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HomeMy WebLinkAbout05-1124COURT OF COMMON PLEAS q 4h Judicial District, County Of C Urtn' r lA nA NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O j/,Z G,' /r J 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. Bender p? / M ?osep?, Or u0rk d9- CIT -_Ia/ ??f: STATE E ADDRESS l APPELLANT (I , /'fit t) Oak P r t Ve`(? //'111 a i)' 'h 4i SP I It y r rl f j1 A /70,0-1 OFJUDGMENT DATE0 2 / (7Y,,VV/AA``0S' tIJi i CASE ae? Plaintiff) Ce y / . l.- A1eJf?(4? vs Tbsve p /\ D' (Defendant) k ? WA, mrp. Rvter M• Mvr?en4ki-4!,FsCq This block will be signed ONLY when this notation is required under Pa. If appellant wa Claimant (see Pa. R.C.P.D.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 SUPERSEDEAS to the judgment for possession in this case. somas of ProttwW.q or Deputy before a District 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. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon B r Q A. Che Name of appetlee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. ( Sig lure of appellant orallomey or agent RULE: To 1^q /- /? J r C /?CS?'Y1 L/?appellee(s) -Nam of 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 2/ , 20 ?? - 92 dn& V ignatum rothono 'y r YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRAN RIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURI FILE TO BE FILED WITH PROTHONOTARY JeK s1'nufi 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) , on , 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 o8r8nt Signature of offloat belors whom affidavit was made Title of oBical My commission expires on '20 AOPC 312A - 02 v g L7 a r-? C.r cart ?t 'T7 C7 Z .-? mot ' M W a Q) W J N2/1L`2Egb`_ul:b1 it/24b4b12 USAIJC DGLM PAGE 02 COMMONWEALTH OF PENNSYLVANIA COUNTYOF: C0M"IANO Maq. 04t NP'. 09-3-01 MDJ Names Hon. BAROW E. SENDER "f1tl1B, 35 X ORA S ST SEIPPEN8811R0, PA Teiephme (717) 532-7675 11157-0361 NOTICE OF JUDGM?NVTRANSCRIPT CIVIL CASE PLAINTIFF: -? VAME nnc ADDRESS f-c"OTpi W, 'I'll Mix ?* 33 PORRXNX 1(ILG RD SSIPPEASRMG, PA 17257 L DEFENDANT: rHOlK, JOSEPJI 0 23 X PIN OAK DR ROZL"M SPR[NGS, s Vs. NAME Cm ADDRESS PA 17007 TOSXPR 0. YORK L J 13 N PIN OAK OR Docket No.: CV-0000011-05 )OILING SPR?S, FA 17007 Date Filed: 1/10/05 i J& PHIS IS TO NOTIFY YOU THAT: Judgment: red PT-AmnIz _ ® Judgment was entered for (Name) r:•w,fea33=, SIADLXr A ® Judgment was entered against: (Name)_ yCAX aa3Mx g a in the amount of S h Dae cD on: (Date of Judgment) Defendants are jointly and severally liable. (Date 6 Time) F-1 Damages will be assessed on: ) This case dismissed without prejudice. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Amount of Judgment, Subject to Attachment/42 Pa.CS. § 8127 $ h Portion of Judgment for physical damages arising out of residential lease $ Judgment Credits $ Judgment Costs $_ Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE 0 : APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU M JST 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 JI OGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST C: )ME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE i. REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, S :7TLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,Date __Q??e-rcr 1. G/ , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January. 2006 SEAL 0OPC8J5-05 DATE PRIIRYED: 2/06/08 4:23:01 PN ti HttFtw'',h' e??6IJRGp Ln 17- 0 O i" Co rF I i l t a ? t-u t1J r >ut I ? IF } Sf eel Acf i' IF` IwP06 xn: Z' cry sl ? 2 ? i r r0 ? (This proof r- COMMONWLo, COUN ry OF AFFIDAVIT: 4 sf, M1 C3 (Er Game I fief ? , f1iI N (??mlf .liven Lt) 31 ? ?- - f Tat, po" r6 F.3 :1 l3cwtde? o -- -• ............ . .. . ? - ---- Mrs ?t ne r r -12 N- ?7 pl I p N- OF SERVICE OF NOTICE OF APPEAL AND RULE I UST BE FILED WITHIN TEN (10) DAYS AFT=R Piling of t't = ( ,r D NSYLVANIA 1, 1tr A n d _ as t`wear) (a f*m) that i served 1 ' Cf lii,N r E COMPLAIN-4-i 71 ?- R appeal. Check aripl}cable boxes-) - !'he Notice of Appeal, Common Pleas No.OS' I f 2 Y, Upc ":-'ct Justice designated therein on 3urvice) M -ircrl_ -7 ,..'O..Q?? ? by persona srni ,? V<by (certified) (4&4, 44eKed) mail, receipt attached hereto, and Upon the appellee, (narne) on -7 20 05"` ? by pelsanat serv,cE V 4: y (cOdifi'ed) (regis4c!etl) mail, receipt attached hereto. (SWORN) (AFHF .!f 14D SUBSCRIB D BEFORE ME THIS , 20 d6? _Q?saa1_?I•(! Si?nnfl.vo oJCfli, ir?he- I'N Stlovlt s maele x(190/ iGdl - My co mi LO E. SNY711L NO" Pd* i r• 0 E? ??? + ?1 ?,? Srgn,h;re o1,nf77ant 1..,1 CJ V N C? ca -'n j` •.I_ `tl C.i W x ?- F AOPC 312A - 02 L:UMIVIUNVVtAL I M Uh F'tNNb-7 LVhWAA- COURT OF COMMON PLEAS "JA Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 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 rendered by the District Justice on the date and in the case referenced below. ADDRESS OF,JAPPELLApN I CRY STATE ZIP CODE DATE OF JUD MEANT{ y IN THE CASE OF Plalniilf) (DefenaanQ ,Z t.l Y d_' r P'i - VS DOCKET No. SIGNATU. f}EOF+pPPELLANT OR AT TORNEY OR 4 40T p J y l,,fer r /p,. _ {./ 4.n k?r «-. ?''t ?F 1r?_.i iry j t M Iri Yw'• f..r?'I y'?Ii%r?Y.'I`..A G'^...? a This block will be signed ONLY when this notation is required under Pa. It appellant was (Claimant (see Pa. R.C.P.D.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 MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgnato. of Pmlh.r .' 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 ;p f; appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. T` sigttArure o/appellant or altomey or agent ?^e RULE: Torn ?;( •,? P-? >;'I 7 L' ,. 7... appellee(s) Namwofappellee(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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: > 20 .... . , .,. ,.... _. ignarure of rotnonofery rDepuly YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE Bradley A. Chestnut vs. Joseph O. York 2005-1124 Civil Term Return Receipt Cards - Service of Notice of Appeal Filed by Roger M. Morgenthal, Esquire III omplete items 1, 2, and 3. Also complete em 4 if Restricted Delivery is desired. ¦ riot your name and address on the reverse o that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: rlw, , Hu Po jd ?eY A. Sig t a 2?/ WlAgenf 'L- ? Adores e Received b' (Printed Name) C. Date of Dative yEUrc' a 7i `? D. Is der address oiffarem from item 1? ? Yas If YES, enter delivery address below:, ? No 3. Service Type IiqCertified Mail Q Express Mail ? Registered ? Return Receipt for Merchandise ? insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) D 2, Article Number L/ -7 a '1 3 (Tm fer fro sere' I beg (7 l9 _ 2 j?? O ^ OD (7 - `r Domestic Return Receipt 10253502 lsao PS Form 3811, February, 2004 ¦ mplete items 1, 2, and 3. Also complete I m 4 if Restricted Delivery is desired. ¦ riot your name and address on the reverse so that we ran return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: M Y7, erg 33 Forev?w? V??i`fl ??, A. x B. Date of Delivery f rlgr# 6- VO V E 13 -?3 D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Seryiee Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) lll Vas 2, 4.rticte Number 7 _ (Transfer from service label) -`] G C Y^ L S I U^ ?)(? C .? - 6S^ 2 y- /?, 6 6 PS Form 3811, February 2004 Domestic Return Receipt b r 1 z59W2-M-1540 i F Et 1 1 BRADLEY A. CHESTNUT, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COU Y9 PENNSYLVANIA V. JOSEPH O. YORK, NO. 05-1124 Civil Term NOTICE You have been sued in court. If you wish to defend against the claims following pages, you must take action within twenty (20) days after this complain served, by entering a written appearance personally or by attorney and filing in court your defenses or objections to the claims set forth against you. You are w; fail to do so the case may proceed without you and a judgment may be entered ag court without further notice for any money claimed in the complaint or for an. relief requested by the plaintiff. You may lose money or property or other rights ii set forth in the and notice are niting with the med that if you iinst you by the other claim or iportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONC . IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL PHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION A; LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS 4 ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AI MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 OR 1-800-990-9108 Defendant HIRING A E MAY BE ES THAT JCED FEE WEIGLE & ASSOCIATES, PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG.IPA 17257-1397 BRADLEY A. CHESTNUT, Plaintiff V. JOSEPH O. YORK, Defendant IN THE COURT OF OF CUMBERLAND PENNSYLVANIA NO. 05-1124 Civil Term COMPLAINT NOW COMES the Plaintiff, Bradley A. Chestnut, by the through his a Webber, Jr., and Weigle & Associates, P.C., and files this Complaint, averring Count I - Breach of Contract 1. Plaintiff is Bradley A. Chestnut, an adult individual residing at 33 Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Joseph O. York, an adult individual residing at 23 North Boiling Springs, Cumberland County, Pennsylvania 17007 3. Plaintiff performs auto body and mechanical work. 4. At all times relevant hereto, Defendant owned a 1933 Chevrolet Street (hereinafter referred to as "vehicle"). 