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HomeMy WebLinkAbout01-1458COMA~ONWEA~TH OF PENNSYLVANIA COURT OF CO~VIMON PLEAS NOTICE OF APPEAL PROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL hlotice is given that the appedlant has filed in the obove Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. LT 19 This block will be signed ONLY when this notation is required under J~'~R,C.PJ.P.~ p p~~~~ - ~,r,._Nc~ If a/~elJc~t was CLAIMANT ($~e F~. R.C.P.J.P. No, 1008& This Notice of Appeal, when received by the District Justice, will operate as o 1001(6) in action before District Justice, he MUST SUPERSEDEA5 to the judgment fc~ possession in this case FILE A COMPLAINT within twenty (20) days after filing his 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 ONLY when apl~llant was DEFENDANT (see Pa. R.C,P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, ~et~ch from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enfer rule upon //~ O ~/~ / , ..~----~"/'-~ ~ ~*/~/~. ~ , appellee(s), to file a complaint in ~is appecd Nam~ of appe/lee~s) {Common Pleas No.('~! -- //-'/.-~3~'~--'(.~.,~l'lc~'"~'~)within twenty (20) days after service of rule or suffer entry of judgment of non pros. (1) You are notif'md that a rule is hereby entmed 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 er by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. The date of service of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE ~0 FiLE COMPLAINT CO:JNTY OF AFFIDAVIT; hereb? %sear o~ affn~ ~eivl}d dae of serWce) ~ by persoreJ se' ~.e ]J b~ cf~rtihe ) legiste/s¢ mai, sender ..... !9 ~'} by parsof,al service / by certified) ?eglsteed} ma seide s eceto ~ttached hereto SWOFN (A FME3} ~h ) SUBS ;¢BED THiS CAY DP COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C~ERLAND Mag Disl NO 09-1-02 DJ Name Hon ROBERT V. MAN-LOVE Address 1901 STATE STREET CAMP BILL, PA T~,op~on~ (717) 761-0583 PATRICK E. COHEN 40 EISEN~OWER BLVD DUNCANNON, PA 17020 17011-0000 CIVIL CASE PLAINTIFF: NAME and ADDRESS FFOUST, III, MERLE H 216 SPRING LN ENOLA, PA 17025 L VS. DEFENDANT: NAME ar'd ADE)RbSS rCOHEN, PATRICK E 40 EISENBOWER BLVD DUNCAN'NON, PA 17020 NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV- 0000433- 00 lDate F led: 11/30/00 THIS IS TO NOTIFY YOU THAT: Judgment: [~ Judgment was entered for: (Name) ~] Judgment was entered against: (Name) FOR PLAINTIFF Ff~[T,~r~, TTT, MF. RT.R CORRN, PATR T f'.K in the amount of $ on: (Date of Judgment) 2/12/01 ~ Defendants are jointly and severally liable. ~'~ Damages will be assessed on: ~'~ This case dismissed without preiudice. ~'~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ [] Levy is stayed for____ days or [] generally stayed. ~ Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 800 o O0 Judgment Costs $ 73 ° 50 Interest on Judgment $ o 00 Attorney Fees $ .00 Total $ 873.50 Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: Place: Time: 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 ,NCI-UDE A COPY OF TI'~ ~/~T F./~M WITH Y,OUR NOTI.C.E OF APPEAL ~-/O~' OI Date ~'~-~;1::~ V ~ ~//~~/ *", .~ ?~.,;~i~t,ict ~tice cedify, that this is a true =_ ~... ~ ~y o ~ f th proceedings. Cnt~i~g My commission expires first Monday of January, 2006 AOPC 3~5-99 COMMONWEALTH OF PF-NNSYLVANIA COUNTY OF: CTuT~ER~ 09-1-02 ROBERT V. MANLOVE A~d ....1901 STATE STREET CAMP HILL, PA 717 )' · TefephOrle ( 761 ' 0583 PATRICK E. COHE~ 40' EISEN~OWER BLVD DUNCANNON, PA 17020 THIS IS TO NOTIFY YOU THAT: -Judgm%nt: [~ Judgment was entered for: (Name) ~] Judgment was entered against: (Name) 17011-0000 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADORESS ~COHEN, PATRICK E 40 EISENHOWER BLVD DUNCANNON, PA 17020 VS. DEFENDANT: NAME and ADDRESS FFOUST, III, MERLE H 216 SPRING LN ENOLA, PA 17025 L Docket N0.: CV- 0000433- 00 Date Filed: 1/02/01 CROSS COMPLAINT 001 FOR,DEF~gDANT' · C~H~, PATRT~K R in the amount of $ . O0 on: (Date of Judgment) ] Defendants are jointly and severally liable. ] Damages will be assessed on: ~) This case dismissed without prejudice. ]Amount of Judgment Subject to Attachment/Act 5 of 1996 $ [] Levy is stayed for _ days or ~ generally stayed. ]Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ · 00 Judgment Costs $ .00 Interest on Judgment $ o 00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: 'Place: Time: 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 Th~ o~ '-'J¢,~ '-~..)( Date ~< /, certify that this is a true and~__~ o~-I~- ~] Date~[ ~ My commission expires first Monday of January, AOPC 315-9g ;:~~T Fi~M WITH YOUR NOTICE OF APPEAL' ~/' ,/L?~L~d~ ~ , .E(istrict Justice cCx~th~~~gs containing:the judgm'en,. /~///~~ , District Justice 2006 SEAL MERLE H. FOUST, PATRICK E. COHEN, III, : IN THE COURT OF CO~MON PLEAS OF PLAINTIFF : Cb%IBERLAND COUNTY, PENNSYLVJ2~IA v. : N0.01-1458 CIVIL ~ 2001 DEFENDANT : RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John J. Man,an , counsel for ~he plaintiff/~errd~mr in ~he above ac:ion (or actions), respectfully represents ~hat: 1. The above-captioned action (or actions) is (are; at issue. 