The URL can be used to link to this page

Home My WebLink About01-1458 FX ,-" '< ,',' ~", .''-' ".;,.' , -';~"', ~';,'-,,";' '-'-,-~, , - .. JAMES D. FLOWER JOHN E. SLIlrn ROBERT c. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR CAROLJ. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L HITCHINGS THOMAS E. FLOWER LAW OFFICES SAlOIS, SHUFF, FLOWER & LINOSA Y A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, J;'ENNSYLV ANIA 17011 TELEPHONE: (717) 737-~405 - FACSIMILE: (717) 737-3407 EMAIL: attorriey@ssfl-Iaw.com CARLISLE OFFICE: 26 W. HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL September 17,2001 Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 Re: Arbitration Award Foust v, Cohen Civil Action No, 01-1458 Dear Prothonotary Long: Attached hereto please find the Award of Arbitrators in the referenced case. Please note that the case was decided by only two arbitrators, since Christopher Marzzacco did not show up for the arbitration, However, the parties agreed for the case to be heard by the two arbitrators. Please make the checks payable to the arbitrators as follows: For Richard McCoy, payable to Richard McCov - SS# 182-1Q~9225 For Geoffrey S. Shuff, payable iOSaidis, Shuff, Flower & Lindsay - EIN#25-1694606 Of course, please call with any questions or if you require anything further. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY GSS/ksn Enclosure '~lW~~_<!!!!i;!!l~,~_~",~"~,~1 =' - j, 'IIIliiIIl "-',-. C~NWEA~M O' PENNSYLVANIA COURT O. COMMON PLEAS NOTICE OF APPEAL fROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. of- Jl/~J> NOTICE OF APPEAL C;u;tT~ Notice is given that the appellant has filed in the above Court of Camman Pleas an appeal from the judgment rendered by the District Justice on the dote and in the cose mentioned bel"", NAME Of A.PfEUANf /,47/l/'tk F ADDIESS Of APPElU\NT errv ~;~OR(?;~ME:~ ~ STATE ZP CODE 2.-/ -0 / UAIM NO. vs. SIGNATURE OF APPEllANT 0 HIS A N o A CV~ <!ton!:, y 1J- g Cl> LT 19 This block will be signed ONLY when this notation is required under 10088. This Notice of Appeol, when received by the District Justice, will operate as a SUPERSEDEAS ta the judgment far possession in this case SigMture of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.GP.JP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20 I 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 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 appelleel. PRAECIPE: To Prothonotary Enter rule upon rtJ U5 ~ ~ M Jflf /,( ;-I , appellee(s), to file 0 complaint in this appeal Name of appeIfee(s) (Common Pleos No.t'J/- ILI.C;P Gr.>d )-~) within twenty (20) days after service of rule or suffer entry of judgment of non pro~ ~ ~..?C'L~-- "" Signature appetIant or his attorney or agent RULE: To ;0 l/41J ~fr7,1f/t L/ dppell..(s). , Name 01 s) (1) You are notified that a rule is hereby entered upon you 10 file a complaint in this appeol within twenty (20) doys after the dote of _vice of this rule upon you by personal service or by certified or registered mail (2) If you do not file 0 complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU (3) The dote of service of this rule if service was by mail is the dote of mailing ~ Dote:fYl'::lQr-J.. .q ,-r!~/ '- ..arv... '" 2 7p~fA .'.(- . . .' '\'.-"".- -\ '. /,' .,.-~ -...; ,""': AOPC312-84 COURT FILE TO BE FILED WITH PROTHONOTARY i~iMbiiililiii~iii1i<:;-k"~i"~:,:",,,fi''''lO,",_*/.,ft~~~~~!~''cl'>(f'!i>lI1i4;\,,,,,,,\,.';'c-,""'""Ah'''~'';',i":h::,,,.~.;,,,o''''MII$Jrjt,!1~riillilDflfflll!j.fiiil!\.im~~'if;~~~:~!\I.l ~l\rlMk~Ili.~ ':"~~'",-'- ~~~i .rt:~~~ ~.. PI~OOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT CQMMONWi:ALTH OF PENNSYlVANIA (This proof of service MUST BE FILED WiTHIN TEN (10) DA YS AFTER fillnq the notice of appeal, Check applicable boxes) e'OllNTV OF, ; .. Jli,FIFIDA VIT: J hereby swear or affirm ttlatl served a copy of the Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on (date of service) __ 0 by personal service 0 by (certified) (registered) maii, sender's receipt allached hereto, and upon th" appellee, (name) , on , 19__ by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19_~ 0 by personal service by (certified) (registered) mail, sender's recHipt attached hen:~to, SWORN (AFFIFIMED) AND SUBSCRIBED BEFORE ME THIS _____ DAY OF _.19_._ Signature of affiant Signature of ':)f'ticial before whom affidavit was made Tills of official My commission oxpires on ,19__ p F (::l r.r ~ ~ ~ i9. ~I ,vt ~ ~ g ?--> I I I 11 ,~ I ~' ("I, i ~ "'- (;\ ~ ",J f" -., 6' l" ;E IV '- ---. "" ~",,"'~ ,.",~."~,, ~'" . ''''','"" " ,~. ,. ,~, ~h ' ~ '" (") ~ ;;RUJ z9j laS;, ~e s ~8 ~ c ~ ;;:0 9, ;:{i;!: -orn ;:.t;:!,o '~l. ~~ 6:i:J ,;?,'(J c5f1'1 j;! ~ - (..) "l> ~ t.,) -. c .:::- ~-"~-_:.:!""",,,.....,_, '--0- _.....~ CQ!;l4MONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag) Disl. ND.: 09-1-02 OJ Name: HOIl ROBERT Y. MANLOVE Add,,", 1901 STATE STREET CAMP HILL, PA re'e,h'", (717) 761- 0583 17011-0000 PATRICK E. COHEN 40 EISENHOWER BLVD DUNCANNON, PA 17020 THIS IS TO NOTIFY YOU THAT: Judgment: , . j ~ "" !. ,~ I l~ NOTICE OF JUDGMENT/TRANSCRIPT CIVil CASE PLAINTIFF: NAME and ADDRESS !POUST, In, MERLE H I 216 SPRING LN ENOLA, PA 17025 L ~ VS. DEFENDANT: NAME and ADDRESS 'cOHEN, PATRICK E 40 EISENHOWER BLVD DUNCANNON, PA 17020 L Docket No.: CY- 0000433 - 00 Date Filed: 11/30/00 I ~ Judgment was entered for: F()TT~rp, FOR PI.ATN'I'IFF ~ ~ (Name) Judgment was entered against: (Name) COHF.N in the amount of $ R71 <;0 on: D Oefendants are jointly and severally liable. D Oamages will be assessed on: D This case dismissed without prejudice. D D D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or D generally stayed. Objection to levy has been filed and hearing will be held: Oate: Place: Time: TTT. MF.RT.F. H PATRTCK R (Oate of Judgment) 2/12/01 . . (Oate & Time) Amount of Judgment $ 800.00 Judgment Costs $ 73.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 873.50 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 OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF T S E JUD I C T F M WITH YOUFj, NOTICE OF APPEAL ;{-I~-Ol Oate I certify that this is a true '-' - leA 0) Oate My commission expires first Monday of January, AOPC 315-99 ;o'"j '!- ;", ,,', ,,:!\';:6ilstrict Justice , '~', '-::. t 2006 droceedings cbntai~hg1RejQGgmerit. .. i ~ ~ ..., "i. ' " -,,' ~ '. ~\ '..' ';"~;n~t ju~tl~e . . . . ~. < \.0 '" ~ ""'I" .~, ~ ..,~~~ r\.~ "'S'EAL ,'_ ~l?,7" ~~!\~~," .1..,.'tr!!l;"<Y~llli'j~,-;"" ., . '!Ie"'" . 'CCI',/1MONWEAL TH OF PENNSYLVANIA COUNTY OF: CmffiERLAND 09-1-02 NOTICE OF JUDGMIENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'cOHEN, PATRICK E I 40 EISENHOWER BLVD DUNCANNON, PA 17020 L ~ Mag, Disl. No.: OJ Name: Hon. ROBERT V. MANLOVE Add"" 1901 'STATE STREET CAMP HILL, PA VS. '" ,. ....' " ."<, .., , T"'ph"" (717) 761c0583 17011- 0000 DEFENDANT: NAME and ADDRESS 'FOUST, III, MERLE H 216 SPRING LN ENOLA, PA 17025 L" I PATRICK E.. COHEN 40'EISENlIOWER BLVD DUNCANNON.', PA 17020 Docket No.: CV-0000433-00 Date Filed: 1/02/01 CROSS COMPLAINT 001 ~ ~- ~ .~"". ~'l " nils IS TO NO~IFY YOU THAT: -- ''C''''-'-JOdgment: FOR -DEFFlNJlANT-' [iJ Judgment was entered for: (Name) FnTT!lT. TTT. MRRT.R H [iJ Judgment was entered against: (Name) COHF.1I1, P1t.'I'RTCK R in the amount of $ 00 on: (Oate of Judgment) 2/12/01 , D Oefendants are jointly and severally liable. D Oamages will be assessed on: (Date & Time) Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney I:ees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D This case dismissed without prejudice, D D D Levy is stayed for days or D generally stayed, Objection to levy has been filed and hearing will be held: , Date: -- , Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUSTINCLUDE ACOPY OF T~E JUD I C T F M WITH YOUR NOTICE OF APPEAL. ~. -I~ vI. Date . ../"'[; .,O,istrict Justice gs containing:the judgme>nt . ~ - I;;l.- 01 Oate , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL .1 " < - .~ ~ " ~"<i~ MERLE H. FOUST, III, PLAINTIFF IN THE COURT OF CONMON PLEAS OF Cw~!BERLAND COUNTY, PENNSYLVANIA v. NO. 01-1458 CIVIL i.~ 2001 PATRICK E. COHEN, DEFENDANT RULE 1312-1, The Petition, for Appointment of Arbitrators shall be substant~ally in the following form: PETITION FOR APPOIN111ENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John J. Mangan , counsel for the plaintiff/crefenrrrrnr 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 $ 1.918.00 The counterclaim of the defendant in the action is $1,746.99 The following attorneys are interested in the wise disqualified to sit as arbitrators: case(s) as counselor are other- The law firm of Boswell, Tintner, Piccola & Wickersham WHEREFORE, your petitioner prays your Honorable Court to appoint chree (3) arbitrators to whom the case shall be submitted. ORDER OF COURT AND "'.QIAU oPS/ . ..dti in """","Ci" of .M :::~o: p;:;;;ff';;l~. "~:;;"""d "",,"'0"' above-captioned act~on (or actions) as prayed for. Respectfully submitteci, j~ I ~!~. P. J. ~iMiii~UIIliJ.$bmk1liiliml;,i8t\ll1>il:.i!;;t.~~j~W,"1cl"k;I",,;m,id"''''&'Ark'"ilJ''''llii'b''Ai>f;li~~iI'/IiIIi''''''"= ~'"' _ > ~ '~fl<."'l>OO~~"-'-"" - ~'.-..- ~- 0 c \ c ~ ~ ::;:: L- """0 ,-.-~ c: nlr~.' -,...- Z:x.-; ~ Z" N --~S ~ ~~~- ~C (~; ~ ;';:0 --:1 -,C::- =\~~ ~ \ 6t-. .-.,. ('~~i~ ~ >'C: .!::"' , Z -I ~ "- =<! ?o ~ ,.0 -<: ~ ~ 'vlNV/\l,l,SNt~3d }.j,NnCO n\~L':n~q2if\lnJ C' 7' U"[' \" Oq :01 t~~ ::;v hll U 'C ='0 , ~ ~,c. ,".l~'k'_~'=~" ~~ ,","", . -~<~..- ,'~ ,',",.'~". <c'~,.. ,~ :'~~~i;Vi~~,7~~~.f(:~t:~~:~~'~,:~,~~~~~f~:N{'r~~~::~,y,~~~~~,~,fl,~;~~~~~i:~~~~t;-1:~,~(r:,~:i;',;~j;U?,~'~,~~~,..~~:'-.i""..'..",n COMMONWEALTM~F'~E..liiftLVA"IAC NOTICE OF A/lPEAL . " '," ';".,'-' """,',: ,'":,, COU.itt OF: CDMMOM PLEAS "'- ...., <t-- 'J FROM JUDICIAL DISTRICT DISTRICT JUSTICE.lUDGMENT COMMoN PLEAS No. 6/-1'1[;; NOTICIEOFAPPEAL , /J' , -r:::: t..IU'( /<<:141' I Notice is gi~ that the.appellant ijis filed in the above Court of Common Pleas an appeal from the judgme~t rendered by th~ District Justice on the dote andio the case mentioned yew. ' ' ~ APPaLANT, 'MAG. D1ST., NO. OR'NAME Of OJ, ' .1l7/z /(1(" If (',,##"4/ 0 'l - CJ I. 0 ~ ADDRESS OF'APPELlANT STATE "YO I::/.f,~/V ~~;.:.,.,:",f.. 4(1/V' /",4- DATE Of A.OGMENT IN Z - /2 -eJ J Q.AJM NO ZIP CODE 'IS. SIGNATURE Of APPB.I.ANT o .cv ~ooGlIt .,:1J.... qO, LT 19 '~"'Tfljs blockw.llbe signedQ~kY wijen this ilotatibn is required under 10088;, ..... . '.'.'..', ......, ..... .., T~is. NQtic~;\.ofAppe\lI.lNIjen,"l'c~ved by the District Justice, will operate as a SUPERSEDEAS ta t~,: judgnj~nHd; pOSsession' in this cdse. ;e d2'::~7 If appellant was . CLAIMANT (see Pa. R.CP.JP. No. 1001 (6) in'action before District Justice; he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPt=AL Signaturepf Prothon0tary or Deputy PRAE'CIPETOENTER!RU,LE TO FILE COMPLAINT AND RULE TO FILE "." -, ,'" '" " I' ", .- '. (This section of form lei be. ~ed ONL y wh~n appellant was DEFENDANT (see Pa. R.CPJP No. 1001 (7) in action before District Justic~. IF NOT USEDi.deta!;hfrodrcopy of nofic~ofapp~alto be s~rved upon appell~~). , '.'. PRAECIPE" 1., p",thonotary' . En"" ruleupon .' /& GI$ r-::;c:t::r:,. In Jf;( iI/.' /1 , appellee(s), to file a comploint in this appeal Nathe of appel1ee(sJ G",t'( l~) within twenty (20) days after service of rule or suffer entry of judgment of non pro~ ~,(.~~ /' SignatUre 01 .<<1/& attomey or agent ". """,', (CommonPleos No.OI ~ ILlsf RULE: To ~I)~ r, . . n j ~/H.tfll IE !tppellee{S). Name of s) . . . (1) Youa""l1Orl~,thot a rule is.hereby,er,teredupon you tafile acbnlplaint in thi,appeal within twenty (20) doys Clfi",'the;dCl.a9f service of this r\lleu~ ~ by pe?,,",,1 service '~r \>lr. certified or registered mail. . . .. ~ . . . - . ' , ' , ' ," ?\~ti~i,t~i~ this tifne, d JUDGMENT OF NoNpROS WILL BE ENTERED AGAINST YOU. . it ,<':-' ' ,:,~' ~':!.~" ;~...l.Jh'.;$..ru.'.'."','.I~'.'~.,'~,'~', "~~;"\YOS"" by mail is the dote of ~iling. n 1'4~.~';,}'\i'.'. ,",',(. '~,. '-----'~'\-L- L' "Y ",~~f ,'~: \;'\ 1;1, '.~' - . '1.1{;r-.' :'f:~~At,.>:,.,~., ,,:"0, ::;~' ; '-'::"~':'i\! ;. ~'" ,,J-~_d!") ,;').. ",' ~',,, . j. ',:,..; { ~'~'~', f;{~:"":~, ,'" ,;";' Itt',';', ~ h ,'''''-"'d~'Io';r j "~,pI. ~\ ' ',:..~:~" ,",' "~? ,(~j::::';~!f~,' ':~ ,.,.!), 1";',,-, ')! . .l\\<~,<",~,;.",,:~,. ;/"'" c:: " /~. V~~ Signature of "', Dote:. AOPC312-84 COURT FILE i1ia~i~JKfi~:i'J"J;i~"&.:'1-.{"'i'"al"~~"<,,,,,; _~,*""':""''''';;.i'',~~_,,,, .,,,..;,,.-,.-,,,.,, ,~"'''',..-...-,~~...,~_ '<' ...' ~ ~ 0....' ,[. ,_. ,-<",.. ~'. ~ _. -. ,;,,,~-.i,*',i',!~w,,,,,;.t",,,,":;:;;;f'.,...,~.:_~,<,;( '"';\i,;I'":1,,,,,,~(~*;,j,+,~~),:t*,,,",,L'":, ,.' , '''''''''''';"f;'''''''F;;,,,j,,I!t\<Hlli,\$<pi~liMlt~f~Slill~~~~~,l.J:,,'"'"'':' '~"":'~:"'" ,}.,',I),', '.''''"':. ,.~d.,i', ,. r P'ROOF 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) COMMONWI!A!L'I'H OF PENNSYLVANIA COUNTY OF. C Y,lJI dtf'lf't' /9/1/'/ .eIFFIDA vrr: I swear or affirm tl1at I served L . j 'h&vl rn a copy of the Notice at Appeal, Common Pleas No. 0 I-I 't 58' (!~ , tIpan the District Justice designated therein on {date of service) 1?l,6l~(7" I!-'l, 2Lfle>1 , i2HlY personal service jJ by (certified) ~gistered) mail, sender's receipf attached hereto, and upon the appellee, (name) ~h/ ~ /7j /--?