HomeMy WebLinkAbout05-5974
MICHAEL L. BANGS, ESQUIRE
I.D. #41263
429 SOUTH 18TH STREET
CAMP HILL, P A 170 II
(717) 730-7310
GREG A. ALT and JAIME L. ALT,
his wife,
Plaintiffs
vs.
STANLEY DEIMLER, t/dIb/a
Lemoyne Auto Service,
Defendant
NOTICE
ATTORNEY FOR PLAINTIFFS
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005 - ~97~
CIVIL ACTION
CIVIL
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cwnberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania l70l3
Telephone: (717) 249-3166
MICHAEL L. BANGS, ESQUIRE
I.D. #41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
ATTORNEY FOR PLAINTIFFS
GREG A. AL T and JAIME L. AL T,
his wife,
Plaintiffs
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 2005
CIVIL
STANLEY DEIMLER, t/dIb/a
Lemoyne Auto Service,
Defendant
CIVIL ACTION
COMPLAINT
AND NOW come the Plaintiffs, GREG A. ALT and JAIME L. ALT, his wife, by and
through their attorney, Michael L. Bangs, Esquire, and in support thereof files the following
Complaint:
I. Plaintiffs, GREG A. AL T and JAIME L. AL T, are husband and wife and adult
individuals who reside at 858 Lexington Place, Lewisberry, York County, Pennsylvania.
2. Defendant, STANLEY DEIMLER, is an adult individual who trades or does business
as Lemoyne Auto Service located at 2236 Old Gettysburg Road, Camp Hill, Cumberland
County, Pennsylvania.
3. On or about October 4, 2005, Plaintiffs brought their 1998 Honda Accord automobile
("Automobile") to Defendant for an annual inspection and emissions test.
4. On or about October 5, 2005, Defendant contacted Plaintiffs and indicated that the
Automobile did not pass the emissions test and needed a replacement of an EGR Valve and an
idle air control valve.
5. Plaintiffs, in reliance upon the expertise of Defendant, authorized the repairs as
indicated so that the Automobile would pass the inspection and emissions test.
6. Defendant contacted Plaintiffs and indicated that when he had taken the Automobile
on a test drive following the completion of the repairs, it blew a gasket :md there would be an
additional $1,000.00 charge for those repairs.
7. Defendant was advised by Plaintiffs not to do any further work on the Automobile and
that they would take it to another location.
8. Defendant refused to release the Automobile until the invoice for the work that he
performed on the Automobile was paid in the amount of $393.94. Attached hereto and marked
as Exhibit A is a true and correct copy of the invoice.
9. Plaintiffs took the Automobile to another service repair station to determine the extent
of the damages and the cause of the damages.
10. Plaintiffs were advised that the engine had been ruined due to overheating and the
overheating was caused by a gasket missing from the idle air control motor.
II. Plaintiffs subsequently had the Automobile repaired and the cost of the repair was
$4,382.36. Attached hereto and marked as Exhibit B is a true and correct copy of the invoice for
the repairs.
COUNT I
NEGLIGENCE
12. Paragraphs I through 10 are incorporated herein by reference as if more fully set
forth.
13. Defendant undertook the repairs to Plaintiffs' Automobile.
2
14. Defendant had a duty to make those repairs in a good and workmanlike fashion and
to return the Automobile to Plaintiffs with the repairs completed.
15. Defendant was negligent in the completion of the repairs to Plaintiffs' Automobile in
accordance with the following:
A. Failure to properly complete the repairs to the EGR valve and idle air
control valve;
B. Failure to replace all pieces and gaskets to the idle air control motor;
C. Failure to properly test the Automobile prior to running the engine; and
D. Failure to take all reasonable steps necessary to ensure that the engine
would not be destroyed when he completed the test drive.
16. As a result of the negligence of Defendant, Plaintiffs have incurred damages in the
amount of $4,776.30.
17. The damages incurred by Plaintiffs were the direct and proximate result of the
negligence of Defendant in failing to complete the repairs to Plaintiffs' Automobile properly.
WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of
$4,776.30, plus interest, plus costs of suit.
COUNT II
BAILMENT
18. Paragraphs I through 17 are incorporated herein by reference as if more fully set
forth.
19. Plaintiffs delivered their 1998 Honda Accord to Defendant for purposes of having all
necessary repairs completed to the automobile so that it would pass its annual inspection and
emissions test.
3
20. Defendant agreed to perform the work necessary on the Automobile in order to
ensure that it would pass the annual inspection and emissions test.
2 I. While the Automobile was in the custody and care of Defendant, the engine on the
Automobile was destroyed.
22. Defendant returned the Automobile to Plaintiffs without the repairs having been
completed as promised and with the Automobile's engine having been destroyed.
23. Defendant had an obligation to return the Automobile entrusted to him by Plaintiffs
with the proper repairs made such that it would pass the annual inspection and emissions test.
24. Defendant caused the destruction to Plaintiffs' Automobile engine by his failure to
complete the repairs properly which resulted in the destruction of the engine.
25. Since Defendant returned the Automobile with a destroyed engine to Plaintiffs,
Plaintiffs were required to have the Automobile fixed by another dealership so that it would be in
the same or substantially the same condition that it was at the time that it was entrusted to
Defendant.
26. In order to return the Automobile to the same or substantially the same condition that
it was at the time the Automobile was entrusted to Defendant, Plaintiffs incurred damages for the
repair of the Automobile in the amount of$4,382.36 which is evidenced by Exhibit B which is
attached hereto and made a part hereof.
27. Plaintiffs also incurred damages for amounts charged by Defendant which they were
forced to pay in order to remove the Automobile from Defendant's premises in the amount of
$393.94 which is evidenced by Exhibit A which is attached hereto and made a part hereof.
4
28. The repairs made by Defendant were not done with ordinary care and were done in a
negligent manner that caused further damage to Plaintiffs' Automobile.
29. Defendant is liable to Plaintiffs in the amount of $4,776.30 as a result of his failure to
deliver the Automobile back to Plaintiffs in the same or substantially the same condition as it
was prior to delivery, inclusive of making the repairs necessary for the Automobile to pass the
annual inspection and emissions test.
WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of
$4,776.30, plus interest, plus costs of suit.
Respectfully submitted,
MIC AEL L. BANGS
Attorney for Plaintiffs
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
5
VERIFICATION
We hereby verify that the statements made in the foregoing document are true and
correct. We understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
Date: /VOV, )iP1 2CC5
~(}tltf
GRE T
~ '
rn1Atl ~ WI
JAI L.ALT
6
EXHIBIT A
I
Lemoyne Auto Service
2236 Old Gettysburg Road
Camp Hill, PA 17011
717-731-4770
Invoice
Date
Invoice #
10/5/2005
4640
Bill To
Vehicle Info
GREG AL T
858 LEXINGTON PL
LEWISBERRY. PA 17339
938-2540
576,1776 C 645-5339
98 HONDA ACCORD
t HGCG I65XW A002490
JME98
111662
P.O. No.
Terms
Qty Description Rate Amount
OIL , LUBE & FILTER - REPLACE UP TO 5 QUARTS OIL , 16.88 t6.88T
INSTALL NEW OIL FILTER, LUBRICATE CHASSIS WHERE
NECESSARY, CHECK TRANSMISSION FLUID LEVELS,
ADD IF NEEDED; TOP OFF POWER STEERING FLUID ,
BRAKE FLUID & WINDSHIELD WASHER FLUID. CHECK
COOLANT LEVEL. INSPECT BELTS & HOSES, CHECK AIR
FILTER. & CHECK AIR IN TIRES.
IDLE AIR CONTROL 290.68 290.68T
EGR VALVE 193.78 193.78T
EMISSION TEST: COMPLETE EMISSION TEST 29.99 PLUS 34.14 34.14T
$4.15 FOR STATE FEE
I FUEL INJECTION SERVICE, CLEAN FUEL INJECTORS, 69.99 69.99T
CLEAN ISCI ASC MOTOR AS REQUIRED CLEAN TIIROTILE
BODY INTAKE, VISUALLY INSPECT FUEL PUMP, PRESSURE
REGULA TOR, VACUUM LINE AND CONNECTIONS,
DECARBONIZE COMBUSTION CHAMBER AND PISTONS.
2 REMOVE AND REPLACE EGR VALVE AND IDLE AIR 56.00 112.00T
CONTROL
6 AUTOLITE SPARK PLUGS 4.30 25.80T
Sales Tax (6.0%)~.
--.--....
T tal'
~q3. q~
.~ ~,~~~
COMMONWEALTH OF PENNSYLVANIA 11111111[111111111111111111[11111111111111111111111111IIII11III1111I111I111I1111111I11111I1111111111
VIN 1HGCG165XWA002490
VEHICLE EMISSIONS INSPECTION REPORT 111111111111111111111111111111111111111111111111111111111III1I111111I1
VEHICLE INFORMATION
'"
Year: 1998 Make: HONDA Model: ACCORD
VIN 1 HGCG165XWA002490 Engine Size: 3.0 L Cylinders: 6
Odometer: 111662 GVWR: 0000 Estimated Test Weight 3500
License: JME98 Inspection Type: INITIAL Record Number: 000627
County: YORK
EMISSIONS CONTROL SYSTEMS VISUAL/FUNCTIONAL INSPECTION
Air Injection System NA Catalytic Converter NA Fuel Cap Integrity: PASS
PCV Value NA Fuel Inlet Restrictor NA
Exhaust Gas Recirculation NA Fuel Evaporation Control NA
OBD EMISSIONS INSPECTION
MIL BULB KOEO PASS OBD FAULT CODE RESULT: FAIL
MIL BULB KOER: PASS OBD READINESS RESULT PASS
MIL COMMAND STATUS: FAIL OBD-IIM CHECK RESULT: FAIL
DTC(s): P1491 P0505 P0401
Onlv the first five DTC(s) will Print. Check the OBD for additional DTCI s)
OVERALL TEST RESULTS: FAILED
Emissions Control Systems VisuallFunctionallnspection: PASS
OBD Emissions Inspection: FAILED
Sticker:
TIN:
RETAIN THIS DOCUMENT FOR USE ON RE-INSPECTION.
RETURN THE VEHICLE TO THE SAME STATION WITHIN THIRTY (30) DAYS FOR ONE (1) FREE RETEST.
This vehicle has failed the emissions inspection" REPAIRS SHOULD BE MADE TO PASS RE-INSPECTION OR QUALIFY FOR A WAIVER All
emissions related repairs performed must be documented by the inspection station. This insoection reeort Emissions Related Reoair Data form
and cODies of the reoair receiDts must be made available to the insoection station at the time of re-insoection. Vehicles that fail the emissions
inspection may be eligible for warranty coverage for the required repairs. Check with your service providers on your vehicles' emissions warranties.
In order for a vehicle to receive a "WAIVER", the following requirements must be met.
1. REPAIR WORK MUST BE APPROVED BY A CERTIFIED REPAIR TECHNICIAN OR OTHER COMMONWEALTH APPROVED
INSPECTOR.
2. Emissions related repair expenditures must have been at least $150.00
3. Copies of the repair receipts for emissions related repairs must be provided to the inspection station.
4. Repairs were performed no earlier than 60 days prior to the initial inspection.
5. Repairs must be appropriate and related to the cause of failure.
Vehicle tested in accordance with Pa. Code Title 67. Chapter 177
EMISSIONS INSPECTION STATION
STATION #: 6359 INSPECTOR NAME: STANLEY DEIMLER JR
STATION NAMELEMOYNE AUTO SERVICE
ADDRESS 2236 OLD GETTYSBURG RD EQUIPMENT #: SE006693
PHONE 7177314770 SOFTWARE VERSION 0403
VEHICLE EMISSIONS INSPECTION QUESTIONS: For (
additional information, please contact the Customer Hotline at Inspector's /
(BOO) 265,0921. Signature:
.~
Test Start Date/Time:10/03/2005 @08:45
Title: 5143328650
EXHIBIT B
BC)t:;B\' ,HAHAL: H~~fHD;~
t,6% CAR~ISLE ?I<:E
"iECHAHICS8\J'G, F'!1 l?i}:,0
iHi~. ~: 1'2. ~h
.,.~?,!#
-,_:.:.
12~:j!;
1::-_;8
j!}}:,S2'j(,4
-':-':i4128
1HL
_~_.~.-.-". 7_-'
-'F.q.,~>:.,..i:.,-", ,.:.''Q.
C:U~3TCWiEC: C:C,P\'
Bobby Rahal Honda
6696 Carlisle Pike
Mechanicsburg, Pa. 17050
Phone (717) 766-4300
www.bobbyrahaI.com
CLlENTfIID.
25761
ADVISOR INVOICE DATE INVOICE NO
Jason Leed 10/14/05 Hocs662974
LABOR RATE LICENSE NO. COLOR STOCK NO.
JME98 EMERALD GRE
JAMIE ALT
858 LEXINGTON PL
LEWISBERRV. PA 17339
YEAR I MAKE I MODEL DELIVERY DATE DELIVERY MILES
98/HONPA/ACCORPEX V6/SDN AT v6
VEHICLE LO. NO. SELLING DEALER NO PRQOUCTlON DATE
1 H G C G 1 6 5 X W A 0 0 2 490
F. T.E.NO.
P.O, NO.
''1'ff''!},~ - 2 5 40
''i~~~-5339
COMMENts
] REEN
LABOR & PARTS- - -'''''''''...... -" --...... --........ --......" ,---- --.... -- --,,,,--
J# .1. .14HOZ . -ENGINE.....'..:i..<.'i..ili."~,j;,~.:i):iL}:.'~11~1:ff.j{~~~SSfJ!Jlli'~2i.i1;_f:&,;;:ifi..:i<..
CUSTOMER STATES HAD VEHICLE AT ANOTHER GARAGE. REPLACEO lAC
AND EGR VALVES AND NOW GETTING CHECK ENGINE LIGHT ON. WAS
TOLD HEAD GASKET BLOWN. CHECK AND ADVISE.
TECHNICIAN INSPECTED VEHICLE AND FOUND COOLANT LEVEL LOW.
WHITE SMOKE EXITING EXHAUST. NOISE FROM BOTTOM ENO OF MOTOR.
POSSIBLY BENT CONNECTING ROD DUE TO VEHICLE OVERHEATING.
RECOMMEND REPLACING ENGINE ASSEMBLY.
TECHNICIAN INSTALLED USED ENGINE ASSEMBLY. RECHECKED
AND FOUND ALL OPERATIONS NORMAL AT THIS TIME.
IIINOTED GASKET MISSING FROM IDLE AIR CONTROL MOTOR
BETWEEN MOTOR AND INTAKE MANIFOLD. ALLOWING COOLANT TO
ENTER INTAKE MANIFOLD. CAUSING OVERHEATINGIII
PARTS"----QTY",FP-NUMBER""""""",DESCRIPTION,,"",.""..."",UNIT PRICE,
JOB ill PREOWNED,ENGINE ENGINE 2500.00
JOB 1 1 19411 ' PBA,A02 GASKET. FR. 3.38
JOB 1 1 19412.P8A,AOl GASKET. RR. 2.32
JOB 1/1 1 44018,S84-COl BOOT SET OUTBOA 26.44
JOB 1/ 1 1 50806,S87,ABO RUBBER. RR. 16.00
JOB 1/ 1 1 06175,P8C,A01 KIT. EGR PIPE 91.67
JOB 1/ 1 1 17220.PBC-AOO ELEMENT. AIR CL 23.68
JOB 1/1 1 90240 CLAMPS 2.50
JOB 1/ 1 2 OL999,9011 COOLANT TYPE,2 10.68
JOB 1/ 1 2 08200,9001 FLUID ATF,Zl 4.50
JOB 1/ 1 TOTAL PARTS
JOB 1/ 1 TOTAL LABOR & PARTS
.1380:.00
2500.00
3.38
2.32
26.44
16.00
91. 67
23.68
2.50
21. 36
9.00
2696.35
4076.35
...-----------..-----------.......-------........--.................--.....-......---.....---...
J#2+06HOZZl STATE
STATE INSP.
PA STATE INSPECTION STICKER 1/: 0027692
COMPLETE STATE INSP. PASSED
PARTS",..,QTY-"FP,NUMBER""""""."DESCRIPTION","".,."""",.UNIT PRICE,
JOB /I 2 TOTAL PARTS 0.00
JOB /I 2 TOTAL LABOR & PARTS 16.00
--...----------------.....---------.........------..........---.........-........-.--.....---...
JII 3+06HOZZEMISSTEST EM,SSION"'I1osT:)'''''i..' y"';0' !i;"i!~,\;iil:;;.'.::lti~r.jf,E~~e,Sf'!ii!1IlI~i;M:!W:W''''!j))if.;! .,"."";0;.:,.... "3Yka5
CUSTOMER REQUESTS STATE EMISSION TEST BE PERFORMED
- PERFORM EMISSION TEST PER STATE REGUALTIONS
I TECHNICIAN PERFROMED EMISSION TEST. VEHICLE PASSED EMISSION
. REGULATIONS.
~ PARTS" - -- ,QTY -- - FP - NUMBER - - - - , - . . .. -- -- ,DESCRIPTION-- -- --", . -- -- -- -- --UNIT PRICE,
~ JOB 1/ 3 TOTAL PARTS 0.00
;;;
~ JOB /I 3 TOTAL LABOR & PARTS 37.55
Ul _......._..______._....._..........._.______..............---..........---.......----......--.-.
1. 3og.~} SUP~L6ESS-rA-rE' iNSP' s-ricKER'" --, --'@"----2:000--'iuNi-r------'..,,"--,.., 2.00
~ JOB /I 3 1.0 MCI TRANSACTION FEE @ 2.400 IUNIT 2.40
1
1-
.,l! PAGE 1 OF 2 CUSTOMER COPY (CONTINUED ON NEXT PAGE] 02: 11 pm
R. O. DATE
10/07/05
REPRINT# 3
MO: 111695
Thank Yon
for choosing
Bobby Rahal
for servicing your
vehicle. Our entire
staff works hard
to make sure you
are 100% satisfied.
Thank You Again!
Bill Bain
(717) 766-4300
Visit
www.bobbyrahal.com
for your next
service
Appointment!
CAR WASH HOURS
Monday - Friday
7:00am - 7:00pm
Saturday
9:00am - 4:00pm
Sunday: CLOSED
SF801230(04J(l11
Bobby Rahal Honda
6696 Carlisle Pike
Mechanicsburg, Pa. 17050
Phone (717) 766.4300
www.bobbyrahal.com
CLI€r.'TNO.
ADVISOR
Jason
LASOflRATE
Leed
I L'CjME98
4081 TAG NO
I MILEAGE
I 111,648
25761
JAMIE ALT
858 LEXINGTON PL
LEWISBERRY, PA 17339
YEAR I MAKE f MODEL
98/HONDA/ACCQRD EX V6/SDN AT v6
VEHICLE !.D. NO
1 H G C G 1 6 5 X W A 0 0 2 490
F.T,E.NO.
..r-e.NO.
""'i'f::'91'fj-2540
1''i''7'~ff~-5339
COMMeNT$ " . : :
"
TOTAL ' GOG
ESTIMATE" 'u'' -"""".."""""", _ _"""" _"" _, _ ___", _, _ _",'" _, "",'
CUSTOMER HEREBY ACKNOWLEDGES RECEIVING
ORIGINAL ESTIMATE OF $69.00 (+TAX)
APPROVED REVISED ESTIMATE (# 1) OF $4500.00 (+TAXl ON 10/10/05 AT 11:32am
BY GREGORY ALT COMMENTS CUSTOMER AUTHORIZED NEW LONG BLOCK.
COMMENTS, , - , , , , '" u u , , , , , _ . _ , , , , , , . . . , ' , , , , , , , , __ , , , , , , __, , _ , , , ,_, u ' , , , , . _ ' , , , " ,
TOW IN.69/HR'JL
PA STATE INSPECTION DUE: 10/06
COOlANT GOOD TO ,34 DEGREES.
FRONT TIRE TREAD DEPTHS: 10/32
REAR TIRE TREAD DEPTHS: 2I32(VERY LOW)
TIRE PRESSURES SET TO FACTORY SPECS.
