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Home My WebLink About08-1941IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Michael Yurek Civil Action-Law Tracie Yurek Plaintiffs V. NO. 68 • 1Qgl 1. llraF?. Van Allen's Garage Robert Van Allen, In his personal capacity Defendants 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 CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa. 17013 249-3166 Or Court Administrator's office Cumberland county Courthouse Floor 3R Carlisle, Pa. 17013 240-6200 IN THE COURT OF COMMN PLEAS FOR CUMBERLAND COUNTY Michael Yurek Tracie Yurek Plaintiffs V. Van Allen's garage Robert Van Allen in his personal capacity Defendant Civil action- Law NO. 0r-)qqj GFv(l 4-erK And now, here comes the plaintiffs Michael and Tracie Yurek, by and through their Attorney, Daniel Pollock, Esq. to file this complaint to seek compensation from Van Allen's garage and its owner, Robert Van Allen in his individual capacity for the reasons spelled out below. I PARTIES 1. Michael and Tracie Yurek are adult individuals living at lot 143 Oak Hill Road, Carlisle Pa. 17015 2. Van Allen's Garage is a Garage located at the 1796 Newville Road, Carlisle, Pa. at the intersection of Newville Road and McAllister Church Road, Carlisle Pa. 17015 3. Robert Van Allen is the owner of the garage mentioned in paragraph 2. II Count 1 CONVERSION 4. Approximately 2 years ago Michael Yurek brought his car, a1992 Mazda Protoge, to the business of the defendant to have a transmission replaced in it. 5. Mr. Yurek stopped by several times over the past 2 years to check on the progress of finding an appropriate transmission for the vehicle and to check on the progress of installing the transmission. 6. During this time Tracie Yurek informed the Garage owner where an appropriate transmission may be found. 7. During the month of June 2007, while stopping by to check on the progress of the work on the vehicle Michael Yurek was informed that the garage had sold the vehicle to another person. 8. To this date the garage owner has not retrieved the car from the person to whom he sold it. Wherefore the Plaintiff's pray that this Honorable Court will award them the value of their car Count II Unfair trade Practices act violation 9. Paragraphs 1-8 are incorporated by reference 10. Van Allen's garage holds itself out as a place of business that repairs individuals' motor vehicles. 11. Van Allen's garage was under contract to replace the transmission in the Yurek's Car. 12. Van Allen's Garage did not replace the transmission in the car. 13. Van Allen's Garage did not inform the Yurek's that it was impossible to replace the transmission in their car and never did the garage personnel ask them to remove it from the garage. 14. Sometime in May of 2007, Van Allen's garage sold the Yurek's car to another individual. Wherefore the Plaintiffs pray that the defendants be found liable to them under the unfair trade practices act of Pennsylvania for violations of sections 201-2 (4) (ix), for failure to provide advertised services, 201-2 (4) (xiv) for failing to comply with the terms or conditions of the repair contract, and 201-2(4) (xxi) for engaging in any other fraudulent conduct which creates a likelihood of confusion or misunderstanding. DAMAGES 15. Paragraphs 1-14 are incorporated by reference. 16. The value of the Yurek's 1992 Mazda protege is $2,500 17. Section 201-9.2 of the Unfair Trade Practices Act allows for a private party to recover 3 times the actual damage 18. Attorney's fees in this matter are expected to be approximately $1,000 Wherefore the Plaintiff's are asking this Honorable Court to award them a total of $10,500 for the loss of their car, and the cost of attempting to recover their car or its value Res ectfully miffed, Daniel Pollock, Esq. Attorney for the Plaintiffs Michael and Tracie Yurek 801 Sandbank Road #18 Mount Holly Springs, Pa. 17065 Phone and Fax (717) 486-0030 E-Mail ) nL)udju),a ,Aolxofii Pa Super Id 70315 VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge. I understand that false statements knowingly made herein are subject to the penalties of 18 Pa. C.S. 4904 regarding unsworn falsifications to Authorities. DATE P10 11(id ?. ichael Yu?ek By Tracie Y P/O/A of Michael Yurek cie Yurek e c _ rv gj 00 0 -n r? -yp _1 SHERIFF'S RETURN - REGULAR A CASE NO: 2008-01941 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YUREK MICHAEL ET AL VS VAN ALLEN'S GARAGE ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VAN ALLEN ROBERT the DEFENDANT , at 1045:00 HOURS, on the 31st day of March 2008 at 1796 NEWVILLE ROAD CARLISLE, PA 17015 by handing to BILL REISINGER, MECHANIC, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ?I?>y/b $ ? 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/01/2008 DANIEL POLLOCK By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01941 P i COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YUREK MICHAEL ET AL VS VAN ALLEN'S GARAGE ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VAN ALLENS GARAGE the DEFENDANT , at 1045:00 HOURS, on the 31st day of March 2008 at 1796 NEWVILLE ROAD CARLISLE, PA 17015 by handing to BILL REISINGER, MECHANIC, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 ?I?oti?ok (? 00 33.3833.38 Sworn and Subscibed to before me this of So Answers: r °f R. Thomas Kline 04/01/2008 DANIEL POLLOCK By: Deputy Sheriff day A. D. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Michael Yurek Tracie Yurek Civil action- Law Plaintiffs V. NO. ??00 Van Allen's garage Robert Van Allen in his personal capacity Defendant To: Robert Van Allen And Van Allen's Garage Date of notice: September 29,2008 IMPORTANT NOTICE 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(10) 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT 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 (9 CARLISLE, PA. 17013 (717) 249-3166 Daniel Pollock, Esq. 801 Sandbank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super Id. 70315 (717) 486-0030 E-Mail Dbigdanp@Aol.com Y AFFIDAVIT OF SERVICE On September 29, 2008 I, Daniel Pollock, Esq. did serve a copy of this Motion by personal service to the following party. Van Allen's Garage C/O Robert Van Allen 1796 Newville Road Carlisle, Pa. 17015 Res a .tfully Submitted, WA001 Daniel Pollock, Esq. 801 Sand Bank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super Id. 70315 (717) 486-0030 N ,T? t Con 1-0 Qt 4 " -<