5. On or about March 20, 2003, Plaintiff and Defendant had initial autobody work for Defendant's vehicle to be performed by Plaintiff. 6. Plaintiff and Defendant discussed the scope of the work and an estimated 7. Defendant indicated that he wanted Plaintiff to "smooth up the whole car". 8. Shortly after Plaintiff commenced work on the vehicle, Defendant i labor specifications beyond the scope of the parties original discussion. 9. On or about August 23, 2004, the parties agreed that Plaintiff would work that was not previously discussed. 10. On or about August 23, 2004, Plaintiff and Defendant entered into a relating to the vehicle. 11. The terms of the agreement were as follows: PLEAS Richard L. Mill Road, Oak Drive, motor vehicle relating to range. additional additional agreement WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, IPA 17257-1397 A. Plaintiff would repair and paint the body and body parts of the vehicle as requested by Defendant; B. Defendant would pay Plaintiff the sum of Twenty-five Dollars ( 25.00) per hour for Plaintiff's services; and C. Defendant would pay for all paint and other materials necessary. 12. Plaintiff began working on the vehicle on March 20, 2003. 13. Plaintiff purchased materials for the vehicle totaling Four Hundred Sev ty Dollars and Fifty-two Cents ($470.52). 14. Defendant paid Six Hundred Dollars ($600.00) as a deposit towards costs. 15. On or about January 7, 2005, Plaintiff notified Defendant that Plaintiff had 150.50 hours of labor on Defendant's vehicle. u 16. Defendant refused to pay Plaintiff for any labor provided by Plaintiff. 17. On January 10, 2005, Plaintiff paid a filing fee to District Justice Harold . Bender in the amount of Eighty-five Dollars and Fifty Cents ($85.50). 18. Defendant owes Plaintiff the sum of Three Thousand Seven Hundred Eight en Dollars and Fifty-two Cents ($3,718.52), calculated as follows: $3,762.50 Labor (150.50 hours at $25.00 / hour) + $ 470.52 Materials + $ 85.50 Filing fee at District Justice Office $ 600.00 Costs advanced $3,718.52 TOTAL OWING 19. Defendant refuses to pay Plaintiff any portion of the amount owed to Plainti 20. At all times relevant hereto, Plaintiff provided all services in a reasonable and workmanlike manner. WHEREFORE, Plaintiff respectfully requests judgment in his favor and ag 'nst Defendant in the amount of Three Thousand Seven Hundred Eighteen Dollars and F fty-two Cents ($3,718.52), plus costs and other appropriate relief. Count II - Ouantum Meruit WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, A 1725]-139] In the event that it is determined that no oral agreement existed, in fact, o in law, between Plaintiff and Defendant as alleged in Court 1, Plaintiff alleges as follows: 21. Paragraphs 1 through 20 above are incorporated by reference herein as though set forth in full. 22. From March 20, 2003 to January 7, 2005, Plaintiff, at the oral request ' Defendant and with Defendant's knowledge and acquiescence, provided services an materials with respect to Defendant's vehicle. 23. In the course of Plaintiff's work, Plaintiff furnished labor and materials as 24. The fair market value of the materials and labor provided to that remains owing is Three Thousand Seven Hundred Eighteen Cents ($3,718.52). 25. Defendant has refused to pay Plaintiff the fair value of the materials although the same is due. WHEREFORE, Plaintiff respectfully requests judgment in his favor and in the amount of Three Thousand Seven Hundred Eighteen Dollars and ($3,718.52), plus costs and other appropriate relief. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., E. Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 forth above. it by Plaintiff and Fifty-two labor furnished Defendant wo Cents WEIGLE & ASSOCIATES. PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, IYA 1725 7-1397 VERIFICATION I verify that the statements made in the foregoing Complaint are te and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: 151 ????`C Bradley A. Chestnut, Plaintiff WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. drA 17257-1397 ?] 1? > ?) 17 ? -? (r? -?. 1.a _ :.'a !`.? 1 GJ ,, ?_? ?`.) 4 _ ?