HomeMy WebLinkAbout04-6471COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
1
6? rte h r- f (-1 ei ot-
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 0 q -/J V71
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.
NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. .
ADDRESS OF APPELLANT CITY STATE ZIP CODE
;ar c'?c'r- f? L?/I? /
l1Gt11<,. L-1. tr' F? /76-50
DATE OF JUDGMENT IN THEXSE OF (Plaintiff) (Defendant)'
DOCKET No. SIGNATURE OF AP PELLANT AR ATTORNEY OR AGENT C/ r-v ro %e r
CV - 6000 i 2-3 -O L4
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary 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 District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Name of appellee(s)
(Common Pleas No.
appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To
Name of appellee(s)
, appellee(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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the-appellee, (name) or
20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of afftant
Signature of official before whom affidavit was made
Title of official
My commission expires on 20
AOPC 312A - 02
6V ?y71
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF. CUMBERLAND
Mag. Dist. No
09-3-04
o,i Name Hon
THOMAS A. PLACEY
Addess 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
Telephone (717) 761-8230 17050
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
7CARDILLO, CONSTANCE I
3508 BEVERLY LANE
MECHANICSBURG, PA 17050
L
VS.
I
DEFENDANT: NAME and ADDRESS
FGARY LAWRENCE/LAWRENCE CHEVROLET
6445 CARLISLE PIKE
MECHANICSBURG, PA 17050
CONSTANCE I. CARDILLO
3508 BEVERLY LANE
MECHANICSBURG, PA 17050
THIS IS TO NOTIFY YOU THAT:
Judgment:
L
Docket No.: CV-0000423-04
Date Filed: 7/23/04
FOR nFFR nANT
a?
7 Judgment was entered for: (Name) rZARV T.AWRFN('F/T,AWRFN('F. C'FTRWOT.F.T
7 Judgment was entered against: (Name) r`ARnTT.T.O, r_ONGTANr"_F. T
in the amount of $ -(In on: (Date of Judgment) 1 2/1 0/04
Defendants are jointly and severally liable. (Date & Time)
? Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
Amount of Judgment Subject to
? Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Id j CI L)A" Date District Justice 1 .1 I certify that this is a true a corrPrt ropy ul Elie ecora OT Trie p. containing the judgment.
121 ? 0 ? ???? Date ,District Justice
My commission expires first Monday of January, 2010 . SEAL
J
AOPC 315-03 DATE PRINTED: 12/10/04 11:11:28 AM
Q??
`?,? ? ??I
? ??s??
Rec
. ,,.1,
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. `COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
m e r^ / 0 rid, DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. o y • Zj V 71
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.
NAME OF APPELLANT
Co rt s to ?t e.G. A
' 1 /0
l MAG. DIST. NO.
oq - -3- o Ll NAME OF D.J.
% h o m as A• PlQG c-V
ADDRESS OF APPELLANT CITY
35D$ 8e?er/? lohe_ n?t°G Q IC 6Ur STATE ZIP CODE
Pig /7050
DATE OF JUDGMENT
1 ;2./l0 101-I IN THE SE OF (Plaintiff) (Defendant)'
I h
l
P
DOCKET No. SIGNATURE OF APPELL ANT R ATTORNEY OR AGENT cL ttv(„O
CV- 000044;L3 -o L4
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
If appellant was Claimant (see Pa. R.C.P.D.J. No. 11
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after Ming the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
T 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 District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Name of appellee(s)
(Common Pleas No.
appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To
Name of appellee(8)
, appellee(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 MAY BE ENTERED AGAINST YOU. '
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
wynamre or rrornonorary or uepury
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
C _w
c?
- 7
'-)
C ?
fi) := C-a 77
Q
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of then, ;e of appoal, C1 _ licable boxes,',
COUNTY WEAL7?(?F PENNSYLVANIA
I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas No. ?" ?. capon the District Justice designated therein on
sender's receipt attached hereto. and upon the appei6ee, (nafne} cl?
(SWORN) (AFFIRME UB RIBED BEFOR ME
THIS -2
Signature of official befo w om Idaw wee made
TH PLAM
[ strict Juslim
Title of°x°`104 S. Sporting H11 Road
U.S. Postal Servicei,
CERTIFIED MAIL. RECEIPT
(Domestic Er I
Coverage Provided) U P t.
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M
?
r%- Postage $ (
M Certified Fee
CI
CI
CI Retum Redept Fee
(Endorsement Required)
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Q Restricted Delivery Fee
.0 (Endorsement Required)
Total osffige 8 Fees
$
° Sent
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- ------ --------------.
f? Street ApL No.,
City, State, ZIP+4 / "
1 ? r /
(dafe of service} 20,3 L! . by ?a1 service by {cerii(iec#) (registered) ???a?i,
20 ? ?.'? by personal service ? by (certified) (registered) maii;
sender's receipt attached hereto.
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La Lo or PO Box No.
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Srgnats?re ref att='arrz
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Constance I. Cardillo,
Plaintiff CIVIL ACTION
NO. 04-6471
V.
Gary Lawrence/Lawrence Chevrolet,
Defendant
COMPLAINT
1. The Plaintiff is:
Constance I. Cardillo
3508 Beverly Lane
Mechanicsburg, PA 17050
2. The Defendant is:
Gary Lawrence, Owner
Lawrence Chevrolet
6445 Carlisle Pike
Mechanicsburg, PA 17050
3. On Wednesday, January 28, 2004, Plaintiff's 1987 Chevrolet Nova (Nova)
stalled and, when restarted, continued to stall.
