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HomeMy WebLinkAbout09-5844TH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT c7y COMMON PLEAS No. Of - ?,4/v NOTICE OF APPEAL. Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPS wv..s..n?. .... M i kg R ., S'wa s^ z- 0!1- 2- f 1 p.v[g PI C ? rrt.,- I 8'7s s ZIP CODE ri RA Co-r-11 ATE S It, E CASEpF (Prakon (Deft"dwl? TH DATE OF rz% 8 0 • N1, PAY I'ke, ,tea. wwtv. ca w DOCKET No. SKWTURE OF APPELLANT OR ATTORNEY OR AGM cv- 00000sl- off . This block will be signed ONLY when this notation is required under Pa. If a ant was Clairnant see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice. will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after WM the NOTICE of APPEAL. SVn&% oarPm0wnolwyorD** 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. 1()01(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon R I4ya4 yJt T Q4xr,S appellee(s), to file a complaint in this appeal NWW of 8AWN a(s) (Common Pleas No. 0 / - ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. SOW&*ofappemeworso msyorag" RULE: To Ric W, PJ? , appedee(s) Name dappongs) (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 mad. (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 rule if service was by mail is the date of the mailing. Date: li? S' , 20 Q 9 ZnA4 . a D"-dy vf( YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM VYITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD- COPY TO BE SERVED ON DISTRICT JUSTICE OF 11 TI-t DFICE 1?bT "" AUG 25 ply CQVfStk.,'i._a. i r `t "r P i ?SVLJ -a'NTy 7p', 2s" of M, ke cwt PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPOWT (This proof of service MUST BE FILED WITHIN TFN (10) DAYS AFTER filing of the notice J)f appe"al. Cft6k applicbble boxes.). COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of a/fiant Signature ofofficial before whom affidavit was made Tine of official My commission expires on 20 - ''COMMONWEALTH OF PENNSYLVANIA C011NTY r)F• CIMZ>RIJM Meg. Dist. No.: 09-2-01 MDJ Name: Hon. PAULk P. CORRRI1L Address: 2260 SPRING RD SUITE #3 CkRLISLZ, Pk Telephone: (717 ) 218-5250 17013-0000 MIKE R. SWARTZ 1875 SPRING ROAD CART XSLZ, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: 1FOR PLA 31TIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rPZTZRS jtIC8MW N , 1118 MOUNTAIN SZO ERS CT >E]1Y3CTTZVI1LZ, PA 17222 L J VS. DEFENDANT: NAME and ADDRESS r-MMTZ, 1[IZ! R 1875 SPRING ROAD CARLISLZ, PA 17013 L J Docket No.: CV-0000051-09 Date Filed: 5/19/09 (Date of Judgment) 8/19/09 Judgment was entered for: (Name) PZTZRS, RICHAZD N 2 © Judgment was entered against: (Name) SWARTZ, MIKE R in the amount %J $ 6,602.07- Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time F] This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F-1 - Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 6,502.32 Judgment Costs $ 99• Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 6,602. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT 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 JUWGMENT 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. k t? Date , Ma istehal District Jucl e . I certify that this is a true and.,correct)copy of ithe r o oft roceedin conta"nq th Stu r'rt?'nt. f T Date (..! - elf , ?_ti, A - , MisQeri,°t istri Judge Oil My commission expires first Monday of January, 201? l' ;SEAL-? AOPC 315-! 7'> DATE PR33rrED s 8119109 2:0500 PM r *Comment: When Defendant pays judgment - Plaintiff shall return the vehicle in question to Defendant. XOMMONWEALTH OF PENNSYLVANIA COUNTY nF• CMMZRIJM Mag. Dist. No.: MDJ Name: Hon. 09-2-01 PA UL& P. CORtZAL Address: 2260 SPRXNG BD SIIITE #3 CARLISLE, PA Telephone: (717) 218-5250 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r?TZ, XXXX R 1875 SPRIZO ROAD CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS rPET=S, Rxcmm N 1118 NOU>NTAW SNONZZB CT > AIZTTEVILLE, PA 17222 XXzZ R. 8=RTZ L J 1875 SPRXNG ROAD Docket No.: CV-0000051-09 CILRLISLZ, PA 17013 Date Filed: 6/02/09 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAXNTI" (Date of Judgment) 8119109 Judgment was entered for: (Name) 811111ftTZ, 1[I=E R Judgment was entered against: (Name) PZTEIRS, RXCi[&]W ?N in the amount of $ • Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time 1-1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 . Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ • 00 Judgment Costs $ Interest on Judgment $ . Attorney Fees $ Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR 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. V1q Ljo Date ( !r' , Magisterial District Judge I certify that this is a true and t cop of f t e procee ' gs containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 8119109 2:07:00 PN "fto *Comment: Old wheels returned to Plaintiff today. No finther monetary judgment. Er ` .Jill a.4.f• _ p. .. -0 to r1 r-q $0,47* o ;ert Q Return Heceic Fee Q (Endorsement Requirsd) Restricted Delivery Fee C3 (Endorsement Required) Total Postage & Fees r? e' S .00 - S3.2 `09/16/200,91r:-1 sent to -"- ?. o !G 1 ?' 