HomeMy WebLinkAbout04-1675
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 0'-/- /l.o 15' c',,,;,1
NOTICE OF APPEAL Ar r; I I ~ _ JOot.j
Notice is given that the appellant has filed in the above Court of Common Pieas an appeai from the judgment rendered by the District Justice on
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DOCKE[j'U 00 bS- O~ 0 ~ ~ SIG TUREOFAPPElLANToo''''''''''C.J'."ot"'
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If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
This block will be sJgned ONLY when this notation is required under Pa.
RC.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days aNer filing the NOTICE of APPEAL
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appel/ant was DEFENDANT (see PaRC.P.D.J. No. 1001(7) in action before District Jusfice. IF
NOT USED, detach from copy of notice of appeal to be served upon appel/ee.
PRAECIPE: To proth~ I " I
Enter rule upon LJOf-i A H J(borf
Name of appellee(s)
(Common Pieas No. O'-l-/~ 1)"c:""
appeliee(s), to fiie a complaint in this appeal
) within twenty (20)~S after se;c~~ 1~ff:;;( }m:nl!:s
I A 1 .f. j ~ ( Signature of appellant or attomey or agent
V"Vl, ~~s)
RULE: ~,,-,V'J ~ lAJCbJ
Name of appelleers)
(1) You are notified that a rule is hereby entered upon you to file a compiaint in this appeal within twenty (20) days aNer 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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this ruie if service was by mail is the date of the maliing.
Date: Af'd l{f_ .200lj
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRlPT FORM WITH THIS NOTI E OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT
(Ihls prootolser'//ce MUST BE FiLED WiTHIlV TEN (10) DAYS AFTER ffJiflg D/fhe /lDticD olappeoJ Check apPlicable boxes
COMMONWEALlH OF PENNSYlVANif,
COUNTY OF
, ss
AFFIDAVIT,
(afflrrn) H\8t ; sterved
a copy of it\';) Notice of Appeal, CormnQn Pleas No
, upon ttH? District Justice designated t/,Bieln or
(dale of' service j
.20
by rRm;onal servio0
oy
(registered) rn;:w
sender's receipt attached hereto, and upon the appelfee, (name)
20
by personal service
by
(registered) rnail,
l"""--C'
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~J.
s(~ndp( s t'oceipt
he!oto
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(SWORN) (AFFIRMED) AND SUBSCPIBED BEFONE ME
THIS DAY OF .20
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Signature {)f offidal before-whom was
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My commission expIres on
20
AOPC 312/\ 02
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. COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-04
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME l:lnd ADDRESS
'ooNALD WOOD, WOODY'S I
NORTH FRONT ST.
WEST FARIVIEW, PA 17025
L ~
Mag. Dis!. No.:
OJ Name: Hon.
THOMAS A. PLACEY
Add"" 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
T,~pM", (717) 761-8230 17050
VS.
ARROW AUTO SALES << SERVICE
716 ERIE STREET
DAUPHIN, PA 17018
DEFENDANT:
fARRow AUTO SALES <<
716 ERIE STREET
DAUPHIN, PA 17018
L
Docket No.: CV- 0000659 - 03
Date Filed: 12/05/03
NAME and ADDRESS
SERVICE
I
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nfls IS TO NOtiFY YOU THAT:
" .,. Judgmenti - .
FOR PT,l\" TNTTFF
;.,
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[i]
Judgment was entered against: (Name)
ARROW JlTJTO SJIT,RR I< RRRVTCE
Judgment was entered for:
(Name)
OO1l11l r.o WOQP, WOOTlV' S
in the amount of $
2,"171 'i0 on:
(Date of Judgment)
"1/1 R/04.
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time) _
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 2,305.00
$ 66.50
$ .00
$ .00
$ 2,371.50
O Amount of Judgment Subject to
AtlachmenV42 Pa.C.S. ~ 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HASJ'HE RIGHT TO APPEAL WITHIN 30.DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WiTH THE PROTHONCJrARYtcLERK OF THE COURT OF COMMON PLEAS, CIVIL OIVISION. YOU
MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
... . EXCEPT AS OTHERWISE PROVIOED IN THE RULES OF CIVIL PROCEDURE FOR OISTRICT 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 ANO NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT is ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MA Y FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWiSE COMPLIES WITH THE JUDGMENT.
3\\\0\0<1 D",il ~;"g,~~ J~"~
I certify that this is a true ~ Off tt.e record of the ploceedi gs containing the judgment.
2:l\ I~ \ 04- Da~ \/ _ ' District Justice
My commission expires first Monday of JanuarY1 2010 . SEAL'
AOPC 315-03
DATE PRINTED:
3/18/04
1:54:36 PM
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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 APPE~RANCE PERSONALLY OR BY
AN ATTORNEY AND FILING IN WRITIIfG WITH THE COURT YOUR DEFENSES
OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. OU ARE WARNED
THAT I F YOU FAIL TO 00 SO THE CASE MAY PROCEED W 'HOUT YOU AND
A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT W TROUT FURTHER
NOTICE FOR ANY MoNEy CLAIMED 1M THE COI,",LAINT OR OR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU' Y LOSS HONEY
OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
.
YOU 00
OR THE
HELP.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO THE TELEPHONE
OFFICE SET FORTH BELOW TO FIND om~ WHERE YOU CAN GET LEGAL
/
Cll1BERLAND CXXJNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISlE PA 17013
717 249 3166
Complaint
April 26, 2004
Common Pleas No: 04-1675 Civil
Plaintiff: Donald WQQdlWQQdy's
N. Front St.
West Fairview, P A 17025
Defendant: ArrQw AutQ Sales & Service
716 Erie St.
Dauphin, PA 17018
ArrQw AutQ Sales is resPQnsible fQr a 1987 Audi VIi~ WAUFB08l5HA009569,
which was abandQned .on private property .owned by Twigg's MQbile HQme Park in
Mechanicsburg, PA. I, DQn WQQd, .owner QfWQQdy's was ordered by Twigg's
management toO remQve the abandQned vehicle. I nQtified the manager .of ArrQW Auto as
SQQn as I was able toO .obtain the .owner infQrmatiQn fQr the abandQned vehicle. The
manager .of ArrQW AutQ was vulgar and uncQQperative when approached abQut his
resPQnsibility fQr the vehicle. 1 filed a civil cQmplaint with District Justice Placey in
Mechanicsburg. The dQcket number was CV -0000659-03 . The ruling was in my favQr
fQr the amQunt .of $2,371.50. The amQunt due fQr the vehiclf: increases by $10 per day
starting the next day after I filed the cQmplaint with District Justice Placey. The lQnger
that this civil dispute gQes .on; the larger the amQunt of mQney will be toO settle the bill.