(/;17 :1 1/ , on /I:J#.f?t/~ 2.0__ ,~t!J '- [] by personal service~ijjed) (registered) mail. sender's receipt attached hereto, [J and furtller that I served the Rule to File a Complaint accompanying tIle above Notice of Appeal upon the appellee(s) to whom tfle Rule was addressed on , 19_~ 0 by personal service 0 by (certified) (registered) rnail, sender's receipt attached hereto. SWORN (AFfiHMED) AND SUBSCRIBED BEFORE ME THIS _~,;;L:~ DAY Of . (YIt2>n~, 'I%~ \ ~""~I'-L!2 ~(Jv,'5::;; lSignature of official before whom affidavit was made ; $S ~~~~~ ~ Signatu 01 affiant ~ ::;::~i:~t My commiSSion 8xpires on Notarial Seal . . .' Public Eut !!~ 'IWD" .Cumbe llI1ll County "",,,mission E) Ires Nov. 15, 2003 Member, Pennsylvanl..AssadationOfNotar/es (') 0 C 0 '"O~ - "11 .... : 5Pm ::.:~,.. , ~ .-"it! z:e N u!"r1 W__ fi6 ", --:;0 "V 2~~(~) ~O "- ?~:f1 .~ :i>O ty 70 ~ C')FTi '0 :<! V'l :0 0\ -< ~ ~1lt1llll1I111!1J! _1_ ,_,m ".- ,".", '" , ". ->~,~ .".",,~, =_.,~ ,<'. - >-.., ~ ,LJU,J, j'''' -- ---"Iii"'''' ._~~'""'"""'_""''''''"''>1o.""""",i., ..,'. ~"'H, U1 ru U1 .J] .J] Postage $ $0.3' Cl .J] '. <0 Certified Fee I"- Return Receipt Fee ;,. r'I (Endorsement Required) Cl Restricted Delivery Fee .00 Cl (Endorsement Required) 0020 01 Postmark Here Cl Cl :0;- m Total Postage & Fees $ $~.. 7' 'I 03/20/2001 0- 0- Cl I"- Recipfent's Name (ple~e Print O,Ief!rly) (to be completed by mailer) -Str~t:/f{p~ifox-NO.If~-~-rr______-______m--------------------- 'C~'(iIPZ/&#r:mmL~mm.m.u., mmuummm ~ /# I cf z.. -~.::"., _ _,,,,,,,,,!\,\!,,',H"~' . . ,..,.-.-'. ,.',..,~ ''\;~-:-~,'''''' . .. ..,.; '..<:"' ~'I , ",;;'.,l oW' .~~, <-j ~:.- ,."}~)~ . . .. .......... ~".. . .... ....';.-. '.t . , . .. .,.....,; , ." .. '< ~ '.' -- .,' ,. ' . . . ' . . ~ '(''''' . , '_:.'-!,.,'':c." .,.... ~. " ,,~ r. ,~.....'. ..' '. ..'.",: ': -." . .1 .....f..'...... '. -"'-' , . " -" . " " ~~~ o '. .'"'d <",1_ '," ",.1'k l/JiR/Ck E. // Fal{{, -() IJ:I;) flit) (Yl~::;(' . ~ ) ) ) ) In The Court of COl:IIIIOn Pleas of . " -- YtJE/<L~ ,Cumberland Couney, Pennsylvania (!)/- /t/~8 ~o. 19 Co If EN , JJ.P-jdMd~ ell/It. ~C7/0N L4f,N ./ CArR We do solemnly swear (or affirm) thae ~e ~ill support, obey and defend t~e Coustitution of the anited States and the Constieution of this Common- ~ealth and chat we will discharge the duties or our offi , - , l L AWABD We. che undersigned arbicracors, having been duly appoinced and sworn (or aff~rmed), make che follawing award: (Note: If damages for delay are awarded, they shall be separately stated.) h~ ;rJEt<L~ II 10{,(~/) Ill) ~ Co II~AJ ) /jJ 71f~ rtMd/A/Vr ('o<;i~ 6 {2 S1A.f-l IIJ./O Af,A/NS T fJtJ r4/('!<:: . d,c. ..r f1 ()() fJ2 A At ({ .J r applicable. ) . Arbitrator, dissents. i= Date of Hearing: 1'/17 /0/ 9 /;~ /01 ~. s, " Jate of Award: :-Iona OF ENnl.Y OF AWARD , '1' , .. Now, the JI.f?hday of ~pkl"1~ award was eneered upon che dockee and parties or thei: aeto~eys. , W~l , at 9,0:3, tL.:1., che above ~oticethereof given by mail to the Arbitrators' compensation co be paid upou appeal: $ c1CJo. ac> De'!luty By: IO'd 0026+E172+LIL a~~~~o M~I U~M~I dOE:20, OO-I2-^ON --~ _........~ii1lQuid.~r~~t"~~l\;,,4l\"t'i;i;!l4!"'i!l,oIJ'"",jl,~IillJ~Jli6il5iiiitjtJ.r.'.."'"'.....il/Iii!i!.4l1Mi1lir1li'~~..'~i$Iii~l!Ill .. ~lr ,<, ,. ~ (], /0 ,f 0 J -----~-,.-.~".. :f 0 ~ 0 c;) ~ C <" U? en -005 -e. mr1C "" t .., Z::r 'u ~ zr-" :",) ~;r; .,~ it" t ~.......: ;)D" Pc Zc' .,. n )>' u::J C) C z ;" ~ -+-. =< :u ? 0 (A) -< ~ C\ "1- ~ :!:j " ,~ r> l"t- ~ Ii-) ~ ~ "" ~ >' so -.... "- \it'! ~ , ->< -" 0' _, ,~ " .. - ,j '1 'j '~, ....... . ,; ;j !! ;i '! hi il',',1 .. { !' 1'\ ~i (1 j " i I I , "' !1 II l; I: Ii , ~ ;' ~ ,~ 1'':'''- _',n,,_ MERLE H. FOUST, III, Plaintiff ': IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-1458 PATRICKE, COHEN, Defendant : CIVIL ACTION - LAW NOTICE OF HEARING i !; i: YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on the 17th day of September, 2001, at 1 :00 p,m. at the office of Saidis, Shuff, Flower & Lindsay, 2109 Market Street, Camp Hill, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and your counsel, if you so desire, , Ii I' I, H I: Ii I I 1 I I: L 'i PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF CASES, STATUTES, ETC. WITH RELEVANT PORTIONS IDGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. ANY NOTICED PERSON REQUESTING A CHANGE OF HEARING DATE MUST CONTACT ALL PERSONS As TO AN AGREEABLE DATE, PROVIDE WRITTEN NOTICE TO ALL PERSONS AND RESERVE PLACE OF HEARING. Dated: August 23,2001 cc: Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Patrick E. Cohen 40 Eisenhower Boulevard Duncannon, P A 17020 , 'I ..11 It',i -~J;. -, ,+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA COllEN, PATRICKE 40 EISENHOWER BLVD DU1>lCANNON, P A 17020 Plaintiff, vs. NO. 01-1458 CIVIL TERM FOUST, MERLE H 216 SPRING LN ENOLA, PA 17025 Defendant, COMPLAINT The Plaintiff, Patrick E Cohen, hereby makes claim for monetary relief in connection with the broken verbal sales agreement of a 1986 Ford Bronco from the defendant, Merle H Foust. 1. Plaintiff, Patrick E Cohen is a individual who was engaged in attempting to sell personal property, mainly a 1986 Ford Bronco. 2. Defendant, Merle H Foust is a individual who was engaged in purchasing a 1986 Ford Bronco from the Plaintiff by a verbal sales agreement. 3. Commencing in October 2000, plaintiff placed 1986 Ford Bronco for sale. 4. Defendant approached Plaintiff to purchase 1986 Ford Bronco for the amount of $2000.00. 5. Defendant did not have all the money at the time that he wanted to purchase the vehicle, he asked Plaintiff if he could put $1000.00 down and make payments on the remaining $1000.00. 6. Plaintiff agreed to defendant's terms with the stipulation that a lien would be placed on the title until remaining $1000.00 was paid. 7. Defendant inquired about needed repairs on vehicle and another verbal agreement was made that Defendant would supply all necessary parts for repairs and Plaintiff would supply space for repairs to occur and a third party mechanic was agreed upon by both parties to complete the repairs. 8. Defendant and Plaintiff agreed to terms of sale and verbal sales agreement was entered into. 9. Plaintiff received $1000.00 from the Defendant on or about October 17, 2000 for down payment according to verbal sales agreement. 10. Defendant was given a key to vehicle and access to begin using vehicle as he wished. 11. Defendant first cleaned interior of vehicle and removed bug shield and spare tire rack. 12. Vehicle spent 5 days in the garage from October 19, 2000 to October 23,2000, with no further work completed on vehicle, no parts were ever supplied, and vehicle was removed from garage due to lack of space needed for customer vehicles. ,"", ':~ i'i l~ " ' - I, " J_ -. .r.." Il!l.