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HomeMy WebLinkAbout01-2819 NOTICE OF APPEAL FROM ~ DISTRICT JUSTICE juDGMENT . . juOlCt Al- DISTRICT  COMMON pLEAS No. NOTICE oF APPEAL the judgment rendered by the DistriCt Justice , ~,~mmon pleas an aPPCai tr°~n the above Court o~ ~'" IotiCe ts ~iven that the aP~llant has tiled in betOw. the date and m the case ~enttoned - .- ~e~~% ...... a SuPERSED~''' Th~s Not --- to the ~udgment [o P ~This ~ctlOr~ of form to be u~ · f a ~1 to IF NOT usED, det~h from copV of not,ce o PP ar' , appeltee[S), to {mte a complaint in this aPPeal pRAECtPE: To prothonOt Y ~ ~~ · r su(fer entry o) ~udgment o( non pros .... ute upon ~t ~~20~ ~ servi~ of rule o , , ap~liCe{s) ~ twenty [20~ daYS after the date of RULE: To ~s ~e a co~lahtt in this a~ entered' u~n'Y°u to. tde ~5 hereby . [1) You are not~fied that a rute s~[~' o~ bY certified or re9~stered mail. service of th~s rule upon you bv perso~at ~e.~a juO~GMENT OF NON PROSWiLL BE ENTERED AGAINST YOU. . . .. . . do not tile a complaint within Iht?~ . he date of it you t2) The date of service of this ~ule it service was by mail is. Date ': ~' ~D t coURT FILE TO BE FILED wITH pRoTHONOTARY , PROOF OF SERv COMPLAINT AFFIDAVtT: ~ · ~ ~WORN CAI f'INMEDI AND ' ~h,, app,.,h~,,(~) ~., ~ ~E. .. ~¥-09-2001 14ED 03:40 Pt1 tlETTE EV~ItS & laOOl>$lOE FP~ ~0, 7172381818?, oTICE OF jUDGMENTfTRANSCRIPT coMMONWEALTH OF PENNSYLVANIA N CIVIL CA~F~, THot~A$ A. pitChY PO BO~ 5950 ~ ...... ~ ........... judgt~ent: ~~.~~ [Namsl [~ Judgment was entered tot: me --' '~ v~~~ .... ~ Judgment was entered against; [Ne }~ [Date ot judgment) ~/~.O~0~ in the amouot et $ .... ~ on: (D~te &Time) .......... ~ O3magOs wilt be assessed on; Jud me~ Costs ~ . 0el [~ This case dismissed without prejudice. T~nI' 'Dst Judgment credits $ ~-'~ Amount gl judgment Subject to ~ ,DSt Judgment Costs ~ Att~chmen~Act 5 gl 1996 $~ ' v has been Iiled ~ h~rlng ~11 b~etd; -- ~~ MUST tNCI-UDE A COPY OP ~HIS N E OF dU~~TI~RIPT FORM~ yoUR ~OTICEOF ~pp~L. My c~mmisslon expires first Monday ~ Jenun~, AOPC 315~9 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS (~talber land County FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~ NOTICE OF APPEAL Not~ce ~s g~ven that the appellant has filed m the above Court of Common Pleas an appeal from the judgment rendered by Ihe District J~. on the date and m the case menboned below. .................. A, 6714 Cajlisle ~ike ._.~hantcabur PA 17050 cv 000008 '"' LT 19_ ~lock wdl be signed ONLY when th~s notation is required un~r Pa. R.C.P.J.P. No. 1008B. if ap~//ant w~ C/aimant (~ Pa. R.C.P.J.P. This Notrce of Appeal, when received by the D~stnct Jushce, will operate as No. I~I(6) in ~tion ~fo~ D/strict Just/m, a SUPERSEDEAS to the judgment for possession in this case. MUET FILE A COMPLAINT within t~n~ (~: day$ after filing his NO TICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This ~tion of form to be ~10NL Y wh~ ap~llant w~ DEFENDANT (~ Pa. R.C.P.J.P. No. I~I{7) in ~tion ~fom District Just'_ _ IF NOT USED, det~h from copy of notice of appeal to ~ ~rved upon ap~ll~J. PRAECIPE: To Prothonotary _ _ {l~,j ~ ~ ) within twenty (20) days after service of rule or suffer entry of iudgment of non p. RULE: To g-~- T.~l~4T , ap~llee(s} (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 mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of servi~e of this rule if service was by mail is the date of mailing. AOPC 312-90 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT JNTY OF_..-.C~-.~~-]t~) .................... :FIDAVlT: I ,,..,..!.~'~,.,' ..... . . I..~ Z .: ,:"~',' ": ';'" ~";'~': '''~ Ai'P'""l' (;"~;:"':'~ ~'"'~: Nu..O.[~2~. m ,. '.~:.' I~ .~;,~': J,." ," d, ,'u .,m. ~ :.,. ~.' :' ," ' · ~.~.?,. :,, .,.~,,,,.~ ~ay .ii .......... ~ 2q0.[ , by p~,:-',,,,.,; ,. '~ ...... X ,w '., ,..t ',,.d,~*~ "' ', ~' ,.,a:,,'. ~ay II . x~ 2Q0} : ~,~ E~,',',.,... ,, '-., ~' :X~ hv ,, ,.'~ ~ '-' ~*~*.~*m, ...',,I..,", ~-,:".l,~ :~.,=.h:,:l h..:,+, ...h,,m m.. P:,,, ' ......... '~ May ~[ ... ...... . 19 .... No.rial Se~ R~m M. Rosad~ N~ Pu~ic B~e~n~ Twp., Dau~n ~ My ~lmim E~im ~eb. 24, WAYNE LeCLAIR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA v. NO. I)1-2819 CIVIL ACTION - LAW CUMBERLAND VALLEY MOTORS, Defendant JURY TRIAL DEMANDED 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 am 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, thc 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 Plaintiffs. 