HomeMy WebLinkAbout05-1103Im
OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. n.C-
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.
V
was
in action
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDERS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
5ignature of Pnvnonotery 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
appellee(s), to file a complaint in this appeal
Name of appellee(s) /
(Common Pleas No. n? _ ,?? t i ?rO?n? ( ) within twenty (20) days after, se ce f rul r suff r try of judgment of non pros.
Signature otappellant or attomey or agent
RULE: To ppellee(s)
Name of appelleeis) l
(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: (Y6 „ „ , 20
g !!iofe fPrpthonot ly eptrty
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTiTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
r
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FfLED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; $s
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) , on
, 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20 - `.
Signafiire ofaAient
Signature of official before whom affldaNt was macte
Tibe of official
My commission expires on '20
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AOPC 312A - 02
COMMONWEALTH OF PENNSYLVANIA
r`nl inlTv nG. CUMBERLAND
Ma9. Dist. No.
09-3-05
MDJ Name: Hon.
GAYLE A. ELDER
Address: 507 N YORK ST
MECHANICSBURG, PA
Telephone'. (717) 766 -4575 17055
DWIGHT FOSTER DBA FOSTERS AIITMOTIVE
117 EAST STRAWBERRY ALLEY
MECHANICSBURG, PA 17055
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FZENTMEYER, STEPHEN R
613 SOMERSET DRIVE
MECHANICSBURG, PA 17055-6603
L J
Vs.
DEFENDANTr NAME and ADDRESS
"DWIGHT FOSTER DBA FOSTERS AUTMOTIVA
117 EAST STRAWBERRY ALLEY
MECHANICSBURG, PA 17055
L J
DocketNo.: CV-0000333-04
Date Filed: 12/06/04
p
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR ]PLAINTIFF
?X Judgment was entered for: (Name) 7.Fm7%=FR RTRPTTRN R
I
?X Judgment was entered against: (Name) pwTaHT POSTER nRA FOSTERS ATTTMOTTVF
in the amount of $ 2, OR1 _42 on:
El Defendants are jointly and severally liable.
Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
(Date of Judgment) 1 111 /05
(Date & Time)
Amount of Judgment $ 1.998.92
Judgment Costs $ 82.50
Interest on Judgment $ .00
Attorney Fees $ .00
2
Total $ 2,081.4
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
-•, ,ANY-}'AtHY,hAJ,Irl GipiUN! IV-AMfYNL-Y`?(Fn?oavunr?wr LCn ?n??lve n., yr oae,.vm .. t.. ,.,.p......?.,...w..-
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 MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE,
UNLESS THE JUDGMENT IS"ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTEDIN THE JUDGMENT MAY. FILE
umnHlc kIT nCOTllQ Oevc IM PT It I
E
I certify that this is a true and correct copy of the
Date
My commission expires first Monday of January, 2006 .
SEAL
AOPC315-o5' DATE PRINTED: 1/31/05 2:32:43 PM
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Y
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This pcoofof service MUST BE FILED WTHIN TEN (10) DAYS AFTEP ,`ifiny of 3hg notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (alw1w'-t?`??K - : ss
AFFIDAVIT: I hereby (swear) (affirm) that I served ? /lam
c(/-0c0 ?o333 0?
a copy of the Notice of .Appeal, Gommon Pleas No. , upon the Distrlcf Justice designated therein on
(bate cfservice) May&- ,. j. , 260, . ? by personal survee by (Certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (nama) smoky l ? 2 01« on
l fa _ /,. 3 20 (?? ? by persona, serwc;e?'Y I< by (certified}
l (registered) mtaf(,
(?G?l
senders receipt attached hereto. ?
iN (AFRRMED) AND SUHSCIJIBED BEFORE ME
OAYOF /ViaresIN .21-?15-
^a7gna ire ofa8rant
r
?1oforir'of hero uhr?m e'rid iP.,s made
TUS of pflrcig± ?-
My commission expires on '20 C) S ..
Notarial Seal
Joseph L. Grove, Notary PubUe
Silver Spring Twp., CumYe riand County
My Commission Expires June 16, 2006
Member, Pennsylvama AsswationotNoWles
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AOPC M2,A -42
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
to Court of Common Pleas an appeal from the judgment rendered by the District Justice on
(Fbmar!) (DelantlanQ'
before a Distnct Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
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.
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
4 ( I : .. appellee(s), to file a complaint in this appeal
Enter rule upon
Name ofappeNse(s)
(Common Pleas No. ? • ? --- .. ) within twenty (20) days after service of rule or suffV eatry of judgment of non pros.
Signature ofappellant oratlorney or agent
RULE: To ',a ?<', %,=. - __ , .;:_• appellee(s)
Name of appettee(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 serv
of this rule upon you bypeisbnal service or by certified or registered mail.
(2) If you db qpt 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: YY?, .24, ,_1
signature of Prothonotary o!
YOU MUST INCLUDE ACOPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEA
AOPC 312-02
COURT FILE
m
TH OF PENNSYLVANIA
w??/?1?1[•i _.. _. _._ NOTICE OF APPEAL
STEPHEN R. ZENTMEYER,
Plaintiff
v.
DWIGHT FOSTER, d/b(a POSTER'S
AUTOMOTIVE, and FOSTER'S
AUTOMOTIVE, INC.,
Defendants
NOTICE
IN THE COURT OF CC
PLEAS OF CUMBERLt
COUNTY. PENNSYLV
CIVIL ACTION - LAW
NO.: 05-1103 CIVIL TE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against he claims
set forth in the following pages, you must take action within twenty (20) days afte this
Complaint and Notice are served, by entering a written appearance personally or b attorney
and filing in writing with the Court your defenses or objections to the claims set fo h against
you. You are warned that if you fail to do so the case may proceed without you a d judgment
may be entered against you by the Court without further notice for any money clai ed 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 OFFIC SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA ION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFIC MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES T VAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED F E OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
STEPHEN R. ZENTMEYER,
Plaintiff
V.
DWIGHT FOSTER, d/b/a FOSTER'S
AUTOMOTIVE, and FOSTER'S
AUTOMOTIVE, INC.,
Defendants
NOTICIA
IN THE COURT OF CC
PLEAS OF CUMBERLi
COUNTY, PENNSYLV
CIVIL ACTION - LAW
NO.: 05-1 103 CIVIL TE
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiet defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias d plazo al
partir de la fecha de la denanda y la notification. Usted debe prensentar una aparien a escrita or
en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus bjeciones a
las demandas en contra de su persona. Sea avisado que si usted no de difiende, la core tomara
medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por ualquier
queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero sus
propiedades o ostros derechos imprtantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIANTEME E. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR AL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC J NA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DO DE SE
PUEDE CONSEQUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
STEPHEN R. ZENTMEYER,
Plaintiff
V.
DWIGHT FOSTER, d/b/a FOSTER'S
AUTOMOTIVE, and FOSTER'S
AUTOMOTIVE, INC.,
Defendants
IN THE COURT OF CO
PLEAS OF CUMBERL?
COUNTY, PENNSYLV,
CIVIL ACTION - LAW
NO.: 05-1103 CIVIL TI
COMPLAINT
AND NOW, comes the Plaintiff, Stephen R. Zentmeyer, by his
A. Klein, P.C., and Mark S. Silver, Esquire, and files this Complaint against
Dwight Foster, d/b/a Foster's Automotive and Forster's Automotive, Inc.,
of action more fully set forth as follows:
1. Plaintiff, Stephen R. Zentmeyer, is an adult American
Commonwealth of Pennsylvania, residing at 613 Somerset Drive,
Cumberland County, Pennsylvania 17055.
2, Defendant, Dwight Foster is an adult American citi
Commonwealth of Pennsylvania who owns and operates a business and
Joseph
a cause
of the
of the
business under the registered fictitious name of Foster's Automotive, having itj place of
business at 117 East Strawberry Alley, Mechanicsburg, Cumberland N County,
Pennsylvania 17055.
3. Defendant Dwight Foster, as identified above in Paragraph 2, the
averments of said Paragraph incorporated herein by reference as though fully set forth at
length, in addition to owing and operating a business under the registered fictitious name
of Foster's Automotive, is also the president of a Pennsylvania business
known as Foster's Automotive, Inc., having its principal place of business at 117 East
Strawberry Alley, Mechanicsburg, Cumberland County, Pennsylvania 17055.
4. The within Complaint is being filed on behalf of Plaintiff, S! ephen R.
Zentmeyer, the judgment winner before District Justice Gayle A. Elder, pt rsuant to
Judgment entered by her on January 31, 2005 in favor of Plaintiff herein Slephen R.
Zentmeyer in the amount of $2,081.42, from which Defendant Dwight Fo ter, d/b/a
Foster's Automotive filed an Appeal on or about March 2, 2005, the same re eived for
purposes of service by Plaintiff herein on Saturday, March 5, 2005.
A true and correct copy of Plaintiff Stephen R. Zentmeyer's "Civil C mplaint"
filed with District Justice Gayle A. Elder; a true and correct copy of the " otice of
Judgment/Transcript Civil Case" entered by District Justice Gayle A. Elder o January
31, 2005, awarding the sum of $2,081.42 to Plaintiff herein and against efendant
Dwight Foster, d/b/a Foster's Automotive, Inc., and, a true and correct co y of the
"Notice of Appeal from District Justice Judgment" filed by Defendant, Dwig t Foster,
d/b/a Foster's Automotive, Inc., is attached hereto cumulatively as Ex ibit "I"
incorporated herein by reference.
5. Plaintiff Stephen R. Zentmeyer is and was at all times relevant ereto the
owner of a 1996 Ford Windstar Van automobile, manufacturer's Vehicle Ideltification
Number: "2FMDA5147TBA86144", bearing Pennsylvania License Plate (Number:
"SWOOP-5".
6. Plaintiff Stephen R. Zentmeyer had for a period of over ten ( 0) years
prior to the events herein involved utilized the motor vehicle mechanical al d repair
services of Defendant Foster's Automotive, Inc., and thus had established a long course
of dealing with Defendant.
7. On October 11, 2004, the aforesaid 1996 Ford Windstar Van
"Ford", "Van", or "Zentmeyer's vehicle") displayed its "check engine" light. Plaintiff
Stephen R. Zentmeyer took the van to Ditmer's Texaco, a gasoline and
service station situate at northeast corner of the intersection of Old Gettysburg?Road and
Rossmoyne Road in Lower Allen Township, Cumberland County, PennsVvania, a
service station and mechanical shop also previously utilized by Plaintiff Stephen R.
