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HomeMy WebLinkAbout08-0464rnMMnNWFALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. ©56" 76 "1 LOIJ 4c rM 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT 1 "-" "'""- -- ----" Liberator Performance 09-2-01 Hon. Paula P. Correal ` ADDRESS OF APPELLANT CITY -1c 1970 Spring Road Carlisle PA 17013 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) 1/16/08 Shane Gilbert V5 Liberator Performance SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT CV-0000189-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy 141-?41LL-V If appellant was (see Pa. P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Shane Gilbert appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. C?-vj' fe/within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signatu appellant or attorney or agent RULE: To Shane Gilbert appellee(s) Name of 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. 7 Datel-11. 200 o l natur Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 .. i??7 C?.:'? .?__J ?S f ?' ?.? t ?.'7 ?f_, '^?? ? ? ??? (( 1 _ ? l _r\ ? ' `. _ ` ? is --? ;_41 ?.: , ?' ? O W a T n Q S' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CMMERLAND Mag. Dist. No.. 09-2-01 MDJ Name: Hon. PAULA P. CORREAL Address: 2260 SPRING RD SUITE #3 CARLISLE, PA Telephone: (717 218-5250 ATTORNEY DEF PRIVATE : KATIE J. MAXWELL 10 E HIGH STREEET CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: rGILBERT, SHANE NAME and ADDRESS 263 BARNSTABLE RD CARLISLE, PA 17013 L J DEFENDANT: VS. NAME ]7013-0000 rLIBERATOR PFOCEndADDRESS 1970 SPRING ROAD CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF 7 L J Docket No.: CV-0000189-07 Date Filed: 12/03/07 (Date of Judgment) _ 1/16/08 ® Judgment was entered for: (Name) GILBERT, SHANE © Judgment was entered against: (Name) LIBERATOR PERFORNANCE in the amount of $ 2,427.6. Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease (Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 2,318.40 $ 109. $ .0 $ :1T0 $ 2,427.68 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 MAGISTERIAL DISTRICT JUDGES, 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 PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date _?._,.,..el District Judge I certify that this is a true and correct.copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 1116108 3:24:00 PM .- . C'` C i''4] T iT. C.,) co „.. < 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served 400-V6 y ® a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) January 22, 2008, 2008, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Shane Gilbert, on January 22, 2008 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY O 20 of official before whom affidavit was made Sig t U Title of icial My commission expires on , 20 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Cadlsle Boro, Grmberiand County My CMvrftelon E*Irse Aup.1 A 2011 Member, Pennsylvania Association of Noll irl?r Signature of nt AOPC 312A - 05 .- % f1J M M"11 r-1 I 111 e • CO M _ Postage O Certified Fee G Return Receipt Fee (Endorsement Required) C3 Restricted Delivery Fee rI (Endorsement Required) CO C3 Total Postage & Fees C3 ant O .. if M - . ? ti CE) i ti i it l f it t ww s s com b R1 n on v s o For de orma ivery , ur we e a w .u p , n s N 43 • ,.. _ ~ Postage $ ''r ,.._ - ?? r- Certetl Fee " ; C A C3 C3 G Return Receipt Fee (Endorsement Required) 0 Restricted Delivery Fee •Fy ? ii_ rD r-l (Endorsement Required) CEO ?Qp CO C3 $51; i ? 142CAl? Total Postage & Fees $ C3 Sent To ' .._..?I eef t. o nn-.. (f , . tr ? 3 l,A ? or PO BoxNo.?( ? iJbUr tI we./Ci u.?A SHANE GILBERT V. LIBERATOR PERFORMANCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2008-464 : CIVIL TERM PRAECTPE TO ENTER APPEARANCE TO THE CLERK OF COURTS: Please enter my appearance on behalf of the Plaintiff, Shane Gilbert, in the above- captioned matter. Date: 0?/ ? A/Y?? Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff SHANE GILBERT V. LIBERATOR PERFORMANCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2008-464 : CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Katie Maxwell, Esquire 10 East High Street Carlisle, PA 17013 Vpv° ? Mark F. Bayley, Esquire Attorney for Plaintiff Dated: ' o C m SHANE GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 464 LIBERATOR PERFORMANCE Defendant CIVIL - LAW & EQUITY NOTICE TO DEFEND 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. SHANE GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 464 LIBERATOR PERFORMANCE Defendant CIVIL - LAW & EQUITY COMPLAINT AND NOW, comes the Plaintiff, Shane Gilbert, by and through his attorney, Mark F. Bayley, Esquire, and presents the within complaint representing as follows: 1. Plaintiff, Shane Gilbert, is an adult individual residing at 263 Barnstable Road, Carlisle, Pennsylvania. 