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HomeMy WebLinkAbout10-6673 ~;1_ i si~`~~~~ _ q q ~-• ... ~U1~t~011-~ Ph! 3~ ~~' CUM~Et~LAtdU COUN l~Y PEhlNSYL~IAPJlA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST 8E FILED WITHIN TEN (10) DAYS AFTER fling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ;ss AFFIDAVIT: 1 hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas 10-6673 ,upon the District Justice designated therein on (date of service) 11 / 1 , 2010 ^ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Mary Zayas Bazan 11/2 2010 ^ by personal service ®by (certified) (registered) mail; sender's receipt attached hereto. (SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ~ r ~ DAY OF IVOYen,bR, , 20 i~ ,. Signature of official before whom affidavr was made on Signature of aff~ant Title of official `~`S ~„^„' "~- .~~ My commission expires on , 20 _ // COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tamers S. Slegrist, Notary Public Waynesboro Bono, Frar>IcNn Courriy My Corrxnission Expires Dec.1,2010 Member, Pennsylvania Association of Notaries .,.._..~..~..,--.-.,-~,-,.,. w ,-.--,..,T . -~-___._. _____~___ ~ -_ ._ . ~ ...~.~,.. _-..~~. _ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of C~4~ FROM DISTRICT JUSTICE JUDGMENT ,~, COMMON PLEAS No. / (,.,~ - ~,,,~„' f,~,? ~! ~~ i ~, 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. Clark, et al. Vivian Cohick 1308 Pine Road, Carlisle, PA 17013 1 ,~ Barry Clark, et al. DOCKET No. SIG URN~LUWT OR ATTORI~Y O ENT ~ .}-~- This block will be signed ONLY when this notation is required under Pa. {f appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST !iE FILED within twenty SUPERSEOEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPF~4L. Stynstuw o/ RdNorwbry or awM 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.RC.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. r PRAECIPE: To Prothonotary Enter rule upon Mary zayas-Bazan appellee(s), to fife a complaint in this appeal Name ~ appetlee(s) (Common Pleas No. 1 a .. (~ ~ ~ ~.1 L~~~ )within twenty (20) days after service of rule or suffer entry of judgment of non pros. ~,r,,..1-~-~ (' , ,Q~- ^i'r s~n~ure o, f oratAwney or agent RULE: ~"o Lary Zayas-Bazan , appellees) Q'~'°"~`''1 -~- Q,~,,~.Q.~.~ Name arappelfee(s) (1) You are notified tftet'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 yot~~f~yo~iT,s~inhce or by certified or registered mail. i ~,~ - r i (2) If you do tayt=~~~r~afp~amt~4ltithirl. this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. ~a ~ ., ~' (3) Tti~e date @~servi~ Qf Mile;d service was by mail is the date of the mailing. ~ • ~ ~ ~ ~ _ ~. 4 `' •• ; Date: `!C~ ~` !''~~~, ` ~ ry "Y. , ~.'~'~. _' .. ~: ~~ ,i~ - ~` YOU MUST IN~hL~.A f~pPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHRE-COURT FILE TO BE FILED WRH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE as-Bazan • ~ ^ Complete Ifetrts 1, 2, end 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach the card to the back of the ma(Ipiece, or on the front ff space permits. 1. Article Addressed to: p I'J'TT•L~' J~.[ ~ ~Vl0.r LO ~~~k .ST P Gn n ~ ~~ v i, ~tw ~•1~., p~ )7~y) ~:, A / ~g /~ ~~%a~ X ^ ^ Addressee B. Re ,dived by (fi~r/pied l~e) _ ~ C. ^ to Delivery ` V/ 1 ` 1 J D D. Is deli ~ddrees different from item 1 Yes M YES. enter delivery address below:. ^ No 3. Type ~~~~ CertlBed Mall ^. Mail O Regletored Gr~rrr Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Y~ 2' Artl~a""`~` 70D3 2260 OD00 8709 33D8 (rrar-sli9r from service PS Form 3811, Febrt^ry E004 Domsstlc Return Receipt ,ozses-o2-r~,sao ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this. card to the t~k of the mailpiece, or on the front N space permits. 1. Article Addressed to: YYI a ry ZtiyG._5 - ~ Azan Cc.rllsl~, P~ 1013 A. B. Received by (Pdrrted D. Is del~Hery address difle~[It ~ Ye>~ y H YES, enter delfvary addres ~^ No .o s 86~~ 3. lype fi rflfled Mail 6 ^ Express Mail ^ Registered. ®'F~etum Receipt for Merohandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery'1(Exhe Fee) ^ Yes 2' Ar"~°"`~~ 7D07 149D ODD1 7952 2493 (narrplr>ronr aervibe ~ °- PS Form 3811. Fetxury 2flod Domestic Return Receipt ,ozeas-ox•M-,sec MARY ZAYAS-BAZAN, Plaintiff v CLARK AUTO BODY, INC. and BARRY CLARK, Defendants To: Mary Zayas-Bazar 154 Faith Circle Carlisle, PA 17013 Date of Notice: November 29, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CZ cm -'n 'MIX NO. 2010-6673 rnco 0 -•j 0 N ,O CIVIL ACTION - LAW © a 46 z z?n ?r zn -< %) =a IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER TO A 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 HEARING AND YOU MAY LOSE YOUR RIGHT TO RESPOND 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 Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SALZMANN HUGHES, P. C. George F. Douglas, III, Esg41re Attorney ID: 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Notice was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class mail, postage prepaid, addressed as follows: Mary Zayas-Bazan 154 Faith Circle Carlisle, PA 17013 Respectfully Submitted, SALZMANN HUGHES, P.C. Date: 2q , 2?' 