Zentmeyer for repair of his vehicles.
8. On October 12, 2004, a representative of Ditmer's Texac? advised
Plaintiff herein that the van had a "bad cylinder At misfire" and that the vehicl? required
a new head gasket.
9, As a result of Plaintiff's long-standing and over ten (10) }ear prior
business relationship with Defendant, Plaintiff decided to remove the van from Ditmer's
Texaco and deliver it to Defendant's location for repair.
10. Although Plaintiff had the aforesaid over ten (10) year relation' hip with
Defendant for purposes of maintenance and repair of Plaintiffs motor vehicleiirs Plaintiff
was generally determining to no longer utilize Defendant for motor vehicle rep as his
charges were high and Plaintiff was slowly weaning the work on his motor v?hicles to
Ditmer's Texaco. Plaintiff did, however, for repair of the van as indicated, ?emove it
from Ditmer's Texaco to Defendant's location.
11. Plaintiff drove the van from Ditmer's Texaco to Defendant's ilplace of
business, a distance of approximately two (2) miles on October 13, 2004 and advised
Defendant that he required the return of the vehicle on Friday, October 15
Plaintiff had specific plans for its use.
12. Defendant Dwight Foster called Plaintiff by telephone on
15, 2004 and advised that his employee "Steve" was unable to complete the
that the van would not be ready until the next following Monday, October, 18, 1
13. Plaintiff not having heard anything from Defendant, called
office on Monday, October 18, 2004 and spoke with "Kevin" who advised
the van was still not done and that they were continuing to check into the mi
advised that another employee, "Dwight", presumably Defendant Dwight
test-driving the van as of that moment. Plaintiff advised Defendant's emplo
that he needed the van no later than Tuesday, October 19, 2004, due to a pl;
Philadelphia and a departure from the Philadelphia Airport scheduled for
October 20, 2004, by Plaintiff to a vacation in San Francisco.
2004, as
October
work and
04.
fendant's
intiff that
e. Kevin
1 ster, was
"Kevin"
ed trip to
14. Plaintiff, during the early morning hours on Tuesday, October ?9, 2004,
went to Defendant's garage to pick up the van. Upon arrival, Defendant Dwight Foster
advised Plaintiff that there was still a miss in the engine; that "you will probably lthink the
van is running as good as it ever has and you probably won't even notice";N that the
"problem" would correct itself after the van was driven for a while; and,
further stated upon being reminded by Plaintiff that the van was to be driven from
Mechanicsburg, Pennsylvania to the Philadelphia Airport that "yea that show be far
enough".
Plaintiff understood this remark by Defendant to mean that the
temperature was required to reach a certain level so that vapor would burn
problem corrected.
15. On Tuesday, October 19, 2004, and when Defendant pulled the
Defendant's garage for Plaintiff to take it, the "check engine" light was still on.
Plaintiff got out of the van and advised Defendant that the "check
was still on. Defendant inquired from Plaintiff when he would be returning
Francisco; Plaintiff advised him on Monday evening, October 25, 2004, but
required the van for a golf trip planed for the next following week.
Defendant then wrote in his scheduling book a note, which Plaintiff
reminding Defendant to "get to the bottom of "check engine" light issue".
engine
and any
n out of
te" light
-om San
Plaintiff
16. Importantly, on Tuesday, October 19, 2004, and when preparinglto depart
from Defendant's location, Plaintiff specifically inquired of Defendant whethe? the van
was safe to use and Defendant replied to Plaintiff without hesitation "Yes, it will ?e fine."
17. Plaintiff had also requested Defendant to perform a Pennsylvania's state
inspection on the van. Although Plaintiff was charged by Defendant for the
and the additional required emissions test, the same were not performed as the ?an could
not pass inspection with the `check engine" light still lighted. Defendant advised this
would be done on the following Tuesday (October 26, 2004) upon return from) vacation
by Plaintiff.
18. Plaintiff operated the van for short errands on Tuesday, October l9, 2004
with no problem, other than the "check engine" light remained on. Plaintiff id note,
however, that the van was running "rough", but Plaintiff assumed that in accord4tice with
Defendant's advice, the engine did not reach the proper operating
enough to correct the problem.
19. During the evening hours of Tuesday, October 19, 2004,
the van to Philadelphia in accordance with his prior representations to
suddenly and without any other warning light appearing, the engine of the
and failed to function at a location just east of Reading, Pennsylvania.
long
operating
"blew"
20. Plaintiff' had to make emergency telephone calls and arrange toNbe towed
to the Morgantown, Pennsylvania exit of the Pennsylvania Turnpike late in tl? evening
on Tuesday, October 19, 2004.
21. Plaintiff telephoned Defendant's place of business and left a mes#age as to
what had occurred as Defendant's business was closed at that late hour.
22. On the next morning, Wednesday, October 20, 2004, Plairi f again
telephoned Defendant who said to Plaintiff he was "sorry" and the he (Defenda t) would
come down and tow the van back to Mechanicsburg. Plaintiff advised Defenda i to go to
Plaintiff's house to obtain the extra key, which Defendant did at approximately P:00 a.m.
on Wednesday, October 20, 2004.
23. Plaintiff had to go through security and board his airplan? to San
Francisco and advised Defendant that he (Plaintiff) would check with Defe?dant on
Thursday, October 21, 2004 as to the status of the van and its repair.