4. Plaintiff had her Nova towed to the Defendant's service department for
diagnosis and repair.
5. Defendant's service department agreed to perfonn an accurate diagnosis of
the stalling problem in exchange for payment.
6. On 1/29/04, although there was oil on everything under the hood,
Defendant's service department erroneously and negligently told Plaintiff
the stalling problem was caused by fouled spark plugs and wires; however,
the fouled spark plugs and wires were caused by the oil that was on
everything under the hood. In other words, it was the oil that was on
everything under the hood that fouled the spark plugs and wires-the fouled
spark plugs and wires did not cause oil to be on everything under the hood.
7. A broken fuel pump caused oil to be on everything under the hood.
8. The broken fuel pump caused fuel to be pumped into the inner core of the
motor, filling it beyond its capacity to hold oil, resulting in oil mixed with
fuel being spurted onto everything under the hood.
9. Relying on Defendant's service department's erroneous and negligent
diagnosis, Plaintiff contracted with Defendant's service department for
replacement of the spark plugs and wires in exchange for payment.
10. Plaintiff paid Defendant's service department $250.54 for this work (see
attached invoice), but Plaintiff received no benefit whatsoever in return for
her $250.54, because Defendant's service department ruined the very spark
plugs and wires that Defendant's service department had replaced when it
started Plaintiff's Nova without replacing the broken fuel pump.
11. After replacing the spark plugs and wires, Defendant's service department
told Plaintiff her Nova still did not run properly and needed further
diagnosis.
12. Defendant's service department again agreed to perform an accurate
diagnosis of the stalling problem for payment.
13. Based on the continuing fact that oil was on everything under the hood of
Plaintiff's Nova, as had been the case when Defendant's service department
erroneously and negligently diagnosed a fouled spark plug and wire
problem, Defendant's service department now gave Plaintiff a second,
different erroneous and negligent diagnosis.
14. Defendant's service department's second erroneous and negligent diagnosis,
based on the same symptoms of stalling, fouled spark plugs and wires, and
oil on everything under the hood, was that the inner core of the motor was
malfunctioning.
15. Plaintiff had replaced the inner core of the motor just one year earlier (see
attached invoice).
16. Plaintiff asked if there were a way to diagnose which part of the inner core
of the motor was malfunctioning.
17. Defendant's service manager, Wayne, erroneously and negligently told
Plaintiff that diagnosing which part of the inner core of the motor was
allegedly malfunctioning would cost as much as replacing the inner core of
the motor, and he did not even suggest a simple test of the fuel pump.
18. Relying on this second erroneous and negligent diagnosis, Plaintiff
contracted with the Defendant's service department for replacement of the
inner core of the motor for payment.
19. Defendant's service department gave Plaintiff a computer generated second
erroneous and negligent diagnosis (see attached Job #4 from service
department) that said the inner core of the motor was malfunctioning, but
provided no details.
20. Another attached, hand written, diagnosis by Defendant's service
department, which Plaintiff secured later, showed that the motor's
compression tested ok.
21. Plaintiff asked Defendant's service department to provide her with a car to
use while the work was being done. Defendant's service department told
Plaintiff no loaner car was available, so she rented a car.
22. Defendant's service department told Plaintiff that they could not find a
replacement inner core of the motor for the Nova.
23. After a week of spending considerable time making phone calls and visiting
used auto parts dealers, Plaintiff found a local company, the Truck & Motor
Company (hereafter T & M), that could obtain a rebuilt inner core of the
motor that Defendant's service department erroneously and negligently said
her Nova needed.
24. Plaintiff bought a rebuilt inner core of the motor from T & M for $1,515 (see
attached invoice).
25. The rebuilt inner core of the motor arrived about two weeks after Plaintiff
ordered it.
26. Plaintiff, again, askedbefendant's service department for a loaner and she
was, again, told none was available.
27. Plaintiff, knowing she would need to continue to rent a car, coupled with the
price for labor that Defendant's service department quoted over the phone to
replace the motor ($1,600), decided to have T & M replace the inner core of
the motor at a price for labor of $500. Defendant's service department did
not provide Plaintiff with a written quote.
28. Plaintiff had her Nova towed to T & M.
29. As T & M progressed through the tedious work of replacing the inner core
of the motor, T & M discovered that the inner core of the motor that the
Defendant's service department erroneously and negligently diagnosed as
malfunctioning, was in good working order.
30. Attached invoice from T & M shows that the inner core of the motor in
Plaintiff's Nova that Defendant's service department erroneously and
negligently diagnosed as malfunctioning tested ok.
31. Plaintiff was told by Shane Sansone of T & M that the problem was a broken
fuel pump, which costs $50 and can be replaced within a day. Mr. Sansome
explained to Plaintiff that the broken fuel pump caused an insufficient
amount of gas to be pumped into the carburetor, which caused the stalling.
Mr. Sansone further explained that the broken fuel pump also caused fuel to
be pumped into the inner core of the motor, filling it up beyond its oil
holding capacity and causing it to spurt oil, contaminated with fuel, onto
everything under the hood of Plaintiff's Nova.
32. Plaintiff talked with Mr. Sansone about sending the rebuilt core back for a
refund.
33. Mr. Sansone told Plaintiff that, at this point, the cost of putting the original
inner core of the motor back into her Nova would cost just as much in labor
as completing the job. He also said that he did not think the company would
give Plaintiff a refund.
34. T & M completed replacement of the rebuilt core, the broken fuel pump and
the fouled spark plugs and wires on April 2, 2004.
35. Because Defendant's service department ruined the very spark plugs and
wires that it had replaced when Defendant's service department started
Plaintiff's Nova without replacing the broken fuel pump, Plaintiff had to
replace them again in connection with T & M's replacement of the broken
fuel pump.
36. Below is a list of expenses that Plaintiff asks this court to order Defendant to
reimburse her due to its erroneous diagnoses and unnecessary parts and
labor, totaling $3,656.13:
Spark plugs and wires - $250.54
Motor - $1,515
Motor installation - $450
Car rental - $1,440.59
Wherefore, this Court should order Defendant to pay Plaintiff $3,656.13 to
compensate her for the cost she incurred as a direct result of Defendant's service
department's two erroneous and negligent diagnoses and unnecessary parts and
labor.
WE GUARANTEE OUR SERVICE WORK FOR 90
DAYS OR 4,000 MILES WHICHEVER COMES
FIRST. IF OUR REPAIR OR REPLACEMENT FAILS
IN NORMAL SERVICE WITHIN THAT PERIOD,
WO Fie IT, FREE OF CHARGE. PARTS AND
LABCF. IF USED PARTS ARE INSTALLED NO LABOR IS INCLUDED AND THE TERMS FOR PART
REPLACEMENT ARE THOSE OF THE SUPPLIER.
BRA KE DEPTH REMAINING TIRE TREAD REMAINING
?C?OLE?
B LF R LF qF
R /32 /32 /3E m
6445 CARLISLE PIKE P.O. BOX 7350 B R R RR
Ph011@°766-0284-
R
' MECHANICSBURG PA 17050
NO.
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7.1..E VI N CARD NO.
?lA hiE 162 INVOICEryDATE
0::/`2:1/04 INVOICE NO.
uVCS267:3213
CONN11 CARDILLG LABOR RATE
/11.00 " LICENSE NO. LEAGE IN
MI 1.^:•/o00 OR
LT AY'/ STOCK NO.
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F?7/?41?cVRULL1/NOVA DELIVERY DATE CELIVERY MILES
D.
6 JLFFRL (
1 11 Ii 1 X Z 7 4.. e SELLING DEALER NO. PRODUCTION DATE
MECHA
ICSBURG. PA
17055
N F.T.E. NO. P.O. NC. R.O. DATE
01:28/04
RLPR'(NT# 1
p
ryry
-/yy1 b? b480 @
/A1/ P'l 7'?746 MILEAGE OUT
JUD# I CIIARGLS _ .__
:LABOR --
J# 1 0.`jCVZ DRIVEADIL.ITY 1ELH(5):164 :13.60
CUSTOMER STATES / CAR WAS IIARD T0,STAR'T.JUST CRANKS.STA RFIED
WMILL DRIVING CAR SHUT OFI J1111 S'IAFCT.RAN SF1UT 011 .
SPARY. PLWOS DAD
REPLACE SPARI; PLUGS
r
,PARTS__..._-01Y - F-P-NUMBER__ _ ............._IILSCRIk1IUN._..._._.. _........_._. .__--UNIT PR1CL-
4 -_ 96tJ572 SPAW 0_Gl ;- v -^ -2.02, 11.215
TOTAL. - PARTS 11.x..'1
DODO 1 IUTALS
LABOR 113.60
PARTS
JOI* I JOURNAL. PREF IX CVCS JUB# I 1 U1 AL 1 ^.4 XO
.JUU# 2 CHARGE .. .-.,. _ _ . ._. ..._... - .... ._ . _ ;.. ..,.._ _-..... _.
.Lawrence
WE GUARANTEE OUR SERVICE WORK FOR 90
DAYS OR 4,000 MILES WHICHEVER COMES
FIRST. IF OUR REPAIR OR REPLACEMENT FAILS
IN NORMAL SERVICE WITHIN THAT PERIOD,
WE'LL FIX IT FREE OF CHARGE. PARTS AND
LABOR. IF USED PARTS ARE INSTALLED NO
LABOR IS INCLUDED AND THE TERMS FOR PART
REPLACEMENT ARE THOSE OF THE SUPPLIER.
¦! BRAKE DEPi H REMAINING T IRE TREAD REMAINING
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6445 CARLISLE PIKE P.O. BOX 7350 Pfi0?16
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JOB# 1 CHARGES __________________-___.___-______-__.___________-____-___
LABOR____-s___.-_______.____-__.________._..______________________-.-__-__.___
Jp 1 05CVZ DRIVEABILITY TECH(S)c169
CUSTOMER STATES / CAR WAS HARD I'0 START JUST CRANKS,STARTED
WNILE DRIVING CAR SHUT QF'F',DID START,RAA SHUT OFF,
SPARK PLUGS BAD
REPLACESPARK PLUGS
i
PARTS ------ OTY---FP-HUMBER--------------- DESCRIPTION--------------------- UNI1 PRICE-
4 5613522 SPARK PLO 2.82
TU1AL - PARTS
JOB# 1 TOTALS-------- ---------------------------------------------------
PARTTS
JOB# I JOURNAL PREFIX CVCS JOB# 1 TOTAL
JOB# 2 CHARGES ------------- Y _ _____.._-_________
LppBOR___________________________________________________________._._--___-________-__
JA 2+0ICVZAIRFILTREP REP AIR FILTER TECH(S)11.69
REMOVE OLD AIR FILTER AND INSTALL NEW AIR FILTER
PARTS------QTY-•--FP-NUMBER---------------DESCRIPTION-------------------UNIT PRICE-
1 25042001 FILTER,AI 14.77
TOTAL - PARTS
JQBp 2 TOTALS --------------------------------------------- -____._______._..___
LABOR
PARTS
JOBX 3 CHARGES ----------------------- JOB# 2 JOURNAL PREFIX CVCS JOB# 2 TOTAL
----------------- -_____________-_____-____.__.