FRONT BRAKE PAD DEPTHS: 11/32
REAR BRAKE PAD DEPTHS: 8/32
PA STATE INSPECTION STICKER #: 0027692
THANK YOU FOR CHOOSING BOBBY RAHAL SERVICE!
RECOMMENDATIONS"""""""""."" _"""", _"""""" _"""""",.""""
TECH 185 RECOMMENDS:
REPLACING REAR TIRES VERY SOON DUE TO LOW DEPTHS.
4 WHEEL ALIGNMENT WITH TIRE REPLACEMENT.
NOTED COOLING FAN MOTOR NOT OPERATING. NOT DUE TO ENGINE
OVERHEATING OR REPLACEMENT.
NOTED POSSIBLE DAMAGE TO CATALYTIC CONVERT DUE TO ENGINE MISFIRE.
TOTALS" - - -"""'..'"""",,, _"" _...,,""," _, _""," _,,'" _." _ _"",., _ _""""", .,,'
4.40
TOTAL LABOR. _ _.
TOTAL PARTS....
TOTAL SUBLET...
TOTAL G.O.G....
TOTAL MISC CHG.
TOTAL MISC DISC
TOTAL TAX.... _.
TOTAL INVOICE $
143:1. 55
2696.35
0.00
4.40
0.00
0.00
248.06
4382.36
j
3 CUSTOMER SIGNATURE
~ **************************
,
,
!
o U P LIe ATE I N V 0 ICE ***************************
;
~
,
I
.
l
1Il PAGE20F=2
CUSTOMER COPY [ END OF INVOICE J 02:11pm
INVOICE DATE
10/14/05
COLOR
EMERALD GRE
INVOIClONO
HOCs662974
STOCK NO
DELIVERY DATE
DELIVERY MILES
SELLING DEALEA NO
PRODUCTION DA.TE
R.Q,DATE
10/07/05
REPRINT# 3
MO: 111695
Thank Y 00
for choosing
Bobby Rahal
for servicing your
vehicle. Our entire
staff works hard
to make sure you
are 100% satisfied.
Thank You Again!
Bill Bain
(717)766-4300
Visit
www.bobbyrahal.com
for your next
service
Appointment!
CAR WASH HOURS
Monday. Friday
7:00am-7:00pm
Saturday
9:00am-4:00pm
Sunday: CLOSED
SF6l)1230(04IOlj
:;z) (:J ~
7J: 7': f.f'/
~ U1
...... U(
~ 6"- C>-
....... U)
D ..s.::: ~
--0 -.c:.
~
J2
-1:-
C'~.
(..
" ,
(=
"'
8
. ,
. ,
o
"'n
.--1
:T
:-I~ :rJ
-.J
!:q
--,;
.
C>
-.i
.
,-.;;t1
,-:
:-n
+--<;
(;-';)
co
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
PRAECIPE FOR APPEARANCE
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
(Jury Trial Demanded)
Filed on Behalf of the Defendant
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa.I.O.#83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14225
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER. tJdlbla
LEMOYNE AUTO SERVICE,
Defendant.
PRAECIPE FOR APPEARANCE
TO: THE PROTHONOTARY
Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the
law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the
Defendant, Stanley Deimler, tJd/b/a Lemoyne Auto Service, in the above case.
JURY TRIAL DEMANDED
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SK EL, L.L.P.
Ke In . Rauch, Esquire
Counsel for Defendant
By:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE
FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class
mail, postage pre-paid, this \<'1* day of ~O J\I\\j.,l, V\ ,2005.
Michael L. Bangs, Esquire
429 South 18th Street
Camp Hill, PA 17011
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
,
By:
..
1"....)
1<"
\:_)
-')1
,',
,
\,l
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05974 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALT GREG A ET AL
VS
DEIMLER STANLEY T/D/B/A LEMOYN
DOUGLAS RUZANSKI
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DE IMLER STANLEY T/D/B/A LEMOYNE AUT SERVICE the
DEFENDANT
, at 0950:00 HOURS, on the 21st day of November, 2005
at 2236 GETTYSBURG ROAD
CAMP HILL, PA 17011
by handing to
STANLEY DEIMLER, OWNER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
So Answers:
18.00
15.36
.37
10.00
.00
43.73
_~"'r7_./ /;.~
I ~~:<.~~
R. Thomas Kline
11/22/2005
MICHAEL BANGS
Sworn and Subscribed to before By:
me this
I€
""
day of
.
MICHAEL L. BANGS, ESQUIRE
J.D. NO. 41263
429 SOUTH 18rH STREET
CAMP HILL, PA 17011
(717) 730-7310
GREG A. ALT and
JAIME L. AL T, his wife,
Plaintiffs
ATTORNEY FOR PLAINTIFFS
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-5974 CIVIL
STANLEY DEIMLER, t/d/b/a
LEMOYNE AUTO SERVICE,
Defendant
CIVIL ACTION
TO: STANLEY DEIMLER, t/d/b/a Lemoyne Auto Service
c/o Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie and Skeel
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
DATE OF NOTICE: January II, 2006
IMPORTANT NOTICE
Required by Rule 237. I (a)(2)
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street, Carlisle, P A 17013
(717) 249-3166
I~ l?JwJw1 1 1~~11.fJ
MICHAEL L. BANGS
Attorney for Plaintiffs
o
~-n
."~
~
(...:;,
,-
r-<)
(<
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
ANSWER AND NEW MATTER
STANLEY DE IMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
(Jury Trial Demanded)
Filed on Behalf of the Defendant
Counsel of Record for This Party:
TO: Plaintiffs
Kevin D. Rauch, Esquire
Pa.I.D.#83058
You are hereby notified to file a written
response to the enclosed Answer and
New Matter within twenty (20) days
fro servi e h eof or a judgment
ma be n r against you.
/ I
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
mmers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
(717) 901-5916
#14225
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DE IMLER, t/d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
ANSWER AND NEW MATTER
1. After reasonable investigation, the Defendant has insufficient information
as to the truth or falsity of said averments, therefore said averments are denied and
strict proof thereof is demanded at the time of trial.
2. Admitted.
3. Admitted in part, denied in part. It is admitted that the Plaintiffs brought
their 1998 Honda Accord automobile to Lemoyne Auto Service on or about October 4,
2005. Inasmuch that the Plaintiffs aver that the only services that they initially requested
were an annual inspection and emissions test, it is denied. To the contrary, the
Defendant was also instructed to perform an oil change on the vehicle.
4. Admitted.
5. Admitted in part, denied in part. It is admitted that the Defendant was
authorized by the Plaintiffs to conduct an emissions test, state inspection, oil change,
and fuel injection cleaning and was instructed to replace the EGR valve and air control
valve. As to the remainder of the allegations in paragraph 5, after reasonable
investigation, the Defendant has insufficient information as to the truth or falsity of said
averments; therefore, said averments are denied and strict proof thereof is demanded at
the time of trial.
6. Admitted in part, denied in part. It is admitted that the Defendant took the
vehicle for a test-drive. The remainder of the averments in paragraph 6 are denied
generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the
time of trial.
7. Admitted.
8. Admitted in part, denied in part. It is admitted that the Plaintiffs paid
$393.94 to the Defendant. To the extent that this reflects the total amount owed for the
work, it is denied. To the contrary, the Defendant only charged the Plaintiffs half of the
actual amount that was owed for the work he performed to their vehicle. The remainder
of the allegations in paragraph 8 are denied generally pursuant to Pa.R.C.P. 1029(d)
and (e). Strict proof thereof is demanded at the time of trial.
9. Admitted in part, denied in part. It is admitted that the Defendant towed the
Plaintiffs' vehicle to Bobby Rahal Honda, at no charge to the Plaintiffs. As to the
remainder of the allegations in paragraph 9, after reasonable investigation, Defendant
has insufficient information as to the truth or falsity of said averments; therefore, said
averments are denied and strict proof thereof is demanded at the time of trial.
10. After reasonable investigation, Defendant has insufficient information as to
the truth or falsity of said averments; therefore, said averments are denied and strict
proof thereof is demanded at the time of trial.
11. After reasonable investigation, the Defendant has insufficient information
as to the truth or falsity of said averments; therefore, said averments are denied and
strict proof thereof is demanded at the time of trial.
COUNT I NEGLIGENCE
12. In response to paragraph 12, the Defendant reiterates and repeats all of
his responses in paragraphs 1 through 11 as if fully set forth at length herein.
13. Denied as stated. To be specific, the Defendant undertook to replace the
EGR valve and the idle air control valve, perform an oil change and fuel injection
cleaning, and change the spark plugs on the Plaintiffs' vehicle.
14. Admitted in part, denied in part. It is admitted that the Defendant owed a
duty of care in the repair of the Plaintiff's vehicle. The remainder of paragraph 14 states
a legal conclusion to which no response is required. To the extent, however, that a
response is deemed necessary, said averments are denied generally pursuant to
Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial.
15. Paragraph 15, and all of its subparts, state legal conclusions to which no
response is required. To the extent, however, that a response is deemed necessary
said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
16. Paragraph 16 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
17. Paragraph 17 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
WHEREFORE, Defendant, Stanley Deimler tJa/d/a Lemoyne Auto Service,
respectfully requests this Honorable Court enter judgment in his favor and against the
Plaintiff with costs and prejudice imposed.
COUNT II BAILMENT
18. In response to paragraph 18, the Defendant reiterates and repeats all his
responses in paragraphs 1 through 17 as if fully set forth at length herein.
19. Admitted in part, denied in part. It is admitted that the Plaintiffs delivered
their 1998 Honda Accord to the Defendant and instructed him to perform a state
inspection, emissions test, and an oil change. As to the remainder of the allegations in
paragraph 19, after reasonable investigation, the Defendant has insufficient information
as to the truth or falsity of said averments; therefore, said averments are denied and
strict proof thereof is demanded at the time of trial.
20. Admitted in part, denied in part. It is admitted that the Defendant, upon
request by the Plaintiffs, agreed to perform a state inspection, emissions test, oil
change, fuel injection cleaning and an EGR valve and idle air control valve replacement
to their vehicle. The remainder of the allegations in paragraph 20 are denied generally
pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of
trial.
21. Paragraph 21 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, it is specifically denied
that the engine was destroyed while the vehicle was in the custody and care of the
Defendant.
22. Paragraph 22 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, it is specifically denied
that the Defendant returned the Plaintiff's vehicle without the repairs having been
completed as promised and with the engine having been destroyed. To the contrary, the
Defendant performed all repairs that were requested by the Plaintiffs. By way of further
answer, the automobile'S engine was not destroyed while it was in the custody and care
of the Defendant.
23. Paragraph 23 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, it is specifically denied
that the Defendant breached the duty of care that was owed in repairing the Plaintiff's
vehicle.
24. Paragraph 24 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
25. Paragraph 25 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
26. Paragraph 26 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
27. Paragraph 27 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
28. Paragraph 28 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary said averments are
denied generally pursuant to Pennsylvania Rule of Civil Procedure 1029(d) and (e).
Strict proof thereof is demanded at the time of trial.
29. Paragraph 29 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
WHEREFORE, Defendant, Stanley Deimler Ua/d/a Lemoyne Auto Service,
respectfully requests this Honorable Court enter judgment in his favor and against the
Plaintiff with costs and prejudice imposed.
NEW MATTER
30. The Defendant pleads any and all affirmative defenses available to him
under the Pennsylvania Rules of Civil Procedure.
31. The Plaintiff has failed to state a cause of action upon which relief can be
granted.
32. The damages averred by the Plaintiff were caused by superseding and/or
intervening causes that were not within the control of the Defendant.
33. The Plaintiffs have failed to mitigate their damages.
34. The damages averred by the Plaintiffs were caused by hidden and/or
latent defects in the subject vehicle.
35. The Defendant conducted all repairs upon the subject vehicle in a
workmanlike fashion.
36. The Plaintiffs were contributorily negligent in causing the averred
damages to their subject vehicle.
WHEREFORE, Defendant Stanley Deimler tld/b/a Lemoyne Auto Service,
respectfully requests this Honorable Court enter judgment in his favor and against the
Plaintiffs with costs and prejudice imposed.
Respectfully submitted,
By:
ELL, HUDOCK,
L.L.P.
SUMMERS, McDO
GUTHRIE E
vin D. Rauch, Esquire
Counsel for Defendant
VERIFICATION
Defendant verifies that he is the Defendant in the foregoing action; that the
foregoing ANSWER AND NEW MATTER is based upon information which he has
furnished to his counsel and information which has been gathered by his counsel in the
preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of
counsel and not of the Defendant. Defendant has read the ANSWER AND NEW
MATTER and to the extent that the ANSWER AND NEW MATTER is based upon
information which he has given to his counsel, it is true and correct to the best of his
knowledge, information and belief. To the extent that the content of the ANSWER AND
NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit.
Defendant understands that false statements herein are made subject to the penalties of
18 Pa.C.S. 94904, relating to unsworn falsifi
Date: / -I C; --() S-
.
#14225
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER
AND NEW MATTER h" b~" m'"'d by U.S~M il to counsel of ~ecord via first class
mail, postage pre-paid, this I ~ day of 'lvdd-e1--"""-- , 2006.
/ U
Michael L. Bangs, Esquire
429 South 18th Street
Camp Hill, PA 17011
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE,SKEEL, L. .P.
Jf
' '
n
By:t
evin D. Rauch, Esquire
Counsel for Defendant
(')
C)
'II
(.,
\......
"
r,.01
c,:
MICHAEL L. BANGS, ESQUIRE
J.D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, P A 17011
(7\7) 730-7310
GREG A. AL T and
JAIME L. ALT, his wife,
Plaintiffs
ATTORNEY FOR PLAINTIFFS
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-5974
STANLEY DEIMLER, t/dIb/a
LEMOYNE AUTO SERVICE,
Defendant
CIVIL ACTION
JURY TRIAL DEMANDED
PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER
30. Denied. Paragraph 30 is a legal conclusion to which no answer is required. To the
extent an answer is required, it is specifically denied.
31. Denied. Paragraph 31 is a legal conclusion to which no answer is required. To the
extent an answer is required, it is specifically denied.
32. Denied. It is specifically denied that the damages incurred by Plaintiffs and averred
in the Complaint were caused by any superseding and/or intervening causes not within the
control of the Defendant.
33. Denied. Paragraph 33 is a legal conclusion to which no answer is required. To the
extent an answer is required, it is specifically denied.
34. Denied. It is specifically denied that the damages averred by the Plaintiffs were
caused by hidden and/or latent defects in the subject vehicle.
35. Denied. It is specifically denied that Defendant conducted all repairs upon the
subject vehicle in a workmanlike fashion.
I
36. Denied. Paragraph 36 is a legal conclusion to which no answer is required. To the
extent an answer is required, it is specifically denied.
WHEREFORE, Plaintiffs requests this Honorable Court to enter judgment in their favor
and against Defendant in accordance with Plaintiffs' Complaint.
Respectfully submitted,
. "
,f J, P
, V(J/J-v
MICHAEL L. BANGS &'
Attorney for Plaintiffs
429 South 18th Street
Camp Hill, P A 17011
(717) 730-7310
Supreme Court ID #4]263
1/
1..
1.-J
2
VERIFICATION PURSUANT TO Pa. R.C.P. l024(c)
I, MICHAEL L. BANGS, Esquire, counsel for Plaintiffs herein verify that the statements
made in the foregoing document are true and correct to the best of my knowledge, information,
and belief based upon information and documents provided to me by Plaintiffs. I understand
that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
DATE:
I ,I
. ': / ;
/ uI' I:' .J
J
I. 7
Vl/lv t/{ j/ 10,'~ )
l (/~ '., ' ~
MICHAEL L. BANG~,Esquire
3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing PLAINTIFFS'
ANSWER TO DEFENDANT'S NEW MATTER, by depositing a copy of the same in the
United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel
1017 Mumma Road, Suite 300
Lemoyne, P A 17043
DATE: 1('[-'(,:1 IUp
r--
4
(')
c
~~:~"'<
S:'
(/J
r>
./
~;i~'1
;.-'" ~~:~
~c-j"
. ~
.->
,;;;:.
"'"
":.;)-.
<-
~
N
.....j
-'Q
::~
o
.,.,
::rI-r:l
rn-...:.:..-
..,.,\-n
-f'O
())~
.~~ ~../
..~- ,\
"-',:- ....~
(-';~(";'
~~":{n
'27
:q
~.
r:-?
l"~
0"
.
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER, tld/b/a
LEMOYNE AUTO SERVICE,
Defendant.
Opposing counsel does not concur with this Petition.
PETITION FOR LEAVE TO JOIN ADDITIONAL DEFENDANT
Defendant Stanley Deimler, tld/b/a Lemoyne Auto Service, by his undersigned
counsel, petitions this Court pursuant to Pa.R.C.P. 2253 for an Order allowing joinder of
Team Rahal, Inc., tld/b/a Bobby Rahal Honda ("Bobby Rahal Honda"), as an Additional
Defendant in this action and in support thereof alleges as follows:
1. Plaintiff instituted suit against Defendant Stanley Deimler, tld/b/a
Lemoyne Auto Service, on November 17, 2005. Service was made upon the Defendant
on November 21, 2005.
2. On December 5, 2005, Defense counsel undertook the defense of the
Defendant, Stanley Deimler, tld/b/a Lemoyne Auto Service, in relation to the subject
action.
3. On that same day, Plaintiff's counsel granted a thirty day extension in
which to file an Answer.
.
4. Due to circumstances outside the control of Defense counsel, Mr. Deimler
was unable to meet to discuss the Answer and New Matter prepared on his behalf until
January 16, 2006. On this date, Mr. Deimler explained the facts surrounding the
Complaint and endorsed the Answer and New Matter.
5. Defense counsel filed an Answer and New Matter on behalf of Defendant,
Stanley Deimler, Ud/b/a Lemoyne Auto Service, on January 18, 2006.
6. As a result of the initial meeting with the Defendant, the Defense counsel
contacted various experts in the automotive industry to determine the potential liability
of Bobby Rahal Honda in relation to the damages alleged by the Plaintiffs.
7. Through this diligent investigation, it became apparent that Bobby Rahal
Honda is liable to the Plaintiffs as more fully set forth in the Defendant, Stanley
Demiler's, Ud/b/a Lemoyne Auto Service, Complaint to Join Additional Defendant,
Bobby Rahal Honda, attached hereto as Exhibit "N'.
8. If the allegations of Plaintiffs' Complaint are proven at trial, this Defendant
believes and therefore avers that the proposed Additional Defendant, Bobby Rahal
Honda, is solely liable to Plaintiffs, is jointly or severally liable on Plaintiffs' cause of
action against Defendant or is liable over to Defendant for full indemnity and/or
contribution for all such loss, damages, and/or Court costs as Defendant may suffer as
a result of this action.
9. Defendant Stanley Deimler, Ud/b/a Lemoyne Auto Service, filed this
Petition promptly after uncovering facts that support a good faith basis to plead a cause
of action against Additional Defendant, Bobby Rahal Honda.
10. The allowance of this Petition will permit the liabilities and rights of the
various parties to be heard and determined at the same time, thereby avoiding a
multiplicity of cases and fostering judicial economy.
11. Defendant Stanley Deimler, Ud/b/a Lemoyne Auto Service, will be
adversely prejudiced by denial of this Petition, as he has a good and meritorious action
against the proposed Additional Defendant which can be best adjudicated at the same
time as Plaintiffs' case against the Defendant.
12. The proposed Additional Defendant will not be prejudiced by the joinder of
this matter, since the facts which form the basis of liability against him are simple and
straightforward. In addition, this Defendant, in order to minimize any inconvenience to
the Additional Defendant, will provide copies to him of all discovery material generated
to date.
13. Plaintiffs will not be prejudiced by joinder of the proposed Additional
Defendant.
WHEREFORE, Stanley Deimler, Ud/b/a Lemoyne Auto Service, respectfully
requests this Court grant his Petition and permit the filing of a Complaint against the
proposed Additional Defendant, Bobby Rahal Honda.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
iJv.~ ~ W,/u,"-"-1A-
Kevin D. Rauch, Esquire
Jason P. Wrona, Esquire
Counsel for Defendant,
Stanley Deimler, Ud/b/a
Lemoyne Auto Service
'.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Petition for
Leave to Join Additional Defendant has been mailed by U.S. Mail to counsel of
record via first class mail, postage pre-paid, this 2. I
day of
~\MAWVd _
,2006.
