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Home My WebLink About00-06375 -", . , MICHAEL S. STATELER, Pl:aintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00-6375 CIVIL TERM VALVOLINE INSTANT ~IL CHANGE UNICO CORPORATION LUBE MARTS, INC. THE VALVOLINE COMPANY ASHLAND, INC. CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOT I C I A Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defenses 0 sus objeciones alas demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 - . , "'I' , , -~I MICHAEL S.STATELER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00-6375 CIVIL TERM VALVOLINE INSTANT OIL CHANGE UNICO CORPORATION LUBE MARTS, INC. THE VALVOLINE COMPANY ASHLAND, INC. CIVIL ACTION - LAW COMPLAINT 1. Michael Stateler is an individual residing at 501 Overlook Court, Etters, PA 17319. 2. Valvoline Instant Oil Change has a place of business at 1409 Market Street, Camp Hill, PA 17011 and is a franchise owned by UNICO Corporation and Lube Marts, Inc. 3. UNICO Corporation and Lube Marts, Inc. are Corporations which own the Valvoline Instant Oil Change franchise located at 1409 Market Street, Camp Hill, PA 17011. 4. Valvoline Instant oil Change is a division of The Valvoline Company. 5. Valvoline Instant Oil Change has a regional office located at 3250 West Market Street, Suite 104, Fairlawn, Ohio 44333. 6. The Valvoline Company is a Corporation whose mailing address for its Corporate Headquarters is P.O. Box 14000, Lexington, Kentucky 40512. 7. Ashland, Inc. is the holding company of the Valvoline Company. 8. Ashland, Inc. has its Corporate Headquarters at 50 East RiverCenter Blvd., P.O. Box 391, Covington, Kentucky 41012-0391. - -~.~ " J c _ ,I, . , 9. On February 19, 2000, Plaintiff took his 1990 Jeep Wrangler for servicing to Valvoline Instant Oil Change located at 1409 Market Street, Camp Hill, PA. 10. Plaintiff requested that the workers at Valvoline Instant Oil Change perform a routine oil change on his vehicle. 11. Plaintiff paid to Valvoline Instant Oil Change in Camp Hill, PA the amount of $22.25 for the work they did. 12. In the course of performing the change, the aforesaid workers removed the existing V045 oil filter from Plaintiff's vehicle and replaced it with a V035 oil filter. 13. A V035 oil filter is the wrong filter for Plaintiff's vehicle. 14. On or around February 22, 2000, Plaintiff's engine ceased to operate and commonly it can be described as burned up. 15. Plaintiff's engine burned up because it had within it a V035 oil filter instead of a V045 oil filter. 16. Plaintiff's engine was completely destroyed. 17. The cost of Plaintiff purchasing and installing a rebuilt engine into his vehicle is $3,835.65. 18. All of the workers, agents and employees of Valvoline Instant Oil Change in Camp Hill, PA who serviced Plaintiff's vehicle on February 19, 2000 were acting within the scope of their employment. ~-J 1_: ,Ii . , COUNT I - NEGLIGENCE 19. Paragraphs 1 through 18 are incorporated herein by reference. 20. Said workers, agents and employees referred to in paragraph 18 were negligent in installing the wrong oil filter in Plaintiff's vehicle. 21. Valvoline Instant Oil Change, Unico Corporation, Lube Marts, Inc., The Valvoline Company and Ashland, Inc. are vicariously and/or directly liable for the negligence of said workers, agents and employees set forth above. WHEREFORE, Plaintiff requests judgment against all Defendants in the amount of $3,835.65, plus $22.25 for a total of $3,857.90 plus costs of suit. COUNT II - BREACH OF CONTRACT 22. Paragraphs 1 through 21 are incorporated herein by reference. 23. Said workers, agents and employees referred to in paragraph 18 owed a duty to Plaintiff to properly install in his vehicle the correct oil filter. 24. For the reasons set forth above, that duty was breached. " J , =~""""J . , WHEREFORE, Plaintiff requests judgment against all Defendants in the amount of $3,835.65, plus $22.25 for a total of $3,857.90 plus costs of suit. YaFFE & YaFFE, P.C. By / FFRE N. YOF E, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 stateler\complaint - "j'- , - __d,._ _.'__.__" I ~ - ~ '- , . MICHAEL S. . STATELER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00-6375 CIVIL TERM VALVOLINE INSTANT OIL CHANGE UNICO CORPORATION LUBE MARTS, INC. THE VALVOLINE COMPANY ASHLAND, INC. CIVIL ACTION - LAW VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !l4904 relating to unsworn falsification to authorities. Dated: 8 oc I @'/J 21-f~i-L) MICHAEL S. STATELER - .. I ~ ~ ~~ ->j_i . , . MICHAEL S. STATELER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00-6375 CIVIL TERM VALVOLINE INSTANT OIL CHANGE UNICO CORPORATION LUBE MARTS, INC. THE VALVOLINE COMPANY ASHLAND, INC. CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served a true and correct copy of the foregoing Complaint on Charles E. Wasilefski, Esquire. Service was accomplished by depositing the same in the United States Mail, first class, postage prepaid and addressed as follows: Charles E. Wasilefski, Esquire 2931 North Front Street Harrisburg, PA 17110-1280 YaFFE & YaFFE, P.C. Date: 10/9/00 eff y N. offe, Esquire Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 ~, - -4.~'--~IIiil!l8'~Iam:~~l;t"'ft.""'J'''''~''-;;'ilw_i.lli;-,,,,~,,,,,",_,ijb~''11~__1i - _..0 ,~ '~^"'>-'~"""'"'~-<--'--'"" """- a: ,~.~~~ - "....J""d~ ~ " ."'" '<~ . . (") 0 C) ~ C> "jj C) "0 ti " m '-1 Z -.'. Z I (j) -, U::-. -< r" C < '----:::1 ;;t;: 0 ....:,~ ~- C) n-I ~ ~,? .P S:: ---..1 ;:,,::i ~ :.,.) 5., e" -< - "" 'h" _$'_> ,-~ 'k , < " PETERS & W ASILEFSKI By: Charles E. Wasilefski, Esquire Attorney ID #21027 2931 North Frout Street Harrisburg, PA 17110 Attorney for Defendants, UNICO Corporation and Lube Marts, Inc. MICHAEL S. STATELER, Plaintiff IN THE COURT OF COMMON PLEAS,C~BERLAND COUNTY, PENNSYLVANIA vs. VALVOLINE INSTANT OIL CHANGE, UNICO CORPORATION, LUBE MARTS, INC., THE VALVOLINE COMPANY ASHLAND, INC., Defendants CIVIL ACTION - LAW No. 00-6375 Civil Term NOTICE TO PLEAD TO: ALL PARTIES AND THEIR COUNSEL YOU ARE REQUIRED to plead to the within Answer with New Matter within twenty (20) days of service hereof, or a default judgment may be entered against you. PETERS & W ASILEFSKI Dated: 1;):21/2000 /'"\ B~8' CHARLES E. W ASILEFSKI Attorney ID #21027 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorney for UNICO Corp and Lube Marts, Inc. i \; o [, 'J . ,~--~, '-, _-0, __rjT' '" ,~- /- '"1: , p' , .' PETERS & W ASILEFSKI By: Charles E. Wasilefski, Esqnire Attorney ID #21027 2931 North Front Street Harrisburg, PA 17UO Attorney for Defendants, UNICO Corporation and Lnbe Marts, Inc. MICHAEL S. STATELER, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA vs. VALVOLINE INSTANT OIL CHANGE, UNICO CORPORATION, LUBE MARTS, INC., THE VALVOLINE COMPANY ASHLAND, INC., Defendants CIVIL ACTION - LAW No. 00-6375 Civil Term ANSWER WITH NEW MATTER OF DEFENDANTS. UNlCO CORPORATION and LUBE MARTS. INC. TO PLAINTIFF'S COMPLAINT NOW COME, Defendants, Unico Corporation and Lube Marts, Inc. (collectively referred to as "Lube Marts"), by and through their attorneys, Peters & Wasilefski, and answer Plaintiff's Complaint, as follows: I. Defendants, Lube Marts, deny the allegations contained in Paragraph I of Plaintiff's Complaint. After reasonable investigation, said Defendants are without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further response, said Defendants deny said L "', '. ,~ -- -.. ',--,- " ~_. , ~~ , allegations pursuant to Pa. Rule of Civil Procedure 1029(e). 2. Defendants, Lube Marts, admit the allegations contained in Paragraph 2 of Plaintiff's Complaint. 3. Defendants, Lube Marts, admit the allegations contained in Paragraph 3 of Plaintiff's Complaint. 4. Upon information and belief, Defendants, Lube Marts, deny the allegations denied in Paragraph 4 of Plaintiff's Complaint. Defendants, Lube Marts, believe and therefor aver that Valvoline Instant Oil Change is a franchise of Valvoline Instant Oil Change Franchising, Inc. In further answer, Defendants, Lube Marts, deny said allegations pursuant to Pa. R.C.P. 1029(e). 