Arrow AutQ has nQW filed an appeal in the Cumberland CQunty CQurt .of CQmmon Pleas.
This nQtice is a civil cQmplaint and intent toO defend this appc:al. I can be reached at (707)
732-4083 .or (717) 648-8765 if there are any questiQns in this matter.
I, DQn W QQd, .owner .of W QQdy's, hQld every statement enclosed in this cQmplaint toO be
the truth. _) _ ~7'1 / () ~ ~
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Signature J Date~C '1
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In the Court of Common Pleas of
Cumberland County, Pennsylvania
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To
Prothonotnry
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Anomey for Plaintiff
FllED-GFFlCE
OF TI-I~ t'"y.-. 0"'1 "....1 "'''v
r: l:-~'J! j"'~r,-,' \\) PJ: i
No.
Term, 19 _
2004 JU~ -I P,:i 9: 17
VS.
C., .
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...JJlY
PRAECIPE
Filed
19
, Alty.
DONALD WOOD/WOODY'S,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs.
NO. 04-1675 (CIVIL)
ARROW AUTO SALES & SERVICE,
Defendant.
AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania
SS:
County of Cumberland
I, Wanda Kinear, being duly sworn according to law deposes and says that I am a
competent adult, and that on July 20, 2004, at 11 :50 a.m., I personally served the Defendant at
716 Erie Street, Dauphin, Dauphin County, Pennsylvania, 17018, with a true and correct copy of
the reissued Complaint in the above-captioned matter.
~~(). v..-..""-~T't'\.~a~,j
WANDAKlNEAR
SWORN to and subscribed
"'"
before me this 2 0 day
of -:)":; I ')
,2004.
~A~SE~ ~
uonalCl WOOd, Jr., Notary Public
W. Falrview Bom,
Cumberland County
My Commllslo~ Expires Oct. 17, 2006
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NATHAN C. WOLF, ESQ.
SUPREME COURT ID NO. 87380
37 SOUTH HANOVER STREET
SUITE 201
CARLISLE PA 17013-3307
717-241-4436
DONALD WOOD/WOODY'S
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
v.
: NO. 2004-1675 Civil Term
ARROW AUTO SALES & SERVICE
Defendant
: CIVIL ACTION - LAW
NOTICE TO PLEAD
To: Donald Wood/Woody's
North Front Street
West Fairview, PA 17025
YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Defendant's
Preliminary Objections within twenry days from service hereof or a judgment may be entered
agaInSt you.
Dated: August L, 2004
d/
an . oil, Esquire
37 So Hanover Street
S . e201
Carlisle, PA 17013
Supreme Court I.D. No. 87380
(717) 241-4436
Attorney for Defendant
NATHAN C. WOLF, ESQ.
SUPREME COURT In NO. 87380
37 SOUTH HANOVER STREET
SUITE 201
CARLISLE PA 17013-3307
717-241-4436
DONALD WOOD/WOODY'S
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 2004-1675 Civil Term
v.
ARROW AUTO SALES & SERVICE
Defendant
: CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS
AND NOW comes the Defendant, Arrow Auto Sales & Service, by and through its counse~
Nathan C Wolf, Esquire and sets forth these preliminary objections to Plaintiff's Complaint
averring as follows:
MOTION TO STRIKE FOR FAILURE OF PLEADING
TO CONFORM TO LAW OR RULE OF COURT
1. Plaintiff filed its complaint on or about April 27, 2004 with the Prothonotary' of
Cumberland County, and reinstated the same on or about July 1,2004.
2. Plaintiff's fails to follow the Pennsylvania Rules of Civil Procedure with regard to the
numbered parngraphs, as required by Rule 1022, which provides that each pleading shall be divided
into parngraphs numbered consecutively and that each parngraph shall contain as far as practicable
only one material allegation.
3. Plaintiff's complaint is, in fact, only one parngraph of averments without numbering
and as such each averment cannot be responded to individually.
WHEREFORE, Defendant, Arrow Auto Sales & Service, Inc., respectfully prays that this
Honorable Court enter an order dismissing the Plaintiff's Complaint in its entirety for its failure to
conform to the formalities of pleading required by the Rules of Civil Procedure, and granting any
other relief as the CoUrt deems appropriate.
MOTION TO STRIKE FOR IMPROPER SERVICE OF PROCESS
4. Paragraphs one through three are incorporated by reference as if set forth fully herein.
5. Plaintiff's complaint should be stricken for failure to effectuate service of process in
accordance with the Rule of Civil Procedure 400 which requires service to be made by the Sheriff.
6. Plaintiff's complaint was delivered to Defendant bya woman who purported to be
Plaintiff's spouse.
7. Plaintiff did not obtain leave of CoUrt to have Defendant served by someone other than the
Sheriff, and as such, service was not properly made.
8. Based upon the foregoing, proper service was not effectuated and no responsive pleading
can be required of Defendant.
WHEREFORE, Defendant, Arrow Auto Sales & Service, Inc., respectfully prays that this
Honorable CoUrt enter an order dismissing the Plaintiff's Complaint in its entirety for failure to
effectuate service of process as required by the Rules, and granting any other relief as the CoUrt
deems appropriate.
MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY IN A PL:A:::G
AND r .F-GAL INSUFFICIENCY OF A PLEAnING INTHE NATUR
DEMURRER
9. Paragraphs one through eight are incorporated by reference as if set forth fully herein.
10. The averments in Plaintiff's complaint fail to either properly identify the Defendant,
and to establish the basis of his claims against Defendant.
11. Plaintiff's complaint fails to set forth dates of events in question, and the identity of
any individuals with whom communications took place.
12. Plaintiff's complaint fails to establish the nature or basis of the relief he claims
entitlement to and the calculation of damages as of the filing of the complaint.
13. Plaintiff's complaint fails to identify the harm incurred by Plaintiff, and how
Defendant has any duty to Plaintiff whatsoever.
14. Pennsylvania Rule of Civil Procedure 1019 requires a party to set forth such material
facts and circtunStances as to establish the basis of the cause of action, and the dates, times and
places from which damages may be computed.
15. Plaintiff's complaint fails to set forth any of the required content in such a manner
from which the Defendant may reasonably be required to raise defenses thereto.
WHEREFORE, Defendant, Arrow Auto Sales & Service, Inc., respectfully prays that this
Honorable O:Jurt enter an order dismissing the Plaintiff's O:Jmplaint in its entirety based on its
motion to strike for insufficient specificity of pleading and for legal insufficiency of pleading in the
nature of a demurrer, and granting any other relief as the O:Jurt deems appropriate.
August ~ 2004
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YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DE~ND9? _'/
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, ::(yorg HJiT
TAKE ACTION WITHIN TWENTy (20) DAYS AFTER THIS COMPLAINT AND NOTICE
ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
AN ATTORNEY AND FILING IN WRITllfG WITH THE COURT YOUR DEFENSES
OR OBJECT.IONS TO THE CLAIMS SET FORTH AGAINST YOU. OU ARE WARNED
THAT IF YOU FAIL TO 00 SO THE CASE MAY PROCEED W 'HOUT YOU AND
. A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT If TtfOU'l' FURTHER
NOTICE FOR ANY MoNEy CLAIMED IN THE COMPLAINT OR R ANY OTHER
CLA'IH OR RELIEF REQUESTED BY THE PLAINTIFF. YOU', Y LOSS MONEY
OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. .i
YOU DO
OR THE
HELP.
. ~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER" AT ONCE. IF
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TP.LEPHONE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
~
ClMBERLAND Q)UNTYBAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
717 249 3166
Complaint
April 26, 2004
Common Pleas No: 04-1675 Civil
Plaintiff: Donald Wood/Woody's
N. Front St.
West Fairview, PA 17025
Defendant: Arrow Auto Sales & Service
716 Erie St.
Dauphin, PA 17018
Arrow Auto Sales is responsible for a 1987 Audi VIN WAUFB081 5HA009569,
which was abandoned on private property owned by Twigg's Mobile Home Park in
Mechanicsburg, PA. I, Don Wood, owner of Woody's was ordered by Twigg's
management to remove the abandoned vehicle. I notified the manager of Arrow Auto as
Soon as I was able to obtain the owner information for the abandoned vehicle. The
manager of Arrow Auto was vulgar and uncooperative when approached about his
responsibility for the vehicle. I filed a civil complaint with Dis1rict Justice Placey in
Mechanicsburg. The docket number was CV -0000659-03. The ruling was in my favor
for the amount of$2,371.50. The amount due for the vehicle increases by $10 per day
starting the next day after I filed the complaint with District Justice Placey. The longer
that this civil dispute goes on; the larger the amount of money will be to settle the bill.
Arrow Auto has now filed an appeal in the Cumberland County Court of Common Pleas.
TIris notice is a civil complaint and intent to defend this appeal. I can be reached at (707)
732-4083 or (717) 648-8765 if there are any questions in this matter.
I, DoIi. Wood, owner of Woody's, hold every statement enclosed in this complaint to be
the truth.
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Signature '--/-,"-.-/ }/ / /'
Date L/} {,~.
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CERTIFICATE OF SERVICE
AND NOW, this~ay of ,I(jq; II ,2004, I, Donald Wood, Plaintiff,
...
hereby certif'y that I served the within Complaint this day by:
addressed to:
u.s. Mail, certified mail, return receipt requested and first class, postage prepaid,
ARROW AUTO SALES & SERVICE
716 Erie Street
Dauphin, PA 17018
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NATHAN C. WOLF, ESQ.
SUPREME COURT ID NO. 87380
37 SOUTH HANOVER STREET
SUITE 201
CARLISLE PA 17013-3307
717-241-4436
DONALD WOOD/WOODY'S
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
v.
: NO. 2004-1675 Civil Term
ARROW AUTO SALES & SERVICE
Defendant
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I personally served the following partywith a copy of
the foregoing Defendant's Preliminary Objections on this date and in the manner indicated.
SERVICE BY FIRST QASS MAIL:
Donald Wood/Woody's
North Front Street
West Fairview, PA 17025
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TOMASKO & KORANDA, P.C.
By: Michael A. Koranda, Esquire
PA ill #58808
219 State Street
Harrisburg, PAl 710 1
Phone: (717) 238-1100
mkoranda@t-klaw.com
Attorneys for Plaintiff
DONALD WOOD, SR., d/b/a WOODY'S, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs.
: No. 04-1675 (CIVIL)
ARROW AUTO SALES & SERVICE,
INC.,
CIVIL ACTION - LAW
Defendant.
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 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, P A 17013
Phone: 717-249-3166
TOMASKO & KORANDA, P.c.
By: Michael A. Koranda, Esquire
PA ill #58808
219 State Street
Harrisburg, PAl 71 01
Phone: (717) 238-1100
mkoranda@t-klaw.com
Attorneys for Plaintiff
DONALD WOOD, SR., d/b/a WOODY'S,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs.
: No. 04-1675 (CIVIL)
ARROW AUTO SALES & SERVICE,
INC.,
CIVIL ACTION - LAW
Defendant.
FIRST AMENDED COMPLAINT
NOW COMES the Plaintiff, Donald Wood, Sr., d/b/a Woody's, by and through his
attorneys, TOMASKO & KORANDA, P.C., and files the following Complaint against
Defendant, Arrow Auto Sales & Service, Inc., averring:
1. Plaintiff, Donald Wood, Sr., is an adult individual doing business at N. Front
Street, West Fairview, Cumberland County, Pennsylvania. At all times relevant hereto, Plaintiff
was the owner of "Woody's," which was a towing service licensed in the Commonwealth of
Pennsylvania.
2. Defendant, Arrow Auto Sales & Service, Inc., is a corporation duly-authorized
and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of
business of716 Erie Street, Dauphin, Dauphin County, Pennsylvania.
4. At all times relevant hereto, Defendant was the owner of a 1987 Audi sedan (VIN
No. W AUFB0815HA009569) (hereinafter, the "vehicle").
5. On or around August 7, 2003, the vehicle was illegally parked and abandoned at
Twigg's Mobile Home Park (hereinafter, "Twigg's), 5500 Carlisle Pike, Mechanicsburg,
Cumberland County, Pennsylvania.
6. On or around August 7, 2003, the management of Twigg's directed Plaintiff to
remove the vehicle from its property.
7. Plaintiff complied with the directive and on August 7, 2003, towed the vehicle to
its facility where it continues to be stored.
8. Upon confirming the identity of the owner of the vehicle, Plaintiff contacted
Defendant and advised that it had towed the vehicle at the request of Twigg's. Plaintiff further
advised that towing charges of$65.00 and past-due storage charges of$10.00 per day would
have to be paid before the vehicle could be released to Defendant. Plaintiff further advised
Defendant that the storage charges of $1 0.00 per day would continue to accrue for as long as the
vehicle remained at Plaintiffs facility. Defendant responded that he would not accept
responsibility for the vehicle and/or the towing fees and storage charges.
9. Pursuant to 75 Pa. C.S.A. S 3353(c), Defendant is liable to Plaintiff for towing
charges of$65.00 and storage charges in the amount of $4,490.00 as of October 31,2004 ($10.00
per day x 449 days). Defendant is also liable to Plaintiff for storage charges after October 31,
2004, at the rate of $1 0.00 per day.
-2-
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
in his favor and against Defendant, Arrow Auto Sales & Service, Inc., in the amount of
$4,555.00, plus storage charges of$10.00 per day after October 31,2004, and costs of suit,
which amount does not exceed the amount required for compulsory arbitration pursuant to the
local rules of court.
Respectfully submitted,
TOMASKO & KORANDA, P.e.
219 State Street
Harrisburg, PA 17101
Telephone: (717) 238-1100
By:
MICHAEL A. KORANDA
PAID #58808
-3-
VERIFICATION
I verify that the statements made in the attached FIRST AMENDED COMPLAINT are
true and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to penalties ofl8 Pa. C.S. 94904 relating to unsworn
falsification to authorities.
DATED: 1 J / { /oL{
92#2LJ L
DONALD WOOD, SR.
CERTIFICATE OF SERVICE
AND NOW, this ~day of ItJotR~ ,2004, I, Michael A. Koranda,
Esquire, attorney for the Plaintiff, hereby certify that I served the within FIRST AMENDED
COMPLAINT this day by:
u.s. Mail, first class, postage prepaid, addressed to:
Nathan C. Wolf, Esquire
37 South Hanover Street
Suite 201
Carlisle, P A 17013
B~~4a
MICHAEL A. KORANDA
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NATIIAN C. WOLF, ESQUIRE
ATTORNEYID NO. 87380
37 SOUTH HANOVER STREET,
SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR DEFENDANT
DONALD WOOD/WOODY'S,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 2004-1675 Civil Term
v.
ARROW AUTO SALES & SERVICE,
Defendant
: CIVIL ACTION.. LAW
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 an 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 LA ~VYER 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 Associ~ltion
32 South Bedford Street
Carlisle, Pennsylvania 17013-33,02
717-249-3166
NATHAN C. WOLF, ESQ.
SUPREME COURT ID NO. 87380
37 SOUTH HANOVER STREET
SUITE 201
CARLISLE PA 17013-3307
717-241-4436
ATTORNEY FOR DEFENDANT
DONALD WOOD/WOODY'S,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBE~)COUNTYPENNSYLVAN~
: NO. 2004-1675 Civil Term
v.
ARROW AUTO SALES & SERVICE,
Defendant
: CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO PLAINTIFF'S
FIRST AMENDED COMPLAINT
NOW COMES Defendant, Arrow Auto Sales & Service, by and through its attorney,
Nathan C Wolf, Esquire, and Answers Plaintiff's First Amended Complaint as follows:
1. Admitted.
2. Admitted.
3. Misnumbered. No response necessary.
4. Admitted.
5. Admitted in part, denied in part. It is admitted that on or about August 7, 2003, the
vehicle was parked at Twigg's Mobile Home Park (hereinafter "Twigg's), 5500
Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. However the
remainder of the averment is denied as to the vehicle being illegally parked and
abandoned at Twigg's.
6, Denied. Defendant, after reasonable investigation, is without knowledge or
information sufficient to form a belief as to the tmth of this averment.
7. Denied. Defendant, after reasonable investigation, is without knowledge or
information sufficient to form a belief as to the tmth of this averment.
8. Admitted in part, denied in part. It is denied that the owner of the vehicle is
defendant. The remainder of averment is admitted.
9. Denied. The averments of paragraph nine of Plaintiff's complaint constitute a
conclusion of law to which no response is required. To the extent, however, that a
response may be required, Defendant denies that he is liable for towing charges of
$65.00 and storage charges in the amount of $4,490.00 as of October 31,2004, and
for storage charges after October 31,2004, at a rate of $10.00 per day.
NEW MATTER
10. Defendant incorporates by reference its responses to paragraphs one through nine as
if set forth fully herein.
11. The vehicle in question was parked legally in the parking space next to the residence
of Bany Limpo, a tenant at Twiggs Mobile Home Park
12. The vehicle was, at all times relevant hereto, parke:d in the tenant's designated
parking space.
13. Barry Limpo was, at the time the vehicle was towed by Plaintiff, out of the country
for a six month period of time.
14. According to the Mobile Home Park Rules, only vehicles with expired license plates
were considered abandoned.
15. The vehicle in question bore a dealer's license plate, at all times relevant hereto, and
as such, did not expire.
16. The vehicle could therefore, not be considered abandoned.
17. Based on information and belief, Defendant is unaware of any attempts to provide
required notice to Defendant or Barry Limpo prior to the removal of the vehicle.
18. According to 75 Pa CS ~3353, proper notice must be posted for the section to apply
to private parking lots.
19. Defendant believes and therefors avers that proper notice was never given to the
public, and even if such notice was given, that Defendant's vehicle was not in
violation of the conditions.
20. Defendant furthermore avers that Plaintiff failed to notify Defendant of his
possession of the vehicle for a period of approximately sixty days, during which time
the storage fees continued to accrue.
21. Defendant avers the Plaintiffs actions in delaying the notification to Defendant were
intentional and wrongful, and as the basis for Plaintiff's claims against Defendant,
should be dismissed,
WHEREFORE, Defendant prays that this Honorable O)urt dismiss Plaintiff's claim for
damages and any other relief from Defendant with prejudice against the Plaintiff and enter judgment
in favor of Defendant in the nature of costs of this action and counsel fees, in addition to any other
relief that the Court deems appropriate.
Respectfully submitted,
December 2l., 2004
VERIFICATION
I, Nathan C. Wolf, Esquire, depose and say that I am the attorney for Defendant, and that
while I do not have personal knowledge of all the facts recited in the foregoing Defendant's Answer
to Plaintiff's First Amended Complaint, the information contained therein has been collected and
made available to me by others and said Answer to Plaintiff's First: Amended Complaint is true and
correct to the best of my knowledge, information and belief at this point in time and is therefore
verified on behalf of Defendant. I make this statement subject to the penalties of 18 Pa. C.S. ~ 4904
relating to unsworn falsification to authorities.
Dated: December ~ 2004
,~ an .' olf, Esquire
( Counsel for Defendant
NATHAN C. WOLF, ESQ.
SUPREME COURT ID NO. 87380
37 SOUTH HANOVER STREET
SUITE 201
CARLISLE PA 17013-3307
717-241-4436
ATtORNEY FOR DEFENDANT
DONALD WOOD/WOODY'S
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBE~)COUNTYPENNSYLVAN~
: NO. 2004-1675 Civil Term
v.
ARROW AUTO SALES & SERVICE
Defendant
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I personally served the following partywith a copy of
the Answer to Plaintiff's First Amended Complaint on this date and in the manner indicated.
SERVICE BY FIRST ClASS MAIL:
Michael A. Koranda, Esquirl~
T omaski & Koranda, P .C.
219 State Street
Harrisburg, PA 17101
Date: December 71 ,2004
Nal olf, Esquire
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TOMASKO & KORANDA, P.C.
By: Michael A. Koranda, Esquire
PA ill #58808
219 State Street
Harrisburg, PA 17101
Phone: (717) 238-1100
mkoranda@t-klaw.com
Attorneys for Plaintiff
DONALD WOOD, SR., d/b/a WOODY'S,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs.
: No. 04-1675 (CIVIL)
ARROW AUTO SALES & SERVICE,
INC.,
CIVIL ACTION - LAW
Defendant.
REPLY TO NEW MATTER
NOW COMES the Plaintiff, Donald Wood, Sf., d/b/a Woody's, by and through his
attorneys, TOMASKO & KORANDA, P.e., and avers as follows:
10. Paragraph No.1 through 9 of the First Amended Complaint are incorporated
herein by reference as if fully set forth at length.
11. Denied. The allegations of this paragraph constitute conclusions oflaw to which
no responsive pleading is required and accordingly, the same are denied and strict proofthereof
is demanded at trial.
12. Denied. After reasonable investigation, Plaintiff is without knowledge or
information sufficient to form an opinion as to the truth of the matter asserted and strict proof
thereof is demanded at trial.
13. Denied. After reasonable investigation, Plaintiff is without knowledge or
information sufficient to form an opinion as to the truth of th(: matter asserted and strict proof
thereof is demanded at trial.
14. Denied. The allegations of this paragraph constitute conclusions oflaw to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof
is demanded at trial.
15. Denied. The vehicle did not display any license plate.
16. Denied. The allegations of this paragraph constitute conclusions oflaw to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof
is demanded at trial.
17. Denied. After reasonable investigation, Plaintiff is without knowledge or
information sufficient to form an opinion as to the truth of the matter asserted and strict proof
thereof is demanded at trial.
18. Denied. The allegations of this paragraph constitute conclusions oflaw to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof
is demanded at trial.
19. Denied. The allegations ofthis paragraph constitute conclusions oflaw to which
no responsive pleading is required and accordingly, the same: are denied and strict proofthereof
is demanded at trial.
20. Admitted. By way of further response, since the vehicle did not display a license
-2-
plate, it took a significant amount of time for Plaintiff to ascertain the identity of the vehicle's
owner.
21. Denied. The allegations of this paragraph constitute conclusions of law to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof
is demanded at trial.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
in his favor and against Defendant, Arrow Auto Sales & Service, Inc., in the amount of
$4,555.00, plus storage charges of$IO.00 per day after October 31,2004, and costs of suit,
which amount does not exceed the amount required for compulsory arbitration pursuant to the
local rules of court.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: (717) 238-1100
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BY~ ,,/ ~._~
MICHAEL A. KORANDA
PAID #58808
VERIFICATION
I verify that the statements made in the attached REPLY TO NEW MATTER are true
and correct to the best of my knowledge, information and belief. I understand that false state-
ments herein are made subject to penalties of 18 Pa. C.S. 94904 relating to unsworn falsification
to authorities.
DATED:
1/27/0:J
~/~
DONALD WOOD
...................-....
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CERTIFICATE OF SERVICE
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AND NOW, this.J1- day of Vll/IJ..../A~/'-( ,2005, I, Michael A. Koranda,
Esquire, attorney for the Plaintiff, hereby certify that I served the within REPLY TO NEW
MATTER this day by:
u.s. Mail, first class, postage prepaid, addressed to:
Nathan C. Wolf, Esquire
37 South Hanover Street
Suite 201
Carlisle, P A 17013
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DONALD WOOD/WOODY'S,
IN THE COURT OF COMMON'PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs.
NO. 04-1675 (CNIL)
ARROW AUTO SALES & SERVICE,
Defendant.
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Michael A. Koranda, Esquire, counsel for the plaintiff in the above action, respectfully
represents that:
I. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $6,815.00, plus $10.00 per day storage
charges for each day after June 14,2005, statutory interest and costs of suit.
3. The following attorneys are interested in the case as counselor are otherwise
disqualified to sit as arbitrators:
Michael A. Koranda, Esquire
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, P A 17101
Nathan C. Wolf, Esquire
37 South Hanover Street, Suite 201
Carlisle, P A 17013
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, P A 17101
Telephone: (717) :400
B1~
MICHAEL A. KORANDA
PAID #58808
CERTIFICATE OF SERVICE~
AND NOW, this J!1:!day of JUA./p ,2005, I, Michael A. Koranda,
Esquire, attorney for the Plaintiff, hereby certifY that I served the within PETITION FOR
APPOINTMENT OF ARBITRATORS this day by:
u.s. Mail, first class, postage prepaid, addressed to:
Nathan C. Wolf, Esquire
37 South Hanover Street
Suite 201
Carlisle, P A 17013
By:
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DONALD WOOD/WOODY'S,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs.
NO. 04-1675 (CIVIL)
ARROW AUTO SALES & SERVICE,
Defendant.
ORDER OF COURT
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, Esquire and \. '4 rI-L ~ f.4.) , Esquire, are
appointed arbitrators in the above-captioned action as prayed for.
By the Court,
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Donald Wood/Woody's
In The Court of Common Please of Cumberland
Plaintiff
County, Pennsylvania No. ~ - 1675
Arrow Auto Sales & Service
Defendant
Civil Action - Law
Oath
We do solemnly swear (or affirm) that we will s
States and the Constitution of this Commonwe
fidelity.
port, obey and defend the Constitution of the United
and that we will discharge the duties of our office with
,;,"e~
Robert C. Saidis, Esq.
Name (Chairman)
Saidis, Shuff, Flower
_~ Lindsay__
Law Firm
Barry
Name
Esq.
Todd C. Hough, Esq.
Name
Lavery, Faherty, Young
& Patterson
Law Firm
Margolis Edelstein
Law Firm
26 West High Street
Address
3510 Trindle Road
Address
225 Market St-rpet. .c:lli rp 304
Address
Carlisle
City,
17013
. Zip
Camp Hill
City,
17011
Zip
Harrisburg
City,
17101-2126
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)
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sert name if applicable)
Date of Hearing: ,5)//pIO\~
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Date of Award: e / /9, I <! r-
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(Chairman)
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Notice of Entry of Award
Now, the ~ clay of ~ ' 20 O)~t f. 0" , .Ji,.M., the above award was entered
upon the docket and notice there gIven by maIl to the partIes or their attorneys.
e paid upon appeal: $
d90.60
By:
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DONALD WOOD/WOODY'S,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 2004-1675 Civil Term
v.
ARROW AUTO SALES & SERVICE,
Defendant
: CIVIL ACTION - LAW
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY:
Notice is given that Defendant appeals from the award of the board of arbitrators entered in
this case on August 22, 2005.
A jury trial is demanded D.
I hereby certify that the compensation of the arbitrators has been paid.
Respectfully submitted,
Dated: September 2..-', 2005
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
o for JURY trial at the next term of civil court.
[Xl for trial without a jury.
-------~--------------------------------------------------------.---------------------------------------------.------
CAPTION OF CASE
(entire caption must be stated in full)
Donald Wood/Woody's
(check one)
o Civil Action - Law
Qg Appeal from arbitration
o
( other)
(Plaintift)
vs.
Arrow Auto Sales & Service
The trial list will be called on
and
Trials commence on
(Defendant)
Pretrials will be held on
(Briefs are due 5 days before pretrials
vs.
No. 7004-11'>7<) ((:1"n 'l'P1Mn) Term
Indicate the attorney who will try case for the party who files this praecipe:
Michael A. Koranda, Esq., 219 State St., Harrisburg, PA 17101
Indicate trial counsel for other parties if known:
Nathan C. Wolf, Esq.,
37 South Hanover St., Ste. 201, Carlisle, PA 17013
Signed;~E/ ~
This case is ready for trial.
Date: 01/29/"2a.:6
. N M.ichael A. Koranda
PrInt ame: .
Plaintiff
Attorney for:
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Donald Wood/Woody's
In The Court of Common Please of Cumberland
Plaintiff
County, Pennsylvania No. ~ - 1675
Arrow Auto Sales & Service
Defendant
Civil Action - Law
Oath
Robert c. Saidis, Esq.
port, obey and defend the Constitution of the United
and that we will discharge the duties of our office with
,~
We do solemnly swear (or affIrm) that we will s
States and the Constitution of this Commonwe
fidelity.
19na r
Todd C. Hough, Esq.
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iURTIS R. LONG
Prothonotary
Cumberland County
one Courthouse Square
Carlisle, PA 17013
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DONALD WOOD/WOODY'S
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
NO. 04-1675 CIVIL
ARROW AUTO SALES AND
SERVICE,
Defendant
IN RE: NONJURY TRIAL
ORDER
AND NOW, this
/ '3 - day of October, 2005, a pretrial conference in the above
captioned matter is set for Thursday, December I, 2005, at 9:00 a.m. in the Chambers ofthe
undersigned.
BY THE COURT,
~chael A. Koranda, Esquire
For the Plaintiff
. /1d
~than C. Wolf, Esquire
For the Defendant -.l
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DONALD WOOD/WOODY'S
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 04-1675 CIVIL
ARROW AUTO SALES AND
SERVICE,
Defendant
IN RE: PRETRIAL CONFERENCE
Present at a pretrial conference held this date were Michael A. Koranda, Esquire, attorney
for the plaintiff, and Nathan C. Wolf, Esquire, attorney for the defendant.
The plaintiff has brought this action seeking collection of towing and storage fees with
respect to the removal from Twigg's Mobile Home Park ofa 1987 Audi sedan on August 7,
2003.
An issue in this case is whether the procedures to be applied are those in 75 Pa.C.S.A.
3353 or 75 Pa.C.S.A. 7301 et seq. The defendant contends (and it is not disputed) that he is not a
licensed salvor and that he removed the subject vehicle under the law with respect to the illegal
parking of vehicles on private property.
The plaintiff has listed Officer Steven Spangler of the Hampden Township Police
Department as a witness in the case. Defense counsel desires an offer of proof. Mr. Wolfis
uncertain whether Officer Spangler will be called. It was agreed that if and when a decision is
made to call Officer Spangler, Mr. Wolf will notify Mr. Koranda to that effect.
A nonjury trial has been set for Friday, January 13,2006, at 10:30 a.m. It is hoped that
the parties can stipulate to some of the facts of the case.
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December I, 2005
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Michael A. Koranda, Esquire
For the Plaintiff
Nathan C. Wolf, Esquire
For the Defendant
Court Administrator
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DONALD WOOD/WOODY'S
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 04-1675 CIVIL
ARROW AUTO SALES AND
SERVICE,
Defendant
ORDER
AND NOW, this
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day of January, 2006, at the request of counsel for the defendant
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and with the concurrence of counsel for the defendant, the nonjury trial in the above captioned
matter set for January 13,2006, is continued to Friday, March 17,2006, at I :30 p.m. in
Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A.
BY THE COUR'IFL'1/ ..
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r Kevin A. Hess,-J.
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Michael A. Koranda, Esquire
For the Plaintiff
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Nathan C. Wolf, Esquire
For the Defendant
Court Administrator
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DONALD WOOD/WOODY'S
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LA W
NO. 04-1675 CIVIL
ARROW AUTO SALES AND
SERVICE,
Defendant
ORDER
AND NOW, this L r day of March, 2006, the nonjury trial in the above captioned
matter set for March 17, 2006, is continued to Wednesday, March 29, 2006, at 1 :30 p.m. in
Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A.
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vX'athan C. Wolf, Esquire li{",S r
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DONALD WOODIWOODY'S
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 04-1675 CIVIL
ARROW AUTO SALES AND
SERVICE,
Defendant
VERDICT
BEFORE HESS. 1.
AND NOW, this
(/f day of May, 2006, we find in favor ofthe plaintiff and
against the defendant in the amount of $65.00, together with interest at the legal rate from
October 8, 2003. There being no dispute that the cost of storage exceeds the value of the vehicle,
the 1987 Audi, VIN number W AUFB0815HA009569, title number 42687048603, is forfeited to
the plaintiff with authority to apply for a certificate of title.
BY THE COURT,
Court Administrator
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vlITIchael A. Koranda, Esquire
For the Plaintiff
~than C. Wolf, Esquire ~
For the Defendant
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DONALD WOOD/WOODY'S
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 04-1675 CIVIL
ARROW AUTO SALES AND
SERVICE,
Defendant
MEMORANDUM AND VERDICT
BEFORE HESS. J.
This suit seeks recovery of towing and storage fees. The vehicle which was towed and
which has been stored is a 1987 Audi sedan which the parties value at approximately $200.00.
In addition to a towing fee of$65.00, the plaintiff seeks more than $9,000.00 in storage fees.
The essential facts are not in dispute.
The plaintiff, Donald Wood, is the owner of "Woody's" which is a towing service
licensed in the Commonwealth of Pennsylvania. The defendant, Arrow Auto Sales and Service,
is an automobile dealership owned by Mr. Robin Diver. The defendant acquired the subject
1987 Audi from an individual named Paula Zorek. Shortly after acquiring the vehicle, the
defendant loaned it to an individual named Barry Limpo. Mr. Limpo had a residence at the
Twigg Mobile Home Park in Mechanicsburg, Cumberland County. He parked the vehicle there
where it remained while he was out of the country for several weeks during the summer of2003.
The park rules and regulations, which had been furnished to Mr. Limpo, provided that any
vehicle at the park not bearing a current valid inspection sticker and license plate would be towed
away and stored at the owner's expense. Because the 1987 Audi sedan was in violation of park
rules, it was towed on August 7, 2003.
NO. 04-1675 CIVIL
On August II, 2003, the plaintiff submitted the vehicle identification number to the
Pennsylvania Department of Transportation. The record abstract, dated August 11 th, indicated
the vehicle was still owned by Paula Zorek. On August 18,2003, the defendant applied for and
received a certificate of title for the vehicle. This was approximately eleven days after it had
been towed. The defendant learned for the first time, on October 1,2003, that the vehicle had
been towed and that the plaintiff was seeking a towing fee of$65.00 together with a storage fee
of$IO.OO per day. The plaintiff and defendant were unable to reach an accommodation of this
matter, one suggestion being that the vehicle be turned over to the plaintiff in exchange for the
forgiveness of the storage fees. The vehicle has now been in storage for a time period
approaching a thousand days. I
We note, initially, that while Mr. Limpo was made aware of the rules and regulations of
the Twigg Mobile Home Park, the true owner of the vehicle, the defendant, was not. We are
satisfied, therefore, that the remedies available to the plaintiff are limited to those provided for in
the Motor Vehicle Code. Section 3353 of the Code, entitled "Prohibitions in Specified Places,"
provides that, under certain circumstances, the landowner "may remove or have removed [a]
vehicle at the reasonable expense of the owner of the vehicle." The Code goes on to provide
that:
Such person who removes or has removed a
vehicle left parked or unattended in violation ofthe
provisions of subsection (b) shall have a lien
against the owner of the vehicle, in the amount of
the reasonable value of the costs of removing the
vehicle plus the costs of storage.
1 The plaintiff admits that his storage lot has never been completely full. In other words, he has not been required to
turn away any storage business on account of the 1987 Audi.
2
NO. 04-1675 CIVIL
The law is clear, we believe, that where an illegally parked vehicle is removed, a judgment may
be had against the owner of the vehicle for the cost of towing. There is a question, however, as
to the extent of the liability of the vehicle owner for the costs of storage. With respect to those
costs, the statute provides that the person who removes the vehicle "shall have a lien against the
owner of the vehicle" for the storage costs.
Black's Law Dictionary defines "a lien" as a "charge or security or encumbrance upon
property." Black, Henry Campbell, Black's Law Dictionary, Fifth Edition (West Publishing Co.,
St. Paul, Minn. 1979) 832. We have been unable to find any body oflaw suggesting that there is
such a thing as a lien against a person.2 We are satisfied that, if our legislature had intended that
a person towing a vehicle could obtain a judgment against the owner of a vehicle for the amount
of storage (no matter how much), it would have said so. Instead, the statute provides for a "lien"
against the owner for the amount of storage. In determining the extent of this "lien," a review of
our case law is helpful.
The portion of Section 3353, allowing for a lien in the amount of the costs of towing and
storage, was added in 1979. It is logical to assume that this legislative action was in response to
the case of Apartment Owners and Managers Committee of State College Area Chamber of
Commerce v. Brown, 382 A.2d 473,252 Pa.Super. 539(1977), reversed at 410 A.2d 747, 487 Pa.
548 (1980). This case involved the consolidation of two lower court cases. The issue at the
heart of both matters was whether one who removes an illegally parked vehicle from his land has
a possessory lien on the vehicle for the costs of towing and storage. The cases arose from the
2 There are, of course, cases which discuss the issue of what constitutes "property" subject to a lien. Loma v. Pa.
Public Utility Comiss., 682 A.2d 424 (1996), for example, holds that a certificate of public convenience for a motor
carrier service is property subject to the Federal Tax Lien Statute. The statute, at 26 U.S.C. ~ 6231, provides that
amounts of unpaid income tax together with penalties "shall be a lien in favor of the United States upon all property
and rights to property, whether real or personal, belonging to such person."
3
NO. 04-1675 CIVIL
problem presented by persons who illegally parked their motor vehicles on private property on
weekends when the Penn State football team played at State College. Attempts to remedy the
situation, such as posting warning signs or issuing citations, had been of little or no avail. The
matter was brought to a head on October 27,1973, when Henry Gnas drove to State College to
attend a football game at Beaver Stadium.
After the game, he and his companions drove to
downtown State College for dinner. Mr. Gnas
parked his car illegally in a private parking lot near
the restaurant in violation of the Vehicle Code. . ..
Upon finding his car missing from the parking lot,
Mr. Gnas was informed that it was at an auto
pound owned and operated by Natalie's Towing
Service Inc,.. Mr. Gnas' s brother then went to
Natalie's and was apparently told he would not be
able to remove the car unless he paid the towing
charge of $25.30, which he did. Subsequently, Mr.
Gnas filed a complaint in assumpsit in the Court of
Common Pleas of Centre County asserting that
Natalie's had wrongfully withheld and deprived
Gnas of his motor vehicle and demanded the
refund of the towing fee plus interest.
A separate action was initiated by the Apartment
Owners and Managers Committee of the State
College Area Chamber of Commerce et al...
against the District Attorney of Centre County,
Charles Brown, appellee. It seems that the illegal
parking of cars on private property was a common
occurrence at State College, especially during
football games. To combat this problem, the
Apartment Owners and Managers Committee
persuaded Emanuel Natalie to form a towing
service to remove the illegally parked vehicles. It
was the practice of Natalie's to release the vehicles
to their owners only after payment of the towing
fee. In January of 1974, the District Attorney
publicly announced at a meeting of the Committee
that the holding of the towed vehicles pending
payment of the towing fee constituted theft under
4
NO. 04-1675 CIVIL
Chapter 39 of the Crimes Code... and that his
office would prosecute the holder of such vehicles
for theft. Consequently, Emanuel Natalie
discontinued his towing service which prompted
the Committee to file a Petition for Declaratory
Relief requesting a judicial interpretation of the
relevant provisions of the Vehicle Code and the
Crimes Code. This action was consolidated for
trial with Gnas's action in assumpsit.
ld. at 748-749. The then applicable provision of the Vehicle Code allowed a landowner to
remove an illegally parked vehicle "at the reasonable expense of the owner thereof." 75 P.S.
1021.1, now repealed. The Superior Court upheld the action of the lower court in granting the
reliefrequested by Gnas, directing that Natalie's refund the towing fee because the Vehicle Code
did not permit a possessory lien on the vehicle and, therefore, neither the property owner nor the
towing service had the right to retain possession of the towed vehicle until the towing charge was
paid. The Supreme Court reversed, finding that both lower courts had engaged in an
"unnecessary search for the illusive lien." The Supreme Court, noting that vehicles could be
removed at the "reasonable expense of the owner" held that one could not be permitted to thwart
the clear intention of the legislature by prevailing in an action to recover monies paid for towing.
In dismissing Gnas's action, the Supreme Court found it unnecessary to resolve the question of
whether the towing service had a possessory lien on the vehicle.
The Supreme Court upheld the Superior Court in dismissing the declaratory judgment
action against the district attorney. The court noted that the case was moot given a November
1979 amendment to the Vehicle Code which provided, inter alia, that the person removing an
illegally parked vehicle "shall have a lien against the owner ofthe vehicle, in the amount of the
reasonable value of the costs of removing the vehicle." The Supreme Court observed that the
5
NO. 04-1675 CIVIL
recent amendment established "a lien on the towed vehicle" whereby the tower was "authorized
to retain possession until the lien is satisfied."
We are satisfied that the current version of Section 3353 permits recovery of the costs of
towing irrespective of the existence of a lien. Given the foregoing history, it is equally clear to
us that the sole remedy with regard to the collection of storage fees is a lien on the vehicle in the
amount of reasonable fees. In other words, the tower may retain possession of the vehicle until
such time as the reasonable storage fees are paid.
In this case, the plaintiff now has possession of the defendant's vehicle. The cost of
storage far exceeds the value of the car. The right of the defendant to retain the vehicle is, for all
practical purposes, extinguished.3
VERDICT
AND NOW, this
/~ day of May, 2006, we find in favor of the plaintiff and
against the defendant in the amount of $65.00, together with interest at the legal rate from
October 8, 2003. There being no dispute that the cost of storage exceeds the value of the vehicle,
the 1987 Audi, VIN number W AUFB0815HA009569, title number 42687048603, is forfeited to
the plaintiff with authority to apply for a certificate of title.
BY THE COURT,
AJ
3 The Vehicle Code provides that where the interest of an owner in a vehicle passes to another "other than by
voluntary transfer," the transferee may apply for a certificate of title. See 75 Pa.C.S. 1114.
6
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NO. 04-1675 CIVIL
Michael A. Koranda, Esquire
For the Plaintiff
Nathan C. Wolf, Esquire
For the Defendant
Court Administrator
7