Loading...
HomeMy WebLinkAbout12-6181COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND B&E AUTOMOTI NOTICE OF APPEAL i~iL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. B&E AUTOMOTIVE MDJ09305 ~ MARK W MARTIN ADDRESS OF APPELLANT CITY s u i t ur wut 200N WALNUT ST MECHANICSBURG PA 17055 DATE OF JUDGMENT IN THE CASE DF (Plaints (crerenaanrt 09 05 2012 THOMAS RAINEY ,~ B8~E AUTOMOTIVE a (~, M J 09305CV00001452012 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. COMMON PLEAS No. /;1- was Claimanf (see Pa. f~C.P.D.J.- No. 1001(6) in before a Magisterial District Judge, A COMPLAINT MUST BE FILED within fwenfy (20) days after filing the NOTICE of APPEAL. Signature of Pr~honotary or Deputy 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.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon THOMAS RAINEY Name of appellees) (Common Pleas No. ~ 6 (~ r Ct L/G )within twenty (20) days appellee(s), to file a complaint in this appeal of rule or sl~ffer/Isntry of judgment of non pros. of appellant or attorney or agent RULE: To THOMAS RAINEY Name of appellees) appellees) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this Hale if servi date of the mailing Date: 02 12 •,. ~,iR„ ~ 0 ~~ ~~ Signature of Prothonotary or Deputy £- lao~ e YOU MUST INCLUDE A COPY OF`~ + IIti~ENTRRANSCRIPT FORM WITH THt5 NOTICE OF APPEAL. ~Pm~ ~ / 03. s-~ p ~ AOPC 312-05 C.. 8S h NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil C88@ Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Donald Franklin Howell Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 B & E Automotive 200 North Walnut Street Mechanicsburg, PA 17055 Disposition Summary MJ-09305-CV-0000145-2012 Judgment Summary f~rj(~inant B & E Automotive Thomas Rainey ~10~ Thomas Rainey B & E Automotive Joint/Sevaral Liability Individual Liability $0.00 $3,569.72 $0.00 $0.00 Thomas Rainey v. B & E Automotive Docket No: MJ-09305-CV-0000145-2012 Case Filed: 7/20/2012 Disposition Disposition ila~ Judgment for Plaintiff 09/05/2012 9Q14ldIIt $3,569.72 $0.00 Judgment Detail ("Post Judgment) In the matter of Thomas Rainey vs. B & E Automotive on 9/05/2012 the judgment was awarded as follows: Judsuner-t Component JointJSeveral Liability individual Liai~ity Deposit Apptisd ~yj Civil Judgment $0.00 $3,454.72 $3,454.72 Filing Fees $0.00 $115.00 $115.00 Grand Total: :3,569.72 ANY PARTY HAS THE RKRiT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY ~ JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTAI~YICLERIC OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/l'RAi~SCi~T FQt~IF WITH YOUR NOTICE OF APPEAL. EXCEPT AS OT t~tOVtDED iN THE RULES ~ CIVIL PROGEDURE FOR MAGISTERIAL DISTR~T JUI)fiES, IF THE JUDGMENT HOLDER ELECTS TO f3NTER THE JUDGMENT IN THE COURT OF CORN PLEAS, ALL FU#tTHER PR!f1C~3S MUST COME FROM THE COURT OF COMMON PLEA$ AND NO FURTHER PROCESS MAY BE 1S$UED 8Y THE MAGISTERIAL DISTR~t JUDt3f. UNLESS THE JIDEiMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST fOR ENTRY OF SATISFACTION MATH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLE5, OR OTHERWISE COMPLIES WITH THE JUDGMENT. .~+~ Date Magisterial Distnct Judge Donald Franklm Howell K°+~ ce a is is a e an corre copy o t e recor o e pro mgs con ammg a lu gmen . Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 10/01!2012 1:19:29PM Thomas Rainey B & E Automotive Docket No.: MJ-09305-CV-0000145-2012 Participant List Plai-rtiff{s) Thomas Rainey 604 North 28th Street Harrisburg, PA 17108 Defendant(s) B & E Automotive 200 North Walnut Street Mechanicsburg, PA 17055 MDJS 315 Page 2 of 2 Printed: 10101/2012 1:19:29PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS RAINEY, . Plaintiff No. 12-CV-6181 v. . B&E AUTOMOTIVE, 200 WALNUT . STREET, MECHANICSBURG, . PENNSYLVANIA, . Defendant 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 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 'T'ELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INOFMATION 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 AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa, 17013 (717) 249-3166 PLAINTIFF'S COMPLAINT PARTIES AND VENUE 1. Plaintiff is Thomas Rainey, an adult individual who resides at 604 North 28th Street, Harrisburg, Pennsylvania 17109. 2. Defendant is B&E Automotive, an entity that is located at 200 North Walnut Street, Mechanicsburg Pennsylvania, 17055, and is in the business of performing mechanical work on vehicles in the ordinary course of business. 3. Venue is vested in Cumberland County, Pennsylvania, because Defendant is located in Cumberland County and the parties contracted for work to be done on Plaintiff's vehicle in Cumberland County. STATEMENT OF OPERATIVE FACTS 4. On October 7, 2010, Plaintiff paid Defendant $3,464.72 for work which Defendant did on Plaintiffs 1997 Jaguar relative to the transmission. See Exhibit A attached hereto. 5. As reflected in Exhibit A, the Plaintiff gave a written warranty for the work provided on Plaintiffls vehicle, which was to cover 12 months or 12,000 miles. See Exhibit A. 6. Defendant claimed that the drum on Plaintiff s vehicle was replaced because it was cracked. 7. Defendant claimed that Defendant installed a new drum and new metal friction plates, along with new seals and gaskets. See Exhibit A. 2 8. After Plaintiff picked up his vehicle from Defendant's business, Plaintiff noticed that his vehicle was not properly working and that the car would jerk when he shifted the gear from park to drive. 9. In response to Plaintiff s questioning about the difficulty he was having with his repaired vehicle the Defendant advised Plaintiff that he should drive the vehicle for several days to see if the problem would solve itself. 10. Plaintiff took Defendant's advice in this respect, but the problem did not disappear and Plaintiff s repeated attempts to contact Defendant to tell him about the ongoing problems were met with an inability to contact Defendant. 11. After repeated phone calls to the Defendant in an attempt to reach Defendant concerning - the ongoing problems with h:is vehicle Plaintiff continued to drive the car for a few months. 12. In June of 2011, the transmission failed again and Plaintiff took his vehicle to another mechanic who told Plaintiff that the transmission was bad. 13. Plaintiff contacted Defendant: about this and Defendant stated that he would have Plaintiff s car towed to Defendant's place of business to have repairs done. 14. Despite waiting over a week :for Defendant to pick up the vehicle to be towed to Defendant's place of business, Defendant failed to pick up the vehicle despite his promises to do so. 15. Plaintiff then had the vehicle fixed by Joe's Automotive Service located at 2712 Pennbrook Avenue, Harrisburg, Pennsylvania 17103. 16. Joe's Automotive informed Plaintiff that despite Defendant's claims to the contrary, that the Defendant welded the drum instead of replacing it. 3 17. Eric Struse, an employee at :foe's Automotive Service, provided a written. statement stating that contrary to Defendant's claim, the Defendant did not replace the transmission as indicated which Plaintiff had paid Defendant for. See Ex. B, attached hereto. 