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HomeMy WebLinkAbout02-6189COMMONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS ~UlN¢~AL NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~:) ,,~ ~ / ~ ~'~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pk~as an appeal from the judgment rendered by the District Justice on the date and Jn the case mentioned below. This block will be signed ONLY when this notation is required under P~'[C~.J'~. t'~/ If appellant was CLAIMANT (see ~ ....... 1008B. 1001 ( 6 ) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case fILE A COMPLAINT wJthi~ twertt¥ (20) dsys after filing his NOTI~F. of APPEAl. Signature o! Pro~honotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fon'n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAEClPE: To Prothonotary ~v,~/~ ~/~ .~'~/~,.~.... , appellee(s), to file a complaint in this appeal / Name ot appellee(s) Enter rule upon RULE: To ~ Ne~e o~ en~e~k~e~s) )within twenty (20)~/~,~ suffer entry of judgment of non peas. · --// . . (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of 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. (3) The date of service of this rule if service was by mail is the date of mailing. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,;SS AFFIDAVIT: I hereby swear or affirrn that I served [] a copy of the Notice of Appeal. Common Pleas, No.upon the District Justice designated therein on (date of service) [] by personal service [] by fcertified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (namei on [] by personai ser'vice [~-by (certifi-~,~i [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on mail, sender's receipt attach~8'h~-{~i [] by personal servce [] by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ..... My comrn ssion expires o~ ~ COMMONWEALTH OF PENNSYLVANIA ~OUNTY OF: CUMBER~-a, ND Ma9 Dist. No 09-1-01 DJ Name CHARLES A. CLEMENT, JR. Add,ess: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Teephone {717 )-' 774-5989 ':.':"! i 17070 ATTORNEY DEP PRIVATE : JOSEPH A. CURCILLO III, ESQ. 3964 LEXINGTON ST. HARRISBURG, PA 17109 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE :LAINTIFF: NAME ana ADDRESS FDEATRICK, MINDY RD#l- BOX 59 ICKESBURG, PA 17037 -- VS. DEFENDANT: NAME and ADDRESS FNGUYEN, TDBA JOHN, ET 3200 OLD GETTYSBURG ROAD ~CAMP HILL, PA 17011 DOCKe[ No.: CV-0000535-02 Date Filed: 10/07/02 T~IS IS TO NO'~IFY YOU THAT: ~ _-judgment: ~-~ Judgment was entered for: (Name) F~ Judgment was entered against: (Name) in the amount of $ 5,13'7f~ _ n"/ on: ~ Defendants are jointly and severally liable. ~ Damages will be assessed on: r--] This case dismissed without prejudice. ~-~Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~ Levy is stayed for days or ~ generally stayed. E~ Objection to levy has been filed and hearing will be held: FOR pT,AT~q~IFF p~A~RT~: MTN'IJ~ H~TDT.~ JO~N (Daie of Judgment) (Date & Time) Amount of JudgmeOt $ 4,948.57 Judgmf~nt CoSts . $: 121.5( nterest on Judgm¢_ nt $ .00 ~ ~ 00 Attorney Fees , > $ ' Total -' ',, $ 5,070.07 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF J~MEN,T, I~¥ F. IE.I, NG A NOTICE OF APPEAL W TH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PL~;crviLDIVISION. yOu co. BEC- 3 200 aate ~ ~--~. !: ~' '; ::'D;~tri~t Justice' I Cedify that this is a true ~co[reCt co~ of~e ~of ~~s con(~j?~ t~ jo'dgment. , My commission expires first Monday of January, 2008 SEAL AOPC 315-99 COMMONWEALTH OF RENNSYLVANIA COUNTY OF: COl~JBERT~AI~TD 09-1-01 CHARLES A. CLEMENT, JR. Add ..... 400 BRIDGE STREET OLDE TOWNE COMMONS ' SUITE. 3 NEW CUMBERLAND, PA 77~-:598~ JOSEPH A. CURCILLO III, ESQ. 3964 LEXINGTON ST. HARRISBURG, PA 17109 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLA' NTIFF: NAME and ADDR~S ~EATRICK, MINDY R.D#1-BOX 59 ICKESBURG, PA 17037 - VS. DEFENDANT: NAME an(: ADDRESS FNGUYEN/ TDBA.JOHN, ET AL. 3200 OLD GETTYSBURG ROAD CAMP HILL, PA 17011 Docket No.: CV-0000535-02 Date Filed: 10/07/02 _1 TH~IS IS TO NOTIFY YOU THAT: - ~ Judgment: .............. ~'] Judgment was entered for: (Name) ~] Judgment was entered against: (Name) in the amount of $ ,~, 0'70 _ n'7 on: FOR_ plAINTIFF n~T~k; MTN-bY (Date of Judgment) I Defendants are jointly and severally liable. Damages will be assessed on: ~--] This case dismissed without prejudice. ~--~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $. Levy is stayed for ~days or ~--] generally:stayed, ~-] Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 4,948'571 Judgment Costs $ 121.50 Interest on Judgment $ · O0 Attorney Fees $ o O0 Total $ 5,070.07 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY O ,Y'FIt:IN~/~,NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS~FClViL~ ~t¥1~ON. yOU T FORM WITH ~*R NQTIcE~OF A]~PEAL MUST iNCLUDE A COPY OF THiS NOTICE OF JUDGAE~TiTR~__j.~, N.~n ,1.o ~'"' nEC - 3 200~ate ~ Q. ~~.~,.. ~ ' ,D,stdbtJUStice CO ntainin~,~ judgment. I certif~ tha)this is a true an~ect co~ of t~e~the P~ ~'~' ~%'' / ~//~/~ Date ~~~ ~, ~~, ,"~tdCt Justice) My commission expires first Monday of January, 2008 /~ ~ ' SEAL AOPC 315-99 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist No: 09 -1-01 DJ Name Hon. CHARLES A. CLE~T, JR. A~dress: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 ~W CUMBERLAND, PA Teleph .... (717) 774'5989 17070 ATTOP, NEY DEF PRIVATE : JOSEPH A. CURCILLO III, ESQ. 3964 LEXINGTON ST. HARRISBURG, PA 17109 THIS IS TO NOTIFY YOU THAT: Judgment: ~"~ Judgment entered for: (Name) was ~ Judgment was entered against: (Name) in the amount of $ 5: II"/tl _ I1"/ on: Defendants are jointly and severally liable. NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FDEATRICK, MINDY RD#1 - BOX 59 ICKESBURG, PA 17037 VS. DEFENDANT: NAME and ADDRESS F-NGUYEN, TDBA JOHN, ET AL. 3200 OLD GETTYSBURG ROAD ~AMP HILL, PA 17011 Docket No.: CV- 0000535-02 Date F ed: 10/07/02 FOR PLAINTIFF J Damages will be assessed on: ~--~ This case dismissed without prejudice. ~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ~ generally stayed. [--~ Objection to levy has been filed and hearing will be held: T~.Aq~RTO. K: MTMTTF TD~ RTC-~ p~RFORMANC~ (~ °f JudgmeQt) 1 (Date & Time) Amount ~f'Judgm~, JudgmEst Costs ~ ,: $ ~2~.50 Interest on Ju~t $ .00 Attorney Fees ,,?~ ~ $ .00 Total -- >,$ 5,070.07 Post Judgment Credits , $ Post Judgment Costs $. Certified Judgment Total $ Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF J~,D~EN~ ~ FI~NG~ A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PL~ ~tVIL.DIVlSi0N. YOu MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRA~:..NS..S.,.CR,~PT FORM W~HY~UR N~T~C~~F APPEAL. ~EC - 3 200~ate ~, Di~t¢ictJustice ,~ --' -~ ~ t~,; , . I certify tha) this is a true an~r~ect copy of the reef t~,oc~ings con(Apin~'~e judgment. ~/~/O ~ ~~__ Justice / ~ Date My commission expires first Monday of January, ~08~' ~ SEAL AOPC 315-99 MINDY DEATRICK, Plaintiff vs JOHN NGUYEN, a/k/a JOHN HEIDLER,: t/d/b/a HIGH PERFORMANCE : IMPORTS : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW o~-/_ NVM ER:I '- CIVIL TERM 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 claimts 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. Pennsylvania Bar Association Lawyer Referral Service 100 South Street P O Box 186 Harrisburg PA 17108 Telephone: 1-800-692-7375 or (717) 238-6715 By: Sally J. Wi~ler Attorney for Plaintiff 9974 Molly Pitcher Highway Shippensburg, PA 17257 MINDY DEATRICK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS JOHNNGUYEN, a/k/a JOHN HEIDLER, t/d/b/a HIGH PERFORMANCE IMPORTS Defendant CIVIL ACTION - LAW NUMBER: 02- 6189 CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, MINDY DEATRICK, by and through her counsel, Sally J. Winder, and respectfully represents as follows in support of this Complaint: 1. Plaintiff, MINDY DEATRICK, is a sui juris adult individual residing at R.D. 1, Box 59, Ickesburg, Perry County, Pennsylvania, 17037. 2. Defendant, JOHN NGUYEN, also known as JOHN HEIDLER is a sui juris adult individual doing business as HIGH PERFORManCE IMPORTS, located at 3200 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff is the owner of a certain 1998 Mitsubishi Eclipse ( hereafter "the Eclipse") automobile which was driven to Defendant's place of business, High Performance Imports, 3200 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, in June 2002, when the clutch on the car failed and was no longer operable. 4. Plaintiff, MINDY DEATRICK, was told by iDefendant, JOHN NGUYEN, a/k/a, JOHN HEIDLER, that the clutch needed to be replaced and that the cost of this repair would be approximately $1,100.00. 5. Plaintiff, MINDY DEATRICK, told Defendant that she did not have the money to afford the clutch replacement at the time the cost estimate was quoted and arranged with Defendant that the Eclipse could sit on the lot, at no charge, at HIGH PERFORMANCE IMPORTS until such time as Plaintiff. MINDY DEATRICK, authorized the clutch replacement. 6. Sometime in early August 2002, Defendant, JOHN NGUYEN, a/k/a JOHN HEIDLER, advised, MINDY DEATRICK, that if the. Eclipse clutch work authorization were not imminent, the Eclipse needed to be removed from the HIGH PERFORMANCE IMPORTS premises. 7. Accordingly, Plaintiff. M1NDY DEATRICK, made arrangements to have the Eclipse towed to her residence, on or about August 15, 2002, at RD 1, Box 59, Ickesburg, Pennsylvania, at a cost of $100.00. 8. After putting the Eclipse up on blocks, Plaintiff, MINDY DEATRICK, discovered that the turbo kit, hoses, and sensor, which had been previously installed by HIGH PERFORMANCE IMPORTS on the Eclipse, at Plaintiff's expense, had been removed and the Eclipse was not an operable vehicle even if the clutch were replaced. 9. Plaintiff, MINDY DEATRICK, subsequently confronted Defendant, JOHN NGUYEN, a/k/a JOHN HEIDLER, and HIGH PERFORMANCE IMPORTS about the missing turbo and accessories and he admitted that he had wrongfully removed it from the Eclipse without Plaintiff's knowledge, authorization, or permission, saying that there was an outstanding balance owed at his repair shop by Plaintiff's son. 10. Plaintiff, MINDY DEATRICK, provided copies of the invoice and checks and receipts to Defendants, JOHN NGUYEN, a/k/a JOHN HEIDLER, and HIGH PERFORMANCE IMPORTS verifying that she had indeed paid in full the invoiced turbo kit and labor installation months prior to this clutch problem and demanding that he pay for those items wrongfully removed from the Eclipse. 11. Defendant, JOHN NGUYEN, a/k/a JOHN HEIDLER, trading and doing business as HIGH PERFORMANCE IMPORTS, has failed and refused to compensate Plaintiff, MINDY DEATRICK, for the turbo kit, sensor, hoses, or labor in connection with returning the car to the condition it was in when delivered to Defendant for replacement and repair of the clutch. 12. The Plaintiff, MINDY DEATRICK, has lost wages and has incurred expenses as a result of Defendant's outrageous conduct in fraudulently removing and keeping the turbo and related items from the Eclipse. 13. As a result of Defendant's actions Plaintiff has suffered and will suffer the following losses and expenses as well as loss of use of the F',clipse: a. towing, to have the turbo replaced $300.00 as well as to tow it a second time for replacement of the clutch b. cost of the turbo kit, filter, and adapter intake, labor to install upgrade $3,688.69 c. Mitsubishi sensor, and labor to install $643.88 d. hoses and other parts which are estimated to also be damaged from Defendant's removal of turbo $500.00 e. Lost wages of Plaintiff f. Attorney fees g. Costs to file District Justice Complaint h. Cost to file for Appointment of Arbitrators; $1,050.00 $1,000.00 $121.50 $15.00 WHEREFORE, Plaintiff demands judgment against Defendant John Nguyen, a/k/a John Heidler, and High Performance Imports,in the approximate amount of Seven Thousand Three Hundred Nineteen Dollars Seven cents ($Z.319.07) together with interest, additional attorney fees and any other remedy deemed just and appropriate by this Court. COUNT TWO FRAUD 14. Paragraphs 1 through 13 of the Complaint are incorporated herein by reference as if fully set forth. 15. Defendants' actions in removing the turbo kit, sensor, hoses, and any other accessory parts were unauthorized, unnecessary, and unrelated to the repair work discussed and proposed to be done by Defendants to replace the clutch. 16. Defendants never mentioned any work or removal of the turbo kit, sensor, and accessory parts to Plaintiff when giving her an estimate for the clutch work or when requesting authorization to proceed with the work or removal of the Eclipse from the premises. 17. Defendants actions in taking the turbo kit, sensor, and accessory parts constitutes outrageous and willful conduct which perpetrated a fraud on Plaintiff by returning to her the Eclipse in a condition far less roadworthy and in need of greater repair and replacement than when the car was delivered to Defendants for repair or replacement of the clutch. 18. This fraud on Plaintiff has resulted in her loss of parts of the Eclipse as well as her time and effort to discover the fraud and attempt a remedy and has resulted in a direct loss to Plaintiff of all the amounts set forth in Paragraph 13 above, in a total amount of $7,319.07. 19. Such conduct is so outrageous and without justification that the Plaintiff is entitled to punitive damages from the Defendants in an amount of three times the compensatory damages as set forth above, as well as attorney fees. COUNT THREE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 20. Paragraphs 1 through 19 of the Complaint are incorporated herein by reference as if fully set forth herein. 21. Plaintiff's use of the Eclipse is primarily for personal, family or household purposes to provide transportation to and from work and for other personal transportation. 22. As a result of Defendant's failure to invoice Plaintiff for any authorized repairs or maintenance work performed on the Eclipse and outstanding or unpaid, and Defendants' unwarranted removal of the turbo kit, sensor, and accessory parts, Plaintiff has been without the use of this vehicle for approximately eight months. 23. Defendants failed to properly invoice any claim for unpaid repairs or provide Plaintiff with any repair order, written instructions for repair, invoice for maintenance or repair authorized by telephone or any method other than in writing, or any business record showing any repair order justifying removal, of the turbo kit, sensor, and accessory parts. 24. Defendants acts described herein are unfair or deceptive acts or practices pursuant to the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201-1, et seq. 25. As a direct result of Defendants unfair or deceptive acts or practices, Plaintiff has suffered damages or losses of approximately Seven Thousand Three Hundred Nineteen and Seven hundredths ($7,319.07) Dollars as well as loss of use of the vehicle valued at approximately $3,600.00. WHEREFORE, Plaintiff demands judgment against Defendants, JOHN NGUYEN, a/k/a JOHN HEIDLER, and HIGH PERFORMANCE IMPORTS, as follows: a. Judgment in the amount of Seven Thousand Three Hundred Nineteen and Seven Hundredths ($7,319.07) Dollars b. Judgment in the amount of Twenty-One Thousand Nine Hundred Fifty-seven and Twenty-one Hundredths ($21,957.21) Dollars. c. An award of costs, interest, and attorney fees to date. d. Any other remedy this Court deems just and proper. Respectfully submitted, Sally J. Wb~der, Esquire Attorney for Plaintiff 9974 Molly Pitcher Highway Shippensburg, PA 17257 VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. MINI)Y ]D/F/A ~ C K CREATIVE CAR-TUNES ~,NW.CREATIVECAR-TU N ES .CO M 105 ~. ~PORTING HILL ROAD MECHANICSBURG PA 17050 (717) 975-2800 Fax: (717) 975-2892 INV~qN.CREATIVECAR-TU N ES.COM Deatrick, Mindy VIP'8: Rd1 Box 59 Ickesburg PA 17037 PHONE:(717) 438-3578 WORK: THANK YOU ESTIMATE 100 A 17453 ESTIMATE 10/01/2002 5:00 PM 1 ; STK: PO: RO: Make: Mitsu Model: Eclipse Gst i Sales1: STEVE Day: Bay/t: Year: 98 Color: I Sales2: Date: ~ Start Time: Stop Time: Odometer: Registration: = Special: ....... i Dept/Class: ECLIPSE GST/GSX ToAF4500 · TENZO ECLIPSE FILTER 4.5" FOR ADAPTE T-IS3095TC TENZO · ECLIPSE ADAPTER INTAKE INSTALL INSTALL labOr install upgrade 11530010 .. $2,400.00 ,400.00 T-AF4500 $39.95 $39.95 T-IS3095TC ~39.95 $39.95 INSTALL $1,000.00 $1,000.00 SUBLET: iAII materials have manufacturer Warranty and installation is guaranteed for the l life of the vehicle. All Sales are final. A full refund is allowed within 7 days of purchase; if item is in original condition with all packing,accessories and RECEIT. 20% restocking fee. Damaged items are non-refundable. Store credit allowed within 8 - 30 days of purchase, if in original condition. Special Order items are not returnable or refundable All work has been performed to satisfaction. Customer Signature: X Thank You for considering Creative Car-Tune for all your autosound, security, & accessory needs. We look forward to your next visit. This estimate good for 14 days ...... THANK YOU! Materials: Labor: Sublet: Other: Misc: . Sales Tax: Invoice Total: $3,479.90 $208.79 $3,688.69 Paid Cash: Paid Charge: Card Info: Auth. Code: Paid Check: Chk# Paid House: NR Open: Due: Deposit: Type: PORT 6028 AAI-I INVOICE QUOTE Invoice: Q4660 Customer: 600 Name: X Address: A VALUED CUSTOHER City,St Zip: HARRISBURG, PA 17111 Home Phone: Add'l Info: N 17 400 (I) 020CT02 2:23 Sale Type: CASH Parts: 454.88 Freight: 0.00 Tax: 0.00 Total Invoice: 454.88 Shi V~a PO B/L HD183609 0 454.88 454.88 1 454.88 i;UU:IT NO. Fl=Help F3=Save F4=Cance! IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA MINDY DEATRICK, Plaintiff : CIVIL ACTION - LAW JOHN NGUYEN, a/ida JOHN HEIDLER : t/d/b/a HIGH PERFORMANCE : IMPORTS, INC., NO.: 02-6189 CIVIL TERM Defendant ANSWER TO COMPLAINT AND NOW COMES, the Defendant, John Nguyen, a/Ida John Heidler, and High Performance Imports, Inc. by and through his attorney, Joseph A. Curcillo, III, Esquire, of Beinhaur and Curcillo, and respectfully represents as follows in Answer to Plaintiff's Complaint: 1. Admitted. 2. Admitted in part: denied in part. It is admitted that John Nguyen is a nickname used by John Heidler, and that John Heidler is an adult individual. It is specifically denied that he is doing business as High Performance Imports. The Appeal in this matter was filed by John Nguyen, John Heidler and High Performance Imports, Inc.; the Defendants will continue to answer regarding High Performance Imports, Inc., since that is the corporation named in the appeal and on the original caption. (It is assumed that the name used by the plaintiff is a typographical error.) High Performance Imports, Inc. is a Pennsylvania corporation incorporated on December 21, 2000. It is further averred that John o o 10. ll. Heidler was at all times relevant hereto acting as an employee, agent and or officer of High Performance Imports, Inc. As to the balance of the paragraph it is neither admitted nor denied. Admitted. Admitted. Admitted in part; denied in part. It is denied that Defendant said the car could sit at no cost until such time as Plaintiff authorized the clutch replacement. Denied. Neither admitted nor denied as the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. Admitted in part. It is admitted that the Plaintiff confronted Defendant Heidler, and that there was an outstanding balance; the balance of the paragraph is denied as the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. As to the portions of the paragraph implying or alleging any wrongdoing, it is specifically denied. Denied. Denied. It is specifically denied that Defendant John Heidler was trading and doing business as High Performance Imports. It is further averred that John Heidler was at all times relevant hereto acting as an employee, agent and or officer 12. 13. of High Performance Imports, Inc. As to the portions of the paragraph implying or alleging any wrongdoing, it is specifically denied. Neither admitted nor denied as the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Neither admitted nor denied as the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. WHEREFORE, the defendants, collectively and respectfully requests that this Court enter judgement in their favor and against Plaintiffs and award them costs and attorneys' fees and any other relief this court deems just and proper. COUNT TW_ O FRAUD 14. 15. 16. 17. 18. Paragraphs 1 through 35 of the Complaint are incorporated herein by reference as if set forth in their entirety. Denied in part. It is denied that removal of parts was unauthorized and/or unnecessary. As to the balance of the paragraph it is neither admitted nor denied. Admitted. Denied. As to the portions of the paragraph implying or alleging any wrongdoing, it is specifically denied. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. 19. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. It is specifically denied that the Plaintiff is entitled to punitive or compensatory damages. WHEREFORE, the defendants, collectively and respectfully requests that this Court enter judgement in their favor and against Plaintiffs and award them costs and attomeys' fees and any other relief this court deems just and proper. COUNT THREE UNFAIR TRADE pRACTICES AND CONSUMER PROTECTION LAW 20. 21. 22. 23. Paragraphs 1 through 19 of the Complaint are incorporated herein by reference as if fully set forth in their entirety. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. Denied. As to the portions of the paragraph implying or alleging any wrongdoing is it specifically denied. Denied. It is specifically denied that the Plaintiff did not know that there was a balance owed to High Performance Imports, Inc. It is further averred that the Defendant was made aware of a bill and High Performance Imports, Inc. was expecting weekly payments. 24. Denied. As to the portions of the paragraph implying or alleging any wrongdoing is it specifically denied. 25. Denied. As to the portions of the paragraph implying or alleging any wrongdoing is it specifically denied. WHEREFORE, the defendants, collectively and respectfully requests that this Court enter judgement in their favor and against Plaintiffs and award them costs and attorneys' fees and any other relief this court deems just and proper. NEW MATTER AFFIRMATIVE DEFENSE 26. Answering Defendants hereby incorporate by reference herein Paragraph 1 through 25 above as if fully set forth herein. 27. Without vouching for its accuracy, and denying all allegations of liability against answering Defendants contained herein, answering Defendant, High Performance Imports, Inc., hereby incorporate by reference the allegations contained in the complaint against as if fully set forth herein. 28. As and for a separate and distinct affirmative defense, this answering Defendant alleges that the injuries and damages, if any, sustained by Plaintiff, are the direct result of justifiable actions taken by the defendant corporation. 29. As and for a separate and distinct affirmative defense, this answering Defendant alleges that the injuries and damages, if any, sustained by Plaintiff, are the direct result of a debt owed by the plaintiff to the defendant corporation. WHEREFORE, the defendants, collectively and respectfully requests that this Court enter judgement in their favor and against Plaintiffs and award them costs and attorneys' fees and any other relief this court deems just and proper. COUNTERCLAIM 30. Deatrick entered into an agreement with High Performance Imports, Inc. through its agent, John Heidler, whereby work would be performed on the Plaintiff's 1998 Mitsubishi Eclipse through her son and agent, Waylon Deatrick. 31. As a result of said agreement, work was performed on said vehicle between April and May of 2002. 32. The balance due for said work is $748.47. 33. The Plaintiff's vehicle sat in the parking lot of High Performance Imports, Inc. for a period of several months. 