LABOR______________________________________________________________________________
Jp 3+OICVZEIGNWIRtRE INGITION WIRE REPLAC TECH(S):169
REPLACE PLUG WIRES
PARTS ------ OTY---FP-NUMBER--------------- DESCRIPTION -------------------- UNI1 PRICE-
1 12350873 WIRE KIT 36.72
TOTAL - PARTS
JQBp 3 TOTALS --___.,__________________.-____.._-.____--______._-_-___._____--__ I
LABOR
PARTS
OBp 4 CHARGES------------ OBp 3 JOURNAL PREFIX CVCS J1180 3 TOTAL
LABOR ------------------- -____--__-___._-___--_
Jp 4+02CVZ ENGINE MECHANICAL
CAR HAS BAD BLOW BY OF OIL
NEEDS ENGINE
CUSTOMER DECLINED REPAIRS
TECH(S)£169
70------.--------------------
4 JOURNAL PREFIX CVCS JOB$l 4 TOTAL
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See Terms and Conditions on Reverse and Attached Rental Agreement: Ticket Jacket INVOICE
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nc PFNR AF Inr ')n01
INVOICE
MILE m
AGE. OUT
DRIVEN
cauortauwGn?o T.
x
Counter Sale #
675
Estimate Ref #: 0
Date Printed: 02120/2004
3:56:08 pm
Counter Sale
Truck & Motor Company, Inc. Page 1 of 1
835D Pear Street
Lemoyne PA 17043
Phone - (717) 730-9680
Hat/Ref # Promised Time:
Cardillo, Connie 1987 CHEVROLET NOVA L4 1.61-4 Date Written: 02/20/2004
3508 Beverly Lane
Mechanicsburg, PA 17050
VIN:0
Written By:
Billy Ward
License:0 Mileage In: 237,000 Technician: Shane Sansone
Unit #: Mileage Out: 237,000 Save Old Parts: No
Description Qty List Extended
Part -- 274175 recon engine 1.00 1,515.00 1,515.00
900,0f-'3 cure. Gred.4-
u5 pee- cot pculr'c y
Parts $1,515.00
Labor $0.00
Sublet $0.00
Hazmat $0.00
Supplies $0.00
Tax $0.00
Total $1,515.00
Less Amt. Paid $1,515.00
Balance Due $0.00
I hereby authorize the above repair work to be done along with the necessary material and hereby grant you and/or your employees
permission to operate the car or truck herein described on street, highways or elsewhere for the purpose of testing and/or inspection. An
express mechanic's lien is hereby acknowledged on above car or truck to secure the amount of repairs thereto.
Authorized By Date - Time
ASE CERTIFIED TECHNICIAN
Invoice #
717
Estimate Ref #: 0
Date Printed: 04/16/2004
5:36:21 pm
Invoice
Cardillo, Connie
3508 Beverly Lane
Mechanicsburg, PA 17050
Home: (717) 728-5499, Work: (717) 783-5746
Truck & Motor Company, Inc.
835D Pear Street
Lemoyne PA 17043
Phone -- (717) 730-9680
Hat/Ref #
1987 CHEVROLET NOVA L4 1.61- 4
VIN: 0
License:0 Mileage In: 243,367
Unit #: Mileage Out: 243,367
Page 1 of 2
Promised Time:
Date Written: 04/01/2004
Written By: Billy Ward
Technician: Shane Sansone
Save Old Parts: No
Description Qty List Extended
Labor-- Regular customer states to replace engine with supplied recon engine 10.00 45.00 450.00
When draining the oil out of the old engine found that it was contaminated with gas.
continuted to replace the engine due to the fact the car was diagnosed somewhere else and I assumed internal engine damage as
the cause. Upon swaping overall the parts found that the fuel pump was the cause of the oil contamination and the poor way the
engine ran when the car came in due to low fuel pressure. Peformed a cylinder leak down test just to make sure my theory was
correct, found only a 25 to 30% leak down which is acceptable. Notifed the customer and explained the situation I had found.
She told me to replaced the engine since it was not econmical to put the old engine back in the car since it was out and taken
apart. It would be the same amount of labor to put the old engine in or the new engine. I then replaced the bad fuel pump, water
pump, thermostat, sparkplugs, pcv valve, air filter, coolant hose and installed the new engine and ajusted timming. Test drove the
car all ok.
Part --AIRAW9057 airtex water pump 1.00 43.68 43.68
Part -- RBC 7513 spark plug 1.00 1.50 1.50
Part -- STI V247 pcv valve 1.00 7.10 7.10
Part-- W IX 236 air filter 1.00 5.10 5.10
Part -- W IX 154 oil filter 1.00 5.10 5.10
Part -- 5w30 1 qt of 5w30 4.00 1.60 6.40
Part -- STA 13758 thermostat 1.00 7.52 7.52
Part -- STA 25167 thermostat gasket 1.00 0.43 0.43
Part -- AIR 1357 fuel pump 1.00 50.01 50.01
Part -- DAY 71356 coolant hose 1.00 5.11 5.11
Labor -- REGULAR customer states to perform state inspection 0.40 45.00 18.00
I hereby authorize the above repair work to be done along with the necessary material and hereby grant you and/or your employees
permission to operate the car or truck herein described on street, highways or elsewhere for the purpose of testing and/or inspection. An
express mechanic's lien is hereby acknowledged on above car or truck to secure the amount of repairs thereto.