Michael L. Bangs, Esquire
429 South 18th Street
Camp Hill, PA 17011
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
~w
evin D. Rauch, Esquire
ason P. Wrona, Esquire
Counsel for Defendant,
Stanley Deimler, t/d/b/a
Lemoyne Auto Service
..
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
v.
STANLEY DEIMLER, tld/b/a
LEMOYNE AUTO SERVICE,
Defendant.
v.
TEAM RAHAL, INC., tld/b/a
BOBBY RAHAL HONDA,
Additional Defendant.
TO: Additional Defendant
You are hereby notified to file a written
response to the enclosed Complaint to Join
Additional Defendants within twenty (20) days
from service hereof or a judgment
may be entered against you.
Summers, McDonnell, Hudock,
Guthrie & Skeel, L.L.P.
#14225
NO. 2005 - 5974
COMPLAINT TO JOIN ADDITIONAL
DEFENDANT
(Jury Trial Demanded)
Filed on Behalf of the Defendant,
Stanley Deimler, tld/b/a Lemoyne Auto
Service
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa.I.D.#83058
Jason P. Wrona, Esquire
Pa. I.D. #201538
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
DEFENDANT'S
I EXMIBIT
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER, tld/b/a
LEMOYNE AUTO SERVICE,
Defendant,
v.
TEAM RAHAL, INC., tld/b/a
BOBBY RAHAL HONDA,
Additional Defendant.
COMPLAINT TO JOIN ADDITIONAL DEFENDANT
AND NOW, comes the Defendant, Stanley Deimler, tld/b/a Lemoyne Auto
Service, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel,
L.L.P., and Kevin D. Rauch, Esquire, and Jason P. Wrona, Esquire, and files the
following Complaint to Join Additional Defendant and in support thereof avers as
follows:
1. This lawsuit was initiated by the filing of a Complaint on November 17,
2005. Attached hereto as "Exhibit A" is a true and correct copy of the Plaintiffs'
Complaint.
2. Plaintiffs, Greg A. Alt and Jaime L. Alt, reside at 858 Lexington Place,
Lewisberry, York County, Pennsylvania.
..
I
3. Defendant, Stanley Deimler, is an adult individual who trades or does
business as Lemoyne Auto Service located at 2236 Old Gettysburg Road, Camp Hill,
Cumberland County, Pennsylvania.
4. Additional Defendant, Team Rahal, Inc., t/d/b/a Bobby Rahal Honda,
("Bobby Rahal Honda") is a Pennsylvania Corporation with an address of 6696 Carlisle
Pike, Mechanicsburg, Pennsylvania 17055.
5. At all times material hereto, Bobby Rahal Honda acted and/or failed to act
by and through their respective agents, servant, workmen, and/or employees and each
other within the course and scope of their employment.
6. This lawsuit arises out of mechanical work performed on the Plaintiffs'
1998 Honda Accord ("Automobile") on or about October 4, 2005, through October 15,
2005.
7. On or about the aforementioned dates, the Plaintiffs delivered their
Automobile to Defendant Stanley Deimler, t/d/b/a Lemoyne Auto Service, and
authorized him to conduct repairs on the Automobile.
8. On or about the aforementioned dates, Defendant Stanley Deimler, t/d/b/a
Lemoyne Auto Service, informed the Plaintiffs that the Automobile's engine had a blown
head gasket.
9. On or about the aforementioned dates, Plaintiffs demanded that
Defendant Stanley Deimler, t/d/b/a Lemoyne Auto Service, halt repairs and tow their
Automobile, at no cost to them, to a repair facility owned by Additional Defendant Bobby
Rahal Honda, for repairs.
..
10. On or about the aforementioned dates, Defendant Stanley Deimler, tld/b/a
Lemoyne Auto Service, towed the Automobile, at no charge, to the repair facility owned
by Bobby Rahal Honda.
11. On or about the aforementioned dates, the Plaintiffs informed employees
of Bobby Rahal Honda, that Defendant, Stanley Deimler, tld/b/a Lemoyne Auto Service,
diagnosed the Automobile engine with a blown head gasket.
12. An employee of Bobby Rahal Honda informed Defendant, Stanley
Deimler, tld/b/a Lemoyne Auto Service, that the Automobile's engine became
"hydrolocked" when the employee started the engine, and that the engine also suffered
a bent connecting rod.
13. On or about the aforementioned date, employees of Bobby Rahal Honda
determined that the Automobile's engine was ruined by the bent connecting rod and
replaced the engine at a cost to the Plaintiffs of $4,382.36. See Bobby Rahal Invoice
attached hereto as "Exhibit B."
14. On November 17, 2005, the Plaintiffs commenced an action against
Defendant Stanley Deimler, tld/b/a Lemoyne Auto Service, for alleged negligent repairs
that resulted in the bent connecting rod and destruction of the Automobile'S engine.
15. If it is proved as alleged by Plaintiffs, Greg A. Alt and Jaime L. Alt, that the
damage done to their Automobile's engine was the result of negligence, which is
expressly denied by this Defendant, then such damage was a direct and proximate
result of the negligence of employees of Bobby Rahal Honda, generally and in the
following particulars:
(a) Failure to properly test and/or diagnose the Automobile's engine problems
prior to running the engine;
(b) Failure to take all reasonable steps necessary to ensure that the
Automobile's engine would not be destroyed when it was started;
(c) Failure to heed the warning that the Automobile's engine suffered from a
blown head gasket; and
(d) Failure to stop the Automobile's engine before fatal damage occurred.
16. If the Plaintiffs suffered any damages, which is denied, then those
damages are solely the result of the aforementioned negligence of the employees of
Bobby Rahal Honda.
17. Further, if this original Defendant, Stanley Deimler, Ud/b/a Lemoyne Auto
Service, is found liable, then he claims a right of contribution and/or indemnity from
Bobby Rahal Honda, on the basis of its negligence.
WHEREFORE, original Defendant, Stanley Deimler, Ud/b/a Lemoyne Auto
Service, requests that in the event of a verdict in damages in favor of the Plaintiffs, Greg
A. Alt and Jaime L. Alt, and against the original Defendant, Stanley Deimler, Ud/b/a
Lemoyne Auto Service, then he is entitled to indemnity, contribution and/or liability over
.'
from the Additional Defendant, Team Rahal, Inc., Ud/b/a Bobby Rahal Honda, and an
amount of damages in the amount of the verdict.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
Kevin D. Rauch, Esquire
Jason P. Wrona, Esquire
Attorneys for Defendant
,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing COMPLAINT
TO JOIN ADDITIONAL DEFENDANT has been mailed by U.S. Mail to counsel of
record via first class mail, postage pre-paid, this
day of
,2006.
Team Rahal, Inc., Ud/b/a
Bobby Rahal Honda
6696 Carlisle Pike
Mechanicsburg, PA 17055
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
Kevin D. Rauch, Esquire
Jason P. Wrona, Esquire
Attorneys for Defendant,
Stanley Deimler, Ud/b/a
Lemoyne Auto Service
11/30/2005 15:46
f:-POn ,: ~1ARS~ALL K DR\) i S I1"6 P.GEV-' ~
\
FRX NO. 717-763-9080
f
\
Nov. 292005 11:13AM P2
MtcBAEL L. BANGS, ESQURE
l.D, #41263
429 SOUTH 18m STREET
CAMP HILL, PA 17011
(717) 730-7310
GREG A. ALT ~\IM.E L ALT.
his wire,
A1TORN'BY FOR PLAlNTIFFS
Plaintiffs
)
)
)
)
1
)
)
)
)
IN THE COURTOF COMMON PL1D\:s"'-
OF CUMBERLAND COUNTY,
P&'lNSYLvANJP.
'IS.
NO, 2005- .{;Cj' 'l1j
CIVIL
STANLEY DEli\1LER, tfd/b/a
Lemoyne Auto Service,
Defendant
CiVTL ACTION
NOTICE
yOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action v.-"ithin twenty (20) days after this. Complaint
and Notice are served. by entering a v,Titten 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
''lamed that if you fail to do so the case may proceed without you and ajudgrnent may be emered
against you by the Court without further notice for any money claimed in the Complaint or for
any other olaim or relief requested by th<: Plaintiff. You may lose money or property or other
rigbts important to you.
YOU SHOULD TAKE TIDS P APEk TO YOlJR LAWYER AT ONCE. If-' YOU DO
NOT HAVE A LA W'lER OR CA1'-1"NOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BEl.OW TO FIND OUT WHERE YOU CAN GET LEGAL BELl'.
Cumberland COUhty Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
.. .......'_-. _..>-..0".".........
..... '.-.....-.. ",,'C,, '-
....,.RtlECOfiYFRQMAECORD
.~ .,..=<~~..,~,..~",.;..c' .....;..; ""'^ _....~" ,,~-'
f~. 1,,":",,~';":>;~~i"".~t~ OUt. l'}.~..,. v, .-w ~~ t;t.. . .'Jl_~,j r{J
~"J ~~ ~ f.!/ Ww~,wi e Carl~, 1'$,
nm..~ty~.... c. Ct... ,/? Jot! ~.. ~
.. ,.. ..'.~/11 ,.
'.c, _,_~__;>,:.'~';'...,.
1.1'.-J. _'L'.~
.,11/30/2005
15:<16
FROM .~ MARSHALL K DRUlS INS RGQ
FRX NO. 717-763~9080
,
(
NO'J, 30 2005 03: 3:P,.j P 1
,
MICHAEL L. BANGS, ESQutRE
J.D. #41263
429 SOUTH ISm STRBET
CAlvi? HILL, FA 17011
(717) 730-7310
GREG A. ALT and JAlME L. ALT,
his wife,
ATTO&."IEY FOR f'LAlNTIFFS
Plaintiffs
)
)
)
)
)
)
)
)
)
IN nm COORT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PE...~SYLV ANIA
vs.
NO. 2005
CIVIL
STANLEY DElJ.\1LER, tld/b/a
Lemoyne Auto S~rvice,
Defendant
CIVIL ACTION
COMPLAINT
AND NOW come the plaintiffs, GREG A. ALT and JAJlv!E L. AL T, his wife, hyand
through their a.ttorney, Michael L. Ba,'1.gs, Esquire, imd in support t,'lereof nks the follo'Mng
Complaint:
I. Plaintiffs, GREG A. ALT and JAIME L. ALT, ~ husband and wife and adult
individuals who reside at 858 Lexington Place, Lewisberry, York C01lllty, Pennsylvapja.
2. Defendant, STANLEY DEIMl.ER, is an adult individual wno trades or does business
as Lemoyne Auto Service located at 2236 Old GettysbUJ:'g Road, Camp Hill, Cumberland
County, Pennsylvania..
3. 011 or about October 4, 2005, Plaintiffs brought their 1998 Honda Accord awomobile
'. . ,_ . .,' ' ,_...... ..-:.....':.::.,i.....,..:......,_....,'..'.,'
("Automobile") to o.~fendartt for ana..nnual inspection and emissions t<;:st.
4. On or about October 5, 2005, Defendant contacted Plaintiffs and indicated that the
Automobile did-not pass the emissions test and needed a replatement of an EGR Valve and an
idle air control ;;alve.
I
L~'~~~C~W~. ~~.~W
1'(\A!~S--iqLL K DAIJ1S INS RGEf7"-"-"
.[R.011 ,'; (,
FPX ~10,
717-763-9080
r ~ ,-
f
\
Nov. 29 2005 11~14HM P3
5. Plaintiffs, in l'eliMCe npon the expertise of Defendant, authorized tho repairs '~s
indicilted so that the Automobile would pass the iMpeclion Md emissIons te~t.
6, D",fendant contacted Plaintiffs and indicated lhat when he had taken the AlttoIDobile
on a test drive following the completion of the repairs, it bf"w a ga'ikiOt and there would be an
additi<1lwl S I ,000.00 eharge for those repairs_
7. Defomdant was advised by Plaintiffs not to dQ any further work on the Automobile and
that ill"y would take it to anolher location,
8. Ddendant refused to release the Automobile lltltil the invoice for the work that he
perfonned on the Automobile was paid in the <m\ount of $393.94. Attachedhereto and marked
as EXhibit A is a true and correct copy of the invoice.
9. Plaintiffs took the Automobile to another service repair station to determine che extent
of the d&'11ages 2.nd the cause of the damages.
10. 'Plaintiffs were advised that the engine b.aJ ooen ruined d\.le to overheatin!;r arld the
overheating 'Was caused by a gasket missing from the idle air concrol motor.
11. Plaintiffs subsequently had the Automobile repaired and the cost of the repair VIa;,
_S1,382.36, Attached hereto and marked as Exhibit B is a true an4 correct copy of the invoice for
the repaits.
13.
Paragraphs
ifmore fully
~I 1/30/2005 15:46
:4~UI'1 ,: nPRSHALL :< DHl}!S
I f,j5 HGE)';.('~Y
[
FqX NO.
717-753-90,S0
Nev. 29 2005 11~14~M P4
J 4. D~rendant had a duty to make those repairs in a good and wurkmal1likc C"shhn and
to r<:tl\rn the Automobile to Plaintiffs with the repairs completed.
15. Defenda.'1t was negligent in the completion of the repuirsto Plaintiffs' Automobile in
accordance with the following:
A. FailUl'<l to properly complete the repairs to the EGR valve and idle air
control valve;
B. Failure to replace all pieces and gaskets to the idle air control motor;
C. Failure to properly test the Au.tomobile prior to [Ullllmg th.e engine; and
D. Failure to take all reasonable steps necessary to ensure that tl:te engine
would not be destroyed when he completed the test drive.
16. As a result of the negligence of Defendant, Plaintiffs have incurred damages in. the
amount of $4,776.3 0,
17. The damages incurred by Plaintiffs were the direct and pro>::imate result of the
negligence of Defendant in ia.tling to complete the repairs to Plamtifj',( Automobile properly.
WHEREFORE, Plaintiffs demand judgment against DefendanT iu the fu'Il0U11t of
$4,776.30, plus interest, plus costs of suit.
COUN'TI1
BAlLMENT
18. Par~graphs 1 through 17 are incorporated heielli by ref~f~ncc aXif~~r~ fully set
forth.
19, PJaintifJ.s delivered their 1998 Honda AccQrd to Defendant for p1.U'poses ofb..a.ving all
necessary repairs completed to the automobile so that it would pass its annual inspection Olld
emissions tesL
~
;)
5 15: 46
11/30/20D.
~"~RiJl'1 ': ~1ARSHQLL k DRV I SINS AGt'
FRX HO.
717-763-9~180
HL:J"". 29 2005 11: 1SAM P5
c'-'
20, Delcndam agreed to perform the work neces~$.ry on the Automobile in order w
"l1sure tim, it would pass tho amma! inspection and emissions test.
21, Voillill;) the Automobile WO-'i in the custody and care of Defendant, the engine on the
Automobile was destroyed.
22. Defendant returned the Automobile to Plaintiffs wimout tbe repairs having been
completed as promised and with the Automobile's engine having been destroyed.
23. Defendant bad an obligation to return the Automobile entrusted to him by Plaintiffs
with the proper repairs made stlch that it would pass the armua1 inspection and emissions test
24. Defendant caused the destruction to Plaintiffg' AUtomobile engine by his failure to
~-,
complete the repairs properly which resulted in the dl;;struct!on of the engine.
25 Since Defendant returned the Automobile with a destroyed engine to Plaintiffs,
PlaintiffS were required to have rhe Automobile fixed by another dealership :;0 that it would be in
the same or substantially Lhe same condition that it Was at the time that it was entrusted to
Defendant.
26. Tn order to return the Automobile to the same or substantially the Satl1e condition that
it was at the time the Automobile was elltrusted to Defendant, Plaintiffs incUJ.-red damages for the
repair of the AutDmobik ill the arno'l,ut of $4,382.36 which is evidenced by Exhibit B which is
attached hereto and rnede a part hereof.
'\
27. f'1aiutitfs also incurred darnages for amounts chMged by D~fendant which they w~re\
f6n:ed to pal' in o,derto remove the Automobile from Defendant's premises in the amount of
.. '..-"',.'k';;t;".~"-,J';o:' -,_.'.' ..,':"--ic.'" ,""--'c,'''','cc:'.' "".'.'
$393.94 which is evid.enced by Exhibit A which is attached hereto and made a. ]}"c:-l hereof.
,....". ..,,,. ... .. ..
4
11/30/2005 15:45
'~ROr.'." l'iRRSH>'1Ll.. 1< DAVIS IHS AGf
I
~AX NO_
717-763--9.08'0
,
\,
1'-10'..). 30 20'05 03: 34Pi'1 P2
28. The repairs made by Defendant were not done with ordinary care and were done 11\ a
negligent marmer that caused fU."ll1er damage to Plaintiffs' Automobile.
29. Defenclilllt is liable to Plaintiffu in the =ount of$4,776.30 as a result of his failure to
deliver the Automobile back to Plaintiffs in the same or substantially the same condition as it
was prior to delivery, inclusive of making the repairs necessary for the Automobile to pass the
ilnnual inspection and emissions test.
WHEREFORE, Plaintiffs demandjudgtnent a~ Defendant in the amount of
$4,776.30, plus interest, plus costs ofsmt.
Respectfully submitted,
Ilk~! ~
Attorney for Plaintiffs
429 South IStl:t Street
Camp Hill. P A 17011
(717) 730.7310
Supreme CO'lLl'tJD #41263
5
11 / ..:;~J/ c::k:M~
1::J:4b
HI].j;:0 l,Jl)l)o
..
FRGtd" ".: 1'"1q.~SHALL K DAlJ r S I ~'lS AOe:
FRX I'll].
717-763-9080
Nov. 292005 11:15AM P5
VERIFICATION
We hereby verify that the statements made in tbe fOT~going document are true and
correct We understand that false statements herein are made subjecl to the penalties of 18 Fa.
C. S. Sectio1l4904, relating to 1l11swom tillsification to authorilies.
Date: ;Vt)). I b, Zo05
~()
/4 .
GREG . LT
f1..,lj
1'1\ ill ':~/1r2 cI t1 U
/ftrM~t;.~~
6
, ,
,
Bobby Rahal ,Honda
6696 Carlisle Pike
Mechanicsburg, Pa. 17050
Phone (717) 766-4300
www.bobbyrahal.com
CLIENT NO.
",). 3~I$4.rii,';i"4,~g~~Yl;;~~;~,,~:;,~~;:',\~_:~~;i:;'f,: ;:;toAQ& ;:8 NO.
LABOR RATE LICENSE NO. M1Ll;:AGE
,;Jr.1E9R . 111,648
.';~l\A~~J~:~~~~$~Q~!,J*~~~YSQQ'A,.],Y6,.
VEHICLE to, NO.
1HGCG165
25761
JAMIE ALT
858 LEXINGTON PL
LEWISBERRY, PA 17339
''I.'f.:fr4~i5~39f5ki~!' .
. . -. ','. ':.~" /~,;,,:'C;-'''';'.:'; ;/)i::;:t~';;'it;:<
AT IN P ] 1 [SERVI TEAM
LABOR & PARTS" __, , , , 'u, , .. , , , ' , , __ , , , , ' - , _ __.... - w," - _, u -- -" .. ,- ' .., - -- -- ---
,J#;JiiI4HOZ;.c:;\,., ,.. '.";':ENGINEf.1(.w:iiliil,'.!i1\\!i.tir&~~lBj:!ii1l!!~~~~~\\\f~~\\'!JJl!W,t{!O
, . ., -.' CUSTOMERSYATES"1iAo VEHICLE AT ANOtHER GARAGE. 'REPlACED IAC- . ,.
AND EGR VALVES AND NDW GETTING CHECK ENGINE LIGHT ON. WAS
TOLD HEAD GASKET BLOWN. CHECK AND ADVISE. .
TECHNICIAN INSPECTED VEHICLE AND FOUND COOLANT LEVEL LOW.
WHITE SMOKE EXITING EXHAUST. NOISE FROM BDTTOM END OF MOTOR.
