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HomeMy WebLinkAbout04-4638DANIEL NEWCOMER, Plaintiff NEW KINGSTOWN AUTO SALES, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FEE OR NO FEE, CUMBERLAND CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m~s adelante en las siguientes p~ginas, debe tomar acciOn dentro de los pr0ximos veinte (20) dias despubs de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci(~n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaciSn o remedio solicitado pot el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 DANIEL NEWCOMER, Plaintiff NEW KINGSTOWN AUTO SALES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT 1. The Plaintiff is an adult individual residing at 7 Ashburg Drive, Mechanicsburg, Pennsylvania 17050. 2. New Kingstown Auto Sales is a corporation having its main business located at 73 E. Main Street, New Kingstown, Pennsylvania 17072. 3. The facts and occurrences hereinafter related took place on or about October 23, 2003 on the Carlisle Pike in Mechanicsburg, Pennsylvania. 4. At the time and place aforesaid, Plaintiff was the owner and operator of a 1995 Chrysler sedan which caught on fire while it was being operated on the Carlisle Pike resulting in the damages hereinafter set forth. 5. At all times relevant hereto, Defendant was engaged in the business of repairing and selling automobiles. 6. On or about October 22, 2003, Defendant, acting through its agents, servants and employees, had installed an engine into Plaintiff's vehicle, and had represented that the vehicle was fit to drive. 7. The aforesaid fire and damages resulting therefrom were due to the negligence of the Defendant in the manner in which it had installed the engine as follows: a) a bolt in the left side of the plenum was not tightened properly which allowed the wires to the map sensor strike an arc and provide a spark to ignite a fuel leak in or near the fuel rail. 8. Solely as a result of the Defendant's negligence, Plaintiff sustained damages totaling SIX THOUSAND TEN and 90/100 ($6,010.90) DOLLARS. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. Dated: Respectfully submitted, WiX, WENGER & WEIDNER By Richard H. Wix, Esq., ID# 07'274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 2 VERIFICATION I, Daniel Newcomer, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct t¢~ the bcct of my .~c,.*:~dge, inform~.tior~ and belief. I ~m authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: Daniel Newcomer SHERIFF'S RETURN - REGULAR CASE NO: 2004-04638 P COMMONWEALTH OF PENNSYLVA/qIA: COUNTY OF CUMBERLAND NEWCOMER DANIEL VS NEW KINGSTOWN AUTO SALES KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE NEW KINGSTOWN AUTO SALES DEFENDANT , at 1650:00 HOURS, at 73 E MAIN STREET NEW KINGSTOWN, PA 117072 HARRY LAUGHMA-N, GENERAL a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 16th day of September, __ by handing to MANAGER, ADULT IN CHARGE together with 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.92 Affidavit .00 Surcharge 10.00 .00 33.92 Sworn and Subscribed to before me this ~J~ day of ~Wr~chonotary ~ ' So Answers: R. Thomas Kline 09/17/2004 WIX WENGER WEIDNER DANIEL NEWCOMER, Plaintiff NEW KINGSTOWN AUTO SALES, Defendant IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 20004-~ CIVIL LAW - LAW MANDATORY ARBITRATION Notice to Plead To: Daniel Newcomer, by and through his attorney, Richard iH. Wix, Esquire: AND NOW this ]d day of October, 2004, you m'e hereby notified that an action of law has been brought against your interest and that you have twenty (20) days to plead responsively from the date of service hereof or a Judgment may be entered against you or factual pleadings may be deemed admitted. The Law Office of John M. Glace Jo Esqmre 131-1/54)~al~ut Street H~.a~e~hg~on,~, P~ 17101-1612 Telephon ~ ~717-238-5515 Telefax: 71'7-238-6929 Supreme Ct. ID: 23933 Counsel for Defendant DANIEL NEWCOMER, Plaintiff V. NEW KINGSTOWN AUTO SALES, Defendant 1N THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - 46351 CML TERM CIVIL ACTION - LAW MANDATORY ARBITRATION Answer with New Matter 1. Admitted, upon knowledge and belief. 2. Admitted. 3.-4. Denied. Defendant is without flint hand knowledge of the factual averments of these paragraphs and therefore denies those averments and .demands strict proof at time of~ial. 5. Admitted. 6. Admitted in part and denied in part. Defendant admits installing an engine or causing an engine to be installed; but denies representing that the vehicle in question was fit to operate. Defendant further avers that he told and directly communicated to Plaintiff that there was visible sign of a power steering fluid leak and that the vehicle would be highly dangerous to operate without immediate inspection and remedy. 