Authorized By Date Time
ASE CERTIFIED TECHNICIAN
Invoice # Truck 8 Motor Company, Inc. Page 2 of 2
717 835D Pear Street
Estimate Ref #: 0 Lemoyne PA 17043
Date Printed: 0411612004 Phone -- (717) 730-9680
5:36:20 pm
Invoice Hat/Ref # Promised Time:
Cardillo, Connie 1987 CHEVROLET NOVA L4 1.61-4 Date Written: 04/01/2004
3508 Beverly Lane
Mechanicsburg, PA 17050
VINO
Written By:
Billy Ward
Home: (717) 728-5499, Work: (717) 783-5746 License:0 Mileage In: 243,367 Technician: Shane Sansone
Unit #: Mileage Out: 243,367 Save Old Parts: No
Description Qty List Extended
performed state inspection
tires 5/32
front brakes 3B
rear brakes 4B
old sticker # AI3 2887778
new sticker # A14 3931204 exp 03-05
Part -- INSPSTICKER inspection sticker 1.00 2.00 2.00
Misc -- customer states to perform emission inspection 1.00 24.85 24.85
performed pa state emission inspection
old sticker # N/A
new sticker # IM4 2574195 exp 03-05
Part -- MCI M.C.I. transaction fee 1.00 4.15 4.15
Part -- RBC 40917 bosh wiper blades 2.00 9.56 19.12
A service finance charge of 2% per month will be added to invoices over 30 days. This amount to an Annual Percentage Rate of
24% per year.
All collection costs of unpaid bills and/or attorney fees are customer's responsibility.
It is also understood that you will be held responsible for loss or damage to cars or articles left in cars in case of fire, theft or any
other cause beyond our control. There will be a service charge of 30.00 dollars for all returned checks.
Parts $157.22
Labor $468.00
Sublet $0.00
Hazmat $0.00
Supplies $0.00
Tax $39.00
Total $689.07
Less Amt. Paid $689.07
Balance Due $0.00
I hereby authorize the above repair work to be done along with the necessary material and hereby grant you and/or your employees
permission to operate the car or truck herein described on street, highways or elsewhere for the purpose of testing and/or inspection. An
express mechanic's lien is hereby acknowledged on above car or truck to secure the amount of repairs thereto.
Authorized By
Date
Time
ASE CERTIFIED TECHNICIAN
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item 41f Restricted Dalkrery is desired. X
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or on the front If space permits.
1. Article Addressed to:
6atvyLawrs?tce,? OWMtr
bawrevt.cc. CLJ-ur-61C-I'
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D. Is delivery address different from Item 1? U Ye:
It YES, enter delivery address below: 0 No
3. Service Type
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0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery? J&fre Fee) 0 vas
2. ArdcWNumber 7004 1160 0003 7263 6794
mar afar hom service lsw
PS Form 3811, August 2001 Domestic Return Recelpt 102595.02-M-1540
UNITED STATES POSTAL SERVICE 's -Clas
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COURT OF COMMON PLEAS
Judicial District, County OffJ
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGP
COMMON PLEAS No. q ° ,
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 Di trict Justice on
the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO NAME OF O.J.
ADDRE58 OF APPELLANT CITY , STATE ZIP CODE
DATE OF JUDGMENT ' IN THEj!SEOF(PlainfLiif) ) 1 -? (Defendant)'
? ?. ACt /' q l-.'v 1'? •' T l ?! vs ? <?rve*.° ^ Nrzf rL..
DOCKET No. SIGNATURE OF APPELLANT R ATTORNEY OR AGENT »V ro1e-' ?LA
CV- tOOQ04!z.3 -0Ll r7
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R. C.P. D.J. No. 1001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE LED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after riling the NOTICE of APPEAL.
Synatva, of Profnonolar, or DBPoty
PRAECIPE TO,ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
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item 4 if Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
M Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Gar x atJ re ?1C'C Owvne r'
(mow e- Chevro
(Pt(uS?Pr?IS?e PfICG
D Agent
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PrintedAame) C. Date of Del
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addres lent trom kem 17 ? Yes
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`f ,,r- r- v? ?1 r C $ 10 UL ? /Certified Mail 0 Express Mail
P n t 7O 50 133 0 Registered 0 Return Receipt
A 0 insured Mail 0 C.O.D.
2. Article Number
(Transfer from serv/ce label)
PS Form 3811, August 2001
4. Restricted Delivery? (Extra Fee)
7001 1940 0004 2607 7284
Domestic Return Receipt
vrKOnla_aA• 1?a• oil-Co?I?? l??Pt?
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vs Case No. 044 -6 y 7 L
GOtI-)Z L_,1A U.)rZf vlcrd?wree)Le (fAfvrolZfI
Statement of Intention to Proceed
To the Court:
l Q intends to proceed with the above captioned matter.
C
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Print Name rah S' f q ?1 CG l ' l+?i ? iQ: ' x, e ( A st,G / C_ Coil/,? ?Ij--
Date: t O ?/ /Z U b Attorney for S r' cc p r r se yk 7 e, d
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
r.?
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Notice y Lawrev\cal
Lr to r? vt C;2 ?,e v rd ?c
Gary Lawrence/Lawrence Chevrolet
6445 Carlisle Pike
Mechanicsburg, PA 17050
You have been sued in court. If you wish to defend against the claims set forth in the
following pages which were sent to you in December of 2004, 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 AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
Official Note
The above notice does not change any of the rules relating to the pleading of objections
and defenses.
This rule applies to all complaints including those where service is by-publication. For
the mandatory content of the publication in such cases see Rule 430(b).
When a defendant is served outside the United States, Rule 1026(b) provides a sixty-day
period for pleading.
(c) Each court shall be local rule designate the officer, organization, agency or person to
be named in the notice from whom information can be obtained.
(d) A court may by local rule require the notice to be repeated in one or more designated
languages other than English.
?O f ??12-6309
? v
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CONSTANCE I. CARDILLO, :IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
Civil Action
vs. No. 04-6471
GARY LAWRENCE/LAWRENCE
CHEVROLET
Defendant
ANSWER TO COMPLAINT WITH NEW MATTER
NOW COME defendants Gary Lawrence and Lawrence Chevrolet, Inc., through their
counsel, Keefer Wood Allen & Rahal, LLP, to submit the within answer with new matter in
response to plaintiff's complaint, averring as follows:
1. Admitted in part and denied in part. It is admitted that plaintiff is Constance I.
Cardillo. After reasonable investigation, defendants lack sufficient knowledge or information to
form a belief as to the truth of the remaining averments of this paragraph, which are, therefore,
denied.
2. Admitted in part and denied in part. It is admitted that the defendants named by
plaintiff are Gary Lawrence and Lawrence Chevrolet, Inc. The averments of this paragraph are
otherwise denied because Gary Lawrence is the President, not the "owner," of Lawrence
Chevrolet, Inc., which is a corporation owned by all its shareholders.
Insofar as Gary Lawrence has been improperly joined in this action without any averment
that would support the piercing of the corporate veil, Mr. Lawrence joins in the answer by
Lawrence Chevrolet, Inc., and generally denies each and every averment of the complaint not
otherwise admitted by Lawrence Chevrolet, Inc., because he lacks personal knowledge regarding
any of plaintiff's averments. (Gary Lawrence and Lawrence Chevrolet, Inc. will hereinafter be
referred to collectively as "defendant" for convenience, without thereby admitting that Gary
Lawrence is properly joined in this action or that he has any personal knowledge whatsoever
regarding the averments of the complaint.)
3. Admitted in part and denied in part. Defendant admits that when plaintiff brought
her vehicle to defendant's service department on or about January 28, 2004, she reported an
engine stalling problem with the vehicle. After reasonable investigation, defendant lacks
sufficient knowledge or information to form a belief as to the truth of the remaining averments of
this paragraph, which are, therefore, denied.
4. Denied as stated. On or about January 28, 2004, plaintiff brought her 1987
Chevrolet Nova to defendant to perform the work described on the invoices attached hereto as
exhibits A and B, incorporated here by reference, and plaintiff agreed to pay for those repairs.
Denied as stated. On or about January 28, 2004, plaintiff brought her 1987
Chevrolet Nova to defendant to perform the work described on the invoices attached hereto as
exhibits A and B, incorporated here by reference, and plaintiff agreed to pay for those repairs.
6. Denied as stated. Defendant's service department accurately reported to plaintiff
that the engine in her 1987 Chevrolet Nova was manifesting severe "blow by" of oil, meaning
that oil was being pushed or drawn into parts of the engine where it did not belong, and
recommended that she consider replacement of the engine, which she declined. By way of
further answer, the cause of "blow by" cannot be accurately determined without disassembling an
-2-
engine. Defendant also avers that the odometer on plaintiff's vehicle showed that the vehicle had
been driven more than 237,000 miles as of the time it was presented for repair.
7. Denied. The engine blow-by was not caused by a bad fuel pump, whether or not
the fuel pump on plaintiff's vehicle was in need of repair or replacement.
8. Denied. The engine blow-by was not caused by a bad fuel pump, whether or not
the fuel pump on plaintiff's vehicle was in need of repair or replacement. By way of further
answer, the cause of "blow by" cannot be accurately determined without disassembling an
engine.
9. Denied as stated. Defendant performed the repairs described on the invoices
attached hereto as exhibits A and B, incorporated here by reference, and plaintiff agreed to pay
for those repairs. Defendant denies that it provided an erroneous and negligent diagnosis.
10. Admitted in part and denied in part. It is admitted that plaintiff paid defendant for
the work described in its invoice. It is denied that plaintiff received no benefit in return for her
payment, because she received exactly what she paid for, and it is further denied that defendant
ruined the spark plugs and wires that it had replaced in plaintiff's vehicle.
11. Admitted.
12. Denied as stated. Defendant agreed to perform the work described on its invoices,
and plaintiff agreed to pay for those repairs.
13. Denied. Defendant denies that it provided an erroneous and negligent diagnosis.
14. Denied. Defendant denies that it provided an erroneous and negligent diagnosis.
-3-
15. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied.
16. Admitted , with clarification. Plaintiff was correctly advised that the cause of
"blow by" in the engine of her vehicle could not be accurately determined without disassembling
the engine.
17. Denied. Defendant denies that it provided erroneous or negligent advice to
plaintiff. Plaintiff was correctly advised that the cause of "blow by" in the engine of her vehicle
could not be accurately determined without disassembling the engine.
18. Denied. Defendant denies that it provided an erroneous and negligent diagnosis.
Defendant further denies it "contracted" with plaintiff for replacement of the inner core of the
engine of her vehicle.
19. Denied, for the reason that the referenced document speaks for itself. Defendant
further denies that it provided an erroneous and negligent diagnosis.
20. Denied, for the reason that the referenced document speaks for itself. By way of
further answer, defendant avers that even if engine compression tests within acceptable levels,
that test does not measure the integrity of oil control rings, valve guide clearance or the valve
seals, which are subject to wear and/or breakage in an engine with very high mileage as on
plaintiff's vehicle.
21. Denied as stated. No "loaner" car was provided because defendant was not
obligated to furnish one to plaintiff.
-4-
22. Admitted, with clarification. Defendant was unable to obtain the item in question
from its regular sources of supply for new and used parts; defendant did not exhaustively search
all potential vendors and did not represent to plaintiff that it would do so.
23. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied.
24. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied.
25. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied.
26. Denied as stated. No "loaner" car was provided because defendant was not
obligated to furnish one to plaintiff.
27. Admitted in part and denied in part. Defendant admits that plaintiff was not
provided a written quote for replacement of the engine in her vehicle. After reasonable
investigation, defendant lacks sufficient knowledge or information to form a belief as to the truth
of the remaining averments of this paragraph, which are, therefore, denied.
28. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied.
-5-
29. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied.
30. Denied, for the reason that the referenced document speaks for itself. Defendant
further denies that it provided an erroneous and negligent diagnosis.
31. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied.
32. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied.
33. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied.
34. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied.
35. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied. By way of further answer, defendant denies that it ruined the spark plugs and
wires it had replaced in plaintiff s vehicle.
-6-
36. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied. By way of further answer, defendant denies that it provided an erroneous and
negligent diagnosis and further denies any liability to plaintiff with respect to any of the matters
alleged in the complaint.
WHEREFORE, defendants Gary Lawrence and Lawrence Chevrolet, Inc. respectfully
request that this Honorable Court dismiss plaintiff s complaint with prejudice and enter judgment
in their favor, together with costs and such other and further relief as the Court deems fair and
just.
NEW MATTER
37. Defendants incorporate by reference the foregoing paragraphs 1 through 36 of
this answer with new matter as if fully set forth at this place.
38. Plaintiffs complaint fails to state any cause of action against either defendant.
39. Plaintiff s complaint fails to state any cause of action against Gary Lawrence, who
is the President of Lawrence Chevrolet, Inc., a corporation owned by all its shareholders, and
who has been improperly joined in this action without any averment that would support the
piercing of the corporate veil so as to permit entry of a judgment against him in his individual
capacity.
40. To the extent plaintiff s complaint purports to state a claim of negligence on the
part of defendants, any such cause of action is barred by the economic loss doctrine.
-7-
41. The service performed by defendant on plaintiff's vehicle was performed
properly.
42. Plaintiff accepted and paid for the work performed by defendant, and is thereby
barred from recovering such sums in this action.
43. Plaintiff is barred from recovery of damages for loss of use, inconvenience, rental
car expense, and any other incidental and consequential damages alleged in the complaint.
44. Plaintiff's claim is barred by acceptance of repairs and replacement parts for the
vehicle.
45. The alleged problems in the subject vehicle, if any, were the result of extensive
wear and tear due to the age and high mileage of the vehicle; abuse; misuse; neglect; or improper
or inadequate maintenance.
46. Plaintiff's claim is within the jurisdictional amount requiring referral to
compulsory arbitration.
47. Plaintiff failed to timely revoke acceptance of repairs to the subject vehicle.
48. Plaintiff failed to give notice in a timely manner of the alleged defective repairs
and/or workmanship that are the basis of her claim.
49. Defendant did not breach any warranty, express or implied, made to plaintiff.
50. All obligations on the part of defendant towards plaintiff were fully and duly
performed.
51. Plaintiff failed to mitigate her damages, if any.
-8-
WHEREFORE, defendants Gary Lawrence and Lawrence Chevrolet, Inc. respectfully
request that this Honorable Court dismiss plaintiff s complaint with prejudice and enter judgment
in their favor, together with costs and such other and further relief as the Court deems fair and
just.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
By:
on ld M. is III
Attorney Id. No. 58510
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
Date: November tT 2008 Attorneys for defendants
-9-
VERIFICATION
The undersigned, James Barbor, hereby verifies and states that:
He is Service Manager of Lawrence Chevrolet, Inc. and he is authorized to verify
the foregoing answer with new matter on its behalf,
2. The facts set forth in the foregoing answer with new matter are true and correct to
the best of his knowledge, information, aiid bei cf; and
4. He is aware that false statements herein are made subject to the penalties for
perjury pursuant to 18 Pa.C.S. § 4904.
Dated: November LL, 2008 L/ 42?
James 'arbor
Lawrence
OLET
6445 CARLISLE PIKE P.O. BOX 7350 Phone 76"284 R
MECHANICSBURG, PA 17050
WE GUARANTEE OUR SERVICE WORK FOR 90
DAYS OR 4,000 MILES WHICHEVER COMES
FIRST. IF OUR REPAIR OR REPLACEMENT FAILS
IN NORMAL SERVICE WITHIN THAT PERIOD,
WE'LL FIX IT FREE OF CHARGE. PARTS AND
LABOR. IF USED PARTS ARE INSTALLED NO
LABOR IS INCLUDED AND THE TERMS FOR PART
REPLACEMENT ARE THOSE OF THE SUPPLIER.
BRAKE DEPTH REMANVING TIRE TREAD REMAINING
Pffi
/32
WAYNE 161" Nu
LABOR RATE LICENSE NO. MILEAGE IN COLOR STOOK NO.
is:llQt iC L AfeU !Li...l.1 7i.00 _
;.'sro0u uI?A'T i
YEAR/MAKE/MODEL DELIVERY DATE DELNERYMILES
6 JLFf RLY RD. 0/iLVIk.VfcOU-1/140VA
• ': :':
: ,.. ` ... ..
ID. SELLING DEALER NO. PRODUCTION DATE
.e?yt
II
i vV
F.T.E. NO. P.O. NO. R.O. DATE
PIEC+lAI\lXSvul'cG, VA 1i051t; Gt;?.i'fU4 tiC:1'C?'b11? 3.
RENDEME PHONE BU9MiESS PHONE MHAAGE OUT
1
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TOTAL I..At;aR,. ,• . .
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J,UO
EXHIBIT A
+ r
70:7672117 P.2
3104 267321
g 8 NE 162
CONNIE CARDILLO am" u?
.00 0
Y/
6 JEFFREY RD. VMUMIETADVA
K ] . XWO 7j.• 4[.'4 5f;
M CHANICSDURG, PA 17085 104 REPRlNTS 1
TMIW-%480 - 46
JOBS 1 CHARGES -------- ------------- ------ --_-.------------------------_-------- ---------
LABOR----A-------- -----------------------------------------------------------
A 1 05CVZ DRIVEABILITY TECH(S)g169
113.41
CUSTOMER SjATES / CAR WAS HARD TO START JUST CRANKS.STARTED
A SHUT OFF
,
WHILE DRIV KO CAR SHUT OFF,DID START,RA
8PARK U8S BAD
REPLAC SPARK PLUGS
PART9-----OTY---FP^NUMBER----___ --------------------- UNII PRICE-
21
11
4 5613522 SPARK PL8
TOTAL - PARTS .
11.21
JOBS 1 TOTALS __..._----- _--___-----•---------___-_-^_-•---------._------ ---
LABOR
1
11.21
1 TOTAL
JOBS
Aft 1 JOURNAL PREFIX CVCS 124.81
--
-
_
JIBS Z CNAROES----•-------------^----_.---_-__----------- _ .--°---
L?yBOR------- ----------------------------------------------__--__.
JN 2+01CVZAIRFILTRHP REP AIR FILTER TECHSS)2169
3.11
REMOVE OLD AIR FILTER AND INSTALL NEW AIR FILTER
PARTS------QTY---FP-HUMBER--------------DESCRIPTION--------•------------UNIT PRICE-
] 23042001 fTLTER,AI TOTAL - PART$ 14.7
JUBN 2 TOTALS-----^------------ ---------°--------- - -- ----- - --____
?
A
T
PAR T
8 .
1
JOBS 2 JOURNAL PREFIX CVCS JOBS 2 TOTAL 17.9:
JOBM • 3 CHARGES ---^---------..____.._._._---___.._---__-____..-_-_---
------
._.__- ----------------^--_-----------
---
TECHCS)'169
56.81
:
Y
IRE REPLAC
JN 3+OICVZEIO UIRELCE P
N
ITION
t£6
L
UG
TION--------------_ MII PR -
--FP
01MDER- -----------
PARTS ------ OTY
RK
'
i
WIRE
I
1
TOTAL - PARTS 36.7
.
36.7;
J*DS 3 TOTALS -------- ----------------- --------- - --------LAS 56.8
PARTS 36.7
GIN 3 JOURNAL PREFIX CVCS J094 3 TOTAL 93.3:
084 4 CHARGES-----^----^-----------__ -^--_---•----^------------------------- -- ._---•----
JM 4+02CVZ ENINE MECHANICAL TECH (6) t 169 0.9
CAR HAS BAD BLOW BY OF OIL
y
NEEDS ENGINE
CUSTOMER DECLINED REPAIRS
LB--_ -^--_--------- - -----------------------_
8S 4 JOURNAL PREFIX CVCS JOB4 4 TOTAL 0.01
?, ,? I'/`?1.IYfU11LA AY IJCVT pAf=C7 -nos Ac..
EXHIBIT B
MAR-15-2064 21:14 FR0KtU'*RENM GEWOLET 5 7177662210
CERTIFICATE OF SERVICE
I, Donald M. Lewis III, Esquire, one of the attorneys for defendant, hereby certify that I
have served the foregoing paper upon plaintiff's counsel of record this date by depositing a true
and correct copy of the same in the United States mail, first-class postage prepaid, addressed to
plaintiff at the address alleged in the complaint, as follows:
Constance I. Cardillo
3508 Beverly Lane
Mechanicsburg, PA 17050
KEEFER WOOD ALLEN & RAHAL, LLP
By
ewis III
2008
Dated: November AL-P 74/
David-D. Buel
Prothonotary
office of the Prothonotary
Cum6erlancl County, Pennsylvania
7�yrkS. Sofionage, T. S'Q
Solicitor
--LLt7 f 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 ® Car(Ce, TA 0 Thone 717 240-6195 0 Ea.,( 71 7 240-6573