PDSSIBLY BENT CONNECTING ROO DUE TO VEHICLE OVERHEATING.
RECOMMEND REPLACING ENGINE ASSEMBLY.
TECHNICIAN INSTALLED USED ENGINE ASSEMBLY. RECHECKED
AND FDUN\) ALL OPERATIONS NORMAL AT Tlns TIME.
IIINOTED GASKET MISSING FROM IDLE AIR CONTROL MOTOR
BETWEEN MOTOR AND INTAKE MANIFOLD. ALLOWING COOLANT TO
ENTER INTAKE MANIFOLD. CAUSING OVERHEATINGI I /
PARTS,.' -, ,UTY - ..FP,NUMBER"""",..", ,OESCRIPTION.., - -, -, -.. -", -,. - -UNIT PRICE,
JOB I 1 1 PREOWNEO,ENGINE ENGINE 2500.00 2500.00
JOB I 1 1 19411,PBA,A02 GASKET. FR. 3.3B 3.38
JOB I 1 1 19412,PBA,A01 GASKET. RR. 2.32 2.32
JOB I 1 1 4401B,SB4,C01 800T SET OUTBOA 26.44 26.44
JOB 11 1 50806,S87,A80 RU8BER. RR. 16.00 16.00
JOB I I 1 06175,P8C,AOl KIT. EGR PIPE 91.67 91.67
JOB I 1 1 17220,P8C,AOO ELEMENT. AIR CL 23.68 23.68
J08 I 1 I 90240 CLAMPS 2.50 2.50
J08 I 1 2 OL999,9011 COOLANT TYPE,2 10.68 21.36
JOB I 1 2 08200,9001 FLUID ATF,21 4.50 9.00
JOB I 1 TOTAL PARTS 2696.35
JOB I 1 TOTAL LABOR & PARTS 4076.35
..-. -..-_.. - - --." - - ~~~ -- - -..." -~~..~.. ~~~... .~.~.' .~.~..__. .~~..' ..... .~~.. .~~.~.~~. ~_.. -.....-
J/t'.2"Q6HOlZl..,. ..;i.i/"."~TATE;"'NSglI'il';I[.~illli~Ii!f,ii;Wll!;;"'NJ.il~~.~,d\ia\!lfiiiJr61iJ10
. . . .. STATt INSP........... -'. -. " . , '" ". ........ "
PA STATE INSPECTION STICKER I, 0027692
COMPLETE STATE INSP. PASSED
PARTS'" -, ,QTY, "fP . NUMBER , ",. -,., - -", -DESCRIPTION." -,..-"'., -, -, -' ,UNIT PRICE,
JOB I 2 TOTAL PARTS 0.00
JOB I 2 TOTAL LABOR & PARTS 16.00
. ~~- - -. -... - - ---~. -- - -~. -----~ - --~. - ~~-.' ~. ~-"" .._~..~.' .~~~...' ...~..~... .~~.~.~.-- ---_.~.. --
J#,~+QQIJO'aEMISSIESTjtM!.SSIOti'tEEm\1;!l~'iilc!;~~~~'fi!jEfil!ot~jjJlli~~~~~~XiifJj~
CUSTOMER REQUESTS STATE EMISSION TEST BE PERFORMEO
~ PERfORM EMISSION TEST PER STATE REGUALTIONS
i TECHNICIAN PERFROMEO EMISSION' TEST. VEHICLE PASSED EMISSION
. REGULATIONS,
.
8 PARTS"" --QTY, , ,FP,NUMBER..""".."" .DESCRIPTION.. --.., -- - --"....' ,UNIT PRICE,
w JOB # 3 TOTAL PARTS 0.00
i JOB I 3 TOTAL LABOR & PARTS 37.55
w ~ _ __.~ __ _. _. _ _ _ _ _ ______ __ _ ---.. - __... - - -.. ._~ -~..~- ... ....... ..~~....." ~~""- .-. ._-~~.. -.. - ..-
. G.O.G. & SUPPLIES-- u __ __ __ __u__ --'''' --"-- --..-- ,--.. --.., ---....... --.. .---- --..
1 JOB I 2 1.0 STATE INSP STICKER @
~ JOB I 3 1.0 MeI TRANSACTION FEE
..
<
~ PAGE 1 OF2
; DEFENDANT'S
r>'~JBIT'" .
2.00
2.40
ON NEXT PAGEl Q2:11pm
CUSTOMER COP
INVOICE DATE
10/14/05
COlOR
EMERALD GRE
INVOICE NO
HOCS662974
STOCK NO.
DEUVERYPATE
DELIVERY MilES
SELUNG D8ILER NO.
PRODUCTION DATE
R. D. DATE
10/07/05
REPRINT# 3
MO: 111695
Thank Yon
for choosing
Bobby Rahal
for servicing your
.. vehicle. Our entire
staff works hard
to make sure you
are 100% satisfied. . .
Thank Y 00 Again! .
Bill Bain
(717) 766-4300
Visit
www.bobbyrahal.com
for your next
service
Appointment!
CAR WASH HOURS,
. Monday - Friday., .
. 7:00am - 7:00pm
Saturday
9:00am - 4:00pm
Sunday: CLOSED.
SF'OO123(!(04101)
Bobby Rahal Honda
6696 Carlisle Pike
Mechanicsburg, Pa. 17050
Phone (717) 766-4300
www.bobbyrahal.com
CUENT NO.
J"D~$09n~,(g~':g_f/:;~if~;,<,:k;L~~;;:;i~::~ ~::~;'~;i4QS !~~~ NO.
LABOR RATE LICENSE NO. MILEAGE
" , JME98,. 111,648
. i~~/~~Q~~J%~k~~~q:t;~~Vg;fgQN',!AT:Y6. .
VEH1CLEI.D.NO.
1 H G C G 1 6 5 x W A 0 0 2 4 9 0
25761
JAMIE ALT
858 LEXINGTON PL
LEWISBERRY, PA 17339
r~'ft~!l':m 2540
TO' AL ' GOG
ESTIMATE..''' u,..,." u'""" '.,...", u u__.., __..,...., u...... .... .... u....
CUSTOMER HEREBY ACKNOWLEOGES RECEIVING
ORIGINAL ESTIMATE OF $69.00 (+TAX)
APPROVED REVISED ESTIMATE (# 1) OF $4500.00 (+TAX) ON 10/10/05 AT 11:32am
BY GREGORY AL T COMMENTS CUSTOMER AUltIORIZEO NEW LONG BLOCK.
COMMENTS." u", ,. u"""""".,'.".', ,.,.".. ,..,. ..., .,.., ,.. u,........ ,.....,
TOW IN,69/HR'JL
PA STATE INSPECTION DUE: 10/06
COOLANT GOOD TO .34 DEGREES,
FRONT TIRE TREAD DEPTHS: 10/32
REAR TIRE TREAD DEPTHS: 2/32(VERY LOW)
TIRE PRESSURES SET TO FACTORY SPECS.
FRONT BRAKE PAD OEPTHS: 11/32
REAR BRAKE PAD OEPTHS: 8/32
PA STATE INSPECTION STICKER #: 0027692
THANK YOU FOR CHOOSING BOBBY RAHAL SERVICE!
RECOMMENDATIONS",., ,.,. -", ""','" ".,.", "', "" ,.,.", ...__."'.", ,., '" '.."
TECH 185 RECOMMENDS:
REPLACING REAR TIRES VERY SOON DUE TO LOW DEPltIS.
4 WHEEL ALIGNMENT WITH TIRE REPLACEMENT.
NOTED COOLING FAN MOTOR NOT OPERATING. NOT DUE TO ENGINE
OVERHEATING OR REPLACEMENT.
NOTED POSSIBLE DAMAGE TO CATALYTIC CONVERT DUE TO ENGINE MISFIRE.
TOTALS.. , , , , , -- , , , , - , u' , , , , . , , u, , , , , , . . .. , __ _.., , ,__.. __ _ _ , .. _ _ _ _ _ _.u , . .. _ u _ ' u' , , ,.. , , , , . , , ,
TOTAL LABOR....
TOTAL PARTS __ ..
TOTAL SUBLET...
TOTAL G.O.G.. u
TOTAL MISC CHG.
TOTAL MISC DISC
TOTAL TAX......
TOTAL INVOICE $
1433.55
2696.35
0.00
4.40
0.00
0.00
248.06
4382.36
CUSTOMER SIGNATURE
**************************
PAGE 2 OF 2
[ END OF INVOICE] 02;11pm
DUPLICATE INVOICE
***************************
CUSTOMER COPY
INVOICE DATE
10/14/05
COLOR
EMERALD GRE
INVOICE NO.
HOCS662974
STOCK NO.
DELIVERY DATE
OEl,JVERYMIlES
SELLING DEALER NO.
PRODucnON DATE
R.O.DATE
10/07/05
REPRINT# 3
MO: 111695
Thank You
for choosing
Bobby Rahal
. for servicing your
. vehicle. Our entire
staff works hard
to make sure you
. are 100% satisfied.
Thank You Again!
Bill Bain
(717) 766-4300
Visit
www.bobbyrahal.com
for your next
service
Appointment!
CAR WASH HOURS
Monday - Friday,
7:00am. 7:00pm
Saturday
9:00am. 4:00pm
Sunday: GI:00SEB
SF60123D([)4/01)
...
.'
.
..
"
BDB8!i . ,F:AHAl!: . HGt-~D[i
;[g;:If~ijt~~~ l~I~~0~
nhiC:'
TERN~
O(HE -t\Y'1:~/1J
l.t12. ?i1
~';:"
:;:;8LE
. .
i'fR~ t-;,?,0i7BtfH05iSS7
:;f"r;.';:[,~~<i:ri:~~~:~{)-::;:;::::{ 12 '36,
i#"
~=,~
i:',.'~
nUTf ~ 0ijg;?Se,2974
GC!)~ ::::14128
TOTAL $.43~=;2'",':;:6
C:lt3Tl~!t'1EP COP~l
,-~
~~
,',-'
,,:/"
'--
~,..
{,.)
C)
~
.....
'1:'1)
t~'f-
"'nfi1
'c,Q
(:3c:]
..-r. -',\
(2(')
__,en
~.-!\
-?
'~
.-.:"1
~
(;'?
-'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DE IMLER, tJd/b/a
LEMOYNE AUTO SERVICE,
Defendant.
RULE TO SHOW CAUSE
And now this ~, day of f~
foregoing Petition, it is hereby
, 2006, upon consideration of the
ORDERED, that
1. A Rule is issued upon the Respondent to show cause why the Petitioner is
not entitled to the relief requested;
2. The Respondent shall file an Answer to the Petition within 2 () days of
this date;
3.
The Petition shall be decided under Pa.R.C.P. 206.7; '2 /) /YJ.
a;t II; -::>(}<-<'
Argument shall be held on '/JtU~/ y , 2006m Court Room <i of
4.
the Cumberland County Courthouse; and
5. Notice of the entry of this Order shall be provided to all parties by the
Petitioner.
J.
ftt
c"
U::> .!:-
~. \ r-
-p~ .
, .~
-J.
0111\.1 z- 83.:l9DDZ
81 : ' ,'l~
..,,~ ::l!" :10
"'\'-, "-":, f" "''''G ....."1.l.
AHVIC, "''''', ":'::~:"'.li:l
~~l_'."i rnl.1j
_IV!_,'_ _
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
PETITION FOR LEAVE TO JOIN
ADDITIONAL DEFENDANT
STANLEY DE IMLER, tJd/b/a
LEMOYNE AUTO SERVICE,
Defendant.
(Jury Trial Demanded)
Filed on Behalf of the Defendant
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa.I.D.#83058
Jason P. Wrona, Esquire
Pa.I.D.201538
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14225
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
MOTION FOR RULE ABSOLUTE
STANLEY DEIMLER, tld/b/a
LEMOYNE AUTO SERVICE,
Defendant.
(Jury Trial Demanded)
Filed on Behalf of the Defendant
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa.I.D.#83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14225
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER, t/d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
MOTION FOR RULE ABSOLUTE
AND NOW COMES, the Petitioner, Stanley Deimler, t/d/b/a Lemoyne Auto
Service, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel,
L.L.P. and Kevin D. Rauch, Esquire, and files the following Motion for Rule Absolute
and in support thereof avers as follows:
1. On January 30, 2006, the Petitioner filed a Petition for Leave to Join
Additional Defendant. (A true and correct copy of the Petition for Leave to Join
Additional Defendant is attached hereto as Exhibit "An).
2. On February 1, 2006, the Court issued a Rule to Show Cause why the
Petition for Leave to Join Additional Defendant should not be granted. Said Rule
instructs the Respondent to file an Answer to the Petition within twenty (20) days of that
date. (A true and correct copy of the Rule to Show Cause is attached hereto as Exhibit
"B").
.
3. On February 10, 2006, the Petitioner provided a copy of said Rule to
Show Cause to the Respondent.
4. In a letter dated February 17, 2006, the Respondent informed the
Petitioner that they will not contest the Petition for Leave to Join Additional Defendant.
(A true and correct copy of this letter is attached hereto as Exhibit "C").
WHEREFORE, the Petitioner, Stanley Deimler, t1d/b/a Lemoyne Auto Service
respectfully requests this Honorable Court grant his Motion for Rule Absolute, admit all
averments of fact contained within the Petition for Leave to Join Additional Defendant,
and authorize the filing of the Complaint to Join Additional Defendant, Team Rahal,
Inc., t1d/b/a Bobby Rahal Honda.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRI & SKE ,L.L.P.
Kevin D. Rauch, Esquire
Counsel for Defendant,
Stanley Deimler, t1d/b/a
Lemoyne Auto Service
By:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR
RULE ABSOLUTE has been mailed by U.S. Mail to counsel of record via first class
mail, postage pre-paid, this 1-#.- day of
,
/J(lbfl{
,2006.
Michael L. Bangs, Esquire
429 South 18th Street
Camp Hill, PA 17011
By:
enD. Rauch, Esquire
Counsel for Defendant,
Stanley Deimler, t/d/b/a
Lemoyne Auto Service
! ,(
"
,
i
,
, \.,\ ~2.- S-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
GREG A. AL T and
JAIME L. ALT, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
PETITION FOR LEAVE TO JOIN
ADDITIONAL DEFENDANT
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
(Jury Trial Demanded)
Filed on Behalf of the Defendant
(')
Counsel of Record for This partY.i
-eJOJ
rrr-;'\
~;.~';
~::{:)
2~o
~(~}
..... ~;
:;:
Kevin D. Rauch, Esquire
Pa.I.D.#83058
Jason P. Wrona, Esquire
Pa.I.D.201538
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14225
...., 0
=
"", -n
0"
'- =r-n
:<-
X 111-
uS;
W 66
C>
--1
-0 ~~
:A /-
W 8
)>
Xl
-J -<
DEFENI:WIr8
I EXHIBIT
fJ
"
.,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
Opposing counsel does not concur with this Petition.
PETITION FOR LEAVE TO JOIN ADDITIONAL DEFENDANT
Defendant Stanley Deimler, t1d/b/a Lemoyne Auto Service, by his undersigned
counsel, petitions this Court pursuant to Pa.R.C.P. 2253 for an Order allowing joinder of
Team Rahal, Inc., t1d/b/a Bobby Rahal Honda ("Bobby Rahal Honda"), as an Additional
Defendant in this action and in support thereof alleges as follows:
1. Plaintiff instituted suit against Defendant Stanley Deimler, t1d/b/a
Lemoyne Auto Service, on November 17, 2005. Service was made upon the Defendant
on November 21,2005.
2. On December 5, 2005, Defense counsel undertook the defense of the
Defendant, Stanley Deimler, t1d/b/a Lemoyne Auto Service, in relation to the subject
action.
3. On that same day, Plaintiff's counsel granted a thirty day extension in
which to file an Answer.
,
~ \
4. Due to circumstances outside the control of Defense counsel, Mr. Deimler
was unable to meet to discuss the Answer and New Matter prepared on his behalf until
January 16, 2006. On this date, Mr. Deimler explained the facts surrounding the
Complaint and endorsed the Answer and New Matter.
5. Defense counsel filed an Answer and New Matter on behalf of Defendant,
Stanley Deimler, t1d/b/a Lemoyne Auto Service, on January 18, 2006.
6. As a result of the initial meeting with the Defendant, the Defense counsel
contacted various experts in the automotive industry to determine the potential liability
of Bobby Rahal Honda in relation to the damages alleged by the Plaintiffs.
7. Through this diligent investigation, it became apparent that Bobby Rahal
Honda is liable to the Plaintiffs as more fully set forth in the Defendant, Stanley
Demiler's, t1d/b/a Lemoyne Auto Service, Complaint to Join Additional Defendant,
Bobby Rahal Honda, attached hereto as Exhibit "A".
8. If the allegations of Plaintiffs' Complaint are proven at trial, this Defendant
believes and therefore avers that the proposed Additional Defendant, Bobby Rahal
Honda, is solely liable to Plaintiffs, is jointly or severally liable on Plaintiffs' cause of
action against Defendant or is liable over to Defendant for full indemnity and/or
contribution for all such loss, damages, and/or Court costs as Defendant may suffer as
a result of th is action.
9. Defendant Stanley Deimler, t1d/b/a Lemoyne Auto Service, filed this
Petition promptly after uncovering facts that support a good faith basis to plead a cause
of action against Additional Defendant, Bobby Rahal Honda.
10. The allowance of this Petition will permit the liabilities and rights of the
,
.
various parties to be heard and determined at the same time, thereby avoiding a
multiplicity of cases and fostering judicial economy.
11. Defendant Stanley Deimler, t1d/b/a Lemoyne Auto Service, will be
adversely prejudiced by denial of this Petition, as he has a good and meritorious action
against the proposed Additional Defendant which can be best adjudicated at the same
time as Plaintiffs' case against the Defendant.
12. The proposed Additional Defendant will not be prejudiced by the joinder of
this matter, since the facts which form the basis of liability against him are simple and
straightforward. In addition, this Defendant, in order to minimize any inconvenience to
the Additional Defendant, will provide copies to him of all discovery material generated
to date.
13. Plaintiffs will not be prejudiced by joinder of the proposed Additional
Defendant.
WHEREFORE, Stanley Deimler, tld/b/a Lemoyne Auto Service, respectfully
requests this Court grant his Petition and permit the filing of a Complaint against the
proposed Additional Defendant, Bobby Rahal Honda.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
~~WM~
Kevin D. Rauch, Esquire
Jason P. Wrona, Esquire
Counsel for Defendant,
Stanley Deimler, tld/b/a
Lemoyne Auto Service
, "
,
.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Petition for
Leave to Join Additional Defendant has been mailed by U.S. Mail to counsel of
record via first class mail, postage pre-paid, this 2- /
day of
~~
,2006.
Michael L. Bangs, Esquire
429 South 18th Street
Camp Hill, PA 17011
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
~w
evin D. Rauch, Esquire
ason P. Wrona, Esquire
Counsel for Defendant,
Stanley Deimler, t1d/b/a
Lemoyne Auto Service
"
h
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DE IMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
ORDER
And now, this
day of
, 2006, upon consideration of
Petition of Defendant, Stanley Deimler, Ud/b/a Lemoyne Auto Service, for Leave to Join
Additional Defendant, it is hereby
ORDERED that said Petition is granted and that Defendant, Stanley Deimler,
t1d/b/a Lemoyne Auto Service, shall have
days from the entry of this Order within
which to file a Complaint to Join Team Rahal, Inc., t1d/b/a Bobby Rahal Honda as an
Additional Defendant.
This Order is without prejudice to the right of Team Rahal, Inc., tld/b/a Bobby
Rahal Honda, to timely object to this joinder.
J.
by the Court
, .
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
RULE TO SHOW CAUSE
And now this _, day of
, 2006, upon consideration of the
foregoing Petition, it is hereby
ORDERED, that
1. A Rule is issued upon the Respondent to show cause why the Petitioner is
not entitled to the relief requested;
2.
The Respondent shall file an Answer to the Petition within
days of
this date;
3. The Petition shall be decided under Pa.R.C.P. 206.7;
4.
Argument shall be held on
, 2006 in Court Room
of
the Cumberland County Courthouse; and
5. Notice of the entry of this Order shall be provided to all parties by the
Petitioner.