10 By: 4:. eorge F. ouglas, III, Esquire Attorney ID: 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 MARY ZAYAS-BAZAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CLARK AUTO BODY, INC. AND BARRY CLARK ; No 6673 20 10 Defendant : Civil Term 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION v`ac ' 32 SOUTH BEDFORD STREET m 1 - 1 1 F CARLISLE, PA 17013 L . . 1-800-990-9108 r 717-249-3166 .:z Q c cz) .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA MARY ZAYAS-BAZAN, CIVIL ACTION AT LAW Plaintiff Case No. 2010-6673 V. CLARK AUTO BODY, INC. and BARRY CLARK Defendants : CIVIL ACTION AT LAW COMPLAINT AND NOW, comes Plaintiff Mary Zayas-Bazan, by and through her attorney, Sheri D. Coover, Esquire and files the following COMPLAINT and in support thereof avers as follows: 1. Plaintiff Mary Zayas-Bazan is an adult individual who resides at 154 Faith Circle, Carlisle, Pennsylvania 17013 which is located in Cumberland County, Pennsylvania. 2. Defendant Clark Auto Body, Incorporated is a business with a primary business address of 1308 Pine Road, Carlisle, Pennsylvania 17013 which is located in Cumberland County, Pennsylvania. 3. Defendant Barry Clark is an adult individual who is the owner of Defendant Clark Auto Body, Incorporated with a primary business address of 1308 Pine Road, Carlisle, Pennsylvania which is located in Cumberland County, Pennsylvania. 4. This Court has jurisdiction over this matter because the Plaintiff resides in Cumberland County, the Defendant business is operated in Cumberland County and the cause of action took place in Cumberland County, Pennsylvania. 5. On or around May 3, 2010, Plaintiff entered into an oral agreement with Defendant Barry Clark whereby the business that he owned, Defendant Clark Auto Body, Incorporated, agreed to make repairs to a 2008 Ford Focus owned by the Plaintiff. 6. In consideration of the work to be performed by the Defendant, the Plaintiff agreed to pay $5,000.00 cash due at the time of the agreement with an additional $1,500.00 due on the date that work on the vehicle was completed. 7. The work to be performed by the Defendants on Plaintiff's vehicle included body work on the front of the vehicle, a new coat of paint on the vehicle and repairs to the car's air bags. 8. At the time that the parties entered into the contract, Plaintiff informed Defendant Barry Clark that she had a vacation planned to go to the Outer Banks in the middle of June and that she needed her vehicle prior to that time to take on vacation. 9. On or around May 6, 2010, Defendant was provided with a payment of $5,000.00 cash toward the agreed upon contract price. 10. On or around June 1, 2010, Plaintiff noticed that her vehicle had not been moved on the Defendant's lot and no repairs had been done on her vehicle. 11. At that time, Plaintiff contacted Defendant Barry Clark and inquired as to the status of the repairs that he agreed to perform on the vehicle. 12. Defendant Barry Clark told the Plaintiff that he had not gotten the repairs completed but that he expected that all agreed upon repairs would be finished by the second week in June 2010. 13. Having heard nothing from the Defendant Barry Clark about the status of her car by the third week in June 2010, Plaintiff contacted Defendant Barry Clark and was told that he did not have the vehicle finished and that the work to be performed on the vehicle would be done in another two weeks. 14. Plaintiff was forced to borrow a vehicle from someone else to be able to attend her pre-paid vacation to the Outer Banks. 15. During July 2010 and August 2010, Plaintiff called the Defendant Barry Clark to inquire about the status of her car and each time she was told that the repairs on the vehicle was not finished and that the work to be performed on the vehicle would be done in another two to three weeks. 