2. Defendant, Liberator Performance, also known as Liberator Performance Sales & Service, Inc., is a Pennsylvania Corporation doing business at 1970 Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is the owner of a Chevrolet 3500 utility dump truck (hereafter referred to as the "truck"). 4. Plaintiff relies on the truck to assist him with his landscaping and snow removal business. 5. On or around May 26, 2005, Plaintiff took the truck to Defendant's above business location in order to obtain an estimate for, among other things, a new engine. 6. Shawn Liberator, Vice President of Liberator Performance Sales & Service, Inc., provided a written estimate, dated May 26, 2005, offering to complete the requested work for the total cost of $2,146.50 (A copy of the estimate is attached as "Exhibit A"). 7. Said written estimate offered a three (3) year unlimited mileage warranty with regard to the replacement engine. 8. Plaintiff subsequently accepted said offer and authorized Defendant's agents and/or employees to commence work on the truck. 9. On or around June 1, 2005, Plaintiff paid Defendant's final charge totaling $2,617.14, which is evidenced by a written invoice, and acquired the truck. (A copy of the invoice is attached as "Exhibit B"). 10. Said invoice verifies the three (3) year unlimited mileage warranty with regard to the new engine. 11. While operating the truck in October of 2007 Plaintiff noticed abnormal noises coming from the new engine. 12. Plaintiff subsequently returned the truck to Defendant for repair. 13. Defendant's agents and/or employees retained UCF Machine Shop to test the truck's engine. 14. President of UCF Machine Shop, Dennis A. Knaub, provided his findings in a letter dated January 12, 2008, in which he states "[i]n my 30 years of engine repair and machining, I am inclined to believe that the engine rebuilding quality in this case was substandard." (A copy of said letter is attached as "Exhibit C"). 15. Defendant's agents and/or employees chose to ignore calls from Plaintiff after learning of Mr. Knaub's findings at some point in November of 2007. 16. Plaintiff finally contacted UCF Machine Shop directly and learned of the evaluation results. 17. Plaintiff subsequently requested agents and/or employees of Defendant to make good on the warranty. 18. Defendant, by and through Shawn Liberator, stated to Plaintiff that he would not repair or replace the engine at no cost to Plaintiff despite the warranty. 19. Plaintiff requested the return of his truck on November 30, 2007. 20. Defendant, by and through Shawn Liberator, refused and continues to refuse to return the truck to Plaintiff. 21. Defendant's agents and/or employees have stored and continue to store the truck trapped between various large objects on Defendant's business premises. 22. Defendant, by and through Shawn Liberator, has indicated to Plaintiff that he will withhold the truck until Plaintiff pays the costs of the evaluation performed by UCF Machine Shop totaling approximately $380.00. 23. In December of 2007 and January of 2008 Plaintiff was forced to rent a dump truck for his employment from Amity Enterprises due to not having his own; the rental costs totaled $700.00. (A copy of the invoice from Amity Enterprises is attached as "Exhibit D"). COUNT I - BREACH OF CONTRACT/WARRANTY 24. Previous paragraphs are incorporated herein. 25. Defendant offered Plaintiff a new engine installed with a three (3) year unlimited mileage warranty in exchange for Defendant's offered estimate of cash consideration as evidenced by the written estimate dated May 26, 2005. 26. Plaintiff accepted said offer and provided consideration in the amount of $2,617.14 for said warranty as evidenced by the invoice dated June 1, 2005. 27. Plaintiffs engine failed within three years of June 1, 2005. 28. Defendant was and is contractually bound to refund Plaintiffs money or to immediately provide Plaintiff with a new engine installed with the same warranty at no charge. 29. Defendant has breached said contract by failing to refund Plaintiff or replace the engine at no charge with the same warranty. 30. Defendant has breached said contract by refusing to return the truck to Plaintiff since November 30, 2007. 31. Due to Defendant's breach, Plaintiff has sustained and continues to sustain damages including, but not limited to, costs to date of the worthless engine and rental costs in the amount of $700.00 to date. WHEREFORE, Plaintiff prays that this Honorable Court find that Defendant breached its contract and warranty and award damages to Plaintiff in an amount not less than $3,317.14 plus damages sustained after the filing of the within complaint from Defendant's continued breach, costs of this suit, interest and any other relief that the Court deems appropriate. COUNT II - VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 32. Previous paragraphs are herein incorporated. 