J.
by the Court
.
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
CIVIL DIVISION
GREG A. AL T and
JAIME L. AL T, his wife,
NO. 2005 - 5974
Plaintiffs,
COMPLAINT TO JOIN ADDITIONAL
DEFENDANT
v.
STANLEY DEIMLER, tld/b/a
LEMOYNE AUTO SERVICE,
Defendant.
(Jury Trial Demanded)
v.
Filed on Behalf of the Defendant,
Stanley Deimler, t1d/b/a Lemoyne Auto
Service
TEAM RAHAL, INC., t1d/b/a
BOBBY RAHAL HONDA,
Additional Defendant.
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
TO: Additional Defendant
Jason P. Wrona, Esquire
Pa. I.D. #201538
You are hereby notified to file a written
response to the enclosed Complaint to Join
Additional Defendants within twenty (20) days
from service hereof or a judgment
may be entered against you.
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L:L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
Summers, McDonnell, Hudock,
&S~Elel, L.L.P.
(717) 90,1-5916
- .
#14225
, .
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant,
v.
TEAM RAHAL, INC., t1d/b/a
BOBBY RAHAL HONDA,
Additional Defendant.
COMPLAINT TO JOIN ADDITIONAL DEFENDANT
AND NOW, comes the Defendant, Stanley Deimler, tld/b/a Lemoyne Auto
Service, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel,
L.L.P., and Kevin D. Rauch, Esquire, and Jason P. Wrona, Esquire, and files the
following Complaint to Join Additional Defendant and in support thereof avers as
follows:
1. This lawsuit was initiated by the filing of a Complaint on November 17,
2005. Attached hereto as "Exhibit A" is a true and correct copy of the Plaintiffs'
".,. ,"--';..'n
Complaint.
2.
Plaintiffs, Greg
and Jaime L. Alt, reside at 858 Lexington Place,
Lewisberry, York County, Pennsylvania.
3. Defendant, Stanley Deimler, is an adult individual who trades or does
business as Lemoyne Auto Service located at 2236 Old Gettysburg Road, Camp Hill,
Cumberland County, Pennsylvania.
4. Additional Defendant, Team Rahal, Inc., tld/b/a Bobby Rahal Honda,
("Bobby Rahal Honda") is a Pennsylvania Corporation with an address of 6696 Carlisle
Pike, Mechanicsburg, Pennsylvania 17055.
5. At all times material hereto, Bobby Rahal Honda acted and/or failed to act
by and through their respective agents, servant, workmen, and/or employees and each
other within the course and scope of their employment.
6. This lawsuit arises out of mechanical work performed on the Plaintiffs'
1998 Honda Accord ("Automobile") on or about October 4, 2005, through October 15,
2005.
7. On or about the aforementioned dates, the Plaintiffs delivered their
Automobile to Defendant Stanley Deimler, tldlbla Lemoyne. Auto Service, and
authorized him to conduct repairs on the Automobile.
8. On or about the aforementioned dates, Defendant Stanley Deimler, tld/b/a
Lemoyne Auto Service, informed the Plaintiffs that the Automobile's engine had a blown
head gasket.
9. On or about the aforementioned dates, Plaintiffs demanded that
Defendant Stanley Deirnler, t1d/b/a Lernoyne Auto SerVice, halt repairs and tow their
Automobile, at no cost to them, to a repair facility owned by Additional Defendant Bobby
Rahal Honda, for repairs.
10. On or about the aforementioned dates, Defendant Stanley Deimler, tld/b/a
Lemoyne Auto Service, towed the Automobile, at no charge, to the repair facility owned
by Bobby Rahal Honda.
11. On or about the aforementioned dates, the Plaintiffs informed employees
of Bobby Rahal Honda, that Defendant, Stanley Deimler, t1d/b/a Lemoyne Auto Service,
diagnosed the Automobile engine with a blown head gasket.
12. An employee of Bobby Rahal Honda informed Defendant, Stanley
Deimler, Ud/b/a Lemoyne Auto Service, that the Automobile's engine became
"hydro locked" when the employee started the engine, and that the engine also suffered
a bent connecting rod.
13. On or about the aforementioned date, employees of Bobby Rahal Honda
determined that the Automobile's engine was ruined by the bent connecting rod and
replaced the engine at a cost to the Plaintiffs of $4,382.36. See Bobby Rahal Invoice
attached hereto as "Exhibit B."
14. On November 17, 2005, the Plaintiffs commenced an action against
Defendant Stanley Deimler, t1d/b/a Lemoyne Auto Service, for alleged negligent repairs
that resulted in the bent connecting rod and destruction of the Automobile's engine.
,
15. If it is proved as alleged by Plaintiffs, Greg A. Alt and Jaime L. Alt, that the
damage done to their Automobile's engine was the result of negligence, which is
expressly denied by this Defendant, then such damage was a direct and proximate
result of the negligence of employees of Bobby Rahal Honda, generally and in the
following particulars:
(a) Failure to properly test and/or diagnose the Automobile's engine problems
prior to running the engine;
(b) Failure to take all reasonable steps necessary to ensure that the
. Automobile's engine would not be destroyed when it was started;
(c) Failure to heed the warning that the Automobile's engine suffered from a
blown head gasket; and
(d) Failure to stop the Automobile's engine before fatal damage occurred.
16. If the Plaintiffs suffered any damages, which is denied, then those
damages are solely the result of the aforementioned negligence of the employees of
Bobby Rahal Honda.
17. Further, if this original Defendant, Stanley Deimler, tld/b/a Lemoyne Auto
Service, is found liable, then he claims a right of contribution and/or indemnity from
Bobby Rahal Honda, on the basis of its negligence.
WHEREFORE, original Defendant, Stanley Deimler, t1d/b/a Lemoyne Auto
Service, requests that in the event of aVerdic;t in damages in favor'of the Plaintiffs, Greg
A. Alt and Jaime L. Alt, and against the original Defendant, Stanley Deimler, t1d/b/a
Lemoyne Auto Service, then he is entitled to indemnity, contribution and/or liability over
from the Additional Defendant, Team Rahal, Inc., t1d/b/a Bobby Rahal Honda, and an
amount of damages in the amount of the verdict.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
Kevin D. Rauch, Esquire
Jason P. Wrona, Esquire
Attorneys for Defendant
"
;. .'
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing COMPLAINT
TO JOIN ADDITIONAL DEFENDANT has been mailed by U.S. Mail to counsel of
record via first class mail, postage pre-paid, this
day of
,2006.
Team Rahal, Inc., tld/b/a
Bobby Rahal Honda
6696 Carlisle Pike
Mechanicsburg, PA 17055
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
Kevin D. Rauch, Esquire
Jason P. Wrona, Esquire
Attorneys for Defendant,
Stanley Deimler, t1d/b/a
Lemoyne Auto Service
~'.
I_V...J~/Ll:::JiQ;:J
D IJ - S "', .1."-. ~.'GE(b.r,' ,
FRO~j,-: MARSHALL K R! , , M
1.;:);"--fO
~RX NO~ 7i7-?63-908~
(
Nov. 292005 11:13AM P2
.. k
~
MICHAEL L. BANGS, ESQD1'RE
I.D. #41263
429 SOUTH lSTlf STREET
CAMP !-IlL!" FA 17011
(717) 730-7310 .
GREG A. ALT and JAIME L. ."-LT,
his wLfc:r
A'fTORNEv FOR PLArNTJE'FS
Plaintiffs
)
)
)
)
)
)
)
)
)
--
iN THE COT.JRT 01' COMMON P(,EAS
OF CUMBERLAND COUNTY,
P'&"!NSYL VANiA
., w__._
V$.
NO. 2005 . - J;"C/''i!j
CIVIL ACTION
CIVIL
STANLEY DEL\1LER, tfdlb/a
Lemayno Auto Service,
Defendant
NOTICE
=.;:....:;....,..,
you HAVE B.EEN SUED .IN" COURT If you Wish t<?--clefend against theclaiills set: . .
fortliin tho [allowing pages; you must take actiort 'Within twenty (20) days aft(!r this, Cqlnplamt
arid NO~ce are served, by ynteting a.'-'<Titten appearance personally or by attorney and Billig in
Writing with the Court; your -defenses or obj~ctioris to the claims set forth against you. You are
warned that ifyoq fail to do so the case may proceed withoUt you and a-judgmelltmay be entered
again~t you by the Court without further notice for any money claimed in the Complaint or for
allY other claim or relief requested by the Plaintiff. You may lose money or property.or other
rigbts irnportant to you,
You SB:OULD TAKE THIS PAPER TO YOUR LA.WYER AT ONCE. IF YOU DO .
NOT HAVE A LA Wl'ER OR CAt~'NOTA1:'FORo O:NE; GO TC) ORTELHPHONE THE .
. OFfICE REI' FoknI BELOW TO FIND out WHERE YOt! CAN GET LEGAt HELP,
Cumberland County Bar Association
32 South Bedford Street
CiU'lis!e,1>ennsyivaniaJ7013
Te1eph6.lle~ (717) 249-3166
1'-l1~--Jc..tJ li"tJ~...
"
e F~OM,~ MARSHALL K.uAVrS ~
"
~.
8G(
FAX NO.
717-763-908.
,.
i
Nov. 30 2005 03:33PM Pi
I
,
,
,
MICHAE;L L; BANGS, .E;SQV1RE
J.D, #41263
429 SOUTH ISm STREET
CA.tvfi' HILL, P A 17011
(117) 730-7310
(JREG A. ALY and JAIME L. ALl',.
his Wife,
ATTOlli'-.lEY FOR PLAlNTJFFS
P Iaintif.fs
)
)
)
)
)
)
)
)
)
IN THE COORT OF COMMON PLEAS
OF CD:M:BERLAl-41J COUNTY,
P.E...J.mSYLV ANrA
VS.
NO. 2005
CNIL
STANLEY DEL\1L)3R. t/dJbla
Lemoyne Auto Service;
Defendant
C1VIL ACTION
COMl'rAINT
AND NOW come the Plaintiffs, GREG A. AL T and JAIME L. AL T, his wife, hy and
thrOUgh their attorney, Michael L. Ba.'1gs; Esqmre, and in S\Lpport thereof fi!~s the following
Complaint:
. individuals who resideat858 Lexingt:ln Place, Lewisberry, York C01.li1ty, Pet"illsylva.'1ia. .
2, Defendant, STANt,EY bElMLBR is an adult individual who trades or does business
as Lemoyne Auto Service located at 2236 Ofd Geitysl:nl.J;'g Road, Camp ,Hill, Cum berland
. CO\.!l1ty, PennsyIvalliit. .
1. Plaintiffs, G1{EG A. AL T and JAIMEL. AL T, ~ husba!i.d and wife and adult
.._, .'
'....'-'11 '.
,
1'1H."'-wHHLL K DAUIS INS AGE;.t?'~'V
\
Fe:i)< NO.
7~7-763-908n
f
(
Hot,). 29 2205 11:1aP.M P3
,c
,
~.... ~
,-
indicated so tbat the Automobile w6uld pass the inspection and emissions te~t
5. Plaintiffs, in reliance llpon the expertise of Defendant, authorizcd the repairs 'lS
6, Defend"-\lt contacted Plaintiffs and indieq:ted illat when he had taken the AUtomobile
On a test drive fOllOwing the eomp)etio.ri oflby repairs, it blew a ga~ket illJd there would be an
addi ti6nai $ I ,000.00 charge foJ:' those repairs.
7. Defendant \vas advised by Plaintiffs not to do any further work on the Automobile and
that <hey Would take it [0 anoilier Jocatlcm.
g. Defendant refused to release the Automobile until the invoice for the work t!Jar he
. - '.
per[oti:i1ed On the 1-'dtomobile was paid in the <Ullonutof $393.94. Attacnedllereto and 1l1arked '
' ..' .,'''' , , ',' "',
as,5:hibitA is it tnle and COrrec[copy ofllie in-i.'oice.
9. PJain'ti:ffi; took the Automobile to another service reoair station to determine the extent
of the damages and the cause of the damages,
. 10. Plaintiffs wel'e advised that the engine had been ruined due to overheating anc\ the
. ".
- c. .
overhoating -was Gt(used by a gasket missing from the idle air Control motOr:
.. ,. . . '." . , -.,' ,.-..... ......
.' ..".',"
ll, Plain-rJrs Stloseqt;entIy had the Aut01iiobilerepaired and meeost of the repair W.\1.;,
_$1,-,382.3 6, Attached nereto and marked as Exhibit B is a true and COrrect copy of the" invoice for
rh" repairs.
. ~. ' ..
"'-'~
! ,,'
I'.. ,"..
,. :
/'" G:U11 ,: i'lA.C?SHALl K DAlJ 1 S I r.1S AGEy('~Y
i
NU. e5dlJ ~- [,J00~
,cqX HO.
717--763-90BP
f~
(
N6V~ 29 2005 11;14~M P4
J 4. Defendant had a duty to make thoso repairs in a good artd w(lrk.manlikc (",shion and
to return the AUtomobile to J:'laintif:fs with tile repairs completed.
J 5. Defendant was negligent in the completion of tho repairs to Plaintiffs' Automobile in
accordanCe ,'Vim the foHowing:
A. Failure to properly complete the repairs to the EGR valve and idle air
COntrol valve;
B. Failure to replace alI pieces and gaskets tD the idie air control motor;
C. Failure to properly test the A ntomobile prioi; to lUlining the engine; and
1) . Failure to take all reasonable steps necessary to ensure that the engine
WOuld no! be destroyed when ho cbmp1eted the test drive.
16. As a result of the negligence of Defendant, Plaintiffs have ineuired damages in. the
amount of$4,776.30.
17. The damages inCUtTed by Plaintiffs Were the dir~ct and proximate r~Sult orthe
nei;J1gencc ofDef'endant in falling to completetlierepairs t01>Iaintiffs,' Auio~Obilepi'operIY.
. Wt:IERE.FORE, PlaiIltif.fu demand judgment against DefendanT iu the Il.IllOUl1t of
$4,716.30; plus interest., plus costs of suit.
.J..-.J.'-tL)
NU~,jdld I)t::I111
. .
: ,,' ,L'
FRDC'l ': ~1RRSHAU_ '< DRV I SINS AGE? .,
, I,
FAX ~'~D. : 717-763-908r
i
/
(
Nov~ 292005 1111SAM P5
20. Dclcndant agreed to perform thc work necessary OL\ the Autom(!biIc in order (()
ensure thaI it would pass the arumal inspection and emissions test.
21. Vil,ile the AuwffiQbile Wq.s in the custody and care ofDefellc1al1t, the engine on the
Automobile Was destroyed.
22. Oefend''llt rClimied the Automobile to P1aiutiffu without the repairS having been-
completed as promised and with the Automobile's engine having been destroyed.
23. Defend;m,t had an obligation to return the Automobile entrusted to him by Plaintiffs
with the prOper repai,s made slich th.at it would pass the annual inspection and emissionstesL
24. Defendant cau~~d the destruction to Pltlintiffs' AUtomobile engin~ by his failure to
- '~'. .,
complete the repairs properly which resulted in the destruction of the engine.
25. Since Defendant ret:unred the Automobile with it destroyed en.gine to Plaintiffs,''''
. - '.
Plaintiffs were required to have the AutomOblle fixed by another dealership so thil! it would be in
the same or substalltiall y the same condition that it Was at the time that it was entrUSted to
,Oefelldant.
26; Tll order to return. the A.utomobile to the sam~ or substantially the SBn1e condition that
it was at the time the Automobile "-'as entrusted to Defendant, Plaimiffs inc'UL-red damages [or the
\
. .
-- . .
. repairofthe Au~qmobile ill th'e arnolmtot"$4,382.36 wbich is evidenced by Exbi9i~ B whicllis'
., , ~ '. - . .
attached hereto ahdlllade apart
~"
Il- .'",
"
FRpM',; ~jRRSHRLL 1< DR\! I S I NC; RGr.1
f=""AX NO_
717-7S3-9g8)~
,
(
,
Nov.
30 - 2005 03; 34Pj'1 P2
.
.
28. The repairs made by Defendant Were not done wirh ordinary care and Wore done ''1 a
negligent manner that caused fu.--ther damage to Plaintiffu' Automobile.
29. Defend3.I:lt is liahre to Plaintiffu in the amount of$4,776.30 as a result ofhis failure to
deliver the Automobile back to Plaintiffs in the same or substantially the same condition as it
was prior to delivery, inclusive of making the repairs necessary fOr the Automobile to pass the
<<p-nual inspection and emissions test.
,
WHEREFORE, Plaintiffs demarlcljudgtiient aiamst Defendant in the amount of
$4,77630, pl~ interest, plus costs of suit.
RespeClfull Y SUbmitted,
~L~
/ttCHAE'L L. BANGS
Attorney for Plaintiffs
429 South lSth Street
CmupHill,PA 17011
(717) 730-7310
Supreme COlLl'tIJ) #41263
FRmr1"'~
MRRSHALl k DPUIS
Ii,i"'" qoEt-.-.
i
FRX NO.
717-763-90Bi7
Nov. 292065 11:15AM P6
C
J ,'... ,'",
.,.":'
VERIFICATION
We hereby verify that !l1e statements made L'1 the foregoing d()cumentare truo and
conect. We understand (llat false statements herein are made ~ubjecl to the penalties of 1 g Pa.
(:.S. Section 4904, relating to unSWorn talsification to authorities.
Date:1J()j. ) 6, ZoOS
~{j
/J! . .
GREG. LT
t:2ff
1~~aI /Jl~
BPbby JM,,",. .
"'D~h
"".1\(ui .
. HONDA
Bobby Rahal ~Honda
6696 Carlisle Pike
Mechanicsburg; Pa. 17050
Phone (717) 766-4300
www.bobbyrahaLcom.
CLlE~ NO.
25761
... .........,'<..:;;;,,~~[~~~O~~iili.~\ti~~i:~o~;it~~;i;,).ttQ~(~:;::
..~-., '. <.'" .' ...,..OME.9R... 111,648
',j[~j~TA~:~t~i~i~~~~%$~~f~t~y~. :'. .
VEHlct.E 1.0. NO.
1 H G C G 1 6 5 x W A 0 0 2 4 9 0
JAMIE ALT
858 LEXINGTON PL
LEWISBERRY, PA 17339
.~'~1.:~~'!J-2540 '''L"7~:~1~,':;~~'
. _'. .' '. __, .'.~ ..;t'f..",~",
TATE IN P ] 0
.1f&~l~Hg~J:~:;.'.'::~':;;iE~~~~~~~_~"~~61lP.',ffQ
CUSTOMER STATES HAD VEHICLE AT ANOTHER GARAGE. REPLACED lAC
AND EGR VALVES AND NOW GffilNG CHECK ENGINE LIGHT ON. WAS
TOLD HEAD GASKET BLOWN. CHECK AND ADVISE. ." .
TECHNICIAN INSPECTED VEHICLE'AND FOUND COOLANT LEVEL LOW.
WHITE SMOKE EXITING EXHAUST. NOISE FROM BOTTOM END OF MOTOR.
POSSIBLY BENT CONNECTING ROD DUE TO VEHICLE OVERHEATING.
RECOMMEND REPLACINGENGINE ASSEMBLY. . .
TECHNICIAN INSTALLED USED ENGINE ASSEMBLY. RECHECKED
AND FOUND ALL OPERATIONS NORMAL AT THIS. TIME.