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 {717) 243-3341 Attorneys for Plaintiff Date: July 3, 2001 WAYNE LeCLAIR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2819 CIVIL ACTION - LAW : CUMBERLAND VALLEY MOTORS, : Defendant : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Wayne LeClair, is an adult individual residing at 117 Greenbrier Lane, Dillsburg, Pennsylvania 17019. 2. Defendant, Cumberland Valley Motors, is a business entity with its principal place of business located at 6714 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff's son was shopping for a car and went to Defendant's place of business where Plaintiff's son viewed a car tbat was on display. 4. The next day, Plaintiff and his son returned to inspect and test the car. 5. At that time, an offer was made to buy the car, but no agreement was reached, so Plaintiff and his son went elsewhere looking for a car. 6. Plaintiff returned later that day and after negotiating with Defendant's salesman, a price was agreed to that met Defendant's manager's approval for the selected vehicle. 7. To accept Defendant's offer to sell the vehicle, Plaintiffsigned a "Retail Buyer's Order" which was prepared by the salesman. 8. Plaintiffalso presented the Defendant with a $100.00 check as a down payment for the vehicle. 9. The $100.00 was subsequently cashed by Defendant. (A copy of that cancelled check is hereby attached as Exhibit "A".) 10. A delivery date for the vehicle was set for the following Wednesday. 11. In the alternative, Defendant's cashing of the check constituted an acceptance of Plaintiff's offer to buy the car. 12. On the following Monday, Plaintiff received a call from Defendant's salesman indicating that the vehicle which the Defendant had advertised for sale, offered for sale to the Plaintiff, and actually sold to the Plaintiff, had been previously sold by the Defendant. 13. The next day, Plaintiff made contact with the Defendant to attempt to obtain a suitable replacement vehicle. 14. Plaintiffultimately found a replacement vehicle of the exact same make, year, model and substantially similar mileage. 15. Plaintiff ultimately purchased the vehicle. 16. Plaintiff was required to pay $519.38 more for the replacement vehicle than the vehicle which the Defendant had advertised for sale, offered for sale, and agreed to sell to Plaintiff. COUNT l BREACH OF CONTRACT 17. The averments of Paragraphs 1 through 15 are hereby incorporated by reference. 18. Defendant breached its contract to sell the vehicle to the Plaintiff. 19. Defendant accepted a partial payment for the vehicle which it had attempted to sell. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $519.38. COUNT 11 UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 20. The averments of Paragraphs I through 18 are hereby incorporated by reference. 21. Defendant advertised a vehicle tbr sale, displayed it, showed it to individuals, including Plaintiff, after the vehicle had already been sold. 22. Defendant's actions amount to a violation of the Unfair Trade Practices and Consumer Protection Law. 23. Under the Unfair Trade Practices and Consumer Protection Laxv, if Plaintiff establishes an unfair, deceptive practice, Plaintiff may be awarded treble damages and attorney's fees. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount orS 1,458.14, plus interest, costs, and attorney's fees. George B. Failer, Jr., Esqu I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 3, 2001 EXHIBIT "A" VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Wa~n~L~ecrair - CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Mar~son Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John F. Yaninek, Esquire 3401 NorXh Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO Carlisle, PA 17013 (717) 243-3341 Dated: July 3, 2001 WAYNE LeCLAIR, : IN THE COURT OF COMMON PLEAS OF Plaimiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-2819 CIVIL ACTION - LAW V. : CUMBERLAND VALLEY MOTORS : Defendant : FORY TRIAL DEMANDED NOTICE TO PLEAD TO: Wayne LeClair cio George B. Failer, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. Respectfully submitted, METRE, EVANS & WOODSIDE By: ~ ~up. Ct. ID N6. 