33. Defendant's unlawful acts have included failing to comply with the terms of a written warranty given to Plaintiff prior to or after a contract for the purchase of goods and services was made. 34. Said unlawful act was in violation of the Unfair Trade Practices and Consumer Protection Law, under 73 Pa.C.S. §201-1, et seq. 35. Plaintiff was damaged as indicated above due to said violation. 36. Plaintiff is entitled to all remedies provided by the Unfair Trade Practices and Consumer Protection Law including, but not limited to, treble damages, up to three times actual damages, attorney fees, costs and other damages as the Court deems appropriate. WHEREFORE, Plaintiff requests that this Honorable Court find that the actions of Defendant's agents and/or employees were in violation of the Unfair Trade Practices and Consumer Protection Law, and award treble damages, three times actual damages, attorney fees, costs and other damages as the Court deems appropriate. COUNT III - REPLEVIN 37. Previous paragraphs are herein incorporated. 38. Defendant's agents and/or employees have unlawfully held Plaintiffs truck since November 30, 2007. 39. Plaintiff seeks to recover possession of his truck. WHEREFORE, Plaintiff requests judgment in replevin in his favor and: (a) the possession and delivery of the truck; or (b) the value of the property with interest to the date of trial, in case possession and delivery cannot be had, being a sum to be determined at trial; and (c) any and all other relief which the Court deems appropriate. Respectfully submitted, BAYLEY AN ark F. Bayley, Esqu' 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 Attorney for Plaintiff C\j f f?l ? 1_i f f_f_? ?? f 1_t f i i_f ti 00 .b I 8 c L 3 U a? a) La M rn O ? ? ?L6 64 Mto ? p o o, N w LU u.i ~ -c oD ¦? J Waa v?o co , ?r M ~ p= - 1 1-0 O no NdQZ u c m ? Y m N {= E W E c E N yz z y?h U o6 w Lx LE O --i-vr'T--- t---i---h-F-i---}---F--- C N 7g N E 0 0 c ? l0 .? o ca g E a N a> LL. m N ? Cn J_ ?. o E :4t W W Y3 'IOU «g c J Z c ? a E eo E d' ? ? m E O 4t Q. a E_ E L" LLI U w Y J p m L m c fl m E ?? _ F- Q LL LL Q' J .? ? g ? •? • a 3 E Cl) m . J J O a) E5 N w m a c N /0 C C C N G ID o c . y 0 E ?j G H fV t+i cr co 0 t2 N of a Y co 0 0 F- z W LL! W y d = V O K p Q S ~ _ ~ g o 0 0 oao ooa 0 ui i :z LU V Q V _uj CWO s? LL cjtZC° M ct V O p C CO 0. LC CO) Z O V m --'1---t---r--y---r--+--f---F---l ---+---F--4MII---a---&---I---J ---L-- 0 ? o m a ? F N W d O O W j O Q '--1 m I O F- . ?- a. ...,,.".,a..a?$YA2ts?';:'a.•lYi"'t?.'??-"iL?f ;?. ti!? %.?, tI?illfitli :1IMDI?IDI?I?I0I0 c p c } T z O W ?r L? o O ® w CL CO 00 ? ?NZ ?C`o y 0 N W wo z v Lui H LC N o) Q? J cep o Poi aix 1 -w V Q 2 u N A N J 4s o o CN m x O J °' cn U) Q O c m d Y c W ? c U ai 8 O O ? N W w i F- ILL. =a x rY? U U U g S a0 E ?fl? m 001:1 J y ?p L ujzy n V o O Z uj >- ?`a ?-jQ O O LL ? 2 219 W FOB--. Q a,3 c c c a Lu z m?y=..O d LD N n h Q V i3 p z?Lu C - ? N .0 CD Ila ? ca 0 to I f- LL CA g W O j? G F°7 ?( z F- V m N ? 1 ?Jjl lk v s y ? ? ?eN w v , .. v 3 D m o L 6.11,11 f Ph. 717-249-8517 469 East North Street Fax 717-243-1109 Suite 2 MACHINE Carlisle, PA 17013 1-12-08 Your Honor, In June 2007, Liberator Performance sent us two 350 Chevrolet heads from an engine with tag # 368147 to be tested due to the engine having been run hot. We ran our normal tests and machined heads, but found the heads to be okay. At that time, Shawn from Liberator Performance stated they were trying to figure out why the engine was overheating. In November 2007 we received the lower short block (which is the remainder of the complete engine, less the heads we previously had) from engine tag #368147, due to the engine making severe noise. We found the engine to be un-rebuildable due to the fact that the previous rebuild company bored the engine block to the maximum diameter, which is not recommended. To bore it further was not possible because there are no parts available for the larger size. Also, there was severe wear on the crankshaft, which rendered it beyond machineable specifications. In my 30 years of engine repair and machining, I am inclined to believe that the engine rebuilding quality in this case was substandard. Additionally, the fact that the engine was overheated numerous times appears to have caused the demise of this engine. / Sincerely, Dennis A. Knaub President, UCF Machine Shop r .r J' r, y. S' e Amity Enterprises "General Contractors & Excavating" Glenn P. Smithgall Box 4542, R.D. 4 Duncannon, PA 17020 834-4017 DATE 20 SOLD TO,'Z,'Q ?jSs'OB NAME S1??c?fi ?'?w? PHONE ADDRESS. TERMS: NET 10 DAYS A FINANCE CHARGE OF 1 1/2% PER MONTH WILL BE ADDED TO ALL ACCOUNTS OVER 30 DAYS. (18% ANNUAL PERCENTAGE RATE.) QUANTITY DESCRIPTION RICE AMOUNT GiL 4o ?d f TOTAL CHECKM CASH DELMtERE'D BY BY DATE RECEIVED BY BY 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. Cons. Stat. § 4904 relating to unworn falsification to authorities. zero. a? Shane Gilbert, intiff '=; i {' ` --'-1 ?? r» "!"7 6d-r t x., ?? (.a ? ? r4 .?,??f t.. ?:? .>.$ ..R., ... (??? F:\FILESTlients\12591 Love's Auto\12591.I.po\tde Revised: 4/29/06 10 :22 AM 0613.4 Katie J. Maxwell I.D. No. 206018 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner SHANE GILBERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008 - 464 CIVIL TERM LIBERATOR PERFORMANCE, Defendant PRELIMINARY OBJECTIONS OF DEFENDANT LIBERATOR PERFORMANCE AND NOW, comes the Defendant, Liberator Performance, by and through its attorneys, Martson Deardorff Williams Otto Gilroy & Faller, and presents the following objections: On or about February 22, 2008, Plaintiff filed a Complaint against Defendant Liberator Performance ("Defendant") in the Court of Common Pleas of Cumberland County. 2. Plaintiff's Complaint alleges counts of breach of contract/warranty, unfair trade practices, and replevin against Defendant. FAILURE TO PLEAD UNFAIR TRADE PRACTICES WITH PARTICULARITY 3. Pursuant to Pa. R.C.P. 1028(3), a defendant may assert a preliminary objection based upon insufficient specificity in a pleading. Count II of Plaintiff's Complaint alleges unfair trade practices under the Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL"). 4. The general purpose of the UTPCPL is to protect the public from fraud and unfair or deceptive business practices. 5. Pursuant to Pa. R.C.P. 1019(b), "Averments of fraud ... shall be averred with particularity." 6. Because the purpose of the UTPCPL is to protect the public from fraud, Plaintiff is required to plead with particularity the six elements of fraud which are set forth below. 7. In pleading fraud, mere conclusions of law are insufficient to meet the requirements of Pa. R.C.P. 1019(b). 8. To prove fraud, a Plaintiff must demonstrate by clear and convincing evidence: (1) a representation; (2) which is material to the transaction at hand; (3) made falsely, with knowledge of the falsity or recklessness as to whether it is true or false; (4) with the intent of misleading another into relying on it; (5) justifiable reliance on the misrepresentation; and (6) the resulting injury was proximately caused by the reliance. 9. Plaintiff's allegations, falsity, intent, and justifiable reliance contained in Count II of the Complaint are set forth as mere conclusions of law. 10. Accordingly, Count II of Plaintiff's Complaint fails to satisfy the specificity requirements as set forth in Pa. R.C.P. 1019(b) and Count II of Plaintiff's Complaint should be stricken. WHEREFORE, Defendant, Liberator Performance, respectfully requests that Count II of Plaintiff's Complaint be stricken pursuant to Pa. R.C.P. 1028(a)(3). DEMURRER - FAILURE TO STATE A CAUSE OF ACTION FOR UNFAIR TRADE PRACTICES 11. Defendant hereby incorporates Paragraphs 1 through 10 of these Preliminary Objections by reference as though fully set forth. 12. Pursuant to Pa. R.C.P.1028(a)(4), defendant may assert a preliminary objection based upon the legal insufficiency of a pleading. In order to succeed on the Unfair Trade Practices claim under the UTPCPL, Plaintiff must show that Defendant engaged in unfair or deceptive acts. 13. Count II of Plaintiffs Complaint is legally insufficient due to Plaintiff's failure to allege unfair or deceptive acts or practices. 14. Accordingly, Count II of Plaintiff's Complaint is legally insufficient and Count II should be stricken. WHEREFORE, Defendant, Liberator Performance, respectfully requests that Count II of Plaintiff's Complaint be stricken pursuant to Pa. R.C.P. 1028(a)(4). MARTSON LAW OFFICES By ct.?u atie J. M 1, Esquir I.D No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: P 0 8 CERTIFICATE OF SERVICE I, Mary Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mark W. Bayley 17 W. South Street Carlisle, PA 17013 MARTSON LAW OFFICES By gbL . &4e-? M ce 10 E. 4igh Street Carlisle, PA 17013 Dated: L1141d K CJ jS SHANE GILBERT, Plaintiff V. LIBERATOR PERFORMANCE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 - 464 : CIVIL - LAW & EQUITY NOTICE TO DEFEND 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. SHANE GILBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 464 LIBERATOR PERFORMANCE Defendant CIVIL - LAW & EQUITY AMENDED COMPLAINT AND NOW, comes the Plaintiff, Shane Gilbert, by and through his attorney, Mark F. Bayley, Esquire, and presents the within complaint representing as follows: 1. Plaintiff, Shane Gilbert, is an adult individual residing at 263 Barnstable Road, Carlisle, Pennsylvania. 2. Defendant, Liberator Performance, also known as Liberator Performance Sales & Service, Inc., is a Pennsylvania Corporation doing business at 1970 Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is the owner of a Chevrolet 3500 utility dump truck (hereafter referred to as the "truck"). 4. Plaintiff relies on the truck to assist him with his landscaping and snow removal business. 5. On or around May 26, 2005, Plaintiff took the truck to Defendant's above business location in order to obtain an estimate for, among other things, a new engine. 6. Shawn Liberator, Vice President of Liberator Performance Sales & Service, Inc., provided a written estimate, dated May 26, 2005, offering to complete the requested work for the total cost of $2,146.50 (A copy of the estimate is attached as "Exhibit A"). 7. Said written estimate offered a three (3) year unlimited mileage warranty with regard to the replacement engine. 8. Plaintiff subsequently accepted said offer and authorized Defendant's agents and/or employees to commence work on the truck. 9. On or around June 1, 2005, Plaintiff paid Defendant's final charge totaling $2,617.14, which is evidenced by a written invoice, and acquired the truck. (A copy of the invoice is attached as "Exhibit B "). 10. Said invoice verifies the three (3) year unlimited mileage warranty with regard to the new engine. 11. While operating the truck in October of 2007 Plaintiff noticed abnormal noises coming from the new engine. 12. Plaintiff subsequently returned the truck to Defendant for repair. 13. Defendant's agents and/or employees retained UCF Machine Shop to test the truck's engine. 14. President of UCF Machine Shop, Dennis A. Knaub, provided his findings in a letter dated January 12, 2008, in which he states "[i]n my 30 years of engine repair and machining, I am inclined to believe that the engine rebuilding quality in this case was substandard." (A copy of said letter is attached as "Exhibit C' ). 15. Defendant's agents and/or employees chose to ignore calls from Plaintiff after learning of Mr. Knaub's findings at some point in November of 2007. 16. Plaintiff finally contacted UCF Machine Shop directly and learned of the evaluation results. 17. Plaintiff subsequently requested agents and/or employees of Defendant to make good on the warranty. 18. Defendant, by and through Shawn Liberator, stated to Plaintiff that he would not repair or replace the engine at no cost to Plaintiff despite the warranty. 19. Plaintiff requested the return of his truck on November 30, 2007. 20. Defendant, by and through Shawn Liberator, refused and continues to refuse to return the truck to Plaintiff. 21. Defendant's agents and/or employees have stored and continue to store the truck trapped between various large objects on Defendant's business premises. 22. Defendant, by and through Shawn Liberator, has indicated to Plaintiff that he will withhold the truck until Plaintiff pays the costs of the evaluation performed by UCF Machine Shop totaling approximately $380.00. 23. In December of 2007 and January of 2008 Plaintiff was forced to rent a dump truck for his employment from Amity Enterprises due to not having his own; the rental costs totaled $700.00. (A copy of the invoice from Amity Enterprises is attached as "Exhibit D"). COUNT I - BREACH OF CONTRACT/WARRANTY 24. Previous paragraphs are incorporated herein. 25. Defendant offered Plaintiff a new engine installed with a three (3) year unlimited mileage warranty in exchange for Defendant's offered estimate of cash consideration as evidenced by the written estimate dated May 26, 2005. 26. Plaintiff accepted said offer and provided consideration in the amount of $2,617.14 for said warranty as evidenced by the invoice dated June 1, 2005. 27. Plaintiffs engine failed within three years of June 1, 2005. 28. Defendant was and is contractually bound to refund Plaintiffs money or to immediately provide Plaintiff with a new engine installed with the same warranty at no charge. 29. Defendant has breached said contract by failing to refund Plaintiff or replace the engine at no charge with the same warranty. 30. Defendant has breached said contract by refusing to return the truck to Plaintiff since November 30, 2007. 31. Due to Defendant's breach, Plaintiff has sustained and continues to sustain damages including, but not limited to, costs to date of the worthless engine and rental costs in the amount of $700.00 to date. WHEREFORE, Plaintiff prays that this Honorable Court find that Defendant breached its contract and warranty and award damages to Plaintiff in an amount not less than $3,317.14 plus damages sustained after the filing of the within complaint from Defendant's continued breach, costs of this suit, interest and any other relief that the Court deems appropriate. COUNT H - VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 32. Previous paragraphs are herein incorporated. 33. Defendant's unlawful acts have included failing to comply with the terms of a written warranty given to Plaintiff prior to or after a contract for the purchase of goods and services was made. 34. Defendant's agents and/or employees continue to refuse to honor the warranty to date despite knowing full well that Defendant is in breach of the warranty. 35. The actions of Defendant's agents and/or employees of ignoring Plaintiffs phone calls and the continued refusal to honor the warranty demonstrates that said agents and/or employees never had any intention of honoring the warranty and that the representation to do so was false. 36. Agents and/or employees of Defendant represented to Plaintiff that they would honor the warranty at the time of the sale of the engine which was a deceptive and fraudulent representation due to the fact that they continue to fail to honor the warranty. 37. By offering a warranty, agents and/or employees of Defendant deceived Plaintiff from the time of his purchase of the warranty into believing that the warranty would be honored and was good consideration with regard to his purchase. 38. Representations regarding the warranty were made by agents and/or employees of Defendant for the purpose of enticing Plaintiff to purchase the engine from Defendant. 39. The offer of the warranty was material and involved with Plaintiffs decision to purchase the engine from Defendant. 40. Plaintiff would not have purchased the engine from Defendant without the offer of the warranty. 41. Plaintiff was justified in relying on the simple terms of the warranty. 42. The within conduct of agents and/or employees of Defendant is in violation of the Unfair Trade Practices and Consumer Protection Law, under 73 Pa.C.S. §201-1, et seq. 43. Plaintiff was damaged as indicated above due to said violation. 44. Defendant's failure to honor its warranty is the cause and proximate cause of Plaintiffs damages. 45. Plaintiff is entitled to all remedies provided by the Unfair Trade Practices and Consumer Protection Law including, but not limited to, treble damages, up to three, times actual damages, attorney fees, costs and other damages as the Court deems appropriate. WHEREFORE, Plaintiff requests that this Honorable Court find that the actions of Defendant's agents and/or employees were in violation of the Unfair Trade Practices and Consumer Protection Law, and award treble damages, three times actual damages, attorney fees, costs and other damages as the Court deems appropriate. COUNT III - REPLEVIN 46. Previous paragraphs are herein incorporated. 47. Defendant's agents and/or employees have unlawfully held Plaintiffs truck since November 30, 2007. 48. Plaintiff seeks to recover possession of his truck. WHEREFORE, Plaintiff requests judgment in replevin in his favor and: (a) the possession and delivery of the truck; or (b) the value of the property with interest to the date of trial, in case possession and delivery cannot be had, being a sum to be determined at trial; and (c) any and all other relief which the Court deems appropriate. I---- ( 181*"? '?? -1-1 , D Respectfully subixnt d, BAYLEY & NK] AN Mark F. Bayley, Esquire / 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. hane Gil ert Plaintiff SHANE GILBERT V. LIBERATOR PERFORMANCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2008-464 : CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Katie Maxwell, Esquire 10 East High Street Carlisle, PA 17013 Mark F. Bayley, Es ire Attorney for Plaintiff Dated. or F.'FILE S,ClienW12591 Love's Auto\12591.fans .nrnUe Revised: 5,3008 2.37PM 10613 4 Katie J. Maxwell I.D. No. 206018 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner SHANE GILBERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008 - 464 CIVIL TERM LIBERATOR PERFORMANCE, Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT TO: SHANE GILBERT and his attorney, MARK F. BAYLEY, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes the Defendant, Liberator Performance, by and through its attorneys, MARTSON LAW OFFICES, and avers the following in response to Plaintiff's Amended Complaint: 1-3. Admitted. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 5. Admitted. 6. Denied, as the document speaks for itself. 7. Denied as the document speaks for itself. 8. Admitted. 9-10. Denied as the document speaks for itself. H. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 12. Admitted. 13. Admitted. jr 14. Denied, as the document speaks for itself. 