34. The storage fee incurred during this time is $750.00 35. As a result of the Plaintiff's actions, the Defendant has suffered and will suffer the following losses: 1. Repair Services Rendered $ 748.47 2. Storage Fees Rendered $ 750.00 3. Attorney's Fees $2,500.00 WHEREFORE your Defendant demands that judgement be entered against the Plaintiff in the amount of $3,998.47. Respectfully submitted, BEINHAUR & CUR.~..C_~_~ C~/ Suprc4nCefi6urt No. 44060 3964 Ljg4xington Street Harris[Surg, PA 171.09' ' (717) 6-5x~oo AFFIDAVIT OF SERVICE I, Joseph A. Curcillo, III, hereby certify that a tree and correct copy of the forgoing motion was served upon the Following Parties by the method stated as follows: Date: BY U.S. MAIL FIRST CLASS Sally J. Winder, Esquire Attorney for Plaintiff 9974 Molly Pitcher Highway 3964 Lexington Street Harrisburg, PA 171 ~ (717) 651-9100 MINDY DEATRICK, Plaintiff VS JOHN NGUYEN, a/k/a JOHN HEIDLER,: t/d/b/a HIGH PERFORMANCE : IMPORTS : Defendant : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NUMBER: 0~- (o1~>~ CIVIL TERM CIVIL ACTION- LAW REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM The Plaintiff, Mindy Deatrick, makes the following Reply to New Matter and Answer to Counterclaim of Defendants filed in this matter: 26. through 29. Denied. The Plaintiff believes and therefore avers that the statements of paragraphs 26 through 29 are primarily conclusions of law and are therefore not required to be specifically admitted or denied. To the extent that these statements may be determined to be allegations of fact they are denied and the Plaintiff demands that the Defendants present proof of the allegations at trial of these matters. With respect to the allegation that the damages of the Plaintiff are a direct result of a debt owed by plaintiff to the corporation it is specifically denied that plaintiff owed any debt to the corporation. On the contrary, the defendants had no reason to take the turbo and other parts from Plaintiff's vehicle. 30. Denied. On the contrary, Plaintiff contracted with John Heidler, who represented himself to Plaintiff to be John Nguyen, to install the turbo and some other parts in April, 2002. This work was done and paid for by Plaintiff as evidenced by Exhibit "A" attached hereto and incorporated herein by reference. 31. Denied as stated. The only work performed on Plaintiff's vehicle at Plaintiff's request or agreement was the installation of the turbo as set forth in Paragraph 30 above. 32. Denied. On the contrary, the vehicle sat on the Defendant's lot for approximately one month. 33. Denied. The Plaintiff's vehicle sat on the lot of High Performance Imports, Inc. however, there was never any discussion or agreement as to storage fees being charged or expected to be paid. On the contrary. John Nguyen, a/k/a John Heidler told police and others that there was no storage fee charged or claimed. 34. Denied. On the contrary, Plaintiff does not owe $748.47 or any amount to Defendants for repair services; no storage fee was ever discussed, charged, or expected to be paid by Defendants until after Plaintiff filed this complaint in response to the appeal by Defendants of the District Justice judgment against them; there is no basis for award of attorney fees as claimed by Defendants and the amount claimed is not reasonable. WHEREFORE, the Plaintiff requests this Honorable Court enter judgment in favor of Plaintiffs and against Defendants on the Counterclaim and finding in favor of Plaintiffs and against the Defendants in the amount of $21,957.21, plus costs, interest~ and attorney fees to date. Respectfully submitted, Sally J.0Vinder."'Esquire Attorney for Plaintiff 9974 Molly Pitcher Highway Shippensburg, PA 17257 VERIFICATION I verify that the statements made in this Reply to New Matter and Answer to Counterclaim are true and correct to the best of my persona/know/edge and belief. I understand that fa/se statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn fa/sification to authorities. Date: Hil~a-Performance Imports, Inc. 3200 Old Gettysburg Road Camp I-Iill~ PA 17011 Sales Receipt Date Sale No. 4/16/2002 273 So~ To Mindy Dearick RDI BOX 59 Icksburg, PA. 17037 Check No. Payment Method Project Description Qty Rate Amount Greddy Front Mount lC Kit Eclipse Type-24 849.95 849.95T Greddy Turbo Kit 95-99 Eclipse 18G Turbo 1,960.00 1,960.00T NGK Wire Set Eclipse 95-99 Turbo 69.95 69.95T Denso Spark Plugs ND-IK16 4 12.95 , 51.80T IlKS Internal Wastegste 96.95 96.95T Greddy Radiator Cap S Type (Nissan/Mazda/Subaru/Mitsubishi) 22.95 22.95T Labor 1 hour 5 35.00 175.00T I ~ Subtotal $3,226.60 sa es Tax ¢.O%) Total $3,420.20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: .~)¢k I~t .~. ~,'t~ , counsel for the plaintiff/defendant in thb a. bove action (or actions), rcspectfu~lly represents that: 1. The above.-eaptioned action (or actions) is (are) at issue. 2. The claim of thc' plaintiff in the action is $ ~,~ ~, q,.~'~. ~ I . ' The counterclaim of the defendant in the action is ~.~ ~t, t4 '9 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court t° appoint three (3) arbitrators tO whom the case shall be submitted. ORDER OF COURT Respectfully submitted, AND N°W, '~~/q ,--l-9,~d)3in considcrat~n of the - Esq., and .~~~~4.~_/~ 4~ , Esq., are appointed arbitrators in ~c above captioned action (or actions) as prayed for: - By the ;INDY DEATRICK IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-6189 CIVIL TERM JOHN NGUYEN a/k/a JOHN HEIDLER t/d/b/a HIGH PERFORMANCE IMPORTS, INC. IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, April 21, 2003, the appointment of Bradley Griffie, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and Fred H. Hait, Esquire, shall be appointed in his stead; Patricia Brown, Esquire, and Stephen Fugett, Esquire, shall remain as arbitrators. By the Court, Fred H. Hait, Esquire Chairman Bradley Griffie, Esquire Patricia Brown, Esquire Stephen Fugett, Esquire Bradley L. Griffie, Esquire Marylou Matas, Esquire Wendy J. F. Grella, Esquire Robin J. Goshorn Legal Assistant Reply to: Carlisle & Attoraeys and Cottnselors ~t Law 200 North Hanover Street Carlisle, PA 17013 (717) 243-5s51 38 North Main Street Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 Fax (717) 243-5063 April 17, 2003 The Honorable George E. Holler, President Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Deatrick vs. Nguyen No. 02-6189 Civil Term Dear Judge Hoffer: I just received the Order appointing me as chair for the Arbitration panel in the above-captioned matter. Mindy Deatrick, the plaintiff, has been a client of mine in the past and has been a witness for me in various cases. In fact, she is a prospective witness in a case in Perry County that will be heard later this month. Based upon those circumstances, I do not feel comfortable hearing this matter and believe it is a conflict of interest. I would appreciate if new counsel could be appointed as chair on this case. Your attention and courtesy is appreciated. Very truly yours, BLG/msg Enclosure Cc: Sally J. Winder, Esquire Joseph A. Curcillo, III, Esquire -~"indv Deatrick. Plaintiff VS. John ~k3uven, a.k.a. John Heidler, t/d/b/a High Performance Imports, Inc. OATH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N02-6189 Civil Term, TERM We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the Umled S;ta/es and the Constitution of this Commonwealth and that we will discharge the duties of o%y-offic,~h fidelity. o 0 Patricia Brown AWARD ~Ve, the und~signed arbih~tors, having been duly appointed and sworn (or afiirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) In favor of the Plaintiff and against the Defendant in the sc~m/nt of $1,500.00 to be paid in 30 days and to be nondischargeable in bar~uptcy. Defendant is directed to return to Plaintiff the turbo kit and parts that were ~moved frc~ Pla±ntiff's vehicle. Date of Hearing: ~/~P,_z//~'o> (insert nam~,p e. Date of Award: ~/~ ~/~_3 ~i~~,~ NOTICE OF ENTRY OF AWARD Now, the ~'~a day of ~,z~ , 20t93, at q :2~_, P~ .M., the above award was entered upon the docket anit notice thereof given by mail to the parties or their attorneys. Artibitrators'compensation to be /~! Paid upon appeal: Prothonotary $ 290.00 By: