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HomeMy WebLinkAbout99-03034l? A :Z v zz e i1 H ® _. i STAIILCIN.C'OMPLAINT127AI'KII."/OISK I S BARRY K. STABLEIN, Plaintiff Vs. CALLEN-KINBACK, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999-..,;b?// CIVIL JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 BARRY K. STABLEIN, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW CALLEN-KINBACK ) Defendant ) NO. 1999 - .b3 y CIVIL JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, BARRY K. STABLEIN, by and through his attorney, Michael L. Bangs, Esquire, who files this Complaint of which the following is a statement: 1. Plaintiff, Barry K. Stablein, is an adult individual who resides at 126 North Fayette Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant, Callen Kinback, Inc., is a corporation organized and existing pursuant to the Pennsylvania Business Corporation Law and is located at 905 Market Street, Lemoyne, Cumberland County, Pennsylvania. 3. At all times relevant hereto, Defendant was an automobile repair service station. 4. On or about January 18, 1999, Plaintiff took his 1984 Ford LTD Crown Victoria to Defendant for the purpose of having his vehicle serviced and proceeded to authorize Defendant to make the repairs which Defendant recommended. 5. Defendant repaired and serviced Plaintiffs vehicle, which repair and service was represented to be necessary and include, without limitation, the replacement of the thermostat unit, installation of radiator hoses, installation of remanufactured water pump, and installation of valve cover gasket and intake gasket. 6. On or about January 20, 1999, Plaintiff paid Defendant $741.02 for the repair and service of his vehicle; a true and correct copy of the invoice itemizing work performed by Defendant is attached hereto and incorporated herein by reference as Exhibit A. 7. Plaintiff made no change to his vehicle after having his vehicle serviced by Defendant. 8. On or about January 21, 1999, while en route to Philadelphia, Pennsylvania, Plaintiff s car became overheated; smoke was coining out of his engine compartment; and his car lost all power. 9. The vehicle was required to be towed and Plaintiff was stranded. 10. Plaintiff was advised that the engine had become ruined because the thermostat was defective causing the vehicle to break down. 11. Accordingly, Plaintiff promptly contacted Defendant regarding his vehicle and specifically the repairs which Defendant had performed just the day before and was advised by Defendant that Defendant would make arrangements to have Plaintiffs car towed back to Defendant's service garage. 12. Plaintiffs contact to Defendant was prompt upon notice of the problem with Plaintiffs vehicle so that Defendant could make the necessary remedial repairs. 13. Plaintiff did not authorize any additional charges for towing or service by Defendant. 14. Defendant refused to repair or replace the defective thermostat or repair the engine which requires being replaced and has refused to release Plaintiff s car to Plaintiff. 1) 15. Plaintiff made arrangements to have his vehicle towed from the Defendant's premises so that he could have the necessary repairs performed by another service station. However, Defendant has illegally retained his vehicle and refuses to release his vehicle. 16. Plaintiff is under the medical attention of a physician for severe diabetes which has rendered him handicapped, and it is absolutely necessary that he has transportation. 17. As a result of Defendant's illegally retaining Plaintiff's vehicle, Plaintiff has incurred costs in obtaining another vehicle and incurred costs for the rental of a vehicle prior to the date that he purchased another vehicle. 18. Solely as a result of Defendant's negligent, reckless, and deceptive trade practices, Plaintiff has been stranded and without a vehicle and without the means to access his handicap placard. 19. Solely as a result of Defendant's negligent, reckless, and deceptive trade practices, Plaintiff will be required to expend and incur expenses in the amount of approximately $5,000.00, for the towing and repair of his vehicle. 