6J, ------------ ---- --- ? Street, Apt. No.; u ? r~- or PO Box No. ? ? I L A001 t . /il t ty «J C.,( / , --- .--....-'.----.--"- - ' ------------------------------------ City, State, ZIP+4 .- ?,,? f{e ?il4, ? 1722-Z 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 PENNSYLVA IA COUNTY OF 64 'W L ?°.rtaC. ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas e? - SO 71 upon the District Justice designated therein on (date of service) - 20 OC ?I by personal service J9 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ( C%,.cn 4 t-Al 1 ?47 , on 20 c+ef ? by personal service by (certified) (registered) mail, sender's receipt attached hereto- WORN) (AFFIRMED) AND UBSCRIBED BEFORE ME _'? DAY OF , 20 0q ignature of official betore whom affidavit s made Title of offs al My commission expires on 20 NOWL SEAL PRaTHONQ?'lIRY? h CARM MIS t.M . Signature of afffant e fq? . DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 RICHARD W. PETERS Plaintiff V. MIKE R. SWARTZ To The Prothonotary: Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - IN LAW : NO. 2009-5844, CIVIL TERM PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance as attorney for Plaintiff, Richard W. Peters, in the above captioned matter. Date: September 14, 2009 "?a ?'a 4?- DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff OF THE R 2009 SEP 14 Pry 12: 2 5 DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 RICHARD W. PETERS Plaintiff V. MIKE R. SWARTZ Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - IN LAW NO. 2009-5844, CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 1-800-990-9108 (717) 249-3166 NOTICIA LE HAN DADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE TAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, &I -w USTED TIENE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA lp VOR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSES O SUS OBJECTIONS A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADAS O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA UN PERSONA O LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 A {, • r Date: September 14, 2009 DOUGLAS C. LOVELACE, JR., Esquire Attorney for Plaintiff Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 2 DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 : IN THE COURT OF COMMON PLEAS RICHARD W. PETERS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW MIKE R. S WARTZ Defendant NO. 2009-5844, CIVIL TERM COMPLAINT AND NOW comes Plaintiff, Richard W. Peters, by and through his undersigned attorney, Douglas C. Lovelace, Jr., Esquire, and respectfully represents as follows in support of this Complaint: Parties and Personal Jurisdiction 1. Plaintiff, Richard W. Peters, is an adult individual residing at 1118 Mountain Showers Ct., Fayetteville, Franklin County, Pennsylvania 17222. 2. Defendant, Mike R. Swartz, is an adult individual residing and doing business at 1875 Spring Road, North Middletown Township, Cumberland County, Pennsylvania, 17013. Subject Matter Jurisdiction 3. The court has jurisdiction over the subject matter of this suit because the parties, in Cumberland County, Pennsylvania, at Defendant's residence and place of business, on or about February 27, 2009 entered into a verbal agreement by which Defendant sold and Plaintiff purchased a 1995 Acura Integra GSR automobile (hereafter "automobile"), for a purchase price of $4,400.00, excluding taxes and fees. 4. The court has jurisdiction over the subject matter of this suit because the parties, in Cumberland County, Pennsylvania, at Defendant's residence and place of business, entered into a verbal agreement by which Defendant and Plaintiff agreed for Defendant to perform repair work on the aforementioned automobile purchased by Plaintiff from Defendant, which work Defendant claims to have performed at his aforementioned residence and place of business in Cumberland County, Pennsylvania. 5. The court has jurisdiction over the subject matter of this suit because Plaintiff avers that Defendant breached the terms of his agreements with Plaintiff at Defendant's aforementioned residence and place of business in Cumberland County, Pennsylvania. Factual Averments 6. Plaintiff avers, upon information and belief, that at all times relevant to this action Defendant negotiated the retail sale of five or more motor vehicles in a calendar year or negotiated the sale of a vehicle that was not owned by Defendant or which was acquired by Defendant for resale purposes. 7. Defendant advertises automobiles for sale on the internet, using the Craig's List forum. 8. Defendant sells approximately twenty automobiles per year. 9. Plaintiff avers, upon information and belief, that at all times relevant to this action, Defendant was a dealer or motor vehicle dealer, as defined by Pennsylvania consumer protection law, 37 Pa. Code § 301.1, et seq. 10. Plaintiff avers, upon information and belief, that at all times relevant to this action, Defendant engaged in the business of diagnosing or repairing malfunctions of or damage to motor vehicles or performed maintenance service on motor vehicles, for compensation, at his 2 aforementioned place of business at 1875 Spring Road, North Middletown Township, Cumberland County, Pennsylvania. 