint in this appeal ) within twenty (20) d RULE: if kF-k/V !-()!t E-TT A- [., Name of --'~s) , appellee(s). (1) Yau are notified that a rule is hereby entered upon yau to file a complaint in this appeal within twenty (20) days after the date of ~i service af this rule upon you by personal service or by certified or registered maiL (2) If you do. not file a complaint within this time, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU. Date: ",""... 0<..... 0< .."'" , ""'" _ ~ ""'....... 0< ...~ . I ~ . May 25, ?JlOO ~' ~ ,~. ! of ~ f10PC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY aJ'l IT' '----a...~~ifli~~-~;;!<l:~ ~-'-'"''''.W1Llil~(j_r~ _~! j: 1 tn ,-~_. ,- <l.~~I~MH J __nil;'IIl!!li~ '" Iu_uv-n - j '" '* ~..'" PIROOF OF ~IERVICIE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT COMMONWE'ALTH OF PENNSYlVANIA (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal," Check applicable boxes)' COUNTY OF ; 58 AFFIDA'tlT: I hereby swear or affirm that I served [J a copy of the Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on (date of service) 0 by personal service 0 by (certified) (registered) mail, sender's mceipt attachEd hereto, and upon the appellee, (name) , on , 19__ by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, [J and further that I served the Rule to Fiie a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19~ 0 by personal service 0 by (certified) (registered) mall, sender's receipt at!ached hereto, SWORN (AFFIFIMED) AND SUBSCRIBED BEFORE ME THIS ~___ DAY OF ___, 1L_ Signature of official before whom affidavit was made Title of offici€lj My commissj,;m expires on , 19______ ~r ~ C> <r.: JJ 1b .~'.'.'."..'.,- '>" ~-, ~.~;.-" :-,,,,,', , \,< \ (,\. -- ~ ~~~ ~ ,) " :t. \ b.,~ Signature of >L" (') <::> 0 ~ C C> ..." s: :x :~ va.; lD" ;+1:!l i'nq:::. -< " ,..... Z._,--.' N ,,,.,m zr ~6 ~ ~j~ c...n ~ ~C .'0 ~ -I' ::E: O:n J~ ,--. ';, (') ~\....i ~~C) "'-rn )>C r.:? S ~ (]) ~ ~ - - "M ..~~- ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-05 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and i\DDRESS IsKEAN, LORETTA L. ., 23 HEMLOCK DRIVE MECHANICSBURG, PA 17055 L ~ Mag. Dist No.: OJ Name: Hon. GAYLE A. ELDER Add"" 507 N. YORK ST. MECHANICSBURG, PA VS. T"'phoo" (717) 766 -4575 17055 DEFENDANT: NAME and ADDRESS 'wOLFGANG APPLIANCE SERVICE JOHN WOLFGANG 7708 ALTHEA AVENUE ~ISBURG, PA 17112 Docket No.: cv- 0000126 - 00 Date Filed: 4/17/00 ., WOLFGANG APPLIANCE SERVICE JOHN WOLFGANG 7708 ALTHEA AVENUE HARRISBURG, PA 17112 ~ THIS IS TO NOTIFY YOU THAT: Judgment: DEFAm,T JUDGMENT PLTF [!] Judgment was entered for: (Name) Rll'RlIN T.nRR'M'lI T, [!] Judgment was entered against: (Name) wnT.F~lIN~ lIPPT.TANC-R llRRVTC-R in the amount of $ 1 n<;<; nn on: (Date of Judgment) <;/1/i/nn o Delendants are jointly and severally liable, o Damages will be assessed on: (Date & Time) O Amount of Judgment Subject to Attachment! Act 5 of 1996 $ Amount of Judgment $ 1.000.00 Judgment Costs $ 55.00 Interest on Judgment ' $ .00 Attorney Fees $ .00 Total $ 1.055.