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Home My WebLink About03-0593 r .., ~W"'.AL TH Of PENNSYLVANIA COURT Of COMMON PLEA! NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT v'" COMMON PLEAS No, 03 - 593 NOTICE OF APPEAL Cw;..f Notice is given that the appellant has fi.led in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. ..(iJr"is....'1floted/fYv f/IlJ) ZIJ'- A..7ii.j'37'"tJil)l1rY1 (1.nt1 H)~HWAr DATi 7 7;72-0 03 r. T.' ::5'; ~~ I / ~Of$r. CL.All NO. II I I M(jo;;:""3: or O.J. CITY f?IiTm Zl~ CODI: (Y)I//I'YS ",ilL. /s(,~y CV 20 LT 20 This block will be signed ON L Y when this notation is R,C,P,J,P, No, 1008B, This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. '~I."d~n(1 e- .,om..... A.:;.:,.f~TT.&of:. ~~ .fvs) '/.11 '- ~"',,' ~ ~ f}z!:: e_~, 1- '. ReW No, 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature "f Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used DNL Y 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), PRAECIPE: To Prothonotary f( of3Mr 03 -."193 Enter rule upon L 'iJoWeJ! RULE: To f<.Oflftf . appellee(s), to file a complaint in this appeal , . 'Xame of appellee(s) 6.~ ) "",th,n twenty (20) days my'! r or SUlle?ntry 01 judgment 01 non pros, jL,vx /1 ture of appellant or his attorney or agent V/. , appellee(s) (Common Pleas No. [. Name of appellee(s) (1) You are 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. 121 II you do not Ii Ie 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. Oete: r:::iJ; - 10 ,20~. ~~ KSi~*p,02! or Chpury NJf'C 312-9D 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 110) DA YS AFTER filing the notice of appeal, Check applicable boxes! COMMONWEALTH OF PENNSYLVANIA COUNil" OF ; 55 AFFIDA VIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. (date of service) , 20_, receipt attached hereto, and upon the appellee, (name) , 20_ by personal service and further that I served the Rule to file a whom the Rule was addressed on mail, sender's receipt attached hereto. the District Justice designated therein on rr by (certified) (registered) mail, sender's on by (certified) (registered) mail, sender's receipt attached hereto. , upon by personal service Complaint accompanying the above Notice of Appeal upon the appellee(s) to , 20~, by personal service by (certified) (registered) SWORN IAFFIRMEDI AND SUBSCRIBED BEFORE ME THIS DAY OF ,20~, Signature of official before whom affidavit was made Title of officia! My commission expires -on ,20~, - ~ "' ~ ........ ~~ \t~ ~ 0i " Signature of affiant ~ ~ \. ~~~ tt ,~ C) 0 0 C c..) --,-, < " u G' ;"q 111 L; ::JJ :n z z i . il. ~ ~', (::> " CJ . ,1, r:: , ;r.. 1_r, "i~~; , II _2 -, (..) )'~ C' S.l rr: c:: :::::j Z )> =< (.) ::Ll -< ~~ ~tJ ~ ~ 09-3-05 s , NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: . NAME and ADDRESS 'nOWELL, ROBERT E. I 1568 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 L ~ VS, ....--.COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: OJ Name: Hon. GAYLE A. ELDER Add"" 507. N. YORK ST. MECHANICSBURG, PA 17055 DEFENDANT: rc.A.R.S. C/O 4431 WILLIAM PENN HIGHWAY ~YSVILLE, PA 15668 ~ - NAME and ADDRESS T",phO". (717) 766 -4575 PROTECTION PLUS INCAKA I COMPLETE AUTOMOTIVE REPAIR SERVICE C/O 4431 WILLIAM PENN HIGHWAY MURRAYSVILLE, PA 15668 Docket No,: CV- 0000315 - 02 Date Filed: 10/31/02 ~.l' THIS IS TO NOTIFY YOU THAT: ~uc;Jgm.~Qt:" Dj;:FAULl' ,.rop('~ .rPLTF ~ [i] Judgment was entered for: (Name) noWRT,T" RO"RRR'I' R, Judgment was entered against: (Name) C.A.R.S. PROTECTION PT~S TNC AKA in the amount of $ 2,Q7CL6Q on: (Date of Judgment) 1/14/0'1 o o o Damages willbe assessed on: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 2.904..19 $ ,75.50 $ ,00 $ .00 $ 2,979.69 Defendants are jointly and severally liable. (Date & Time) This case dismissed without prejudice. D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Post Judgment Credits Post Judgment Costs $ $ -----------.... ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OE APPEAL. WITH THE PROTHONOT AflY/CLERK OF THE COURT OF COMMON PLE(<S, CIVIL DIVISION.. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. t//~JD3D"te ,~(!.. U 0f?/7 ,District Justice Icertlfythat this.ls a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 AOPC 315-03 SEAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT E, DOWELL, Plaintiff, v. CARS PROTECTION PLUS, INC, Defendant. ) ) ) ) ) ) ) ) ) No. 03 - 57'J C4d Type of Pleading: Praecipe for Appearance Filed on Behalf of: Defendant, CARS PROTECTION PLUS, INC, Counsel of Record for this Party: David A. Regoli, Esquire PA 1.0. #61970 2300 Freeport Road Feldarelli Square Suite 10 New Kensington, PA 15068 (724) 339-1023 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT E. DOWELL, ) ) Plaintiff, ) ) v. ) No. ) CARS PROTECTION PLUS, INC. ) ) Defendant. ) PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Kindly enter my appearance for the Defendant in the above-captioned matter, Respectfully submitted, Counsel for Defendant, CARS PROTECTION PLUS, INC. C r- ~ '-q .--:: _J C::., C) ., (,) I ~L . postal Service RTIFIED MAIL RECEIPT estic Mail Only; No Insurance Coverage Provided) IT" postage $ CJ C'J ::- .::r- Cert,f,ed Fee \-.- rn cr~ "::"2': 9 ,:?1~ ...D Hetum Receipt Fee CJ (Endc,rsement Required) CJ Restricted Delivery Fee :3 CJ (Endorsement ReqU"ed) >- C~ (.I) CJ '\:Z r=t ,::; b6J U1 Sent To W eLlC).... ru \.J- ;;?:. r=t ('"") :J iJ- c.:> CJ 0 C,J I CJ ['- -.-----------------Jj PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAi (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable 'boxes) COMMONWEALTH OF PENNSYLV~A COUNTY OF Np.~Tm()~ hrJ ;S5 c, ~ - ,"".'":...::: .4( .. ':,....~. - ". ,a. " :' ,,' .'Jit'''';;...' '/ - <~ f~ f r...::."1lfk~~;~"~ ' ~OF -'I ... ':.1~Y?~'" . 0 -.: "-~ " \.' ~""'" 'f, Y t .::r- Notarial Seal IT" , ~E, Albert. Notary Public U1 New Kensington, We:;tmoreland County CJ My Commission Expires Jan. 18, 2'* IT" Member, pennsylvania Association 01 Notaries ;! rn Postage $ My commission expires on Certified Fee ...D CJ CJ CJ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ~ Total Postage & Fees $ '-I ~ ::':.j)LJ:{~d"~I:S~'-<'.~lilde(.... ~ _~~!}'_~~:~~:~_,_5D1_..I'Y__~----1()[--,----,~--~-_.--_..____._n_u_' City, State, ZIP+ (J /'"- ['- ~ I ~ , ;jl, COMMONWEALTH Of PENNSVLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUOICIAL DISYRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 03 - 59.3 NOTICE OF APPEAL G-l~ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. V) ItJ "'" fI}6JJ IIJA r IN TH. CAS. 0'" (Pldm,d1l tJ)OIJJe.I/ 1015(. MAG. DIST. NO. 011 NAMa 0... 0.1. 09- 3- OS- (JI1SUT. z.~ COOK CITY /nl./ / t' s ~dl t.. Ji~ ,Ii € CV 20 LT20 This block will be signed ON L Y when this notation is required under Pa. R.C.P.J,P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case, Signature of Prothonotary or Deputy If ap, 7/a t was Claimant (see Pa, R,C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y 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). PRAECIPE: To Prothonotary Enter rule upon f(O/3efZT {.... 1)() Wc.11 , appellee(s), to file a complaint in this appeal (Common Pleas No. 03 -fi'93 ~ame of appellee(s) . ) WIthin twenty (20) days aft RULE: To f( 0 f1;vz f [.. Vov.J( // , appel/ee(s) service of fin or suffer entry of jUdgment of non pros. r[ I tum of.P/HJilant or his .ttorney or il{J#Jnt Name of appellee(s) (1) You are 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. (3) The date of service of this rule if service Was by mail is the date of mailing. (2) If you do not file a complaint withirt this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ~ . . \"" J ...'7 Dete: ;;,-::fp1J,. 10 ,20 f?3.... ~t?/~ k'~,~,; Sifl'lllture of Pro tJr-Dflputy AOPC 312-90 COURT FILE ROBERT E. DOWELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 03-593 CIVIL TERM CARS PROTECTION PLUS, INC., Defendant PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Robert E. Dowell, in the above captioned case. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Douglas . . er, Esquire Suprem Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: March 18, 2003 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: DAVID A. REGOLI, ESQUIRE 2300 FREEPORT ROAD FELDARELLISQUARE SUITE 10 NEW KENSINGTON, PA 15068 Date: March 18, 2003 IRWIN, McKNIGHT & HUGHES Douglas . Miller, E quire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Robert E. Dowell C) C" r'1 c:: 0) -'n ~< ,-' \1 - e' ~-~i ni (" "-';'" "'- .r.:"-_ , (n ()) _...~ r;: '- -''';."1 ...,- ""'; L_ ).~' (,) :V -(. \0 ROBERT E. DOWELL, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-593 CIVIL ACTION C.A.R.S. PROTECTION PLUS, INC., alk!a COMPLETE AUTOMOTIVE REPAIR SERVICES, Defendant 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, order and notice are served, by entering a written appearance personally or by attorney and by 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 Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, ROBERT E. DOWELL, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-593 CIVIL ACTION CAR.S. PROTECTION PLUS, INC., a1k/a COMPLETE AUTOMOTIVE REPAIR SERVICES, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, this lo~ . day of July, 2003, comes the Plaintiff, ROBERT E. DOWELL, by and through his attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the Defendant, CAR.S, PROTECTION PLUS, INC. alkJa COMPLETE AUTOMOTIVE REPAIR SERVICES, averring as follows: I, Plaintiff is Robert E. Dowell, an adult individual principally residing at 1468 Boiling Springs Road, Boiling Springs, Pennsylvania 17007. 2. Upon information and belief, Defendant is C.A.R.S. Protection Plus, Inc. alkJa Complete Automotive Repair Services (hereinafter "CARS"), a company organized and doing business under the laws of the Commonwealth of Pennsylvania with a business address of 7408 Saltsburg Road, Pittsburgh, Pennsylvania 15235. 1. Plaintiff purchased a 1995 Audi automobile from In-Town Motors at which time he also purchased a limited warranty for the vehicle through Defendant. 2. On or about March 2,2001, Plaintiff purchased a 24 month/30,000 mile upgraded warranty in response to solicitation from the Defendant. A copy of the warranty is attached hereto as Exhibit "A". 3. Prior to the warranty upgrade, Plaintiff was informed that the water pump needed to be replaced and authorized the work to be performed. 4. Plaintiff later sought to have the work covered by Defendant, but was informed by the agent or representative of Defendant that the warranty required CARS to be notified prior to any work being performed on the vehicle. 5. Therefore, warranty coverage was denied for the water pump by Defendant. 6. Subsequently, on or about September 27, 2002, Plaintiff began experiencing problems with the vehicle's transmission. 7. Plaintiff was advised by a mechanic that the vehicle would require a replacement transmission and in accordance with the prior instructions received from CARS regarding the water pump, Plaintiff immediately contacted Defendant to request warranty coverage for the necessary work. 8. The inspector for Defendant came to inspect the transmission. 9. Defendant, through its inspector and other agents or representatives, has orally informed Plaintiff that the transmission is not covered by the warranty. 10. The warranty attached as Exhibit "A" specifically provides that all internally lubricated parts of the transmission are covered components. II, The necessary work on the transmission was in fact specifically covered by the warranty purchased by Plaintiff. 12. Despite repeated verbal and written requests by Plaintiff, Defendant has refused and failed to send written denial of coverage under the warranty including the reasons therefore. 13. Despite repeated verbal and written requests by Plaintiff, Defendant has refused and failed to send a copy ofthe inspector's report, 14. Defendant breached its limited warranty by failing or refusing to repair or replace the damaged transmission in Plaintiff's automobile. 2 15. Defendant has failed to identifY in writing any reason for its refusal to honor the vehicle warranty. 16. Plaintiff subsequently has had to expend his own funds to repair the vehicle transmission, namely the installation of a used transmission. 17. Since the installation of the used transmission, Plaintiff has not experienced problems with shifting in the vehicle and the vehicle has not required additional repairs on the transmission. COUNT I BREACH OF CONTRACT 18. The averments of fact alleged in items one (1) through sixteen (16) are made a part hereof and incorporated herein by reference. 19. The Defendant, by its actions in refusing and failing to pay for the necessary repairs to Plaintiff s vehicle in contradiction to the terms of the Limited Warranty amounts to a breach of contract by Defendant, CARS Protection Plus, Inc. 20. Despite repeated demands, Defendant has refused and failed to honor the warranty and cover the costs of the necessary repairs, and refused and failed to provide Plaintiff with a written explanation as to the reason or reasons for denial of the warranty coverage. 21. As a result of Defendant's breach and refusal to honor the warranty paid by Plaintiff, Plaintiff was forced to hire a mechanic to repair and replace the transmission at the cost of $2,904. 19. 22. In addition, Plaintiff expended the sum of $75.50 in the filing of a successful District Justice Complaint. 3 23. The Plaintiff, Robert E. Dowell, is entitled to certain damages, including but not limited to, receiving the full amount of the cost of repairs and attorneys fees and costs associated with this litigation. WHEREFORE, the Plaintiff, Robert E. Dowell, respectfully requests that this Honorable Court enter judgment against Defendant in an amount less than the arbitration limit of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. COUNT II UNJUST ENRICHMENT 24. The averments offact alleged in items one (1) through twenty-three (23) are made a part hereof and incorporated herein by reference. 25, Plaintiff has conferred benefits on Defendant by the continued payment of premiums for the warranty coverage. 26. Defendant has received and acknowledged receipt of payment by Plaintiff and has in fact offered to continue the warranty upon further payment of premiums. 27. Defendant has not honored the written warranty or provided satisfactory services to justify the value of the benefit which it received from Plaintiff. 28. It is and continues to be inequitable for Defendant to retain the payments by Plaintiff while refusing to honor the warranty purchased by Plaintiff. 4 WHEREFORE, the Plaintiff, Robert E. Dowell, respectfully requests that this Honorable Court enter judgment against Defendant in an amount less than the arbitration limit of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just COUNT III VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 29. The averments offact alleged in items one (l) through twenty-eight (28) are made a part hereof and incorporated herein by reference, 30. In agreeing to purchase the warranty provided by Defendant, Plaintiff relied upon the representations regarding the coverage provided by the warranty for necessary repairs to his vehicle, 31. Among others, Defendants' misrepresentations and refusals to honor the warranty purchased by Plaintiff are in direct violation of SS 201-2(4)(v), 201-2(4)(vii), 201-2(4)(xiv) and 201-2(4)(xxi) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 32. Specifically, S 201-2(4)(xiv) states that an unfair or deceptive act or practice is "Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made". 33. By refusing and failing to cover the cost to install a used transmission III Plaintiffs vehicle, Defendant did not comply with terms of the written warranty. 34. Under S 201-9.2(a) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, n[t]he court may, in its discretion, award up to three times the actual damages 5 sustained [...]." Furthermore, the court "may provide such additional relief as it deems just and proper." ~ 201-9.2(a). 35. Also under ~ 201-9.2(a), "[t]he court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees." WHEREFORE, the Plaintiff, Robert E. Dowell, respectfully requests that this Honorable Court enter judgment against Defendant, and award treble damages and attorneys fees against the Defendant, in an amount less than the arbitration limit of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By: Dated: July 10 . ,2003 Doug as Miller, Es uire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff 6 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~-- D..., Jvl~ 0'1 03 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: DAVID A. REGOL!, ESQUIRE 2300 FREEPORT ROAD FELDARELLISQUARE SUITE 10 NEW KENSINGTON, P A 15068 Date: July ~ ' 2003 IRWIN, McKNIGHT & HUGHES ~ ~ i1AJ;~ Douglas . Miller, squire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff o c ;;;: "'t.~ en n'!!;; ;; :"J' (jl," 2: ::.~- ~:~;..; z =< c;:;-, c'...: (') ~1 'J 1::-. :-1 "", -"n ,-) i -~. ('-) t'T1 C.J " :2) -< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA ROBERT E. DOWELL, Plaintiff, v. CARS PROTECTION PLUS, INC. Defendant. ) ) ) ) ) ) ) ) ) No. 03-593 CNIL ACTION Type of Pleading: PRAECIPE FOR SUBSTITUTION OF COUNSEL Filed on Behalf of: Defendant, CARS PROTECTION PLUS, INC. Counsel of Record for this Party: Robert J. Waine, Esquire PA LD. #61662 C.A.R.S. Protection Plus, Inc. 4431 William Penn Highway Murrysville, PA 15668 (888) 335-6838 Ext. 231 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Defendant. ) ) ) ) ) ) ) ) ) No. 03-593 CNIL ACTION ROBERT E. DOWELL, Plaintiff, v. CARS PROTECTION PLUS, INC. PRAECIPE FOR SUBSTITUTION OF COUNSEL TO THE PROTHONOTARY: Please substitute the appearance of Robert J. Waine, Esq. for the appearance of David A. Regoli, Esq. in the above matter as the attorney of record for the Defendant. Thank you. Respectfully Submitted, Date: July 31, 2003 .f c.A.R.S. Protection Plus, Inc. 4431 William Penn Highway Murrysville, PA 15668 888-335-6838 Ext. 231 2 CERTIFICATE OF SERVICE The undersigned does hereby certify that on this 315t day of July, 2003, I mailed by First Class United States Mail, postage prepaid, a true and correct copy of the foregoing PRAECIPE FOR SUBSTITUTION OF COUNSEL to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 David A. Regoli, Esquire Feldarelli Square, Suite 10 2300 Freeport Road New Kensington, PA 15068 Dated: July 31, 2003 3 o c ,... -0(:;: rn!, ZJ Z,- (j)".t: ~c < ;Ii',. ~(~'~; :;i>... ~" ~ CO) L) "'" o "'"1 -~ -J: ;\2: , fT1 t:;J __~ S~~ H5 ":5r" '.~ ?o -< ,~-) , -;:::: :,.,> IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA ROBERT E. DOWELL, Plaintiff, v. CARS PROTECTION PLUS, INC. Defendant. ) ) ) ) ) ) ) ) ) No. 03-593 CNIL ACTION Type of Pleading: ANSWER AND NEW MATTER Filed on Behalf of: Defendant, CARS PROTECTION PLUS, INC. Counsel of Record for this Party: Robert J. Waine, Esquire PALD. #61662 C.ARS. Protection Plus, Inc. 4431 William Penn Highway Murrysville, PA 15668 (888) 335-6838 Ext. 231 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ) ) ) ) ) ) ) ) ) No. 03-593 CNIL ACTION ROBERT E. DOWELL, v. CARS PROTECTION PLUS, INC. Defendant. ANSWER AND NEW MATTER Defendant, C.A.R.S. Protection Plus, Inc. ("CARS"), by and through its undersigned counsel, files this Answer and New Matter in response to the Complaint of Robert E. Dowell ("Plaintiff'), and in support hereof aver the following: ANSWERI I. It is admitted that Plaintiff is an adult individual. After reasonable investigation CARS is without knowledge or information sufficient to form a belief as to the truth of the averment that Plaintiffs principal residence 1468 Boiling Springs Road, Boiling Springs, Pennsylvania 17007, and therefore, deny the same. 2. It is admitted CARS is a Pennsylvania corporation. It is denied that CARS' business address is 7408 Saltsburg Road, Pittsburgh, Pennsylvania 15235. CARS business address is 4431 William Penn Highway, Murrysville, Pennsylvania 15668. 1. It is admitted that Plaintiff purchased a 1995 Audi from In-Town Motors. CARS denies as stated the averment that Plaintiff purchased a limited warranty for his vehicle through 1 The paragraph numbering in this Answer correlales 10 the paragraph numbering in Plaintiff's Complaint. CARS at that time. Plaintiff applied and paid for the limited warranty at the time he purchased the vehicle. The limited warranty was received and accepted by CARS on February 2,2001. 2. The averments are denied as stated. Pursuant to an offer made by CARS, on or about March 2, 2001, Plaintiff upgraded and extended the limited warranty he purchased. The effective date of the limited warranty remained February 2, 2001. It is denied a copy of the warranty is attached to the Complaint as Exhibit "A". There is no Exhibit "A" attached to the copy of the Complaint served on CARS. 3. After reasonable investigation CARS is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 3, and therefore, deny the same. 4. It is admitted that limited warranties issued by CARS reqUIre that CARS authorize all repairs before they are performed by the repair facility. After reasonable investigation CARS is without knowledge or information sufficient to form a belief as to whether Plaintiff sought to have CARS cover repairs to the vehicle's water pump, and therefore, deny the same. 5. After reasonable investigation CARS is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 5, and therefore, deny the same. 6. It is admitted that Plaintiff experienced problems with the vehicle's transmission. It is denied the problems began on September 27,2002. 7. After reasonable investigation CARS IS without knowledge or information sufficient to form a belief as to the truth of the averment in paragraph 7 concerning what a mechanic informed Plaintiff, and therefore, deny the same. It is denied that Plaintiff opened a 2 claim seeking warranty coverage for repair to the transmission on September 27, 2002. In accordance with the requirements of the limited warranty, on September 18, 2001, a repair facility named European Imports contacted CARS and opened a claim for the repair of Plaintiffs vehicle. 8. It is admitted that CARS retained and independent inspection company to inspect Plaintiffs vehicle and determine the cause offailure ofthe transmission. 9. It is admitted that CARS determined that the repair of the transmission III Plaintiffs vehicle was not covered under the limited warranty. 10. It is denied the warranty is attached to the Complaint as Exhibit "A". CARS further denies Plaintiffs characterization of the terms of the warranty. The warranty is a written document which speaks for itself. 11. Denied. 12. It is admitted that CARS did not send Plaintiff a written denial of coverage explanation. After reasonable investigation CARS is without knowledge or information sufficient to form a belief as to the truth of the averment in paragraph 12 concerning Plaintiff s alleged repeated requests for a written explanation, and therefore, deny the same. By way of further answer, CARS orally explained the reason for the denial of the claim to the repair facility and denies any suggestion it had any obligation to provide a written explanation. 13. It is admitted that CARS did not send Plaintiff a copy of the independent inspector's report. After reasonable investigation CARS is without knowledge or information sufficient to form a belief as to the truth of the averment in paragraph 13 concerning Plaintiff s alleged repeated requests for a copy of the inspection report, and therefore, deny the same. By 3 way of further answer, CARS denies any suggestion it had any obligation to provide a copy of the inspection report to Plaintiff. 14. The averments in paragraph 14 are conclusions of law to which no response is necessary, they are deemed denied. To the extent a response is necessary, the averments are denied. 15. It is admitted that CARS did not provide a written claim determination to Plaintiff. It is denied that CARS failed to perform any of its obligations under the limited warranty. 16. After reasonable investigation CARS is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 16, and therefore, deny the same. 17. After reasonable investigation CARS is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 17, and therefore, deny the same. COUNT I BREACH OF CONTRACT 18. Paragraphs 1 through 17 of this answer are incorporated by reference as if fully set forth herein. 19. The averments in paragraph 19 are conclusions of law to which no response is necessary, t hey are deemed denied. Tot he extent a response i s necessary, t he a verments are denied. 4 20. The averments in paragraph 20 are conclusions of law to which no response is necessary, they are deemed denied. To the extent a response is necessary, the averments are denied. 21. The averments in paragraph 21 are conclusions of law to which no response is necessary, they are deemed denied. To the extent a response is necessary, the averments are denied. 22. It is admitted that Plaintiff filed a Complaint with a District Justice. It is denied the filing costs for that Complaint was $75.50. 23. The averments in paragraph 21 are conclusions of law to which no response is necessary, they are deemed denied. To the extent a response is necessary, the averments are denied. WHEREFORE, Defendant CARS. Protection Plus, Inc. requests this Honorable Court to dismiss the Complaint of Robert E. Dowell with prejudice, and to award C.A.R.S. Protection Plus, Inc. costs and such other relief as this court deems just and proper. COUNT II UNJUST ENRICHMENT 24. Paragraphs 1 through 23 of this answer are incorporated by reference as if fully set forth herein. 25. The averments in paragraph 25 are conclusions of law to which no response is necessary, they are deemed denied. To the extent a response is necessary, the averments are denied. 26. It is admitted that Plaintiff has paid for a limited warranty that was issued by CARS. It is denied that CARS is paid premiums for issuing a warranty. 5 27. The averments in paragraph 27 are conclusions of law to which no response is necessary, they are deemed denied. To the extent a response is necessary, the averments are denied. 28. The averments in paragraph 28 are conclusions of law to which no response is necessary, they are deemed denied. To the extent a response is necessary, the averments are denied. WHEREFORE, Defendant CARS. Protection Plus, Inc. requests this Honorable Court to dismiss the Complaint of Robert E. Dowell with prejudice, and to award CARS. Protection Plus, Inc. costs and such other relief as this court deems just and proper. COUNT III VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 29. Paragraphs 1 through 28 of this answer are incorporated by reference as if fully set forth therein. 30. After reasonable investigation CARS is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 30, and therefore, deny the same. 31. The averments in paragraph 31 are conclusions of law to which no response is necessary they are deemed denied. To the extent a response is necessary, the averments are denied. 32. The averments in paragraph 32 are conclusions of law to which no response is necessary they are deemed denied. 6 33. The averments in paragraph 33 are conclusions of law to which no response is necessary they are deemed denied. To the extent a response is necessary, the averments are denied. 34. The averments in paragraph 34 are conclusions of law to which no response is necessary they are deemed denied. 35. The averments in paragraph 35 are conclusions of law to which no response is necessary they are deemed denied. WHEREFORE, Defendant CARS. Protection Plus, Inc. requests this Honorable Court to dismiss the Complaint of Robert E. Dowell with prejudice, and to award C.A.R.S. Protection Plus, Inc. costs and such other relief as this court deems just and proper. NEW MATTER 1. Paragraphs 1 through 35 of the Answer are incorporated by reference as if fully set forth herein. 2. On September 18, 2002, Laura, an employee of European Imports, contacted CARS to open claim for the repair ofthe transmission in Plaintiffs vehicle. 3. On September 19, 2002, a representative from CARS spoke to Laura and explained the warranty claim procedures. These procedures include, inter alia, the repair facilities obligation to determine the cause of the failure of the transmission and that repairs performed without CARS prior authorization will be denied. 4. On 0 ctober 4 , 2002, CARS spoke to Paul, who was an employee of European Imports. 7 5. Paul informed CARS that the radiator cooler in Plaintiffs vehicle ruptured and the transmission was filled with coolant. The coolant in the transmission caused the transmission to fail. 6. At CARS' request, on October 8, 2002, an independent inspection company inspected the vehicle. 7. The inspector determined that the failure of the transmission cooler inside the radiator caused coolant to contaminate the transmission and caused the damage. 8. The inspection confirmed the findings of Paul at European Imports. 9. The radiator is not a covered component under the limited warranty. 10. The limited warranty does cover damage to a covered component that is caused by the failure of a non-covered component. Attached hereto as Exhibit A is a true and correct copy ofthe limited warranty issued to Plaintiff. 11. The limited warranty does not cover damage that results from fluid leaks. 12. The damage to the vehicle's transmission was c,aused by the failure by a non- covered component and by a fluid leak. 13. The damage to the vehicle's transmission was not covered by the limited warranty. 8 WHEREFORE, Defendant C.ARS. Protection Plus, Inc. requests this Honorable Court to dismiss the Complaint of Robert E. Dowell with prejudice, and to award C.A.RS. Protection Plus, Inc. costs and such other relief as this court deems just and proper. Respectfully submitted, Dated: July 31, 2003 ~~ Robert. aine PA LD. 61662 C.ARS. Protection Plus, Inc. 4431 William Penn Highway Murrysville, PA 15668 9 VERIFICATION I verify that the statements made in this Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pac S.C. Section 4904 relating to unsworn falsification to authorities. Date: July 31, 2003 ;::-- .---- resident C.A.RS. Protection Plus, Inc CERTIFICATE OF SERVICE The undersigned does hereby certify that on this 3151 day of July, 2003, I mailed by First Class United States Mail, postage prepaid, a true and correct copy of the foregoing Answer and New Matter to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 o ~ -u ti; rTlj" Z'o" :z ~__ S? /,' ~( ~~; ;is- C~ z ::;! C) W .". :"1 o '~n '-2 iTl "(,:; ,L ":(,) .~2 ~~; .,,~ In .) ..-\ ':'0. j:) -< ROBERT E. DOWELL, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-593 CIVIL ACTION C.A.R.S. PROTECTION PLUS, INC., a/k/a COMPLETE AUTOMOTIVE REPAIR SERVICES, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS NEW MATTER AND NOW, this 10th day of October, 2003, comes the Plaintiff, Robert E. Dowell, by and through his attorneys, Irwin & McKnight, and makes the following Ans wer to the New Matter filed by Defendant, C.AR.S. Protection Plus, Inc., aIkIa Complete Automotive Repair Services, averring as follows: 1. The averments of fact contained in the Plaintiff's Complaint are hereby incorporated by reference and are made part ofthis Answer to the Defendant's New Matter. 2. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph two (2) so they are specifically denied and strict proof thereof is demanded at trial. 3. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph three (3) so they are specifically denied and strict proof thereof is demanded at trial. 4. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph four (4) so they are specifically denied and strict proof thereof is demanded at trial. 5. The averments contained in paragraph five (5) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 6. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph six (6) so they are specifically denied and strict proof thereof is demanded at trial. 7. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph seven (7) so they are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff has repeatedly requested a copy of any written inspection report prepared for Defendant, which requests have been ignored by Defendant. 8. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eight (8) so they are specifically denied and strict proof thereof is demanded at trial. 9. The averments contained in paragraph nine (9) are conclusions oflaw to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 10. The averments contained in paragraph ten (10) are conclusions oflaw to which no response IS required. To the extent that a response is required and that the averments mischaracterize the tenus of the written warranty, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the warranty document referenced by Defendant was not attached as Exhibit A to its Answer with New Matter. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no response is required. To the extent that a response is required and that the averments mischaracterize the terms of the written warranty, the averments are specifically denied and strict proofthereof is demanded at trial. 12. The averments contained in paragraph twelve (12) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 2 13. The averments contained in paragraph thirteen (13) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in its favor and award Plaintiff the relief requested in its Complaint. Respectfully Submitted, IRWIN & McKNIGHT Date: October 10, 2003 Douglas Mille~~q~ Supreme Court LD. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys for Plaintiff, Robert E. Dowell 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A Section 4904, relating to unsworn falsification to authorities. I#:~& Date: Q('.ji)b.eP-.. 0/ ,:;)D03 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: ROBERT J. WAINE, ESQUIRE 4431 WILLIAM PENN HIGHWAY MURRYSVILLE, PA 15668 Date: October L , 2003 IRWIN & McKNIGHT DO~~~Sq1f!l~ Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff ROBERT E. DOWELL, IN THE COURT OF CO~~ON PL6AS OF CUNBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-593 CIVIL Xi v. C.A.R.S. PROTECTION PLUS, INC., a/k/a COMPLETE AUTOMOTIVE REPAIR SERVICES, Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substant~ally in the following form; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: DouRlas G. Miller . counsel for the plaintiff/~.~..~... in the above l. 2. action (or actions), respectfully represents that: The above-captioned action (or actions) is (are) at issue. The claim of the plaintiff in the action is $ less than $25.000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor are other- wise disqualified to sit as arbitrators: Robert J. Waine. Esquire and DouRlas G. Miller, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, -n.~Lv .J{ A1f... ORDER OF COURT ~;fa.l'G-" Mil\jl~r, Esquire ?l Attorney for Plaintiff AND NOW, ( ~_ 0102( , i~, in consideration of the 'mgo,", ;'" =. '1A.~:~&~~ "q.,f?,;'/d ~ Esq., and ?).-f~ ~~. t---- , Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By th7lJCO .;/1. /111 ,.A...1.. 'i; f.., 1 ~ ~ ." ,... l;f~/'~1 P. J. ':- t1.t '{:J ~ , ~. t l{ ~ ~; \' "" 1- ~ ~ ~ '0 0 \'- - _.) f' W (f/ ~(Yr-- ~ S :;,: " ..." ,. ;'11: ~, ,.. I '_, <," , 'I -':'+'1 .I __.. ._~ ~J ~ ;:-.~ ~"l ~ ::-J .... ~ , '~::: ( , i;..;.' r C&iOI1\fc5NWJ'.AL TH Of PENNSYLVANIA COURT Of COMMON PLEA! NOTICE OF APPEAL FROM JUDICIAL DIS"rRICT DISTRICT JUSTICE JUDGMENT ~y COMMON PLEAS No. 03 - 593 NOTICE OF APPEAL i..u.:i No,ice is given that the appellant has hied in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. "(iJr"is"A"'1(lO/echcYV fit/) ZtJ'- ADD"if/377;;;;//fJrYl (Jnt) ~wlv.II"r :~~!/.?r;z-o oJ '-{jo;;T'"3: o? D.J. (Y)/// ,;;:, III... t7iTATO 1'" TH" If);;~: III !oer. €" ".NAT""".H 'H:":J;~TTJi.~ ~;;'''":/;v5) 7fi '- :l:1~ COD. /stt;,y CV 20 LT 20 reqUired~~. d-If (i.HII-ef > CI' ( P ap~t ~as a/mant see a. No. 1001(6) in action before District R.C.P.J.P. This block will be signed ON L Y when this notation is R.C.P.J.P. No. 10088. This Notice of Appeal. when received by the District Justice, will a SUPERSEDEAS to the judgment for possession in this case. operate as Justice, he MUST FILE A COMPLAINT within twenty days after filing his NOTICE of APPEAL. (20) Signature lit Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y whe" appellant was DEFENOANT (see Pac 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). PRAECIPE: To Prothonotary f( of3Mr 03 - f{93 Enter rule upon [~ 7)OWeJ! RULE: To f<ofl;u-t ,appellee(s!, to file a complaint in Ihi. appeal . . 'jame of appellee(s) &~) Within twenty (20) days mVi""j r or SUffe?ntry of judgment of non pros. JL") lU-l /1 cure of appellant or his attorney or agent V/. , appellee(s) (Common Pleas No. t. Name of appellee(s) (1) You are notified that a rule is hereb-y 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. Dete: ~- 10 , 20 Q3... ~/~ K~~, n,f Signature of Pro~ or Dflpury N:JPC 312...go COURT FILE TO BE FILED WITH PROTHONOTARY ROBERT E. DOWELL, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-593 TERM C.A.R.S. PROTECTION PLUS, INC.r. a/k/a COMPLETE AUTOMOTIVE REPAIR SERVICES, Defendant u OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and . dis arge the duties of ~~ -~:a. ~~ our office with fidelity. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or afftrmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Co"t nf rpI'"ir 'P,904.19 ($ 312.00) Cost of teardown Filinq Fee Total award in favor of . Arbitrator, dissents. Date of Hearing: ') /11/ 04 / Date of Award: 5/13/04 NOTICE OF ENTRY OF AWARD Now, the if f- day of Cl'AIJ , 20~, at .LL:.JL, -Lt..M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Ar?bitrators'compensation to be (!u~ Jl. R~, ),tJ-...~ PaId upon appeal: Prothonotary I' $ 290.00 By: r). t2 7/v.u:,,-, 'D.;h~ ~P~v(L,~v 2-ft H. '. n ; , ) ~~ UA.'<.~, l&-t' /kt7. (;., /~, ~" ~71A'LY-I .R,;J,..d ~Lo. ~P~.~ Q AJ). S." Iv. " -q ~ ~ tch{.,., )1~,~. i..o9o<f IG..W 9 w~ , 2r. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT E. DOWELL, Plaintiff, v. CARS PROTECTION PLUS, INC. Defendant. ) ) ) ) ) ) ) ) ) No. 03-593> CIVIL ACTION Type of Pleading: NOTICE OF APPEAL FROM AWARD OF BOAR[1 OF ARBITRATORS Filed on Behalf of: Defendant, CARS PROTECTION PLUS, INC. Counsel of Record for this Party: Robert J. W,aine, Esquire PA 1.0. #6Hl62 CAR.S. Protection Plus, Inc. 4431 William Penn Highway Murrysville, PA 15668 (888) 335-6/3:38 Ext. 231 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT E. DOWELL, Plaintiff, ) ) ) ) ) ) ) ) ) No. 03-598 CIVIL ACTION v. CARS PROTECTION PLUS, INC. Defendant. NOTICE OF APPEAL FROM AWARD OF BOAR[JI OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that CAR.S. Protection Plus, Inc. appeals from the award of the board of arbitrators entered in this case on June 9, 2004. I hereby certify that the compensation of the arbitrators has been paid. Respectfully Submitted, Date: July 2, 2004 CAR.S. Protection Plus, Inc. 4431 William Penn Highway Murrysville, PA 15668 888-335-6838 Ext. 231 CERTIFICATE OF SERVICIE The undersigned does hereby certify that on this 2nd day of July, 2004, I mailed by First Class United States Mail, postage prepaid, a true and correct copy of the foregoing NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 Dated: July 2, 2004 .t~ ainl3, Esquire ~ ,.., ~ Q = """ <;:-. .s:- -< <- ~-n F ~ ~ Vi,';,,; c: ~~ Q]i:--" .- t)~ ~l~; I -0 u:> S-~"!I W -...-, ::c -1'1 V, )., r::-.: I.~ -v (;:;0 I>> '" d:;c-, ..... ;"~5rn <::> Of '(~C) ~ ~:-:-.l ~ -<> ~ J.'C '" ~;T ~';J -t> :=.J .r -<: <> -< ...- ? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) for JURY trial at the next term of civil court. x for trial without a jury. . _4" .______~.______._____.____________________n_~___..._n_________..__.~n___'____"'._ __0.___ __.n_nun__un_________._ .__________._nnn._._______....._.___n__ CAPTION OF CASE (entire caption must be stated in full) (check one) Ix) Assumpsit ROBERT E. DOWELL, Trespass Trespass (Mote, Vehicle') (other) (Plaintiff) vs. C.A.R.S. PROTECTION PLUS, INC., a/k/a COMPLETE AUTOMOTIVE REPAIR SERVICES, The trial list will be called on 6/2] /05 and Trials commence on 7 /18/05 (Defendant) Pretrials will be held on 6/29/05 (Briefs are due 5 days before prelrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 01 591 Civil 19 Indicate the attorney who will try case for the party who files this praecipe: Dou~las G. Miller, Esquire Indicate trial counsel for other parties if known: Robert: J. Waine, EsQuire______ This case is ready for trial. Signed: I\..__I"A/ }{, ~ ~. Print Name: Dou~las G. Miller Date: ~ 1 15, ().OD5 ,. Attorney for: Plaint:ifj' ......, (-~, S--,\ '3, .:-~ o -;:-.1 - ",c,;'". .-..... - t':'? - -e- ~' ~'C ~ ~ ~ b ~ <- -t' o '-\ ~ r;. \ - _._~ ------------- ROBERT E. DOWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CAR.s. PROTECTION PLUS, INC., aJk/a COMPLETE AUTOMOTIVE REPAIR SERVICES, Defendant NO. 03-593 CIVIL ACTION ORDER OF COURT AND NOW, this nod day of April, 2005, a pretrial conference in the above matter IS scheduled for Wednesday, June 22, 2005, at 11:00 a.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Thursday, July 7,2005, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. ~glaS G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff ~ert J. Waine, Esq. 4431 William Penn Highway Murrysville, P A 15668 Attorney for Defendant ~\ / //1 (p.w~ !fJ\s O~-15-(6 Court Administrator's Office . /'/, ) / /. / ' "/ . , .,. .-.".... !' '11 ,., C? ,. '1., ,;'1. ...'V SD:]Z ROBERT E. DOWELL, Plaintiff v. C.A.R.S. PROTECTION PLUS, INC., a/k/a COMPLETE AUTOMOTIVE REPAIR SERVICES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-593 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of June, 2005, upon consideration of the attached letter from Douglas G. Miller, Esq., attorney for Plaintiff, the pretrial conference scheduled in the above matter for June 22, 2005, and the nonjury trial previously scheduled for July 7, 2005, are cancelled. ~UglaS G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff ~bert J. Waine, Esq. 4431 William Penn Highway Murrysville, PA 15668 Attorney for Defendant :rc BY THE COURT, J. ?JL_ J. !-!(iJ 51;.r: 1.\,- .() r"W 117. 1.tnr ~"nz v !<~ Ii ..Uti AbV.'C:-rUUUi:d 3Hl :10 j~li,JjCr-rJ:nlj LAW OFFICES IRWIN & McKNIGHT ROGER B. IRWIN MARCUS A. McKNIGHT. 1Il DOUGlAS G. MIUER MATTHEW A McKNIGHT WEST POMFRET PROFESSIONAL aU/WING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 WWWJMHLAW.COM HAROWS.IRWIN (1925-/977) HAROW S. IRWIN, JR. (1954-1986) IRWIN. IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (/994-2003) June 22, 2005 THE HONORABLE J. WESLEY OLER, JR. CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 RE: DOWELL v. C.A.R.S. PROTECTION PLUS, INC. DOCKET NO.: 03-593 Dear Judge Oler: Please be advised that the parties have been able to resolve the above-captioned matter. The pretrial conference scheduled for June 22, 2005 as well as the trial scheduled for July 7, 2005 may be cancelled. Thank you for your attention to this matter. Very truly yours, IRWIN & McKNIGHT ~~{~ DGM:tds cc: Robert Waine, Esquire Mr. Robert Dowell , .'I' VV-t <"<f , <O~