I j INOTED GASKET MISSING FROM IDLE AIR COKfRllL MOTOR
BEMEN MOTOR AND INTAKE MANIFOLD. ALLOWING COOlANT TO
EmIR INTAKE MANIFOLD. CAUSING OVERHEATING! ((
PARTS.-.--.QTY--.FP.NUMBER----.-----_____DESCRIPTION..__--.-----.-.....-UNIT PRICE-
JOB IF 1 1 PREOWNED. ENGINE ENGINE 2500.00 2500.00
JOB IF 1 1 1941l-P8A-A02 GASKET. FR. 3.38 3.38
JOB IF 1 1 I9412.P8A-AOl GASKET. RH. 2.32 2.32
JOB IF 1 1 44018-S84.COI BOOT SET OUTBOA 26.44 26.44
JOB IF 1 1 50806-SB7-ABO RUBBER. RH. 16.00 16.00
JOB IF 1 1 06I75-PBC-AOl KIT. EGR PIPE 91.67 91.67
J08 IF 1 1 17220.PBC-AOO ELEMENT. AIR CL 23.68 23.68
JOB IF 1 1 90240. ClAMPS. 2.50 2.50
JOB IF 1 2 OL999-9011 COOlANT TYPE-2' 10.68 21.36
JOB IF 1 2 08200-9001 Fwm ATF-Zl 4.50 9.00
JOB IF 1 TOTAL PARTS 2696.35
JOB # I TOTAL lABOR & PARTS 4076.35
.Mt;2~Q~~Qiii.~~~.~ii{~tiwtii~~i~$.g~~~,~i1i.ibg_~;.~~Jii
STATE INSP _ . .
PA STATE I~SPECTION STICKER IF: 0027692 .
ca;PLETE STATE INSP, PASSED
PARTS- - - - - .QTY. ..Fp.NUMBER. - -. - - - -. -.. - - -DESCRIPTION- -." - --- -.. -'. - -.. -UNIT PRICE-
JOB IF 2 TOTAL PARTS 0.00
_ . -.,">' . cd,,,,.". i/""";C". ..,. '..,", . JOB. IF.2TOT~LLABOR & PAilTS .. '. .'.., IIj.OO
.J#,.~~Qi~oiiE~isST~i~Mi.~UiJiti~~Iiilli~~~~~~j
'. .. CUSTOflER REQUESTS STATE EMISSION TEST BE PERFORMED . .. . . .
. '. PERFORM EMISSION. TEST PER STATE REGUALTIONS . .
,."",.e., C" TECHNICIAN PERFROMED EMISSION,TEST;' VEHICLE' PASSED
i . . REGULA!IO~S;.i .'.....
.8 PAATS,.-,--QTY-..FP-NUMBER':-::::'- .
..- 'DESCRIPTION-- --. - - - -.... - - - -.: -UNIT PRICE-
-.. '. JOB IF 3 TOTAL PARTS
~
"
i . '. JOB IF 3 TOTAL lABOR & PARTS 37.55
w . _ ------ -- -- ---- -.------ _ -... _ __ _____. __ "...._". ________________ _____"_ _.".________ ___0.__________
. G.O.G. & SUPPLIES--.... ..., - -- -.. _.. _ ___ ..._ ____.._....,.._.... ",_,__" __.........
I JOB IF 2 1.0 STATE INSP STICKER' @
~ JOB #' 3 1. 0 Mel TRANSACTION FEE
.J ::
0.00
~
ol:; PAGE 1 OF2
. 2.00
2.40
ON NEXT PAGEl 02:11pm
INVOICE DATE
10/14/05
COI..OR
EMERALD GRE
INVOICE NO.
HOCS662974
STOCK NO.
DEUVERY DATE
DELIVERY MILES
SEUING DEALER NO.
PRODUCTION DATE
"i0/07/05
REPRINT# 3
MO: 111695,
Thank You'
for choosing
Bobby Rahal
for servicing your '.
vehicle. Our entire.
'.'
staff works hard
to make snre you
are 100% satisfied; , "
.... . .
'. .... Thank Yon Again!,
Bill Bain .
. (717) 766-4300 '.'
. Visit
. www.bobbyrahalcoIIl . .
for your next
service
. Appointment!
,,' .
. ;
CAR WASH.i-J6uRS'(
. Monday" Friday..
7:00am- 7:00pm
. . . Saturday:'. .
; ,9:00am - 4:00pm;\,.
. Sunday: CLOSED
,.
SF601230(()4101)
~nl~r AlA" A
Raffi'~.-.-'<JY . ;~ ,r
, ' :.tl
,." .n'dI
'HONDA
,
lobby Rahal Honda
6696 Carlisle Pike
Mechanicsburg, Pa. 17050
Phone (717) 766-4300
www.bobbyrahal.com
CliENT NO.
"'1!'tZ~~'l'l-2540
. flIj~""SSl'liQIja" ,::'~;;;2~:;'
1 J.l ~ 0<<) ~5'3'1~5'1;1lC'
. '., .'. '_ .'"",",;;,.,':~:_~~'"i',i')~
J~~:$~9JJ.~:~,i~Pi~i~~:hi~;fAti~~~.~~ii~9~ ;:r.::.". :; ".'
lABOR RATE UOENSE NO. MILEAGE
: ' '''; ';',~]~fi:9,1t;;.;,,< .111,648
. J~~.faQNW4Xk~~~~&~;~~~~~;Q~~ⅈy~;,.';. .....
VEHICLE !.D. NO,
1 H G C G 1 6 5 x W A 0 0 2 4 9 0
INVOICE DATE
.10/14/05
COLOR
EMERALD GRE
DEUVERYDATE
INVOICE NO.
Hocs662974
25761
STOCK NO.
JAMIE AL T
858 LEXINGTON PL
LEWI$BERRY, PA 17339
DEl,lVERYMllES
SELLING OEALER NO.
PRooucnON DATE
R.O.DATE
10/07/05
REPRINT# 3
MO: 111695
ESTIMATE. - - - - - -. - - . . . .. - . . . . -.. . -. - .. ... .. .. . - - -.. .. _ _. _ _ _ .... _ _. _ _ _., _ _ _. . _. _ _ _. . .
CUSTOMER HEREBY ACKNOWLEOGES RECEIVING
ORIGINAL ESTIMATE OF $69.00 (+TAX)
APPROVED REVISED ESTIMATE (if Il. OF $4500.00 (+TAX) ON 10/IO/05 AT 11:32am
BY GREGORY ALT COMMENTS CUSTOMER AUTHORIZED NEW LONG BLOCK.
CDMMENTS---. --.. -, --".. - - --.. --.-... --------. ----__..__ __ __.__.. __.____.....__,....
TOW IN-69fHR-Jl
PA STATE INSPECTION OUE: 10/06
COOLANT GOOD TO -34 DEGREES,
FRONT TIRE TREAD DEPTHS: 10/32
REAR TIRE TREAD DEPTHS: 2/32 (VERY LOW)
ITIRE PRESSURES SET TO FACTORY SPECS.
FRONT BRAKE PAD DEPmS: 11/32
REAR BRAKE PAD DEPTHS; 8/32
IpA STATE INSPECTION STICKER if: 0027692
THANK YOU FOR CHOOSrNG BOBBY RAHAL SERVICE!
RECOMMENDATIONS-... .---.... - .--.. .--.---... ....._____...... _______..... __ ......_....
TECH 185 RECOMMENDS:
REPLACING REAR TIRES VERY SOON DUE TO LOW DEPmS.
4 WHEEL ALIGNMENT WITH TIRE REPLACEMENT.
NOTED COOLING FAN MOTOR NOT OPERATING. NOT DUE TO ENGINE
OVERHEATING OR REPlACEMENT. ""
NOTED POSSIBLE DAI1AGE TO CATALYTIC CO~~ERT DUE TO ENGINE MISFIRE.
TOTAlS--.... -... --........... -.. --.... .________...__.. ..__.: _ ._... ....... ............. ...___ ,____
TOTAl lABOR....
TOTAL PARTS....
TOTAl SUBLET...
TOTAL G.O.G....
. TOTAl MISC CHG..
TOTAL MISC DISC
TOTAL TAX......
TOTAL INVOICE. $
.....Thank You'
. for choosing .
Bobby Rahal
, for: servicing your .
" vehicle. Our entire
"'staff works hard
to make sure you
. are 100% satisfied:
. ,Thank You Again!>
Bill Bain
. {.717).766-4300 ,.
1433.55
2696.35
0.00
4.40
0.00
0.00
248.06 >.
Visit
. www.bobbyrahal.COIll '
for your next, "
service
Appointment!
4382.36
DUPLI ATE INVOICE
"CAR WASH HOURS.
CUSTOMER SIGNATURE
**************************
'i.
Monday - Friday, ,
. 1:00am -7:00pm .
Saturday
9:00am - 4:00pm
Sunday: G/;;0SEB',,',
PAGE20F2
CUSTOMER COpy -
[ ENDOF,INYOICE'j 02:11pm
- "'-.':,'t{j;!_~X:..-t~:::".'C?'-
SF5012~O (04101)
,
.. .:
, >
,. .,..
,
~
- '-;BB\.~ . .HAHA~ . H~I1t"~~~.R
. tf.96 CHR~1fH PIKE.
i:jECHA!~trS8i~RG~. PA 17~0~-0.
~
Tl~2' '~:12 ~11
TERN# ~~Jj3[:tBZ~S
iT?E SALE
DillE t0ii4l~G. .
f't.~~' ff~J17Hi6:;~~1997
-:;~~;::~!~~ri::f;:~~;{>::~<:~: 1296,
;:t[~ #" ,;1%
TIti1T ~ ~JH~6f,2974
RJ,-m-ll:CiiE ~; 141213'
. ..
'UJHL ~4382~~6
C:U:=;T~!I'-~ER GOP~l
'. '... 10~' 51 -LOU5(l\.1.:LS
{
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
(Jury Trial Demanded)
RULE TO SHOW CAUSE
And now this .kL, day of :J..d..<<< . "I ' 2006, upon consideration of the
foregoing Petition, it is hereby
ORDERED, that
1. A Rule is issued upon the Respondent to show cause why the Petitioner is
not entitled to the relief requested;
2. The Respondent shall file an Answer to the Petition within ;2.() days of
this date;
3. The Petition shall be decided under Pa.R.C.P. 206.7;
cur / I :36 II m..
4. Argument shall be held on ~ I '-I ,2006 in Court Room L/ of
the Cumberland County Courthouse; and
5. Notice of the entry of this Order shall be provided to all parties by the'
Petitioner.
J. /~/ '1~ Q, /~
,
by the Court
're;;.!J": 4"iF'<./f'$'V E:"I"'\~" ~e,..Oo"
K \;~..lt... ~f' . , ~"Vlt'j . it;.:..\.:' .,h_v
in Tllatimiiay wOOr80I.llwll,unlo set rrr-j ltafld
"d t.ba Ieallilf sald Co:ut at Cati!sle, Pa.
rhi
DEFENDANT'S
I EXHIBIT
A
t~:L~(
. ..' '/"'/\0
BANGS LAW OFFICE
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
E-mail: mikebangstWverizon.net
PHONE: 717-730-7310
FAX: 717-730-7374
MICHAEL L. BANGS, Attorney-at-Law
WENDY K. STRAUB, Paralegal
WILLIAM E. MILLER, JR.
Of Counsel
February 17, 2006
Jason P. Wrona, Esquire
Summers, McDonnell, Hudock, Guthrie and Skeel
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
RE: Greg A. Alt and Jaime 1. Aft vs. Stanley Deimler
Dear Mr. Wrona:
We have decided not to contest your Petition for Leave to Join Additional Defendant. Therefore,
please move forward with making your Rule absolute and filing the Complaint to Join Additional
Defendant.
Michael 1. Bangs
wks
cc: Mr. and Mrs. Greg Alt
.,
M_.....~.M
..~..~&
DEFENDMIT'8
I EXC
1
(...\
.J l\ ,~I ;;, ..
<I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
ORDER
And now, this
/ 'f - day of
/)?~ ,2006, upon consideration of
Petition of Defendant, Stanley Deimler, tld/b/a Lemoyne Auto Service, for Leave to Join
Additional Defendant, it is hereby
ORDERED that said Petition is granted and that Defendant, Stanley Deimler,
t1d/b/a Lemoyne Auto Service, shall have 20 days from the entry of this Order within
which to file a Complaint to Join Team Rahal, Inc., tld/b/a Bobby Rahal Honda as an
Additional Defendant.
This Order is without prejudice to the right of Team Rahal, Inc., tld/b/a Bobby
Rahal Honda, to timely object to this joinder.
J.
3- f t(-oG f A
/: ('5~14X <;:<-/. JLt_~
Jlf;"
t. .",
'1
I
!'l
,
.,
-;1.
..
,
.J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREG A. AL T and
JAIME L. AL T, his wife,
NO. 2005 - 5974
Plaintiffs,
v.
COMPLAINT TO JOIN ADDITIONAL
DEFENDANT
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
(Jury Trial Demanded)
v.
Filed on Behalf of the Defendant,
Stanley Deimler, t1d/b/a Lemoyne Auto
Service
TEAM RAHAL, INC., t1d/b/a
BOBBY RAHAL HONDA,
Additional Defendant.
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa.I.D.#83058
Jason P. Wrona, Esquire
Pa.I.D.#201538
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14225
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant,
v.
TEAM RAHAL, INC., tld/b/a
BOBBY RAHAL HONDA,
Additional Defendant.
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claim 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
23 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166 or 1-800-990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demand as expuestas en las pagina siguientes, usted tiene viente (20) dias do plazo al
partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defenses
o sus objeciones alas demandas en contra de sus persona. Sea avisado que si usted
no se defiende, la corte tomara medidas y puded entar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de
A
demanda. Usted puede perder dinero OS sus propiedades 0 otros derechos importantes
para usted.
.~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant,
v.
TEAM RAHAL, INC., tld/b/a
BOBBY RAHAL HONDA,
Additional Defendant.
COMPLAINT TO JOIN ADDITIONAL DEFENDANT
AND NOW, comes the Defendant, Stanley Deimler, t1d/b/a Lemoyne Auto
Service, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel,
L.L.P., and Kevin D. Rauch, Esquire, and Jason P. Wrona, Esquire, and files the
following Complaint to Join Additional Defendant and in support thereof avers as
follows:
1. This lawsuit was initiated by the filing of a Complaint on November 17,
2005. (Attached hereto as "Exhibit A" is a true and correct copy of the Plaintiffs'
Complaint).
2. Plaintiffs, Greg A. Alt and Jaime L. Alt, reside at 858 Lexington Place,
Lewisberry, York County, Pennsylvania.
3. Defendant, Stanley Deimler, is an adult individual who trades or does
business as Lemoyne Auto Service located at 2236 Old Gettysburg Road, Camp Hill,
Cumberland County, Pennsylvania.
4. Additional Defendant, Team Rahal, Inc., t1d/b/a Bobby Rahal Honda,
("Bobby Rahal Honda") is a Pennsylvania Corporation with an address of 6696 Carlisle
Pike, Mechanicsburg, Pennsylvania 17055.
5. At all times material hereto, Bobby Rahal Honda acted and/or failed to act
by and through their respective agents, servant. workmen, and/or employees and each
other within the course and scope of their employment.
6. This lawsuit arises out of mechanical work performed on the Plaintiffs'
1998 Honda Accord ("Automobile") on or about October 4, 2005, through October 15,
2005.
7. On or about the aforementioned dates, the Plaintiffs delivered their
Automobile to Defendant Stanley Deimler, t1d/b/a Lemoyne Auto Service, and
authorized him to conduct repairs on the Automobile.
8. On or about the aforementioned dates, Defendant Stanley Deimler, t1d/b/a
Lemoyne Auto Service, informed the Plaintiffs that the Automobile's engine had a blown
head gasket.
9. On or about the aforementioned dates, Plaintiffs demanded that
Defendant Stanley Deimler, t1d/b/a Lemoyne Auto Service, halt repairs and tow their
Automobile, at no cost to them, to a repair facility owned by Additional Defendant Bobby
Rahal Honda, for repairs.
,
10. On or about the aforementioned dates, Defendant Stanley Deimler, t1d/b/a
Lemoyne Auto Service, towed the Automobile, at no charge, to the repair facility owned
by Bobby Rahal Honda.
11. While in Defendant, Stanley Deimler's custody, the automobile's engine
was functioning and was repairable.
12. On or about the aforementioned dates, the Plaintiffs informed employees
of Bobby Rahal Honda, that Defendant, Stanley Deimler, t1d/b/a Lemoyne Auto Service,
diagnosed the Automobile engine with a blown head gasket.
13. An employee of Bobby Rahal Honda subsequently informed Defendant,
Stanley Deimler, tld/b/a Lemoyne Auto Service, that the Automobile's engine was
"hydrolocked" and suffered a bent connecting rod.
14. On or about the aforementioned date, employees of Bobby Rahal Honda
determined that the Automobile's engine was irreparable due to the bent connecting rod
and replaced the engine at a cost to the Plaintiffs of $4,382.36. (See Bobby Rahal
Invoice attached hereto as "Exhibit B").
15. On November 17, 2005, the Plaintiffs commenced an action against
Defendant Stanley Deimler, t1d/b/a Lemoyne Auto Service, for alleged negligent repairs
that resulted in the bent connecting rod and destruction of the Automobile's engine.
...
16. If it is proved as alleged by Plaintiffs, Greg A. Alt and Jaime L. Alt, that the
damage done to their Automobile's engine was the result of negligence, which is
expressly denied by this Defendant, then such damage was a direct and proximate
result of the negligence of employees of Bobby Rahal Honda, generally and in the
following particulars:
(a) Failure to properly test and/or diagnose the Automobile's engine problems
prior to running the engine;
(b) Failure to take all reasonable steps necessary to ensure that the
Automobile's engine would not be destroyed when it was started;
(c) Failure to heed the warning that the Automobile's engine suffered from a
blown head gasket; and
(d) Failure to stop the Automobile's engine before fatal damage occurred.
17. If the Plaintiffs suffered any damages, which is denied, then those
damages are solely the result of the aforementioned negligence of the employees of
Bobby Rahal Honda.
18. Further, if this original Defendant, Stanley Deimler, t1d/b/a Lemoyne Auto
Service, is found liable, then he claims a right of contribution and/or indemnity from
Bobby Rahal Honda, on the basis of its negligence.
WHEREFORE, original Defendant, Stanley Deimler, Ud/b/a Lemoyne Auto
Service, requests that in the event of a verdict in damages in favor of the Plaintiffs, Greg
A. Alt and Jaime L. Alt, and against the original Defendant, Stanley Deimler, t1d/b/a
Lemoyne Auto Service, then he is entitled to indemnity, contribution and/or liability over
from the Additional Defendant, Team Rahal, Inc., t1d/b/a Bobby Rahal Honda, and an
amount of damages in the amount of the verdict.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SK EL, L.L.P.
By:
evin . Rauch, Esquire
Jason P. Wrona. Esquire
Attorneys for Defendant
, .
VERIFICATION
I, Stanley Demiler, verify that I am the Owner of Lemoyne Auto Service, and
hereby verify that the foregoing Complaint to Join Additional Defendant is based upon
information which I have furnished to counsel and information which was has been
gathered by counsel in preparation of this lawsuit. I have read the Complaint to Join
Additional Defendant and to the extent that the Complaint to Join Additional Defendant
is based upon information which I have given to counsel, it is true and correct to the
best of my knowledge, information, and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn
falsification to authorities.
1:..2
./ .0-0\0
Date
~
fS.....;
. Stanley Deimler, t1d/b/a
L..-I::emoyne Auto Service
#14225
, ..-
CERTIFICATE OF SERVICE
I HERESY CERTIFY that a true and correct copy of the foregoing COMPLAINT
TO JOIN ADDITIONAL DEFENDANT has been mailed by U.S. Mail to counsel of
record via first class mail, postage pre-paid, this "5 Cl
day of
Mt~
,2006.
Michael L. Bangs, Esquire
429 South 18th Street
Camp Hill, PA 17011
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
vin D. Rauch, Esquire
J son P. Wrona, Esquire
Attorneys for Defendant,
Stanley Deimler, t1d/b/a
Lemoyne Auto Service
HO .3ZU (,I\QUC:
11/30/2005 15:45
I F,QOi'1 ': r-'-lARSH.QLL ~< DR\) I S r ~6 AG~'
f="A>< t'-tO. : 717-753-gg80
No", 29 2005 11: 13r:1H P2
't. .
MICHAEL L. BANGS, ESQURE
1.D. #41263
429 SOUTH ISTlf STREET
CAI'vlP HILL, PA 170J I
(717) 730-73 J 0
A I'TORNEY FOR PLAiNTiFFS
GREG A. ALT and JA1ME L. ALT,
his \vi1c~
Plaintiffs
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON P,CEAS
OF CUMBERLAND COUNTY,
P&~SYLVA'NJP.