[) tJ.7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY A CHESTNUT, Plaintiff V. JOSEPH O. YORK, Defendant NO. 05-1124 Civil Term NOTICE TO PLEAD To: Bradley A. Chestnut, Plaintiff: You are hereby notified to file a written response to the enclosed New Matter and Counterclaim with twenty (20) days from service hereof or a judgment may be entered against you. e Roger M. Morgenth , Esquire Attorney for Defendant Attorney ID# 17143 2515 North Front Street Harrisburg, PA 17110 (717) 909-4383 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY A CHESTNUT, Plaintiff V. JOSEPH O. YORK, Defendant NO. 05-1124 Civil Term AND NOW COMES Joseph O. York, Defendant in the above matter, by his Attorney, Roger M. Morgenthal, Esquire, and states the following Answer, together with New Matter and Counterclaim: ANSWER 1. Admitted. 2. Admitted. Count I - Breach of Contract 3. It is admitted that Plaintiff holds himself out to the public as being in the business of performing auto body and mechanical work, but Defendant is without further knowledge as to Plaintiff's credentials, training or other aspects of said business, and proof if relevant is demanded at trial as to those matters. 4. Admitted. By way of further answer, said vehicle is a rare model of all-steel construction that has substantial value for a collector of such automobiles. 5. Admitted. By way of further answer, the date was March 17, 2003. 6. Admitted in part and denied in Part. It is admitted that the parties had a discussion on March 17, 2003, as to the scope of the work as set forth in the previous answer to paragraph 5, but it is denied that there was a discussion of an "estimated price range." On the contrary, after negotiation, Plaintiff on that date quoted Defendant a firm price for labor of Twelve Hundred Dollars ($1,200.00) for the entire job, with Defendant to supply necessary paint and materials at his expense, entered into an oral contract and accepted Defendant's Six Hundred Dollar ($600.00) initial payment to finalize the contract. 7. Admitted that Defendant referred to the automobile being made "smooth" or having a "smooth look." However, by way of further answer, "smooth" is a term of art with regard to construction of such street rod automobiles, in that it means that all door handles and other protruding parts are removed and careful body work is needed to achieve the desired result. Denied. On the contrary, Defendant did not request any additional work but actually requested less work, because Defendant himself did additional work to strip paint and prepare the car for Plaintiff s services which was not part of the original discussion. 9. Denied. On the contrary, no additional agreements were reached as to any additional work, as more particularly noted in answer to paragraph 8 above. 10. Denied. On the contrary, the only agreement between the parties was concluded on March 17, 2003, as noted in answer to paragraph 6 above. 11. Admitted in part and Denied in part, as follows: A. Admitted. B. Denied. On the contrary, a flat fee of Twelve Hundred Dollars ($1,200.00) was quoted to Defendant, payable one-half in advance and the balance upon completion of the work. No discussion or agreement occurred as to an hourly charge. C. Admitted. By way of further answer, and as more particularly set forth in New Matter below, Defendant paid a total of One Thousand Three Hundred Ninety-six and 24/100 Dollars ($1,396.24) for paint and materials, partly to vendors and partly to Plaintiff. 12. Denied. After reasonable investigation, Defendant is without knowledge of the date when Plaintiff began any work on the vehicle, and proof if relevant is demanded at trial. 13. Admitted, but by way of further answer, and as more particularly set forth in New Matter below, Defendant reimbursed Plaintiff in full for said expense on October 13, 2004, by his check number 473, a copy of which is attached hereto as "Exhibit A." (The amount was $475.64 and not $470.52.) 14. Admitted that Defendant paid to Plaintiff the sum of Six Hundred Dollars ($600.00) on March 17, 2003 by check number 645, but it is denied that it was for 2 "costs." On the contrary, it was the requested payment of one-half of Plaintiff s quoted price payable in advance of work beginning. 15. Denied. On the contrary, Plaintiff did not at any time render any bill to Defendant prior to commencing the District Justice action, and in any event, the contract provided for a flat fee of Twelve Hundred Dollars ($1,200.00) for the job, without regard to the amount of time involved. 16. Admitted that Defendant refused to make any further payments to Plaintiff, but by way of further answer, and as more particularly stated in New Matter below, the refusal to make any further payments was because Plaintiff had failed to complete the contract, having painted only a few of the vehicle parts and having done substandard work on the items painted. 