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Home My WebLink About01-2648 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DALEE. ANST,.E. = Plaintiff : : v. : CIVIL LAW - ACTION : SUN MOTORS CARS, INC., : Defendant : JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default 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 fights 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 THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION ............. Lawyer Referral Service ,~.,.. ,~./,.~.,... ~.. c Two Liberty Street ,.,,...p ............... Carlisle, Pennsylvania 17013 ..... ~'~'~ (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DALE E. ANSTINE, : NO. Plaintiff : : v. : CIVIL LAW - ACTION : SUN MOTORS CARS, INC., : Defendant : JURY TRIAL DEMANDED USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las p~ginas siguientes, debe tomar acci(Sn dentro de veinte (20) dias a partir de la fecha en que mcibi0 la demanda y el aviso. Usted debe pmsentar compamcencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci0n por cualquier dinem reclamado en _ la demanda o por cualquier otto queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFIClNA EN LA DIRECCION ESCRITA ABA. JO PARA AVERIGUAR DONDE PUEDE OBTENER ASlSTENClA LEGAL, CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DALE E. ANSTINE, : NO. O/- 24. v~ ~ ~'-z.,..,,.- Plaintiff : : v. : CIVIL LAW - ACTION SUN MOTOR CARS, INC. : Defendant : JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff, Dale E. Anstine, is an adult individual residing at 2505 Taxville Road, York, Pennsylvania 17404. 2. Defendant, Sun Motor Cars, Inc. is a Pennsylvania Corporation with an address for service of 4444 Carlisle Pike, Camp Hill, PA 17011. 3. At all times relevant hereto, the Plaintiff was the owner of a 1995 Mercedes-Benz sedan automobile. 4. On or about March 19, 2000, the Plaintiff was operating the aforementioned automobile when he struck a deer sustaining damage to the aforementioned vehicle. 5. Plaintiff had the vehicle towed to the Defendant's place of business located at 4444 Carlisle Pike, Camp Hill, PA 17011 to be repaired. 6. Plaintiff chose the Defendant's place of business to perform the repair work because the Defendant was the closest authorized Mercedes-Benz dealer to the scene of the accident. 7. The repair work included repairs to front end body damage, electrical system damage and various parts. 8. The cost of the repairs was in excess of $10,000.00. 9. The repairs were completed by the Defendant on or about April 25, 2000. 10. On Saturday, February 24, 2001, Plaintiff was operating the vehicle in the state of Florida when the vehicle overheated due to an electrical system failure. 11. The electrical system failure caused other parts of the vehicle to also fail. 12. The electrical system failure was directly due to improper repairs performed by the Defendant on Plaintiff's vehicle. 13. Plaintiff had the vehicle repaired at Mercedes-Benz of Palm Beach, 4000 Okeechobee Boulevard, West Palm Beach, Florida 33409. 14. A copy of the repair bill from Mercedes-Benz of Palm Beach is attached hereto as Exhibit "A", which totals $3,266.51. 15. As a result of the Defendant's faulty repairs and the subsequent damage to Plaintiff's vehicle, Plaintiff was without the use of his vehicle for one week and incurred rental car expenses in order to obtain a replacement rental vehicle. A claim is therefore made against the Defendant for loss of use and rental expenses. COUNT I DALE E. ANSTINE SUN MOTOR CARS INC. NEGLIGENCE 16. The allegations contained in paragraphs 1 through 15 are incorporated herein and made part hereof as fully as though set forth at length. 17. The negligence of the Defendant consisted of the following: a) Failing to exercise reasonable care in performing repairs to Plaintiff's vehicle; b) Failing to perform repairs to Plaintiff's vehicle in a workmanlike manner; and c) Failing to utilize the degree of cera required of a reasonable automobile repair business in performing repairs to Plaintiff's vehicle. 18. As a result of the aforesaid negligence, Plaintiff sustained damages as previously set forth herein. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. 3 COUNT II DALE E. ANSTINE V. SUN MOTOR CAR, INC. BREACH OF CONTRACT 19. The allegations contained in paragraphs 1 through 18 are incorporated herein and made part hereof as fully as though set forth at length. 20. Plaintiff contracted with the Defendant to perform certain repairs to his vehicle. 21. Plaintiff paid valuable consideration to the Defendant in exchange for the performance of those repairs. 22. Plaintiff entered into the contract with a reasonable expectation that the repairs would be performed by the Defendant in a workmanlike manner. 23. The Defendant breached the aforesaid contract by failing to perform the repairs in a workmanlike manner. 24. As a result of the breach of contract by the Defendant, Plaintiff seeks rescission of the contract and a refund of all monies paid to the Defendant in consideration of the contract. 4 25. In addition or in the alternative, Plaintiff seeks consequential damages from the Defendant due to its breach of contract as set out previously herein. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. Respectfully Submitted ~lre Two West Market Street PO Box 952 York, PA 17405 Phone: 717-846-0606 I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.$. {}4904, relating to unsworn falsification to authorities. _x~alo E. Ar~tine SHERIFF's RETURN - REGULAR CASE NO: 2001-02648 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANSTINE DALE E VS SUN~OTORS CARS INC CPL MICH3~_EL_BA__RRICK , Sheriff or Deputy Sheriff of Cumberland CountY, Pennsylvania, who being duly sworn according to law, says, the within CO___MPLAINT & NO~TIC~EE _ was served upon SUN MOTOR CARS INC the ~EFE_NDAN~TT _ , at ~830:00 HOURS, on the _33rd day of May 2001 at 444 CARL~SL~ PIKE -- ' CAMp HILL, PA 17011 by handing to MICHAEL~BU_R:AKoW, ADULT IN C~HARGE a true and attested copy of CO__MPL~_INT & NOTICE - _ together with and at the same time directing Hi___~s attention to the contents thereof. Sheriff,s Costs: ---------__ Docketing So Answers: Service 18.00 Affidavit 8.06 .00 Surcharge 10.00 R.--~Th~a~ kli~e - .00 36.06 05/04/2001 DALE ANSTINE Sworn and Subscribed to before By: me this ~3~ day of --_<~ ~m~__~ A.D. ~ ~no~-~a~ ~