11. Plaintiff avers, upon information and belief, that at all times relevant to this action, Defendant operated a commercial automobile repair shop at 1875 Spring Road, North Middletown Township, Cumberland County, Pennsylvania, as defined by Pennsylvania consumer protection law, 37 Pa. Code § 301.1, et seq. 12. On or about February 27, 2009, at 1875 Spring Road, North Middletown Township, Cumberland County, Pennsylvania, Defendant negotiated the sale of and sold to Plaintiff the aforementioned automobile. 13. On or about February 27, 2009, at 1875 Spring Road, North Middletown Township, Cumberland County, Pennsylvania, in negotiating the sale of the aforementioned automobile to Plaintiff, Defendant represented the automobile to be in good condition, free of mechanical defects. 14. On or about February 27, 2009, at 1875 Spring Road, North Middletown Township, Cumberland County, Pennsylvania, in negotiating the sale of the aforementioned automobile to Plaintiff, Defendant stated in writing, by affixing said writing on the window of the automobile, that the automobile "was just inspected for mechanical defects and fully serviced" and specifically stated that the engine oil had been changed. A true and correct copy of the said writing is attached hereto as Exhibit A. 15. The aforementioned automobile Defendant sold to Plaintiff is a good as defined by applicable Pennsylvania law. 3 16. Defendant did not, at any time relevant to this action, affix a notice to a window or windshield of the aforementioned automobile stating that the automobile was being sold without a warranty or "as is." 17. Defendant did not prepare or present to Plaintiff a written contract or bill of sale for the sale of the aforementioned automobile to Plaintiff. 18. Defendant failed to provide Plaintiff, at no additional charge, an exact copy of each document required by law to be provided concerning the sale of the aforementioned automobile, including, but not limited to the agreement of sale, odometer statement, warranty and other documents in which legal obligations are imposed on the Plaintiff. 19. Plaintiff purchased and, at all times relevant to this action, used the aforementioned automobile primarily for personal and family purposes. 20. Plaintiff titled, registered, and licensed the aforementioned automobile in Pennsylvania. 21. Shortly after taking possession of the aforementioned automobile from Defendant, Plaintiff drove the automobile and noticed it had a severe pull and vibration in the steering and front-end. 22. Upon noticing the problems with the automobile's steering, Plaintiff took the automobile to Ridgley's Automotive Services, located at 11 Mont Alto Road, Fayetteville, Pennsylvania, for diagnosis and repair. 23. Ridgley's Automotive Services informed Plaintiff that the steering and front-end problems could not be eliminated because two of the automobile's wheels were bent, and required replacement. 4 24. Ridgley's Automotive Services also informed Plaintiff of a broken pipe in front of the automobile's catalytic converter. 25. Ridgley's Automotive Services also informed Plaintiff that the automobile's engine had extraordinarily thick oil in it. 26. Ridgley's Automotive Services repaired the broken pipe, drained the improper oil from the automobile, and replaced it with the correct oil. Upon starting the engine with the correct oil in it, Ridgley's Automotive Services noticed and reported to Plaintiff heavy engine noise, evidencing serious engine damage that had been masked by the very thick oil. 27. Plaintiff paid Ridgley's Automotive Services $100.59 for the work Ridgley's Automotive Services performed on the automobile. A true and correct copy of the cancelled check Plaintiff wrote to Ridgley's Automotive Services is attached hereto as Exhibit B. 28. Plaintiff informed Defendant of Ridgley's Automotive Services' discovery of the serious engine damage and Defendant retrieved the automobile from Plaintiff to have the engine repaired. 29. Upon retrieving the automobile for repair, Defendant did not offer Plaintiff an estimate of how long the repairs would take. 30. After waiting several days for notification, Plaintiff telephoned Defendant to ask when the automobile would be ready. Defendant did not provide Plaintiff an estimate. 31. Defendant did not return the automobile to Plaintiff for over a month. 32. Defendant did not record in writing, prior to commencing repairs on the Plaintiffs aforementioned automobile, the information required by 37 Pa. Code § 301.5 (2). 33. Defendant did not record any authorization by Plaintiff to perform repairs or any dollar amount Plaintiff authorized Defendant to bill for repairing the automobile. 34. Defendant did not prepare nor provide Plaintiff a written estimate of the cost of repairs Defendant intended to make. 35. Defendant did not prepare nor provide Plaintiff a written record of the repairs Defendant claims to have performed on Plaintiffs aforementioned automobile. 