55741 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 {717) 232-5000 Attorneys for Defendant Cumberland Valley Motors DATE: July 31,2001 : IN THE COURT OF COMMON PLEAS OF WAYNE LeCLAIR, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA i NO. 01-2819 CIVIL ACTION - LAW ¥, ; CUMBERLAND VALLEY MOTORS : Defendant : JURY TRIAL DEMANDED ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT 1. AdmiRed. 2. Admitted in part with clarification. 6720 Carlisle Pike is actually where Plaintiff made an offer on the vehicle in question. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part. Denied in part. It is admitted that Plaintiff returned later that day and negotiated a price with Defendant's sales man. However, it is specifically denied that this price was ever approved by Defendant's manager or authorized representative to approve Plaintiff's offer for the selected vehicle. 7. Denied. This paragraph states legal conclusions to which no response is required. To the extent any facts are stated, plaintiffmerelY made an offer to purchase a vehicle which was contingent upon later acceptance. 8. Admitted. 9. Admitted with clarification. It is admitted that Defendant cashed said check for $100.00 but only after notifying Plaintiff that the subject vehicle was not available for sale. Plaintiff granted Defendant authorization to cash said check with the understanding that the Defendant would continue to search for a substitute vehicle for Plaintiff. Cashing of said check was wholly unrelated to any approval of sale or offer previously extended to Defendant by Plaintiff. 10. Denied. It is specifically denied that there was ever a delivery date set for the subject vehicle stated within Plaintiff's Complaint. 11. Denied. This paragraph stales a legal conclusion to which no response is required. 12. Admitted in part. Denied in part. It is admitted that Defendant's salesman called Plaintiff and indicated that the vehicle could not be sold to him. It is specifically denied that a sale between Plaintiff and Defendant was ever consummated and the remaining allegations contained within paragraph 12 are denied as legal conclusions with strict proof thereof demanded at trial. 13. Admitted. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained within paragraph 14 and are therefore denied. 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained within para,apb 15 and are therefore denied. 2 16. Denied. Al~er reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained within paragraph 16 and are therefore denied. COUNT ! Breach of Contract 17. Paragraphs 1-16 of Defendant's Answer are incorporated herein by reference as if fully set forth in length. 18. Denied. This paragraph states legal conclusions to which no response is required. 19. Denied. This paragraph states legal conclusions to which no response is required. To the extent this paragraph states any facts, any money accepted by Defendant was for the purposes of procurement of a new vehicle and not a contract for the sale of the subject vehicle. WHEREFORE, Defendant demands judgment against Plaintiff together with costs. COUNT 11 Unfair Trade Practice and Consumer Protection Law 20. Paragraphs 1-19 of Defenclant's Answer are incorporated herein by reference as if fully set forth in length. 21. Admitted in pat~. Denied in part. It is admitted that Defendant mistakenly showed a vehicle to the Plaintiffs which had already been sold. It is specifically denied that 3 Defendant ran any advertisement for the vehicle or put it on display at, er the vehicle had been sold. The vehicle was on Defendant's car lot. 22. Denied. This paragraph states a legal conclusions to which no response is required. 23. Denied. This paragraph states a legal conclusion to which no response is required. WHEREFORE, Defendant demands judgment against Plaintiff together with costs. NEW MATTER 24. Plaintiff's claim is barred by the applicable statute of frauds, including, but not limited to 13 Pa. C.S.A. §2201. Respectfully submitted, METTE, EVANS & WOODSll)E By: ~ F. YanincI1~, Esquire ~p. Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Cumberland Valley Motors DATE: July 31, 2001 4 VERIFICATION I, R. GAKTH ULLOM, President of Cumberland Valley Motors, have read the foregoing Answer and verify that ! have the authoritY to make this Verification on behalf of Cumberland Valley Motors, and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4202 relating to unsworn falsification to authorities. R. GARTH ULLOM, PRESIDENT DATED:_ ~]1~'~10~ - 7 C__E_ERTIFICATE OF SERV_ICE~ I, JOHN F. yANINEK, ESQUIRE, hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil procedure, by depositing a copy of same in the United States Mail at Harrisburg, pennsylvania, with first-class postage, prepaid, as follows: George B. Failer, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Cumberland Valley Motors DATE: July 31, 2001 ~A~E LeCLAIR, : PLEAs OF v. : ~ E~NSYLVANIA. : ~0. 01-2819 CIVIL ~fe~n~ ' ~E_ 1312-l, ~e PecZCZon ~or Appolu~nc of ArbZcraCors in the ~oll~n~ fora: ~XT~ FOR ~~T OF ~ ~ HO~BLK. ~E J~ES OF ~ID COURT: , counse~ for ~he Pla~nc~ff/~ the above m~on ~, respectfully represents 1. · able-captioned ac~on ~ ~s ~ 2. ~e claim of the plaintiff ~n the action ~s ~e com~ercla~ of ~he defendant ~n ~he ac~on ~e foll~ng attorneys are ~nCeresced ~n ~he ca ' ' ~se dloq~lif~ed co .... ~ _ se(K) as co~e~ or are o~her- ~FO~, ~our Petitioner praya ~our Honorable Court Co ao o~n arbitrators Co v~ the case sha~l be submitted. ' p C three (3) ~speccful~Y~ubm~ce~ ' t ..... ~/, ~n consideration o~ the ~ ~ ,Esq., are appointed arbitrator · ab~e-cap~oned ' s ~n the action (or actions) as prayed for. WAYNE LeCLAIR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-2819 CIVIL ACTION- LAW CUMBERLAND VALLEY MOTORS, : Defendant : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER 24. This paragraph is denied as a conclusion of law to which no response is required. MARTSON DEARDORFF WILLIAMS & OTTO Geor B~.F~'ller, Jr., squire "~-~ I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Mr. Wayne LeClair Date: August 9, 2001 CERTIFICATE OF SERVICE I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Plaintiff's Response to Defendant's New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John F. Yaninek, Esquire 3401 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO Melinc~'a A. Hall Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 9, 2001 WAYNE LeCLAIR, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01-2819 CIVIL ACTION - LAW : CUMBERLAND VALLEY MOTORS,: Defendant : ARBITRATION SUBPOENA TO APPEAR AND TESTIFY TO: Howie Wagenheim 5254 Strathmore Drive Mechanicsburg, PA 17050 WE COMMAND YOU, that all business and excuses being laid aside you appear and attend before Michael L. Bangs, Arbitrator, acting under the Arbitration Law of this State at the Old Courthouse, second floor hearing room located at, One Courthouse Square, Carlisle, on Thursday, May 16, 2002 at 9:00 A.M. to testify and give evidence in the above-referenced Arbitration, and to remain until excused. Signed: "' Michael J. Bang~s~quire, Arbitrator Requested by: John F. Yaninek, Esquire Mette, Evans & Woodside ~.IETTE, E~'AN6 & ~,'OODr~IDE ATTO~ys AT LAW February 26, 2002 Michael Bangs, Esquire 302 South 18t~ Street Camp Hill, PA 17044 RE: Wayne LeClair v. Cumberland Valley Motors Arbitration Dear Mr. Bangs: Enclosed please find a Subpoena to Appear and Testiflj directed to Mr. Howie Wagenheim, a former employee of Cumberland Valley Motors, compelling his attendance at Arbitration in the above-referenced matter which is scheduled be held before you on May 16, 2002 at 9:00 a.m. Please execute the enclosed subpoena and return it to me in the enclosed, self- addressed, stamped envelope. I will see that proper service is effected. If you have any questions, feel free to contact me at 232-5000. Thank you. Sincerely, Paralegal to JOHN F. Y^NiNEK /pml Enclosure cc: John F. Yaninek, Esquire · : ~ ' OO~' aa ~ 7000 0520 00~4 5915 6~19 In The Court of Co~on PLeas og ) Cumberland County, ~enn~ylvania I OI -~ ~'~. I~'~ ) ~o. , ) ) ~e do sol~Y ~ (or aifi~) ~ha~ ~a ~iL~ suppOrt, obay and ~h~ Co~i~u~iOn o~ ~h~ United S~6s and the Ca~l~lea oi ~his du~ias o~ our oi~iae~ch ~id~li~y- .. ~~m. ,.'~.": ....l ~ I ....... .... '.~.~ :.;:: ~:.: ........... ....... / ~ ~. , ~e, ~ha ~dersl~ed arbi~ra~o~s~ Mvtn~ been duly appointed and svo~ (o~ af~i~ed), ~ke the ~oL~n~ avard: (No~e: l~ ~es ~or delay are avarded, they shall be separately seated.) · A~b£tza~o~, dissen~s. (Insez~ neme ~--~ ~, ,he }~"4ay Oi ~A~ , ~, a, /~'l~,.~.li., ,he above a~rd ~s en~e~ed upon the doc~c and ~ocica :he~eo/ given oy ~il ~o ~he ArbiCzacors~ c~ac~ou Co be paid upon app.: