HomeMy WebLinkAbout01-03431
COMMONWEALTH OF PENNSYLVANIA
(OURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 01 - j 1(.) I C';u~L Y ~
c
NOTICE OF APPEAL
Norice is gi'lell that the appellant has filed in the above Court of Cammon Pleas an appeal fram the judgment rendered by the District Justice on the
date and in the case mentioned belov<
NAME OF APPELlANT
QTY
NLO\lE
LJDR~~uR6>
PPtSTA'"
ZIPCQDE
l>>.TE OF JlDGMENT
~N:\
IN THE CASE OF (Plaintiff)
'ST.
P llWfLL
\ c:x.".- 0 \
\l OL1 3
(DeIendsnt)
eN
vs. NAGdc
SIGNATURE OF APPB.lANT OR HIS ATTORNEY
OAL.t"
AGENT
ClAIM
CV 12
LT 19
This block will be signed ONLY when this notafion is required urider Po. R.cP.JP. No.
10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment far passes~on in this case.
<'JJl.,
Signature of Prothonotary or Deputy
If app 71ant 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 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.CP.JP, No, 1001(7) in action before District Justice,
IF NOT USED, def1JCh from copy 01 notice 01 appeal to be seNed upon appellee).
PRAECIPE: To Prothonotary
Enter rule upan P /) wc:u.. L }.(J\ 12.. ~ I\J , appellee{s), to file a complaint in this appeal
rvame of app<lIlee(s)
(Common Pleas No. t"JI - .~4.~ I ~ <.>;1 "7'=~) within twei1ty (20) days after service of rule or s ffer, ry of judgment of non pro~
of appeI/ant or his attomey or agent
RULE: To
Q" ual- ~ \/ ARf~
.. Name of '/fJe(s)
, appellee!s).
(1) You are nofified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upan you by personal service or by certified or registered mail
(2) ~ you do not file a complaint withip this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if ,<<vice was by mail is thE; date of mailing.
Date:.Jl.u.le.- ~ ,~OJ .. ---- /2,~. p 7?;~~
AOPC 31i-84
COURT FILE TO BE FILED WITH PROTHONOTARY
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPl,AINT
(ThiS proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeaf, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; S.
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of Appeal, Common Pleas No, , upon the District Justice desl'loated therein 00
(date of service) , 0 by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) ; on
, 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto,
o 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 0 by (certified) (registered)
mail, sender's receipt attached hereto,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ___ DAY OF
, 19_
Signature of affiant
Signature of officja! before whom affidavit was mads
Title ofoifif:::ial
My commiasion expires on
. 19_
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., - COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-1-02
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
!POWELL, KAREN I
173 SCHOOLHOUSE RD
PALMYRA, PA 17078
Mag. Disl No
DJ Name: Hon.
ROBERT V. MANLOVE
Add"" 1901 STATE STREET
CAMP HILL, PA
L
-.J
VS.
To"phOC", (717) 761-0583
17011-0000
DEFENDANT: NAME and ADDRESS
'NAGLE, DALE
100 S FRONT ST
WORMLEYSBURG, PA 17043
L
Docket No,: CV-0000106-01
Date Filed: 4/02/01
I
DALE NAGLE
100 S FRONT ST
WORMLEYSBURG, PA 17043
.J
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THIS IS TO NOTIFY YOU THA,:
Judgment: FOR PI.AINTTFF
[!] Judgment was entered tor: (Name) POWRLL, JrillRRlIT
[!] Judgment was entered against: (Name) NilIGr.F. DALF.
in the amount of $
?',OR1 RR on:
(Date of Judgment)
<; /07/01
. .
D Defendants are jointly and severally liable,
D Damages will be assessed on:
D This case dismissed without prejudice,
(Date & Time)
D Amount of Judgment SUbject to
AttachmenVAct 5 of 1996 $
Amount of Judgment $ 2,000.00
Judgment Costs $ 81. 88
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 2 , 081. 88
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
D
o
Levy is stayed for
days or 0 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 DA YS 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~E JUD / C T F M WITH YOUR NOTIC~.OF APPEAL.
5 7- or Date 1l..'C;..:",'Distri~tJUstice
I certify that this is a true
5,' 7- 0 I Date
-:-
ceedings:contafhing.the judgment.
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My commission expires first Monday of January,
2006
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,AOPC 315-99
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NOTICE OF APPEAL
COM_NWEALTH OF PENNSYLVANIA
COURT OF COM_N PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
CoM_NPLEASNo. C~i . .:'-1)1 Ciu:( r....'T8u'11
NOTICE OF APPEAL
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 belov<
MAG D1ST. NO. OR NAME OF OJ.
~TE OF JUDGMENT
(;.L(;
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o\rc\ ~T . L.)DR.MLk"-l'S~\.lR&
IN THE CASe OF (Plaintiff)
r 6weLL\.( k!l..f rJ
OTY
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P ,STATE
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ZIP CODE
II 0L13
ClAIM NO.
vs
SIGNATURE OF APPELLANT
(Defendant)
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HIS ATTORNEY OR AGENT
CV 12
LT 19
This block will be signed ONLY when this notofion is required under Po. R.c.P.J.P: No.
1008B.
This Notice of Appeal, when received by *he District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
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Signature of Prothonotary or Deputy
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
tiling his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form 10 be used ONLY when appellant was DEFENDANT (see Pa, R.C.P.JP, No. 1001(7) in action before District Jus/ice,
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
e () wdL '~ liA rl" e t>J , appellee(s), to file a,complaint in this appeal
. ,ame of appellee(s)
(?/l"';( '/E:/.!..nJ) within twenty (20) days after ser 'ce of rule or s fie ry of judgment of non pros.
(Common Pleas No. 01 - 3421
RULE: To
f~lJJa.l.- , l/.t8..J.N
.. Name of ap{Je11oe( s)
of appellant or his attorney or agent
. appellee(s).
(1) You are notified ,that a rule is herebyenlered upon you 10 file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by per,?!,~lservice,or by certified or registered maiL
"".~,,);,'s~'-:":\\::: \"1\, .