18. Plaintiff paid Joe's Automotive service $2,092.84 to have his transmission fixed. See Ex. C, attached hereto. 19. Plaintiff filed suit against the Defendant in the Magisterial. District Judge Court #09305 and received a judgment in the amount of $3,589.72. See Exhibit D attached hereto. COUNT I -BREACH OF CONTRACT 20. Paragraphs one through nineteen are incorporated as if set out fully herein. 21. Defendant contracted with Plaintiff to fix Plaintiff s vehicle in return for a sum certain to be paid by Plaintiff for such repairs. 22. Plaintiff kept his part of the promise and paid in full the amount Defendant charged for the repair of Plaintiff s vehicle. 23. Defendant did not keep its promise to fully repair Plaintiff s vehicle. 24. Plaintiff contacted Defendant in order to allow Plaintiff to fix his vehicle after he had already paid for the repairs Defendant allegedly made on the vehicle. 25. Despite giving the Defendant the opportunity to actually fix the problems Plaintiff still had with his vehicle after Plaintiff had paid for the repairs allegedly made by the Defendant, Defendant refused to take reasonable steps to take care of the problems that Pl;~intiff still had with his vehicle. 26. Defendant knowingly breached the contract between the parties for the repair of Plaintiff s vehicle. 4 WHEREFORE, Plaintiff requests this Court to enter judgment in his favor in the amount of $3,464.72 plus costs and along with all other compensatory damages as appropriately found by the Court. COUNT lI -BREACH OF EXPRESSED AND IMPLIED WARRANTIES 27. Paragraphs one through twenty-seven are incorporated as if set out fully herein. 28. Defendant expressly warranted that the repairs allegedly done on Plaintiff's vehicle were good and serviceable for the purposes of driving the car at least 12 months or 12,000 miles. 29. Defendant did not adequatel}~ and reasonably perform the services promised relative to fixing the transmission on Plaintiff s vehicle. 30. Defendant's knowing breach of warranty caused Plaintiff to suffer monetary damages in the amount of excess of $4,000.00. 31. Defendant implied warranty that the alleged repairs done on Plaintiff s vehicle were necessary for the proper use of the vehicle and that the work done was done in a reasonable and professional manner. WHEREFORE, Plaintiff respectfully requests this honorable court to enter judgment in favor of Plaintiff and against Defendant in the amount of $5,000.00 plus costs, interest and fees, and other damages as deemed appropriate by the Court. COUNT III -FRAUD 32. Paragraphs one through thirty one are incorporated as if set forth herein. 33. Defendant represented to Plaintiff that he replaced his transmission as part of the repairs done on Plaintiff s vehicle. 34. Defendant knowingly lied about repairs done on the vehicle in that the transmission was not fixed or replaced as Defendant indicated, the old drum on the transmission was just welded together. 35. Defendant intentionally and materially misrepresented and fraudulently made statements concerning the work that was allegedly done in order to make Plaintiff believe that his vehicle was fully fixed and operable -when in fact it was not. 36. The material and fraudulent misrepresentations made by the Defendant were made in order for Plaintiff to detrimentally rely thereon and have Plaintiff pay Defendant costs in excess the fair value of the actual repairs the Defendant did on Plaintiff s vehicle. 