36. Defendant did not prepare nor provide Plaintiff a complete invoice for the cost of parts and labor Defendant charged Plaintiff. 37. Defendant did not display anywhere in or near his repair shop what his labor charges are. 38. When Plaintiff retrieved the automobile from Defendant, Defendant charged Plaintiff $1,300.00 for the repairs. 39. The day after Plaintiff retrieved the automobile from Defendant, the accelerator malfunctioned while Plaintiff's son was driving the automobile, almost causing a serious accident. The cause of the malfunction was an improperly installed accelerator system, done when Defendant reassembled the automobile. 40. Shortly after retrieving the automobile from Defendant, Plaintiff noticed engine coolant was leaking from the engine. Plaintiff took the automobile to Expert Auto Care, located at 4323 LWE, Fayetteville, Pennsylvania. Expert Auto Care discovered that Defendant had installed an improper seal on the automobile's cooling system, thereby causing the leak. 41. Expert Auto Care also discovered that the rear center motor mount was left loose when Defendant reinstalled the engine in the automobile. Expert Auto Care installed the correct seal and properly tightened the engine mount. 42. Expert Auto Care also informed Plaintiff that the automobile's heater core was leaking engine coolant and required replacement. 6 43. Plaintiff paid Expert Auto Care $288.32 for the repairs it made to remedy the defects Defendant caused, except for the leak in the engine cooling system at the heater core, which would have been a much more expensive repair. A true and correct copy of Expert Auto Care's invoice is attached hereto as Exhibit C. 44. The automobile was not able to be operated for more than short trips due to engine overheating caused by the loss of engine coolant through the leak in the heater core. 45. Plaintiff called Defendant and asked Defendant to repair the automobile. Defendant refused, saying he was going to the Carlisle car show. 46. Plaintiff noticed that scratches that had previously been concealed by superficial polishing began to reappear on the automobile's windshield. 47. Plaintiff noticed that the automobile's sound system did not function and replaced it at a cost of $80.00. 48. Plaintiff demanded that Defendant take the automobile back and refund the purchase price to Plaintiff, but defendant refused, telling Plaintiff that Defendant sold Plaintiff the automobile "as is." 49. In performing repairs on the automobile, Defendant did not advise Plaintiff of his right to receive the parts Defendant replaced. 50. Prior to commencing repairs on the automobile, Defendant did not record in writing and provide a copy of the record to Plaintiff of the information required by 37 Pa. Code § 301.5 (2), although it was possible to do so. 51. At all times relevant to the repair of the automobile, although it was possible to do so, Defendant did not secure Plaintiff's written or oral approval for a specific limit to the costs of 7 repair, did not inform Plaintiff of Defendant's hourly labor rate, and did not display Defendant's labor rate in his repair facility 52. At all times relevant to the repair of the automobile, although it was possible to do so, Defendant did not display on his premises, in a clear and conspicuous manner, and disclose to Plaintiff the information required by 37 Pa. Code § 301.5 (4). 53 At all times relevant to the repair of the automobile, Defendant did not maintain a written record of the oral authorization he received from Plaintiff to repair the Montana that included the information required by 37 Pa. Code § 301.5 (5). 54. Upon completion of the repairs of the automobile, Defendant did not provide Plaintiff a written invoice containing the information required by 37 Pa. Code § 301.5 (8). Count I Plaintiff's Private Action for Defendant's Violation of Pennsvlvania Consumer Protection Laws Under the Provisions of 73 P.S. 6201-9.2 and 73 P.S. 4201-2 (4) (vii) 55. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 54, inclusive, as fully as though the same were set forth herein at length. 56. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2 and 73 P.S. §201-2. 57. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 8 58. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 59. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 60. By representing to Plaintiff that the aforementioned automobile was in good condition and free of mechanical defects, when the automobile had major engine damage masked by the addition of thick oil, bent wheels that could not be balanced, a scratched windshield initially disguised by superficial polishing, and an engine coolant leak, Defendant represented that the automobile was of a particular standard, quality or grade, when it was of another and committed an unfair or deceptive act or practice, in violation of 73 P.S. § 201-2(4)(vii). 61. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiff s costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count H Plaintiff's Private Action for Defendant's Violation of Pennsylvania Consumer Protection Laws Under the Provisions of 73 P.S. 4201-9.2 and 73 P.S. && 201-2 (4) (xxi) 62. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 61, inclusive, as fully as though the same were set forth herein at length. 9 63. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2, 73 P.S. §201-2, et seq. 64. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 65. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 66. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 67. By representing to Plaintiff that the aforementioned automobile was in good condition and free of mechanical defects, while knowing that the automobile had major engine damage masked by the addition of thick oil, bent wheels that could not be balanced, a scratched windshield initially disguised by superficial polishing, and an engine coolant leak, Defendant committed an unfair or deceptive act or practice by engaging in fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding, in violation of 73 P. S. § 201 - 2(4)(xxi). 68. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiffs costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. 10 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count In Plaintiff's Private Action for Defendant's Violation of Pennsylvania Consumer Protection Laws Under the Provisions of 73 P.S. &201-9.2 and 37 Pa. Code & 301.4 (a) (1) 69. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 68, inclusive, as fully as though the same were set forth herein at length. 70. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2 and 37 Pa.Code 301.1, et seq. 71. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 72. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 73. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 11 74. By failing to prepare a written contract for the sale of the aforementioned automobile and failing to provide Plaintiff with a copy of the same, Defendant committed an unfair or deceptive act or practice, in violation of 37 Pa.Code § 301.4 (a) (1). 75. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiff's costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count IV Plaintiff's Private Action for Defendant's Violation of Penns-vlvania Consumer Protection Laws Under the Provisions of 73 P.S. 6201-9.2 and 37 Pa. Code 6 301.4 (a) (3) 76. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 71, inclusive, as fully as though the same were set forth herein at length. 77. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2 and 37 Pa.Code 301. 1, et seq. 78. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer 12 or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 79. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 80. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 81. By failing to provide Plaintiff, at no additional charge, an exact copy of each document required by law to be provided including, but not limited to the agreement of sale, odometer statement, warranty and other documents in which legal obligations are imposed on Plaintiff, Defendant committed an unfair or deceptive act or practice, in violation of 37 Pa.Code § 301.4 (a) (3). 82. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiff's costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count V Plaintiff's Private Action for Defendant's Violation of Pennsvlvania Consumer Protection Laws Under the Provisions of 73 P.S. 4201-9.2 and 37 Pa. Code 6 3014 (a) (6) 13 83. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 82, inclusive, as fully as though the same were set forth herein at length. 84. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2 and 37 Pa.Code 301.1, et seq. 85. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 86. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 76. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 87. By failing to failing to refund the full amount of the purchase price when Plaintiff requested such, Defendant committed an unfair or deceptive act or practice, in violation of 37 Pa.Code § 301.4(a)(6), given that Defendant never presented a written sales contract to Plaintiff and failed to deliver to Plaintiff an automobile that conformed to Defendant's agreement with Plaintiff. 88. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiff's costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. 14 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count VI Plaintiff's Private Action for Defendant's Violation of Pennsylvania Consumer Protection Laws Under the Provisions of 73 P.S. &201-9.2 and 37 Pa. Code 4 301.4 (a) (9) 89. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 88, inclusive, as fully as though the same were set forth herein at length. 90. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2 and 37 Pa.Code 301. 1, et seq. 91. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 92. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 93. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 15 94. By attempting to exclude the implied warranties of merchantability and fitness for a particular purpose in the sale of the automobile purchased by Plaintiff primarily for personal, family or household purposes without posting, in at least 20-point bold type, prominently affixed to a window of the aforementioned automobile, so as to be easily read from the outside and brought to the attention of the Plaintiff by the seller: "This vehicle is sold without any warranty. The purchaser will bear the entire expense of repairing or correcting any defects that presently exist and/or may occur in the motor vehicle unless the salesperson promises in writing to correct such defect or promises in writing that certain defects do not exist," but telling Plaintiff after the sale of the aforementioned automobile that it was sold "as is," Defendant committed an unfair or deceptive act or practice, in violation of 37 Pa.Code § 301.4 (a) (9). 95. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiffs costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count VII Plaintiff's Private Action for Defendant's Violation of Pennsylvania Consumer Protection Laws Under the Provisions of 73 P.S. 6201-9.2; 37 Pa Code & 3015 (2) 96. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 95, inclusive, as fully as though the same were set forth herein at length. 16 97. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2 and 37 Pa.Code 301.1, etseq. 98. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 99. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 100. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 101. By not recording in writing, prior to commencing repairs on Plaintiff's aforementioned automobile, the information required by 37 Pa. Code § 301.5 (2), although it was possible to do so, and not providing a copy of the records to Plaintiff, Defendant committed an unfair trade practice in violation of 37 Pa. Code § 301.5 (2). 102. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiff's costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as 17 the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count VIII Plaintiff's Private Action for Defendant's Violation of Pennsvlvania Consumer Protection Laws Under the Provisions of 73 P.S. 6201-9.2 and 37 Pa Code 4 3015 (3) 103. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 102, inclusive, as fully as though the same were set forth herein at length. 104. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2 and 37 Pa.Code 301. 1, et seq. 105. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 106. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 107. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 108. By charging Plaintiff for repairs which Plaintiff did not authorized in writing and charging Plaintiff a price not authorized by Plaintiff in writing, for maintenance or repair services, when such price also was not displayed in a clear and conspicuous manner on the 18 premises, and when Defendant easily could have sought such authorizations in writing, Defendant committed an unfair trade practice in violation of 37 Pa. Code § 301.5 (3). 109. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiffs costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count IX Plaintiffs Private Action for Defendant's Violation of Pennsylvania Consumer Protection Laws Under the Provisions of 73 P.S. 4201-9.2 and 37 Pa. Code & 3015 (5) 110. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 109, inclusive, as fully as though the same were set forth herein at length. 111. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2 and 37 Pa.Code 301. 1, et seq. 112. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 19 113. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 114. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 115. By failing to maintain the written record required by 37 Pa. Code § 301.5 (5), when oral authorization is received for certain repairs, Defendant committed an unfair trade practice in violation of 37 Pa. Code § 301.5 (5). 116. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiff's costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count X Plaintiffs Private Action for Defendant's Violation of Pennsylvania Consumer Protection Laws Under the Provisions of 73 P.S. 4201-9.2; 37 Pa. Code & 3015 (6) 117. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 116, inclusive, as fully as though the same were set forth herein at length. 118. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2 and 37 Pa.Code 301. 1, et seq. 20 119. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 120. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 121. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 122. By failing to complete repairs on Plaintiffs aforementioned automobile, within 24 hours of its delivery by Plaintiff, by not informing Plaintiff of when the repairs would be complete, and not securing Plaintiff's consent to the one-month delay in repairing Plaintiff's automobile, Defendant committed an unfair trade practice in violation of 37 Pa. Code § 301.5 (6). 123. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiff's costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. 21 Count XI Plaintiffs Private Action for Defendant's Violation of Pennsylvania Consumer Protection Laws Under the Provisions of 73 P.S. 4201-9.2; 37 Pa. Code & 3015 (8) 124. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 123, inclusive, as fully as though the same were set forth herein at length. 125. As an automobile dealer and repair shop, Defendant is subject to the provisions of 73 P.S. 201-9.2 and 37 Pa.Code 301. 1, et seq. 126. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices, Unfair Trade Practices and Consumer Protection Law (hereafter UTPCPL), 73 P.S. § 201-9.2), provides an individual a private cause of action for loss resulting from the purchase of goods or services primarily for personal, family or household use, against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 127. Plaintiff purchased the aforementioned automobile and subsequent repairs from Defendant for personal, family or household use. 128. As a result of purchasing the aforementioned automobile and subsequent repairs from Defendant, Plaintiff suffered a loss of $6,502.32. 129. By failing to Failing to provide Plaintiff, at the completion of the repairs to Plaintiff's aforementioned automobile, a dated, written invoice containing the information required by 37 Pa. Code § 301.5 (8), Defendant committed an unfair trade practice in violation of 37 Pa. Code § 301.5 (8). 22 130. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiffs costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $6,502.32, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems just and proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count XH Breach of Contract 131. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 130, inclusive, as fully as though the same were set forth herein at length. 132. Defendant entered into a verbal agreement with Plaintiff, by which Defendant agreed to sell Plaintiff the aforementioned automobile for $4,400.00. 133. In negotiating the sale of the aforementioned automobile to Plaintiff, Defendant represented the aforementioned automobile to be free of mechanical defects. 134. Defendant sold Plaintiff the aforementioned automobile with the implied warranty of merchantability and fitness for a particular purpose provided for by law, since Defendant did not state to Plaintiff, in any manner at the time of sale, that the aforementioned automobile was being sold without a warranty. 135. In reliance on Defendant's promises, Plaintiff purchased the aforementioned automobile from Defendant, paid the entire purchase price, and fully performed under the terms of the agreement. 136. The aforementioned automobile had numerous mechanical defects. 23 137. Plaintiff was forced to pay additional amounts to Defendant for Defendant to make some repairs on Plaintiff's automobile. 138. Defendant did not properly repair Plaintiff's automobile, leaving it with an improperly installed accelerator cable, a loose motor mount, and an engine cooling system leak that rendered the automobile unsuitable for its intended purpose. 139. Plaintiff requested but Defendant refused to repair the engine coolant leak. 140. Defendant failed and refused to perform under the terms of the agreement into which he entered with Plaintiff by selling Plaintiff a car that was replete with mechanical defects, charging Plaintiff' additional amounts to have repairs performed, and ultimately refusing to repair the leak in the engine cooling system, at the heater core. 141. By not selling Plaintiff a car free of mechanical defects, charging plaintiff additional amounts to have repairs performed, and ultimately refusing to repair the leak in the engine cooling system, Defendant breached the terms of his agreement with Plaintiff. 142. As a result of Defendant's breach of his agreement with Plaintiff, Plaintiff suffered a loss in excess of $6,502.32. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in an amount of $6,502.32, plus accrued interest, reasonable attorney fees, costs, and grant other relief as the Court deems just and appropriate, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count XM Unjust Enrichment In the event it is determined that no agreement existed in fact or law between Plaintiff and Defendant, as alleged in Count XII, Plaintiff alleges as follows: 24 143. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 142, inclusive, as fully as though the same were set forth herein at length. 144. By not selling Plaintiff a car free of mechanical defects, charging Plaintiff additional amounts to have repairs performed, and ultimately refusing to repair the leak in the engine cooling system, Defendant improperly received benefits of the $4,400.00 purchase price of the automobile, the $1,300.00 Defendant charged Plaintiff for subsequent repairs, and the cost of the additional repairs required. 145. Defendant knew he would realize the aforementioned benefits when he sold the mechanically defective automobile to Plaintiff, charged Plaintiff for subsequent repairs, performed unworkmanlike repairs, and refused to repair the leak in the engine cooling system, notwithstanding Plaintiff's requests. 