20. Solely as a result of Defendant's negligent, reckless, and deceptive trade practices, and Defendant's illegally retaining Plaintiff's property, Plaintiff has incurred expenses and continues to incur additional expenses. COUNTI 21. Paragraphs 1 through 20 are incorporated herein by reference as though more fully set forth herein. 3 22. Defendant has committed unfair trade practices in violation of the Pennsylvania Unfair Trade Practice and Consumer Protection Law, such violations consisting of the following: A. Making repairs to Plaintiffs vehicle of a nature and quality inferior to that which was agreed upon by the parties; B. Representing to Plaintiff that repairs were necessary to Plaintiffs vehicle; C. Representing that repairs were made to Plaintiffs vehicle in a good and workmanlike manner; D. Installing a defective thermostat in Plaintiffs vehicle; E. Suggesting to Plaintiff, and creating a likelihood of confusion or misunderstanding, that Defendant would tow Plaintiffs vehicle to evaluate the defective thermostat and then refusing to repair the thermostat and replace the engine or allow Plaintiff to have access to his vehicle; F. Failing to remedy promptly, and at no additional charge, services which were improperly performed or due to a defective product. 23. Solely as a result of Defendant's unfair and deceptive trade practices, Plaintiff will be required to incur expenses in the amount of approximately $5,000.00 for the towing and repair of his vehicle. 24. Solely as a result of Defendant's unfair and deceptive trade practices, and particularly as a result of Defendant's unwillingness to return Plaintiffs vehicle to him in order to be repaired, Plaintiff has incurred costs for a replacement vehicle. 25. In addition to Plaintiffs actual damages, Plaintiff is entitled to receive treble damages and his costs and reasonable attorney's fees for Defendants' violation of the Unfair Trade Practice and Consumer Protection Law. WHEREFORE, Plaintiff demands judgment in his favor in an amount that is less than $25,000.00, thus this claim is submitted to mandatory arbitration. Said amount should include actual damages, treble damages, and reasonable attorney's fees. COUNT II. 26. Paragraphs 1 through 25 are incorporated herein by reference as though more fully set forth herein. 27. Defendant breached the warranty accompanying the thermostat and the repairs to Plaintiffs vehicle; such breach consisting of the following: A. Installation of defective parts; B. Installation of defective parts and faulty workmanship causing the thermostat valve to work improperly which ruined the engine; C. Failure to perform service and repair in a good and workmanlike manner; D. Failure to remedy promptly and at no additional charge the installation of a defective product. 28. Solely as a result of Defendant's breach of warranty and implied warranty of fitness, Plaintiff will be required to expend sums for the purpose of repair to his vehicle. 5 29. Solely as a result of Defendant's breach of warranty and implied warranty of fitness, Plaintiff has been without transportation and a handicap placard and has in the past and will in the future incur expenses for transportation which have been incurred in connection with this incident. WHEREFORE, Plaintiff demands judgment in his favor in an amount that is less than $25,000.00, thus this claim is submitted to mandatory arbitration, Said amount should include actual damages, treble damages, and reasonable attorney's fees. Respectfully submitted, C IK,i, MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION I hereby verify that the statements made in the foregoing 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 unswom falsification to authorities. Date: _1.30 l 9 `? ? '?`?.rr ?l?e? I BARRY K. STA ? 7 EXHIBIT A 7'IVVCJIC'E Y.1=7E3en, ri PAGE: (-)I F-= P4 ky:: I NEtA0k. I NC GOODYEAR TIRE CENTER 905 MARKET STREET LEMOYNE, PA 17043 (717)763-7557 01/ie/99 (:)I? 07-16 AM 03- NONSIGRR9 BILL TO: PARRY STABLEIN PO BOX 69 CAMP HILL. PA 17011 PHONE I.... .. PHONE 2...... DATE REDUESTED TIME RFOUESTED RETURN FARTS. SAI-ESMAN..... . OTTIER INFO... (717)796-6604 UNL. I S T ED I-il /16/99 NO IIII / 11) ANTIF'RE:E2E -45F. STATE I VEHICLERMODEL. LTD FCROWN VICTORIA LICENSE/SOTATTE. WPVE96 / PA ODOMETR IN/OUT 05412(1 / 504120 PRIOR INVOICE. 125334 NSPECTION DUE AUG 99 ACCOUNT I COB 535900001 2 TC CUSTI TYPE/STATE PAYMENT METHOD 01 1 2030 0 PA CASH SISM TECH PRODUCT CODE BC OTY DESCRIPTION 101 050 046-100 R I REFASTENED DIP STICKTUBE 101 050 057-271 R I UPPER RADIATOR HOSE 101 050 057-261 R I LONER RADIATOR HOSE IN -050 057-159 R I INSTALL RADIATOR HOSE 101 050 057-200 R I THERMOSTAT I BASKET 101 050 057-100 R 1 INSTALL THERMOSTAT { BASKET 101 050 047.666 R I REMANUFACTURED WATER PUMP 101 050 047.564 R I INSTALL WATER PUMP 101 050 0 70201 CHEMICALLY R I COOLING SYSTEM MAINTENANCE SERVICE ING COOLING L DD SY U T T C AP, INSPECT BELTS HOSES CORCTIONS AND CLAMPS. INSPECT WATERDPUMPIAFAN AND FAN CLUT CH; h P / LUBRI N APP RUST INHIBIITOR AND SEALANT. FILTER/CLEAR/RE7UVENATE INSTALL MP LICABLE. IF (ANT IFREE2E/SUMMER-W) NTER COOLANT ADDITIONAL CHARGE AS REDUIRE61 101 050 047-298 A I VALVE COVER GASKET 101 050 047-593 R I INSTALL VALVE COVER GASKET 101 050 047-200 R I INTAKE GASKET SET 101 050 047.100 R I INSTALL NEW INTAKE GASKETS- Y' f :f7NT I HUED NEXT.. F=' A(BE HAVE A QUESTION OR PROELEMT . " . . .. 1.11 ax .Ion n .pw, v,wl.,pwff/l,lp1MsAf%k • b?.Vi .. ".1d ynuM WHI".NI.I.^111M CUSIOMER ASSISTANCE LINE .. f-6U0.7i1.71?6 \ PARTS LDR/EXCISE LINE TOTAL AD 24.50 24.50 19.33 .00 19.33 25.75 ,00 25.75 .00 49.00 49.00 10.50 .00 10.50 .00 24.50 24.50 39,40 .00 39.40 .00 78.40 78.40 21.53 48.42 69.95 18.65 .00 18.65 .00 137.20 137.20 18.20 ;00- 18.20 .00 196.00 196.00 • cA<_E_?N' kc: a NialACFC x nXc GOODYEAR TIRE CENTER 905 MARKET STREET LEMOINE fSA 17043 (717)10-7557 INVOICE 01/18/99 01/2 CERTIFIED I a7(E36? i 07116 AM 03: 16 'I,AUTO SEHVICt TERFt : 53 PAGE: 112 NON G. 90535 t' 'SLSM TECH PRODUCT CODE BC DTY 'DESCRIPTION PARTS LBP/EXCISE LINE TOTAL 101 050 047-100 R 1 CLEAN DQNH E?8INE .00 24.50 24.50 101 050 046-100 R I- AAA DISCOUNT 195-PLUS0282617 .00 36.80 36.80- APPLY FOR A FREE GOODYEAR CREDIT CARD TODAY AND RECIEVE A FREE 12 PACK OF PEPSIN ASK SALEMEN FOR DETAILS. PARTS TOTAL........ 153.36 LABOR TDIAL.... ..,. 545.72 CASH AMOUNT........ 741.02 SUB TOTAL.......... 699.08 TAXABLE AMOUNT 699,08 SALES TAX.......... 41.94 CUSTOMER TZATION FOR TOTAL I N V C3 I C E T (:3 T A L-.. m. 7 Z+ 1- C.) F2 TREAD LIF... VVVVVV 7/32 TREAD R/F..... 7132 TREAD R/R..... 6132 TREAD LIR..... 513Z ALL PARTS ARE NEW (AFTER-MARKET REPLACEMENTS) UNLESS OTHERWISE SPECIFIED. SEV E r? S E S Nj? r MF OF:TANT SAF= ET E F2 E Y WArRN I N(; (9k 1.4'E lfts °i NF--OFD MAT I ON CUSTOMER ASSISTANCE TINE 1-600.321-2136 - ? ? ??? - ; ??, _, ` _ ,: ? -, --- ?.. ,:,? - ??_ ,?_ :; ? ' - C; ? iJ ?t..? 1 a ? ?? ?Jh (?? ?? ? i? `.? '`?? ? m N u ? r? V ??? .., 1 _ _ ti? ? ? v N ? E ? .7 p H a r o y W o a H n .i M a , U ? n N ti ? U SHERIFF'S RETURN - REGULAR CASE NO: 1999-03034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STABLEIN BARRY K _ VS. CALLEN-KINBACK INC RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon KINBACK-CALLEN INC the defendant, at 13:37 HOURS, on the 20th day of May 1999 at 905 MARKET ST LEMOYNE, PA 17043 CUMBERLAND County, Pennsylvania, by handing to JOHN KINBACK (PRESIDENT) a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 8.00 $3b-5Z-MICHA$L 05/24/1 b Sworn and subscribed o before me this day of tug_ 19? A.DI. I 11 II ?. So answers: BARRY K. STABLEIN, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW CALLEN-KINBACK, INC., ) Defendant ) NO. 1999-3034 CIVIL JURY TRIAL DEMANDED TO: CALLEN-KINBACK, INC. DATE OF NOTICE: June 21, 1999 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR. BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 ?JLL?l?P' MICHAEL L. BANGS Attorney for Plaintiff 302 South 180' Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 E I, C-4 : ?.. -. .FLU C? Cif (J BARRY K. STABLEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW CALLEN-KI 'BACK, INC. No. 1999-3034 CIVIL Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Barry K. Stablein c/o Michael L. Bangs, Esquire Attorney for Plaintiff 302 South 18°i Street Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Allen C. Welch, Esquire WIGBELS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 Telephone: (717) 221-0900 Fax: (717) 221-0904 Attorney I.D. No. 34962 ATTORNEY FOR DEFENDANT BARRY K. STABLEIN, Plaintiff V. CALLEN-KINBACK, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 1999-3034 CIVIL JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW comes the Defendant, Callen-Kinback, by and through their attorney, Allen C. Welch, Esquire, of Wigbels and Welch, and files the this Answer to the Complaint, respectfully representing as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. The Defendant is without knowledge such as to allow him to respond to this statement. 8. The Defendant is without knowledge such as to allow him to respond to this statement. 9. The Defendant is without knowledge such as to allow him to respond to this statement. 10. It is denied that the Defendant advised Plaintiff that the engine had become ruined because of the thermostat; the Defendant is without knowledge as to whether or not any other party may have made such a statement to the Plaintiff. ll. Admitted. 12. Admitted. 13. Denied. In fact, the agreement reached at the time Plaintiff contacted Defendant was that the Defendant would arrange for the vehicle to be towed to his service facility, and, if the failure of the vehicle was the result of the work of the Defendant, then the Defendant would bear the costs of towing; if a determination was made that the damage to the vehicle was not a result of the work of Defendant, Plaintiff was to be responsible for the towing expense. 14. It is admitted that Defendant refuses to repair or replace the thermostat or the engine, and it is further admitted that Defendant has refused to release Plaintiffs car to Plaintiff; it is denied that the thermostat installed by Defendant is or was defective. 15. It is admitted that Defendant has refused to release Plaintiff s vehicle; it is denied that the vehicle is being retained illegally, as it is subject to a Garageman's lien. Defendant is without knowledge as to the remainder of this paragraph such as to be able to respond to it. 16. The Defendant is without knowledge such as to allow him to respond to this statement. 17. The Defendant is without knowledge such as to allow him to respond to this statement. IS. It is denied that Defendant has been negligent, reckless, and/or deceptive in his trade practices; further, Defendant is without knowledge as to whether or not Plaintiff has been stranded and without a vehicle and without the means to access his handicapped placard such as to be able to respond to that statement. 19. _ It is denied that Defendant has acted negligently, recklessly, and/or deceptively in his trade practices; further, Defendant is without knowledge as to whether or not Plaintiff has incurred or will incur expenses of any amount for the towing and repair of his vehicle. 20. It is denied that Defendant has acted negligently, recklessly, and/or deceptively in his trade practices; further, Defendant is without knowledge as to whether or not Plaintiff will incur any additional expenses. COUNT I 21. This is not a statement of fact to which the Defendant can respond. 22. It is denied that Defendant has committed unfair trade practices, it is specifically denied that subparagraphs a, b, c, d, e, and f are true. By way of clarification, it is admitted that Defendant represented that repairs were made to Plaintiffs vehicle in a good and workmanlike manner, that Defendant, through his employee suggested that Defendant would tow Plaintiffs vehicle to evaluate the mechanical problems and that Plaintiff would repair or replace any damage or defect caused by them. 23. The Defendant is without knowledge such as to allow him to respond to this statement. 24. The Defendant is without knowledge such as to allow him to respond to this statement. 25. It is admitted that Plaintiff is entitled to receive treble damages and his costs and reasonable attorney's fees under the Unfair Trade Practice and Consumer Protection Law, but it is denied that any violation of the law has occurred. WHEREFORE, Defendant prays that the Plaintiffs claim be denied. COUNT 11 26. This is not a statement of fact to which the Defendant can respond. 27. Denied in all parts. 28. The Defendant is without knowledge such as to allow him to respond to this statement. 29. The Defendant is without knowledge such as to allow him to respond to this statement. WHEREFORE, Defendant prays that the Plaintiffs claim be denied. NEW MATTER 30. When contacted by Plaintiff soon after the alleged failure of his vehicle, Defendant, upon authorization of the Plaintiff, arranged to dispatch a tow truck from Lemoyne, Pennsylvania to Philadelphia to take custody of the vehicle and return it to Lemoyne. The agreement reached orally between Plaintiff and Defendant was that the Defendant would bear the costs of that tow only if it was determined that the problems with the automobile were a result of the repair work of the Defendant. 31. Defendant has incurred a towing bill of two hundred thirty-one dollars and eighty- five cents ($231.85). 32. Defendant has determined that the thermostat in question is and was properly. operable and correctly installed, and denies any liability for the problems Plaintiff has with his automobile. WHEREFORE, Defendant demands judgment in his favor in the amount of two hundred dollars ($200.00). Respectfully submitted: ?Allen C Welch, Esquire WIGBELS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 Telephone: (717) 221-0900 Fax: (717) 221-0904 Attorney I.D. No. 34962 ATTORNEY FOR DEFENDANT Dated: BARRY K. STABLEIN, Plaintiff V. CALLEN-KINBACK, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 1999-3034 CIVIL JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in the foregoing document 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: _q2qq?_ M e t i i i BARRY K. STABLEIN, Plaintiff V. CALLEN-KINBACK, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 1999-3034 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Allen C. Welch, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Michael L. Bangs, Esquire 302 South I8's Street Camp Hill, PA 17011 Dated: llen C. Welch, Esquire ?? 1. ?Y L? ??? ??? ??' X11: . ?.? i ;1•-, •?l 1. : ? l '-. ?, 1 1 1"`. .,. f_- ).'. i ? ? o "( `V yja N {U OA C mx•- r?Sx BARRY K. STABLEIN, Plaintiff V. CALLEN-KINBACK, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 1999-3034 CIVIL JURY TRIAL DEMANDED PRAECIPE FOR DEFAULT' JUDGMENT TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 1037(b), please enterjudgment in favor of the Defendant in the amount of two hundred dollars ($200.00), as sought by the New Matter raised by Defendant against Plaintiff. The Answer and New Matter were properly served upon counsel for Plaintiff on July 29, 1999 by first class mail addressed to his office. No responsive pleading has been filed. I certify that a Notice, required by Pa.R.C.P. 237.1(a)(2) was served upon Plaintiffs counsel by first class mail on October 6, 1999, addressed to his office at 302 South 18'" Street, Camp Hill, Pennsylvania, 17011. Copy of that notice is presented herewith. 2aki cc e WIGBELS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 Telephone: (717) 221-0900 Fax: (717) 221-0904 t, Attorney I.D. No. 34962 Dated/ of October, 1999 ATTORNEY FOR DEFENDANT I ?1.?. •. Cam. __ i C b ? BARRY K. STABLEIN, Plaintiff v. CALLEN-KINBACK, INC. Defendant TO: BARRY K. STABLEIN DATE OF NOTICE: October 5, 1999 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 1999-3034 CIVIL JURY TRIAL DEMANDED IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvani 7013 (717) 240-Q00 n Allen C. Welch, Esquire WIGBELS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 Telephone: (717) 221-0900 Fax: (717) 221-0904 Attorney I.D. No. 34962 ATTORNEY FOR DEFENDANT i ['-. JI'1 I^ ??'111 Q (Jl CD BARRY K. STABLEIN, Plaintiff V. CALLEN-KINBACK, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 1999-3034 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Allen C. Welch, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 Dated: ?4 5 m - Allen Allen C. Welch, Esquire CORRECTION Previous Image Refilmed to Correct Possible Error BARRY K. STABLEIN, Plaintiff V. CALLEN-KINBACK, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 1999-3034 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Allen C. Welch, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Michael L. Bangs, Esquire 302 South 18a' Street Camp Hill, PA 17011 G ? Allen C. Welch, Esquire Dated: (? v'? 5 G_ ._i h li_ 1f; 1- CJ U'1 r) r) _j r- C*9 nl IJ r L II..? Ly ? ? ? V I. P. cj Z, J` W Z ykj w -0 ^: O C4 m V d 2 Z 30= WIGBELS & WELCH 1400 North Second Street Hard,bur0, PA 17102 717/221.^.^0,.^ VS. Ca1161-kill dack, c. l 3qp",du?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, CIVIL 19,79 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: A11,691', ?" 6' ?SY r ?, counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: at: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $_/ 57 ?1 daa Z5r a e? The counterclaim of the defendant in the action is -..t ZOO o o - E dw?,l as d????4L'` The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators? _Saun?? R, ??sdoDeufOS, Alta. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, ilk zcG??t lv /S ---y-= 19Z,--, in consideration of the foregoing petition, C ?Lt • ' Esq., ??-- Esq., and actions) as prayed for. Esq., are appointed arbitrators il?t p above captioned action (or . % P.J. 4 ? CV F• _ ?y LL i ? Clb f 1 ? U i .. LL? 7 z U m G? i Li of c?1 U' Al AIRI'.III AN1WI'.11111 NEW AIAM:WJVI.A' 1619T1416A 11 BARRY K. STABLEIN, ) IN THE COURT OP COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW CALLEN-KINBACK, INC., ) Defendant ) NO. 1999-3034 CIVIL JURY TRIAL DEMANDED ANSWER TO NEW MATTER 30. Denied. It is specifically denied that there was any oral agreement between Defendant and Plaintiff concerning the towing of the vehicle. It is averred that Plaintiff contacted Defendant because Defendant was responsible for the breakdown of the vehicle, and Defendant agreed to tow the vehicle back at its own cost. 31. Denied. After reasonable investigation, Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 32. Denied. After reasonable investigation, Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. WHEREFORE, Plaintiff demands judgment against Defendant in accordance with the request for relief in Plaintiffs Complaint. Respectfully submitted, AA 10.; 2.. MICHAEL L. BANGS 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court 1D 441263 5TAOLLIN ANSWI:N TO NI! W MARLIVIOLV V, W'I411INK 17 R CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Answer to New Matter by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Allen C. Welch, Esquire Wigbels & Welch 1400 North Second Street Harrisburg, PA 17102 DATE: I a " 3- q q ? WENDY L. B IS T Paralegal 3 In The Court of Common Pleas of Cumberland County, Pennsylvania No. 30 3 . - . C,(LLF_AI Ki ,U 6? CK,T?JLi. ) ? i OATH We do solemnly swear (or affirm) that we the Constitution of the United State d will support, obey and defend s an the Constitution of this Common- wealth and that we will discharge the dutie f s o ou r office with fidelity. ? ) Lr> C" '.- ,t= ;_ < a rman ? J T?i;? AWARD o- r ?Y?j p tU L 'Qe, tie dersigned arbitrators, having b (or affirmed) make the foll i een duly appointed and sworn , ow ng award: (Note: If damages for delay are awarded, they shall be separately stated.) L C i /?D 2 nl y A ?D2 m r 0F-68_MQ4-nor 0"11 7, 4; T irFS C. Z,4 i,,Yt 4V.O , 1416- ,-N4 i!l PC "JriFG (P/? 4Qrl*Yr;1104t/rs G112iM i d 1 - ' . 1 a1 ),n47? 15 Ge, W151 r-,,Vj ,4/o V4-?,,v, G?4/Ut GCi s,AN; Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: -3/7/0 0 Date of Award: NOTICE O''F// ENTRY OF AWARD Now, the /v day of /??' t^/ "mil L? award was entered upon the docket and notice ",hereoftgiv nIb?fil toetheove parties or their attornevs. Arbitrators' compensation to be paid upon ypeal: $ 91° _ c ?p e?ti I Zd ??i S? ??r rN? c.JJa'?z ?-a?c? ???x-?l c(5(?.; f i m