5. Upon information and belief, Defendants, Lube Marts, admit the allegations contained in Paragraph 5 of Plaintiff's Complaint. 6. Upon information and belief, Defendants, Lube Marts, admit the allegations contained in Paragraph 6 of Plaintiff's Complaint. 7. Defendants, Lube Marts, deny the allegations contained in Paragraph 7 of Plaintiff's Complaint. After reasonable investigation, Defendants, Lube Marts, believe that Valvoline Instant Oil Change Franchising, Inc. is a subsidiary of Ashland, Inc. In further answer, said allegations are denied pursuant to Pa. Rule of Civil Procedure 1029(e). 2 " '. ~",',-,-~ ",,~, '.' -, ~- .... .11 , .' 8. Defendants, Lube Marts, deny the allegations contained in Paragraph 8 of Plaintiff's Complaint. After reasonable investigation, said Defendants are without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, said allegations are denied pursuant to Pa. Rule of Civil Procedure 1029(e). 9. Defendants, Lube Marts, admit in part and deny in part the allegations contained in Paragraph 9 of Plaintiff's Complaint. Based upon records, it is admitted that Plaintiff took a Jeep Wrangler for servicing by Defendants, Lube Marts, at the facility in Camp Hill, Pennsylvania. It is denied, however, that the vehicle was a 1990 Jeep Wrangler. To the contrary, although the shell of the vehicle had the appearance of a 1990 Jeep Wrangler, the engine had been changed to a 1991 engine and therefore the vehicle was non-stock and a hybrid vehicle. In further answer, Defendants, Lube Marts, deny said allegations pursuant to Pa. R.C.P. 1029(e). 10. Defendants, Lube Marts, deny the allegations contained in Paragraph 10 of Plaintiff's Complaint. It is unknown what Plaintiff may have requested; however, the service performed included an oil change. In further answer, said Defendants, Lube Marts, deny said allegations pursuant to Pa. R.C.P. 1029(e). 11. Defendants, Lube Marts, admit the allegations contained in Paragraph 11 3 c--, ., ... ,.1 of Plaintiff's Complaint. 12. Defendants, Lube Marts, admit in part and deny in part the allegations contained in Paragraph 12 of Plaintiff's Complaint. It is admitted that Defendants, Lube Marts, in the course of providing service, removed an oil filter and replaced it with a V035, the appropriate filter for an 1990 Jeep Wrangler. It is denied that the filter removed was a V045 oil filter. After reasonable investigation, said Defendants are without knowledge or information as to the truth of said allegations and proof thereof is demanded at trial. 13. Defendants, Lube Marts, deny the allegations contained in Paragraph 13 of Plaintiff's Complaint. It is specifically denied that a V035 oil filter is the wrong oil filter for a 1990 Jeep Wrangler. To the contrary, a V035 oil filter is the correct size oil filter for a 1990 Jeep Wrangler. In further answer, Defendants, Lube Marts, deny the allegations in said paragraph pursuant to Pa. Rule of Civil Procedure 1029(e). 14. Defendants, Lube Marts, deny the allegations contained in Paragraph 14 of Plaintiff's complaint. After reasonable investigation, said Defendants, Lube Marts, are without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendants, Lube Marts, deny said allegations pursuant to Pa. Rule of Civil Procedure 1029(e). 15. Defendants, Lube Marts, deny the allegations contained in Paragraph 15 4 ~ of Plaintiff's complaint. It is specifically denied that Plaintiff's vehicle "burned up" because of the oil filter type. After reasonable investigation, said Defendants, Lube Marts, are without knowledge or information sufficient to form a belief a s to the truth of said allegations and proof thereof is demanded at trial. In further answer, said allegations are denied pursuant to Pa. Rule of Civil Procedure 1029(e). 16. Defendants, Lube Marts, deny the allegations contained in Paragraph 16 of Plaintiff's complaint. After reasonable investigation, Defendants, Lube Marts, are without knowledge or information sufficient to form a belief as to the truth of said remaining allegations and proof thereof is demand at trial. In further response, said defendants deny the remaining allegations pursuant to Pa. Rule of Civil Procedure 1029(e). 17. Defendants, Lube Marts, deny the allegations contained in Paragraph 17 of Plaintiff's Complaint. After reasonable investigation, Defendants, Lube Marts, are without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. Defendants, Lube Marts, deny the remaining allegations pursuant to Pa. Rule of Civil Procedure 1029(e). 18. Defendants, Lube Marts, admit the allegations contained in Paragraph 18 of Plaintiff's complaint. 5 ~-~, ">', ," ., COUNT I -NEGLIGENCE 19. Defendants, Lube Marts, incorporate their answers as contained in Paragraphs 1 through 18 above as a fully rewritten herein in response to Paragraph 19 of Plaintiff's complaint. 20. Defendants, Lube Marts, deny the allegations contained in Paragraph 20 of Plaintiff's complaint. Said Defendant is advised and therefore avers that the allegations contained in said paragraph are conclusions of law and require no further answer. To the extent that an answer may be necessary, it is specifically denied that any of Defendants', Lube Marts, workers, agents and employees were in any way negligent. To the contrary, Defendants, Lube Marts, and their workers, agents and employees acted in a reasonable, careful and prudent manner, under the facts and circumstances of the present case, and in accord with the manufacturer's engine service recommendations, in installing a V035 oil filter in the 1990 Jeep Wrangler vehicle. Said Defendants further aver that Plaintiff, Michael S. Stateler, acted in a negligent, careless and reckless manner in failing to advise Defendants, Lube Marts, and their workers, agents and employees, on February 19, 2000 that his 1990 Jeep Wrangler was in fact a hybrid, non-stock vehicle that possessed a different year engine from that manufactured with the vehicle. It was Plaintiff's own negligence in failing to advise of 6 ,-~ ',".' ~,~ ~"--'- , ", 'Ii;; .' the different engine and to assure that service personnel were aware of the condition so as to further assure that a filter for a 1991 engine was used. It was Plaintiff's own negligence that was the sole substantial factor in causing Plaintiff's alleged damages. In further answer, said allegations are denied pursuant to Pa. Rule of Civil Procedure 1029(e). 21. Defendants, Lube Marts, deny the allegations contained in Paragraph 21 of Plaintiff's complaint. Defendants, Lube Marts, are advised and therefore aver the allegations contained in said Paragraph are conclusions of law and require no further answer. To the extent that an answer may be necessary, it is specifically denied that Defendants', Lube Marts, workers, agents, and employees, were in any way negligent, careless or reckless. To the contrary, Defendants', Lube Marts, workers, agents and employees acted in a careful and prudent manner and acted reasonably and appropriately under the facts and circumstances, at all times in this matter. In further answer, said allegations are denied pursuant to Pa. Rule of Civil Procedure 1029(e). WHEREFORE, Defendants, Lube Marts, demand that Plaintiff's complaint be dismissed. COUNT II - BREACH OF CONTRACT 22. Defendants, Lube Marts, incorporate their answers as contained in Paragraphs 1 through 21 above as if fully rewritten herein in response to Paragraph 22 7 - -",'. ",' e-~=-_'t,~,... '~, ,._d,"'I' of Plaintiff's complaint. 23. Defendants, Lube Marts, deny the allegations contained in Paragraph 23 of Plaintiff's complaint. Said defendants are advised and therefore aver that the allegations contained in said Paragraph are conclusions of law and require no further answer and proof thereof is demanded at trial. To the extent an answer may be necessary, Defendants, Lube Marts, did properly install the correct oil filter for the 1990 Jeep Wrangler. If there was something unusual about the vehicle that required special instructions for servicing, it was Plaintiff who was obligated to provide that information at the time that the service was requested on February 19, 2000. In further answer, said allegations are denied pursuant to Pa. Rule of Civil Procedure 1029(e). 