>l ':::1" ,.. 13. Defendant began to come to garage and inquire as to the status of the vehicle. 14. Plaintiff repeated told defendant that the garage was available after 6 p.rn. on weekdays, 5 p.rn. on Saturday and all day Sunday for the third party mechanic to complete repairs. 15. Defendant began to ask for money back on or about October 29, 2000 stating that repairs were not completed in a timely manner. 16. Plaintiff once again reminded Defendant of the hours that the garage was available for the third party mechanic to make repairs, he also reminded Defendant that it was his responsibility to make arrangements for the parts. 17. Defendant was reminded that there was a parts supplier next door to the garage. 18. Defendant made no further payments after the initial $1000.00 down payment. 19. Defendant began calling Plaintiff daily at his place of business demanding his money back. 20. Plaintiff told Defendant that he would not return his money due to the verbal sales agreement that they had made. 21. Plaintiff told Defendant that he was breaching the terms of the agreement and felt that under those circumstances the Defendant was owed nothing. 22. Vehicle remained in parking lot of garage in the condition that the Defendant left it until March 2001. 23. Plaintiff received no further payments from the Defendant and took possession of vehicle. 24. Plaintiffatternpted to resell 1986 Ford Bronco and began to inquire about replacement costs for the parts that Defendant had removed from vehicle. 25. The total cost for replacing the parts came to $695.00. WHEREFORE, plaintiff respectfully requests judgment against defendant for the sum of $ 1746.99 for breech of contract, replacement cost of parts, filing fees and costs. ~~ /Patrick E Cohen, ro Se Plaintiff 40 Eisenhower Blvd. Duncanoon, P A 17020 (717) 834-9003 " ..,. ., L, .1 "' .,. VE~CATION '~'"'~-~"~":'; I, Patrick E Cohen, verifY that the statements made in this Complaint are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. 4904, relating to unsworn falsification to authorities. Date: March 23,2001 '. L~~~ Patrick E Cohen, laintiff J, ,t ...' . ~ ~ Jeffrey R. Boswell, Esquire Supreme Court LD. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236,9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO. 01- flI'J8 PATRICKE. COHEN, DEFENDANT : 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 TillS 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 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 ~ I _. I ~" '. ~.. .&i:<". .. Home/jjmlcomplaints/collectionlfoust Jeffrey R. Boswell, Esquire Supreme Court J.D. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108,0741 (717) 236,9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. PATRICKE. COHEN, DEFENDANT : CIVIL ACTION - LAW COMPLAINT Plaintiff, Merle H. Foust, III, by his attorneys, Jeffrey R. Boswell, Esq., and Boswell, Tintner, Piccola & Wickersham, presents his Complaint against Defendant Patrick E. Cohen, as follows: 1. Plaintiff, Merle H. Foust, III, is an adult individual residing at 216 R Spring Lane, Eno1a, Pennsylvania 17025. 2. Defendant, Patrick E. Cohen, is an adult individual residing at 40 Eisenhower Boulevard, Duncannon, Pennsylvania 17020. 3. On or about October 16, 2000, Plaintiff Merle H. Foust, III contacted Defendant Patrick E. Cohen to discuss the purchase of Defendant's 1986 Ford Bronco. .~ " ~" 1< 1..' " )~ 4. Mechanic Gary Walker then inspected the vehicle to ascertain whether the vehicle was in safe operating condition and produced a list of repairs that would be required in order to pass inspection. 5. Defendant was requesting a purchase price of two thousand dollars ($2,000.00) for the vehicle. 6, Thereafter, on October 16, 2000, Plaintiff and Defendant entered into discussions whereas Plaintiff would pay for all of the parts required to bring the vehicle into a safe operating condition and Defendant would pay for the labor to install the parts. After the vehicle would be brought up to a safe operating condition, Plaintiff would pay Defendant the purchase price of two thousand dollars. 7. Defendant was informed by Plaintiffthat time was of the essence as the vehicle was required to transport Plaintiff to a new occupation starting the following Monday and Defendant agreed to this time frame. 8. Also on October 16, 2000, Defendant requested from Plaintiff an advance on the purchase price. 9. On or about October 17, 2000, Plaintiff issued a check to Defendant in an amount of $790.00 and issued a check for $210.00 to Mr. Walker, which was subsequently signed over to Defendant. 10. A few days later, Plaintiff gave Mr. Walker the money that was required for the purchase ofthe parts to bring the vehicle into a safe operating condition, bought cleaning supplies in the amount of twenty dollars ($20.00) and spent approximately eight hours [services rendered -2- - ~- I .. .. Jl:' " totals forty eight dollars ($48.00 or eight hours multiplied by six dollars per hour)] detailing and cleaning the vehicle in anticipation of purchasing the vehicle. II. On or about October 23,2000, the date that Defendant had agreed to have the vehicle in safe operating condition, Plaintiff was informed that the vehicle had not been worked on and not in safe operating condition. Thereafter, Plaintiff informed Defendant to have the vehicle in safe operating condition by the end of the week. 12, On or about October 28,2000, Plaintiff was again informed that the vehicle was not in safe operating condition. Plaintiff then requested that Defendant return Plaintiffs $1,000.00 as Plaintiff needed the money to put towards another vehicle to transport him to work. Defendant refused to comply with the request and stated that he did not have the original $1,000.00 anymore and Plaintiff would have to wait until Defendant sold the vehicle to someone else to receive the $1,000.00. 13. Plaintiff was absent from his new job for three weeks because Defendant breached the agreement with Plaintiffby not furnishing a vehicle in safe operating condition by the time frame agreed to. Plaintiffhas been damaged in the amount of eight hundred and fifty dollars ($850.00) for the time absent from work. 14. Plaintiff contacted Mr, Walker for the return ofthe money for the parts to be installed in the vehicle and Mr. Walker fully complied and returned the money to Plaintiff. 15, Plaintiff has contacted Defendant many times to request payment for the $1000.00 that is due and owing Plaintiff, Plaintiff has even attempted to arrange payment plans with Defendant, but Defendant has continuously refused to pay anything. -3- ~""" , " ,- , WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor and against Defendant for the $1,000.00 owed Plaintiff, compensation in the amount of$850.00 for the three weeks that Plaintiff missed work, compensation in the amount of $20.00 for the cleaning supplies and compensation in the amount of $48.00 for the eight hours spent cleaning the vehicle, plus interest, for a total of$I,918.00 which, amount is less than the compulsory arbitration limit for the Cumberland County Court of Common Pleas. Count I Breach of Contract 16. Paragraphs 1-15 are incorporated herein as if set forth in full. 17. Despite Defendant's obligation to convey the 1986 Ford Bronco to Plaintiff in a safe operating condition within a specified time frame, and despite Plaintiff's repeated demands for such performance, Defendant has failed to perform and has furthermore refused to return the advanced money, from which Defendant has benefitted. 18. Defendant's failure to convey the 1986 Ford Bronco to Plaintiff in a safe operating condition within a specified time frame and Defendant's refusal to return the money tendered by Plaintiff is a breach of contract between the parties. 19. Defendant's breach of contract has damaged Plaintiff in the amount of$ 1,918.00 for Defendant's failure to convey the 1986 Ford Bronco to Plaintiff in a safe operating condition within a specified time frame and Defendant's refusal to return the money tendered by Plaintiff. -4- -- ~l.<= I" _ .L,,'-~~ , ""'"' ilIiIKh 1.' ~' WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor and against Defendant for the $1,000.00 owed Plaintiff, compensation in the amount of$850.00 for the three weeks that Plaintiff missed work, compensation in the amount of$20.00 for the cleaning supplies and compensation in the amount of $48.00 for the eight hours spent cleaning the vehicle, plus interest, for a total of$I,918.00 which amount is less than the compulsory arbitration limit for the Cumberland County Court of Common Pleas. Count II Unjust Enrichment 20. Paragraphs 1 through 19 are incorporated herein as if set forth in full. 21. The reasonable value of the money and services Plaintiff has conferred upon Defendant equals $1,068.00. 22. Plaintiff provided an advance of$I,OOO.OO and provided supplies and services in the amount of$68,00 to Defendant. . 23. Defendant has utilized the advance of $1 ,000.00, supplies and services in the nature of spending eight hours detailing and cleaning Defendant's vehicle, to further his own interests and Defendant has wrongfully refused to return the advanced money nor pay for the supplies and services. 24. Defendant has been unjustly enriched in the amount of$I,068.00 at the expense of Plaintiff. 25. Injustice will result if recovery is denied. -5- ~ ~""~~ .llilI~" , , """l~~' t' ( WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor and against Defendant for the $1,000.00 owed Plaintiff, compensation in the amount of$850.00 for the three weeks that Plaintiff missed work, compensation in the amount of$20.00 for the cleaning supplies and compensation in the amount of $48.00 for the eight hours spent cleaning the vehicle, plus interest, for a total of$I,918.00 which amount is less than the compulsory arbitration limit for the Cumberland County Court of Common Pleas. Count III Promissory Estonnel 26. Paragraphs I through 25 are incorporated herein as if set forth in full. 27. Defendant promised to convey the 1986 Ford Bronco in a safe operating condition within a specified time frame and induced Plaintiff to advance $1,000.00 and perform detailing and cleaning services to the vehicle in anticipation of the transaction. 28. Plaintiff has fully performed all of its obligations owed to Defendant and has been injured in the amount of$I,918.00. 29. It was reasonable for Defendant to expect that his promise to convey the 1986 Ford Bronco in a safe operating condition within a specified time frame would induce Plaintiffto advance $1,000.00 and perform detailing and cleaning services to the vehicle in anticipation of the transaction. 30. Plaintiff relied on Defendant's promise to convey the vehicle in a safe operating condition within a specified time frame, and Plaintiff more than fully performed. -6- ~j'1 ,. II I' 3 L Defendant has benefitted at Plaintiff's expense by failing to return the $1,000.00 nor paying for the supplies and services that Plaintiff performed in anticipation of the transaction. 32. Injustice will result if Defendant's failure to return the $1,000.00, pay for the three weeks' absence from Plaintiff s job and pay for the supplies and services that Plaintiff performed in anticipation of the transaction is not enforced. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor and against Defendant for the $1,000.00 owed Plaintiff, compensation in the amount of$850.00 for the three weeks that Plaintiff missed work, compensation in the amount of $20.00 for the cleaning supplies and compensation in the amount of$48.00 for the eight hours spent cleaning the vehicle, plus interest, for a total of$1 ,918.00 which amount is less than the compulsory arbitration limit for the Cumberland County Court of Common Pleas. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: ~ ,1 - qUf;~~ll, Esquire Attorney for Plaintiff Merle H, Foust, ill DATE: ~ 1012-00 I -7- :- , , ~' -' 1t;llillllil&.~W~" , . - '1 ~ Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. PATRICKE. COHEN, DEFENDANT : CIVIL ACTION - LAW VERIFICATION I, Merle H. Foust, Plaintiff, hereby verify that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subjectto the penalties ofl8 Pa.C,S,A. g4904 relating to unsworn falsification to authorities. /)'Wv. 111L MERLE H. FODS DATE: AffJ.. 101200/ -'1., ., " ft. (I .. Jeffrey R. Boswell, Esquire Supreme Court LD. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 3 I 5 N. Front Street PO Box 741 Harrisburg, PA 17108,0741 (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. PATRICKE. COHEN, DEFENDANT : NO. : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, John 1. Mangan, do hereby certify that I have served a true and correct copy of the Complaint on the following: Patrick E. Cohen 40 Eisenhower Boulevard Duncannon, Pennsylvania 17020 Method of Service: v/ First class mail Certified mail Other BOSWELL, TlNTNER, PICCOLA & WICKERSHAM By: &r> -,--_..... DATE: if ~()IO ! ~!1iit...ilill&~'l\/(l.W.W't,liMllt~~~ic.aurii1i'}~:";&jlb,~=",,"..;,;,,illt1;,'ilii"'OOi!!!il\ffif~~~~:'"'"'imilSl_"""';'~""""iiiJ_"'" . ! J ." .^- ~ _... .1~_~~ "i: '. () C) () c ~~:: "I ~, "'" v ~ -j " m [.!' :;,~) Z .~- ;::: ~~-' en -, , r:: ?~ :i.:;r... t'~~ ::r 5= ~=~ cO , , Z :::.::; "'-,1 :~.) 'j~ -< --J -< ~ ~ .. . ... Jeffrey R. Boswell, Esquire Supreme Court LD. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-1458 PATRICKE. COHEN, DEFENDANT : CIVIL ACTION - LAW CERTIFICATE OF NOTIFICATION I, Jeffrey R Boswell, Esquire, do hereby certify that! served the Defendant Patrick E. Cohen with the Notice of Intent to Take Default Judgment, sending same by first-class mail, postage prepaid to the following address: Patrick E. Cohen 40 Eisenhower Boulevard Duncannon, Pennsylvania 17020 A copy of said Notice is attached hereto. BOSWELL, TINTNER, PICCOLA & WICKERSHAM BY:~ ey R Boswell, Esquire Date: June 01, 2001 __1" . c,", .j-~,;I..';,':. OJ"' ,>h- , 'L.~ "; .",-_' ;"","~:-."",; r....,':'e' '_~ +,~ ,"<'" . .' - ~ Home\jjm~itig\jrb\foust.cohen.ten.day ., ,"'" . Jeffrey R. Boswell, Esquire Supreme Court LD. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM i 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-1458 PATRICKE. COHEN, DEFENDANT : CIVIL ACTION - LAW TO: Patrick E. Cohen 40 Eisenhower Boulevard Duncannon, Pennsylvania 17020 DATE OF NOTICE: June 01, 2001 You are in default because you have failed to file a response to the Complaint in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue the Plaintiff and thereby lose property or other important rights. You should take this notice to a lawyer at once, If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: ~ Jef . Boswell, Esquire Attorneys for Plaintiff Date: June 01, 2001 ,0; ...' " ".;iiIiii~...'~...;- .'" hliiiilj"' . )l!~~~~~ifl7 1"1 L 'Iiiia~_ " ,',," . g 0 0 -''1 :!: r_ .,--1 ~OJ c:: :~'~~~ ' m z .,~ I ~I2t13 ~~ ,-;:;6 ;.::.0 " :r::g i~ ::It ()o :z: r:- om ~ ~ 00 '-< - ',.., ~ " "" 1,- " ..,- " ~ '" .'-'. "',; - ~. . Patrick K Cohen 40 Eisenhow!>r Blvd. Duncannon, P A 17020 (717) 834-9003 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MERLE H. FOUST, ill, PLANTIFF v. : NO. 01-1458 PATRICKE. COHEN, DEFENDANT : ClVll, ACTION- LAW DEFENDANTS ANSWER TO PLANTIFF'S COMPLAINT Defendant Patrick K Cohen, hereby responds to the Plaintiff's Complaint in the above captioned matter as follows, I. Admitted 2. Admitted 3. Admitted 4. Denied. Plaintiff was given a list of repairs needed by Defendant and Mr. Walker (mechanic) confirmed. 5. Admitted 6. Denied. Plaintifl'was to pay for parts. Defendant was to pay Mr. Walker for his labor after vehicle was fixed. Plaintiff was to arrange for Mr. Walker to do repairs during off-hours (after 6 p.m. weekdays, after 4 p.m. Saturdays, and all day Sunday) Plaintiff was to contact Defendant to use shop during those hours. 7. Denied. Plaintiff did say that he needed vehicle soon, but it was up to him when it would get done within the hours previously specified. 8. Denied. Plaintiff was to put half down and make bi-weekly payments on balance. Plaintiff was also to meet with Defendant the following Saturday at Worley Motors in Enola to do notary work and apply lien to the title. 9. Admitted ~' ~ I~ ," , , WHEREFORE, Defendant respectfully requests that this court deny judgment for Plaintiff due to misleading and false statements on the Plaintiffs part and Plaintiffs breach of contract was solely based on his inability to arrange for vehicle repairs to be made in a matter of time that was satisfactory to the Plaintiff. Defendant did live up to his end of the contract by providing access to the vehicle and avai1ability to himself for Plaintiff to make repairs. """'='~ "-"' @j.- ~- ". " , Count! Breach of Contract 16. Denied. The avennents of Paragraph 16 are legal conclusions to which no response of pleading is required. 17. Denied. Defendants obligation was to provide space for Plaintiff and his mechanic during hours specified in paragraph 6 of complaint. Plaintiff did not fulfill his obligation therefore resulting in default by Plaintiff. 18. Denied. The avennents of Paragraph 18 are legal conclusion to which no response of pl!l8ding is required. 19. Denied. The avennents of Paragraph 19 are legal conclusion to which no response of pleading is required. WHEREFORE, Defendant respectfully requests that this court deny judgment for Plaintiff due to misleading and false statements on the Plaintiffs part and Plaintiffs br!l8ch of contract was solely based on his inability to arrange for vehicle repairs to be made in a matter of time that was satisfactory to the Plaintiff Defendant did liv!> up to his end of the contract by providing access to the vehicle and availability to himself for Plaintiff to make repairs. Count n Uniust Enrichment 20. D!>nied. The avennents of paragraph 20 are legal conclusions to which no response of pleading is required. 21. Denied. Plaintiff conferred $1000.00 to Defendant per contract for downpayment. 22. Denied. Plaintiff conferred $1000.00 to Defendant per contract for downpayment. The additional $68.00 for cl!l8ning supplies and services from the Plaintiff were from his decision to clean the vehicle. 23. Denied. Plaintiff received $1000.00 as per contract for the downpayment on the vehicle. The additional $68.00 for cleaning supplies and services from the Plaintiff were from his decision to clean the ~ ~ I ~' l , vehicle. Defendant did not ask Plaintiff to do this and did not agree to reimburse Plaintiff for supplies or time that he spent cleaning th!> vehicl!> that he pu~chased. The vehicle was bought as it was, no further arrangements were made for anything. 24. Denied. The averment of paragraph 24 are legal conclusions to which no response of pi !lading is required. 25. Denied. The averment of paragraph 25 are legal conclusions to which no response of pleading is required. WHEREFORE, Defendant respectfully requests that this court deny judgment for Plaintiff due to misleading and false statements on the Plaintiffs part and Plaintiffs br!lach of contract was solely based on his inability to arrange for vehicle repairs to be made in a matter of time that was satisfactory to the Plaintiff. Defendant did live up to his end of the contract by providing access to the vehicle and availability to himself for Plaintiff to make repairs. Count m PromissorY Estoooel 26. Denied. The averment of paragraph 26 are legal conclusions to which no response of pleading is required. 27. Denied. Defendant did convey 1986 Ford Bronco upon receiving $1000.00 downpayment from Plaintiff. Cleaning of vehicle including supplies and Plaintiff's time were done at the sol!> discretion of the Plaintiff. No agreements were made to convey the vehicle in safe operating condition, it was up to the Plaintiff to have repairs done by his mechanic upon requesting shop time from the Defendant. No shop time was ever requested. 28. Denied. Plaintiff has not performed his obligations to obtain parts, make repairs, or make further payments. 29. Denied. The averment of paragraph 29 are legal conclusions to which no response of pleading is required. 30. Denied. The averments of paragraph 30 are legal conclusions to which no response of pleading is required. ,f, ,,,'I c'A ,i- ' ~-,,- - . -"-. -~ ' ~; 31. Denied. The avennents of paragra~h 31 are legal conclusions to which no respens!> of pleading is required. 32. Denied. The avennents of paragraph 32 are legal conclusion to which no response of pleading is required. WHEREFORE, Defendant respectfully requests that this court deny judgment for Plaintiff due to misleading and false statements on the Plaintiffs part and Plaintiffs breach of contract was solely based on his inability to arrange for vehicle repairs to be made in a matter of time that was satisfactory to the Plaintiff. Defendant did live up to his end of the contract by providing access to the vehicl!> and availability to himself for Plaintiff to make repairs. RESPECTFULLY SUBMITTED, B~~~~ Patrick E. Cohen, Pro Se Defendant Date: June 11, 200 I -~ I,,,, ~ , "-, "',,~ ". '" , Patrick E. Cohen 40 Eisenhower Blvd. Duncannon, P A 17020 (717) 834.9003 MERLE H. FOUST, III, PLANTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01.1458 : CIVlL ACTION. LAW vi. PATRICK E. COHEN, DEFENDANT VERIFlCATION I, Patrick E. Cohen, Defendant, hereby v!>rify that the facts contained in the foregoing response are true and correct to the best of my knowledge, infurmation and belief I understand that false statements herein are subject to the penalties of 18 Pa. C.s.A. 4904 relating to unsworn falsification to authorities. ~~ , PATRICKE. COHEN Date: June 11, 2001 .; ~ " _0'_ .j. > Patrick E. Cohen 40 Eisenhower Blvd. Duncannon, PA 17020 (717) 834-9003 MERLE H. FOUST, ill, PLANTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vii. : NO. 01-1458 PATRICKE. COHEN, DEFENDANT : CIVIL ACTION- LAW CERTIFICATION OF SERVICE I, Patrick E. Cohen, Pro Se Defendant do hereby certify that I have served a true and correct copy of the response to complaint on the following: Merle H. Foust. ill C/O Jeffrey R. Boswell, Esquire BOSWELL, TITNER, PICCOLA & WICKERSHAM 315 North Front Street Harrisburg, PA 17108 Method of Service: First class mail _ Certified mail ;L Other BY:~~. ;v Patrick E. Cohen, Pro Se Defendant Date: June 11, 2001 , ,~' '" ':", c::tlii:!j~"!ll!hi\!flj;fui!lWll~I!;~I~,-];;;,,,hj""'OO!l;tilll'O!l~lim!!I!it,~t!#';d;Jill!:w',;&;,,t;:--i'it, ;l';'V",'<I,fj-l>liM~"';W""'i'~",~r.Il!l'li!AAIlIlIlGlll\lf~:iIlliS'Ih' i!!:!llsllkil~id UUlffillli mill ,~" ~ ,e=,. ,__~ ~< ,"".. " ~ ~-~ [) ~ -0--'- It.... r{1 <'[J.;' <~ 0)~. FS..,,;:::' ~-r) 2'" ~o :;:;0 ~ :::! ~~", < C> - o -1-, (- fi - - "~ ~r-' ~'h;;;J _,-,r:.., i'.:~? _::::;0 ,~1~, :r; : ) J'1 2'(') C5f'q g '" '<:' :3;: - -, I'\} -- ~ .",-",.\. , . ,"~ ",-<,,'. 1-> ... ,tI'''' Patrick E. Cohen 40 Eisenhower Blvd. Duncannon, P A 17020 (717) 834-9003 PATRICKE. COHEN, PLANTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-1458 MERLE H. FOUST, m, DEFENDANT : CIVIL ACTION - LAW CERTIFICATION OF NOTIFICATION I, Patrick E. Cohen, do hereby certifY that I served the Defendant Merle H. Foust ill with the Notice to Take Default Judgment, by way of Jeffrey R Boswell, Esquir!>, counsel for Defendant by way of personal delivery at the following address: Jeftl-ey R Boswell, Esquire BOSWELL, TITNER, PICCOLA & WICKERSHAM 315 North Front Street Harrisburg, PA 17108 A copy of said Notice is attached hereto. B~~~ Patrick E. Cohen, Pro Se Plaintiff' Date: June 11, 2001 ~~ ~ ;, ,"," , '- ' "'I .' > . Patrick E. Cohen 40 Eisenhow!lr Blvd. Duncannon, P A 17020 (717) 834-9003 Pro Se Plaintiff PATRICKE. COHEN, PLANTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-1458 MERLE H. FOUST, III, DEFENDANT : CIVIL ACTION - LAW TO: Merle B. Foust, ill C/O Jeffrey R. BosweU, Esquire BOSWELL, TITNER, PICCOLA & WICKERSHAM 315 Nortb Front Street Harrisburg, PA 17108 DATE OF NOTICE: June 11,2001 You are in default because you have failed to file a response to the Complaint in this case. Unless you act within ten days from the date of this notice, a,judgment may be entered against you without a hearing and you may lose your right to sue the Plaintiff ahd thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a laWY!lr or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County LaWY!lr Referral Services 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 BY:~=~ ", Patrick E. Cohen, Pro Se Plaintiff Date: June 11, 2001 .. ~i!i~~~!!;;~'Illi...~~,~lif<\~~d;:i.:M;"e~I..;:~:l>IJ;1trttl'Ii~iJ;;,,&rdij,,~(cl~ifIji,~~..~~;r' ~"'"~~~"""~ ..,"",<" >~,"""""" ,,,,",- ~,",~ .' ".~, "," , .~~~ ., , , ~ (') ,C:: s: [Reo Zrn ;>>=!l &]t;:. ;:$"::;''' I'"e-- ~ j -2:..0 ""0 ;;> , ~ ':< 1\,) rl,) :"~ ~~. <.. .~ . c o -q .::-;:J f-:i~~ {2:! ,. fll (~=~J <~) ~~ Ofn b! 5.J -< - ~ - - -0 ~ - ~~ !I , ',,". ~ '-'" " , '.". J'__ _'""<"",~'__'",,,",,,, ",^~,__ ~;,I'..~':"., ''::< ~":;"'_'"..,c" , 'f ',',L', ~,"~"""c,__'~'~i(';,,'i,~ ""' -} .:<<., "o!;,,; ,,';; ,'" '~'", :''''<~;;:';';).\ii';&,;';; A"~,="';, ,,__, '. , , . '''~'j Homeljjm/\responses.answers\foust.answer , , ~ffrey R. Boswell, Esquire Supreme Court LD. #25444 BOSWELL, TIN1NER, PICCOLA & WICKERSHAM . 3 I 5 N. Front Street POBox 741 Harrisburg, P A 17108,0741 (717) 236-9377 Attorneys for Plaintiff .. MERLE H. FOUST, III, PLAINTIFF :. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. PATRICKE. COHEN, DEFENDANT : NO. 01-1458 : CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S COMPLAINT Plaintiff, Merle H, Foust, III, by his attorney, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola and Wickersham, presents his Answer to Defendant's Complaintl, as follows: L Admitted, 2. Denied as stated. Plaintiff and Defendant entered into discussions whereas Plaintiffwould pay for all of the parts required to bring said vehicle into safe operating condition and Defendant would pay for the labor to install the parts. After the vehicle would be brought up to a safe operating condition, Plaintiff would pay Defendant the purchase price of two thousand dollars. 3, Denied, Plaintiff is without sufficient knowledge or information as to ascertain the truth of when Mr. Cohen placed the Ford Bronco for sale, 4. Admitted, 1The instant action is an appeal from a District Justice award filed by Patrick E. Cohen, who was the Defendant at the District Justice leveL Plaintiff Merle H. Foust filed a timely complaint against Patrick E. Cohen, Patrick E, Cohen also filed a pleading labeled "Complaint", which technically should have been labeled "Counterclaim" against Merle H. Foust. Both Mr. Foust's and Mr. Cohen's complaints are docketed under the same number, so there is no need for consolidation. Mr. Cohen filed his "complaint" with this Honorable Court but has failed to in any way serve, much less properly serve, Mr. Foust with said "complaint". Mr. Cohen's "complaint" did not include a notice to plead nor proof of service, After counsel for Mr. Foust received a ten day notice to plead from Mr. Cohen, counsel went to this Honorable Court and personally retrieved a copy of what Mr, Cohen filed as a "complaint". , "," '".",<,,''' '4~~~ <." ; ~" ~'~;':"I,;"F." ,~. ~ "';'-'" ," .. "~ ," ~ ,~< ,~, ",",' ,";',' ,.,,{. " ,__.;.' ,,,",,-,,""h"''''.''' ". ;'~.-,o ; ;,." ;,J: ,',;,.;';',;,.-~::,,'~"\-'"'' .. t 5. Denied. Plaintiff Merle Foust was to pay the purchase price of two thousand dollars after the necessary repairs were made to the vehicle so that the vehicle would pass inspection, However, Defendant Cohen requested an advance in the amount of one thousand dollars on the purchase price, which Plaintiff Foust complied with. 6. Denied, Plaintiff is without information or knowledge as to ascertain the truth of the matter asserted. 7, Denied as stated, Plaintiff Foust was to pay for, and did pay for, all necessary parts to bring the vehicle in question up to a safe operating condition. Defendant Cohen was under the obligation to pay for the labor to install the parts and make sure the labor was accomplished in a timely manner. 8. Denied. Plaintiff Foust incorporates herein by reference the averments set forth in his Complaint. 9. Admitted in part and Denied in part, Admitted that Defendant Cohen received one thousand dollars on or about October 17, 2000. Denied that said money was a down payment according to a verbal sales agreement, as the money was requested by Defendant Cohen as an advancement on the purchase price. 10. Admitted in part and Denied in part. Admitted that Plaintiff Foust was given a key to said vehicle, Denied that Plaintiff Foust could begin using the vehicle as he wished, as the vehicle needed necessary repairs to bring the vehicle into a safe operating condition, 11. Admitted with clarification. Plaintiff Foust did clean the vehicle and only removed the bug shield and spare tire rack with the assistance and supervision of Defendant Cohen. 2 ","&:,"i~~,; ;' lj l;~ , lJ q "1 .'~ :l (l , , i.J , j :.J ',1 !; , :'J ;~ i ',1 I :! , J " , I 'J I , 'J ".', . ,~ '""' , > " , ~- -",".-- - ~'''"'l~';''.'''''l,;~'~",~,-, ',' ;" '--'e,.. "","",C ,~:,":<'C. ~",.. ", ~~~,~" "C-d." "';__,1.',' -'-Cv,J''''~'''''''''' ~, ',"I,,,,;)~', .,,,,, ", '," "~.,'~ , 12. Admitted in part and Denied in part. Admitted that no work was completed on the vehicle, as it was Defendant Cohen's obligation to see that the vehicle was brought into a safe operating condition. Denied that no parts were ever supplied, as Plaintiff Foust fully complied with his obligation to pay for the necessary parts and Plaintiff is without information or knowledge as to why the vehicle was removed from the garage. 13. Admitted. Plaintiff incorporates herein by reference the averments set forth in his Complaint. 14, Admitted. Plaintiff incorporates herein by reference the averments set forth in his Complaint. 15, Admitted, Plaintiff incorporates herein by reference the averments set forth in his Complaint. 16. Denied. Plaintiff incorporates herein by reference the averments set forth in this Answer and in his Complaint. 17, Denied. Plaintiff is without information or belief to ascertain the truth of the matter "! '" ,,; I) , I' ~~ , '~ asserted. By way of further answer, Plaintiff avers that he fully complied with his obligation to pay for the necessary parts. 18. Admitted. 19, Admitted. 20. Denied. After Plaintiff Foust demanded his money back, Defendant Cohen refused to comply with the request because Defendant Cohen did not have the original $1,000.00 anymore and Plaintiff Foust would have to wait until Defendant Cohen sold the vehicle to someone else to receive the $1,000.00. 21, Denied. Plaintiff incorporates herein by reference the averments set forth in his Complaint. 3 "~I"~ ':.1',,-< '.' ""'4 ,~,' 'd'" ,...::.", '-'~"'-,~ ^""'.'" "~" "lkW" -.~ ",~ 'i" ~~"W' J ,,~~., '., ,C_ . '" ''''b'. ,j,' .".,.,:'-'~ ,L;''';; "'~'n.", ',c '\;"_\. "J",~'~;'; ~'" ,\.," -' ,,' , . ";",,,',,:.-,,,",~,~. ,,' ", - t 22. Denied. Plaintiff Foust is without information or knowledge as to the averment set forth. 23. Admitted in part and Denied in part. Admitted that Defendant Cohen received no further payments and Denied that the vehicle ever le~ the possession of Defendant Cohen. 24. Denied. Plaintiff Foust is without information or belief as to ascertain the truth of the matter asserted, 25, Denied. Plaintiff Foust is without information or belief as to ascertain the truth ofthe matter asserted. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's Counterclaim erroneously labeled "Complaint"and enter judgment in Plaintiff Foust's favor as prayed for in Plaintiff Foust's Complaint. J .1 ! ',1 Respectfully Submitted, BOSWELL, TINTNER, PICCOLA & WICKERSHAM DATE: 0" hi (O! By: C<--r\...--. J. Mangan, squire preme Court LD. 87000 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania171 08-0741 (717) 236-9377 4 "' H"''''O~ ". '" ,',',',- ~.~,,,,,,',,. 'f.;",;;,,"~..l',,""," , ":'. ,"~", ""~ ',~'~'''' :r "' , ",'r~ ," 'o",~;"",,",",'" _'~,,,',;,,,,:,,,,-,, "~','.~,,,:,~_.- "~';'~""", '>~"'" , I I 1 ATTORNEY VERIFICATION I, John I Mangan, Esquire, hereby verifY that the facts contained in the foregoing Plaintiff s Answer to Defendant's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa,C.S.A. 94904 relating to unsworn falsification to authorities. J",I_~~ 1 :J [I ',I 1 j Date: VlR/:U/O/ f , "" "'" ,.,-- rc ""',' H '~'~, '<' ....' ',,~ --,-,> ,'~,~ I " " ';; , ~"> '". """> '''" '.. ---- ",~ '~'" ^":'~; C.:>","" ~,'-" ,~,;;;~, ;;;;";: : ,"~:- " .. , .. , ,OC,',-".,,_ -"~' '.. .,- ~- . . CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiff s Answer to Defendant's Complaint by placing the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Patrick E. Cohen, Pro Se Defendant 40 Eisenhower Boulevard Duncannon, P A 17020 (717) 834-9003 Date: U(P!ZI(eJ( ~~~- Jor; . Mangan, squire '~~ Iil_~'"' I'.. ';h^~ ~~~",-~" ik.h.tililljl'lIlM' t,; ".', ""'""'" ~"~",",;.' , -'v ,'~ " i" '" . ""' "' K o G < -or0 (1"\1",1 Z::';..' 7\"' (j) )~: -=< /, r;:.c ~f; :PC: ~ - "," ~^ ~=~I ~~'" ", -' ~o ", c:~ r'>-..) c-- :".')' r~ ~~,\ ,,:~ , co -< I-i. 'v<& ,