Loading...
HomeMy WebLinkAbout97-04949 ~ , , " 4 ~ ., ) " . , , \ ~ " ,I,) "r U " , , ~ , ~ , , ; ,,' " ~ ~ ~ , , , " , .' ." 1 ~ " , , . , ,I " ,jl ~ " ~ ,,' ~ ~ ~ , ~ , ,] . ,I; t,,' " i, , , , , \ " , " , " ," , i' ',' " " , , " " , . , , . " " ~ , ' i' '," ~ ~ ~ ~ , , . , " , , , " . ~ ~ , I;' , ~ NICK BUETER, Plaintiff IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-4949 CIVIL TERM v. ENOLA TIRE AND AUTO, Defendant JURY TRIAL DEMANDED NOTICt; OF HE;ARING BY BOARD OF ARBJTRATQ8S YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court in the above-captioned case will sit for the purpose of their appointment on Tuesday, February 24, 1998, at 2 P.M. in the Fourth Floor Conference Room of the Cumberland County Courthouse, Carlisle, Pennsylvania. Board of Arbitrators Dated: Januarv 9. 1998 ,/) Hl Q /16 f C( . 't, lIt Robert R. Black, Esq., Chainnan By: To: Nick Bueter 8<i Ashford Drive Enola, PA 17025 Pro Se Plaintiff Kevin C. McNamara, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant Bradley L. Griffie, Esquire Griffie & Associates 200 N. Hanover Street Carlisle, PA 17013 James J.Kayer, Esquire Kayer & Brown 4 Liberty Avenue Carlisle, PA 17013 Court Administrator's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Bulletin Board Prothonotary's Office Cumberland County Court House One Courthouse Square Carlisle, PA 17013 sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. By way of further answer, Chris White is not authorized to quote prices or make warranties for Enola Tire and Auto. Mr. White was an independent contractor at the time and if the Plaintiff did receive a price quote and a warranty, those promises were not made on behalf of the Defendant. 2) Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. 3) Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. 4) Admitted in part and denied in part. It is admitted that the Plaintiff received a bill for $406.78 and it is admitted that Scott Whary told the Plaintiff that Chris White had no authority to quote prices. It is further admitted that a price break was given. The balance of the allegations are denied. By way of further answer, Plaintiff did pay the bill which was presented and was advised at that time that he had no warranty. 5) Denied. After reasonable investigation, Defendant is without knowledge or informatioll sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. - 2 - 6) Admitted in part and denied in part. It is admitted that the car was brought back to the shop and that the air conditioning was not working. A request was made to bring the vehicle back, hut not for the purposes of fixing it, only for the purpose of examining it to see what the problem was. 7) Admitted with qualification. At the time of the alleged discussion, the Plaintiff was again reminded that he had no warranty with Enola Tire and Auto. As to whether the Plaintiff lost time at work, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of. the allegations and proof thereof is demanded. 8) Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. 9) Admi tted. 10) Admitted in part and denied in part. It is denied that the compressor lost all of its freon. As to whether the Plaintiff missed any time at work. after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof i8 demanded. The balance of the allegations are admitted. 11) Denied. ," - 3 - 12) Admitted in part and denied in part. It is admitted that the seal was installed and the uystem was re-charged and it is admitted that it was discovered at this time that the compressor was shot. It is further admitted that Mr. Whary said that this was the second problem that he had had with this kind of part and that the vehicle should be brought back the following week for further repairs which were to be paid for by Steve Landersman. It is denied that Mr. Whary told the Plaintiff that the compressor went bad when all the freon leaked out. 13) Admitted in part and denied in part. It is admitted that the Plaintiff was advised that his compressor had been removed and that the Defendant was prepared to install another one at an additional cost of $400, plus freon. It is also admitted that the system was not reassembled at this time. The balance of the allegations are denied. By way of further answer, Plaintiff's vehicle was always driveable. 14) Admitted in part and denied in part. It is admitted that the Plaintiff came to Enola Tire and Auto and spoke with Scott Whary. It is admitted that Mr. Whary told the Plaintiff that it would cost additional money to repair the air conditioning, that the repair had already cost Enola Tire and Auto money and that the price had been negotiated by Mr. White without Mr. Whary's knowledge. It is further admitted that the plaintiff asked for a - 4 - , . !oi, !' ' refund, that the request was refused and that the Plaintiff was advised that the failure of his air conditioning compressor was the chance that he assumed when he purchased used parts. It is further admitted that the Plaintiff was advised to secure legal assistance if he wished to pursue the matter further. The balance of the allegations are denied as stated. The Plaintiff was asked three times to leave the Enola Tire and Auto premises and he refused to do so. It is admitted that police had to be summoned in order to get the plaintiff to leave. As for whether the Plaintiff missed time at work as a result of the allegations in this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. 15) Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. By way of further answer, the Plaintiff's vehicle was left in a disassembled condition so that it could be repaired without having to disassemble the entire system again. 16-19) Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof i. demanded. - 5 - 20) Denied. Whether or not settlement negotiations occurred is irrelevant. Plaintiff's description and characterization of any discussions that occurred are denied. As to the amount of money the Plaintiff lost from work, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. 21-23) Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. COUNT I . BREACH OP CONTRACT 6. Defendant hereby incorporates its answers to Paragraphs 1-5 above as if set forth at length. 7-11. Denied. These allegations represent conclusions of law to which no response is required. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed without cost to it. COUNT II . NIlGLIGENCI 12. Defendant hereby incorporates its Paragraphs 1-11 above as if set forth at length. answers to - 6 - " , .. F I , , : " ,(I ,"), ...J "I! ~ I J J " '! rJ,. ;1 ., 'J' I) " ~., ) ,,'Ill .~:~ . " :U lJ, -< 'I " ;',1 I" " ~fi. "'- -c. ~ '" V \ "i <:: '0 "'? i , ,; .,1 " ,', " , " n i ,,;, ~ $;:; ~J " - :1 - :.'i ~l'j I .. \:--r1 ri'l;' "... " j,:" , '.) ;,,., " (..'. . I -, . ; '~: ) L'~ '. ~--" :'il , .':: .- ~. '1 Z-i "( " ~J ) 1,'1 " .. _n.t -'1; '-,~ .-'i ::> I'~~ -, .j;" :.~ ;t. cJ ...n (-.) J c: '.-1 -1;1 ,...., " 'J .'1 " 1/,. , - 11,,11 .. , '.) , ) ',I.) - V "" . ':1 'I ~ ,': ,~ _. " ,I II C:. I :) ~., } ~.'l '(J, ", ~ r " f f), ~ \' ;-:,! f .f f'1 .... , NICK 8lJETER. PlallllllT IN TIll: COUJU OF COMMON Pl.EAS OF ('UMIIEIU,ANU COUNTY. PENNSYl.VANIA V. N 0 lJ7. J'J 'I 'J\,!VU, 1lBM I\NOl.A TIRE AND AUTO, Dcfcndmll APPEAl. FROM DISTRICT JUSTICE 3. 5/19/97 I TOOK THE CAR RACK TO ENOLA TIRE. I WAS 'l'OLe THAT TtI!:Y WOIJ!.D N')T BE AB~E TO GE'l' '1'0 IT '1'1~~ IJlTER THAT PAY. I HAP ('f1RIS raVE MP. A RIDE BN:I< TO MY HOUSE AND THEN WAtnp I'OR A CA~L. Ml~SED 1/2 DAY <JW WORK. LATER I llJ\I) MY rlANCEE PRIVE ~N:K TO ENOloA TIREI ONLY TO BE 'rOLD 'l'tIA'r IT WOIJ~D NOT BE RI\J\!)Y UN'rIL 'l'u..day 5/2~/97. ~ 4 5 . 00 4. 5/20/97 I ('.0'1' A RIDE BACK TO ENOloA TIRE AND WAS 'l'OLe THA,[' EVERYTHING WAS ,'[XED AIID READY TO GO. I THEN RBCEIVED A B[I,L rOR ~40.;. 71l! WHEN I CONl'RONnD SCOTT WHARY. TflE MANAGER, HE INE'clRMED ME THAT CflRIS WHl'l'E DID NOT HAVIil THE AU'I'HORITY TO Quon PRICES. TIIAT Ale WORK COST A LOT or' MONEY AIID . THAT THE COMi'RESSOR ITSEror COS'1' MORE THJ\N ~150.00. WHEN I TOLD HIM I WI\S QUOTED $150.00 HE SAID THAT WAS "~'''S''''''I BUT HE WOUI,D CUT ME A "BRhlAKIt ON THE PMT". SEE AT'fACtIED INVOICE,. 112709. ~327.2e .5. 6/10-11 CAL~EO CHRIS WHITE AT ENOLA TJRE TO TEL~ HIM THE AlC WAS AC'I'ING FUNNY. I WAS Tor,D THAT IT WAS PROBJ\BL Y THE BELT. HE 'I'HEN '['OLD ME TO BRING THE CAR IN NEXT WlEEK SO THEY COUW LOOK AT IT. 6. 6/17/97 AIC STOPPED .WORKING. I TOOK 1'HE eAR TO ENOLA TIRE AND WAS TOLD THAT Ale WAS NOT WORKING. I WAS THEN ASKEn Ir I COU~O BRING IT BN:K ON Thursday, SO THEY COULD FIX IT. 7. 6/19'/97 I TOOK MY eAR BACK TO ENOLA TIRE. DROVE ON THE 1,0'1' AN!! WAS GREAT ED BY SCOTT WtlAAY. SCOTT LaOKED AT MY Ale MD SAID THAT 1'1' WJ\.S "SHORT CYCI,ING" AIID 'PROBABLY HAD A I,EAKI BUT '['HAT'S WHAT I GET FOR PU~'TIN(; A USED PART IN A CAR r I SAID THAT ENOLA TIRE ~u'r THE PAllT IN MY CAll No'r ME. HE THEN SAID THAT ALL MY DEALINGS WlERE WITH CHRIS WIllTE, WH') WAS NO'1' AN EM~LOYEE or ENOlJ\ TIR: AND THAT I WAS ..S..... OU'1' OF LUCK. Las'l' 1/2 DAY <W WORK. $4 5.00 e. 6/19/97 LATER THAT DAY I WA.9 CALLED BY STEVE LANDERSMAN IA MUTUAL FRIENDI WHO INfORMED ME NOT TO FURSUE A LAWSUIT, THAT SCOTT WAS JUST UPSET AND TO DRO~ THE CAR OFF ON FridaYI SO THEY COULD TAKE CARE OF TtIE PROBLEM. 9. 6/20/97 DROP~ED MY CAR OFF IN TH~ A.M. I RECEIVED A CALL LATER AND WAS TO~D 'rHAT THERE WAS A LEAK IN '('tiE SYSTEM. 'I'HEY WERE 0RDERING A S~ECIA~ DYE TO TR!\CE IT. THE DYE WOULD N0,[' BIJ: IN TILL NEX'[' WEEK. 10.6/23-2,6 NO DYE 'ro BE FOUND. WAS T0LD THAT THE COMPRESSOR IIAD LOST ALl. rPIIlON. CHRIS CHARGED THE Ale SYSTEM WtTH NITROGEN AND DE'l'ERMINED THAT THE LIAK WAS COMING FROM THE COM~RE5S0R ITSEI,F! I WAS '1'IIEN '1'01,0 THAT ~HEV lroULD HAVIil TO ORnER A SEAL TO FIX THE COMPRESSOR. TilE SEA~ WOUI.rJ BE III NIXT WUKI MISSEn ANOTHER In DAY or WORK. ~ 4,.00 NICK BUETER, Pluillllfi' IN rilE COUlli' ()fo COMMON PLEAS Or ClJMIH'.IU,AND COUNTY. PFNNSYLVANIA v NO "7. ,\".( 'I ('IVII. nJIM . ENOLA TIRE AND AUTO, o.:rclldulIl AI'Pb\1. I'ROM OISTRICT JUSTICE II. 712 D~OPPED CAP. OFF AT !NOLA TIRE. WAS TOLD IT WOUW P.EADY LA'l'ER, 12.7/3 TOLD CAR WOULD Be RIEADY LATER THAT DAY. THIE'! IN5TALLED THE Ale :iEAL AND RECllAAGr.D TIlE SYSTr.M., ONLY 'l'HEN 'ro ANtl()UNCf. TIIA'1" 'l'HI: COMPRESSOR WAS NOW SHO~'! SCOTT SAID THA'l' IT PPOBIIBLY WENT BAD WHEN AI,I. nil: f'REON LEAI<ED OUT. HE THEN SAID THAT THIS WAS TilE sECOND PRO~LF,M H~ IIAD WITII TillS KIND OF PART. I WAS TIIEN TOLD TO BRING I'l' IN Nt:~'l" WEEK AND THEY WOULD TIW TO FIX THE PP.OBI.EM. 13.7/10-Ll DROPPED MY CAR OFF AT ENOLA TIRIE. WAS TOLD THEY HAD MY OLD COMPRESSOR orr AND WE~E PREPA~ED TO INSTAI,L ANOTHER ONE AT AN ADDITIONAL COST or HOO.OO PLUS FREON! I TOLD THEM TO NOT DO ANY ADDITIONAL WO~K UNLIESS. I WAS GETT ING A PEFUND FOP THE MONEY I HAD ALREADY PAlO, I THEN INrO~MED ENOLA TIRIE TO RETUP.N MY CAR TO DRIVING CONDITON AND THAr I WOULD BE IN TO 'l'ALK TO 111M ON Monday. 71L4/97, PICKED UP MY CM THA'l' NIGHT ONLY TO rIND THAT IlALr OF THF. COMPRESSOR WAS IN THE TRUNK 01' M'i CAP. AND 'rHE BELTS AND HOSE5 WERE NOT ATTACH,:ll, 14.7/14/97 WENT IN TO ENOIA T IRF. TO 5PF,AK WITH SCOTT WHARY. HE TOLD ME THA:r HE COULD FIX THE CAR BUT IT WOULD COST M;~ THE F,:~TPA MONE'I. HI!; ALSO TOLD ME THAT lif. HAD ALr.EAD'i LOST MONEY nN THE rEPAIR. AND THAT Hl~ WAS THE ONE WIIO IlAD REALLY LOST 'lU'l'. HE SAID liE HAD RF.ALLY BEEN "SCREWED" BECAUSE I HAD NEGOGIATEO TilE PRICE BEHIND HIS BACK. HE THEN INFORMED ME TIIAT TIIERE WAS NOTIIING liE COULD 00 BECAUSE HIS liE DIDN'T MAKIE AN'I MONEY ON THIE OPIGINAL PART! I ASKED NR A REFUND OF WHAT I SPEN'rl AND HE REPLIED "NO F...... WA'I!" WHEN I TOLD 111M THA'l' MY CAR WAS IN WORSE SHAP~ 'l'HEN WIlEN I BROUGHT IT IN, liE SAlOl THAT'S THE CHANCE YOU TAKE WHEN 'IOU GO MOUND MY BACK FOR PRICING AND YOt; BUY USED PAJl,TS! tiE THEN TOLD ME 'WE ONLY WAY THAT I COULD GET HELP WAS TO HIRE THE BEs'r "F........ LAW'lERS" I Cl.JULD AFFORD. HE THEN THP,E1\TNED TO THP-OW ME oUT THE "P-HUH WINDOW" rf' I DIDN'T L!.AVE HIS PROPE~T'I. I ASKED FOR MY KEYS BACK AND THW HI~ CALLED 'l'HE POLICE. MISSED AN ENTIRE DAY OF WORK. $90.00 15.7/14/97 I TOOK MY AUDI TO BE INSPECTED BY EUROPEAN IMPORTS. I WA9 CALLED LATER TO BE TOLD THAT THE C.OMPPf,SS0R HAD BEEN LEFT DISCCONtCTED. THE ACCUMLATER WAS HANGING OPf,ll, NO FILTERS HAD BEEN REMOVED OR CHANGED, O-RINGS WIi~!l MISSING AND THAT NO rPEON WAS IN THE S'ITEM. 11' WOU~D TAKE ANOTIIER DAY! TO !'IX 'I"HE PROBLF.M. 16.7/15/97 FINALLY WENT 'l'c PI~K UP M'I CAl'. WAS TOI,D THAT BECAUSE 'rillE SYSTEM WAS LUT OPEN THEN ACCUMLA~'OR WAS SHOT AND HAD BE P.IEPI,Ar.f,D. ALL NEW RINGS W~RE ADDED, TilE or IF ICE 'rUB!: (8'1 LTER I HAD TO BE PEPLAo:ED ij TIMES B!C;\USE THE SYS'l'EM WAS SO '~ONTAMINATED. I WAS ^LSO TOLD THAT I WOULD PROBABLY HAW TO RE'rURN WITHIN TWO WEEI(S TO INSU'E THAT TIIERE WAS NOTHING USII WIl0NG WI'l'H 'rH!! SYSTEM. IT WAB THEN DISCOVERED THA'r TilE MAIN HOSE IIAD ALSO BEEN BLOWN B'I THE BLOCKED S'/STIEM AND Wour"D NEED TO BE REPLACED. NICK BUEHR. PI";III1I1" : IN TIlE COURT OF COMMON Pl.EAS OF CUMBERl.AND COUNTY, I'l:NNSYl.V ANIA V. ENOL A TIRE AND AUTO. D~f~l1dwll NOn '..~ ~I * ~(l','U. TERM APPEAL FROM LJISTRICT JUSTICE 17. TOTAl, or EXTPA PMTS JUST TO GET 'nlE SYSTEM R~:AO'{I 1''-''' A COMPP.F.:JSoJR WAs: $207.05 13. THE TOTAl, EX1'RA LABOR ,lOST TO Gl:'l' 'l'HE CM READY I'OR A ,;.lMPP.ESsO)I~ ~'A:l: $147.00 19. THE TOTAL BILL FllR RES'toRING MY CAR TO DRIVING CONDITION AND REPMING THE AIC WA5: $856.0. 20.017/97 ON THIS DATE I W,l\,S OFFERED A SETTLMENT or $200,00. I AF,Llf:VE TllA'r THIS DID NQT EVEN REMO'rLEY COVER 'l'H1: EXSPENs~ THAT I IlAVE AC(:PUW 'rHROUGH THIs ORDEAL . TOTAL TIME LOSS ED FROM WORK: $225,00 21. TOTAL Of' EXTRA LABOR 1'0 REPAIR DAMAGE DONE AT EN,)LA T I PE: $354.11l 22. TOTAL COST OF BILL AT EN'lLA TIRE: $32'1.28 23. TOrAL COST OF DAMAGES: $906.38 COUNT 1- BREACII OF CONTRACT 6. Paragraphs I through 5 arc incorporated herein l'y reference as if fully sct forth. 7. PlaintilT and cntcred into a binding contract pursuant to which defendant was obligatcd to pcrl()rm thc repairs rl'lercnced above to Plaintitl's automohilc. 8. In exchange, Plaintiff was to pay defendant thc amount of $ 327.28. 9. Defendant has breached the contract by not performing the repairs defendant was ohligated to perform to Plaintiff's automobile. 10. Plaintiff has performcd all obligations he had under the contact. II. Delendant's breach of the contract has damaged Plaintiff as aforesaid. WHEREFORE, Plaintiff respectfully requests that this IlonoraLle Court enter judgcment in his favor and agHinst defcndant in the amount 01'$906.38. plus costs, interest and such othcr rclief as Ihis court. deems just and appropriate, ~ounJ...U - Neglillel!B< NICK IlUETEi{, 1'1:11111111' IN TIll. COlli{ I' OF n )~IMON I'I.EAS OF CIIMIlI'IU,ANI> COLl'n y, I'I'NNSYl. VANIA v NO ')7. 4 'J.I 'I ny!!,lli{jIoI ENOl.A TIRE AND AUTO. DclclluUlI1 AI'I'I'AI. HWM IlISTIU('T JlJSTlCE 12. Parab'Taphs I through II arc incorporatcd herein by relerence as if fully set f(lrth. 13, Defendant had a duty to pcrltmn the repairs to Plaintill's automobile competently and prolcssionally. 14. Dcfcndant failed to competently and protcssional manner. 15, Delendant's failure to competently and prolessionally repair Plaintiffs automobile constitutes negligence. 16, As a direct and proximate result of Delcndant's negligence. Plaintiff has been damaged as aforesaid. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgemcnt in his favor and against defendant in the amount 01'$906.38, plus costs, interest and such other relief as this court decms just and appropriate. Count 11I- Violation of llnfllir Trade .Practices Consumer Protection Law 17, Paragraphs I through 16 arc incorporated herein by relerence as if fully set l(lrth, 18. In connection with the repairs to Plaintiffs automobile, Defendant misrepresented that the parIs being lIsed were good quality parts. 19. In connection with the repairs to Plaintitl's automobile, Defendant misreprcsented that the repairs wcrc covered by a warranty. 20. In connection with the rcpairs to Plaintifl's automobilc, Defendant made repairs, which were of a naturc and quality inferior to or below that standard of that agreed to between Plainti IT and Defendant " i' ~ " , ' , -I' " ,\ , ' , , , , 'I , , " ,II " '. , , " '. 'I . , , , " () ..0 r") S~ -I n '"I;~ ; , ':7' I , ) , ,:"1, ~ ..,1 , '(p' ,-:: I I.,;) 'I" ,:-i; , -; ~') ". ;H_,} , 'J , -/'--j' , .,'J'- ' " ,. .~ I.. ) 'It! -.( - ;j,:'l J> j .;1': o' ,., :.J "',.' (Q ...... ... " " , ' " , I " , ) '" ',' " ,/ " , ,. , , , 'i' , , " " i" ", I, " , " '., " ,', , , " " ," " ", , , ('.), ~I,) (-, ,'H -., 'jl ., '("0) , ....-. , I " I ,. , 'I lj; ;.1-: ';', , " j , , .' ~, : ,fJ ,', f , ,," ,j , !\\ , .., " " " " I',) , " " .. ! .- ,j . I - .'.'1 .,~.. # -.. , ,,_'_.o---~ ..._;..._.___~__.,_.__._.,.._____ PROOF OF SERVICI!: OF NOTICE OF APPEAL AND RULF: TO FILE. COMPLAINT (This prool 01 s~rv/ce MUST IJE rILED WITHIN TEN (10) OA YS AFTER lifing tho not/co 01 appeal: Check appl/coQle bO.60) COMMONWEAL TH OF PIiNNSVlVANIA COUN TV OF ._...___..___.__ ;$1 AFFIDAVI'T: 11\l~tlII.IY 'iWI)dl 1,1" tlffl':tll thilll 'jt!IVI!d II .I t:tlpy of Ihl) NOl'jl;t~ uf Appt~JI, COlllmon "hlll~i No, (,law l,f .'it.'rvit:tlJ___ ..., ..____.__ ,_._._ _.__, 19______, [] tflc;L'lpl .llladwd hf!rt!lI1, alld UPlJll thl! ,lflPt.'1I1!t), (nl1/1,,) , .,__.._, 19, ,-l'~l hy pl!lsolliJl ~I!'Vil.;l~ ._..'_______., IJIJIlIl tlllt' [) iHrtt:t ~lJ$tice' ut?siUrl'iJtL'r,j, thl!t t~tll on by pl/l~lm;jl 5ervicIl [l by h:l!rtllil!d) Ireql5ttHlJdl mail, ~f!lHll!r ''j _ __ ull C'j !ly (':l.'llilil:tl) (/tl!jiHIHP,d) t,"dil, slJ~'derl's rl1cl1ipt attiJChUfl henHtl II llml furth~r that I servtld 1hll Ruh! ,to Filu iJ whorn fhp. Rule was .Iddnt'i'ied on ._,._ mall, sendor's receipt uUtlched, hereto, Cot1lplJint lJ[;corn~iJnYItlH Ihe nhovlf Notice Qf Apptfi.ll, upon thl? appolletllo;} In .----.-.'----, 19 ~-_._, [] hy 11I1t'iOtlJl ~efvjcl~ 1'--:1 b'f (cl!rtified) (.e'lj'jtl~rl;ltl SWORN IAFFIRMEDI AND SUBSCRIBED BEFORE ME THIs.. . ..__ DAY OF____._.___, 19._._ .. ----,---._-----_..~.._---~..._--_....- S/OIIiItUrl!o(OJ"umr _._----,_.__._--~------- -,-~-- S,~/nl"lIr" ,)f O"If:,.,1 hlJfo", wham "lfldll'lIr Will mmit, Tlrlll ()I alllclnl My cl1rnrn;"ion t?llpires on ,19_, ~ n "j I") f:. ~_ ....~ " 'I') "TJI '-II ." ~ ("II 'q ,"i ,'i;:_ '" ~ ,( , \,' I" , t( l ,. " :.-., . ",'.') ..c. oCt. , 11 n ~C)' .. J VI.\. ~~I" "\ '.n " ,1'\ ", ~ '( r ... -<'0 '" "\ KENT M. SCHOO. Plaint iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-4947 CIVIL TERM BRENDA M. SCHOD, a/k/a BRANDA M. SCHOO Defendllnt CUSTODY 9.BQflLQ,E. ..cQ\.IJ.!.I AND NOW, this .__1."2-__ of July, 1998 and upon consideration of the attached Petition For Special Relief, Contempt, and Modification, it is hereby directed that the parties and their respective counsel appear before ~~L~~JL~I~, the l"~ L-\ \~ r \ (cl\t. \~<:.(J'l\ , --, . concil iator, at .L..r:0,'a"UJ::..,-\ (cJ.iuJ.\\o..,\L on the _ill_ day of 'o.}'.j\'I--, 1998, at .d:,U(L{?m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, ~\l~lt").~Y ..J}\IlUlUJA ~,. Custody Concil iator U I (i1:>~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 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 LI BERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 M1fBl.C~~..~JT~..Q!.SAa.u,UIES. ACI OF. 1990 The Court of (',ammon Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act or 1990. For information about accessible facilities and reas~\8ble 8c~ommod8tions available to disabled individuals having business before the court. please contact our 5. The Order of November 6, 1997, should be modified to grant *he mother temporary partial physical custody every other week and primary physical custody pursuant to a final Custody Order for reasons including the following: a. The mother wes the children's primary caretaker for lhe first thirteen and a half years of the children's lives, has maintained a relationship with them throughout their lives and can continue to provide for their needs. b. The mother can best provide for the emotional and physical needs of the children and can provide a suitable and stable environment for them which includes providing a handicapped accessible home for. c. The mother is the parent who can best facilitate the children's access to the other parent. d. The father is not acting in the best interests of the children for reasons including the following: i. Throughout 1998, the mother had extended periods of custody including weekends. The father entered into a verbal agreement with the mother to continue this expanded custody throughout 1999. In addition, the father had asked them to take their minor child, Jennifer, for one year beginning July 1998 because the father and hil girlfriend did not want to take care of her. Th. father has now abruptly refused to allow the 'chi 1dren to have any telephone or physical contact with their mother. ii. Since July 1998 the father has Willfully violated the existing Court Order 9ranting the mother partial physical custody of her children denying her 811 contact with the children. iii. The father's girlfriend, Kim Powell, has phYSically abused the minor child, Jennifer. iv. The father refuses to allow the minor child, Jennifer, to take showers while he is in the house; v. The father and his girlfriend leave the minor children unsupervised for significant periods of time during the day; vi. The father and his girlfriend are alienating the children from their mother by consistently telling them untrue statements including that she hates them, does not want them and does not love them, WHEREFORE, the defendant requests that this court enter a Temporary CustOdy Order granting h~r custody of the children every other week commencing the week of on Saturday, July 11, 1998, at 5:00 p.m. through Saturday, July 18, 1998, at 1:00 p.m. and continuing for alternate weeks thereafter. The defendant further requests that a conciliation conference be scheduled to address the matter of contempt and th. I' Ii r il I I, " KENT M. SCIIOD, (j IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff . 'I II Ii/BRENDA M. SCIIOD, aIkIa ~ BRANDA M. SCHOD, ,I ,I Defendant ,I " 'I II I I! , I I I DIRECTED that; I , " I I I. Primary physical custody and legal custody of the (03) minor children: II JENNIFER M. SCHOO, born August 10, 1984, CHRISTOPHER M. SCHOO, born May 28, I !11986, and ANDREW M. SCHOO, born September OS. 1987" shall be awarded to father, KEN Ii :1 M. SCHOD, I I 2. Mother shall be entitled to certain rights of partial custody and visitation II Mother shall exercise partial custody and visitation of the children on the third weekend of every I I month from Friday evening at 05:00 o'clock P,M until Sunday at 06:00 o'clock P,M. These ! I periods of visitation shall begin the third weekend of November, 1997. For the months of : I November 1997, December 1997, and January 1998, mother shall exercise her partial custody and : : visitation in Shippensburg, PeMsylvania. il I II ,I " VI CIVIL ACTION. LAW NUMBER: 2L- 4947 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, 'hi. fL- ";" ,f -;J IJ.r' , 1997, ",0""""''''",' of ,." within Stipulation and motion of Sally J, Winder, Esquire, it is hereby ORDERED AND J :; 'I II I: ,I I' II I, !I I. school. Mother shall notifY father in writing by May 0 I st of each year of the two weeks which sh Ii I I , I I , ('\ (j Mother shall also be entitled to two (02) weeks during the summer vacation from will elect as summer vacation time with the children. Such weeks shall not conflict with the activities and plans of the children. Mother and father shall share time with the children during the school Christmas holiday vacation. In 1997, the children shall stay in Shippensburg, and mother shall visit with the . i children at their home on Christmas Day. If mother stays in the Shippensburg area, father will I make good faith efforts to have the children available for visits with mother during that time, I' Ii Beginning in 1998, mother and father shall share the school Christmas vacation time with mother I have the children the lirst half of the Christmas vacation time and father to have them the second I half of the Christmas vacation time, In odd numbered years this schedule with alternate so that 'I : I father shall have the children the first half of the Christmas vacation time and mother shall have th Ii :' children the second half of the Christmas vacation time. I I Mother and father shall alternate Thanksgiving, Christmas, New Year's Day, and Easter I '! holidays with the children. The holidays will a1temate such that the parent having the children on II ': Christmlls as set forth above shall also have the children on Easter and the other parent shall have 'I : I the children on New Year's Day and Thanksgiving, Mother shall always be entided to visit with tl II children on Mother's Day and father shall always have custody of the children on Father's Day, Tl II . I; holiday schedule shall take precedence over the regular monthly weekend schedule set fonh above Ii ~ II ! : 3, Mother shall provide all transponation of the children to and from periods ( i I partial custody and visitation ,I " I; I, 'I !, Ii 'I :i II Ii J. 1 .. (/'"....- -:.-. ..