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o This case dismissed without prejudice. o Levy is stayed for days orD generally stayed. o Objection to levy has b~en filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVILJ;lJ.'fISION"'VQU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTJ~ANSCRIPT ~RM WITH YmJR~~leE'Of!'AP.f'EAL. , < \ I I ~), " -_J:_S> .,., " - 5 / G ' ((yate v - ! / ' ,~ - ffbisfr!ct Jus.tice- ,,' - ~, I certify that this is a true and correct copy of the record jthe proceerf?gs cuntaiIJI',t,rle'ilJdgm:ilnt. -::...' / Ct ' (Gate , .' " ,- , ' , 0-':I;:"Qistrict Justic~ . '-',', My commission expires first Monday of January, AOPC 315.99 2006 SEAL ~~'~~'~ ~ ll~k_1\/I!j, ~llW<!I,~lii!jj..j!li{fa.4i;!lruif'"!!!t;i],,~~.u..~Iil~_" . .Ii"'"""'''''''''-'".~ =~ ~M lI\!I.ii\il .,'. ~'~''''''lIliiilIIIlilil - ~ D 0 0 ~ c:: 0 ., ~ :~:_..". :l!: <-i '..j ~! fl1 J~ T::a ;~ -< '!1~ 7 "'" -ClfTJ 0<::_. 2~ .-," U; TIO >" ;:";(~ G ..-1 '--..--.:" "U :.1:' ::g C" Z~'-~: ..- a-c. .::.......C) >::~.~ -C,.,) om ~ / ~ ----\ ~ er, -< (]) 'S'i . ~~~9~<;~~,~~_,~~~','._~,', :~~ coMMo..lwE~LT~.~~;'NN5YLVANIA I. c,O..-flT ()F:COMMo'N 5:".... FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUD(,;MENT COMMON PLEAS N... 2000-3.256 Civil Term NOTICE. OF ApPEAL Notice is given that the. apPellant has filed in tlie abave Court of Comnion Pleas an appeal from the judgment rendered by the District. Justice on tlie date and in the .case mentioned below. ' ' '';..~r ZIP CODE ) I 2.. (Defenqant) '-d)( 'f.. CV 111 , ). , -() 0 LT 19' This black will be, signed ONLY' when this notation is required under Po. R .PJ.P. No. 1008B. This Notice of Appeal, when' received by the District Justice, will;operote as a SUPERSEDEAS.fa ,the. judgment, for possession in. this case. SiQ,qature of, Prothonotary or Deputy If appellan/Was (see Pa. RCP,JP. No. 1001(6) in action beip(e District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. JlRAECIPE,TO ENTER 'RULE TO FILE COMPLAINT AND RULE TO FILE r' , . .' . ,'- , (This section 0110mJ to. be LisfJd ONLY when appellant was DEFENDANT (see Pa, R.C.P,JP, No, IF NOT USED, detach .frOm cOPy of notice of appeal to be served upon appellee). PRAECIPE: To Prothanoklry Enter ~Ie upon~ . 5 k E A IV (Common Pleas;"",- 20:~O-~?56 Civil 1001 (7) in action before District Justice, t, dlj ETT It-. "- Name of appe/fee(s) Term ,appellee(s), to file a complaint in this appeal ) within twenty (20) d ~ULE: $f'/rj;A-I'V.$t-oP, EfT It- {.... ;-:';- ':. '\~>~ ') "'~.;Name of awe/~e(s) ~'_~,:(:,,:,- :---,i,:" ,'_ ".';.._, _ _ I ',-, " ,,>.._.' ,:-;'- :', ..... (1 f't~rare liliiifieclil)<;'f'a rule is hereby entered upon yau fa file a complaint in this appeal within twenty (20) days'cifter tlie date 'bf service of thiS;'~1e u~ YOl\ by personal service or by certified or registered maiL :;.' " ~j} ".'P , appellee(s). Date: (2) If you do not file a c9!T'plaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. ;"'..,:~,~~21,~A;;~?';t:~:':,,~_, , ;, (3)The,.~r"..,t6f~.\i,'~';'i~~~.f'?'.'..!,..~il,~.I..~.,..'.:~.".~.;,S.'i.,:">;Vl..'ce,.,, wasbymailiSthedateOfma~'li. . .. . r,~' .. . ,. ' . May irli$'i;\: "110.0 '>?~3jl{ _ v-M.!d .,~-~ ":";, ,1T_~ - ';\',-,::.:,l'- '! of ~~ ""."~'-1 . -".1'.',,1,' ..........., ,iF-~- ,?.-;' "-, "t'.' ".,,' ~': /:, '-' If ."t;:.;~;' ,~' , " -,'- i', ~'., # - !' " , -'.. "-', ~f' #''l>- 'f:'.- , ~ ,,'- 'ii-',~ ";~' _ /.k ~,i "'../ ft,.! l ,~'" " _\ ,'~::~"'""'-''''4Y 2-' k ~'. 4,;;; "rsdt' ,- Af ftt;.'.' :~. .. '-I',' .".,., "',- !ft: l' .~ ,-.:.',"" ,'~';'-C!/i" r' _-r}~ . ;'!"he:~!,;E:.:f~~:~::;*J:. N:)PC 312-84 COURT FILE ltlIri~!7~-_'''',.h _", , "'_"'''4'"'''''''''''''''''''''''~I.",C'~o.""\,,,",,".,~._,~J '.,- ("-",, ; ~"y -,,'" "."",<.i;.",~""-.;,i;;,',""~,i,..,,,,,,~~~ ._~,.,.. ,-", ,. ~--> .~ - ~,~ ~. ~. ~ ,. -r ,,~~'g~ "',t~~~fM~'__'."~~"'P~""'~Ii>' 4ti'/. 1,~'-1 '~""w~,j.--,,~ih.J.~~illiili'IIOA:-[J~,'~ill1fJijJrl .!lIlfU\l!l~~lif'l:i!T . U ~tj[!iJ\!i tr ~.It -" ~It I \ qft" -~, '\1.- i!Iili!ljllijj.~'!f'- ""I~~~ ~~~lfu;:-" - PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT COMMOIllW!:Al TH (Th!s proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) , AFFIDAVIT: I hereby swear or affirm thai I served IgJ ," copy ot the Notice ~~lpeal, lommon Ploas NO,j;),6tb - 3,),50 ,upon the District Justice designated therein o,n (date ofserv!"e) ,;j.s; 00 ''';; bY.fJrsonal~rvlce )4 by (eerlltledl (registered) mall, senders ree ipt altaChE~,ereIO, and upon the appellee, (name) ril. a ,K... (J (] ,on , " , ~ 0 by personal service i1ll by (certified) (registered) maii, sender's receipt attached hereto, iJ and furtR r that 1 served the Rule to File a 9If{nplalnt accompanying the above Notice of Appeal upon the appeHea(s) to whom tile Rule was addressed on .11 \0.1!- ~ f.c , 1ii1000 po' by personal service 0 by (certified) (registered) """. U"W. ~.," "~""" - a owo'" ;A~'''M'') '" '"'''''"'0 "'0" M' _yf:if d~ THIS ~_~.tlL _ DAY OF Jn1i.lJ._____ , ~O., /-""~ _ ~-~---'-O- nature ~ amant J Jt..U.~_ Signature of offlcf-fiI before whom affidavit was made ."1ld Tille of offici.d , ~ COUNTY OF ; S5 My cc>mmmli+on eJq:)res on , I: Notanal Seal Debra M. Smith, Notary Public Blain 8oro, Perry County My Commission Expires Nov, 13,2000 Member, Pennsylvania ASSOCIatIOn of Notanes o c: $: ;:Rm Z:::a Zt; ~Z kO ~O 5>g ~ . ,0 ~~Iv--,,= o o ::l!I: ". -< W ~ ? ' ,- :!J rn,- '~,~' ,~ ~ -0 ::Jt ~ r;:- N ~= _, . ~."'" ___~_.._, _ -_ ~.".~,'"' ' ~"'~'_M_~__~"">~,",,_~,,_,_=__~,_ ~, ,. , '.,;-1IIIi ,..." ,..." ,..." t:J ,..." ,..." o t:J Cl lU ~ ~2..,a~~~~r~z:l.~~~~~~C::lc~%.LiJ:;Y..__".._.w_".___..._! tr'" I Street,. Apt. No.; or PO B01l: NQ. ' 1 ~,.~~11;t..ELJ;k_.11-d';:r........_....~_._....._...1 >~: -,-_ ~~..uJ.!Sj_~~~~~,&,,~&,!'.:.:~;t:;:::'f:'::~:~.':j:.~.~~4ii;g\",tillS~~,~.fill'.r.'I,.iJ:}~~)!~-:L - . LORETTA L. SKEAN, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00 - 3256 vs. . . WOLFGANG APPLIANCE SERVICE and JOHN L. WOLFGANG, Defendants CIVIL ACTION - LAW NOT ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Andrew C. Sheely, re PA. 1.0. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff ~, . -.: LORETTA L. SKEAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00 - 3256 vs. . . WOLFGANG APPLIANCE SERVICE and JOHN L. WOLFGANG, Defendants CIVIL ACTION - LAW COMPLAINT Plaintiff, Loretta L. Skean, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint against the named Defendants, and respectfully alleges as follows: 1. Plaintiff is Loretta L. Skean, an adult individual who resides at 23 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Wolfgang Appliance Service is an unregistered fictitious name with a principal place of business at 7708 Althea Avenue, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Defendant John L. Wolfgang is an adult individual with a last known address of 7708 Althea Avenue, Harrisburg, Dauphin County, Pennsylvania, 17112. 4. At all relevant times, Defendant John L. Wolfgang acted in either his individual capacity or as agent for Defendant Wolfgang Appliance Service. 5. On or about August 5, 1998, Plaintiff began experiencing cooling problems with a USub-Zero" refrigeration unit at her residence. - . M, 6. In light of the problems, Plaintiff called Wolfgang Appliance Service for the purpose of inspecting and repairing the refrigeration unit at Plaintiff's residence. 7. On or about August 6, 1998, Andrew Wolfgang, an agent of Wolfgang Appliance Service, inspected the refrigeration unit at Plaintiff's residence in Mechanicsburg, Cumberland County, Pennsylvania. 8. Andrew Wolfgang, agent for Wolfgang Appliance Service, advised Plaintiff she could either repair the refrigeration unit with a new compressor or purchase a new llSub-Zero" refrigerator at a substantial cost of $4,200.00 9. As a result of the recommendations of Andrew Wolfgang, agent for Wolfgang Appliance Services, Plaintiff paid Wolfgang Appliance Service an amount of $519.35 for the installation of a new compressor unit which Wolfgang Appliance Service advised was necessary to repair the refrigeration unit. 10. Thereafter, on or about August 18, 1999, Plaintiff began having cooling problems with the refrigeration unit similar to the problems which were incurred one year earlier. 11. On or about August 18, 1999, Plaintiff again contacted Wolfgang Appliance Service due to cooling problems with the refrigeration unit and forwarded a check in the amount of $150.00 to Defendant John L. Wolfgang in accordance with his request. 12. As a result of an inspection on August 23, 1999, Andrew Wolfgang, agent for Wolfgang Appliance Services, recommended 2 .-. another new compressor and a new evaporator to repair the problems with Plaintiff's refrigeration unit. 13. On August 23, 1999, Plaintiff paid Wolfgang Appliance Service an additional amount of $281.52 for the installation of a new evaporator unit for the refrigeration unit. 14. At all times, Plaintiff relied upon the representations of Defendants. 15. On or about October 6, 1999, the refrigeration unit failed again. 16. On or about October 6, 1999, Defendant John L. Wolfgang inspected .the refrigeration unit and advised that any further repairs would be made free of charge. 17. On or about October 11, 1999, Andrew Wolfgang, agent for Wolfgang Appliance Service, vacuumed and recharged the refrigeration unit. 18. On or about October 11, 1999, Andrew Wolfgang, agent for Wolfgang Appliance Service, advised Plaintiff that her refrigerator was nan older Sub-zero, but that it should be working fine now." 19. Later in the evening of October 11, 1999, on the same day as the vacuuming and recharging of the refrigerator by Defendant Wolfgang Appliance Center, the refrigeration unit failed again. 20. On or about October 12, 1999, Plaintiff was advised by John L. Wolfgang as follows: nObviously, something else went wrong and you'll have to pay $350.00 to repair the new problem." 3 ',~ 21. The representations made by John L. Wolfgang on October 12, 1999 were made without any inspection of the refrigeration unit. 22. On or about October 14, 1999, Jim Becker, of Strawbridge Electric Co., inspected Plaintiff's refrigeration unit and discovered several leaks in the drain pan condensation loop which impaired the ability of the refrigeration unit to properly cool the refrigeration unit. 23. On or about October 14, 1999, Plaintiff paid Jim Becker, of Strawbridge Electric Company, an amount of $55.12 to inspect the system. 24. On or about October 19, 1999, Plaintiff paid Jim Becker, of Strawbridge Electric Company, an amount of $250.50 to replace the drain pan condensation loop. 25. The drain pan condensation loop was never inspected by Andrew Wolfgang or John L. wolfgang, either individually or as agent for Wolfgang Appliance Service. 26. Plaintiff's refrigeration unit has functioned properly without incident since October 19, 1999. COUNT 1 BREACH OF AGREEMENT SKEAN v. WOLFGANG APPLIANCE SERVICE 27. paragraphs 1 - 26 are hereby incorporated by reference 4 ~ -6, as if fully restated herein. 28. As a result of the recommendations of the agents of Wolfgang Appliances Service, Plaintiff paid Wolfgang Appliance Service or agents thereof an amount of Nine Hundred Fifty Dollars and Eighty-Seven Cents ($950.87) to repair Plaintiff's refrigerator unit. 29. Defendant wolfgang Appliance Service failed to correct Plaintiff's refrigeration unit. 30. Plaintiff substantially complied with the request of Defendant wolfgang Appliance Service agents and paid Defendant Wolfgang Services for services rendered to Plaintiff. 31. Defendant Wolfgang Appliance Service breached its agreement and failed to repair Plaintiff's refrigeration unit. WHEREFORE, Plaintiff respectfully requests that a judgment be entered against Wolfgang Appliance service in the amount of Nine Hundred Fifty Dollars and Eighty-Seven Cents ($950.87), plus costs of the action, an amount within the arbitration limits under the local rules of Court. COUNT 2 UNJUST ENRICHMENT SKEAN v. WOLFGANG APPLIANCE SERVICE 32. paragraphs 1 - 31 are hereby incorporated by reference as if fully restated herein. 33. Defendant Wolfgang Appliance Service has been unjustly 5 ~~ enriched in the amount of Nine Hundred Fifty Dollars and Eighty- Seven Cents ($950.87). WHEREFORE, Plaintiff respectfully requests that a judgment be entered against Wolfgang Appliance Service in the amount of Nine Hundred Fifty Dollars and Eighty-Seven Cents ($950.87), plus costs of the action, an amount within the arbitration limits under the local rules of Court. COUNT 3 NEGLIGENCE SKEAN v. WOLFGANG APPLIANCE SERVICE 34. paragraphs 1 - 33 are hereby incorporated by reference as if fully set forth herein. 35. Defendant Wolfgang Appliance Service failed to use proper and reasonable care when inspecting Plaintiff's refrigeration unit during all calls to repair Plaintiff's refrigeration unit. 36. Defendant Wolfgang Appliance Service negligently inspected plaintiff's refrigeration unit during all calls to repair Plaintiff's refrigeration unit. 37. AS a result of Defendant Wolfgang Appliance Service's negligence, Plaintiff was required to pay an amount of Nine Hundred Fifty Dollars and Eighty-Seven Cents ($950.87) for repairs which were not necessary to Plaintiff's refrigeration unit. 38. AS a result of the negligence of Defendant Wolfgang Appliance Service, Plaintiff has suffered losses in excess of Nine Hundred Fifty Dollars and Eighty-Seven Cents ($950.87). 6 WHEREFORE, Plaintiff respectfully requests that a judgment be entered against Wolfgang Appliance Service in the amount of Nine Hundred Fifty Dollars and Eighty-Seven Cents ($950.87), plus costs of the action, an amount within the arbitration limits under the local rules of Court. COUNT 4 UNLAWFUL ACTS AND TRADE PRACTICES SKEAN v. WOLFGANG APPLIANCE SERVICES 39. Paragraphs 1 - 38 are hereby incorporated by reference. 40. The offering of services primarily for personal, family and household purposes is governed by the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201-1 et seg. 41. Defendant Wolfgang Appliance Service and its agents engaged in unfair and deceptive trade practices in the following manners: i. Representing that Plaintiff's refrigeration unit required repairs in the amount of Nine Hundred Fifty Dollars and Eighty-Seven Cents ($950.87) for labor and a new compressor when the refrigeration unit required other repairs which were not investigated or reported to Plaintiff; and ii. Failing to properly investigate the defective and deficient conditions associated with Plaintiff's refrigeration unit prior to recommending services and repairs which were not necessary; and iii. Failing to repair and correct Plaintiff's refrigeration unit in a quality and workmanlike manner after receiving payment for all work recommended by Defendant; and iv. Creating substantial confusion by trading 7 .~ and doing business under an unregistered fictitious name, cashing checks in individual and business names and failing to use one common name when billing Plaintiff; and v. Advising Plaintiff as to the cost to repair a defective refrigeration unit without inspecting said system after Plaintiff had previously paid Defendant Wolfgang Appliance Service an amount in excess of $950.00 to repair the system; and vi. Advising Plaintiff on October 8, 1999 that repairs would be made free of. charge and subsequently on October 12, 1999 advising Plaintiff that additional repairs would cost $350.00 without inspecting the refrigeration unit. 42. As a result of the aforesaid statements of fact and actions, Defendant Wolfgang Appliance Service violated the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201-1 et seq. WHEREFORE, Plaintiff respectfully requests that a judgment be entered against wolfgang Appliance Service in the amount of Nine Hundred Fifty Dollars and Eighty-Seven Cents ($950.87), plus reasonable attorney fees and court costs, and an amount determined by this Honorable Court which in its discretion may award a judgment three times the amount of the award which fairly represents the losses sustained by Plaintiff, and any additional relief as deemed necessary and proper pursuant to 73 P.S. Section 201-9.2 et sea., an amount within the arbitration limits under the local rules of Court. 8 ,~ ~. COUNT 5 BREACH OF AGREEMENT SKEAN v. JOHN L. WOLFGANG. INDIVIDUALLY 43. Paragraphs 1 - 42 are hereby incorporated by reference. 44. On or about August 18, 1999, Defendant John L. Wolfgang was paid an amount of $150.00 by Plaintiff as a deposit for refrigeration repairs. 45. The check was signed and endorsed by John L. Wolfgang, individually, on or about August 24, 1999. 46. Defendant John L. Wolfgang breached his agreement to repair Plaintiff's refrigeration unit. WHEREFORE, Plaintiff respectfully requests that a judgment be entered against John L. Wolfgang in the amount of One Hundred Fifty dollars ($150.00), plus costs of the action, an amount within the arbitration limits under the local rules of Court. COUNT 6 UNJUST ENRICHMENT SKEAN v. JOHN L. WOLFGANG. INDIVIDUALLY 47. Paragraphs 1 - 46 are hereby incorporated by reference as if fully restated herein. 48. Defendant John L. Wolfgang have been unjustly enriched in the amount of One Hundred Fifty Dollars ($150.00). 9 " I ~. "Jil WHEREFORE, Plaintiff respectfully requests that a judgment be entered against John L. Wolfgang in the amount of One Hundred Fifty dollars ($150.00), plus costs of the action, an amount within the arbitration limits under the local rules of Court. Respectfully submitted, Date: June $f', 2000 ~c-&./!) Andrew C. Sheely LD. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Plaintiff 10 ~ " - -""->-. VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge and belief. I understand that unsworn statements herein are made subject to the penalties of 18 Fa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: June 8 , 2000 ~~ ~JhcvJ L retta L. Skean o. CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Complaint upon the following named entity and individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, pennsylvania, addressed as follows: WOLFGANG APPLIANCE SERVICE 7708 ALTHEA AVENUE HARRISBURG PA 17112 JOHN L. WOLFGANG 7708 ALTHEA AVENUE HARRISBURG PA 17112 Date: June 9 , 2000 Ifr,duJ C ~ Andrew C. Sheely, Esqu e Attorney for Plaintiff , ~I -~lwitf.'-~~'w.ifliH~ -. "".~~;H.;m~jj~l~II'Ilt"lilIfjijiIJllfdmil!fIBIl8~ ~ ~.~~"-^- ",-,_,I (') C ~' ;:g f[i ""'," j ..:::- T~ t}I;~: <':< r;{~J ~~; C:: z ~ , ""'-- . -- ~, a .::J o ~-Il , "- :1: '-j ;!~ Ii .' 'j= -Ci'1 ~;') (;J (),1 ~,;J~7 (-~. :J) --"!c) (~rn --:::j ~. :0 -< . <1:) :0- -.. ~ 9 i'-.:), '.0 . - - "~ """"',....... .', -.." ~ ~ l . LORETTA L. SKEAN, Plaintiff IN THE COURT OF COMMON PLEAS QF CUMBERLAND COUNTY, PENNSYLVANIA 00 - 3256 vs. WOLFGANG APPLIANCE SERVICE and JOHN L. WOLFGANG, Defendants CIVIL ACTION - LAW PRAECIPE TO SETTLE. SATISFY AND DISCONTINUE TO: Curtis R. Long, Prothonotary Court Of Common Pleas of Cumberland County, Pennsylvania Kindly mark the above-captioned matter settled, satisfied and discontinued, with prejudice. Respectfully submitted, Date: JuneZ-$', 2000 ~C~~ LD. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Plaintiff w~r:~~~ , -;:.....;.-, l!iiIlIilll"\""~,,,i,,"'~IIi.UlliMM l!kJflllW:Witt!-!~Jj l~ ""'.......' .-'-~d > H' ~.i """-""'--->=I-',,~ "'- -' ... 0 0 C) C 0 "[1 $: : -00::; '.", men r~ 2::) Le- I :.'~t,~j ~d': cr, 0 ~\;) <: -0 -":'--" ~c ~ ~~~ -c j;c S:? C)\ ,. ,..., ~ <=" J:-: _u -.l -< "., ,. .. t . . CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Praecipe to Settle, Satisfy and Discontinue upon the following named entity and individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: WOLFGANG APPLIANCE SERVICE 7708 ALTHEA AVENUE HARRISBURG PA 17112 JOHN L. WOLFGANG 7708 ALTHEA AVENUE HARRISBURG PA 17112 Date: June 2ft' , 2000 !!::!:c. ~~ire Attorney for Plaintiff 2 .~- -. ~ ,'"" '~t~.i'H!:!lai'ilUf C~;U.III"' "'~tl -of ~ '" , "iJL":L ~- ~ Jj' "-..-.... 1- ',' , "1' , ;. -) l \ :::i( _C :1.( 0 C:1' c: (,;;) s:: <- -ace c- ::, '.T, rnf"n . ,.;::; ,-' Z:J) 1 "Q z'-- ~1~ C1' ,'''-., ' ;~) ;~~ !:2C ""V g~ :P~' ~""" 26 w :Pc -..; ~ "> ~ '0 ...J :::.:.: