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HomeMy WebLinkAbout03-2281COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 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 below. H. Daniel Beigh I 09-1-01 (Clement) ADDRB$$ o~ AFFE[I.L*ANT CITY STATE ZIP COD~ 2300 Foxfire Circle Mechanicsburg PA 17055 4/10/03 I Lemoyne Auto Service v. Beigh, Dan CV 19 CV-0000030-03 I Wix,f~/~,~/~_ner LT 19 -' I Jef~??_~' C_"~c. lu~',-~- T_D. ~o: 89277 This block will be signed ONLY when this notation is required ~ ~- /r appeflant was ulalmant R.C.P.J.P. No. 100BB. No. fOOl(S) in action before This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy (see Pa. R.C.P.J.P. 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 (Th/s sect/on of form to be used ONLY when appellant was DEFENDANT(see Pa. R.C.P.J.P. No. 1001(7) /n act/on before D/str/ct Just/ce. IF NOT USED, detach from copy of not/ce of appeal to be served upon appellee). PRAECIPE: To Prothonotary Lemoyne Auto Service Enter rule upon t " .- Name of appellee(s) (Common Pleas No.{ wenty RULE: To Lemoyne Auto Service appellee(s), to file a complaint in this appeal (20) days after service oj~'yr ~e/~ntry of judgment of non pros. //~/~ E~g~at~re of appellant or his attorney or agent appellee(s) Name o f appellee ($) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within thi~ time; a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by.mail is.the date of mailing. AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing ',he notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF. ; ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein o~ (date of service) , 19 , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ................................. on 19__[] by personal service [] 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 [] by personal service [-~ by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF. 19__ Signature of affiant Signature of official before whom affidavit was made Title o f official My commission expires on , 19 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~ERI.~h_RD Mag. Dist. No.: 09-1-01 DJ Name: Hon. CHARLES A. CLENm~, ~d,ess: 400 BRIDGE STREET OLDE TOWNE COMMONS NEW CUMBERLAND, PA Telephone: (717) 774-5989 - SUITE 17070 ATTORNEY DEF PRIVATE JEFFREY CLARKESQ 508 N. SECOND ST P.O. BOX 845 HARRISBURG, PA 17108 3 NOTICE OF JUDGMENT/TRANSCRIPT P iN-r,FF/J UDGME ASE 2236 OLD GETTYSBURG RD. CAMP HILL, PA 17011 L. VS. DEFENDANT/JUDGMENT C~v~l~ laTnoO~ D R ESS I-BEIGH, DAN -I 2300 FOXFIRE MECHANICSBURG, PA 17055 Docket No.: CV-0000030-03 ] Date Filed: 1/2,~/03 THI.~ IS TO NOTIFY YOUTHAT: ........ 3udg. ment:- - ~ Judgment was entered for: (Name) r~ Judgment was entered against: (Name) in the amount of $ FOR * pT.~TNTiFF qq2 _ 1 o on: (Date of Judgment) 4/ln/n~ r--~ Defendants are jointly and severally liable. -'"]Damages will be assessed on: E~ This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ (Date & Time) Amount of Judgment $ 922.10 Judgment Costs $ 70.00 Interest on Judgment $ .00 Attorney Fees $ o 00 Total $ 992.10 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 THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROClaSS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED/I~I T[I'!E~IUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DE.B~R PA~'S I~I'FULL,.SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. '"-i:'~'~ ' "' ' ~. ~ . ,z, .. ~~.~ Date · · % ..,. '.. ~ , District Jus - II certify that this is a true and correct copy of the record of the proceedings containing the'judgment; Date ' '; District Justice My commission expires first Monday of January, 2008 . AOPC 315-03 SEAL PROOF OF SFP,~'.!~CE OF ~OTICE OF APPE/iL AND RULE TO F~LE .... (This ,c,,roo~' ~f ~r,,,,ce M( tqT [?[:7 FiLb'D W!T~t/IV TE'~! ~ :' i' ,?,Y,'_' ,",, 7,'-'..': ",:5~ "~e ~c:~;,~'~ ~- . vr ,~, :"."~,? ~ ~¥.~',/,c:,able bo;~.es) COMMONWEALTH OF PEi~NSYLVANIA ,~:o~:',~" ,~? Dauphin _.. 03-2281 Civil Term ~b~/o its attorney, e Oesterling May 14 ~03.. . _ _ ...... ~ :~,~ q.~', .... ~ ~end~',' ~-~cr~ nr ~,~ach~¢ h~-o*, mall, s~llcJer's rece. DI att3¢! led t¢ereto. SWORN (AFFIRMED) AND SUBSCRIBE[.) B~FoRE ME May14, ~03_ ~] hv p,. ,-,ai ,¢,'v,o: X ., Barbara S taf ford, Signature of affiant Legal Assistant T)tle o! official Mv C(~ITIIDiSSiOII expires o:'~ NOYARIAL SEAL Ic, OF HA. ffi~U"6, DAUPHIN COUNM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL - '- FROM DISTRICT JUSTICE JUDGMENT 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 below. Hechanicsburg PA ! 7055 ? eaoyne Auto Service v. Beigh, Dan CLAIM NO. cv 19 LTl9 CV-0000030-03 This block will be signed ONLY when this R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the a SUPERSEDEAS to the judgment for possession in this case. notation is required (r~' Pa. If appel/ant was Claimant District Justice, will operate as No. I001(6) in act/on before MUST FiLE A COMPLAINT Signature o f Pro thono tary or Deputy (see Pa. R.C.P.J.P. District Justice, he within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sect/on of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(?)/n action before D/strict Justice. /F NOT USED, detach from copy of not/ce of appeal to be served upon appellee). PRAECIPE: To Prothonotary Lemoyne Auto Service Enter rule upon , appellee(s), to file a complaint in this appeal (Common Pleas NoO~ -M3,*~~'~1 t(.,); L / ~twenty (20) days after service ¢)f/d~o ry of judgment of non pros. . / ~7/[~j'[ ~ig'r~ature of appellant or his attorne~ or agent RULE: To ,,Lemoyne Auto Serv:[ce Name of appellee{s) , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file. a-complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ~h ' ' ' ~ (3) The date of service of this rule if servi'c~ was.by mail is t edateo, maJling. ~..~q,,~a~/'~.' ~l~,t::~j~ ~i' ..~.; ...... ':~~;i' /' .. ' '," :" ,' ' g.i.M/<i:. .i. ~"~_~~ Date:. .,.. ,: . . . "-' ~ '~ ~ . Sign~ure 03 ProthonotSry o~ De'~y AOPC 312-90 COURT FILE ru postage ~-~ Certified Fee r-'l Return Reciept Fee I'-1 (Endorsement Required) r'l Restr cted Delivery Fee ~--~ (Er~lorsement Requ red) ..-r Fa Total Postage & Fees postmark Here I'~ ru [:3 ._D ITl I1J Postage Certified Fee Return Reciept Fee (Endorsement Required) r'-I Restricted Delivery Fee ~ (Endorsement Required) postmark Here LEMOYNE AUTO SERVICE, Plaintiff V, H. DANIEL BEIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2281 CIVIL TERM CIVIL ACTION - LAW PETITION OF D~FI~NDANT TO ~ONROLII~AT~ AID-TII~N.,; AND NOW, comes the Defendant, H. Daniel Beigh, by and through his attorneys, Wix, Wenger & Weidner, and files this Petition to Consolidate Actions pursuant to Pa.R.Civ. P. No. 213(a), stating the following in support: 1. Defendant, H. Daniel Beigh, initiated this action upon the filing of an appeal from a judgment entered by District Justice Charles A. Clement, Jr. 2. There is currently pending in this Court an action captioned H. Daniel Beigh v. Lernoyne Auto Service, docketed to number 03-2234 Civil Term, which Plaintiff initiated upon the filing of an appeal from a judgment entered by District Justice Charles A. Clement, Jr. in favor of Defendant and against Plaintiff. 3. In this action, Plaintiff seeks to recover from the Defendant money owed for services rendered for vehicle repair. 4. In the action docketed to number 03-2234 Civil Term, Defendant seeks to recover from the Plaintiff money owed for damages caused to Defendant's vehicle by Plaintiff. 5. In both cases, the claims, issues, defenses, questions of law and fact, discovery, witnesses and all evidence presented in the cases will be identical. Both cases arise out of the alleged repairs and damages done to the vehicle. Absent consolidation, the issues in each case will need to be litigated twice, and the POSsibility exists for inconsistent verdicts in these cases. The consolidation of these two actions will not prejudice the Substantial rights of any of the part/es. To the contrary, the consolidation of these two actions will be in the best interests of the Part/es and will allow the Court to resolve all potential conflicts at one trial. 10. The undersigned certifies that Lee E. Oesteding, Esquire, attorney for Plaintiff, Lemoyne Auto Service, consents to the consolidation of these actions. WHEREFORE, Plaintiff respectfully requests that this Honorable Court order this case and case number 03-2234 Civil Term, consolidated for all purposes. Date: [.~/.~/O,....~ Respectfully Submitted, WIX, WENGER &.W~=iDNER By: · P.O. Box 845 eet Harrisburg, PA 17108.0845 (717) 234-4182 Attorneys for Defendant F:\scw\0890. Beigh, Daniel\12243. District Justice Acti°n\Documents\PETiTlON TO CONSOLIDATE.doc 2 LEMOYNE AUTO SERVICE, Plaintiff V. H. DANIEL BEIGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2281 CIVIL TERM : : : : CIVIL ACTION - LAW CERTIFIC.~TF ~F fiFRVIC~ I hereby certify that the foregoing Petition to Consolidate Actions was sent by first class mail, postage prepaid this day to the following: Lee E. Oesterling, Esquire 22 South Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff Respectfully Submitted, WIX, WENGER & WEIDNER Date: By · man, Le~',~Assistant 508 North Second StrUt P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff LEMOYNE AUTO SERVICE, Plaintiff V, H. DANIEL BEIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2281 CIVIL TERM CIVIL ACTION - LAW AND NOW, this //,,' day of ~-- ,2003, upon consideration of the Defendant's Petition to Consolidate Actions and the consent of Plaintiff, Lemoyne Auto Service, thereto, it is hereby ORDERED that this case and case number 03-2234 Civil Term are hereby consolidated pursuant to Pa.R.Civ. P. No. 213(a), and that these cases shall proceed jointly under the docket number of this case, 03-2281 Civil Term. By the Court: Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LEMOYNE AUTO SERVICE : Plaintiff, : : No. 03-2281 C1VILTERM : CWIL ACTION - LAW H. DANIEL BEIGH : Defendant : NOTICE YOU HAVE BEEN SUED IN COURT. I fyou 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 requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LEMOYNE AUTO SERVICE : Plaintiff, : : No. 03-2281 CWILTERM : CIVIL ACTION - LAW H. DANIEL BEIGH : Defendant : COMPLAINT AND N OW, comes the Plaintiff, Lemoyne Auto Service, by and through its Attorney, Lee E. Oesterling, Esquire, and in support of this Complaint avers as follows: 1. Plaintiff, Lemoyne Auto Service, by and through its representative, Stanley M. Deimler, Jr., is located at 2236 Old Gettysburg Road, City of Camp Hill, Commonwealth of Pennsylvania, 17011. 2. Defendant, H. Daniel Beigh, resides at 2300 Foxfire Circle, City of Mechanicsburg, Commonwealth of Pennsylvania, 17055. 3. Venue is proper under Pa.R. Civ. P. No. 1006(a). 4. Them is currently pending in this Court an action captioned H. Daniel Beigh v. Lemoyne Auto Service, docketed to number 03-2234 Civil Term, which Plaintiff initiated upon the filing of an appeal from a judgment entered by District Justice Charles A. Clement, Jr. 5. Plaintiff alleges that on or mound May 26, 2001, Defendant brought his 1969 Chevy Camaro to Plaintiff's place of business. 6. PlaintiWs representative offered to perform services on Defendant's said vehicle in consideration of monetary compensation. 7. Defendant orally agreed to pay PlaintiWs representative in consideration of services rendered to the said vehicle. 8. Over the course of approximately one month, Plaintiff through its representatives performed $922.10 of services and improvements on Defendant's said vehicle. 9. Upon completion of said services, Defendant returned to PlaintiWs place of business and took his vehicle without paying. 10. Plaintiffmailed an invoice to the Defendant for the said amount by first class mail after said services were rendered, a tree and correct copy of which is attached hereto, marked as "Exhibit A," and incorporated by reference thereto. 11. Defendant did not respond to this invoice. 12. Plaintiff then mailed Defendant a copy of the invoice for the said amount by certified mail to his residence, which was received and signed by Defendant on June 11, 2002, a tree and correct copy of which is attached hereto, marked as "Exhibit B," and incorporated by reference thereto. 13. Defendant refused to pay and has not since paid for services rendered by Plaintiff. COUNT 1 14. The prior averments of this Complaint are incorporated herein by reference thereto. 15. A valid contract existed between Plaintiff and Defendant. 16. Plaintiff substantially or completely performed its contractual obligations and duties. 17. Defendant breached his contractual duty by refusing to compensate Plaintiff for said services rendered. WHEREFORE, P laintiffr espectfully requests t he court grant him damages in the amount of $922.10 for services provided, plus attorney's fees, court costs, and accrued interest. .COUNT 2 18. The averments in paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 19. In the alternative, Defendant would be unjustly enriched if permitted to retain the benefits of Plaintiff's services without making fair compensation. WHEREFORE, Plaintiff respectfully requests the court grant him damages in the amount of $922.10 for services provided, plus attorney's fees, court costs, and accrued interest. LEE E. OESTERLING & ASSOCIATES, LLC //Lee E. Oestening, t.'TOT~ 71320 / Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 V~,R IFTC A TION I verify that upon personal knowledge or information and belief 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.C.S. § 4904, relating to unswom falsification to authorities. M. Deimler, Jr. Date: Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LEMOYNE AUTO SERVICE Plaintiff, H. DANIEL BEIGH Defendant No. 03-2281 CIVIL TERM CIVIL ACTION - LAW ACCEPTANCE OF~ERVICE I accept service of the Complaint on behalf of the defendant, H. Daniel Beigh, and certify that I am authorized to do so. 508 l, lr~-~-k ~,-n~t ~-'J-,:,~e. }.l~rr'i~h~rg; VA 17101 MAILING ADDRESS STANLEY M. DEIMLER, JR., D/B/A LEMOYNE AUTO SERVICE, Plaintiff V. H. DANIEL BEIGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2281 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD TO: Plaintiff, Stanley M. Deimier, Jr., d/b/a Lemoyne Auto Service, by and through Lee E. Oesterling, Esquire, 42 East Main Street, Mechanicsburg, Pennsylvania 17055. YOU ARE HEREBY NOTIFIED to plead to the within New Matter and Counterclaim within twenty (20) days from service hereof, or a default judgment may be entered against you. DATE: Wix, Wenger & Weidner By: Jeffrey3. ~,l~r ~, I.D. #89277 508'l"4orth Sec )nd Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant STANLEY M. DEIMLER, JR., D/B/A LEMOYNE AUTO SERVICE, Plaintiff V, H. DANIEL BEIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2281 CIVIL TERM CIVIL ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendant, H. Daniel Beigh, by and through his Attorneys, Wix, Wenger & Weidner, and files this Answer to Complaint with New Matter and Counterclaim, stating as follows: 1. Admitted in part and denied in part. It is specifically denied that Stanley M. Deimler, Jr., is a representative of Lemoyne Auto Service, and strict proof is demanded. By the way of further answer, Plaintiff, Stanley M. Deimler, Jr., is an adult individual with a principal place of business at 2236 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff trades and does business under the name Lemoyne Auto Service. It is admitted that Plaintiff's business, Lemoyne Auto Service, is located at 2236 Old Gettysburg Road, Camp Hill, Pennsylvania 17011. 2. Admitted. 3. Plaintiff's paragraph 3 states a conclusion of law to which no answer is required. To the extent that an answer is required, the transaction between Plaintiff and Defendant took place in Cumberland County. 10. 11. 12. 13. Denied as stated. The action captioned H. Daniel Beigh v. Lemoyne Auto Service, docketed to number 03-2234 Civil Term, has been consolidated into this docket number pursuant to this Court's Order dated June 16, 2003. Denied as stated. Defendant brought his 1969 Chevy Camaro Z/28 (the "Vehicle") to Plaintiff in or about May 2001. The repairs were completed on or about May 26, 2001. Admitted. Admitted. Denied. it is specifically denied that Plaintiff performed $922.10 of services and improvements on the Vehicle and strict proof is demanded. Admitted in part and denied in part. It is admitted that Defendant retrieved the Vehicle from Plaintiff's place of business. For, the reasons set forth more fully in Defendant's New Matter and Countemlaim, which is incorporated herein by reference as if fully set forth, it is specifically denied that Defendant was obligated to make any payment to Plaintiff, and strict proof is demanded. Admitted. Admitted. Admitted. Admitted in part and denied in part. It is admitted that Defendant has not transferred any monetary amounts to Plaintiff. For, the reasons set forth more fully in Defendant's New Matter and Countemlaim, which is incorporated herein by reference as if fully set forth, it is specifically denied that Defendant was obligated to make any payment to Plaintiff, and strict proof is demanded. COUNT 1 14. Paragraphs 1 through 13 hereof are incorporated herein by reference as if fully set forth. 15. Admitted. 16. Plaintiff's paragraph 16 states a conclusion of law to which no answer is required. To the extent that an answer is required, it is specifically denied that Plaintiff substantially or completely performed his contractual obligations and duties, and strict proof is demanded. 17. Plaintiff's paragraph 17 states a conclusion of law to which no answer is required. To the extent that an answer is required, for the reasons set forth more fully in Defendant's New Matter and Counterclaim, which is incorporated herein by reference as if fully set forth, it is specifically denied that Defendant was obligated to make any payment to Plaintiff, and strict proof is demanded. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, and grant such other relief as this Court deems just and appropriate. COUNT 2 18. Paragraphs 1 through 17 hereof are incorporated herein by reference as if fully set forth. 19. Plaintiff's paragraph 19 states a conclusion of law to which no answer is required. To the extent that an answer is required, it is specifically denied that Plaintiff provided any benefit to Defendant demanded, and strict proof is demanded. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, and grant such other relief as this Court deems just and appropriate. NEW MATTER AND COUNTERCLAIM 20. Paragraphs 1 through 19 hereof are incorporated herein by reference as if fully set forth. 21. Plaintiff, Stanley M. Deimler, Jr., is an adult individual with a principal place of business at 2236 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff trades and does business under the name Lemoyne Auto Service. 22. In or about May 2001, Plaintiff and Defendant entered into an oral agreement, pursuant to which Plaintiff agreed to perform services on the Vehicle, and Defendant agreed to pay Plaintiff for the proper performance of such services (the "Agreement"). 23. The Agreement constituted a legally binding contract between Plaintiff and Defendant. 24. The Vehicle had only 1,000 miles on a professionally rebuilt engine, and was in excellent condition. 25. Plaintiff was to perform the following: a. state inspection; b. change oil and filter; c. remove the 4:56 ring and pinion gears and install 4:10 ring and pinion gears with shim kit and positraction gear oil; d. remove transmission and install speedometer drive gear on transmission tail shaft; e. remove oil pan, rear main bearing gap, and rear main seal, and install rear main seal, oil pan gasket and oil pan bolt set; and f. replace left rear wheel 26. Plaintiff, by and through his employees, failed to properly install the 4:10 ring and pinion gears after two separate attempts. 27. Plaintiff, by and through his employees, failed to properly install the rear main seal, oil pan gasket and oil pan belt set. 28. It is believed and therefore averred that Plaintiff's failure to properly install the rear main seal, oil pan gasket, and oil pan belt set caused oil to leak into the bell housing, which damaged the clutch, pressure plate and fly wheel. 29. Plaintiff used RTV silicone gasket sealer in the installation of the rear main seal, oil pan gasket and oil pan belt set. 30. It is believed and therefore averred that excess sealant became lodged in the oil pump pick-up tube, which dropped the oil pressure, causing the engine to run hot, burning through the number 4 piston, and causing damage to the bearings, cylinder wall and camshaft. 31. Plaintiff's vehicle repair service was not performed properly, in a good workmanlike manner or in accordance with usual standard of such service. 32. Plaintiff had an obligation to service the Vehicle properly, in a good workmanlike manner and in accordance with usual standards of such service. 33. Plaintiff breached his obligations under the Agreement. 34. As a result of Plaintiff's breach of the Agreement, Defendant has been damaged and has been and will be required to have the Vehicle properly repaired. 35. Defendant expects the total cost of such repair to be at least $5,667.21. 36. At the time Defendant took his vehicle for repair by Plaintiff, he had an agreement to sell the vehicle for $50,000.00. 37. Due to the damage caused to the vehicle by Plaintiff, Defendant was obligated to return a deposit of $5,000.00 and pay a cancellation penalty of $1,000.00. 38. Had Plaintiff performed properly, in a good workmanlike manner, and in accordance with usual standards of such service, Defendant would not have suffered the losses set forth above. 39. Defendant's losses are the direct result of Plaintiff's failure to perform properly, in a good workmanlike manner, and in accordance with usual standard, of such service. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiff, and grant him damages in the amount of $6,667.21, plus the costs of this action and such other relief as this Court deems just and appropriate. Respectfully Submitted, Wix, Wenger & Weid,/~'er BY:jeffr~/~.-C~.r~ I.D. #89277 5081ffidrth Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant F:~scw\0890 - Beigh, Daniel~12243 - District Justice Action\Docurnents\ANSWER WITH COUNTERCLAIM,doc VERIFICATION I, H. Daniel Beigh, Defendant in the foregoing Answer to Complaint with New Matter and Counterclaim, have read the foregoing Answer to Complaint with New Matter and Counterclaim and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Answer to Complaint with New Matter and Counterclaim are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: H. Daniel Beigh STANLEY M. DEIMLER, JR., D/B/A LEMOYNE AUTO SERVICE, Plaintiff V. H. DANIEL BEIGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 03-2281 CIVIL TERM : : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Answer to Complaint with New Matter and Counterclaim was sent by first class mail, postage prepaid this day to the following: Lee E. Oesterling, Esquire 42 E. Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Wix, Wenger & Weidner DATE: Alison A. 2~(~rth~r{, Le~;~i Assistant 508 North Second StrUt P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DE1MLER, JR., DfB/A LEMOYNE AUTO SERVICE, Plaintiff, H. DANIEL BEIGH Defendant : No. 03-2281 CIVILTERM : C1VIL ACTION - LAW ANSWER TO NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, Stanley M. Deimler, Jr. D/B/A Lemoyne Auto Service, by and through his Attorney, Lee E. Oesterling, Esquire, and in support of this Answer to New Matter and Counterclaim avers as follows: 20. Paragraphs 1 through 19 of Defendant's Answer to PlaintifFs Complaint and New Matter and Counterclaim are incorporated herein by reference thereto. 21. Admitted. 22. Admitted. 23. Admitted. 24. Plaintiff lacks knowledge or information sufficient to form a belief as to the truth of the averment in paragraph 24 and it is therefore denied and strict proof is demanded. 25. Admitted in part and denied in part as set forth below: a. Admitted. b. Admitted. 26. c. Admitted. d. Admitted. e. Admitted in part and denied in part. It is admitted that Plaintiffwas required to remove the oil pan, rear main bearing gap, and rear main seal, and to install the rear main seal and oil pan gasket. It is denied that Plaintiff was to install the oil pan bolt set. f. Denied. It is specifically denied that Plaintiffhad a contractual duty to replace the lefi rear wheel on the vehicle. Defendant's paragraph 26 states a conclusion of law to which no answer is required. To the extent that an answer is required, it is denied that the Plaintiff, by and through his employees, failed to properly install the 4:10 ring 27. 28. and pinion gears. Defendant's paragraph 27 states a conclusion of law to which no answer is required. To the extent that an answer is required, it is denied that the Plaintiff, by and through his employees, failed to properly install the rear main seal, oil pan gasket and oil pan belt set. Defendant's paragraph 28 states a conclusion of law to which no answer is required. To the extent that an answer is required, it is denied that Plaintiff, by and through his employees, failed to properly install the rear main seal, oil pan gasket and oil pan belt set, and it is further denied that Plaintiff, by and through his employees, caused any damage to the vehicle. 29. Denied in part and admitted in part. Plaintiff admits that he did use a very moderate amount of RTV silicone gasket sealer on the oil pan gasket, but denies that he used it on the rear main seal. 30. Plaintiff lacks knowledge or information sufficient to form a belief as to the troth of the averment in paragraph 30 and it is therefore denied and strict proof is demanded. 31. Defendant's paragraph 31 states a conclusion of law to which no answer is required. To the extent that an answer is required, it is denied that the Plaintiff's vehicle repair service was not performed properly, in a good workmanlike manner or in accordance with usual standards of such service. 32. 33. 34. Admitted. Defendant's paragraph 33 states a conclusion of law to which no answer is required. To the extent that an answer is required, it is denied that the Plaintiff breached his obligations under the agreement. Defendant's paragraph 34 states a conclusion of law to which no answer is required. To the extent that an answer is required, it is denied that the Plaintiff breached his obligations under the agreement. Further, Plaintifflacks knowledge or information sufficient to form a belief as to the troth of the averment in paragraph 34 regarding repairs that will be required to be made to the vehicle in the future, and it is therefore denied and strict proof is demanded. 35. 36. 37. 38. 39. Plaintiff lacks knowledge or information sufficient to form a belief as to the truth of the averment in paragraph 35 and it is therefore denied and strict proof is demanded. Plaintiff lacks knowledge or information sufficient to form a belief as to the truth of the averment in paragraph 36 and it is therefore denied and strict proof is demanded. Plaintiff lacks knowledge or information sufficient to form a belief as to the truth of the averment in paragraph 37 and it is therefore denied and strict proof is demanded. Defendant's paragraph 38 states a conclusion of law to which no answer is required. To the extent that an answer is required, it is denied that the Plaintiff did not perform the services to the vehicle in a good workmanlike manner in accordance with the usual standards of such service. Defendant's paragraph 39 states a conclusion of law to which no answer is required. To the extent that an answer is required, it is denied that the Plaintiff did not perform the services to the vehicle in a good workmanlike manner in accordance with the usual standards of such service. Because the Plaintiff denies the averment that he did not perform the services to the vehicle in a good workmanlike manner in accordance with the usual standards of such service, Plaintiff denies that any loss to Defendant is a result of Plaintiff s failure to perform properly. WHEREFORE, Plaintiff respectfully requests that the Court grant him damages in the amount of $922.10 which was alleged in the Complaint, in addition to attorney's fees, court costs, accrued interest, and other relief that this Court grants just and appropriate. Respectfully Submitted, LEE E. OESTERLING & ASSOCIATES, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 yF.R ~FIC A I verify that upon personal knowledge or information and belief that the statements made in this Answer to New Matter and New Matter Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date:_ Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STANLEY M. DEIMLER, JR., DfB/A LEMOYNE AUTO SERVICE, Plaintiff, H. DANIEL BEIGH Defendant : No. 03-2281 CIVIL TERM : : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Answer to New Matter and Counterclaim was sent by first class mail, postage prepaid, to Defendant's Counsel at the following address: Jeffrey C. Clark, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Lee E. Oesterling & Associates, LLC DATE: Mailed By~ Ben Johns, Legal 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: L~''u~ ~' 0 ~%~'C~',.CI NI ~.~ , counsel for th~efendant in the above respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 6~ ;~ 7., ! ~ The counterclaim of the defendant in the action is ~/ ~ ~,-7, ~ I action (or actions), The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT ""~,.,~ ~'~¢r~, AND NOW, ~ ~/~/~ ff~/ , ~ ~. in con)~ation of the_ foregoingpetition,F,~ .: ~_ ~.~~:~'1'~-~/~'~ Esq., ~J~ aEcSt~gn~L p ~ff~fo~r.~ ~A~'~'~-~ ~ ¢~='~~Jfed ~/ ,Esq., are appointed arbitrators in the above captioneff action (or By the~ P.J. STANLEY M. DEIMLER, JR., d/b/a LEMOYNE AUTO SERVICE V. H. DANIEL BEIGH IN RE: ARBITRATION : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-2281 CIVIL TERM ORDER OF COURT AND NOW, December 15, 2003, the Court having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and James D. Hughes, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of By the Court, $50.00. James D. Hughes, Esquire Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road, Ste. 3 Carlisle, PA 17013 David Lopez, Esquire John Oszustowicz, Esquire Court Administrator ~._ ~ f~.~:~ SAIY MANN, Ht IGHES &FISHMAN, P.C. G. BRYAN SALZMANN, ESQ. JAMES D. HUGHES, ESQ. STEVEN J. FISHMAN, ESQ.. ANN F. DEPAULIS, ESQ. NORMA J. BARTKO, ESQ.* WILLIAM W. THOMPSON, ESQ.* MELISSA K. DIVELY, ESQ REBECCA R. HUGHES, ESQ. *ALSO ADMITTED TO MARYLAND BAR PARALEGAI..S[ PAMELA R. [{OLLINGER BARBARA J. MOSIOR LAURIE J. PORTER TRICIA L. 8ALLEY KAM $. CORNMAN ANGELA F. UNGER REPLY TO: 95 ALEXANDER SPRING ROAD ' SUITE 3 ' CARLISLE, PA 170~3 {717) 249-6333 FAX (717) 240-7334 455 PHOENIX DRIVE · SUD'E A · CI4AMBERSBURO, PA 17201 (717) 263-2121 FAX {717) 263-0663 105 NORTH FRONT STREET · SUITE401 · HARRISBURG. PA 17101 (717)232-9420 FAX (717) 232-1970 December 9, 2003 The Honorable Judge George E. Hoffer Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service v. H. Daniel Beigh No. 03-2281 Civil Term Dear Judge tloffer: Please be advised that I received verbal confirmation t?om counsel on November 26, 2003 that a settlement has been reached by and between the parties to the above captioned matter. As chairmm~ of the Board of Arbitrators, I cancelled the hearing scheduled for Wednesday, November 26, 2003 and am returning the file to the Court. Should you have any questions, please feel free to contact this office. Very truly yours, SALZMANN, HUGHES & FISHMAN, P.C. Jafncs D. Hughes, Esquire --"~/ .1DIUau Enc cc: File CONCENTRATIN(; IN ENVIRONMENTAl,, LANI) I )'SE, l?,t ISINESS, REAL I;,STATE, AND MI INICIPAL IAW