37. Defendant's fraudulent conduct in this respect was outrageous and substantiates a claim far punitive damages. WHEREFORE, Plaintiff respectfully requests this honorable court to enter judgment in favor of Plaintiff and against Defendant for punitive damages in excess of $50,000, plus costs, fees and other such damages as ire Court ----> > , 04 N. 28`t' Street Harrisburg, PA 1 is just and equitable. 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS RAINEY, Plaintiff No. 12-CV-6181 v. B&E AUTOMOTIVE, 200 WALNUT STREET, MECHANICSBURG, PENNSYLVANIA, Defendant AFFIDAVIT I, Thomas Rainey, hereby swear that I am the Plaintiff in the within action and that I have read the foregoing Complaint and that the allegations contained therein are true and correct to the best of my knowledge, information and belief. I understand that statements of fact made herein are made subject to the penalties of perjury. `" `~P I~ Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS RAINEY, Plaintiff No. 12-CV-6181 v. B&E AUTOMOTIVE, 200 WALNUT STREET', MECHANICSBURG, PENNSYLVANIA, Defendant PLAINTIFF' S EXHIBIT A B ~ E Automative Servi>;e Center Invoice 200 N Walnut St 1188 l t Mechanicsburg, PA 17055 ~ _ . __ _ __ _ Estimate Ref #0 Shop Phoge: (717) 766-3556 Date Printed: 10/07/,'. ~ i Fax: (717) 766-3535 Printed Time: 4:05 p~- Email: beautc~motive@verizon.net Hat/Ret Time Promised: RAINEY, THOMAS P 1997 JAGUAR XK8 V8 4.OL 3996CC 244CID Ft GAS N 7 AJV8 604 N 28TH ST VIN: SAJGX2748VC016257 Harrisburg, PA 17109 License: GZW6284 Mileage In: 92,394 Date Written: 09f21/2010 Home: Work: unit#: Mileage Out: 92,394 Written By: Steve Enriquez: Cell: (717) 421-5296 ooM: Save Old Parts: No lJob Name Description Technician Qty List Extended Job #1 TRANSMISSION FELL OUT Joe Stemple - - Labor r1 Work Requested -TRANSMISSION NEEDS 15.00 70.00 1,050.00 OVERHAULED CHECK AND ADVISE Wert: I'rfor.•; ~d - C. iECK C`.' .r r-;^. Cr 7oq',SA91SSI0{: SIB^!r(>=r• n; 1,v,I,rk,1nRAGKFr}P,ND W!l l. NF..ED RE PL.ACLNG INSTA! LED NEi'W DRUM AND NEW METAL FRI y . CTION PLATES WITH NEW SEALS /iND GASKETS . . Part J CG i%u TRANSW1iSSION ~.GOL[n ._+1<~ 1.00 - 36:1.45 ^&,ri.45 Part PTRFL100 TRANSMISSION FLUID ~ 10.00 17.55 175 50 Part D TC100 .REBUILT TORQUE CONVEFl'ER 1.00 483.75 . 483.75 Part R OH100 TRANSMISSION OVERHAUL IfCIT 1.00 596.25 596.25 Part R-AD100 A-DRLIM t { I 1.00 432.00 432.00 Job Total: 3,102.95 Job #2 t TRANSMISSION COOLER L~I~S Joe Stemple BROKEN Labor r1 Work Requested - TRANSA/?3S10N COOLER LINES 1.50 70.00 105.00 BROKEN Work Perforrned -INSTALL TRANSMISSION COOLER LINES Part EX100 EXHAUST STUDS 4.00 6.85 27 40 Job Total: 132.40 Thank you for allowing us to be your provider of automotive repairs. VVe strive to deliver the highest quality of workmanship at a reasonable price. We value "you as a customer and place a tremendous emphasis on customer satisfaction. If you ever have any issue or questions please feet free to ask us so we may address your concerns. _ _ ` Parts: $2,080.35 Payment Date Type Method Amount Labor: $1,155.00 10/712010 Credit Visa 3,464.72 Sublet: $p,00 Payment Totals: $3,464.72 Misc: $0.00 Hazmat: $3.00 Supplies: $30.25 ~~/ r ~~~G~~j ~ /~1d.4 ~~~ /~~S' Tax: $196.12 Invoice Total: $3 464 72 JJJ , . Less Paid: 3,464.72 _~ _~ Balance Due: 50.00 I hereby authorize tfie above repair wor k to be done along with the nece ary material and hereby grant you and/or your employees permission to operate the :ar or truck herein described on streets, highways or elsewhere for the pu acknowledged on above car or trudr to secure the amount of repairs thereto. rpose of testing and/or inspection. An express mechanic's lien is hereby ,,...~----, .,.. - Time ~ -~r ~ ~yO- ry ..