17. Denied. Such information is within the sole knowledge of Plaintiff, and proof if relevant is demanded at trial. 18. Denied. On the contrary, as more fully set forth below in New Matter and Counterclaim, Defendant does not owe any amount to Plaintiff. 19. It is admitted that Defendant refuses to pay any further sums to Plaintiff, but it is denied that any amount is "owed" to Plaintiff. On the contrary, Plaintiff is indebted to Defendant in the amount set forth below in the Counterclaim. 20. Denied. On the contrary, and as more fully set forth in the New Matter and Counterclaim below, Plaintiffs work was not done in a reasonable and workmanlike manner but rather was substandard, deficient in all respects, and not up to the professional standards for such work for tradesmen in Central Pennsylvania. WHEREFORE, Defendant respectfully requests judgment in his favor and that the Plaintiff s complaint be dismissed, with costs on Plaintiff. Count II -- Quantum Meruit 21. Defendant's answers to Paragraphs 1 through 20 above are incorporated by reference herein as though set forth in full. 22. Denied. On the contrary, 23. Denied. On the contrary, all materials were furnished or paid for by Defendant, and any the amount of any labor provided by Plaintiff is within the sole knowledge of Plaintiff, and proof thereof if relevant is demanded at trial. 24. Denied. On the contrary, Defendant furnished or paid for all materials used, and the labor done, if any, by Plaintiff was not up to professional standards and is therefore without any value, and the job was never completed. WHEREFORE, Defendant respectfully requests judgment in his favor and that the Plaintiff's complaint be dismissed, with costs on Plaintiff. NEW MATTER 25. Prior to any discussions with Plaintiff regarding the painting of the vehicle, Defendant had disassembled the car, removing all chrome, glass, body rubber, seats, interior, wiring, door and trunk handles and similar parts; mounted the car on a dolly for convenience in moving it; had a welding shop repair and fill all holes; did preparation to the surface to be painted; and purchased paint, paint supplies and sandpaper fro a vendor at the Fall 2002 Carlisle Car Show. 26. Defendant contacted Plaintiff based on a referral from a co-worker of Defendant, and Plaintiff agreed to come to Defendant's residence to look at the car, paint and supplies, and to give Defendant a proposal to do the work. 27. On March 17, 2003, Plaintiff met with Defendant at Defendant's residence, examined the car, paint and supplies, and initially proposed to do the work for One Thousand Six Hundred Dollars ($1,600.00), which amount was deemed excessive by Defendant, who countered with an offer of One Thousand Two Hundred Dollars ($1,200.00) plus furnishing all paint and supplies at Defendant's cost. 28. Plaintiff agreed to the offer of One Thousand Two Hundred Dollars ($1,200.00) plus furnishing all paint and supplies at Defendant's cost, and subject to payment of one-half of the total price at that time. 29. To confirm the agreement, Defendant gave Plaintiff his check number 645 in the amount of Six Hundred Dollars ($600.00), a copy of said check being attached hereto as "Exhibit B." 30. After receiving the said check, Plaintiff took various automobile parts, paint and supplies from Defendant's residence to Plaintiff's shop, having promised to do each part as he had time in the evening and weekends because he had a full time job at Keen Trucking. 4 31. In May, 2003, Plaintiff called Defendant to say that the paint furnished by Defendant would not work in Plaintiff's paint gun, and Defendant paid $283.01 to Defendant for the purchase of new paint recommended by Plaintiff. A copy of Defendant's check is attached hereto as "Exhibit C." 32. To facilitate the painting and to prevent incurring any additional costs, Defendant did additional paint removal and preparation work on the car himself because of Plaintiff s concern that the new paint would not stick to any old paint that remained on the surfaces of the vehicle. 33. Between May 2003 and August 2004, Plaintiff did very little work on the vehicle, making various excuses for his failure to complete the job including injury and the demands of other work or business activities. 34. In August 2004, Defendant contacted Plaintiff to inquire as to when the car would be finished, stating that Defendant needed it as soon as possible because he wanted to assemble the vehicle. 35. As a result of said inquiry by Defendant in August, 2004, Plaintiff requested Defendant to purchase additional supplies and promised to finish the job "right away" because he was not otherwise employed at that time. 36. On August 24 and 25, 2004, Defendant purchased additional supplies, paying $169.96 and $18.63 on said dates. 