24. Defendants, Lube Marts, incorporate their answers as contained III Paragraph 1 through 23 above as a fully rewritten herein in response to Paragraph 24 of Plaintiff's complaint. Defendants, Lube Marts, deny the allegations contained in Paragraph 24 of Plaintiff's complaint. Said Defendants are advised and therefore aver that the allegations contained in said paragraph are conclusions of law and require no further answer and proof thereof is demanded at trial. To the extent that an answer may be necessary, it is specifically denied that Defendants, Lube Marts, breached any duty to Plaintiff. To the contrary, Defendants, Lube Marts, fulfilled its obligation to Plaintiff to service a 1990 Jeep Wrangler. By way of further answer, Plaintiff 8 ~~" ~ -,- ~ approved and accepted Defendants, Lube Marts, work as performed. In further answer, said allegations are denied pursuant to Pa. Rule of Civil Procedure I 029( e). WHEREFORE, Defendants, Lube Marts, demand that Plaintiff's complaint be dismissed. NEW MATTER 25. Defendants, Lube Marts, serviced Plaintiff's vehicle and/or engine on February 19, 2000 in accordance with the manufacturer's recommended procedures and specifications for a 1990 Jeep Wrangler, all of which were reviewed, approved and accepted by Plaintiff. 26. All of Plaintiff's damages are as a direct and proximate result of Plaintiff, Michael S. Stateler's, own negligence, carelessness and recklessness as follows: (a) In failing to advise and/or disclose to Defendants, Lube Marts, on February 19, 2000, that his 1990 Jeep Wrangler did not possess the original 1990 manufacturer's engine for said vehicle; (b) In failing to inform Defendants, Lube Marts, on February 19, 2000 of the unique specifications and requirements of the replacement engine in his 1990 Jeep Wrangler, when he knew or should have known the replacement engine required different servicing and/or parts than the manufacturer's 1990 Jeep Wrangler engine; (c) In failing to request, and ensure he received, a V045 oil filter for his engine on February 19, 2000 when he knew or should have known his replacement engine required a V045 oil filter and/or that the manufacturer's 1990 Jeep Wrangler engine required a V035 oil filter; 9 ,..- 0'_,,' (d) In failing to properly review and/or object to the service invoice on February 19, 2000 which indicated a V035 oil filter was replaced; (e) In improperly and inappropriately approving and accepting the use of a V035 oil filter on February 19,2000 when he knew or should have known his remanufactured engine was different than a 1990 Jeep Wrangler manufacturer's engine, and required a V045 oil filter. 27. All or a part of Plaintiff's alleged damages are barred by operation of the Comparative Negligence Act. 28. Plaintiff assumed the risk of injury and/or damage to his vehicle and/or engine on February 19,2000 by accepting a V035 oil filter and/or operating his vehicle and/or engine with a V035 oil filter when he knew or should have known his replacement engine required a V045 oil filter. 29. Plaintiff s claims are barred by the applicable Statute of Limitations. 30. Plaintiff s Complaint fails to properly allege sufficient facts to establish that Defendants, Lube Marts, had any duty or responsibility to Plaintiff or that any duty was breached. 31. Plaintiffs Complaint fails to allege a viable negligence and/or viable breach of contract cause of action against Defendants, Lube Marts, pursuant to the facts and circumstances of this case. 32. Plaintiffs own negligence was the sole substantial factor in causing Plaintiffs alleged injuries and damages. 10 , -~-' ,,,"', ",,,I" ,,' ',_. ~-., " - 1 _" -, '-~, ' 33. No contract exists and/or is enforceable between Plaintiff and Defendants, Lube Marts, for the February 19, 2000 service based on mistake, misunderstanding, and/or non-disclosure between and/or among the parties. WHEREFORE, Defendants, Lube Marts, demand that Plaintiff's complaint be dismissed. PETERS & W ASILEFSKI Dated: November 21,2000 11 Charles E. Wasilefski, Esquire Attorney ID #21027 Sheila A. Thurston, Esquire Attorney ID #84027 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorneys for Defendants, UNICO Corporation and Lube Marts Marts, Inc. -~ 'i, . . VERIFICATION I hereby affirm that the following facts are correct: Lube Marts, Inc. is a Defendant in the foregoing action and I am authorized to execute this verification on their behalf. The attached Answer with New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of the defense of the lawsuit. The language of the Answer with New Matter is that of counsel and not of me. I have read the Answer with New Matter and to the extent that the Answer with New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: I J) ~ i } 0 i) , , 9~CJ'\~~ 11/21/2000 11:36 8142384102 UNICO LUBE MART NUV-~I-UU IU~ lJ~:o,i HI'I :Ptl~Jt~ & WlltilLl:r::iKl rAX flU. IJIG,i~l(oU PAGE 02 P. Ui: YEtUFJCA nON I hereby affirm Withe following facts are correct: Unico Corporation is a Defendant in the foregoing action and I a.m authorized to eXCCIlte this verification on their behalf. The attached Answer with New Malter is ba~d ulIon information whk.h I have furnished 10 my cO\lllscl and infomliltion which has been salbered by my coun~el in preparation of the defense of the law$uit. The: Jal\guage of tbe Answer with New Malter Is that of counsel and not of me. I have read the ^nswer with New MaLler and to the extCnt that the An~wer with New Matter is bascd llpOIl information which I have giv~ to my cOllMel, it h Lrue ar.d correct to Llie besl of my knowledie, informadQIl, and belief, To Ihe OlClOl\t that the content of the Answer with New Matter is that of counsel, I have relied upon cOl1usel in making thia veriflcation. I hereby aCknowledge that tho facts set fQrTll in the aforesaid Answer wlLh New Maner are Inade subject I" tlK' penalties of 18 Pa. C.S. Section 4904 relating to UnSWorn falsification to 3\1thorities. Dated: jO..7..I-"'" JC. y,.. .../ P. ill .L... o -.......,.. ) iJlnr.",> .I j -,--, ". " ",--"- ~, - ,--,_ , ^' ~__""C U , , CERTIFICATE OF SERVICE This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices of Peters & Wasilefski, have this 9. \ day o~~~~ , 2000, served a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, UNICO CORPORATION AND LUBE MARTS, INC., TO PLAINTIFF'S COMPLAINT upon all parties by depositing same in the United States mail, first class, postage prepaid, addressed to the counsel of record as follows: Jeffrey N. Yoffe, Esquire YOFFE & YOFFE, P.C. Suite 203 214 Senate Avenue Camp Hill, PA 17011 (Counsel for Plaintiff) Ashland, Inc. 50 East River Center Boulevard P. O. Box 391 Covington, Kentucky 41012-0391 The Valvoline Company P. O. Box 14000 Lexington, Kentucky 40512 Valvoline Instant Oil Change 3250 West Market Street Suite 104 Fairlawn, Ohio 44333 ~~~~"'-~"'~,~ Pamela J. Crum .~, L~J i2killi<]. ~ ,. " MICHAEL S. STATELER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO, 00-6375 CIVIL TERM VALVOLINE INSTANT OIL CHANGE UNICO CORPORATION LUBE MARTS, INC. THE VALVOLINE COMPANY ASHLAND, INC. CIVIL ACTION - LAW RESPONSE OF MICHAEL S. STATELER TO NEW MATTER OF UNICO CORPORATION AND LUBE MARTS, INC. 25. After reasonable investigation, Michael S. Stateler (Stateler) is without knowledge or information sufficient to form a belief as to whether Lube Marts serviced said vehicle in accordance with recommended procedures and specifications for a 1990 Jeep Wrangler. The same is therefore denied. It is denied that Stateler reviewed, approved or accepted the work of Lube Marts other than to pick up his car and drive it away after Lube Marts was finished working on it. 26, It is denied Stateler was at all negligent. (a) Denied. Stateler previously had his vehicle competently serviced at Defendants place of business on October 2, 1999 and December 18, 1999. See Exhibit "A" for receipts. Immediately prior to the october 2, 1999 servicing, Stateler specifically told the Defendants that he had a 1992 engine in his 1990 car. At the October 2, 1999 servicing, Stateler was presented with an ID card attached as Exhibit "B" and was told by Defendants that his information would be kept in Defendants records and would be accessed every time Stateler brought in his vehicle. The same number on said card is on Stateler's car door for everyone to see. On December 18, 1999 Stateler presented ,~- ....~ II , "',~li :: his card to Defendants and the correct V045 filter was installed. On February 19, 2000 Stateler again presented his card to Defendants which is the same as advising Defendants of the type of oil filter which is required. This is evidenced by Defendants own computer generated receipts from October 2, 1999 and December 18, 1999 which note (in the second column, middle of the page) that Stateler's vehicle receives a V045 filter. (b) Denied. Stateler incorporates by reference his response to paragraph 26(a). (c) Denied. via submitting his card and in reliance upon representations of Defendants that Stateler's unique vehicle requirements were stored in Defendants records, Stateler did request that he receive a V045 filter. Stateler incorporates by reference his response to paragraph 26(a). (d) It is Denied that Stateler has any duty to review his invoice for the purpose of determining whether the correct oil filter is put into his vehicle. It is the responsibility of Defendants to put the correct filter into the vehicle. (e) It is denied that Stateler ever approved the V035 filter other than to pick up the car when servicing was complete and drive it off the lot. Stateler had no duty to approve the V035 filter and Stateler was reasonable in assuming that the Defendants competently placed the proper filter into his vehicle. 27. It is denied that Stateler was comparatively negligent. 28. It is denied that Stateler assumed the risk of injury and/or damage to his vehicle and/or engine. Stateler had no duty to approve . I .-",,- , ~ L~j ~ ~ li! .' I the V035 filter and Stateler was reasonable in assuming that the Defendants competently placed the proper filter into his vehicle. 29. It is denied any claims are barred by the Statute of Limitations. 30. Denied. The complaint does allege facts sufficient to establish Lube Marts is liable to Stateler for damages by way of having a duty to Stateler and then breaching that Duty. 31. Denied. The complaint does allege viable negligence and breach of contract causes of action against Lube Marts. 32. For the reasons set forth in paragraphs 26 and 28 above (and incorporated herein), Stateler was not negligent. 33. Denied, For the reasons set forth in the complaint there was a contract between the parties and no alleged mistake, misunderstanding or non-disclosure serves to remove the existence of a contract from this case. WHEREFORE, Michael S. Stateler requests judgment in his favor in accordance with the complaint filed in this case. YaFFE & YOFFE, P.C. FFRE N. YOF SQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 stateler\response - I" "" I' i F[~ No. 328 12/01 '0013:54 lD:YQFFE & YOFFE P.C. , 717 975 1912 PAGE 8 MICHA~L S. STATELER, PlaintIff : IN Tltt;; COURT OF COMMON PLEAS OF :cOMa~RLAND COUNTY, V~NNSYtVANIA Vs. NO. 00-6375 CIVIL TERM VALVOLINE INSTANT OIL CHANGE UNICO CORPORATION I~U8E MARTS, iNC. TRE VALVOLIN~ COMPANY ASHLAND, INC. CIVIL ACTION - LAW \/p.RIFrCATION r herel:>y sl:ate that r am an adult individual whO is authorized to make this verification and that the tacts set fonh in the forego:lllg response are true to the best Of lilY knowledge, information. and belief. I 'Jnderstand ttlat false statements herein an> made subject to 1:he penalties of 18 Pa. C.S. !i4904 relating to unsworn fal.sifica1:ion to authorit.iell. Oat.ed: .zUfid) ~ ::J. DEe, ~fiJ MICHAEL S. S'l'IITELl;:R ...'~'~= ~ ~. w~__,,", . W Va/voline INSTANT Oil CHANGE * - ",< I _.~ ~,_,.'--'" II ~....,~J CARS. WE KNOW 'EM. WE LOVE 'EM. ™ Get Your Vehicle's VIDe Service History at: www.viae.conl Gift Certificate" Are Available Year~Round. InvalceNo. S,.~I"" 95063 R Y 119/0211999 I'" j 1 IiN3102 ~lgt':JUI:: NIRflSULA I_UljE HAIHS, INC CANP HILL, Pfl 17011 (11 n 7.31-3.3.',5 NICHflLl SlA1LU:.f~ ::;01 OVliRLIJOK COURT ETTH<S PA 1731 'l .. .... 180182507.3 .. 95193 ,. I 1990 JEhP WFiHNBLEFi 1'1 CYL 2.5L 1::;0 FI (E) .... ~: ~; ~. >-, n ~ J Z ~ OIL CHnNGE VALVOLlNE OIL F IUER VO'I5 CHASSIS LUBE WITH SI::RVICE PLUG&GASKET T1RI:. PRESSURE BRAKE FLD POWER STEERING ANTIFREELE ~IIND. WliSH .FLD BArfERY VALVULlNE AIR FILTER VA36 PCV VALVE ::;2233 WIND. WIPERS LOOLlNG SYSfEM RAD. cm.' TRANSMISSION rLUID CHANGE I;EnR DIFf i"LUID CHI~NGE FRUN'I DIH. fLUID CHflNGL mflN:3fl:::R CflS!: I=LUlO CHG SERPI:.Nl WI:: !:lEU FULL INJ. SHV. " " :;; " ~. " ~ 1 " ~",Rti Services performed by: no, cc: _..~ JI-I~ Audil No. (tMamal Use Onlv) F 1 9'" 6 8 7 9 _, 0 19 II HDDt:D REPLACED CHECKED NC CHECKED CHECKED CHECKED FIDDI:.D 1 U CHECKED CHECKED CHECKED CHECKI:.D CHI:CKED CHECKED ;;U~V IClli StRVICED SLRVICl::li :3tllV I CEO CHI::CKLV CHi.:.CKED 140'3 r'lAllKl:: r S rHI:Ef .. '1 / / I Sign (X) : . , SleiW2iiliB 4.50 , VO~5 1. 00 LUliE 11. 11!11! I FRUtH 19 LBS RlAR 0 LBS : , rt~lp -34 , . . QT tACH 2~:. 'l'l S-I R,iNGL" 6.60 VI 22.9':) SIlDIFfGL5 3.519 pr i.~i.~. gq I SfrJIFf-GL5 2. tdl) 1'1 22.9~ :3 rGf1SLIX,X 3.20 pr (~2. 99 WISCO:'liSLI'O CUSTOMERS: MoltlT vehicle repair praclil'c~ life rrgutaled by l'Impler ATCP 132 Wis. Adm. Code administered by tlie Burcllll [If COIl'llluer Protection. Wisconsin Department of Agriculture, Trade and Con,umcr Protection, 1'.0. Box 8911, f\'ladison. Wisnlllsm ';37011. 91\ 11. BRAKE FLUID: VIae checks bUI does not add brake fluid. Auto 1llanulilclurers reeonlmcnd n mechaninll clleek rOT exces,jve wdlr or leaks if nuid is low. COMMENT SECTlmlBELO\N ~'=' '",''-,.4' . --- """'" 'r.;, ,:-:'" j ~....( ~.",.^~ ~~~i 1# " f\, II i!~~ S:UBTU1,:L 4Xl /H3 ~'nfn S SflU:::S rnx TOTilL / CHtCK 1 ;e0" nm TENlil:.RED LHnNGE 115. 9~1 25.qij 89.% 5.40 9~. 3t, 95.36 q~.3b 0.11!0 THAf'iK.voU! 'We appreciate YOlrr . busine'st'-See the back fO~OLli' 100% Satisfaction Guarantee CARS. WE KNOW 'EM. WE LOVE 'EM. ™ . - ~ .~~ '. . GIft; Certificates Are Available Year-Round. Get Your Vehicle's vloe Service History at: www.vioc.com InvoJceNo, Slorelnlo 98531 R Y 12/18/1999 11:26 AN3102 Myr:JU~ MIRASULA LUBE MI1RrS, INC CAMP HILL, PA 17011 (71 n 137-.33.35 1~~9 MARKET SrREET MICHAEL SHn~LLR :51'11 OVERLOOK COURT ETTERS, PA 17319 "' t. 120122507~ 98881 95.193 . II 10/02/199 t. " l'l91'1, JEEP WRI-lNGU:::R 4 CYL. 2.::iL 150 F-I (E) Sign (X) ..If ~. ~, t; ~ ~ U z @: ~ "- .. ~ O!i '" ~ ~. 00 . 00 OIL CHANGE VALVOLINE OIL FILTER IJ045 CHASSIS LUBE WITH S~RVIC~ PLUG&GASKET TI RE PRESSURE BRAKE FLD POWE:R STE.E:RING ANTIf'REEZE WIND. WASft FLD BArrERY . VALVOLINE AIR FILTE:R VA36 PCV VALVE :52233 WIND. WI~'ERS COOLING SYSn::M RAD. CA~' rHANSM I SS ION REAR lilH I"RONr Dll'F. TRANSH:.R CRSI:- rRnN:3flXLE TEt'lP -34 ADDED REPLACED S10~J30B V045 LUBE 4.50 1.00 11.00 CHECKED CHECKED CHECKED CHECKED CHECKED ADDED TU ADDED TO CHECKED CHECKED CHECKED CHECKED CHECKED Clll:::CKED CHECKED CIUXKED CHECKED CI1I:::CKED FRUNT 35 LBS REAR 35 LBS ~p. Services performed by: r.~B, CS . JrM WISCONSIN CtJSTOMERS: r--1c>111r vehicle repair pruclices are regulated by chapler ATCP 1.12 Wis_ Adm. Code administered by the Bureau ('fConsumer Pr()(ccliol1, Wi,cnnsin Department or Agriclllture. Trade Ilud Cotlsll1\1er Protl."ction, P.O. lJox 8911. Matlisllll. Wisnmsin 5]708-9811, BRAKE FI.UID: VIDe chcl;ks but docs not lldd brake nuid./\utomanufaclurers recommend a mechankalcheck forex<.:essivcwearorlcllksirnuid is low. , . Audll No. 'Internal Use Unly! :" .' '_"'-'-_< ,"_ ';-"'_ '.; :,-"'4:0:, : ii-/'....~;l::~:.a 0, . . ['1 (':71 I:h1 I .- l",....l "" . . Q'f EI~CH 23.99 SUBTOTAL H3 SALlS TflX f1JrliL /CHECK 12&2 flMT rENDI:J<t::D CHANGE 23.99 3.00 ' 1. 2& 22.25 22.2~ 22.25 0.00 THANK YOU! We appreciate your business. See the back for our 100% Satisfaction Guarantee .,,)If;,,-, ----"'," '" :a S ! D( u z ~ '" '" ;:: " & "- N '" ~ - ~ ,~ ~ ~'" , I J; L CARS. WE KNOW ~EM. WE lovE 'EM. ™ . Get Your Vehicle's VIDe Service History at: www.vioc.com Gift Certificates Are Availal1le Yea....Round. ,,,.,,..No. 101137 R Y 02/19/2000 08:47 ."","'" j:lN3102 . Mgr:JOE MIRj:lSOLj:l LUBE MARTS, INC CAMP HILL, PA 17011 (717)737-3335 MICHj:lEL STj:lTELER 501 OVERLOOK COURT ETTERS. Pj:l 17319 OIl 120l225073, 103348 ," . 01 JEEP WRANG\.J:::R I I 1990 I 4 CYL. 2.5L 150 FI (El .... OIL CHj:lNGE VALVOLINE OIL FILTER V035 CHj:lSSIS LUBE WITH SERVICE PLUG&Gj:lSKET TI RE PRESSURE BRAKE FLD POWER STEERING j:lNTIFREEZE WIND. Wj:lSH FLD BATTERY , Vj:lLVOLINE AIR FILTER VA3b PCV VALVE 52233 WIND. WIPERS COOLING SYSTEM Rj:lD. CAP TRANSMISSION REAR DIFF FRONT DIFF. TRj:lNSFER CASE TRANSAXLE fil:tIr:..P/ri Services performed by: AB, GD - . DL Audit No. (Internal Use Onlv! F? 7 6 9 2 9 7 1409 MARKET STREET I' 98881. 12/18/1991 I Sign (X) : " ADDED REPLACED S10W30B VOSS LUBE 4.50 1. 00 11.00 CHECKED CHECKED CHECKED CHECKED CHECKED j:lDDED TO CHECKED CHECKED CHECKED CHECKED CHECKED CHECKED CHECKED CHECKED CHECKED CHECKED CHECKED FRONT 33 LBS , REAR 33 LBS TEMP -34 '"\ ISCONSIr'<; ClJSTO.'\1ERS: Molor vehicle rep~ir practicc~ are ft'f!llhlted bl' chapl<~f l\TCP 1.12 Wis. Adm. (ode administered by the Bur!:;'u of COl1'1nnCI F'mll:ctinl), Wi~c(lnsil1 Departmelll \If t\crkuhllrc. Trndc and COl1'iUmer Protection, P.O. Box 891 L MarJislln, Wis('ul1sin S370R-9Rll. BRAKE FLlIID: VIOC checks t"'l~!...ill'-"l hrnhc tluid.AtllO manufacturers recommend:! n1(;Chall;(al check fllr exce"~h'e we:tror teab if n'-1id is low. COMMENT SECTlotJ BELOW ..... '\- .1 "'''c' ~ -,- n H :.r- 11' :.- '. :".,,,). ' i-.;"" ;jjlli~~ ~ I' , I QT mCH 23.'39 SUBTOTAL 23.99 .3.00 1.2& R3 S~IU::S Tj:lX TOTAL /CHE.CK 130b f~MT fENDEHED CHANGE. 22.25 22.25 22.25 0.00 ,. ; ~ . i \." ~ ,:---,' --, // \ \. l~ ... ,-"-> ... . , ro provld. lap ,.oUly Vo/velin.. prodo"s omI servlce,.1e IIe,p yo. adhere 10 manufacturer's recommended .,nlce Inlervals, Griff:', grv. you pr.fesslonal,. ./lid.., a.d 1rI..dly service ..'" omIeyery .lsII. Keep ""s ami 10 yaar gla.. 6a.. 1I1d..HR" Y" a.d y~... ..hide wltb y..r. .. Mtlflufflcturer's suggested service mfervals ::,'~r4.- ~ .. V./IId.'s service bls'ary wI'b as "',. ~ Service pre'erences CaIIl.800.MSr..(J/ANGf for .1a",Ha. .ear you. Good al all VoIvofineo '.S'OII' 'Ion "'a.",OIId V.,..u...Rapld 011 ClrOllg"'a,,,Haas .atlo.wld.. . { .....,'...... EXHIBiT "B" ".~<~=" ~~ Ii . , 'k '1\ ' " . MICHAEL S. STATELER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00-6375 CIVIL TERM VALVOLINE INSTANT OIL CHANGE UNICO CORPORATION LUBE MARTS, INC. THE VALVOLINE COMPANY ASHLAND, INC. CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served a true and correct copy of the foregoing Response to New Matter on Charles E. Wasilefski, Esquire. Service was accomplished by depositing the same in the United States Mail, first class, postage prepaid and addressed as follows: Charles E. Wasilefski, Esquire 2931 North Front Street Harrisburg, PA 17110 YaFFE & YaFFE, P.C. Date: December 8, 2000 E RE N. YO , ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 stateler\certsvc il\iIl , "'~~llil'_'IIl...il!Il~\1tii:l~j1l-N>m>rolilll""""",..",'"~,,,j."""~.-;>-~~'1'.i!!'--Bt~~'iI;@iIhMl__IiM!lI1lllDm;:i!l:lid-WlliiilUi~ ~ ,>.. _~,~,,~~"~ ~~ __o~ ~." ~ >,,..,..,J-~ ~'" '""~",-~HIliiiilIiIilll: - ""-"'...~ ~~~ . . 0 c:;> -c::. C C.? -j1' :;.:~# C, 'c. --aCC ,-rl -;:-'1 II"" C> 'i'~-: Z::. -fIL} Zl;. C),h ~?c-' '~'4 .,;;, !<: CJ -0' -~ " ~n :;l\: f~}~; N r,r" S;O '--~ C -< ~ '-'1 ~ rv -< . ~~>~~--:7 ~ ~ ~~!!IlU_L I'!~ /.Q '--' 1<1, _I '.~~ )~Ui'n~" ''!~:OC~MMONWEALTH OF PENNSYLVANIA '. tlUNTY OF:' CUMBERLAND "> "--','" "".l'" " NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE' PLAINTIFF: NAME and ADDRESS IsTATELER, MICHAEL S I 501 OVERLOOK COURT E:TTERS, PA17319 L, .\ -.J Mag. Dist.Ne.: 09-1-01 DJ Name: Hen. '., '.' ~.EJ~~.CtEImNT,. . .A~d,';"1;06::~ISLE,R.OAD "~' !;r'~i>','<<rLL'i""PA:"'C J:i., ,'. ~ ,. ,-\ '::,,:1' " VS. . D'EFEND~~I:,',:.-' ': ;. " N~ME and ADDRESS IT.,.....',., .... . . ". DAIlE:Y" 'T9M!E:T.AL. '102 VIU~GlfnR:iYE ' '~ICO,C0R1>ILQBEMAR['s t!lTATE COLLEGE,PA 16803 Docket No.: cv- 0000396 - 00 Date Filed: 7/20/00 I Y" , I MICHAELS. STATELER 501 OVERLOOK COURT ETTERS, PA 17319 -.J THifISTONOTI~Y YOU THAT: ,.' Judghient:' I [!J Judgment was entered for: ((Name) i [!J Judgment was entered against: (~ame) ~ in the amount of $ FOR' nR-FRN-nA~ MTRlHlnT.1I .TOR llTIITRT.RR MTC"IURT. II 00 on: (Date of Judgment) 11/21/00 . . o Defendants are jointly and severally liable: o bamageswiUbe assessed on: (Date & Time) Amount of Judgment Subject to Attachment! Act 5 of 1996 $ Amountof Judgment" , $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney FeeS $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o This case dismissed without prejudice." o o Levy is stayed for days or 0 generally stayed. o Objection to levy has been flied and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT ARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OFTHIS NOTICE OF JUDGMENTITRANSCRIPT FORMWITH YOUR NOTICE OF APPEAL. Ct 81;21/2000 Date I certify that this is a true and correct copy of the record ofthe proceedings contain' Date , District Justice My commission expires first Monday of January, Aope 315,99 2002 SEAL I~ lilMM;I, ., -'0 '" COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM '1_ 1[>-0-0 DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT COMMON PLEAS No. OC> - ".3 '1 ~ J:'.I'irl .Q~,7I- IP' :JI'VY-\ NOTICE OF APPEAL CtblL'-r~ 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. o. ChJf~sNr~jr(. +()} CITY &l-~ STATE ij)A- Z1PM3/Q :t: ADDRESS OF APPE,aCaJr+ DATE OF J ~Gl]oo CV YEAR IN THE CASE OF (PLAINTIFF) IcJratl &. S-fdJeJer Cv - DOOO?l1tn - rn OR AGENT CLAIM NO. LT YEAR IlL . This block Will be signed ONLY when this notation is required under P 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. It appellant was Claimant (see PA R.C.P.J.P. No. 1001 (6)) in action before district Justice, he MUST FILE A COMPLAINT within Iwenly (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (,his section of form 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. PRAECIPE: To Prothonotary Enter rule upon , appellee(s), to file a complaint in this appeai Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service 01 rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To , appellee(s) Name of appel/ee(s) (1) You are notified thata.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 UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Pate: , Year Signature of Prothonotary or Deputy White - Green - Yellow Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D. J. Copy ~ TOO\~, Uhioo&PJL~Mt1f'-bj..k P\I~~ OM ~ ~,Inc.. Plath. - 76 "_''''''--'-{'>1~:'"~i&lliiIll){i;\;''I~ '-" ~'_~~'''''~'IiIlIWlM~.Jj''''~-'-~'i~~' 'W~~f'll 1ll/iI~~I_'" :.... ; 'ill- 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 affirm that I served D a copy of the Notlce of Appeal, Common Pleas No, _~. ' upon the District Justice designated therein on (date of ~ervice) , year , D by personal service D by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name .~_______._____, on " year ____, D by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. D and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon Ihe appellee(s) to whom the Rule was addressed on _~~__, year __' D by personal service 0 by (certified) (registered) mail, senders receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ___ DAY OF ____. YEAR_,_, Signature of Affiant Signature of official before whom affidavit was made My commission expires on _ , year ___.. ~R 1:. t) /-.l -t ~r ~~ ~~ ..... () ~ h '" ~ 8 I -Ccl ~ L '" Al.N 'v'INVI1'/ASNN3d .' noo OI\i'f)tBgWn~ ~ I :€ lid e I d3S 00 AIN10NOLw,',u .,.. '. "':).' .,,,,,-,,, ~Hi ~'" . .:J 1..1, . -"'~;:wJ 'vO-Q311;! . Titie of official -,-_._..., ~'..". ,"^"'-,",, -".-. ,~,,~~,,-. ,-,~ ..--''''''"=--..''', - ~ "~'" ,~,~,~. ,-" , ~.,~~ , ~.". " ----~"1"~,,~t"~:ri:,,~,,'-, __' ,'. ,r-';w,: !!l.<:":~",',,~, "", . '. '%--'~ - -" -- --. ':li-' ft ~, ~ ''''''-''''~'''''~''~ ,~<l-~""'"':tM'I''''''''"""<''--''l<_'k~,, _"'_d,"".,"',;><....., ,,-~ ~ ' r r li>"tr-"W.j" --.,.~~:- -----,-,-.r~, .,{1'll,','.,':,{I'.,..'~.;,:.'fi).',.~'.v,.i.~tf;.,..'.".: " " ~,'\!f;";" :i~::'f,r/~~"'''~';~,:.~~.'il;t:,0t;~~(of;:7,;~'';r, - ~ ;':-;~:;.'.'.'.~.-::1.'."j"",:,,',',~,,',',~,','~,',k#.':~.,..:,lliH4..,",'::~.;_~i::f5~:;:' 'ri> F "'!' ,': , ,ft<,,,,,,,,,,t" !',j, .. ';,:,!/::,\' '~~?~;"f~ilit(:~' COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS J.UDICIAL DISTRICT NOTICE OF APPEAL FROM ~_ If -DO DISTRICT JUSTICE JUDqM~liit ~ \~) ) COMMON PLEAS No, OD...., "..3 15)'" ):; i~ <L .9E.jJf' IP. ~(~'i' " t;." r ~~' ". ,,' ", _ (I ' '1':-7:: ~I 1,;f( 1;<~,f1j ;,,:1 t,; r~" ..:,...... "I'J NOTICE OF APPEAL .-, "-- I . ~ ' " ", '" .' _ . " , __ N?ti~e is gi~en. that the ".a.I?' pellam has filed in the above Court of Common Pleas an appeal from the judgment rendered byt~~, DISI"91 Justlc,~.on thed,ale and", the case mentioned below, . , ,',', CLAIM NO. t,C':"-:'!fN'THE,6;f8E"OJHPUtJNflfFF' ,,',--.~. ,-- )J1,e,hC/.i1 / 0. S-h;Ueler' Cv- DO(XX~A(P-CO MW~sNra~J;t}jJ(. Cf.f+O/ CITY f:-++e~ STATEPA- Z1Pf13N vs,;1onNiiJ(DEFE~~+ ir'* ' SIGNATURE OF APPELLANT OR HIS ATTORN' OR AGENT NA1WFAPPELLANT ,:: }II it " CtQ;[ 0.:;S;h.jde( ~to;~fl~fu1(+ DATE~f:3IM/oo L T YEAR CV YEAR . This block Will be signed ONLY when this notation is required under P 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. If appellant was Claimant (see PA R.C.P.J.P. No, 1001(6)) in action before districf Justice, he MUST FILE A COMPLAINT within twenty (20) days afterliling his NOTICE of APPEAL. . ;.Sig(l8tU[e o;"P;ofhonOfary.or DeP!1ty PR.l\ECJPETO ENTER AULE TO FILE COMPI,AINoIANDAULE TOFII,E (This section oliform to be used ONLY when appiElliant was, DEFENDANT (seepA R.C.P.J:P, No, 1001(7) in actioilbeforeDislrict Justice. IF NOT USED, detach from copy of, noHce 01 appeal 10 be serVed upon appellee, PRAECIPE: To Prothonotary I Enter rule upon . appellee(s), to file a complaint in this appeai Name of appel/ee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of Judgment of non pros. " ",*, " I ""-,--..--,, .-',' ,,,-_,t_:-,,", :,..d..' ......,.-. Signature of appellant or his attorney or agent RULE: To , appellee(s) Name of appel/ee(s) (1) You are notified that a rule is hereby entered upon you to fiie 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. If you do not file a.complaintwithin this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. . " " " . (2) (3) The date of service ofthis rule if service was by mail is the date ofthe.mailing, .. White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelanl's Copy Appellee Copy D, J, Copy Signature of Prorhanotary or Deputy ~ TOOl lx:t~, iJhi(1()&pJLf,t~Mar-ls, -.be. Y\i(t1~~ aI1c{ 41:>> Mar~,I()(. ; Year Date: Proth, - 76 ~,JJ" ,_,",,;-,_ ~ ~~~~$,jJ'~~:ii}J:.'Y{,~', 0" -,,;:,', .-.':~-;:~-~:'ir '.". 'Iii> I ",',,'_ . \~;~~~,,<;>;i;1<I'i~M4k.i"''''''.;..'';_~~W;-iMi<l>'jl''i:k'- , ^,l~,~y'~~,--'''~:'~~''"'''' .~.- I-d'".'!"""",,,-, ,"""" . PROOF OFSERVICE OF NOTICE OF APPEAL ANDRULE'fOFILE COMPLAINT (This proal 01 service MUST BE FILED WITHIN TEN (10) DAYS AFTER liling.the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C.i}Jn f3.er.< Lfln/) ; 55 AFFI DAVIT: I hereby sWear or affirm that I served ~ a copy 01 the Notice ot Appeal. Common Pleas No. on -- W, ~ 7.5 . . upon the District Justice designated therein on (date 01 serviCe)~/;;;.e,r do . year ~ooo ,P by personal service R:l,bY (certilie~)(registered) mail. sender's receipl attached hereto. and upon the appell~,Jname It!m()alfJlJi1IC() (fltpIUlhPlI1ll{+'~. J\f,!If/(iJ('()!a )f!.be);IJ1.df/.rM "QI )./f mm r d (~. year __~J::L; D by personal service~by (certifred) (registered) mail. sender's receipt attached herelo. D and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon tt:1e appellee(s) to whom the Rule was addressed on , year ____, D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. 7tj!l!tJ~ Signature of Affiant Tille of official My commission expires on , year . ~".'.. .....~.. NOTAAIALSEAL;~'~~."".,' '~fJEFFAEY N. YOFFE. NOtary~ '.,: Camp Hill BOlO, Cumberland County'"" , !I"" C_missionEx 'res. :23'2000" ,--.....:~ .. ,. , ~- , ~."" ",-- ,'~~~~"-~~-' .- -", '-1'!--"'" :';,' -" U'I: U'I M' ;T, 0 Postage $ <C tr Certified Fee nJ' , Return Receipt Fee ::T' (Endorsement Required) 0' 0: Restricted Delivery Fee 0; (Endorsement Required) 0 Total Postage & Fees $ nJ nJ ", Ii-' ~ 0 I'" , Postmark He", .fIr U 3. )ostnl Servlc" 0 CER1TFIED MAIL KEL;l:JP, (Domestic Mall Only; No Insurance Covel age Provided) hi r'i ", M ::T o <C D'" nJ n. Char/..p s /I. (!j~flJ.fftI; '33 /.t./D .;? Postage $ CertifIed Fee Postmark He", ;T o o o o nJ nJ ", tr tr o I"" Return Receipt Fee' (Endorsement Requi~d) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $d.qf "_I - U ,:. Postfli 5el \ilC/, l;ERhFIED MAIL REGEWI (Domestic Mafl Only; No Insurance Covewge Plovlded) <c' %./1) ::T o <C tr nJ 3'1 ~I 0, o nJ nJ ", tr tr o I"" Postage $ CertifIed Fee Return Receipt Fee (Endorsement Required) Restrlcted DellveJy Fee (Endorsement Requiredl Total Postage & Fees Postmark He'" I,'~:-l "-"'-';,'," _ J~L~ -,. ~~"~ i i 'I 1 ! i I ! r; , ~ " ._,-- " , ,-' b PETERS & W ASILEFSKI By: Brian C. Caffrey, Esqnire Attorney ID #42667 2931 North Front Street Harrisburg, PA 17110 Attorney for Defendants MICHAEL S. STATELER, Plaintiff IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY, PENNSYLVANIA vs. VALVOLINE INSTANT OIL CHANGE, UNICO CORPORATION, LUBE MARTS, INC., THE VALVOLINE COMPANY ASHLAND INC., Defendants CIVIL ACTION - LAW No. 00-6375 Civil Term NOTICE TO PLEAD TO: ALL PARTIES AND THEIR COUNSEL YOU ARE REQUIRED to plead to the within Answer with New Matter within twenty (20) days of service hereof, or a default judgment may be entered against you. PETERS & W ASILEFSKI rian C. Caffrey Attorney ill #42667 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorney for Defendants Dated: e:2 -- ;:20- 0 ( e -. ^--,-, .-L. ,- ,,' _; ~ ~i- , .__0 e'i " PETERS & W ASILEFSKI By: Brian C. Caffrey, Esqnire Attorney ID #42667 2931 North Front Street Harrisbnrg, P A 17110 Attorney for Defendants MICHAEL S. STATELER, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA vs. VALVOLINE INSTANT OIL CHANGE, UNICO CORPORATION, LUBE MARTS, INC., THE VALVOLINE COMPANY ASHLAND INC., Defendants CIVIL ACTION - LAW No. 00-6375 Civil Term ANSWER WITH NEW MATTER OF DEFENDANTS. VALVOLINE INSTANT OIL CHANGE. THE VALVOLINE COMPANY AND ASHLAND INC. TO PLAINTIFF'S COMPLAINT NOW COME, Defendants, Valvoline Instant Oil Change, The Valvoline Company and Ashland Inc. (referred to collectively as "Valvoline"), by and through their attorneys, Peters & Wasilefski, and answer Plaintiff's Complaint as follows: 1. Defendants, Valvoline, deny the allegations contained in Paragraph 1 of Plaintiff's Complaint. After reasonable investigation, said Defendants -J~'-~, '""" ,"-j, ,--_L_,__" ,-." ,o. -,,--, ".~~""~t. are without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further response, said Defendants deny said allegations pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 2. It is denied both that Valvoline Instant Oil Change has a place of business at 1409 Market Street, Camp Hill, Pennsylvania 17011 and that it is a franchise owned by UNICO Corporation and Lube Marts, Inc. By way of further answer, UNICO Corporation and Lube Marts, Inc. have a place of business at 1409 Market Street, Camp Hill, Pennsylvania 17011. Valvoline Instant Oil Change is a division of Ashland Inc. 3. After reasonable investigation, Defendants, Valvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegations, and the allegations are therefore denied. 4. It is denied that Valvoline Instant Oil Change is a division of The Valvoline Company. By way of further answer, Valvo line Instant Oil Change Company is a division of Ashland Inc. 5. Defendants, Valvoline, admit the allegations contained in Paragraph 5 of Plaintiff's Complaint. 6. Denied as stated. By way of further answer, The Valvoline Company is a division of Ashland Inc. It is admitted that The Valvoline Company's mailing address is P. O. Box 14000, Lexington, Kentucky 40512. 2 "'" "1 7. Denied as stated. The Valvoline Company is a division of Ashland Inc. 8. Admitted. 9. After reasonable investigation, Defendants, Valvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. 10. After reasonable investigation, Defendants, Valvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. II. After reasonable investigation, Defendants, Valvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. 12. After reasonable investigation, Defendants, Valvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. 13. After reasonable investigation, Defendants, Valvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. 14. After reasonable investigation, Defendants, Valvoline, are 3 . ,~-, ' .~ "i , I I I I , without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. 15. After reasonable investigation, Defendants, V alvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. 16. After reasonable investigation, Defendants, Valvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. 17. After reasonable investigation, Defendants, Valvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. 18. After reasonable investigation, Defendants, Valvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. COUNT I - NEGLIGENCE 19. Defendants, Valvoline, incorporate their answers as contained in Paragraphs 1 through 18 above as if fully rewritten herein in response to Paragraph 19 of Plaintiff's Complaint. 4 ~ '=- ,. " " ~-" > --<"~--.$"' '-"-""""'~-"'k, 20. After reasonable investigation, Defendants, Valvoline, are without knowledge or information sufficient to form a belief as to the truth of said allegation, and the allegation is therefore denied. 21. Paragraph 21 sets forth a conclusion oflaw, to which no answer is required. To the extent any answer is required, it is denied that Valvoline Instant Oil Change Company, The Valvoline Company and Ashland Inc. are vicariously and/or directly reliable for any negligence on the part of any of the workers, agents or employees identified in Plaintiffs Complaint. WHEREFORE, Defendants, Valvoline, demand that Plaintiffs Complaint be dismissed. COUNT II - BREACH OF CONTRACT 22. Defendants, Valvoline, incorporate their answers as contained in Paragraphs 1 through 21 above as if fully rewritten herein in response to Paragraph 22 of Plaintiff's Complaint. 23. Paragraph 23 sets forth a conclusion of law, to which no answer is required. To the extent any answer is required, the allegation is denied. 24. Paragraph 24 sets forth a conclusion of law, to which no 5 "" -." " ~- < ",--'-"" ~' .' " ~'"-'~~.; answer is required. To the extent any answer is required, the allegation is denied. WHEREFORE, Defendants, Valvoline, demand that Plaintiff's Complaint be dismissed. NEW MATTER 25. All of Plaintiff's damages are as a direct and proximate result of Plaintiff, Michael S. Stateler's, own negligence, carelessness and recklessness as follows: (a) in failing to advise and/or disclose to Defendants, Lube Marts, on February 19, 2000, that his 1990 Jeep Wrangler did not possess the original 1990 manufacturer's engine for said vehicle; (b) in failing to inform Defendants, Lube Marts, on February 19,2000 of the unique specifications and requirements of the replacement engine in his 1990 Jeep Wrangler, when he knew or should have known the replacement engine required different servicing and/or parts than the manufacturer's 1990 Jeep Wrangler engine; (c) in failing to request, and ensure he received, a V045 oil filter for his engine on February 19, 2000 when he knew or should have known his replacement engine required a V045 oil filter and/or that the manufacturer's 1990 Jeep Wrangler engine required a V035 oil filter; 6 . (d) in failing to properly review and/or object to the service invoice on February 19, 2000 which indicated a V03S oil filter was replaced; and (e) in improperly and inappropriately approving and accepting the use of the V03S oil filter on February 19,2000 when he knew or should have known his remanufactured engine was different than a 1990 Jeep Wrangler manufacturer's engine, and required a V04S oil filter. 26. All or a part of Plaintiff's alleged damages are barred by operation of the Comparative Negligence Act. 27. Plaintiff assumed the risk of injury and/or damage to his vehicle and/or engine on February 19,2000 by accepting a V03S oil filter and/or operating his vehicle and/or engine with a V03S oil filter when he knew or should have known his replacement engine required a V04S oil filter. 28. Plaintiff s Complaint fails to properly allege sufficient facts to establish that Defendants had any duty or responsibility to Plaintiff or that any duty was breached. 29. Plaintiff's Complaint fails to allege a viable negligence and/or viable breach of contract cause of action against Defendants pursuant to the facts and circumstances of this case. 30. Plaintiff's own negligence was the sole substantial factor in causing Plaintiff's alleged injuries and damages. 7 ~'"-~ ~-, "- -- .~ --, - . , ." .. ,''-~' _'_l' '-c_,_ "",- .,-.;.'~----,I 31. No contract exists and/or is enforceable between Plaintiff and any of Defendants, Valvoline, for the February 19,2000 service. WHEREFORE, Defendants, Valvoline, demand that Plaintiff's Complaint be dismissed. PETERS & W ASILEFSKI i C. Caffrey Attorney ID #42667 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorney for Defendants Dated: ;2 - :;20 ~O ( 8 ". . ~-". . ..l FEB 20 2001 11:18 FR ASHLAND INC LAW DEPT59 357 7147 TO 917172387750 FEB-L9-01 MON 10;55 AM PETERS Ii. WASILEFSKI FAX NO. 7172387750 P.04 p, 05/15 VERIFl.f.;AI!ON I hereby affirm [hat the following faCts are ~O'reeL: Valvolil1e Instant Oil Change is a Defendant ill the foregoing action and 1 am authorizod to execute this veritlcation on theIr behalf. The a.t~'ched Answer with New Maltor is based Upon information which I have furnished to InY counsel and information which has been galhered hy my 0011n5=1 in preparation of the defense of the lawsuit. 'rhe langtlage of the Answer with New Maller is thal of counsel and 1I0t of me. I have read the Answer with New MaHer and 10 the CKlent that tho:: Answer with New Ma Iter is bMed upon infOlnlation which I have given to Iny counsel, it is true CIlld COITect to the best. afmy knowledge. inConllation and belief. To the ext~nt tIlat the COil tent of the Answcr with New Matter is that of counsel, I have relied upon COUl15Cl in making l!lis verificalion. I bereby acknowledge that the fact!; set forth in the aforesaid Answer witll New Matler Are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unSworn faloiricatiol1 to IIUlhorities, cJ. l)ateu: ~"""$/<o/ ** TOTAL PAGE.04 ** , . J- ~ FEB 20 2001 11:18 FR ASHLAND INC LAW DEPT59 357 7147 TO 917172387750 FEB-19-01 I10N 10:54 11M PETERS & W11SILEFSKI FAX NO, 7172387750 P.02 p, 03/15 l'ERIFlCA,TION I hereby ,lffil1n thaI the following facts are correct: A.~hland Inc. is :1 Dcfendant in the foregoing action ~nd I ant a\lthorized to execute thiS verification on their behalf. Thc attached Answer with New Matter is based upon information which I have furnished [0 my counsel and information which has been gathered by my counsel in prcparatiOl\ of the defense of the lawsuit. The languagc ortlle Answer with Now Maller is Ihat of cQunsel ami not of me. r have read the Answer with New Maller and to tile extent lhat the AnSWer with New Matter is based upon information which I have given to my c(llInsel, it is Iruc and correct to the best of my knowledge. information and belief. To the extent lhat the content of the Answer witb New Matter Is that of counsel, I have relied upcm counsel in making this verit1catiOll. r hereby l\cknowledgc lhat the facts ~et forth in the aforesaid Answcr with New Malter are ll1ade~ubject to the penalties of 18 Pa. C.S. Section 4904 relating fO \msworn Msiflcatiall to authorities. Daleu: ;I~1.. 'p#if4 ::f;t'. ~1~1~ FEB 20 2001 11:18 FR ASHL8ND INC LAW DEPT59 857 7147 TO 917172887750 FEB-IS-Ol t".oN 10:55 1\11 paTERS & WASILEFSKI FAX NO. 7172387750 ~ ' " ~ _0' "" . < ~" P.08 p, 04/15 Y~RrFIC;ATION: r hereby afrirm th~t I,he following facts ar", ~Orl'ect: The Valvo line Cnmpany i~ a J:)erendant in the foregoing action and I am authorized to execute this verification on their behalf. The attached Answer with New Matter is baseclllpon i11fonnation which r have furnished 10 my coullsel and information whieh has heen gathered by my counsel in prel'ardrion or lhe defense of the laWS!lit. The language of the Answer with Ntw Maller is that of counsel alld not of me. I have rea.cl the Answor with New Maller aM [0 the extent Ihllt the Answer with New Matter is based upon intol'mntion which I have given to my counsel, it is tme ami correct to the best of my knowledge, information and belief. To lb.e extent that the content of the Answer with New Matter is that of counsel, 1 have relied upon counsel in making this verification. I hereby acknowledge thaI the facts Set torlh in the aforesaid Allswer with New Malter lo.rC made subject to the penalties of 18 Pa. e.S. Sectiun4904 relating to unsworn falsification to authorities. 1JIr 1'~~~rM", ~ff)Y~u' Dated:...v~1 , ~ , ~ '. ,- '"' - . ~ - , ," .~ CERTIFICATE OF SERVICE This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices of Peters & Wasilefski, have this ~~ day o~~\,~~ ,2001, served a true and ~ correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, V ALVOLINE INSTANT OIL CHANGE, THE V ALVOLINE COMPANY AND ASHLAND INC., TO PLAINTIFF'S COMPLAINT upon all parties by depositing same in the United States mail, first class, postage prepaid, addressed to the counsel of record as follows: Jeffrey N. Yoffe, Esquire YOFFE & YOFFE, P.C. Suite 203 214 Senate Avenue Camp Hill, PA 17011 (Counsel for Plaintiff) ~~ ~ ~~.~"- Pamela 1. Crum - ~ ' . MICHAE~ s. STATELER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-6375 CIVIL TERM VALVOLINE INSTANT OIL CHANGE UNICO CORPORATION LUBE MARTS, INC. THE VA~VOLINE COMPANY ASHLAND, INC. CIVIL ACTION - LAW RESPONSE OF MICHAEL S. STATELER TO NEW MATTER OF DEFENDANTS 25. It is denied Stateler was at all negligent. (a) Denied. Stateler previously had his vehicle competently serviced at Defendants place of business on October 2, 1999 and December 18, 1999. See Exhibit "A" of previously filed response to new matter (incorporated herein by reference) for receipts. Immediately prior to the October 2, 1999 servicing, Stateler specifically told the Defendants that he had a 1992 engine in his 1990 car. At the October 2, 1999 servicing, Stateler was presented with an ID card attached as Exhibit "B" of previously filed response to new matter (incorporated herein by reference) and was told by Defendants that his information would be kept in Defendants records and would be accessed every time Stateler brought in his vehicle. The same number on said card is on Stateler's car door for everyone to see. On December 18, 1999 Stateler presented his card to Defendants and the correct V045 filter was installed. On February 19, 2000 Stateler again presented his card to Defendants which is the same as advising Defendants of the type of oil filter which is required. This is evidenced by Defendants own computer generated receipts from October 2, 1999 and December 18, 1999 which note (in the second column, middle of the page) that Stateler's vehicle receives a V045 filter. (b) Denied. Stateler incorporates by reference his response to paragraph 25(a). (c) Denied. Via submitting his card and Defendants that Stateler's in reliance upon representations of unique vehicle requirements were stored in Defendants records, Stateler did request that he receive a V045 filter. Stateler incorporates by reference his response to paragraph 25(a). (d) It is Denied that Stateler has any duty to review his invoice for the purpose of determining whether the correct oil filter is put into his vehicle. It is the responsibility of Defendants to put the correct filter into the vehicle. (e) It is denied that Stateler ever approved the V035 filter other than to pick up the car when servicing was complete and drive it off the lot. Stateler had no duty to approve the V035 filter and Stateler was reasonable in assuming that the Defendants competently placed the proper filter into his vehicle. 26. It is denied that Stateler was comparatively negligent. 27. It is denied that Stateler assumed the risk of injury and/or damage to his vehicle and/or engine. Stateler had no duty to approve the V035 filter and Stateler was reasonable in assuming that the Defendants competently placed the proper filter into his vehicle. 28. Denied. The complaint does allege facts sufficient to establish Lube Marts is liable to Stateler for damages by way of having a duty to Stateler and then breaching that Duty. ~..- - . ' _' I L ~" k' 29. Denied. The complaint does allege viable negligence and breach of contract causes of action against Lube Marts. 30. For the reasons set forth in paragraphs 25 and 27 above (and incorporated herein), Stateler was not negligent. 31. Denied. For the reasons set forth in the complaint there was a contract between the parties and no alleged mistake, misunderstanding or non-disclosure serves to remove the existence of a contract from this case. WHEREFORE, Michael S. Stateler requests judgment in his favor in accordance with the complaint filed in this case. YaFFE & YaFFE, P.C. . YOFF , ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 stateler\response2 ~~ ~ - ......."'4J~.,-"'JiiIlIll<ili:,~l.l~.:&iW~.ll~I,iI!;Js!ll~...-.!""')"''''ll~'*:>lli~ .. .. "'f~ .'~~ ..,,^-~ f ..I"l'p ~ " 1IIiIiIIIlIl"~ (, Q 0 0 C_ '?: 'I :x -o,Q-J .". ''f"" 5PnJ ;:v --'-'-; "n '''.--:::::: J'" , Zij:- ._,",,"T1 (no. .. N ~i~ -<2: r:::O )';; -0 .C _. <5:D Z 0 -~ -0 20 )>c: w eyrn Z ?5 ~ D (",) -< M I, ,,~ .il MICHAEL S. STATELER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00-6375 CIVIL TERM VALVOLINE INSTANT OIL CHANGE UNICO CORPORATION LUBE MARTS, INC. THE VALVOLINE COMPANY ASHLAND, INC. CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served a true and correct copy of the foregoing Response to New Matter on Brian C. Caffrey, Esquire. Service was accomplished by depositing the same in the United States Mail, first class, postage prepaid and addressed as follows: Brian C. Caffrey, Esquire 2931 North Front Street Harrisburg, PA 17110 Date: 3/9/01 R N. YaFFE, ESQUIRE torney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 stateler\certsvc2 I I - " . , ,..1,,, ""',, ,~. _-'< -,-. h', MICHAEL S. ST~TELER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00-6375 CIVIL TERM VALVOLINE INSTANT OIL CHANGE UNICO CORPORATION LUBE MARTS, INC. THE VALVOLINE COMPANY ASHLAND, INC. CIVIL ACTION - LAW VERIFICATION I hereby state that I am an adult individual who is authorized to ~: i :1 make this verification and that the facts set forth in the foregoing response to new matter are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. 54904 relating to unsworn falsification to authorities. Dated: G, M"R.~\ ~ MICHAEL S. STATELER ~ [~I . ' . MICHAEL S. STATELER, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA vs. VALVOLINE INSTANT OIL CHANGE, UNICO CORPORATION, LUBE lV~RTS, INC., THE VALVOLlNE COMPANY ASHLAND, INC., Defendants CIVIL ACTION - LAW No. 00-6375 Civil Term PRAECIPE TO THE PROTHONOTARY, CUMBERLAND COUNTY, PA: Please mark this matter settled, ended and discontinued. YOFFE & YOFFE Dated: 'i5/d.;J JOI By: tk~#t;J?/ Q.effrey N. offe Attorney ID#52933 Suite 203 214 Senate Avenue Camp Hill, PA 17011 [717] 975-1838 Attorney for Plaintiff '""''''11 . CERTIFICATE OF SERVICE This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices of Peters & Wasilefski, have this 'd.d.. day Of~~ , 2001, served a true and ~ correct copy of the foregoing PRAECIPE upon all parties by depositing same in the United States mail, first class, postage prepaid, addressed to the counsel of record as follows: Jeffrey N. Yoffe, Esquire YOFFE & YOFFE, P.C. Suite 203 214 Senate Avenue Camp Hill, PA 17011 (Counsel for Plaintiff) ~~~~~ Pamela J. Crum ~~~"1 ~....' '. iIiIlW~lMlIiit~,.,~iI~j'tt~ , ~- ..~ .~~, -~-.' ^ (I<i!il~ D1!i~'" _c_ iii "" .. ,. , , 0 c:._! C:.: :~'~ :po "0 1.'L mr:-j (,---') Z:T ~':~~~, l'~.) -:::.'::"- c.,' r;:; -- w-O <- ~~. C: ~~ :~~ " >- ;:--::; :z ~ J::- ::<1 , ~D en ~; ''l