The URL can be used to link to this page

Home My WebLink About09-6594CRAIG LAHAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CA- (o_5q y taro, ROBERT FRANK, CIVIL ACTION - LAW Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones 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 alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 CRAIG LAHAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. D?- G S ?y e h ROBERT FRANK, CIVIL ACTION - LAW Defendant COMPLAINT 1. The Plaintiff is an adult individual residing 6445 Gallop Road, Harrisburg, Pennsylvania 17111. 2. The Defendant is an adult individual residing at 215 Bosler Avenue, Lemoyne, Pennsylvania 17043. COUNT I 3. Plaintiff incorporates herein by reference paragraphs 1 through 17 of this Complaint. 4. On or about August 15, 2006, Plaintiff loaned to the Defendant the sum of $2,000.00, which Defendant promised to repay by October 15, 2006. 5. Defendant has repaid $1,000.00, but has failed and refused to pay the additional $1,000.00 due and owing to the Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $1,000.00 plus interest from October 15, 2006. COUNT II 6. Plaintiff incorporates herein by reference paragraphs 1 through 5 of this Complaint. 7. Beginning sometime in 1998, Defendant orally represented to the Plaintiff that he had the knowledge and skill to perform the necessary work on the restoration of a 1959 Desoto Firesweep convertible. 8. Defendant represented that he had the knowledge and skill to do the necessary work which involved utilizing parts from a 1959 Desoto Firesweep convertible, together with parts from a 1959 Desoto Firedome 4 door sedan. 9. Pursuant to the oral contract between the Plaintiff and the Defendant, Defendant did not perform the work that he undertook in a proper manner as is more particularly set forth in a statement from Posies, Inc., a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference. 10. On or about October 15, 2007, Defendant promised to correct the work that he had previously performed on the Desoto, but has failed to fulfill his promise. 11. In order to correct the work that the Defendant performed on the Desoto in order that it can be in the condition as originally promised by the Defendant, it will be necessary for work to be done as is more particularly set forth in the Estimate of Repairs from Posies, Inc., attached hereto and marked Exhibit "B", and incorporated herein by reference. 2 WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. Respectfully submitted, WIX, WENGER & WEIDNER B I?IAC?,J- Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3041 (717) 652-8455 Dated: 101' 10? 3 VERIFICATION 1, Craig Lahar, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unswom falsification to authorities, which provides that if I knowingly made false averments, I may be subject to criminal penalties. Date: 0 q //- Craig Lahar POSIES Inc. Craig Lahar 200 Cumberland Parkway Mechanicsburg PA 17055 The Problem: Vehicle was originally a 1959 Desoto Firesweep convertible with a 122" wheel base. A 1959 Desoto Firedome frame, cowl and floor were salvaged and the convertible windshield past and quarter panels were grafted to the 4 door body. The 4 door chassis has a 126" wheel base. The 122" Firesweep engine crossmember was grafted into the 126" Firedome chassis. The convertible X member was also grafted to the 4 door frame. The Firesweep engine crossmember locates the engine too far forward in the Firedome chassis. The X member was located too far forward and too low in the chassis. The transmission mount does not line up to the transmission and the X member is hitting the torsion bars. The engine is forward so much that there is interference with the radiator. The front sheet metal will have to be for a Firedome, not the original Firesweep as the 4" wheel base difference is the distance between the door and fender wheel openings. 219 N. Duke St. Hummelstown, PA 17036-1017 717-566-3340 FAX 717-566-5440 Exhibit "A" POSIES Inc. The Solution: Cut the engine and X crossmembers from the present locations. Locate the original 126" Firedome crossmember in the proper and original location. Locate the X member in its proper location so that the transmission mount aligns to the transmission and has clearance to the torsion bars. 1. Load chassis onto a frame table 2. Fabricate jig fixture and weld fixture to frame table 3. Measure chassis for level and square 4. Remove torsion bars 5. Cut existing engine crossmember (Firesweep) from chassis 6. Grind front frame rails smooth 7. Dress Firedome crossmember 8. Dress cut Firedome engine mount 9. Tack crossmember and engine mounts as per measurements l O.Fabricate gusset plates for crossmember, chassis and engine mount 1 I. Cut X member from frame 12.Grind and dress frame rails 13.Grind and dress X member 14.Locate and tack weld X member as per measurements 15.Fabricate gussets for X member 16.Fit engine and transmission to verify location and mounts 17.Fit body and front sheet metal to verify location 18.17inish weld of all crossmembers 19. Weld gusset plates 20.Prep and paint repaired areas 21.Reinstall torsion bars The estimate amount is $9412.80. This figure includes labor and materials. Please note this is NOT a quote. Due to these type of jobs additional labor and materials may be needed. POSIES will bill our customers only for the time and materials needed to complete the job to the customer's satisfaction at $65.00 per man hour plus materials. POSIES will bill the customer weekly and will request the customer to pay that invoice by the following week. 219 N. Duke St, Hummelstown, PA 17036-1017 717-566-3340 FAX 717-566-5440 Exhibit "B" FILED--SCE 4F THE P-hOTHONOTARY 2009 OCT -2 PM 12: 57 FE 478.50 Pty A'r i Cax.`? 3'141 ?1313R 1 Sheriffs Office of Cumberland County R Thomas Kline Sheriff T« ` iY Ronny R Anderson "T 1 Chief Deputy 5 k i I , Jody S Smith Civil Process Sergeants V ;LA 'I Edward L Schorpp Solicitor Craig Lahar Case Number vs. Robert Frank 2009-6594 SHERIFF'S RETURN OF SERVICE 10/12/2009 07:25 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 1925 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert Frank, by making known unto himself personally, at 717 Owl Court Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $51.40 SO ANSWERS, ,,?? October 13, 2009 R THOMAS KLINE, SHERIFF 1 1? B,_&) a D (ja , Deputy Sheriff