37. In October 2004, Defendant again contacted Plaintiff to inquire about progress on the work, stating that he wanted to complete assembly of the vehicle before cold weather arrived; but again Plaintiff offered excuses for the delay and requested the purchase of additional supplies. 38. On October 13, 2004, Defendant reimbursed Plaintiff for primer and primer filler in the amount of $475.64 by his check number 473, a copy of which is attached hereto as "Exhibit A," as previously noted above. 39. In December 2004, Plaintiff called Defendant to request that he pick up parts that had been painted because room was needed in the shop for other jobs, and as a result Defendant went to Plaintiff s place of business on December 21, 2004. 40. Upon going to Plaintiffs shop and viewing the work that was done, Defendant noted that only a small part of the total job had been completed, and the parts he picked up were filled with flaws, paint runs, insufficient paint coverage and edges buffed through, requiring that they be repainted, which Plaintiff agreed to do. 41. Plaintiff complained that it would take excessive work to straighten the bead on the running boards, so Defendant, to accommodate Plaintiff, ordered and purchased new running boards from a vendor at a cost of $400.00. 42. On January 7, 2005, Defendant called Plaintiff to report that the running boards had been delivered and asked to arrange a time to bring the running boards and the parts that needed repainted to Plaintiff's shop. 43. Plaintiff informed Defendant that he would need still more paint to complete the repainting and the rest of the job, and then stated: "By the way, you owe me $3,000.00 for the hours I have put into the car, and it will be $5,000.00 to finish the car." 44. Defendant was shocked and startled by Plaintiff s demand to change the terms of the contract, and said that he would pay Plaintiff the $600.00 balance of the contract price upon completion of the job. 45. Plaintiff told Defendant that "things had changed since our agreement." That he did not have a job and that he needed the money. 46. Defendant stated that if Plaintiff would not finish the job pursuant to the terms of the contract, he wanted work to stop and to pick up his car as soon as possible. 47. Further efforts to communicate with Plaintiff were not responded to, and the next communication from the Plaintiff was the District Justice Complaint. 48. Defendant eventually received a demand that the car and parts be picked up, which Defendant did promptly, and all items are in Defendant's possession. COUNTERCLAIM 49. Defendant's averments in Paragraphs 25 through 49 above are incorporated by reference herein as though set forth in full. 50. Plaintiff, by failing to complete the work pursuant to the terms of the contract; by attempting to change the price for the job from that agreed upon; by failure to credit or acknowledge payments by Defendant for paint and supplies in his claim; by failing to render a bill or other statement of account in writing at any time; and by his other actions and inactions described herein, has engaged in unfair and deceptive business practices as defined by the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. 201-1 et seq. 6 51. Defendant, as a result of Plaintiff's default in completion of the work contracted for, and as a result of the poor workmanship done and the wasting of the paint and supplies paid for by Defendant, will be required to have the work done by another contractor, at a price not yet determined. 52. Defendant claims damages for his losses incurred as a result of Plaintiff's practices, and in addition he claims damages pursuant to 73 P.S. 201-9.2 in a private action authorized by the Pennsylvania Unfair Trade Practices and Consumer Protection Act, including treble damages, costs and reasonable attorney fees. WHEREFORE, Defendant respectfully requests judgment against Plaintiff on the Counterclaim in an unliquidated amount that does not exceed the amount requiring referral to compulsory arbitration in Cumberland County, together with costs, reasonable attorney fees and such other relief including treble damages as may be claimed pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Act or otherwise ordered by the Court. Roger M. Morgen rat, Esquire Attorney for Defendant Attorney ID# 17143 2515 North Front Street Harrisburg, PA 17110 (717) 909-4383 VERIFICATION I verify that the statements made in the foregoing Answer, New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: 1 s vs- PAGE 12 JOSEPH 4 YORK OR '473 JARJCE G YORK 29 w PW C" on VoLso smmm, •s l7w - ; N arr ?