16. On or around August 8, 2010, Defendant Barry Clark promised the Plaintiff that the repairs would be completed on the vehicle no later than Labor Day. 17. During August of 2010, Plaintiff expressed her dissatisfaction to Defendant Barry Clark that the work on the vehicle had not been performed and Defendant Barry Clark replied that Plaintiff had no proof that she had provided him with the $5,000.00 for the down- payment. 18. The repairs on the vehicle were not completed by Labor Day and on September 15, 2010, Plaintiff filed a Complaint with the Honorable District Justice Cohick seeking compensation for the Defendants' breach of contract. 19. On or around October 18, 2010, Plaintiff received a Judgment for $1,482.27 from the Honorable Judge Cohick to which the Defendants filed a timely appeal. 20. On or around October 21, 2010, Plaintiff obtained possession of her vehicle at which time it appeared that all of the contracted work had been completed. 21. Later that day, Plaintiff learned that the windshield wipers did not work and there was a chip in the windshield of the vehicle. 22. On or around October 26, 2010, Plaintiff took her vehicle to another dealership, McCafferty, to perform the repairs on the windshield wipers, to check the quality of the work performed by Defendant Barry Clark and to make sure that the repairs on the air bag were done properly because the Defendant Barry Clark expressed that he had problems completing the work on the air bags. 23. McCafferty charged Plaintiff $143.79 to perform an inspection and repairs on the vehicle. 24. As a result of the Defendants' breach of contract, Plaintiff was not able to start school in August 2010 as she had planned and has had to defer her seeking her nursing degree as she had previously planned. 25. As a result of the Defendants' breach of contract, Plaintiff suffered undue hardships and emotional distress in that she strained many of the personal relationships that she had due to borrowing vehicles since she did not have her own vehicle. CLAIM ONE - BREACH OF CONTRACT 26. Plaintiff incorporates paragraphs 1 through 23 above in their entirety. 27. Plaintiff entered into a valid oral contract with Defendants whereby the Plaintiff agreed to provide payment in exchange for work to be performed on her vehicle within two and a half to three weeks of the date of the contract. 28. Defendants breached the oral contract by failing to perform the agreed upon services within the time frame agreed upon by the parties. 29. As a result of Defendants' breach, Plaintiff was damaged in that she was without a vehicle for four months after that which was agreed upon by the parties and she had to borrow vehicles from other people or was without transportation at times when she could not borrow a vehicle. 30. Plaintiff was damaged in that she had to pay McCafferty an additional $143.79 in services above that performed by the Defendant on her vehicle to ensure that her vehicle was safe to drive on the highway. 31. Plaintiff is damaged in that she has strained personal and family relations in borrowing vehicles due to the extreme amount of time that it took the Defendants to finish the repairs on her vehicle beyond that for which the parties contracted. 32. Plaintiff is damaged in that family relationships were strained due to the fact that Plaintiff's very ill father was distressed and made numerous unsuccessful attempts to reach a resolution with the Defendants regarding the work to be performed on the vehicle. WHEREFORE, Plaintiff requests that this Court issue a judgment in her favor and against the Defendants for $5,143.79 which includes compensatory damages, along with any other costs that this Court deems to be just and appropriate. ly, S eri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA MARY ZAYAS-BAZAN, Plaintiff V. CLARK AUTO BODY, INC. and BARRY CLARK Defendants CIVIL ACTION AT LAW Case No. 2010-6673 CIVIL ACTION AT LAW VERIFICATION I, Mary Zayas-Bazan, have reviewed the foregoing COMPLAINT and hereby verify that all of the facts contained therein are true and correct to the best of my knowledge information and belief. I understand that there are penalties of perjury under Pennsylvania law and federal law, both civilly and criminally for any false statements contained therein. Mary Zayas-Bazan Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA MARY ZAYAS-BAZAN, Plaintiff V. CLARK AUTO BODY, INC. and BARRY CLARK Defendants CIVIL ACTION AT LAW Case No. 2010-6673 CIVIL ACTION AT LAW CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this