15. Denied, to the extent that a response is required, it is admitted that Defendant's employees did not speak to Plaintiff in Novemeber 2007. 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. IT Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted. 23. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. COUNT I - BREACH OF CONTRACT/WARRANTV 24. The Answers to Paragraphs 1-23 are incorporated herein. 25. Admitted. 26. Admitted. 27. Admitted. By way of further response, Plaintiff's engine failed in three years of June 1, 2005, because he improperly operated the truck, and overheated the vehicle. 28. Denied. The averments of Paragraph 28 are conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. 29. Denied. 30. Denied. 31. Denied. The averments of Paragraph 31 are conclusions of law to which no response is required by the Rules of Pennsylvania. WfIEREFORE, Defendant, Liberator Performance, requests that this Court enter judgment in its favor and dismiss the Complaint of Plaintiff, Shane Gilbert. COUNT It - VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 32. The previous paragraphs are herein incorporated. 33. Denied. The averments of Paragraph 33 are conclusions of law to which no response J \is required by Pa. R.C.P. 34. Denied. The averments of Paragraph 34 are conclusions of law to which no response is required by Pa. R.C.P. 35. Denied. The averments of Paragraph 35 are conclusions of law to which no response is required by Pa. R.C.P. 36. Denied. The averments of Paragraph 36 are conclusions of law to which no response is required by Pa. R.C.P. 37. Denied. The averments of Paragraph 37 are conclusions of law to which no response is required by Pa. R.C.P. 38. Denied. The averments of Paragraph 38 are conclusions of law to which no response is required by Pa. R.C.P. 39. Denied. The averments of Paragraph 39 are conclusions of law to which no response is required by Pa. R.C.P. 40. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 41. Denied. The averments of Paragraph 41 are conclusions of law to which no response is required by Pa. R.C.P. 42. Denied. The averments of Paragraph 42 are conclusions of law to which no response is required by Pa. R.C.P. 43. Denied. The averments of Paragraph 43 are conclusions of law to which no response is required by Pa. R.C.P. 44. Denied. The averments of Paragraph 44 are conclusions of law to which no response is required by Pa. R.C.P. 45. Denied. The averments of Paragraph 45 are conclusions of law to which no response is required by Pa. R.C.P. WHEREFORE, Defendant, Liberator Performance, requests that this Court enter judgment in its favor and dismiss the Complaint of Plaintiff, Shane Gilbert. COUNT III - REPLEVIN 46. Previous paragraphs are herein incorporated. 47. Denied in part and Admitted in part. It is admitted that Defendant has held Plaintiffs truck since November 30, 2007. Denied the extent that the Defendant has "unlawfully" held the Plaintiff's truck. 48. Admitted. WHEREFORE, Defendant, Liberator Performance, requests that this Court enter judgment in its favor and dismiss the Complaint of Plaintiff, Shane Gilbert. NEW MATTER 50. The averments of paragraphs 1 through 49 of this Answer are incorporated herien. 51. The Plaintiff fails to state a claim upon which relief can be granted. 52. Following the installation of the new engine by Defendant, Plaintiff installed an incorrect replacement radiator on his truck. 53. The incorrect radiator caused the truck to operate and run at unusually high temperatures. 54. The operation of the truck at these high temperatures caused the damage to Plaintiff's replacement engine. 55. This type of damage was not of the type covered by any warranty offered to Plaintiff. MARTSON LAW OFFICES By 14?,!! - Katie J. Ma , Esquire I.D No. 20 8 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: r VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Shawn iberaton r CERTIFICATE OF SERVICE I, Katie Maxwell, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer to Amended Complaint with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mark W. Bayley 17 W. South Street Carlisle, PA 17013 MARTSON LAW OFFICES By ca-e--- Katie Maxwell Maxwell 10 E. High Street Carlisle, PA 17013 Dated: ?? C)/O ?--y na A , {.. ? i R `-^{ . ?; ?..? } - 3:' -Y? .- ? -?; ? ?,? ? SHANE GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 464 LIBERATOR PERFORMANCE Defendant CIVIL - LAW & EQUITY PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, Shane Gilbert, by and through his attorney, Mark F. Bayley, Esquire, and in response to Defendant's "New Matter" answers as follows: 50. No response necessary. 51. Denied. Paragraph 51 states conclusions of law; no response is required. 52. Admitted in part and denied in part. Plaintiff admits that he installed a replacement radiator in the vehicle after the installation of the new engine; Plaintiff denies that he installed an "incorrect replacement radiator." 53. Denied. 54. Denied. 55. Denied. Paragraph 55 states conclusions of law; no response is required. WHEREFORE, Plaintiff demands judgment on his behalf as set forth in his Amended Complaint. (?q - q-- o ? Respectfully submitted, BAYLEY & 7Esqu- ark F. Bayl17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 Attorney for Plaintiff 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. Cons. Stat. § 4904 relating to unworn falsification to authorities. Shane Gilber aintiff SHANE GILBERT, Plaintiff V. LIBERATOR PERFORMANCE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 464 CIVIL - LAW & EQUITY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 Uur Mark F. Bayley, Esquir J _O - SHANE GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 464 LIBERATOR PERFORMANCE Defendant CIVIL - LAW & EQUITY PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Mark F. Bayley, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above captioned action is at issue. 2. The claim of the Plaintiff in the action is approximately $9,951.42 plus attorney fees, costs, reimbursement for ongoing damages, and any other relief the Court deems just. The Defendant has not filed a counter-claim to Plaintiffs action. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: a. Mark Bayley and John Mangan; and b. Katie Maxwell and any other attorney associated with Martson Law Offices. WHEREFORE, your Petitioner prays this Honorable Court to appoint three arbitrators to whom the case shall be submitted. Respectfully submitted, BAYLEY & NGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 Attorney for Plaintiff SHANE GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 464 LIBERATOR PERFORMANCE Defendant CIVIL - LAW & EQUITY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Katie Maxwell, Esquire 10 East High Street Carlisle, PA 17013 Dated: Mark F. Bayley, Esgt Attorney for Plaintiff ?.. r-,? t J -1 ^» a^ '7'j ?. , i7 ?w. ^? S ; r , ? ? ? _ <., p g k..: jo SHANE GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 464 LIBERATOR PERFORMANCE Defendant : CIVIL - LAW & EQUITY ORDER OF COURT AND NOW, this Jj&ay of U'U? , 2008, and in consideration of the foregoing petition, AA-Asquire, CI=AQJ ¢. / l • e? .(X Esquire, and &jtAj-R , Esquire, are appointed arbitrators in the above captioned action as prayed for. BY T T: J. cc. ,I?c?Iark F. Bayley, Esquire J Katie Maxwell, Esquire eopt k4 rn.?t LCL Ell s/o8 ?- Q co C13 . 1 i LLJ C-0 (Z) cv C? SHANE GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LIBERATOR PERFORMANCE, Defendant CIVIL ACTION - LAW NO. 2008-464 ARBITRATION NOTICE OF ARBITRATION HEARING NOTICE is hereby given that the Arbitrators appointed by the Court to hear and decide the above matter will hold a hearing for the purpose of their appointment on Tuesday, November 11, 2008, 2:00 P.M., in the offices of Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, Pennsylvania. September 24, 2008 Richard W. Stewart, Chairman TO: Mark F. Bayley, Esquire Leslie M. Fields, Esquire 17 West South Street Costopoulos, Foster & Fields Carlisle, PA 17013 831 Market Street Attorney for Plaintiff P. O. Box 222 Lemoyne, PA 17043-1518 Katie Maxwell, Esquire Arbitrator 10 East High Street Carlisle, PA 17013 Robert M. Frey, Esquire Attorney for Defendant Frey & Tiley 5 South Hanover Street Carlisle, PA 17013-3307 Arbitrator :343555 Prothonotary, Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ? -?? ? t?:: c<a T . -.,.? , r f? ?. ? ,.. ".? ? ??? ? ?±y ? ?? ?!.) M SHAM GIISffitT In The Court of Common Pleas of Cumberland LIBERAMCxt P Plaintiff County, Pennsylvania No. 2008_ 464 ?tI? iC? Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature sipaU6 r? Signature Richard W. Stewart Name (Chairman) Johnson Duffie Law Firni' ' 301 Market Street Address P.O. Box 109 Leslie M. Fields Name Costopoulos, Foster & Law Firm 831 Market Street Address P.O. Box 222 Robert M. Frey Name Fields Frey & Tiley Law Firm 5 South Hanover Street Address Lemoyne, PA 17043-0109 Lemoyne, PA 17043-1518 Carlisle, PA 17013-3307 City, zip City, zip city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) r l rl (7? < <+ fG VO'r 0 IF -V' %Q V- to J(k n a1 n (/? q ka , n 5 t- -- ?? ?eFt?ds"t ?w -F I7c Eiw?e Ht a wo T usa- the tF?h?rrd- 1 K?tra. - QT 2,(%,5, 0c)) \/[7t ?ar5 6i y tuC a WGrcj\ ?o55?SSfct? 0 r: -i- 4 U-,<?Kilt L . Arbitrator, dissents. (Insert name if applicable.) lt(ic a? Date of Hearing 41kA, WO- Date of Award: j 1l ti 16 Notice of Entry of Award Now, the .2 1S't" day of AJQL? 20.a 4t&-.219 , _g_.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ JLCIO, i5r 3 Ain By: Prothonotary Deputy ti u may.. i R3 N co ? ? a S r i