146. Defendant continues to refuse to refund plaintiff the purchase price of the defective automobile, refund Plaintiff the $1,300.00 Plaintiff paid defendant for subsequent repairs, and to repair the engine cooling system leak. 147. Acceptance and retention of the aforementioned benefits, under the circumstances described in the foregoing paragraphs, would be inequitable, unless Defendant pays Plaintiff the value of the benefit Defendant received. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in the amount of $6,502.32, plus accrued interest, reasonable attorney fees, and costs, and grant other relief as the Court deems just and appropriate, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. 25 eRspec ly submitt o? DOUGLAS C. LOVELACE, JR., Esquire Attorney for the Plaintiff Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Dated: September 14, 2009 26 EXHIBIT A 95 Acura Integra GSR 5 speed - 150,000 miles Top-of-the-line integra has all the power options and DOHC VTEC engine. This car was just inspected for mechanical defects and fully serviced. BRAND NEW PARTS/ SERVICE: PA State Inspection Timing Belt Head Gasket Valve Cover Gasket Exedy Clutch Front Tires Brake Master Cylinder Oil Change Coolant Flush Spark Plugs Wiper Blades PCV Valve AFTERMARKFT PARTS: Skunk2 Coilovers KYB Rear Struts DC Sports Strut Brace Pioneer CD Player 16" Wheels Exedy clutch (new) AEM Intake Greddy Header Greddy Exhaust $4800 Call Mike (717) 385-0959 EXHIBIT A Check Image EXHIBIT B Check # 2761 Page 1 of 1 20 3 70,71! fl t t fl,-3 ?'?;s';T -: 01 025 :`a 2761 ? E PFFM I III IOLMMi SM U M1 Cr 717-MI-ONO _ Q iF 1ll?ftJ13 FAWff&VLI1E. PA 173 _ j Date ,tdor the _ A ' Dnllxi? "' For ---- - -- __ rr 1:231]799791: 7?00423592284 2 7 6 1 B000000 LOGS Rap :sl ? L7 t 7 01 M IJ+1 L 4Y r7v r-- OIL C_ y J?6 , •.. _ - w? ?w Print Close ?v S c?.?- hF-d v, br??., o r1 2¢ er5 ?? co 13c,.?o.r,c_e_ h S C- S 110 5 o c-- Corn Q I e._.N-10 L ? RIDGLEY'S AUTOMOTIVE SERVICES J 11 MONT ALTO ROAD ? ~i-7 _09 FAYETTEVILLE, PA 17222 PHONE: (7171352-0101 EXHIBIT B https://images.midatlanticcorporate.org/image/cheekimage_w.asp?aba=2313 79979&accou... 6/17/2009 EXPERT AUTO CARE 4323 LWE Fayetteville, PA 17222 Phone # Fax # 717-352-4522 717-352-4523 EXHIBIT C Invoice Date Invoice # 5/11/2009 2062 Bill To Petersjosh vehicle Acura Integra Description Qty Rate Amount O-Ring/coolant 2.0 3.00 6.OOT labor remove thermostat housing,engine oil cooler 4.0 65.00 260.OOT and coolant tube,replace o rings antifreeze 1 /2 gallon 0.5 12.00 6.OOT Tightened rear engine mount,replaced water bypass tube O ring with a thicker O ring to stop coolant Ieak.O rings that were removed were not damaged in anyway.replaced thinner O rings with thicker ones. Tightened rear center motor mount,motor mount was loose when vehicle was brought in. Thank You For Your Business Subtotal $272.00 Sales Tax (6.0%) $16.32 EXHIBIT C Total $288.32 : IN THE COURT OF COMMON PLEAS RICHARD W. PETERS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW MIKE R. S WARTZ Defendant NO. 2009-5844, CIVIL TERM VERIFICATION Richard W. Peters hereby states that he is the Plaintiff in this action and that the statements of fact made in the foregoing Complaint are true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: chard . P tern 1118 Mountain Showers Ct. Fayetteville, PA 17222 I -M RICHARD W. PETERS Plaintiff V. MIKE R. S WARTZ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - IN LAW : NO. 2009-5844, CIVIL TERM CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Plaintiff hereby certify that on September 14, 2009, I served a true and correct copy of the foregoing Complaint upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Mike R. Swartz 1875 Spring Road Carlisle, PA 17013 jtg?j ct*:'?p Douglas C. Lovelace, Jr., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff Fl! ,.. OF THE 2?,-".NPY 2009 SEP 1:4 f tf I2'. 42 CUB F:\FILES\Cbmts\13594 Swartz\13594.I.pral/ajt Created: 9/20/04 0:06PM Revised: 10/2/09 3:13PM Jacob M. Theis, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 208631 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RICHARD W. PETERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5844 CIVIL ACTION - LAW MIKE R. SWARTZ, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant Mike R. Swartz in the above matter. Respectfully Submitted, MARTSON LAW OFFICES By ' J M. Theis, Es it en East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: October 2, 2009 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 MARTSON LAW OFFICES r By AM-'I J. Thu a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 2, 2009 Fil E -a-FIGE OR THE PROTHONOTARY 2OG9 OCT -2 PM 3: 23 PFi^+iNSlil VANtA, RICHARD W. PETERS Plaintiff v. MIKE R. SWARTZ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - IN LAW N0.2009-5844, CIVIL, TERM PRAECIPE TO SETTLE, DISCONTINUE AND END CIVIL ACTION To the Prothonotary: Kindly mark this action settled, discontinued and ended, with prejudice. Date: November ~, 2009 ob ei , re MARTSON A OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ~~ ~i- Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff ,~ ; - ~- -r,-~Y