2. The claim of the plaintiff in the action is $ 1.918.00 The counterclaim of the defendant in the action ia $1,746.99 The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: The law firm of Boswell, Tin:nar, Piccola & Wickersham WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators :o whom the case shall be submitted. Respectfully submit:ed, ORDER OF COURT above-captioned action (or actions) as prayed By th~ COMMONWEALTH Of PENNSYLVANIA NOTICE OF APPEAL COURT OF COMJMC)N PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLSAS No. */r /~/ r' ~ · NOTICE OF APPEAL Notice is given that the appellant has fi/ed in the above Court of Common Pleas an appeal from the judgment rendered by the Distrld Justice on the date and in the case mentioned betov~. Y'.~' ' d/*~ ,~ ' C '~k ~ck will be d~ ONLY ~n ~is ~fi~ s mqu md u~ ~ ~d~. ~ If ~l/~t ~ CLAIMANT (~ ~ ~8~ This ~t~ of A~I, ~ ~ei~ by t~ District Justice, will ~ as a 1001(6) Jn ~J~ ~l~e DJs~ J~tice, ~ ~ST ~PERSEDEA5 ~ ~ j~g~t ~ ~ssessi~ in ~is cas~ FILE A COM~AINT wi~n twen~ (20) da~ aft~ filing bis NOTICE of A~EAL. S~atu~ of ~t~y ~ ~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (THis section of form ~o be used ONLY when appellant was DEFENDANT (s~e Pa. R.C.P.J.I~ No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of at~eal to be served upon appellee). PRAECIPE: To Prothonotary Enter rub upon, ' / /JJ-ff'~> ~.. l Ul l '~/2_~) within twenty (20) ck~s cRrer (Common Pleas Nc~-.~ , appellee(s), to file o complaint in this appeal service of rule or suffer entry of judgment of non pros. S~gnature o/a/~oe~nt ~ h~ attorney o~ a0ent (]) You am notified that a rule is hereby entered upon you to file a complaint in this apl:ed within twenty (20) days after the date of service of this rule upon you by personol service or by certified or registered mail (2) If you do not file~co~/p~aint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. rule if ~ervice was by moil is the date of mailing. {3) The date,e~'vie~of' this · - ,f"" ,- ,', , cOURT FILE ~ ~ ~/~/~[ ~E OF APPEAL AND RULE TO FtL: COMPLAINT ~ ~-~:~-.~, ~<,' . - AFFIDAVIT: ~ hereby :;WOF~N (AFFIRMED: AND SUBSCRIBED BEFORE M: My eo~ m ~s~on ~ xf~re:; on [ Ti~ M R~I, N~' Public ~.~ ~ E~lr~ Nov. 15, ~3 ~m~,~n~¢ N~es We do soi~-~?7 swear (or affir=) =hac we will support, oSey and defend =he ConsCi=ucion of aha United Scares and =he ConsClUu=ion of chis Common- wealth ~nd =ha=we will dlschar~e =he da=fas of our offi~j~ich fldeli=y. affirmed), ~ake the (Note: If damages for dele7 are awarded, they shall be separately stare4.) applicable.) Dare of Hearing: Dare of Award: · AzbiCrator, d!~~r= name if NOTICZ OF Z}tI'R~ OF AWARD award was entered upon =he ~.oo~t and notice =hermof siren by mail co =he upon appe~l: 9o. IO'd OOZ6+E'~'Z+ZIZ ~9.t~O ~-~ U.L~-4I dOg:~O O0-IS-AON MERLE H. FOUST, III, Plaintiff VS. PATRICK E. COHEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-1458 : CIVIL ACTION - LAW NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on the 17t~ day of September, 200l, at 1:00 p.m. at the office of Saidis, Shuff, Flower & Lindsay, 2109 Market Street, Camp Hill, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and your counsel, if you so desire. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF CASES, STATUTES, ETC. WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. ANY NOTICED PERSON REQUESTING A CHANGE OF HEARING DATE MUST CONTACT ALL PERSONS AS TO AN AGREEABLE DATE, PROVIDE WRITTEN NOTICE TO ALL PERSONS AND RESERVE PLACE OF HEARING. Dated: August 23, 2001 ff sqlfire, Chairman Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Patrick E. Cohen 40 Eisenhower Boulevard Duncannon, PA 17020 IN 'rite COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COHEN, PATRICK E 40 EISENHOWER BLVD DUNCANNON, PA 17020 Plaintiff, VS. NO. 01-1458 CML TERM FOUST, MERLE H 216 SPRING LN ENOLA, PA 17025 Defendant, COMI~LAINT The Plaintiff, Patrick E Cohen, hereby makes claim for monetary relief in connection with the broken verbal sales agreement of a 1986 Ford Bronco from the defendant, Merle H Foust. Plaintiff, Patrick E Cohen is a individual who was engaged in attempting to sell personal property, mainly a 1986 Ford Bronco. Defendant, Merle H Foust is a individual who was engaged in purchasing a 1986 Ford Bronco from the Plaintiffby a verbal sales agreement. 3. Commencing in October 2000, plaintiffplaced 1986 Ford Bronco for sale. Defendant approached Plaintiffto purchase 1986 Ford Bronco for the amount of $2000.00. Defendant did not have all the money at the time that he wanted to purchase the vehicle, he asked Plaintiff if he could put $1000.00 down and make payments on the remaining $1000.00. Plaintiff agreed to defendant's terms with the stipulation that a lien would be placed on the title until remaining $1000.00 was paid. Defendant inquired about needed repairs on vehicle and another verbal agreement was made that Defendant would supply all necessary parts for repairs and Plaintiff would supply space for repairs to occur and a third party mechanic was agreed upon by both parties to complete the repairs. Defendant and Plaintiff agreed to terms of sale and verbal sales agreement was entered into. Plaintiffreceived $1000.00 from the Defendam on or about October 17, 2000 for down payment according to verbal sales agreement. 10. Defendant was given a key to vehicle and access to begin using vehicle as he wished. 1 I. Defendant fast cleaned interior of vehicle and removed bug shield and spare tire rack. 12. Vehicle spent 5 days in the garage from October 19, 2000 to October 23, 2000, with no further work completed on vehicle, no parts were ever supplied, and vehicle was removed from garage due to lack of space needed for customer vehicles. 13. Defendant began to come to garage and inquire as to the status of the vehicle. 14. Plaintiff repeated told defendant that the garage was available after 6 p.m. on weekdays, 5 p.m. on Saturday and all day Sunday for the th/rd party mechanic to complete repairs. 15. Defendant began to ask for money back on or about October 29, 2000 stating that repairs were not completed in a timely manner. 16. Plaintiff once again reminded Defendant of the hours that the garage was available for the third party mechanic to make repairs, he also reminded Defendant that it was his responsibility to make arrangements for the parts. 17. Defendant was reminded that there was a parts supplier next door to the garage. 18. Defendant made no further payments after the initial $1000.00 down payment. 19. Defendant began calling Plaintiff daily at his place of business demanding his money back. 20. Plaintiff told Defendant that he would not return his money due to the verbal sales agreement that they had made. 21. Plaintiff told Defendant that he was breaching the terms of the agreement and felt that under those circumstances the Defendant was owed nothing. 22. Vetficle remained in parking lot of garage in the condition that the Defendant left it until March 200t. 23. Plaintiff received no further payments from the Defendant and took possession of vehicle. 24. Plaintiff attempted to resell 1986 Ford Bronco and began to inquire about replacement costs for the parts that Defendant had removed from vehicle. 25. The total cost for replacing the parts came to $695.00. WHEREFORE, plaintiff respectfully requests judgment against defendant for the sum of $ 1746.99 for breech of contract, replacement cost of parts, filing fees and costs. 40 Eisenhower Blvd. Duncarmon, PA 17020 (717) 834-9003 VERIleICATION I, Patrick E Cohen, verify that the statements made in this Complaint are ~xue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. 4904, relating to unswotn falsification to authorities. Date: March 23, 2001 Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF V. PATRICK E. COHEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : 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 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 CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Home/jim/complaints/collection/f oust Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-074l (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF V. PATRICK E. COHEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. : : CIVIL ACTION - LAW COMPLAINT Plaintiff, Merle H. Foust, III, by his attorneys, Jeffrey R. Boswell, Esq., and Boswell, Tintner, Piccola & Wickersham, presents his Complaint against Defendant Patrick E. Cohen, as follows: 1. Plaintiff, Merle H. Foust, III, is an adult individual residing at 216 R Spring Lane, Enola, Pennsylvania 17025. 2. Defendant, Patrick E. Cohen, is an adult individual residing at 40 Eisenhower Boulevard, Duncannon, Pennsylvania 17020. 3. On or about October 16, 2000, Plaintiff Merle H. Foust, III contacted Defendant Patrick E. Cohen to discuss the purchase of Defendant's 1986 Ford Bronco. 4. Mechanic Gary Walker then inspected the vehicle to ascertain whether the vehicle was in safe operating condition and produced a list of repairs that would be required in order to pass inspection. 5. Defendant was requesting a purchase price of two thousand dollars ($2,000.00) for the vehicle. 6. Thereafter, on October 16, 2000, Plaintiff and Defendant entered into discussions whereas Plaintiff would pay for all of the parts required to bring the vehicle into a safe operating condition and Defendant would pay for the labor to install the parts. After the vehicle would be brought up to a safe operating condition, Plaintiff would pay Defendant the purchase price of two thousand dollars. 7. Defendant was informed by Plaintiff that time was of the essence as the vehicle was required to transport Plaintiff to a new occupation starting the following Monday and Defendant agreed to this time frmne. 8. Also on October 16, 2000, Defendant requested fi.om Plaintiff an advance on the purchase price. 9. On or about October 17, 2000, Plaintiff issued a check to Defendant in an amount of $790.00 and issued a check for $210.00 to Mr. Walker, which was subsequently signed over to Defendant. 10. A few days later, Plaintiff gave Mr. Walker the money that was required for the purchase of the parts to bring the vehicle into a safe operating condition, bought cleaning supplies in the amount of twenty dollars ($20.00) and spent approximately eight hours [services rendered -2- totals forty eight dollars ($48.00 or eight hours multiplied by six dollars per hour)] detailing and cleaning the vehicle in anticipation of purchasing the vehicle. 11. On or about October 23, 2000, the date that Defendant had agreed to have the vehicle in safe operating condition, Plaintiff was informed that the vehicle had not been worked on and not in safe operating condition. Thereafter, Plaintiff informed Defendant to have the vehicle in safe operating condition by the end of the week. 12. On or about October 28, 2000, Plaintiff was again informed that the vehicle was not in safe operating condition. Plaintiff then requested that Defendant return Plaintiff's $1,000.00 as Plaintiff needed the money to put towards another vehicle to transport him to work. Defendant refused to comply with the request and stated that he did not have the original $1,000.00 anymore and Plaintiff would have to wait until Defendant sold the vehicle to someone else to receive the $1,000.00. 13. Plaintiff was absent from his new job for three weeks because Defendant breached the agreement with Plaintiff by not furnishing a vehicle in safe operating condition by the time frame agreed to. Plaintiff has been damaged in the amount of eight hundred and fifty dollars ($850.00) for the time absent from work. 14. Plaintiffcontacted Mr. Walker for the return of the money for the parts to be installed in the vehicle and Mr. Walker fully complied and returned the money to Plaintiff. 15. Plaintiff has contacted Defendant many times to request payment for the $1000.00 that is due and owing Plaintiff. Plaintiff has even attempted to arrange payment plans with Defendant, but Defendant has continuously refused to pay anything. WHEREFORE, Plaintiffrespectfully requests that this Court enter judgment in his favor and against Defendant for the $1,000.00 owed Plaintiff, compensation in the amount of $850.00 for the three weeks that Plaintiff missed work, compensation in the amount of $20.00 for the cleaning supplies and compensation in the amount of $48.00 for the eight hours spent cleaning the vehicle, plus interest, for a total of $1,918.00 which, amount is less than the compulsory arbitration limit for the Cumberland County Court of Common Pleas. Count I Breach of Contract 16. Paragraphs 1-15 are incorporated herein as if set forth in full. 17. Despite Defendant's obligation to convey the 1986 Ford Bronco to Plaintiff in a safe operating condition within a specified time frame, and despite Plaintiffs repeated demands for such performance, Defendant has failed to perform and has furthermore refused to return the advanced money, from which Defendant has benefitted. 18. Defendant's failure to convey the 1986 Ford Bronco to Plaintiff in a safe operating condition within a specified time frame and Defendant's refusal to return the money tendered by Plaintiff is a breach of contract between the parties. 19. Defendant's breach of contract has damaged Plaintiff in the amount of $1,918.00 for Defendant's failure to convey the 1986 Ford Bronco to Plaintiffin a safe operating condition within a specified time frame and Defendant's refusal to return the money tendered by Plaintiff. -4- WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor and against Defendant for the $1,000.00 owed Plaintiff, compensation in the amount of $850.00 for the three weeks that Plaintiff missed work, compensation in the amount of $20.00 for the cleaning supplies and compensation in the amount of $48.00 for the eight hours spent cleaning the vehicle, plus interest, for a total of $1,918.00 which amount is less than the compulsory arbitration limit for the Cumberland County Court of Common Pleas. Count II Unjust Enrichment 20. Paragraphs 1 through 19 are incorporated herein as if set forth in full. 21. The reasonable value of the money and services Plaintiff has conferred upon Defendant equals $1,068.00. 22. Plaintiff provided an advance of $1,000.00 and provided supplies and services in the amount of $68.00 to Defendant.. 23. Defendant has utilized the advance of $1,000.00, supplies and services in the nature of spending eight hours detailing and cleaning Defendant's vehicle, to further his own interests and Defendant has wrongfully refused to return the advanced money nor pay for the supplies and services. 24. Plaintiff. Defendant has been unjustly enriched in the amount of $1,068.00 at the expense of 25. Injustice will result if recovery is denied. -5- WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor and against Defendant tbr the $1,000.00 owed Plaintiff, compensation in the amount of $850.00 for the three weeks that Plaintiffmissed work, compensation in the amount of $20.00 for the cleaning supplies and compensation in the amount of $48.00 for the eight hours spent cleaning the vehicle, plus interest, for a total of $1,918.00 which amount is less than the compulsory arbitration limit for the Cumberland County Court of Common Pleas. Count III Promissory Estoopel 26. Paragraphs 1 through 25 are incorporated herein as if set forth in full. 27. Defendant promised to convey the 1986 Ford Bronco in a safe operating condition within a specified time frame and induced Plaintiff to advance $1,000.00 and perform detailing and cleaning services to the vehicle in anticipation of the transaction. 28. Plaintiff has fully performed all of its obligations owed to Defendant and has been injured in the amount of $1,918.00. 29. It was reasonable for Defendant to expect that his promise to convey the 1986 Ford Bronco in a safe operating condition within a specified time frame would induce Plaintiff to advance $1,000.00 and perform detailing and cleaning services to the vehicle in anticipation of the transaction. 30. Plaintiff relied on Defendant's promise to convey the vehicle in a safe operating condition within a specified time frame, and Plaintiff more than fully performed. -6- 31. Defendant has benefitted at Plaintiffs expense by failing to return the $1,000.00 nor paying for the supplies and services that Plaintiffperformed in anticipation of the transaction. 32. Injustice will result if Defendant's failure to return the $1,000.00, pay for the three weeks' absence from Plaintiff's job and pay for the supplies and services that Plaintiff performed in anticipation of the transaction is not enforced. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor and against Defendant for the $1,000.00 owed Plaintiff, compensation in the amount of $850.00 for the three weeks that Plaintiffmissed work, compensation in the amount of $20.00 for the cleaning supplies and compensation in the amount of $48.00 for the eight hours spent cleaning the vehicle, plus interest, for a total of$1,918.00 which amount is less than the compulsory arbitration limit for the Cumberland County Court of Common Pleas. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & WICKERSHAM DATE: J~ IO/Zo0l By: ~ffey ~. B:~osw%ll, Esquire Attorney for Plaintiff Merle H. Foust, III -7- Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, P1CCOLA & WICIC~ERSHAM 315 N. Front Street PO Box 741 Hamsburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF V. PATRICK E. COHEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. . : NO. : : CIVIL ACTION - LAW VERIFICATION I, Merle H. Foust, Plaintiff, hereby verify that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. DATE: A~'~- ~0~ 2OOl Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Slreet PO Box 74l Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF PATRICK E. COHEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that I have served a tree and correct copy of the Complaint on the following: Method of Service: v?' First class mail Certified mail Other Patrick E. Cohen 40 Eisenhower Boulevard Duncannon, Pennsylvania 17020 DATE: BOSWELL, TINTNER, PICCOLA & WICKERSHAM / J°tm J' M~9~ / Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF PATRICK E. COHEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1458 CIVIL ACTION - LAW CERTIFICATE OF NOTIFICATION I, Jeffrey R. Boswell, Esquire, do hereby certify that I served the Defendant Patrick E. Cohen with the Notice of Intent to Take Default Judgment, sending same by first-class mail, postage prepaid to the following address: Patrick E. Cohen 40 Eisenhower Boulevard Duncannon, Pennsylvania 17020 A copy of said Notice is attached hereto. Date: June 01, 2001 BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: ~well, Esquire Home\jj m\litig\jrb\foust.cohen.ten .day Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Hamsburg, PA 17108~0741 (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF V. PATRICK E. COHEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . .. : NO. 01-1458 : : CIVIL ACTION - LAW TO: Patrick E. Cohen 40 Eisenhower Boulevard Duncannon, Pennsylvania 17020 DATE OF NOTICE: June 01, 2001 You are in default because you have failed to file a response to the Complaint in this case. Unless you act within ten days fi.om the date of this notice, a judgment maybe entered against you without a heating and you may lose your right to sue the Plaintiff and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: f~~ Je 11, Esquire Attorneys for Plaintiff Date: June 01, 2001 Patrick E. Cohen 40 Eisenhower Blvd. Duncannon, PA 17020 (717) 834-9003 MERLE H. FOUST, HI, PLANTtlcI~' PATRICK E. COHEN , DEFENDANT EN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1458 : CIVIL ACTION- LAW 2. 3. 4. confirmed. 5. 6. DEFENDANTS ANSWER TO PLANTIFF'S COMPLAINT Defendant Patrick E. Cohen, hereby responds to the Plaintiff's Complaim in the above captioned matter as follows. Admitted Admitted Admi~ed Denied. Plaintiffwas given a list of repairs needed by Defendant and Mr. Walker (mechanic) Admitted Denied. Plaintiffwas to pay for parts. Defendant was to pay Mr. Walker for his labor after vehicle was fixed. Plaintiffwas to arrange for Mr. Walker to do repairs during off-hours (alter 6 p.m. weekdays, after 4 p.m. Saturdays, and all day Sunday) Plaintiff was to contact Defendant to use shop during those hours. 7. Denied. Plaintiff did say that he needed vehicle soon, but it was up to him when it would get done within the hours previously specified. 8. Denied. Plaintiff was to put half down and make bi-weekly payments on balance. Plaintiff was also to meet with Defendant the following Saturday at Worley Motors in Enola to do notary work and apply lien to the title. 9. Admitted I0. Partially Denied. Plaintiffhad already put money down so purchase was confumed and cleaning was not agreed to be reimbursed for. 1L Denied. Plaintiffami his mechanic were to repair vehicle, Defendant was to pay labor to Plaintiffs mechanic. Vehicle spent Thursday, Friday, Saturday, and Sunday in shop without Plaintiffand his mechanic doing any constructive repairs or contacting Defendant for aRer hour repair time. On the vehicle the only thing done was removing the bug shield which was broken in the process, removing spare tire rack, which resulted in bolts being broken in body of truck. Plaintiffattempted to cut offbrush guard with acetylene torch which caused damage to guard, bolts, and bumper. No further work was done, no parts supplied in shop, no further time scheduled in shop. 12. Denied. Plaintiffwas informed that he and his mechanic were to do labor and provide parts, that he was not compliant with the terms of the contract. Defendant informed Plaintiffthat if he found another buyer for the truck for $2000.00 that he could get his $I000.00 back. 13. Denied. Defendant never agreed to anytime since all Defendant was to do was to provide space upon request from PlaintifE Also Plaintifftestified in District Justice court that he never started or received job therefore there was no wages lost. Plaintiffdid own a Pontiac Sunbird that he was using for transportation, he also lived on a bus route and had telephone to call a taxi. 14. Unknown. 15. Denied. Plaintiffwas informed that he breached contract and again was reminded of his Responsibilities on his part of the contract, also that he was in default and delinquent of payments. WHEREFORE, Defendant respectfully requests that this court deny judgment for Plaintiff due to misleading and false statements on the Plaintiffs part and Plaintiffs breach of contract was solely based on his inability to arrange for vehicle repairs to be made in a matter of time that was satisfactoc¢ to the Plaintiff Defendant did live up to his end of the contract by providing access to the vehicle and availability to himself for Plaintiffto make repairs. Count I Breach of Contract 16. Denied. The averments of Paragraph 16 are legal conclusions to which no response of pleading is required. 17. Denied. Defendants obligation was to provide space for Plainfiffand his mech/mic during hours spec/fled in paragraph 6 of complaint. Plalntiffdid not fulfill his obligation therefore resulting in default by Plaintiff 18. Denied. The averments of Paragraph 18 are legal conclusion to which no response of pleading is required. 19. Denied. The averments ofParagraph 19 are legal conclusinn to which no response of pleading is required. WItEREFORE, Defendant respectfully requests that this court deny judgment for Plaintiff due to misleading end false statements on the Plaintiffs part and Plaintiffs breach of contract was solely based on his inability to arrange for vehicle repairs to be made in a matter of time that was satisfactory to the Plalmiff Defendant did live up to his end of the contract by providing access to the vehicle and availab'flity to himself for Plalntiffto make repairs. ¢oun~ tt Unjust Enrichment 20. Denied. The averments of paragraph 20 are legal conclusions to which no response of pleading is required. 21. Denied, Plalntiffconferred $1000.00 to Defendant per contract for downpayment. 22. Denied. Plaintiff conferred $1000.00 to Defendant per contract for downpayment. The edditional $68.00 for cleaning supplies and services from the Plalntiffwere from his decision to clean the vehicle. 23, Denied. Plaintiffreceived $1000.00 as per contract for the downpayment on the vehicle. The additional $68.00 for cleaning supplies end services from the Plaintiffwere from his decision to clean the vehicle. Defendant did not ask Plaintiffto do this and did not agree to reimburse Plaintifffor supplies or time that he spent cleaning the vehicle that he purchased. The vehicle was bought as it was, no further arrangements were made for anything. 24. Denied. The averment of paragraph 24 are legal conclusions to which no response of pleading is required. 25. Denied. The averment of paragraph 25 are legal conclusions to which no response of pleading is required. WHEREFORE, Defendant respectfully requests that this court deny judgment for Plaintiffdue to misleading and false statements on the Plaintiffs part and Plaintiffs breach of contract was solely based on his inability to arrange for vehicle repairs to be made in a matter of time that was satisfactory to the Plaintiff Defendant did live up to his end of the contract by providing access to the vehicle and availability to himself for Plaintiffto make repairs. Count Promissory Estoo~el 26. Denied. The averment of paragraph 26 are legal conclusions to which no response of pleading is required. 27. Denied. Defendant did convey 1986 Ford Bronco upon receiving $I000.00 downpayment from Plaintiff Cleaning of vehicle including supplies and Plaintiff's time were done at the sole discretion of the Plaintiff No agreements were made to convey the vehicle in safe operating condition, it was up to the Plaintiffto have repairs done by his mechanic upon requesting shop time fi-om the Defendant. No shop time was ever requested. 28. Denied. Plaintiffhas not performed his obligations to obtain parts, make repairs, or make further payments. 29. Denied. The averment of paragraph 29 are legal conclusions to which no response of pleading is required. 30~ Denied, The averments of paragraph 30 are legal conclusions to which no response of pleading is required. 31. Denied. The averments of paragraph 31 are legal conclusions to which no response of pleading is required. 32. Denied. The averments of paragraph 32 are legal conclusion to which no response of pleading is required. WHEREFORE, Defendant respectfully requests that this court deny judgment for Plaintiff due to misleading and false statements on the Plaintiffs part and Plaintiffs breach of comract was solely based on his inability to arrange for vehicle repairs to be made in a matter of time that was satisfactory to the Plaintiff Defendant did live up to his end of the contract by providing access to the vehicle and availability to himself for Plalntiffto make repairs. RESPECTFULLY SUBMITTED, Patrick E. Cohen, Pro Se Defendant Date: June 11, 2001 Patrick E. Cohen 40 Eisenhower Blvd. Duncannon, PA 17020 (717) 834-9003 MERLE H. FOUST, HI, PLANTIFF vi. PATRICK E. COHEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1458 : CIVIL ACTION- LAW VERIFICATION I, Patrick E. Cohen, Defendant, hereby verify that the facts contained in the foregoing response are tree and correct to the best of my knowledge, information and beliel~ I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. PATRICK E. COHEN Date: June 11, 2001 Patrick E. Cohen 40 Eisenhower Blvd. Duncannon, PA 17020 (717) 834-9003 MERLE H. FOUST, HI, PLANTIFF vii. PATRICK E. COHEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1458 : CIVIL ACTION- LAW CERTII~ICATION OF SERVICE I, Patrick E. Cohen, Pro Se Defendant do hereby certify that I have served a tree and correct copy of the response to complaint on the following: Method of Service: First class mail Certified mail Merle H. Foust, III C/O Jeffrey R. Boswell, Esquire BOSWELL, TITNER, PICCOLA & WlCKERSHAM 315 North Front Street Harrisburg, PA 17108 Patrick E. Cohen, Pro Se Defendant Date: June 11, 2001 Patrick E. Cohen 40 Eisenhower Blvd. Duncarmon, PA 17020 (717) 834-9003 PATRICK E. COHEN, PLANTIFF MERLE Ho FOUST, m, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1458 : CIVIL ACTION - LAW CERTIFICATION OF NOTIFICATION I, Patrick E. Cohen, do hereby certify that I served the Defendant Merle H. Foust BI with the Notice to Take Default Judgment, by way of Jeffrey ~ Boswell, Esquire, counsel for Defendant by way of personal delivery at the following address: JefRey R. Boswell, Esquire BOSWELL, TITNER, PICCOLA & WICKERSHAM 315 North Front Street Harrisburg, PA 17108 A copy of said Notice is attached hereto. Patrick E. Cohen, Pro Se Plaintiff Date: June 11, 2001 Patrick E. Cohen 40 Eisenhower Blvd. Duncannon, PA 17020 (717) 834-9003 Pro Se Plaintiff PATRICK E. COHEN, PLANT]FF MERLE H. FOUST, HI, DEFENDANT : IN rlHE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1458 : CIVIL ACTION - LAW TO: Mede H. Foust, IH C/O Jeffrey R. Boswell, Esquire BOSWELL, TITNER, PICCOLA & WICKERSHAM 315 North Front Street Harrisburg, PA 17108 DATE OF NOTICE: June 11, 2001 You are in default because you have failed to file a response to the Complaint in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a heating and you may lose your right to sue the Plaintiff and thereby lose property or other important fights. You should take this notice to a lawyer at once. ff you do not have a lawyer or cannot afford one, $o to or telephone the following office to find out where you can get legal help. Cumberland County Lawyer Referral Services 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Date: June 11, 2001 B Patrick E. Cohen, Pro Se Plaintiff ("2* ~ Home/jjmAresponses.answers\fbust.answer ~ffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, P[CCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff MERLE H. FOUST, III, PLAINTIFF PATRICK E. COHEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-1458 : : CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S COMPLAINT Plaintiff, Merle H. Foust, llI, by his attorney, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola and Wickersham, presents his Answer to Defendant's Complaint~, as follows: 1. Admitted. 2. Denied as stated. Plaintiffand Defendant entered into discussions whereas Plaintiff would pay for all of the parts required to bring said vehicle into safe operating condition and Defendant would pay for the labor to install the parts. After the vehicle would be brought up to a safe operating condition, Plaintiff would pay Defendant the purchase price of two thousand dollars. 3. Denied. Plaintiff is without sufficient knowledge or information as to ascertain the truth of when Mr. Cohen placed the Ford Bronco for sale. 4. Admitted. ~The instant action is an appeal from a District Justice award filed by Patrick E. Cohen, who was the Defendant at the District Justice level. PlaintiffMerle H. Foust filed a timely complaint against Patrick E. Cohen. Patrick E. Cohen also filed a pleading labeled "Complaint", which technically should have been labeled "Counterclaim" against Merle H. Foust. Both Mr. Foust's and Mr. Cohen's complaints are docketed under the same number, so there is no need for consolidation. Mr. Cohen filed his "complaint" with this Honorable Court but has failed to in any way serve, much less properly serve, Mr. Foust with said "complaint". Mr. Cohen's "complaint" did not include a notice to plead nor proof of service. After counsel for Mr. Foust received a ten day notice to plead from Mr. Cohen, counsel went to this Honorable Court and personally retrieved a copy of what Mr. Cohen filed as a "complaint". 5. Denied. Plaintiff Merle Foust was to paythe purchase price of two thousand dollars after the necessary repairs were made to the vehicle so that the vehicle would pass inspection. However, Defendant Cohen requested an advance in the amount of one thousand dollars on the purchase price, which PlaintiffFoust complied with. 6. Denied. Plaintiff is without information or knowledge as to ascertain the truth of the matter asserted. 7. Denied as stated. PlaintiffFoust was to pay for, and did pay for, all necessary parts to bring the vehicle in question up to a safe operating condition. Defendant Cohen was under the obligation to pay for the labor to install the parts and make sure the labor was accomplished in a timely manner. 8. Denied. PlaintiffFoust incorporates herein by reference the averments set forth in his Complaint. 9. Admitted in part and Denied in part. Admitted that Defendant Cohen received one thousand dollars on or about October 17, 2000. Denied that said money was a down payment according to a verbal sales agreement, as the money was requested by Defendant Cohen as an advancement on the purchase price. 10. Admitted in part and Denied in part. Admitted that PlaintiffFoust was given a key to said vehicle. Denied that PlaintiffFoust could begin using the vehicle as he wished, as the vehicle needed necessary repairs to bring the vehicle into a safe operating condition. 11. Admitted with clarification. PlaintiffFoust did clean the vehicle and only removed the bug shield and spare tire rack with the assistance and supervision of Defendant Cohen. 2 12. Admitted in part and Denied in part. Admitted that no work was completed on the vehicle, as it was Defendant Cohen's obligation to see that the vehicle was brought into a safe operating condition. Denied that no parts were ever supplied, as PlaintiffFoust fully complied with his obligation to pay for the necessary parts and Plaintiff is without information or knowledge as to why the vehicle was removed from the garage. 13. Admitted. Plaintiff incorporates herein by reference the averments set forth in his Complaint. 14. Admitted. Plaintiff incorporates herein by reference the averments set forth in his Complaint. 15. Admitted. Plaintiff incorporates herein by reference the averments set forth in his Complaint. 16. Denied. Plaintiffincorporates herein by reference the averments set forth in this Answer and in his Complaint. 17. Denied. Plaintiff is without information or belief to ascertain the troth of the matter asserted. By way of further answer, Plaintiff avers that he fully complied with his obligation to pay for the necessary parts. 18. Admitted. 19. Admitted. 20. Denied. After PlaintiffFoust demanded his money back, Defendant Cohen refused to comply with the request because Defendant Cohen did not have the original $1,000.00 anymore and PlaintiffFoust would have to wait until Defendant Cohen sold the vehicle to someone else to receive the $1,000.00. 2 I. Denied. Plaintiff incorporates herein by reference the averments set forth in his Complaint. 3 22. Denied. PlaintiffFoust is without information or knowledge as to the averment set forth. 23. Admitted in part and Denied in part. Admitted that Defendant Cohen received no further payments and Denied that the vehicle ever left the possession of Defendant Cohen. 24. Denied. PlaintiffFoust is without information or belief as to ascertain the troth of the matter asserted. 25. Denied. Plaintiff Foust is without information or belief as to ascertain the truth of the matter asserted. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court dismiss Defendant's Counterclaim erroneously labeled "Complaint"and enter judgment in Plaintiff Foust's favor as prayed for in Plaintiff Foust's Complaint. Respectfully Submitted, BOSWELL, TINTNER, PICCOLA & WlCKERSHAM DATE: 0 (a t/2[/0 [ By: · Mangan, ~gsquire e Court I;D. 87000 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 4 ATTORNEY VERIFICATION I, John J. Mangan, Esquire, hereby verify that the facts contained in the foregoing Plaintiff's Answer to Defendant's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to tmswom falsification to authorities. Date: CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiff's Answer to Defendant's Complaint by placing the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Patrick E. Cohen, Pro Se Defendant 40 Eisenhower Boulevard Duncannon, PA 17020 (717) 834-9003 Date: Jo uire