(2) If you do no!A~l~~.ai~;~il,i;;ri~\h!f;time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU,
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(3) The date,~~~e oflhi"ul,e ifs""Yf~j::~ by mail is the date of mailing., .
Date:.JIANE- ii; ;~j~, :{$'!~; ___ A~ _ 2. Cyyy,-- .,' '...', . .' .. r ,'.,~..,. . .' .
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPL.AINT
(This proof of service MUST BE FILED WfTHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applic;,ble baxes)
COMMONWEALTH OF PENNSYLVANIA
( Ji'A~~r..-A-NO
COUNTY OF
; S$
AFFIDAVIT: I hereby swear or affirm that I served
I/(a copy of the Notice of ApPl'al, pommon Pleas No, (')1 ~ :>J13 t, , upon the District Justice desiqnated therein on
(date of service) ~l!5{J;.1 , ~y personal service by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) ..____ , on
~.. .. ,4"..=1...-.0 by personal service 0 by (certified) (registered) mail, sender's receip': attached hereto,
Jlf and further that I served the RUle to Fii~ a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Ruie was addressed on c;,.\ \1.. ;1lJD-L... by personal service l)'fly (certified) (registered)
sender's attaohed hereto, ft-
SWORN (~FJ~RMED) AND SU, BS,G, RiB, ED BEFORE ME ,-!J4J-, ", /
THIS &~ OF-S::[~< ^t! , 19...22D \ _ ,'-.., ,
~~ Signature of affiant
'. .Complete items 1, 2, and 3. Also complete
Jtem 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
D. Is delivery address di rent from item 1?
If YES, enter delivery address below:
o Agent
o Addressee
DYes
o No
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3. Service Type
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4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number (COpy from service label)
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ps- Form 3811, July 1 999 Dom~stic Return Receipt
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102595-00-M.0952
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Karen Powell, Plaintiff,
vs. Dale Nagle dlb/a
Alliance Computers,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 01-3431 CIVIL TERM
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 HA VB 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
Telephone: 717-249-3166
800-990-9108
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Karen Powell, Plaintiff,
vs. Dale Nagle dlb/a
Alliance Computers,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-3431 CIVIL TERM
COMPLAINT
NEGLIGENCE
AND NOW, comes Karen Powell (hereinafter "Plaintiff'), and makes the
following complaint:
1. Plaintiff is an adult woman now residing at 173 School
House Road, Pahnyra, Pa 17078.
2. Defendant is (Dale Nagle dlb/a Alliance Computers)
operating a computer business with its primary office
at 100 S. Front St., Wormleysburg, Pa 17043.
3. Defendant delivered and hooked up a computer at the Plaintiffs
house June 8, 2000 primarily for the plaintiffs businesses which are manufacturing baby
slings and selling wood boilers.
4. Plaintiff purchased the computer from the defendant and relied on the defendants
expertise to install and set up the computer for her business use.
5. When the Plaintiff received the computer, it had loaded on it Microsoft
Office 2000, Windows, Quick Books Pro and lots of other software.
6. When the Plaintiff tried to get back online with Paonline, they said
she needed to reload Windows because something was wrong.
7. The plaintiff contacted the defendant because the defendant hadn't
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provided copies of the software.
8. The defendant mailed a copy of the software to the plaintiff so it
could be reinstalled.
9. The plaintiff was then able to reinstall Wmdows and get back online.
10. The plaintiff had trouble with Microsoft Office and contacted the defendant.
11. The defendant mailed a copy of Microsoft Office to reinstall.
12. The plaintiff continued having more and more problems with the system and tried
to get help from the defendant.
13. As the system got to the point where it would hardly operate, the defendant said
the plaintiff would have to take it in to their store.
14. The plaintiff tried to get them to come out but they would not.
15. The plaintiff did a backup of the system and took it in to the store.
16. The plaintiff asked several times how to save email addresses and messages
as much of their business is done this way.
17. The defendant's personnel did not know how to save this data.
18. The plaintiff asked the defendant's shop to please do a backnp before doing
anything to the system as she did not trust that her's took.
19. The defendant said they could do it one of two ways, on another hard drive for
$50 or on floppies for $25.
20. The plaintiff said to use the floppies.
21 February 15,2000 the defendants business calls the plaintiff to say the computer
is fixed however, they lost EVERYTHING.
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22. When the plaintiff got the computer home and hooked back up, it only had
Windows and Microsoft Office on it.
23. When the Plaintiff questioned the missing software she was told she never paid for
it and it was just put on as a generous gesture.
24. The plaintiff tried to restore from her backups but they would not work.
25. The plaintiff is still having trouble with the system.
26. The plaintiff tried to resolve things unsuccess:fully with the defendant.
27.
28.
for $2,081.88.
29. The defendant negligence lost four years worth of the plaintiffs work for her
business which included address lists, mailings, mail merge files, brochures, invoices, business
The plaintiff took the situation with no resolution to the Better Business Bureau.
The plaintiff then took the case to the District Justice where they ruled in her favor
cards, etc. etc..
30. This has cause hours of rebuilding data for the plaintiff.
31. Some ofthis data is not retrievable.
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WHEREFORE, Plaintiff respectfully requests that the Court enter a judgment in her
favor and against Defendant for damages in an amount not exceeding the
threshold for compulsory arbitration under local rules, together with costs of suit, attorney fees
and such other relief as the Court deems appropriate.
Respectfully Submitted,
/!~j ~
DArE J'~ ~ rJro/
Karen L. Powell
173 School House Road
Palmyra, Pa 17078
(717) 838-9270
(Plaintifl)
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VERIFICATION
The undersigned hereby verifies that the fucts averred in the
foregoing Complaint are true and correct to the best of her
knowledge, information and belief. 1bis verification is made
subject to the penalties of 18 Pa.C.S, S4904 relating to unsworn
falsification to authorities.