24. Upon Plaintiff's calling Defendant's place of business on Thursday,
October 21, 2004, Defendant's employee "Kevin" advised Plaintiff that the engine was
"blown" that he was putting an estimate together for Plaintiff, despite that Fact that
Plaintiff had just expended over $1,829.00 in Defendant's shop for the repair of?the head
gasket and other various parts and repairs. Upon Plaintiff stating the same,
responded that the problem was not caused by Defendant's repair or lack I of repair.
Plaintiff advised Defendant that he should reconsider his proposal. Plaintiff advised
Defendant that he would call back in fifteen (15) minutes to permit
opportunity to reconsider his position.
25. On Thursday, October 21, 2004, when Plaintiff called
business again, he spoke directly with Defendant Dwight Foster who advised Plaintiff
that he was not responsible for anything that had happened. Plaintiff advised
that he would never have driven the van with the "check engine" light on had
not observed the very same thing and advised Plaintiff in response to a speci?c inquiry
by Plaintiff, that it was acceptable for Plaintiff to operate the vehicle in that condition and
in fact, where Defendant even paused in his response to Plaintiff to consider tho distance
from Mechanicsburg to the Philadelphia Airport, and upon considering the sane advised
Plaintiff that it was alright to operate the vehicle that distance as it was necessa?y for the
vehicle to reach an acceptable operating temperature which would cure the probl
26. After again arguing with Defendant and advising that he (Plai0tiff) was
not going to pay anything additional to fix the engine, Plaintiff made
Ditmer's Texaco to pick up the van at Defendant's location, take it back to
and provide an estimate for repair.
27. Upon inspection at Ditmer's Texaco (as of the date hereof now
"Rumberger's Automotive"), it was determined that a cylinder rod was
gone through the oil pan and that (coincidentally) cylinder #l, the very
which had previously been diagnosed with a "misfire" (which information
mts with
r garage,
nown as
and had
cylinder
Plaintiff
provided to Defendant on October 13, 2004 at the time the van was delivered to
Defendant's location) was in fact one of the principal problems with the engine.
28. Plaintiff believes and therefore avers that when performing 4utomobile
repair work which involves a head gasket problem all motor engine oil must be drained
and when the engine is reassembled, the old oil filter must be removed and replaced with
a new oil filter, which new oil filter must be tightened properly so that engine oo does not
push out under the pressure of engine operation.
29. Plaintiff avers that in the course of repairing the engine one the van,
Defendant failed to attach the new oil filter in a proper manner, which petted the
engine, while operating, to develop sufficient pressure to push oil out of the e gine and
thus, cause the engine to "blow".
30. Defendant listed and charged Plaintiff pursuant to Defendant' Invoice
Number 35530 for the following work, which Plaintiff avers was not comp) ted in a
workmanlike manner:
"Pa State Inspection; evaluate possible headgasket problem;
scan for codes, D0301(sic) cylinder 41 misfire; pull spark
plug and inspect-found plugs very poor condition; coolant
marks on number 1 sparkplug/R+R cylinder heads, condition&
clean block & head surfaces; inspect surfaces, replace gaskets &
headbolts; replace thermostat; renew coolent (sic); replace spark
plugs, change oil & filter; PA Emission Inspection; replace
transmission pan; dismount spare tire from steel rim-mount
on LF wheel; mount LF tire on spare wheel, rotate RR to RF",
the total charges for which are depicted on Invoice Number 35530 as $1,829.3u1, which
Plaintiff paid by his Visa charge card.
A true and correct copy Defendant's Invoice Number 35530 is attached T ereto as
Exhibit "2", incorporated herein by reference.
31. The total repair bill from Rumberger's Automotive Service
Order Number 19771, Work Order date November 10, 2004, to repair all
previously performed by Defendant but which Defendant failed to p
workmanlike manner, is depicted on Rumberger's Automotive Work O
19771 as the sum of $3,797.65.
True and correct copies of the Rumberger Invoices are attached hereto
"3" incorporated herein by reference; the same also incorporated into
below by reference.
32. In addition to the repair charges incurred by Plaintiff at
Automotive, set forth in the immediate preceding Paragraph incorporated
reference, Plaintiff incurred additional expenses for the Pennsylvania state
which was not performed by Defendant in the amount of $61.43; cab fare in
of $38.77 on Tuesday, October 19, 2004; and a $100.00 charge for an ai
change order when Plaintiff had to rearrange his travel plans to San Francisco
the airline charged the ticket change fee of $100.00. (See Exhibit "3")
er, Work
the work
arm in a
Number
is Exhibit
;raph 32,
tnberger's
erein by
spection
amount
ne ticket
r which
33. Plaintiff therefore claims from Defendant the total sum of $3,997.85, to
which Plaintiff credits the sum of $1,829.31 refunded to him by Visa credit card,lfor a net
claim against Defendant in the amount of $2,168.54, plus filing costs of the instant action
when Plaintiff was awarded judgment against Defendant by District Justice (jayle A.
Elder on January 3 l, 2005 and from which Defendant herein filed the instant
34, For all of the aforesaid reasons including but not limited to D
failure to repair Plaintiffs vehicle in a good and workmanlike manner, and al
resulting therefrom, Plaintiff hereby claims and demands judgment against De
the sum of $2,168.54, plus costs and expenses.
WHEREFORE, Plaintiff, Stephen R. Zentmeyer claims damages
demands Judgment against Defendant, Dwight Foster, d/b/a Foster's Automot
Foster's Automotive, Inc., in the amount of $2,168.54, plus costs, expenses
fees, an amount within the jurisdictional amount in Cumberland County
compulsory arbitration.
Date: March 24, 2005
Respectfully submitted,
JOSEPH A. KLEIN, /P.C.
By u??? 1?-LL
/
Mark S. Silver, Esquire
I.D. No. 09825
500 North Third Street, 7"i Floor
P.O. Box 1152
Harrisburg, PA 17101
(717) 233-0132
Attorneys for Plaintiff
Stephen R. Zentmeyer
s
damages
?ndant in
in and
and/or
d filing
-quiring
r'nl INTY OF CUMBERLAND
M.-
09-3-05
DJ Name Hon
GAYLE A. ELDER
A°0fQ56 507 N. YORK ST.
MECHANICSBURG, PA
Taaphone t717) 766-4575
17055
AMOUNT
FILING COSTS $ 76.00
POSTAGE s 6.50
SERVICE COSTS $
CONSTABLE ED. $
TOTAL $
DATE PAID
12 /6 /04
12 /6 /04
CIVIL C MPLAINT
PLAINTIFF: NAME and ADDaesS
F-
STEPHEN R. ZENT14EY
613 SOMERSET DRIVE
L MECHANICSBURG, PA
7055
DEFENDANT:
r DWIGHT FOSTER DBA
117 EAST STRAWBER.
MECHANICSBURG,.PA
L
Docket No.: NT-333-04
Date Filed: 12/6/04
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party.
xtt
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ _ 39971,85 -together wf
costs upon the following claim (Civil tines must include citation of the tatu(e or ordinance
violated):
DEFENDANT DID NOT REPAIR PLAINTIFF'S VAN CORRECTLY WHICH LEAD TO A TOTAL
ENGINE FAIL OF THE VAN, LESS THAN 8 HOURS AFTER VAN WAS RELEASED TO PLAINTIFF.
I, STEPHEN R. ZENTMEYER verify that the facts set forth in this cot plaint are true and
correct to the best of my knowledge, information, and belief. This statement is made subject to a penalties of
Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to autho ities.
Plaintiff's
Attorney.
Telephone:
Address:
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY T
AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PR
UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which
to assert at the hearing, you must file it on a complaint form at this office at least five days
the date set for the hearing.
It you are disabled and require a reasonable accommodation to gain access to the
Court and its services, please contact the Magisterial District Court at the above ac
telephone number. We are unable to provide transportation.
AOPC 308A 03
p1A1NTIFF'S
1 EXHISIM
1
,GAME and ADOFFSS
STER'S AUTOMOTIVE
ALLEY
7055
'ICE IMMEDIATEL
YOUR DEFENSE
intend
agisterial District
ess or
COMMONWEALTH OF PENNSYLVANIA
'i:nl wry nF• CUMBERLAND
Mog. DI9f. No.:
09-3-05
MDJ Name: Hon.
GAYL5. A. ELDER,
Add'°%'U'5 Q7'-%N YORK ST
MECHANICSBURG, PA
Tniapwn9;'(717.) 766-4575 17055
STEPHEN .RC ZENTMEYER ?S IF
613. SOMERSET DRIVE lob-,
MSCHANxCSBIIRG, PA 17055-6603,
?
CRd/ ?il F Ad
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR P7
® Judgment was entered for: (Name) _
FX? Judgment was entered against: (Name) _
in the amount of $ 2 nal 49 on:
? Defendants are jointly and severally liable.
? Damages will be assessed on:
? This case dismissed without prejudice..
Amount of Judgment Subject to
? Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential.
lease $
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credit
Post Judgment Costs
(/TRANSCRIPT
I ADDRESS
-l
155-6603
J
And ADDRESS
BTXRS AUTMOTIVi?
IiLLEY
155
7
$_ ___-_____
Certified Judgment
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN SO DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUOGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEA
. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT A
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHE
COME FROM THE COURT OF COMMON PLEAS AND No FURTHER PROCESS MAY BE IssuED BY THE MAGIS
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DI
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
rl
I'
Date
NOTICE OF JUDGMEP
CIVIL CASI
PLAINTIFF:' NAMi
rz-mn%EYER, STEPHEN R
613 SOMERSET DRIVE
MECHANICSBURG, PA 17
L
vs.
DEFENDANT: NAM'.
I'DWIGHT FOSTER DBA FO
117 EAST STRAWBERRY
MECHANICSBURG, PA 17
L
DocketNo.: CV-0000333-0
Date Filed: 12/06/04
(Date of Judgment)
E
IF THE
LESS MUST
DISTRICT JUDGE.
ENT MAY FILE
PAYS IN FULL,
, Magisterial District Judge
I certify that this is a true and. correct copy of the record of the proceedings containing the judg ent.
Date Magisterial Dis ict Judge
My commission expires first Monday of January,,2006 . SEAL
AOPC315-05 DATE PRSNTSD: 1/31/05 2:32.:43 PM I .,
TO 39Vd 3bd3Z EE86-TG9-GTL 96180 9OOL/9T/E0
:nl wTY
09-3-05
OJ Name: Hon.
GAYLE A. ELDER
"ddfe55 507 N. YORK ST.
MECHANICSBURG, PA
Te%,p a e (717) 766-4575 17055
REMITTER :
STEPHEN R. ZENTMEYER
613 SOMERSET DRIVE
MECHANICSBURG, PA 17055-6603
DocketNo.: CV-0000333-
Date Filed: 12/06/04
RECEIPT NO: 078718 DATE: 12/06/04 PAGE: 1
SOURCE: PAID AT WINDOW AMOUNT RECEIVED: $ 82.50
METHOD: PAID BY CHECK AMOUNT APPLIED: $ 82.50
CHECK#: 08612 COLLATERAL APPLIED: $ .00
CHANGE: $ .00
MANUAL RECEIPT#:
CITATION#: NEXT PAYMENT AMOUNT:
COSTS INCLUDED ON: NEXT PAYMENT DATE:
NEXT PMT TYPE:
PAYMENT DESCRIPTION
JUDICIAL COMPUTER PROJECT
ACCESS TO JUSTICE
POSTAGE
COMMONWEALTH COST- HB627
FILING FEES COMM-COST
FILING FEES 21-CTY
TOTAL
CURRENT BALANCE DUE
RECVD FROM ZENTMEYER, STEPHEN R
THANK YOU!
BALANCE FWD AMT APPLIED
8.50 8.50-
1.50 1.50-
6.50 6.50-
26.40 26.40-
13.20 13.20-
26.40 26.40-
82.50 82.50-
00
CURRENT BAL
.00
.00
.00
.00
.00
.00
00
DATE PRINTED: 12/06/04 3:20:16 PM
AOPC 450-99
GUMMUNWEALTH OF 11
COURT OF COMMON PLEAS NOTICE OF AP EAL
Judicial District, County Of FROM
DISTRICT JUSTICE U DGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rende d by the District Justice on
the date and in the case referenced below.
..
NAME OF APPELL4/Ni/?_?? }? /?
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YLI
I {Is tW `1 r i r` MAG.?DIS/T?. NO.
v7 `?J- N E OF D.J.
"?rr :P r^'J
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- -IY4
ADDRESS OF APPELLANT CITY STA
lEE ZIP CODE
,r-
DATE OF J DGMEN IN THE CASE OF (Plaintiff) (DerenEaM)'
if!
DOCKS No. P SECANT OR ATTORNEY OR AGENT
SIGNATURE OFA
{
m
This block will be signed ONLY when this natation is required under Pa. a Pa. R.
If ap /ant was CI , P.O.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT DST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after riling the NOTICE of APP L.
sgnatwe of Rothonotary or Oepu(y
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 acti before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Sf?n?ld?} ("? ?bg. f P r1r%?" appellee(s), to file a omplaint in this appeal
--r- Name of appellees)
(Common Pleas No. t ) within twenty (20) days after service of rule or suffa A try f judgment of non pros.
Signatu,
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(t) You are n0 fivdfih?atla,nil8)s hel 6o ntered upon you to file a complaint in this appeal within twenty (20) d
ys after the date of service
of this rule upon mtt Oyler5onal servlCQOr{Gyrtifed or registered mail.
(2) If you dotAle a comp1 1withid•this ti a, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST OU.
(3) The d2te of yervice o? thlf:;; ulp ser.Nice %"as by mail is the date of the mailing.
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YOU MUST INCLUdEiAC,QPY ?F THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS OTICE OF APPEAL.
AOPC 312-02 -
COPY TO BE SERVED ON APPELLEE
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RUMBERGER'S AUTOMOTIVE
SERVICE CENTER
4840 OLD GETTYSBURG ROAD
MECHANICSBURG, PA 17055
(717) 737-4099
NAME/ADDRESS TODAY'S PHONE MILEAGE Wo k Order Number
85,560 19 71
STEPHEN R ZENTMEYER HOME PHONE COLOR W k Order Date
613 SOMERSET DR (717) - SILVER 11/ 10/2004
MECHANICSBURG, PA. 17055 WORK PHONE LICENSE NO. SOL D'
BY
SWOOP5 JOH N
ACCOUNT NO. CELL PHONE VIN PU CHASE ORDER NO.
ZENT003 2FMDA5147TBA86144 _ j I
1996 FORD WINDSTAR 232cid 3.8L V6 GAS FI N VIN:4 Compl?ted Date: 10/25/2004
CITY. PART NO. DESCRIPTION OTHER PRICE DISC TOTAL
1.00 Jasper REMAN. ENGINE ASSY. $2,374.00 $2,374.00
1.00 Jasper INSTALLATION KIT $291.00 $291.00
14.70 Labor Engine Assy., R and R and Renew $50.00 $735.00
Includes; Parts and Component Transfer.
5.00 5W30 QT MOTOR OIL $2.50 $12.50
2.00 AF ANTIFREEZE $9.99 $19.98
1.00 Ford TORQUE CONVERTER BUSHING $24.45 $24.45
1.00 Ford WATER PUMP EXTENSION TUBE $44.40 $44.40
1.00 FORD AIR BY-PASS VALVE $81.36 $81.36
r
NOV 1 1 ?004
By-?lv
C C'
I hereby accept the initial estimate and agree to the terms and conditions herein set forth and hereby
autorize the service and repair and/or installation work to be done along with the necessary materials and
hereby grant you and/or your employees and/or desigmess permission to operae the vehicle herein described
on streets, highways or elsewhere for the purpose of teeing or inspection. I hereby authorize storage of the
vehicle at lire rate of per day beginning on the day after repairs are completed. An
express mechanic's lieu is hereby ackrwweledged on vehicle to secure the amount of towing, storage and/or
repairs. You will not be hold responsible for loss of damage to vehicle or accessories or articles left in vehicle
in case of (ire, theft, vandalism, accident, or any other cause beyuund your control. In the event legal action
is neccessary to enforce this contract. I will pay reasonable attorney's fees and court cost.
AUTHORIZED BY
X
Total Jobs
Total Parts
Total Labor
Total Other
Shop Supplies
$0.00
$2,647.69
$735.00
$0.00
$0.00
Subtotal
DISC
ales Tax %
Sales Tax
Total
$3,582.69
$0.00
6.000
$214,96
$3,797.65
RUMBERGER'S AUTOMOTIVE
SERVICE CENTER
4840 OLD GETTYSBURG ROAD
MECHANICSBURG, PA 17055
(717) 737-4099
NAME/ADDRESS TODAY'S PHONE MILEAGE Wo rk Order Number
Qq 7' ?3 T ? 85,560 19 001
STEPHEN R ZENTMEYER HOME PHONE COLOR W rk Order Date
613 SOMERSET DR (717) - SILVER 11) 10/2004
MECHANICSBURG, PA. 17055 WORK PHONE LICENSE NO. SO BY
SWOOP5 JO [ IN
ACCOUNT NO. CELL PHONE VIN PU CHASE ORDER NO.
ZENT003 2FMDA5147TBA86144
1996 FORD WINDSTAR 232cid 3.81- V6 GAS Fl N VIN:4 Comp Ieted Date: 10125/2004
QTY. PART NO. DESCRIPTION OTHER PRICE DISC TOTAL
1.00 IM PA EMISSIONS INSPECTION $39.95 $39.95
PRICE INCLUDES $4.15
TELECOMMUNICATION FEE
STICKER # IM5-0969720
1.00 PSI PA STATE INSPECTION $18.00 $18.00
INCLUDES $2.00 STICKER FEE
BRKS: L.F. 4/32B R.R. 3/32B
TIRES: 4/32 L.R.
STICKER # AI5-1436529
++++++++++NOTE +++++++++++
WILL NEED BRAKES SOON
++++++++++++++++++++++++++
?p? 11 2004
PLAOMFPS
EXHIBIT
3
I hereby accept the initial estimate arW agree to the terms and conditions herein set forth and hereby
sutorize the servica and repair antl/ r installation work to be clone along with the necessary materials and Total Jobs $57.95 Subtotal $57.95
hereby grant you and/or your. employees and/or desigmess permission to operas the vehicle herein described Total Parts $0.00 Disc $0.00
on streets, highways or elsewhere for the purpose of teeing or inspection. I hereby authorize storage of the
vehicle at the rata o/ per day beginning on the day after repairs are completed An Total Labor $0.00 ales Tax% 6.000
express mechanics lieu is hereby aoknoweledged on vehicle to secure the amount of towing, storage andfor Total Other $0.00 Sales Tax $3.48
repairs. You wit not behold responsible for loss of damage to vehicle or accessories or articles left in vehicle
in case of fire, theft, vandaliism,accident, or any other cause bayound your control. In the event legal action Shop Supplies $0.00 Total $61.43
is neccessary to enforca this contract- I will pay reasonable attorney's fees and court cost.
AUTHORIZED BY.
VERIFICATION
The undersigned, Stephen R. Zentmeyer, hereby verifies and states that:
He is the named Plaintiff herein; and
2. The facts set forth in the foregoing COMPLAINT are
correct to the best of his knowledge, information and belief, and
and
3. He is aware that false statements herein are made subject Jo the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
R. Zehkmeyir, Plaintiff
Date: March 24, 2005
STEPHEN R. ZENTMEYER,
Plaintiff
V.
DWIGHT FOSTER, d/b/a FOSTER'S
AUTOMOTIVE, and FOSTER'S
AUTOMOTIVE, INC.,
Defendants
IN THE COURT OF CC
PLEAS OF CUMBERLi
COUNTY, PENNSYLV
CIVIL ACTION - LAW
NO.: 05-1103 CIVIL TF
CERTIFICATE OF SERVICE
I, Mark S. Silver, Esquire, of the law firm of Joseph A. Klein, P.C., att?rneys for
Plaintiffs, do hereby certify that on this date I served the foregoing COMP INT by
placing a true and correct copy of the same in the United States Mail, postag pre-paid,
deposited at Harrisburg, Pennsylvania, addressed to counsel for the Defendant a follows:
Dwight Foster
Foster's Automotive
Foster's Automotive, Inc.
117 East Strawberry Alley
Mechanicsburg, PA 17055
JOSEPH A. KLEIN
I? c? ,p Q ?, P.C.
B w?! y ICJ
y' I
Mark S. Silver, Esquire
I. D. No. 09825
500 North Third Street, 7a' Floor
P.O. Box 1152
Harrisburg, PA 17101
Date: March 24, 2005 (717) 233-0132
Attorneys for Plaintiff
Stephen R. Zentmeyer
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Wayne M. Pecht, Esquire
Attorney I.D. No. 38904
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055-4894
R. ZENTMEYER,
Plaintiff
IN THE COURT OF COMMON PL
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
DWIGHT FOSTER, d/b/a FOSTER'S
AUTOMOTIVE, and FOSTER'S
CIVIL ACTION - LAW
AUTOMOTIVE, INC., NO. 05-1103 CIVIL TERM
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Pecht & Associates, PC, by Wayne M. Pecht,
OF
Esquire, on behalf of Defendants, Dwight Foster, d/b/a Foster's Automotive and Foster's
Automotive, Inc., in the above-captioned action.
PECHT & ASSOCIATES, PC
Dated: April 13, 2005 By: Al? GA-
Wayne M. Pecht, Esquire
Attorney I.D. No. 38904
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055-4894
717-691-9808
Attorney for Defendants, Dwight
Foster, d/b/a Foster's Automotive
and Foster's Automotive, Inc.
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Wayne M. Pecht, Esquire
Attorney I.D. No. 38904
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055-4894
STEPHEN R. ZENTMEYER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
DWIGHT FOSTER, d/b/a FOSTER'S
AUTOMOTIVE, and FOSTER'S
AUTOMOTIVE, INC.,
Defendants
CIVIL ACTION- LAW
NO. 05-1103 CIVIL TERM
NOTICE TO PLEAD
TO: Mark S. Silver, Esquire
Joseph A. Klein, P.C.
500 North 3`d Street
P.O. Box 1152
Harrisburg, PA 17108
Attorney for Plaintiff, Stephen R. Zentmeyer
You are hereby notified to file a written response to the enclosed Preliminary Objections
to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be
entered against you.
Respectfully submitted,
Dated: April 13, 2005
PECHT & ASSOCIATES, PC
By:
Wayn M. Pecht, Esquire
Attorney I.D. No. 38904
1205 Manor Drive, Suite 200
Mechanicsburg, PA 1 7055-4 8 94
717-691-9808
Attorney for Defendants
Wayne M. Pecht, Esquire
Attorney I.D. No. 38904
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055-4894
(717) 691-9808
STEPHEN R. ZENTMEYER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
DWIGHT FOSTER, d/b/a FOSTER'S
AUTOMOTIVE, and FOSTER'S
AUTOMOTIVE, INC.,
Defendants
CIVIL ACTION - LAW
NO. 05-1103 CIVIL TERM
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW come Defendants, by their attorneys, Pecht & Associates, PC, and
make the following Preliminary Objections to Plaintiff's Complaint:
Plaintiff s Complaint fails to conform to law and contains impertinent
matter in the following particulars:
A. Paragraph No. 4 of Plaintiff's Complaint references the outcome of
a District Justice hearing. On Appeal of this matter to the Court of Common
Pleas, parties are entitled to a de novo hearing and the outcome of the District
Justice hearing is impertinent. Furthermore, the law bars the introduction of the
outcome of the hearing and the same should not be permitted in any pleading.
B. Paragraph No. 33 of Plaintiffs Complaint references the outcome
of a District Justice hearing. On Appeal of this matter to the Court of Common
Pleas, parties are entitled to a de novo hearing and the outcome of the District
Justice hearing is impertinent. Furthermore, the taw bars the introduction of the
outcome of the hearing and the same should not be permitted in any pleading.
C. Plaintiff s Complaint has attached to it documents evidencing the
outcome of the District Justice hearing in this matter. Such documents are
impertinent and do not comply with the rule of law in that the instant action is de
novo and the outcome of any prior District Justice action regarding the same
claim is impertinent, irrelevant and immaterial to the instant action.
WHEREFORE, Defendants respectfully request this Honorable Court to require
Plaintiff to replead its claim without reference to the outcome of any prior District Justice
action or without use of any documents disclosing the results of such action.
2. Plaintiff s Complaint fails to state a claim upon which relief can be
granted as to Defendant Dwight Foster (Demurre), in that:
A. Plaintiff's Complaint identifies Dwight Foster as an officer of
Defendant Foster's Automotive, Inc.
B. Plaintiffs Complaint identifies Dwight Foster as the owner of the
fictitious name Foster's Automotive.
C. Plaintiffs Compliant nowhere states that Defendant Dwight Foster
individually had any contractual relationship with Plaintiff or undertook to
provide service on an individual basis for Plaintiff.
D. Plaintiffs Complaint does not allege that Plaintiff paid Defendant
Dwight Foster individually any money or that Defendant Dwight Foster was in
any way unjustly enriched.
E. In fact, Plaintiffs Complaint fails to allege any specific cause of
action against Defendant Dwight Foster.
WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be
dismissed, with prejudice, as to Defendant Dwight Foster.
Respectfully submitted,
PECHT & SSOCIAT
By
Wa e M. Pee t, Esquire
Attorney I.D. No. 38904
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055-4894
717-691-9809
CERTIFICATE OF SERVICE
1, Wayne M. Pecht, Esquire, attorney for Defendants, hereby certify that I have
served the foregoing papers upon Plaintiff this date by depositing a true and correct copy
of the same in the United States mail, first-class postage prepaid, addressed as follows:
Mark S. Silver, Esquire
Joseph A. Klein, PC
500 North 3`d Street
P.O. Box It 52
Harrisburg, PA 17108
Date: April 13, 2005 V v
Wave M.
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Curtis R. Long
Prothonotary
office of the Protbonotarp
?Cutttberrattb ?outttp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
OS! - 1102 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 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,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) pan-4c'71