\i,.
NO.2005 -;;:c; '/ij
CIVIL ACTION
CIV1L
STA.:NLEY DElt\1LER, tld/b/a
Lemoync Auto Service,
Defendant
NOTICE
yOU HA VB BEEN SUED IN COURT_If you wish to defend against the claims set
fo+lh in the following pages, you must take action 'Within twenty (20) days after this, Complaint
and Notice are served, by entering a "'Titlen appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you, You arc
warned that if you fail to do so the case may proceed without you and aj\.ldgmeIlt may be entered
against you by the Court without further notice for any money claimed in the Complilint or for
any other claim or relief requested by the Plaintiff. You may lose motley or property or other
rights important to you,
you SHOULD T AKB THIS PAPER TO 'fOUR LAWYER AT ONCE. IF YOU DO
NOT f-IA VE A LA W'lER OR CA1"''NOT AHORD ONE, GO TO OR TELEPHOf-lE THE
OFFICE SET FORTH BEl.OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland COUllty Bar Association
32 South Bedford Street
Carlisle, :Pennsylvania 17013
Telephone: (717) 249-3166
DEFENDANTS
II-J
TRUE COPY FROM RECOP.O
.~ T"",-,,~__..,~,"~~i '."~" .....A ~'" m'" ;,~-'
'- ~;~S~~
,-;;,-.'-.;.
,--"'-.....--..
.. .'_'-_,.. ._u
"10. :,20 Gl003
11/30/2005 15:46
" ),
FRX NO. 717-753-9080
f"o", 30 2885 83: 3~:PM PI
FRr 1 ,: r1ARSHALL K ORVIS INS RG,
',- 1 ...
MICHAEL L. BANGS, ESQUIRE
LD.#41263
429 SOUTH IS'l1-l STREET
CAW HILL, P A 17011
(717) 730-7310
GREG A. ALT and JAIME L. ALT,
his wife,
ATTO&"lEV FOR PLAINTIFFS
Plaintiffs
)
)
)
)
)
)
)
)
)
IN nm COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 2005
CNIL
STANLEY DEl1\1LER. tfd/b/a
Lemoyne Al.lto Service,
Defendant
CIVIL ACTION
COMPLAINT
AND NOW come the Plaintiffs, GREG A. ALT and JAIME L ."I.LT, his wife, by and
through their attorney, Michael L. Bangs, Esquire, and in support thereof files the fol1O\,-ing
Complaint:
1. Plaintiffs, GREG A. ALT and JAIME L. ALT. are husband and wife and adult
individuals who reside at 858 Lexington Place, Lewisberry, York County, Pennsylvania.
2. Defendant, STA.l-o<LEY DE!MLER, is an adult individual who trades or does bus.iness
as Lernoyne Auto Seniice located at 2236 Old Gettysburg Road, Camp Hill, Cumberland
County, Pennsylvania.
3. On or about Ocrober 4, 2005, Plaintiffs brought their 1998 Honda Accotd automobile
("Automobile'') to Defendant for an annual inspection and emissions test.
4. On or about October 5, 2005, Defendant conlacted Plaintiffs and indicated that the
Automobile did not pass the emissions test and needed a replacement of a.T1 EGR Valve and an
idle air control valve.
1
11/30/2005 15:45
FriOI'1;' i'lR9SHALL K DR\) 1 SINS AG' -,~
, .
FA)< ,NO.
717-763-902.0
Nov. 29 2005 11: 14Ai'I P3
, .J
5, Pli,intifts, in reliance npon the expertise of Defendant, authorized the repairs ,)$
indicated :;0 that the Automobile would pilSS the iMpeclion and emissions test.
6, D<:fendant contacted Plaintitrs and indicated Goat when he had taken the Automobile
on a test drive fcHewing tho completion of the repairs, it blew a ga.oket and there would be an
additional $ I ,000.00 charge for those repairs.
7. Defendant was advised by Plaintiffs not to dQ any further \),'ork on the Automobile and
that they would take it to another location,
8. Defendant refused to release the Automobile until the invoice for the work that he c..~
perfonned on tbe Automobile was paid in the amount of $393.94, Attached hereto and marked
as Exhibit A is a true and correct copy of the invoice.
9. Plaintiffs took the Automobile to another service repair station to determine the extent
1M~
of the darnages l'.nd the cause of the damages. / o..O~
10. Plaimiffs were advised that the engine h;ui l:>cen ruined ell'" to overheating and the
overheating Was caused by a gasket missing from the idle air conrrol motor.
11, Plaintiffs subsequently had the Automobile repaired and the cost of the repair was
.$4;,382.36. Attached hereto and marked as Exhibit B is a true and correct copy of th" invoice for
the: repairs.
12.
I
Paragraphs 1 through 1~ are incorporated herein by reference as if more fUlly set
COUNT I
NEGLIGENCE
forth.
13. Defe.'"ldarrt undertoek. the repairs to Plaintiffs' Automobile.
2
11/30/2C'05 .' 15: 4~
.... r(Ul'l .: l'lI1RSHALL K DHl) 1 S I 1'15 Al~""""r.~y
, '
FHX NO.
717-763-:3888
Nov. 29 2005 11: 14At-1 P4
] 4. Defendant had a duty to make those repairs in a good and workmanlike !;;shioll and
to return the Automobile to Plaintiffs with the repairs completed.
15. Defendant was negligent in the completion of the repairs to Plaintiffs' Aut0Il10bi!e in
accordance with the following:
A. Failure to properly complete the repairs to the EGR valve and idle air
control valve;
B. Failure to replace all pieces and gaskets to the idle air control motor;
C. Failure to properly test the Automobile prior to ruIUling the engine; and
D. Failure to take all reasonable steps necessary to ensure that the engine
would not be destroyed when hc completed the test drive.
16. As a result of the negligence of Defendant, Plaintiffs have incurred damages in the
amount 01'$4,776.30.
17. The damages incurred by Plaintiffs were ,he direct and proximate result of the
negligence of Defendant in failing to complete the repairs to Plaintiff~' Automobile properly.
WHEREFORE, Plcintiffs demandjudgroent against Defendant in the amount of
$4,776.30, plus interest, plus costs of suit.
COUNT IT
BAILMENT
18. Paragraphs 1 through 17 are incQrporated herein by reference as ifmore f<.lIly set
forth.
19. Plaintiffs delivered their 1998 Honda Accord to Defendant for purposes of having all
necessary repairs completed to the automobile so that it would pass its annual inspection and
emissions test.
3
NU. jr':'V
11/30/2005 15:45
Fl'iJr~, ',: ~lARSHALL K DRU I SINS Al
FRX ~J. ; 7"7-763-9080
Helv'. 29 2005 11:15~M rs
-, ",.
20, Defendant agreed to perform the work neces"ary on the Auto",,,bile in order lO
ensure thaI it would pass the aruma1 inspection and cmissiol'lS test.
21. '0i1,ile the Automobile was in the custody &ld eare of Defendant, the engine on the
Automobile was destroyed.
22. Defendant rctumed the Automobile to Plaintiffs without the repairs having been
compMed as promised and with the Automobile's engine having been destroyed.
23. Defendant had all obligation to return the Automobile eutrusted to him by Plaintiffs
with the proper repairs made such th.at it would pass the annual inspection and emissions test
24. Defendant caused the destruction to Plaintiffs' Automobile engine by his failure to
r-..._..
complete the repairs properly which resulted in the destruction of the engine.
25. Sillce Defendant returned the Automobile with a destroyed engine to Plaintiffs,
Plaintiffs were required to have the Automobile fixed by another dealership :;0 that it would be in
the same or substalltiall y the same condition that it was at the time that it was entrusted to
Defendant.
26. IT] order to return the Automobile to the same or substantially the sarne condition that
it was at the time the Automobile was eutrusted to Defendant, Plaintiffs incu.-red damages for the
repair of the Automobile in the amount of $4,382.36 which is evidenced by Exbibit B which is
attached bereto and made a pm hereof.
27. Plainti1Is also incurred damages for amounts charged by Defendant which they were
forced to pay in order ,0 remove the Automobile from Defendant's premises in the amoullt of
$393.94 which is evidenced by Exhibit A which is attached hereto and made a part hereof.
4
I'IU. ~"-'-'
11/30/2l:05 15: 46
M"R"H, RLL 1< DAVIS IHS f'"
f"Rm~': r-'t,~
I
FAX NO.
717-763-9080
cbJ. 30 2005 03; 34Pl'1 P2
'. ~-~
28. The repairs made by Defendant were net done with ordinary care and were done in a
negligent manner that caused further damage to Plaintiff!;' Automobile.
29. Defendant is liable to Plaintiffu in the> a.mount of$4,776.30 as a result of his failure to
deliver the Automobile back to Plaintiffs in the same or substantially the same c:ondition as it
was prior to delivery, inclusive of making the repairs necessary for the Automobile to pass the
annual inspection and emissions test.
WHEREFORE, Plaintiffs deroarldjudgrtrent against Defendant in the amount of
$4,776.30, plus interest, plus costs of suit.
Respeclfully submitted,
~L~
IttCHAEL L. BANGS
Attomey for Plaintiffs
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme C01Ll"t ID #41263
5
,m. 320 l,J\J\JtJ
11/~,(J/2005
15:45
'" ,/Rhi\~-'; \'\~RSHRLL K DALJIS 1\'15 R
.. I ~-
FRX NO. ; 717-763-9080
Nov. 29 2005 11:15RM P6
VERIFJCATlON
We hereby verify that the statements made in the f01'egoiug document are true and
correct. We \lm1erstand that false statements herein are made ~u:bjeCl to the penalties of 13 Pa.
c.s. Section 4904, rdating to unsworn tatsification to authorities.
Date IV()./. I b, ZOO!;
/AJ~ {} CLlf
GREG . LT
'"Ai / I1U
11~~
6
~
L.Jbby Rahal Honda
6696 Carlisle Pike
Mechanicsburg, Pa. 17050
Phone (717) 766-4300
www.bobbyrahal.com.
CL!ENJN(\
ADVISOR
Jaso.n .L.eed ,', 'c<'.-<.'
LICENSE NO. MIU'AGE
,.JME98 111,648
:Ef.:R'I''''AK~ fMIJbFI.;~;";",;,>:, :';:' ,:::,,:::-', ',;-.;~::_',: :,_',",
98/Hqi'lPA/AC~QRD'"EX0,i.:6/SDN. AT' 1I6
VEHIClE 1.0. NO.
1 H G C G 1 6 5 x W A 0 0 2 490
25761
JAMIE ALT
858 LEXINGTON PL
lEWISBERRY, PA 17339
R"'I'f~ '9'~ - 2 540
'~"7'.: fi'~~C'5:33iQ;Z92' if'
, . .....",;.'-'.y,.;. ',".:.'.- ",~'.
AN [SERVCE
LABOR & PARTS....... -. -,,'.. -". -. -- - - -. - - - ---- -. - -.. --.. --........ .... ....... .....
.JIi:'1:a4HOz'}", .... ....';ENGINEt~~.\:'~'~m~~~~fk1il\!!i6'j~-
'" -" CUSTOMERSTATES'1iAo 'VEHICLE AT ANOTHER GARAGE. REPLACEO lAC ' .
ANO EGR VALVES AND NOW GETTING CHECK ENGINE LIGHT ON. WAS
TOLD HEAD GASKET BLOWN. CHECK AND ADVISE.
TECHNICIAN INSPECTED VEHICLE AND FOUNO COOLANT LEVEL LOW.
WHITE SMOKE EXITING EXHAUST. NOISE FROM BOTTOM END OF MOTOR.
POSSIBLY BENT CONNECTING ROD DUE TO VEHICLE OVERHEATING.
RECOMMEND REPLACING ENGINE ASSEMBLY.
TECHNICIAN INSTALLED USED ENGINE ASSEMBLY. RECHECKED
AND FOUND ALL OPERATIONS NORMAL AT THIS TIME.
IIINOTED GASKET MISSING FROM 10LE AIR CONTROL MOTOR
BETWEEN MOTOR AND INTAKE MANIFOLD. ALLOWING COOLAlfi' TO
ENTER INTAKE MANIFOLD. CAUSING DVERHEATINGIII
PARTS-...--QTY-..FP.NUMBER.--..-....-....DESCRIPTION....................UNIT PRICE.
JOB II I I PREOWNED.ENGINE ENGINE 2500.00
JOB II 1 1 19411.P8A.A02 GASKET. FR. 3.38
JOB II 1 1 19412-PBA.AOl GASKET. RR. 2.32
JOB II I I 4401B-SB4-COl BOOT SET OUTBOA 26.44
JOB II 1 1 50B06.SB7.ABO RUBBER. RR. 16.00
JOB II 1 I 06175'P8C.AOl KIT. EGR PIPE 91.67
JOB II I 1 17220. P8C. AOO ELEMENT. AIR CL 23.68
JOB II 1 1 90240 CLAMPS 2.50
JOB II 1 2 OL999.9011 COOLANT TYPE.2 10.68
JOB II 1 2 OB200.9001 FLUID ATF.Zl 4.50
JOB II 1 TOTAL PARTS
JOB II 1 TOTAL LABOR & PARTS
2500.00
3.3B
2.32
26.44
16.00
91.67
23.68
2.50
21. 36
9.00
2696.35
4076.35
- -~.. -~~ -. - ~ -." ~. --- - - -." --" - - - - -. -, --... - -~. '._P-..~.. _.. ._. .__.. ___ - ___._. - - _._ - __" - - -. --" - --.
JII."2f06HO~ll.." ...:.'..e..j$TAj:8,:;!~$!l,~'\%I~il([i~;j~~itil!1:.~..~\!ll~1Li1l~~"1\11!!\:P,Q
STATE INSP.
PA STATE INSPECTION STICKER II: 0027692
COMPLETE STATE INSP. PASSED
PARTS....--QTY-..FP-NUMBER..-............DESCRIPTION,...................UNIT PRICE.
JOB II 2 TOTAL PARTS 0.00
JOB II 2 TOTAL LABOR & PARTS 16.00
- - " " . - " " .. " - " ". . " "_. " " " - . - " ". . . " . . - - " - - - - . - - - " . . - - -... - - - - -. - - - -. - - - - - - . - - ~ - - - . - - - - -" - - - " - . " . - " .
J# ..;j+Q6HOzz:EMISSTEST.jEMI:S!l;IO~1!\illSffilJ;1i!iI$!lj!!i!itll!il'I!~~~M(~'II~g~~1i~1\l:-11a:7ti'.a6
CUSTOMER REQUESTS STATE EMISSION TEST BE PERFORMED
- PERFORM EMISSION TEST PER STATE REGUALTIONS
i TECHNICIAN PERFROMED EMISSION TEST. VEHICLE PASSED EMISSION
, REGULATIONS.
~ PARTS... - - .QTY -. . FP-NUMBER. ... -......... .DESCRIPTlON... --- --........... .UNIT PRICE.
~ JOB # 3 TOTAL PARTS 0.00
"
" JOB II 3 TOTAl LABOR & PARTS 37.55
il . _ _.... _ _... _ _ _'.. _ _ _... _.... _'... _.... _,.. __.... _.... __... __..........__ .....__ ___ ____..__.. -..
. G.O.G. & SUPPLIES.-- --.. --.... --... --.. ----....... --'''--'' .....--...,..' -- --......
1 JOB II 2 1.0 STATE INSP STICKER @ 2.000 IUNIT
~ JOB II 3 1.0 MCI TRANSACTION FEE @ 2.400 IUNIT F N S
, DE E ~
'i. ~ EXHIBIT
~ PAGE 1 OF 2 CUSTOMER COPY [C I--l-
2.00
.40
INVOICE DATE
10/14/05
COlOR
EMERALD GRE
INVO\CE NO
Hocs662974
STOCK NO.
DEUVERY DATE
DElIVERY MILES
SElLING D&.LER NO.
PRODUCTJON DATE
R.O.OATE
10/07/05
REPRINT# 3
MO: 111695
Thank You
for choosing
Bobby Rahal
for servicing your
vehicle. Our entire
staff works hard
to make sure you
are 100% satisfied. .
Thank Yon Again!
Bill Bain
(717) 766-4300
Visit
www.bobbyrahal.com
for your next
service
Appointment!
CAR WASH HOURS'
Monday. Friday
7:00am - 7:00pm
Saturday
9:00am - 4:00pm
Sunday: CLOSED
SFeOl230(04J(ll)
B~Jby Rahal Honda
6696 Carlisle Pike
Mechanicsburg, Pa. 17050
Phone (717) 766.4300
www.bobbyrahal.com
CLIENT NO.
JAMIE ALT
858 LEXINGTON PL
LEWISBERRY, PA 17339
ADVISOf:!:
lason .Le~d;,. :,'J" . " ,
UCENSE NO.
JME98
YEAR J,MAKE/MCiD_El.;.':-,::: -' "".''-:':_::>_'-;:;,:''-'>:::'-'.''~:;-:,':'~.. . ___.."
,98/HONPAIAC;C!lRQ'Ex.\(6/s[)N;, AT v6
VEHICle 1.0. NO.
1 H G C G 1 6 5 x W A 0 0 2 4 9 0
25761
""rrom-2540
ESTIMATE. -. - - -..--... -... - - -. - - -.......... ....... ...... .........--...... .... .......
CUSTOMER HEREBY ACKNOWLEDGES RECEIVING
ORIGINAL ESTIMATE OF $69.00 (+TAX)
APPROVED REVISED ESTIMATE C# 1) OF $4500.00 (+TAX) ON 10/10/05 AT 11:32am
BY GREGORY ALT COMMENTS CUSTOMER AUTHORIZED NEW LONG BLOCK.
COMMENTS.-- -.- - -.- -- -. - -. -....... --... -' ...... -'. ....... ....--.. ........ ....... .....
TOW IN.69/HR-JL
PA STATE INSPECTION DUE: 10/06
COOLANT GOOD TO -34 DEGREES.
FRONT TIRE TREAD DEPTHS: 10/32
II~~ ~~~~s~~~s~fP+~S~A~~~~~V~~~C~~)
FRONT BRAKE PAD DEPTHS: 11/32
REAR BRAKE PAD DEPTHS: B/32
:PA STATE INSPECTION STICKER #: 0027692
THANK YOU FOR CHOOSING BOBBY RAflAL SERVICE I
RECOMMENDATIONS... --... - -. -...... - -... -... ............. ........-....................
TECH IB5 RECOMMENDS:
REPLACING REAR TIRES VERY SOON DUE TO LOW DEPTHS.
4 I-MEEL ALIGNMENT WITH TIRE REPLACEMENT.
NOTED COOLING FAN MOTOR NOT OPERATING. NOT DUE TO ENGINE
OVERHEATING OR REPLACEMENT.
NOTED POSSIBLE DAMAGE TO CATALYTIC CONVERT DUE TO ENGINE MISFIRE.
TOTALS. - . . . - . " - - - " . - - . . . - - .... -.... - . . . .' ..... . . . . . . .... . . ... """'" . ... . . . . . .. . . . "" -.. . . .
TOTAL LABOR.... 1433.55
TOTAL PARTS. .., 2696.35
TOTAL SUBLET... 0.00
TOTAL G.O.G.... 4.40
TOTAL MISC CHG. 0.00
TOTAL MISC DISC 0.00
TOTAL TAX...... 24B.06
.---_...
TOTAL INVOICE $ 4382.36
CUSTOMER SIGNATURE
**************************
o U P L I CAT E I N V 0 ICE
***************************
PAGE 2 OF 2
CUSTOMER COpy
[ END OF INVOICE} 02:11pm
INVOICE OATE INVOICE NO.
10/14/05 HocS662974
COLOA STOCK NO.
EMERALD GRE
DELlVE:RV DA TEO. DELIVERY MILES
SELLING DEALER NO. PRODUCTION DATE
R. o. DATE
10/07/05
REPRINT# 3
MO: 111695
Thank Yon
for choosing
Bobby Rahal
for servicing your
vehicle. Our entire
staff works hard
to make sure you
are 100% satisfied.
Thank You Again!
Bill Bain
(717) 766-4300
Visit
www.bobbyrahal.com
for your next
service
Appointment!