;{LUM L ,foJ} ,J<n/eI{ 1.. gw-<_i
(Name)
Date: L? 7 . 9-1'l(j (
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CERTIFICATE OF SERVICE
I, Karen Powell, hereby certuy that I served the foregoing
Complaint on this date by first-class U.S. mail to the following:
Dale Nagle
dlb/a Alliance Computers
100 S. Front St.
VVormleysburg,Pa17043
(Defendant)
/~iV
KarenlPowell
173 School House Road
Palmyra, Pa 17078
(717) 838-9270
(Plaintifl)
DATE:
LJ 'J,,20()/
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KAREN POWELL,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 01-3431 CIVIL TERM
DALE NAGLE dlb/a ALLIANCE
COMPUTERS,
CIVIL ACTION -AT LAW
Defendant
ORDER
AND NOW, this
day of
,2001, upon consideration
of Defendant's Preliminary Objection to Plaintiff's Complaint by way of demurrer, and Plaintiffs
response thereto, it is hereby ORDERED that said objection is sustained and Paragraphs 7 to 30
of the Plaintiff's Complaint are dismissed. Defendant shall have the right to answer the balance
of the Complaint within
days of the entry of this Order.
BY THE COURT,
J.
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KAREN POWELL,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 01-3431 CNlL TERM
DALE NAGLE dlb/a ALLIANCE
COMPUTERS,
CNlL ACTION - AT LAW
Defendant
ORDER
AND NOW, this
day of
,2001, upon
consideration of Defendant's Preliminary Objection raising insufficient specificity of pleading of
Plaintiffs Complaint, it is hereby ORDERED that Plaintiff file a more specific complaint, in
particular Paragraphs 7 through 30 thereof, within twenty (20) days after notice of this Order.
BY THE COURT,
J.
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KAREN POWELL,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
Plaintiff
vs.
NO. 01-3431 CIVIL TERM
DALE NAGLE d/bla ALLIANCE
COMPUTERS,
CIVIL ACTION -ATLAW
Defendant
DEFENDANT'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Dale Nagle, d/b/a Alliance Computers, by and
through his attorney, Kirstin M, Sweigard, Esquire, and hereby submits the following
preliminary objections to Plaintiff's Complaint pursuant to Pa. R.C.P, 1028(a) and in support
thereof avers the following:
1. Plaintiff commenced this action by filing a Complaint on July 3, 2001. A copy of
the Complaint is attached hereto as Exhibit "A".
2. The Complaint alleges, in sununary, that the Plaintiff purchased a computer from
the Defendant and thereafter experienced some difficulties with the computer.
3. The Complaint also alleges that the Defendant was negligent, thereby causing the
Plaintiffto sustain injuries.
PRELIMINARY OBJECTION RAISING
LEGAL INSUFFICIENCY OF PLAINTIFF'S COMPLAINT
4, Objecting Defendant incorporates by reference the averments of Paragraphs 1
through 3 above as if set forth herein in full.
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5, Defendant preliminarily objects to Plaintiff's Complaint on the grounds that it
improperly states a claim against the Defendant under the Pennsylvania Negligence Law, which
is inapplicable to the factual basis presented in this case.
6. The Pennsylvania Negligence Law requires that the Plaintiff must allege a duty or
obligation of the Defendant that is recognized by law, a breach of that duty, a causal connection
between the Defendant's conduct and the resulting injury, and actual damages. Morena v. South
Hills Health System, 501 Pa. 634, 462 A.2d 680 (1983).
7. In the instant case, Plaintiff has stated a claim against Defendant in connection
with warranties on a contract for the sale of goods,
8. Plaintiff's Complaint fails to allege a duty or obligation recognized by law on the
Defendant.
9. Plaintiff's Complaint fails to allege any breach of that duty.
10, Plaintiff's Complaint fails to allege a causal connection between the Defendant's
conduct and her alleged resulting injury.
11. Plaintiff's Complaint fails to allege any actual damages sustained by Plaintiff.
12. Therefore, the Defendant preliminarily objects to the Complaint on the grounds
that it is legally insufficient against the Defendant for negligence.
WHEREFORE, Defendant respectfully requests this Court to grant his preliminary
objection by way of demurrer and dismiss all counts of Plaintiff's Complaint.
PRELIMINARY OBJECTION RAISING INSUFFICIENT SPECIFICITY
OF PLAINTIFF'S COMPLAINT
13. Objecting Defendant incorporates by reference the averments of Paragraphs 1
through 12 above as if set forth herein in full.
14. Paragraphs 7 through 18 of Plaintiff's Complaint allege various contacts with the
Defendant regarding the sale ofthe computer.
15. Pa.R.C.P. 1019(f) requires that "averments of time, place and items of special
damage shall be specifically stated."
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16. The aforementioned paragraphs fail to state in any respect the time of the alleged
contacts.
17. Paragraphs 29 and 30 of Plaintiffs Complaint allege loss offouryears worth of
Plaintiffs work for her business which includes address lists, mailings, mail merge files,
brochures, invoices, business cards, etc., etc., as well as hours of rebuilding data for the Plaintiff.
18. The aforementioned paragraphs 29 and 30 fail to specifically state special
damages allegedly suffered by the Plaintiff.
19, Pennsylvania Rule of Civil Procedure 1028(a)(3) provides that a Defendant may
object to a pleading because of insufficient specificity.
20. Paragraph 29 of Plaintiffs Complaint does not plead specific material facts
sufficient to allow Defendant to answer or prepare a defense and Plaintiff should be required to
file a more specific pleading.
21, Plaintiffs Complaint lacks sufficient specificity to apprise the Defendant of the
issues to be litigated and to allow him to adequately prepare and assert defenses to Plaintiffs
allegations.
WHEREFORE, Defendant respectfully requests that this Court order Plaintiff to more
specifically plead the averments of paragraphs 7 through 30 of her Complaint.
Respectfully submitted,
fJlq/ol
Date I '
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Kirstin M. Sweigard, Esquire
KLINE LAW OFFICE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Defendant
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CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Amended Complaint upon
Plaintiff by depositing same in the United States Mail, first class, postage pre-paid on the
day of August, 2001, from New Cumberland, Pennsylvania, addressed as follows:
Karen L. Powell
173 Schoolhouse Road
Palmyra, P A 17078
cf/q<A fh~'-1Ll ~~
Kirstin M. Sweigard, Esquire
KLINE LAW OFFICE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff Defendant
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Karen Powell, Plaintiff,
vs. Dale Nagle dlb/a
Alliance Computers,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-3431 CIVIL TERM
COMPI AINT
NEGLIGENCE
AND NOW, comes Karen Powell (hereinafter "Plaintiff"), and makes the
following complaint:
, --.
1. Plaintiff is an adult woman now residing at 173 School
House Road, Palmyra, Pa 17078.
2. Defendant is (Dale Nagle d/b/a Alliance Computers)
operating a computer business with its primary office
at 100 S. Front St., Wormleysburg, Pa 17043.
3. Defendant delivered and hooked up a computer at the Plaintiffs
house June 8, 2000 priInarily for the plaintiffs businesses which are manufucturing baby
slings and selling wood boilers.
4. Plaintiff purchased the computer from the defendant and relied on the defendants
expertise to install and set up the computer for her business use.
5. When the Plaintiff received the computer, it had loaded on it Microsoft
Office 2000, Windows, Quick Books Pro and lots of other software.
6. When the Plaintiff tried to get back online with Paonline, they said
she needed to reload Windows because something was wrong.
7. The plaintiff contacted the defendant because the defendant hadn't
EXHIBIT "A"
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provided copies ofthe software.
8. The defendant mailed a copy of the software to the plaintiff so it
could be reinstalled.
9. The plaintiff was then able to reinstall Windows and get back online.
10. The plaintiff had trouble with Microsoft Office and contacted the defendant.
11. The defendant mailed a copy of Micro soft Office to reinstall.
12. The plaintiff continued having more and more problems with the system and tried
to get help from the defendant.
13. As the system got to the point where it would hardly operate, the defendant said
the plaintiff would have to take it in to their store.
14. The plaintiff tried to get them to come out but they would not.
15. The plaintiff did a backup of the system and took it in to the store.
16. The plaintiff asked several times how to save email addresses and messages
as much of their business is done this way.
17. The defendant's personnel did not know how to save this data.
18. The plaintiff asked the defendant's shop to please do a backup before doing
anything to the system as she did not trust that her's took.
19. The defendant said they could do it one of two ways, on another hard drive for
$50 or on floppies for $25.
I
20. The plaintiff said to use the floppies.
21 February 15, 2000 the defendants business calls the plaintiff to say the computer
is fixed however, they lost EVERYTHING.
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22. When the plaintiff got the computer home and hooked back up, it only had
Windows and Microsoft Office on it.
23. When the Plaintiff questioned the missing software she was told she never paid for
it and it was just put on as a generous gesture.
24. The plaintiff tried to restore from her backups but they would not work.
25. The plaintiff is still having trouble with the system.
26. The plaintiff tried to resolve things unsuccessfully with the defendant.
27. The plaintiff took the situation with no resolution to the Better Business Bureau.
28. The plaintiff then took the case to the District Justice where they ruled in her favor
for $2,081.88.
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29. The defendant neglil!"nc.e lost four years worth of the plaintiffs work for her
business which included address lists, mailings, mail merge files, brochures, invoices, 'business
cards, etc. etc..
30. This has cause hours of rebuilding data for the plaintiff.
31. Some ofthis data is not retrievable.
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WHEREFORE, Plaintiff respectfully requests that the Court enter a judgment in her
favor and against Defendant for damages in an amount not exceeding the
threshold for compulsory arbitration under local rules, together with costs of suit, attorney fees
and such other relief as the Court deems appropriate.
Respectfully Submitted,
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DATE J" ~:3 ;} rot
Karen L. Powell
173 School House Road
Palmyra, Pa 17078
(717) 838-9270
(Plaintiff)
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VERIFICA nON
The undersigned hereby verifies that the facts averred in the
foregoing Complaint are true and correct to the best of her
knowledge, information and belief. This verification is made
subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn
falsification to authorities.
Date: ,ft'?
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;(cw~ L fi00V.ko/e'i L. Pow-<.-I/
(Name)
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CERTIFICATE OF SERVICE
I, Karen Powell, hereby certify that I served the foregoing
Complaint on this date by first-class U.S. mail to the following:
Dale Nagle
dlb/a Alliance Computers
100 S. Front St.
Wormleysburg, Pa 17043
(Defendant)
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KareniI>owell
173 School House Road
Palmyra, Pa 17078
(717) 838-9270
(Plaintiff:)
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter far the next Argunent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
KAREN POWELL
(Plaintiff)
vs.
DALE NAGLE
d/b/a Alliance Computers
( Defendant)
No. 01-3431 Civil
JiJ.9 2001
1. State matter to be argued (i.e., plaintiff's llXltion for new trial. defendant's
demu=er to canplaint. etc.):
Defendant's preliminary objections to Plaintiff's Complaint
2. Identify rounsel who will argue case:
(a) for plaintiff: Karen Powell
Address: 173 Schoolhouse Road
Palmyra, PA 17078
(b) for defendant: Kirstin M. Sweigard, Esquire
Address: KLINE LAW OFFICE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
3. I w:ill notify all parties in writing within t'NO days that this case has
been listed for argunent.
4. Argurent Court Date: October 24, 2001
Dated: q/;jol
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KAREN POWELL,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DALE NAGLE d/b/a
ALLIANCE COMPUTERS,
Defendant.
NO. 01-3431 CIVIL TERM
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance as counsel for Karen Powell, the
Plaintiff in the above-captioned action.
GATES & ASSOCIATES, P.C.
BY:
Mark H bruner, Esquire
Attorne ID No. 66737
Cory J. Snook, Esquire
Attorney ID No. 85734
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
Date:
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CERTIFICATE OF SERVICE
I, Mark E. Halbruner, of the law firm of Gates & Associates,
P.C., hereby certify that I served a copy of the foregoing document
by first-class U.S. mail ~o the following:
Kirsten M. Sweigard, Esquire
KLINE LAW OFFICE
714 Bridge Street
P.O. Box 461
New Cumberland, PA 17070-0461
(Attorneys for Defendant)
GATES &
ASSOCIATES, P.C.
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BY:
Cory k, Esquire
1013 Mumm Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintiff)
DATE:
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KAREN POWELL,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DALE NAGLE dlb/a
ALLIANCE COMPUTERS,
Defendant.
NO. 01-3431 CIVIL TERM
AMENDED COMPLAINT
AND NOW, comes the Plaintiff, Karen Powell, (hereinafter known as "Plaintiff') by and
through her counsel, Gates & Associates, P,C" and respectfully submits the following Amended
Complaint:
1, Plaintiff is an adult individual currently residing at 173 School House Road,
Palmyra, PA 17078,
2, Defendant, Dale Nagle d/bla Alliance Computers, (hereinafter referred to as
"Defendant") has a primary business address of 100 South Front Street,
Wormleysburg, PA 17043,
3, Defendant delivered and installed a computer at the Plaintiff s residence on or
about June 8, 2000,
4, At that time, Defendant knew that Plaintiff planned to use the computer primarily
for her businesses, which are manufacturing baby slings and selling wood boilers,
5, Plaintiff purchased the computer from Defendant and relied on the Defendant's
expertise and knowledge to install and set up the computer for her business uses,
6. When Plaintiff initially received the computer, various programs were already
loaded on it, including, but not limited to, Microsoft Office 2000, Windows, Quick
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Books Pro, and many other programs,
7, When Plaintiff attempted to re-connect with the internet through PaOnline, she
was informed by that company that she needed to re-Ioad Windows because
something was wrong.
8, Plaintiff contacted the Defendant, because she had not been provided with the
disks that contained the software which would enable her to re-Ioad it.
9. Defendant mailed a copy of the software to Plaintiff so that it could be re-installed,
10. Plaintiff then re-installed Windows and was able to re-connect to the internet.
11, Plaintiff then experienced problems with the Microsoft Office software, and again
contacted Defendant.
12, Defendant mailed a copy ofthe software to Plaintiff so that it could be re-installed.
13, Plaintiff continued to experience increasing problems with the computer system
and repeatedly contacted Defendant for help,
14, The computer system eventually reached a point where it would barely operate as
planned,
15, Defendant informed Plaintiff that he would have to take it into his store to fix it.
16, Defendant refused to come to Plaintiff's residence to view and/or fix the system,
17, Plaintiff made a back-up copy of the system and took it into the Defendant's store.
18, Plaintiff asked Defendant and his employees, agents, and representatives several
times how to save email addresses and messages, because much of Plaintiff's
business is conducted in this manner.
19, Defendant and/or his personnel did not know how to save this data,
2
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20, Plaintiff requested Defendant to make a back-up of the system before performing
any work on the system, because Plaintiff was not convinced that her own back-up
had been complete and accurate.
21. Defendant informed Plaintiff that this could be done in one of two ways: on
another hard drive for Fifty and 00/]00 ($50,00) Dollars, or on floppy disks for
Twenty-five and 00/100 ($25,00) Dollars,
22, Plaintiff told Defendant to use the floppy disk method
23, On or about February 15, 2001, the Defendant informed Plaintiff that the computer
was fixed, but that all the information and data had been lost.
24, Plaintiff returned the computer to her residence and hooked it up, only to find that
it only contained Windows and Microsoft Office,
25, When Plaintiff questioned Defendant regarding the missing software, she was told
that she never paid for it, and it was only provided the first time as a "generous
gesture. "
26, Plaintiff tried to restore her system from her back-up files, but they would not
work,
27. Plaintiff is still having trouble with the system,
28, Plaintiff has tried unsuccessfully to resolve her complaints with the Defendant.
COUNT I
BREACH OF CONTRACT
29, Paragraphs I through 28 are hereby incorporated by reference as though more
fully set forth herein.
3
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30, Defendant is in the business of selling and servicing computers,
31, Defendant agreed to sell to Plaintiff, and Plaintiff agreed to buy from Defendant, a
working computer for approximately Five Hundred Twenty-four and 70/100
($524,70) Dollars,
32, In addition, for the above-referenced sum, Defendant agreed to provide software
programs on the computer and set -up and install the computer system at Plaintiff's
residence,
33, Defendant knew the uses for which Plaintiff planned to use the computer system,
34, Defendant breached the sales contract in that the computer system that Defendant
sold to Plaintiff did not work properly and did not perform the functions required
by Plaintiff.
35, Defendant breached the sales contract in that when Defendant returned the
computer to Plaintiff after attempting to service it, the computer was devoid of
many of the software programs that had originally been included with the system.
36, Plaintiff agreed to pay Defendant Twenty-five and 00/100 ($25,00) Dollars to
ensure that a back-up system was made in order to maintain Plaintiff's records and
data,
37. Defendant breached this contract by failing to maintain Plaintiff's records and data
thereby damaging Plaintiff's business operations,
WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in
her favor and against Defendant for damages in an amount not exceeding the threshold for
compulsory arbitration under local rules, together with costs of suit, attorneys' fees, and such
other relief as the Court deems appropriate,
.
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NEGLIGENCE
38, Paragraphs I through 37 are hereby incorporated by reference as though more
fully set forth herein,
39, Defendant was aware of the nature of Plaintiff's businesses, and intended uses for
the computer system,
40. Defendant was informed of the importance of the records, data, and information
contained on the system when it was brought in for repairs and/or servicing,
41. Defendant was informed of the importance of making a back-up copy of the
system to ensure the maintenance and safety of the records, data, and information
contained on the system,
42. Defendant had a duty, being duly informed, to ensure the safety and to maintain
the records, data, and information on the computer system,
43. Defendant breached that duty by failing to maintain the records, data, and
information on the computer system,
44. Defendant's breach of this duty caused the loss of approximately four (4) years'
worth of information for Plaintiff's businesses, including, but not limited to address
lists, mailings, mail merge files, brochures, invoices, and business cards,
45. Much of this information cannot be recovered, retrieved, or accurately re-created
by Plaintiff.
46. Plaintiff has spent countless hours attempting to rebuild and re-create the records,
5
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data, and information lost by the Defendant.
WHEREFORE, Plaintiffrespe(;tfully requests this honorable Court to enter judgment in
her favor and against Defendant for damages in an amount not exceeding the threshold for
compulsory arbitration under local rules, together with costs of suit, attorneys' fees, and such
other relief as the Court deems appropriate,
Respectfully submitted,
GATES & ASSOCIATES, P.C.
BY:
Cory 1. ook, E uire
Attorney LD, # 5734
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintiff)
Date:
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VERIFICATION
Due to time and distance constraints, Plaintiff's verification of the facts set forth in the
foregoing pleading cannot be obtained within the time allowed for filing the pleading, Pa,R,C,P,
1024(c). The foregoing pleading is based upon information which I have gathered as counsel for
Plaintiff, and it is true and correct to the best of my knowledge, information and belief This
statement and verification are made subject to the penalties of 18 Pa,C.S, 94904 relating to unsworn
falsification to authorities, which provides that ifl make knowingly false averments, I may be subject
to criminal penalties,
Dated:
o c/-otef' L/
,2001
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KAREN POWELL,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
vs.
NO. 01-3431 CIVIL TERM
DALE NAGLE dlb/a ALLIANCE
COMPUTERS,
Defendant
PRAECIPE TO WITHDRAW
1'tl.Et- \ -kl 'kl ~'-( 0 ~6'C.i\c:.)")\.tS
TO THE PROTHONOTARY:
Kindly withdraw Preliminary Objections filed in the above-referenced case, as well as the
listing for argument court on October 24, 2001.
Respectfully submitted,
/o/c;/o I
DATE '
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714 Bridge Street
Post Office Box 46 I
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Defendant
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KAREN POWELL,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DALE NAGLE dlb/a
ALLIANCE COMPUTERS,
Defendant.
NO. 01-3431 CIVIL TERM
PRAECIPE TO SUBSTITUTE VERIFICATION
To the Prothonotary:
Please substitute the attached verification of Karen Powell for the verification previously
filed with the Amended Complaint in the above-captioned matter.
Respectfully submitted,
GATES & ASSOCIATES, PC
2
BY:
Cory J, Snoo , Esquire
Supreme Court l.O, #85734
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintiff)
DATED: ()e fr b er 10,2001
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VERIFICATION
The undersigned hereby verifie. that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief
This verification is made subject to the penalties of 18 Pa. CS A. ~ 4904 rdating to
unsworn falsification to authorities.
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CERTIFICATE OF SERVICE
I, Cory J. Snook, of the law firm of Gates & Associates, P,c., hereby certifY that I served
a true and correct copy of the foregoing Praecipe to Substitute Verification by first-class u.s,
mail to the following:
Kirstin M. Sweigard, Esquire
Kline Law Office
714 Bridge Street
P,O, Box 461
New Cumberland, PA 17070-0461
DATED: OcftJber It? ,2001
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Respectfully submitted,
GATES & ASSOCIATES, Pc.
BY:
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Cory 1. noo, Esquire
Supreme C urt 1.0, #85734
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintiff)
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KAREN POWELL,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
DALE NAGLE d/b/a
ALLIANCE COMPUTERS,
Defendant.
NO. 01-3431 CIVIL TERM
CERTIFICATE OF SERVICE
I, Cory 1. Snook, of the law firm of Gates & Associates, p, c., hereby certifY that I
served a true and correct copy of the Amended Complaint on October 4,2001 by First Class mail
addressed to the following:
Kirstin M, Sweigard, Esquire
Kline Law Office
714 Bridge Street
P,O. Box 461
New Cumberland, P A 17070-0461
Respectfully submitted,
GATES & ASSOCIATES, p,c.
BY:
ory J, noo squire
Supreme Court 1.0, #85734
\0 13 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintiff)
DATED: tJC~bU' 10 2001
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KAREN POWELL,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV ANlA
Plaintiff
vs.
NO. 01-3431 CIVIL TERM
DALE NAGLE d/b/a ALLIANCE
COMPUTERS,
CIVIL ACTION - AT LAW
Defendant
NOTICE TO PLEAD
To: Karen Powell
Y Oil are hereby notified to file a written response to the enclosed Answer with New
Matter Pursuant to Pa.R.C.P. 2252 against you within twenty (20) days from the service hereof or
a judgment may be entered against you.
Date: lof 1'1/01
, I
BY: 0 ~f17: ~ Ji/C{~d
Kirst" M. Sweigard, Esquire
KLINE LAW OFFICE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Defendant
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KAREN POWELL,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 01-3431 CIVIL TERM
DALE NAGLE d/b/a ALLIANCE
COMPUTERS,
CIVIL ACTION -AT LAW
Defendant
DEFENDANT'S ANSWER WITH NEW MATTER TO
PLAINTIFF'S AMENDED COMPLAINT
AND NOW, comes the Defendant, Dale Nagle, d/b/a AlIiance Computers, by and
through his attorney, Kirstin M. Sweigard, Esquire, and files the foIlowing Answer with New
Matter to above-named Plaintiffs Amended Complaint:
1. Admitted.
2. Admitted in part, denied in part. Defendant admits that as of the date of this
pleading his primary business address is AlIiance Computers, 100 South Front Street,
Wormleysburg, PA 17043. However, at the time of the sale subject of this complaint, AlIiance
Computers h<\d not yet been opened.
3. Admitted in part, denied in part. Defendant admits that he delivered and instaIled
a central processing unit (CPU) at the Plaintiffs residence on or about June 8, 2000, however
denies delivering an entire computer system.
4. Denied. At the time of the purchase of the CPU, Defendant was unaware of the
specificities of Plaintiffs aIleged business, nor was he informed that the CPU was, in fact,
installed for her business.
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5. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded. Therefore, said allegations are denied. By further
answer, defendant avers that plaintiff did not rely on defendant to set up a CPU for her business
uses,
6. Admitted in part, denied in part. Defendant admits that he loaded Microsoft
Office and Windows as well as some other demonstrations programs for Plaintiffs trial use with
the suggestion to purchase such software. However, Defendant denies Plaintiff purchasing any
such software.
7. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded. By further answer, Defendant has no knowledge of
Plaintiffs communications with PaOnline.
8. Admitted in part, denied in part. Defendant admits that Plaintiff contacted him in
regard to the software; however, to the contrary, Plaintiff had not been provided with the
software because she did not purchase the software.
9. Admitted.
10. Denied. Defendant is without sufficient information, knowledge or beliefto form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded. By further answer, Defendant has no knowledge of
whether or not Plaintiff installed any software.
11. Admitted in part, Denied in part. Defendant admits that Plaintiff contacted him
however, has no knowledge of whether or not Plaintiff experienced problems with any software.
12. Admitted.
13. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded.
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14. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded.
15. Admitted in part, denied in part. Defendant informed Plaintiff that the central
processing unit would have to be transported to his store in order for him to determine if any of
the components in the central processing unit were the source of the problem.
16. Denied. Defendant indicated to Plaintiff that the central processing unit would
need to be brought into the store in order for him to determine if any of the components were the
source of the problem.
17. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded.
18. Admitted in part, denied in part. Defendant admits that Plaintiff inquired as to
how to save e-mail messages from a program that Defendant did not install, however, denies any
discussion regarding Plaintiffs business
19. Admitted.
20. Admitted in part, denied in part. Defendant admits that Plaintiff requested him to
make a backup of the system, however, Defendant is without sufficient information, knowledge
or belief to form an opinion as to the truthfulness of the allegation that Plaintiff was not
convinced that her own backup had been complete and accurate.
21. Admitted in part, denied in part. Defendant admits that he informed Plaintiff of
her choices regarding an attempted back-up, however Plaintiff was informed from the beginning
that any data in her system was not warranted.
22. Admitted.
23. Admitted in part, denied in part. Defendant admits that he informed Plaintiff that
the CPU was fixed, however, all information had been lost due to a defective hard drive.
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24, Admitted.
25. Admitted in part, denied in part. Defendant admits that Plaintiff contacted him
concerning software, however, Plaintiff was told that any further disks with software would have
to be purchased.
26. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded.
27. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded.
28. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded.
WHEREFORE, answering defendant demands the entry of judgment in his favor
dismissing plaintiff's complaint with prejudice and awarding costs and counsel fees.
COUNT I
BREACH OF CONTRACT
29. Answering Defendant incorporates herein by reference paragraphs 1 through 28,
above as though the same were set forth herein at length.
30. Denied. Defendant is a wholesale distributor and engaged primarily in the
business of hardware sales.
31. Admitted in part, denied in part. Defendant admits that Plaintiff purchased a
central processing unit from him for the sum of $524.70. However, Defendant denies selling
Plaintiff an entire computer and the existence of any agreement.
32. Denied. Defendant admits to agreeing to set up and install the central processing
unit at Plaintiff's residence, however, denies agreeing to provide software programs that were not
purchased.
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33. Denied. Defendant is without sufficient information, knowledge or beliefto form
an opinion as to the truthfulness ofthe allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded. By further answer, Defendant denies having any
knowledge of Plaintiffs alleged business uses for the CPU.
34. The allegation of this paragraph is a conclusion oflaw to which no responsive
pleading is required. To the extent that a response is required, the allegation is denied. By
further answer, Plaintiff's CPU did not function properly due to a defective hard drive
manufactured by Westem ~igital Corporation, Lake Forest, California, not the answering
defendant.
35. The allegation of this paragraph is a conclusion of law to which no responsive
pleading is required. To the extent that a response is required, the allegation is denied.
36. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness ofthe allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded. By further answer, Defendant informed Plaintiff that
he could attempt to create a backup disk for the price of$25.00.
37. The allegation of this paragraph is a conclusion oflaw to which no responsive
pleading is required. To the extent that a response is required, the allegation is denied. By
further answer, Defendant denies damaging Plaintiff's business operations as the difficulties with
Plaintiff's CPU were caused by a defective hard drive which was manufactured by Western
Digital Corporation, in Lake Forest, California.
WHEREFORE, answering defendant demands the entry of judgment in his favor
dislnissing plaintiff's complaint with prejudice and awarding costs and counsel fees.
COUNT II
NEGLIGENCE
38. Answering Defendant incorporates herein by reference paragraphs 1 through 28,
above as though the same were set forth herein at length.
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39. Denied. Defendant denies any inference that Plaintiff communicated to defendant
her intentions as to the use of the central processing unit.
40. Denied. To the contrary, Defendant was informed of the importance of Plaintiff's
records at the time the CPU was brought in for service, however, Plaintiff was informed that
there was no warranty on any data at the time she purchased the CPU.
41. Denied. To the contrary, Defendant was informed of the importance of a backing
up Plaintiff's records at the time the CPU was brought in for service, however, Plaintiff was
informed that there was no warranty on any data at the time she purchased the CPU.
42, The allegation ofthis paragraph is a conclusion of law to which no responsive
pleading is required. To the extent that a response is required, the allegation is denied.
43. The allegation of this paragraph is a conclusion ofIaw to which no responsive
pleading is required. To the extent that a response is required, the allegation is denied.
44. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded. By further answer, Defendant avers there is no proof
of a loss of four years of information.
45. Denied. Defendant is without sufficient information, knowledge or beIiefto form
an opinion as to the truthfulness of the allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded.
46. Denied. Defendant is without sufficient information, knowledge or belief to form
an opinion as to the truthfulness ofthe allegation contained in this paragraph and, therefore, the
allegation is denied and proof demanded.
WHEREFORE, answering defendant demands the entry of judgment in his favor
dismissing plaintiffs' complaint with prejudice and awarding costs and counsel fees.
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OF STATUTE OF FRAUDS
47. Defendant incorporates herein by reference paragraphs one through forty-six (46),
above, as though the same were set forth herein at length.
48. Plaintiff's complaint seeks to recover four years worth of information for
Plaintiff's business from Defendant, alleging defendant failed to perform under terms of an oral
contract whereby Plaintiff purchased a CPU from Defendant in exchange for five hundred
twenty-four dolIars and 70/100.
49. The alleged contract on which plaintiff sues was oral in nature. Defendant has not
attached to his complaint a written memorandum of such alleged contract, and there is no such
memorandum.
50. The alIeged contract on which plaintiff sues is governed by 13 Pa.C.S.A. S2201
which requires a written memorandum for such contract to be enforceable.
51. Because there is no such written memorandum, the provisions of Section 2201
have not be complied with in respect to this alleged contract, such that plaintiff's cause of action
on the alIeged contract is barred by the defense of the statute of frauds.
WHEREFORE, answering defendant demands the entry of judgment in his favor
dismissing plaintiff's complaint with prejudice and awarding costs and counsel fees.
NEW MATTER
52. Defendant incorporates herein by reference paragraphs one through 51 above, as
though the same were set forth herein at length.
53. If Plaintiff suffered injuries as alIeged, plaintiff's injuries were caused by persons
or entities unrelated to and not under the control of answering defendant, specifically Western
Digital Corporation, 20511 Lake Forest Drive, Lake Forest, California, 92630-7741.
54. West Digital Corporation manufactured the central processing unit including the
hard disk drive which is the subject ofthese proceedings.
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55. Answering defendant was not responsible for the failure of the hard disk drive
within Plaintiff's central processing unit.
WHEREFORE, answering defendant demands the entry of judgment in his favor
dismissing plaintiff's complaint with prejudice and awarding costs and counsel fees.
Respectfully submitted,
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KLINE LAW OFFICE
714 Bridge Street
Post Office Box 461
New Cumberland, P A 17070-0461
(717) 770-2540
Attorney for Defendant
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VERIFICATION
I verifY that the statements made in the foregoing Defendant's Answer to Plaintiff's
Amended Complaint are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
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CERTIFICATE OF SERVICE
I hereby certifY that 1 served a true and correct copy of the Defendant's Answer to Plaintiff's
Amended Complaint upon Plaintiff by depositing same in the United States Mail, first class,
postage pre-paid on the ~ day of October, 2001, from New Cumberland, Pennsylvania,
addressed as follows:
CoryJ.Snook,Esqurre
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Attorney for Plaintiff
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Kirst' M. Sweigard, EsqUlre
KLINE LAW OFFICE
714 Bridge Street
Post Office Box 461
New Cumberland, P A 17070-0461
(717) 770-2540
Attorney for Defendant
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KAREN POWELL,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIvn. ACTION - LAW
DALE NAGLE d/b/a
ALLIANCE COMPUTERS,
Defendant.
NO. 01-3431 CIVIL TERM
PLAINTIFF'S REPLY TO NEW MATTER
AND NOW, comes the Plaintiff, Karen Powell, (hereinafter known as "Plaintiff") by and
through her counsel, Gates & Associates, P,C., and respectfully submits the following Reply to
New Matter:
NEW MATTER- AFFIRMATIVE DEFENSE
OF STATUTE OF FRAUDS
47, Paragraphs 1 through 46 of Plaintiff's Amended Complaint are hereby
incorporated by reference as though more fully set forth herein,
48. Denied as stated, Plaintiff's Amended Complaint speaks for itself
49, The averments of Paragraph 49 are conclusions oflaw to which no responsive
pleading is required, To the extent that a response is required, the averments of
Paragraph 49 are denied,
50. The averments of Paragraph 50 are conclusions oflaw to which no responsive
pleading is required, To the extent that a response is required, the averments of
Paragraph 50 are denied. By way of further response, Defendant accepted
payment for the goods sold, thereby invoking 13 Pa,C.S,A, 92201 (c)(3) and
rendering the contract completely enforceable,
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51. The averments of Paragraph 51 are conclusions oflaw to which no responsive
pleading is required. To the extent that a response is required, the averments of
Paragraph 51 are denied, By way offurther response, Defendant accepted
payment for the goods sold, thereby invoking 13 Pa,C.SA ~ 2201 (c)(3) and
rendering the contract completely enforceable,
WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in
her favor and against Defendant for damages in an amount not exceeding the threshold for
compulsory arbitration under local rules, together with costs of suit, attorneys' fees, and such
other relief as the Court deems appropriate.
NEW MATTER
52, Paragraphs 1 through 51 of Plaintiff's Amended Complaint and Reply to New
Matter are hereby incorporated by reference as though more fully set forth herein.
53, After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments stated in paragraph 53 of
the Defendant's New Matter, and proof thereof is demanded if relevant,
54, After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments stated in paragraph 54 of
the Defendant's New Matter, and proof thereof is demanded if relevant.
55, The averments of Paragraph 55 are conclusions oflaw to which no responsive
pleading is required, To the extent that a response is required, the averments of
Paragraph 55 are denied.
WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in
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her favor and against Defendant for damages in an amount not exceeding the threshold for
compulsory arbitration under local rules, together with costs of suit, attorneys' fees, and such
other relief as the Court deems appropriate.
Respectfully submitted,
GATES & ASSOCIATES, P.C.
BY ~~~
Cory J, noo, squire
Attorney I.D, #85734
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintiff)
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VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief
This verification is made subject to the penalties of 18 Pa, C. SA ~ 4904 relating to
unsworn falsification to authorities.
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CERTIFICATE OF SERVICE
1, Cory 1. Snook, of the law firm of Gates & Associates, p, c., hereby certifY that I
served a true and correct copy of the foregoing document by First Class mail addressed to the
following:
Kirstin M. Sweigard, Esquire
Kline Law Office
714 Bridge Street
P.O, Box 461
New Cumberland, PA 17070-0461
DATED: #ov. 15 ,2001
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Respectfully submitted,
GATES & ASSOCIATES, p,c.
By0~P
Supreme Court I.D, #85734
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
(717) 731-9600
(Attorneys for Plaintiff)
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