$ usu e6ae??16?vraa s . 11 ?tl mr?onnw ., USA?4, r..?wawra+nr?wwa« .. a,w w?w.. raww+r++ t:3 14U 74 x'691: 11000?sm 2aoi.tlgr 7? QO'47564d' Check: 473 Amount:475.64 ?xft?6?f 'j9" .9i21?'95 11:4-' 7172454612 USAWC DCLM PaGE 09 imro.,t. ' :,,,;.yi Joeep6 0. Ynrk i q U t [t6c1 31 Q ?l'?»`+'.°n i 3 i OtJ 3 4 5 i Jea+ee G York lssompra j, w N. pl. W-twells r + _.1 J W r..M EDQFAL SAVSNO -ANK salsa uneewawTT rwr. ; .: ? SMI ANTma rx ]Etas 4511 i lwdX::r Y 'Ifla1 156ai/4''' ? a ?:3L?+fl??,c?69`: ?'Ofl?«,21?03+.?yu fl6 w1 090 cool', Check: 645 Anoun#:600.00 9,"16i?? ?1:44 7172454E1 USAWC: DCLM PAGE 10 .-I Page 1 C' XI 65N 1-297-7 SOO t Dame __ - 5S PA 17007.9401 assts ' I i 3$ 2 Z4P.0196 * Pfd 1? J$ ?M I «2i8i28z?.k 4 to ? Pa 30wi,==i Tracer: 506021683 - Amt: $2$3.01- M6/1003 i FRffi..FH.?Lf3ei?e1333IEI1 ??.. t7SAt t 29 ??.:.A31, OdcYOa47 O LT1 S t^9 7.. j05.06-03 I ? G :,!ter Jn S• Dd.' ,? IT' C Hrs. s T l 't'racer: 506021683 - Amt: $263.01- USIOW2003 ^ G> )lw g,•a H ? l E,X,ql,e /T " r` c) C , _ ,.. _a ? T. _ Ci '? _. r _. _??..? r- t i . i J BRADLEY A. CHESTNUT, Plaintiff V. JOSEPH O. YORK, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1124 Civil Term ANSWER TO NEW MATTER AND COUNTERCLAIM NOW COMES the Plaintiff, Bradley A. Chestnut, by the through his attorneys, Richard L. Webber, Jr., and Weigle & Associates, P.C., and files this Answer to New Matter and Counterclaim, averring the following: NEW MATTER 25. After reasonable investigation, Plaintiff is without sufficient information to form a belief as to the allegations. The allegations are therefore denied, and proof is demanded at trial. 26. Denied. Plaintiff agreed to provide an estimate to Defendant, not a proposal. 27. Admitted in part and denied in part. It is admitted that a meeting took place. It is denied that an agreement was reached at that time. Plaintiff provided an estimated range of One Thousand Eight Hundred ($1,800.00) Dollars to Two Thousand ($2,000.00) Dollars. Defendant made the offer of One Thousand Two Hundred ($1,200.00) Dollars. Plaintiff rejected the offer and indicated that he needed to inspect all the parts before discussing a price. Plaintiff later contacted Defendant and stated that Plaintiff would bill his time at Twenty-five ($25.00) Dollars per hour, which was less than his normal hourly rate. Defendant agreed to the proposed hourly rate. 28. Denied. Plaintiff did not agree to Defendant's offer of One Thousand Two Hundred ($1,200.00) Dollars. Plaintiff did require an initial payment of Six Hundred ($600.00) Dollars as an advance to be applied to costs, 29. Denied. Plaintiff requested the Six Hundred ($600.00) Dollar payment as an advance to be applied to costs. 30. Admitted. 31. Admitted. WEIGLE 6 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG. PA 17257-1397 32. Admitted. 33. Admitted. By way of further observation, Defendant stated that he was in no hurry to have the job completed 34. Denied. Defendant stated that he was in no hurry. Defendant stated only that he wanted to assemble the car during the winter months if possible. Defendant never indicated to Plaintiff that he needed the vehicle as soon as possible. 35. Admitted in part and denied in part. It is admitted that Plaintiff requested additional supplies. It is denied that Plaintiff promised to do the job right away. 36. Admitted. 37. It is admitted that Defendant contacted Plaintiff in October, 2004, and that Defendant indicated that he desired to assemble the car during the cold weather months. It is admitted that Plaintiff requested additional supplies. It is denied that Defendant stated that he wanted to assemble the car before the cold weather arrived. 38. Admitted. 39. It is admitted that Plaintiff requested that Defendant pick up parts. It is denied that Plaintiff stated that he needed room for other jobs. Plaintiff stated that he needed room to work on Defendant's car. In addition, Plaintiff was concerned that the parts could be damaged accidentally if he continued to store the parts for an extended period of time. 40. Denied. Plaintiff completed the work on the majority of the parts except for the main body. It is denied that the parts that Defendant picked up were defective except for two (2) parts which Plaintiff kept and agreed to redo. Plaintiff needed more paint to finish the other parts that remained in Plaintiff's possession. Defendant was satisfied with Plaintiffs work. 41. Admitted. 42. Admitted. 43. Denied as stated. Plaintiff did indicate that he had expended labor valued at Three Thousand ($3,000.00) Dollars. Plaintiff estimated that the total job could run up to Five Thousand ($5,000.00) Dollars. 44. Denied. Defendant made no such statements. Defendant stated to Plaintiff that he would pay Plaintiff a total of One Thousand Six Hundred ($1,600.00) for the job. 45. Denied. Plaintiff made no such statement. Plaintiff did state that the nature of the work changed since the parties' initial discussion. WEIGLE 4 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 172S7-1397 46. Admitted. 47. Admitted. 48. Admitted. COUNTERCLAIM 49. No response is required. 50. Denied. Plaintiff performed his obligations in a reasonable and workmanlike manner and at no time engaged in "unfair and deceptive business practices" as defined by the Pennsylvania Unfair "Trade Practices and Consumer Protection Act. 51. Denied. Plaintiff performed his obligations in a reasonable and workmanlike manner. 52. It is admitted that Defendant claims damages. It is denied that Defendant is entitled to damages. WHEREFORE, Plaintiff respectfully requests that Defendant's Counterclaim be dismissed and that judgment be entered against Defendant and in favor of Plaintiff. WEIGLE & ASSOCIATES, P.C. 'i i ., J By: Richard L. Webber, Jr., Esquire Attorney for Plaintiff I.D. No. 49634 126 East King Street Shippensburg, PA 17257 (717) 532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 125 EAST KING STREET - 5HIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in this Answer to New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: /f70S ?Cio--? - Bradley A. Chestnut, Plaintiff WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSISURG, PA 17251-1397 r.1 ?.. i ... - ? -f __?? . ", - ? ? ? _. C:\ ?:. __ r BRADLEY A. CHESTNUT, Plaintiff V. JOSEPH 0. YORK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1124 CIVIL RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard L. Webber, Jr. , counsel for the plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 3718.52 The counterclaim of the defendant in the action is an unliquidated amount not to exceed the amount requiring referral to compulsory arbitration. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Richard L Webber, Jr Est Roger M Margenthal. Esq Terry A. Weigle. Esa.. Joseph P. Ruane, Esq., Thomas L. Bright, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp tfully submitted, ORDER OF COURT AND NOW, , l9 , in consideration of the foregoing petition, Esq., and actions) as prayed for. Esq., Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. `?- ?< y E '??'`-. ',,,, , `S` ? ' ??., `. t . ?? j c?:, ? ?? '`..._ BRADLEY A. CHESTNUT, Plaintiff V. JOSEPH 0. YORK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1124 CIVIL RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard L. Webber, Jr. , counsel for the plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 3718.52 The counterclaim of the defendant in the action is an unliquidated amount not to exceed the amount requiring referral to compulsory arbitration. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Richard L. Webber, Jr., Esq.. Roger M. Margenthal. Esq. A. Weigle. Esq., Joseph P. Ruane, Esq., Thomas L. Bright, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp tfully submitted, foregoing petition, Esq., and _ actions) as ORDER OF COURT in cons'deratiorn/o?f the -0 Esq., W Esq., are appointed arbitrators in the above captio d action (or By the ourt, -~--" .J. ?.. is ?? .. . Y _ cr t1_. -= i--- --•g Lt t _, 1. o w p _ BRADLEY A, CHESTNUT Plaintiff in The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 5 --l 12 4 JOSEPH 0. YORK Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. S tore James D. Flower, Jr. Name (Chairman) -/?Saidis, Flower & Lindsay Duncan & Hartman Law Firm Law Firm. 26 West High Street Address One Irvine Row Address Carlisle, PA 17013 City, zip Carlisle, PA 17013 City, Zip j- fz Signature Kara W. Haggerty, Name v ay"'m & KU n i k t s Law Firm 36 South Hanover Street Address Carl i Glee PA 17013 City, zip *'?/.ZK?Y / 08 al' 4y 160.Z2,_ We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: _ (Note: If damaaes -for delay are awarded, they shall be separately stated.) Date of Hearing: 10 " A 2 - 6Ir iA ( tom - " Date of Award: J b - .jz -'p 3 Notice of Entry of Award Now, the ??Cday of Or- , 20dA, at ll ,a .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ -S6,ey) By: Prothonotary Deputy -7 Susan hartman Name . Arbitrator, dissents. (Insert name if applicable.) U w O ar t ?J 't-.x `w?