}} ~O O n M ~ ~ N ~ O~ 0~1 0 1 O O b N~ O O " Ltl ti 0 A ~.I'1 O W 1-- .~i O [A Vf O W Rte. O l O V W ~av `~ Q.. 00 c~ S ~ ~ Itn " ~. lt.) O~ .~' O ~ 0 0 ~ ~j Jj ~S Q O _ O ~~ g i Z ~ ~ O ~ ~ .. ~ }x~ 0 ~ ~ ~ _ . -. 2. W C!) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS RAINEY, Plaintiff No. 12-C V-6181 v. . B&E AtiTOMOTIVE, 200 WALNUT STREET, MECHANICSBURG, PENNSYLVANIA, Defendant PLAINTIFF' S EXHIBIT B Joe's Automofive service Rear 2712 Penbrook Ave Hbg., PA 17103 233-1551 I, Eric Strouse, removed the trans~nsssion from Tom Rainey`s 19971aguar XKB. After sending the transmission out to be rebuilt, the rebuilder called me to tell me what he found. He said the previous rebuilder welded the main forward drum assembly, instead of replacing it. Internal transmission components were not designed to be repaired, only replaced. Had the previous rebuilder replaced the drum assembly, the transmission most likely would have lasted a lot longer. !f there are any questions or concerns, please call me at Joe's Automotive Service, 717-233-1551. Thank you. Sincerely, ~~ ~~~~~~ Eric Strouse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS RAINEY, Plaintiff No. 12-CV-6181 v. B&E AUTOMOTIVE, 200 WALNUT STREET, MECHANICSBURG, PENNSYLVANIA, Defendant PLAINTIFF' S EXHIBIT C JOE'S AUTOMOTIVE SERVICE 271'1 PENBROOK AVE HARRISBURG, PA 17103 717-233-1551 Customer: Tom Rainey Service Writer: Eric Address: Service Tech: Sohn City, State: Day Phone: VID: Night Phone: Mileage: Fax: Estimate Ref: 4514 Date: July 03, 2012 Time: 03:37 PM Vehicle: 1997 3aguar XK-S Convertible (X100) V8-4.OL (AJ26) Description Part #/Labor Rate Qty Price/Time Deposit 1 1000.00 Total Deposit: $2000 Labor Total Parts Total Non-Taxable Total Sub-Total Total Extended 1000.00 0.00 0.00 1000.00 1000.00 $ 1000.00 Signature Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS RAINEY, Plaintiff No. 12-CV-6181 v. . B&E AUTOMOTIVE, 200 WALNUT STREET', MECHANICSBURG, PENNSYLVANIA, . Defendant PLAINTIFF' S EXHIBIT D JOE'S AUTOMOTIVE SERVICE 2712 PENBROOK AVE HARRISBURG, PA 17103 717-233-1551 Customer: Tom Rainey Service Writer: Eric Address: Service Tech: John City, State: Day Phone: VID: Night Phone: Mileage: 98385 Fax; Estimate Ref: 4514 Date: July 11, 2012 Time: 06:35 PM Vehicle: 1997 Jaguar XK-8 Convertible (X100) V8-4.OL (AJ26) Description Automatic Transmission Transmission Assembly- SHP24* Torque Converter- NTF4415ABF. Transmission Fluid- Esso ATF LT 71141 Labor remove and replace transmission assembly, flush transmission cooler, reassemble, refill ttuid, and check operation. *Transmission Assembly contains 3 Year/ 36,000 Mile Warranty* Deposit Part #fLabor Rate Qty PricefI'ime Eztended 1 1850.00 1850.00 1 250.00 250.00 11 23.07 253.77 9.4 60.00 564.00 1 -2000.00 -2000.00 Labor Total 564.00 Parts Total 2353.77 Sub-Total 917.77 Labor Taz 6,0% 33.84 Parts Tax 6,0% 141.23 Taz Total 175.07 Total $ 1092.84 Signature Date SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~rtv G1 ~'u+frtrr~„~~~~ 0 8J, »?FF .E ~ ~ Fre ~RI~ :.~' ~ ~~ ''~OTHI'7~'i~ ~{~~~"d 20l2l~QY ! 3 PM 2~ 32 CUMB~FtLAND COUNT?, PENNSYl.VANlA Thomas Rainey Case Number vs. B & E Automotive 2012-6181 SHERIFF'S RETURN OF SERVICE 11/01/2012 10:18 AM -Deputy Robert Bitner, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be STE VE ENRITUES, Manager, who accepted as "Adult Person in Charge" for B & E Automotive at 200 N. Walnut Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. SHERIFF COST: $38.45 November 05, 2012 RO ERT BITNER, DEPUTY SO ANSWERS, RON ~ R ANDERSON, SHERIFF " ^,GU^V.°,udE; SI':efiY. TEI30Snl. C.