7. Denied. Defendant generally denies negligence in installation of the engine and spefically denies that any bolt whatsoever was not tightened to specification and further denies that a map sensor, which is a vacuum operated component, is capable of causing any spark whatsoever. Defendant demands strict proof as to both causation and the operation of a map sensor at time of trial. 8. Denied. Defendant denies any negligence whatsoew~-r and therefore denies its liability as to any damages arising fi.om the alleged incident. Further Defendant denies that $6,010.90 is the correct and equitable damage for the alleged incident and also demands strict proof at time of trial. WHEREFORE Defendant NEW K1NGSTOWN AUTO SALES, Inc. demands Judgment in its favor. NEW MATTER 9. Defendant incorporates by reference all Answers to the above Action as if set forth in full and makes them part hereof this New Matter. 10. Plaintiff's negligent acts and/or omissions acts alone are the cause of any fire in the vehicle in question because of his failure to correct the power steering fluid leak and his continued operation for three (3) days moreofless after advisement; said acts and/or omissions constituting either intemeding or superceding causation. 11. Plaintiff, by his continued operation of unroadworthy vehicle after advisement of the power steering fluid leak, which is a highly combustible liquid in close proximity to an exhaust system that becomes very hot during operation, is estopped equitably from this Action. 12. Plaintiff seeks damages that are not permitted at law since he seeks an amount more valuable than the tree value of the vehicle in this Action. 13. The causation of the fire as alleged is impossible. 14. D ' ' ' efendant s acts and/or omlss~ons failed to mitigate any damages, said liability being denied fully by the Defendant. WHEREFORE Defendant NEW KINGSTOWN AUTO SALES, Inc. demands Judgment in its favor. Dated: Respectfuily submitted, The Law Office/~f John M. Glaee J~Gla~e, Esquire S~,~re~e Ct. ID: 23933 ~fic2-I34 Walnut Street l'l~m-isburg, PA 17101-1612 (717)238-5515 VERIFICATION Certificate of Semdce I HEREBY CERTIFY that this ~ y of October, 2004, I have served a true and correct copy of the foregoing Answer with New Matter, by first class mail, postage pre-paid, upon Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 The Law Office of John M. Glace ~~ rare John l~f/(~c5 Esq' Sup~/~Se Ct. 1D: 23933 132-134 Walnut Street Harrisburg, PA 17101-1612 Telephone: 717-238-5515 Telefir~: 71%238-6929 Counsel for Defendant DANIEL NEWCOMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004~~ NEW KINGSTON AUTO SALES, Defendant : CIVIL ACTION -- LAW : PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 10. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. 11. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. 12. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. 13. Denied. 14. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. WHEREFORE Plaintiff Daniel Newcomer demands judgment in his favor and against Defendant. Respectfully submitted, WIX, WENGER & WEIDNER Kathryn L. Wix, Esq. I[~t92944 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 CERTIFICATE OF SERVICE AND NOW, this 19th day of October, 2004,. I, Kathryn L. Wix, Esquire, Associate of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the within Answer to Defendant's New Matter this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: John M. Glace, Esquire 131-134 Walnut Street Harrisburg, PA 17101-1612 WIX, WENGER & WEIDNER Kaihryn L. Wix, Esq~i're DANIEL NEWCOMER, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-33713 NEW KINGSTON AUTO SALES, Defendant : CIVIL ACTION- LAW Rule 1312-1. The Petition for Appointments of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGE OF SAID COURT: Kathrvn L. Wix , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 6,010.90 The counterclaim of the defendant in the action is none The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: John M. Glace, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, ("~..~~ ~' Esq., and Respectfully submitted, ORDER OF THE COURT ,20~ c/ , in consideration of the ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. P.J. 0 VINV^'I,k~NN~d Plahatiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. t~ ,¢'- ,~ Civil Action - Law. Oath We do solemnly swear (or affm'n) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. S~ture n.m.~ Name Law Firr~ ~a ':gl9--. 3~'''--u; Z' city, ~/, z~p City, zip ~t/0 / 0% Award We, the undersigned arbitrators, having been duly appohnted and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Name Law Firm Address Date of Hearing: Id- Date of Award: /',Z - · Arbitrator, dissents. (Insert name if applicable.) Notice of Entry of Award Now, thc / 94<day of ~ ,20_O_~, at 3:/3 , ~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: ~/~~Pro tho no tary ,..~B