a b0"?)day of December, 2010, 1 caused the foregoing COMPLAINT to be served upon the individuals identified below via United States certified mail and United States first class mail addressed as follows: George Douglas, III, Esquire 354 Alexander Spring Road, Suite 1 Carlisle, PA 17013 Ily submitted, St i D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 MARY ZAYAS-BAZAN, V. Plaintiff CLARK AUTO BODY, INC. AND BARRY CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW NO. 2010-6673 NOTICE TO PLEAD TO: Mary Zayas-Bazan, and her attorney Sheri D. Coover, Esq. 44 S. Hanover Street Carlisle, PA 17013 rT' •-r,:,3 "rl YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM. Dated: / By: ??. r, DnN?-? ff' SALZMAAW HUGHES, T. C. George F. Douglas, III, Esquire Supreme Court I.D. #61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Attorney for Defendant MARY ZAYAS-BAZAN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CLARK AUTO BODY, INC. AND BARRY CLARK, Defendant CIVIL ACTION- LAW NO. 2010-6673 DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW, this 6 h day of January, 2011, come the Defendant's Clark Auto Body, Inc. and Barry Clark, by his attorney, Salzmann Hughes, P.C. and makes the following Answer to Plaintiff s Complaint with Counterclaim: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. The work performed on the vehicle included the front end, both sides of the vehicle and the air bags. The painting included the front end and sides of the vehicle only. 8. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 9. Admitted. 2 10. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 11. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 12. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 13. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 14. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 15. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 16. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 17. Admitted that the $5,000.00 down payment was received. 18. Admitted in part and denied in part. Admitted that Plaintiff filed a Complaint with District Court Judge Cohick, but denied that there was a breach of contract. 19. Admitted that judgment was entered in favor of Plaintiff by District Court Judge Cohick, which was appealed by the Defendant in a timely manner. 20. Admitted. 21. Denied. It is specifically denied that he windshield wipers or the alleged chip in the windshield was ever a part of the estimate of repair by the Defendant. 3 22. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 23. Denied. It is specifically denied that he windshield wipers or the alleged chip in the windshield was ever a part of the estimate of repair by the Defendant. 24. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 25. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 26. No response required. 27. Denied, in part and admitted in part. It is specifically denied that there was ever a valid oral contract. It is admitted that the repair took longer than anticipated by the Defendant, due to the severity of the damage to the vehicle. 28. Denied. The time given by the Defendant was an estimate and not a valid oral contract. 29. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 30. Denied. It is specifically denied that he windshield wipers or the alleged chip in the windshield was ever a part of the estimate of repair by the Defendant. 31. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 32. Denied. Defendant is without sufficient knowledge to determine whether this statement is true or false, so it is therefore denied. 4 WHEREFORE, the Defendant, Clark Auto Body, Inc. and Barry Clark, respectfully request the Honorable Court to dismiss the Plaintiffs Complaint with damages, costs and reasonable legal fees awarded to the Defendant. COUNTERCLAIM AND NOW, comes the Defendant's Clark Auto Body, Inc. and Barry Clark, by and through their attorney, Salzmann Hughes, P.C., and makes the following Counterclaim against the Plaintiff, Mary Zayas-Bazan. 33. The averments of fact contained in the Answers to the Complaint contained in Paragraphs One (1) through Thirty-Two (32) are incorporated by reference and are made a part of this Counterclaim. 34. The Plaintiff had allowed the insurance coverage to lapse on her 2008 Ford Focus in approximately May of 2010. 35. Approximately two days after the insurance lapsed, the said Ford Focus was stolen from the Plaintiff. 36. The driver of the stolen vehicle was involved in an accident while operating the said Ford Focus which caused severe damage to the front end and sides of the vehicle. 37. The Plaintiff had the severely damaged vehicle delivered to the Defendant's for repair. 38. Defendant, Barry Clark, prepared a written estimate which totaled $6,792.50. 39. Despite the severe damage the Plaintiff wanted the vehicle repaired due to the fact that she had an outstanding car loan of approximately $8,000.00 on the said Ford Focus. 5 40. Defendant completed the repairs on the vehicle covered by his estimate. The estimate is attached as Exhibit A and two photos of the repaired Ford Focus are attached as Exhibit B. 41. The cost of the actual repair of the vehicle was far in excess of the estimate of $6,792.50, due to the severity of the damage. 42. Defendant admits that the repair to the vehicle took longer than he had anticipated. Therefore, the Defendant has offered to accept a total of $6,500.00 for the completed repair. 43. The Plaintiff has paid the Defendant $5,000.00, which the Defendant has received leaving a balance due of $1,500.00. WHEREFORE, the Defendant's seek damages against the Plaintiff, Mary Zayas-Bazan, in the amount of 1,500.00, plus costs, interest, and legal fees. Date: 0 (711 r Respectfully submitted, SALZMANN HUGHES, P. C. George F.'Douglas,-III, Esq'6ire Supreme Court I.D. #61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Attorney for Defendant 6 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsifications to authorities. C1 CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Defendant's Answer to Plaintiff's Complaint with new Matter and Counterclaim was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class mail, postage prepaid, addressed as follows: Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 Respectfully Submitted, SALZMANN HUGHES, P.C. Date: I I-? I I 1 'TL By: hp::n?- F, ?)? George F. Douglas, III, Esquire Attorney ID: 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 CLARK'S AUTO BODY, INC. 1308 Pine Road Specializes in Fiberglass Carlisle, PA 17015 Phone 486-4151 OWNER DATE A ILW AnnRESS ., -ff /r./. -, ?FHONE 7:? 3?? 1"" 15; YEAR RE?wlw MAKE MODEL BODY SERIAL NO. LICENSE NO. MILEAGE t'] Z :5z? I , '` SUBLET/NET RE?LACEI HOURS OR PARTS ITEMS 1 J/17_4 01 1 ? ? V v L Y e e 1 J C CN N 3,0 C_ v Jr, v SUB TOTAL LABOR THIS ESTIMATE IS SASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LASOR WHICH MAY EE REQUIRED AFTER THE WORK HAS SEEN STARTED. AFTER THE WORK WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY HAS STARTED P ARTS . SE OHCOVERE0. NATURALLY THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES. PARTS PRICES SUS•ECT TO CHANGE WITHOUT NOTICE. THIS ESTIMATE IS FOR IMMEDIATE ACCEPTANCE. SUBL EVNET ITEMS THIS WORK AUTHORIZED BY TAX Exhibit "A" ESTIMATE SHEET TOTAL CT ARK'S AUTO BODY, INC. 1308 Pine Road Specializes in Fiberglass Carlisle, PA 17015 Phone 486-4151 OWNER DATE ADDRESS PHONE. ?- v BODY i SERIAL NO. LI YEAR MAKE MODEL CENSE.NO. MILEAGE I HOURS LABOR SUBLET/NET { PARTS iT-- REPAIR REPLACE SUB TOTAL I_ THIS ESTIMATE IE BASW ON OUR INSPECTION ANO GOES NOT COVER ADDITIONAL PARTS OR LABOR WHICH MAY BE REWIRED AFTER THE WORK HAS SEEN STARTED. AFTER THE WORK HAS STARTED. WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY BE DISCOVERED. NATURALLY THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES. PARTS PRICES SUBJECT TO CMANOC WITHOUT NOTICE. THIS ESTIMATE IS FOR IMMEDIATE ACCEPTANCE. THIS WORK AUTHORIZED BY ESTIMATE SHEET LABOR P ARTS SUBLET/NET ITEMS TAX TOTAL 1 m 0 {a r 'I Fp??. . -?'? ? ; i' ?"'1? ?p L.T1 .?.. MARY ZAYAS-BAZAN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-6673 CLARK AUTO BODY, INC. and BARRY CLARK, CIVIL ACTION -LAW Defendants To: Mary Zayas-Bazan and her attorney ca ?=? Sheri D. Coover, Esq. a. 4 44 S. Hanover Street Carlisle, PA 17013 xt Date of Notice: February 3, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER TO A COUNTERCLAIM IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO RESPOND AND THEREBY LOSE PROPERTY OR OCHER 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 Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SALZMANN HUGHES, P. C. George F. Douglas, III, Es ire Attorney ID: 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 David (D. Buelr (Prothonotary Office of the Prothonotary Cum6er[and County, Tennsyfvania 7(irkS. Sohonage, ESQ Solicitor / Q /pi 73 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 • Carlisle, PA • (Phone 717 240-6195 • EaX 717 240-6573