CAR WASH HOURS
Monday - Friday
7:00am - 7:00pm
Saturday
9:00am - 4:00pm
Sunday: GLOSED
SF60123{)(~101)
.:;"
r._)
C)
'-n
.---'
'.".1
(-",
."n
~
.;
;C,5
:<
.r:-
BILLET & CONNOR
By: David K. Brennan, Esquire
Atty. Identification No. 69851
The Madison Building
400 Washington Street, Suite 802
Reading, P A 19601
(610) 736-3400/ fax (610) 736-0100
Attorneys for Additional Defendant
Team Rahal, Inc. tld/b/a Bobby Rahal Honda
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
GREG A. ALT and JAIME L. ALT,
his wife,
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
STANLEY DEIMLER tld/b/a
LEMOYNE AUTO SERVICE
No. 2005-5974 CIVIL
Defendant
v.
TEAM RAHAL, INC. tld!b/a
BOBBY RAHAL HONDA,
Additional Defendant
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of additional defendant, Team Rahal, Inc. tld/b/a
Bobby Rahal Honda in this matter.
BILLET & CONNOR
By: ~{. 6~
DAVID K. BRENNAN, ESQUIRE
Attorney for Additional Defendant
Team Rahal, Inc. tld!b/a Bobby Rahal Honda
.
.
BILLET & CONNOR
By: David K. Brennan, Esquire
Atty. Identification No. 69851
The Madison Building
400 Washington Street, Suite 802
Reading, PA 19601
(610) 736-3400/ fax (610) 736-0100
Attorneys for Additional Defendant
Team Rahal, Inc. t/d/b/a Bobby Rahal Honda
GREG A. AL T and JAIME L. AL T,
his wife,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
STANLEY DEIMLER t/d/b/a
LEMOYNE AUTO SERVICE
No. 2005-5974 CIVIL
Defendant
v.
TEAM RAHAL, INC. t/d/b/a
BOBBY RAHAL HONDA,
Additional Defendant
CERTIFICATION OF SERVICE
I, David K. Brennan, hereby certifY that a true and correct copy of the Entry of
Appearance, was served upon all counsel and/or unrepresented party by regular, first class mail,
postage pre-paid on April 18, 2006.
BILLET & CONNOR
BY:~~!{( 6~
DAVID K. BRENNAN, ESQUIRE
Attorney for Additional Defendant
Team Rahal, Inc. t/d/b/a Bobby Rahal Honda
-
BILLET & CONNOR
By: David K. Brennan, Esquire
Atty. Identification No. 69851
The Madison Building
400 Washington Street, Suite 802
Reading, P A 19601
(610) 736-3400/ fax (610) 736-0100
Attorneys for Additional Defendant
Team Rahal, Inc. t/d/b/a Bobby Rahal Honda
GREG A. AL T and JAIME L. AL T,
his wife,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
STANLEY DEIMLER t/d/b/a
LEMOYNE AUTO SERVICE
No. 2005-5974 CIVIL
Defendant
v.
TEAM RAHAL, INC. t/d/b/a
BOBBY RAHAL HONDA,
Additional Defendant
ANSWER WITH NEW MATTER AND NEW MATTER
CROSS CLAIM PURSUANT TO Pa.R.C.P. 22S2(d) OF
ADDITIONAL DEFENDANT TEAM RAHAL, INC. tJd/b/a
BOBBY RAHAL HONDA TO THE JOINDER COMPLAINT OF
ORIGINAL DEFENDANT, STANLEY DEIMLER tJd/b/a
LEMOYNE AUTO SERVICE
1. It is admitted that this lawsuit was initiated by the filing of a complaint on or
about November 17,2005 and that a true and correct copy of plaintiffs complaint is attached to
the joinder complaint. Answering defendant specifically denies the allegations of plaintiff s
complaint as after reasonable investigation answering defendant is without knowledge or
information sufficient to form a belief as to the truth of said averments, which are therefore
denied as a matter oflaw. To the extent that these averments contain conclusions oflaw, no
response is required, and said averments are therefore denied as a matter oflaw.
2. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw.
3. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw.
4. Admitted with qualification. The zip code for the additional defendant is now
17050.
5. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw. To the extent that said averments contain conclusions of
law, no response is required, and said averments are therefore denied as a matter oflaw. By way
of further denial, insofar as the original defendant has failed to set forth with particularity the
"agents, servant, workmen and/or employees" of answering defendant, said allegation is
specifically denied. All allegations regarding agency are separately and specifically denied.
6. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter of law.
7. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw.
8. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter of law.
9. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw.
10. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw.
11. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw.
12. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw.
13. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter of law.
14. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter of law.
15. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter of law.
16a-d. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw. To the extent that said averments contain conclusions of
law, no response is required, and said averments are therefore denied as a matter oflaw.
17. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw. To the extent that said averments contain conclusions of
law, no response is required, and said averments are therefore denied as a matter of law.
18. Denied. After reasonable investigation answering defendant is without
knowledge or information sufficient to form a belief as to the truth of said averments, which are
therefore denied as a matter oflaw. To the extent that said averments contain conclusions of
law, no response is required, and said averments are therefore denied as a matter oflaw.
WHEREFORE, answering defendant demands judgment in its favor.
NEW MATTER
1. The plaintiffs have failed to state a cause of action upon which relief can be
granted.
2. The damages averred by the plaintiffs were caused by superseding and/or
intervening causes that were not within the control of the additional defendant.
3. The plaintiffs have failed to mitigate their damages.
4. The damages averred by the plaintiffs were caused by hidden and latent defects in
their vehicle.
5. The plaintiffs were contributorily negligent in causing the averred damages to
their vehicle.
6. Plaintiffs have failed to join indispensable, necessary, and proper parties.
7. All allegations pertaining to agency, supervision, or control are specifically
denied, and strict proof, if deemed relevant, will be demanded at the time of trial.
8. Ifplaintiffs sustained damages as alleged in their Complaint, and said damages
were the direct and proximate result of the negligence, carelessness, recklessness, lack of due
care, willful and wanton misconduct, or other acts or omissions to act of individuals, parties, or
entities other than the plaintiff or defendants other than answering defendant, then the damages
of plaintiffs were the direct and proximate result of the negligence, carelessness, recklessness,
lack of due care, willful and wanton misconduct, or other acts or omissions to act of other
individuals, parties, or entities other than the answering defendant, over whom the answering
defendant had no control or right of control.
9. Plaintiffs have failed to mitigate their damages.
10. Plaintiffs' claim against answering defendant is barred by the doctrine of accord and
satisfaction.
11. Answering defendant raises, avers, and preserves all defenses constituting
affirmative defenses pursuant to Pa. R. Civ. P. 1030.
NEW MATTER PURSUANT TO Pa. R.C.P. 22S2(d) IN THE NATURE
OF A CROSSCLAIM OF ADDITIONAL DEFENDANT TEAM
RAHAL, INC. tJd/b/a BOBBY RAHAL HONDA AGAINST ORIGINAL
DEFENDANT STANLEY DEIMLER tJd/b/a
LEMOYNE AUTO SERVICE
1. If the plaintiffs, Greg A. Alt and Jaime L. Alt sustained damages as alleged in
plaintiffs' complaint and said damages are the direct and proximate result of the negligence,
carelessness, recklessness, lack of due care, willful and wanton misconduct or other acts or
omissions to act of another party other than the plaintiffs, said allegation being specifically
denied, and any damages alleged by plaintiffs, Greg A. Alt and Jaime L. Alt, were a direct result
of the negligence, carelessness, recklessness, lack of due care, willful, wanton, and fraudulent
misconduct, or other acts or omissions to act of original defendant, Stanley Deimler tJd/b/a
Lemoyne Auto Service, acting individually and/or by and through its agents, servants,
employees, workmen, and/or representatives and which is hereby joined as an additional
defendant and is alone liable jointly and severally liable for, or liable over to answering
defendant Team Rahal, Inc., tJd/b/a Bobby Rahal Honda by way of contribution and/or
indemnification.
2. Stanley Deimler tJd/b/a Lemoyne Auto Service is liable over to Team Rahal, Inc.
tJd/b/a Bobby Rahal Honda by way of indemnification pursuant to any and all invoices,
contracts, subcontracts, purchase orders, agency agreements, franchise agreements or other
documents that define the relationship between the entities at the time of the alleged incident
which allegedly caused the plaintiffs' damages.
WHEREFORE, Stanley Deimler tJd/b/a Lemoyne Auto Service is hereby alone liable,
jointly and severally liable for, or liable over to the answering defendant, Team Rahal, Inc.
tld/b/a Bobby Rahal Honda by way of contribution and/or indemnification including counsel fees
and costs of litigation.
BILLET & CONNOR
By: fN C( i5~
DAVID K. BRENNAN, ESQUIRE
Attorney for Additional Defendant
Team Rahal, Inc. tld/b/a Bobby Rahal Honda
. '
(File No.: 9770-54)
VERIFICATION
The averments or denials of facts contained in the foregoing are true and correct to the best
of my knowledge, information, and belief.
I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.
~4904, relating to unsworn falsification to authorities.
~/( 6~
. '
BILLET & CONNOR
By: David K. Brennan, Esquire
Atty. Identification No. 69851
The Madison Building
400 Washington Street, Suite 802
Reading, P A 19601
(610) 736-3400/ fax (610) 736-0100
Attorneys for Additional Defendant
Team Rahal, Inc. t/d/b/a Bobby Rahal Honda
GREG A. AL T and JAIME L. AL T,
his wife,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
STANLEY DEIMLER t/d/b/a
LEMOYNE AUTO SERVICE
No. 2005-5974 CIVIL
Defendant
v.
TEAM RAHAL, INC. t/d/b/a
BOBBY RAHAL HONDA,
Additional Defendant
CERTIFICATION OF SERVICE
I, David K. Brennan, hereby certify that a true and correct copy of the Answer with New
Matter and New Matter Crossclaim Pursuant to Pa.R.C.P. 2252(d) of Additional Defendant
Team Rahal, Inc. t/d/b/a Bobby Rahal Honda to the Joinder Complaint of Original Defendant,
Stanley Deimler t/d/b/a Lemoyne Auto Service, was served upon all counsel and/or
unrepresented party by regular, first class mail, postage pre-paid on May 9, 2006.
BILLET & CONNOR
By: ~ /( tJ~
DAVID K. BRENNAN, ESQUIRE
Attorney for Additional Defendant
Team Rahal, Inc. t/d/b/a Bobby Rahal Honda
~
=
=
\::J''''
~
~..,.,
rn ...u
,-
'"L,rn
;t1y
~:::::;(~
-r:: .....
(5::1':
Z (-:,
om
~
=-<
::II'.:
:>-
-<
o
-0
:Jt.
W
..
N
.r;,"
. ..
"..,4. .
RECEIvr'~D 1
MAY 0 FI 2006
BY:.. ,'___.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T,
CIVIL DIVISION
Plaintiffs,
NO. ORDER OS - ~ q '7i
v.
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
(Jury Trial Demanded)
AND NOW, to wit this
ORDER
1- , day of
/n~
, 2006, after
reasonable notice and an opportunity for Hearing having been provided to all interested
parties and the same being waived, it is hereby
ORDERED, adjudged and decreed that this Honorable Court hereby grants the
Defendant Stanley Demiler, tld/b/a Lemoyne Auto Service's Petition for Leave to Join
Additional Defendant, Team Rahal, Inc. t1d/b/a Bobby Rahal Honda.
THEREFORE, Defendant Stanley Deimler, tld/b/a Lemoyne Auto Service is
authorized to file a Complaint against Additional Defendant Team Rahal, Inc., t1d/b/a
Bobby Rahal Honda.
~
~G
c9\:)
By the Court
I/d
J.
y .
, .
VINV^-IASNN3d
I 'NnC>'''; (1'.r;1'1 '~q"'n'"
I\J. , ___ ,- "'.L,.3~ V
90 :IIWV 6- AVW900Z
Ab'Ii.l.ONOHlOCid 3Hl :10
:Kll:l.-\O-CE1l:l
MICHAEL L. BANGS, ESQUIRE
I.D. No. 41263
429 South 18th Street, Camp Hill, P A 17011
(717) 730-7310
GREG A. AL T and
JAMIE L. ALT, his wife,
Plaintiffs
)
)
)
)
)
)
)
)
)
)
)
)
)
BOBBY RAHAL HONDA, )
Additional Defendant )
vs.
STANLEY DEIMLER, t/d/b/a
LEMOYNE AUTO SERVICE,
Defendant
vs.
TEAM RAHAL, INC., t/d/b/a
ATTORNEY FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-5974
CIVIL ACTION
JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
MICHAEL L. BANGS, counsel for the Plaintiffs in the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiffs in the action is $4,776.30, plus interest plus costs of suit.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
Michael L. Bangs, Esquire; Jason P. Wrona, Esquire (Summers, McDonnell, Hudock, Guthrie & Skeel, 1017
Mumma Road, Lemoyne, PA 17043); and David K. Brennan, Esquire (Billet & Connor, 400 Washington
Street, Suite 802, Reading, PA 19601-3966).
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
~~~tp
MICHAEL L. BANGS
ORDER OF COURT
AND NOW, ,2006, in consideration ofthe foregoing petition,
, Esquire, , Esquire, and
Esquire, are appointed arbitrators in the above-captioned action (or actions) as prayed for.
BY THE COURT,
P.J.
r:J '6q,
......
1f 1 .V) ....., 0
(") =
c = -n
c:r>
() -7"" ~
-":';,a.
~~ n. :!I
C> -< -oFT;
........ 6"- ~ r-,> :PC(
~ ~ N q,-.
":,~j .;;y't
j.....r.j
~ ~ r- -rt :;,~ (")
""4.....
:e -- 8m
~ w -I
~ 1',,) :55
--..c: ----'.., 1',,) -<
~
MICHAEL L. BANGS, ESQUIRE
I.D. NO. 41263
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
GREG A. AL T and
JAMIE L. AL T, his wife,
Plaintiffs
)
)
)
)
)
)
)
)
)
)
)
)
)
BOBBY RAHAL HONDA, )
Additional Defendant )
vs.
STANLEY DEIMLER, t/d/b/a
LEMOYNE AUTO SERVICE,
Defendant
vs.
TEAM RAHAL, INC., t/d/b/a
ATTORNEY FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-5974
CIVIL ACTION
JURY TRIAL DEMANDED
PLAINTIFFS' ANSWER TO ADDITIONAL DEFENDANT TEAM RAHAL, INC.,
t/dfb/a BOBBY RAHAL HONDA NEW MATTER
1. Denied. Paragraph 1 of this New Matter is a legal conclusion to which no answer is
required. To the extent an answer is required it is denied.
2. Denied. Paragraph 2 of this New Matter is a legal conclusion to which no answer is
required. To the extent an answer is required it is denied.
3. Denied. Paragraph 3 ofthis New Matter is a legal conclusion to which no answer is
required. To the extent an answer is required it is denied.
4. Denied. It is specifically denied that the damages averred by Plaintiffs were caused by
hidden and latent defects in the vehicle. It is specifically averred that the damages in the vehicle
were caused by the Defendant, Stanley Deimler, d/b/a Lemoyne Auto Service, as confirmed by
1
the agents or representatives of the Additional Defendant, Team Rahal, Inc., tJd/b/a Bobby Rahal
Honda.
5. Denied. It is specifically denied that Plaintiffs were contributorily negligent in
causing the damages to their vehicle.
6. Denied. It is specifically denied that Plaintiffs have failed to join indispensable,
necessary and proper parties.
7. Denied. This paragraph is a legal conclusion to which no answer is required and
therefore it is denied and strict proof thereof is demanded at the trial of this case.
8. Denied. This paragraph is a legal conclusion to which no answer is required and
therefore it is denied and strict proof thereof is demanded at the trial of this case.
9. Denied. This paragraph is a legal conclusion to which no answer is required and
therefore it is denied and strict proof thereof is demanded at the trial of this case.
10. Denied. This paragraph is a legal conclusion to which no answer is required and
therefore it is denied and strict proof thereof is demanded at the trial of this case.
11. Denied. This paragraph is a legal conclusion to which no answer is required and
therefore it is denied and strict proof thereof is demanded at the trial of this case.
Respectfully submitted,
/'1
/} 7/, ~/
MIC . EL L. BANGS
Attorney for Plaintiffs
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
2
..
VERIFICATION PURSUANT TO Pa. R.C.P. l024(c)
I, MICHAEL L. BANGS, Esquire, counsel for Plaintiffs herein, verify that the statements
made in the foregoing document are true and correct to the best of my knowledge, information,
and belief based upon information and documents provided to me by the Plaintiffs. I understand
that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
DATE: 5 \i tfo
3
~
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing document by depositing a
copy of the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania,
addressed to the following:
Jason P. Wrona, Esquire
Summers, McDonnell, Hudock, Guthrie and Skeel
1017 Mumma Road, Suite 300
Lemoyne, P A 17043
David K. Brennan, Esquire
Billet & Connor
The Madison Building
400 Washington Street, Suite 802
Reading, P A 19601
DATE:
~11~/oh
4
o
s;
""~~
r
,....,
=
c..,:)
.c;.;--'\
o
.,
......
:C.."
rn~
-0 rr.
:GY
Clu
~;~~
;;)rn
'::::,
J:=:
~
:it
j;...
-<
N
N
-0
~'"'~
--0:-
'!1
1')
f',,)
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
v.
NO. 2005 - 5974
REPLY TO NEW MATTER AND NEW
MATTER 2252(d) OF ADDITIONAL
DEFENDANT, TEAM RAHAL, INC.,
tld/b/a BOBBY RAHAL HONDA
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
(Jury Trial Demanded)
v.
TEAM RAHAL, INC., t1d/b/a
BOBBY RAHAL HONDA,
Additional Defendant.
Filed on Behalf of the Defendant
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa.I.D.#83058
Jason P. Wrona, Esquire
Pa.I.D.#201538
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14225
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
GREG A. AL T and
JAIME L. AL T, his wife,
Plaintiffs,
CIVIL DIVISION
NO. 2005 - 5974
v.
(Jury Trial Demanded)
STANLEY DEIMLER, t1d/b/a
LEMOYNE AUTO SERVICE,
Defendant.
v.
TEAM RAHAL, INC. t1d/b/a
BOBBY RAHAL HONDA
Additional Defendant.
REPLY TO NEW MAnER OF ADDITIONAL
DEFENDANT. TEAM RAHAL. INC.. t1d/b/a BOBBY RAHAL HONDA
AND NOW, comes the Defendant, Stanley Deimler, tld/b/a Lemoyne Auto
Service, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel,
L.L.P., and Kevin D. Rauch, Esquire, and files the following Reply to New Matter of
Additional Defendant, Team Rahal, Inc., t1d/b/a Bobby Rahal Honda, and in support
thereof avers as follows:
1. Paragraph 1 is directed to a party other than this Defendant.
2. Paragraph 2 is directed to a party other than this Defendant.
3. Paragraph 3 is directed to a party other than this Defendant.
4. Paragraph 4 is directed to a party other than this Defendant.
5. Paragraph 5 is directed to a party other than this Defendant.
6. Paragraph 6 is directed to a party other than this Defendant.
7. Paragraph 7 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof there of is
demanded at the time of trial.
8. Paragraph 8 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof there of is
demanded at the time of trial.
9. Paragraph 9 is directed to a party other than this Defendant.
10. Paragraph 10 is directed to a party other than this Defendant.
11. Paragraph 11 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof there of is
demanded at the time of trial.
WHEREFORE, Defendant, Stanley Deimler, tld/b/a Lemoyne Auto Service,
respectfully requests this Honorable Court enter judgment in his favor and against the
Plaintiff with costs and prejudice imposed.
REPLY TO RULE 2252(d) NEW MATTER OF ADDITIONAL
DEFENDANT, TEAM RAHAL. INC.. t/d/b/a BOBBY RAHAL HONDA
1. Paragraph 1 states a legal conclusion to which no response is required. To
the extent, however, that a response is deemed necessary, said averments are denied
generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the
time of trial.
2. Paragraph 2 states a legal conclusion to which no response is required. To
the extent, however, that a response is deemed necessary, said averments are denied
generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the
time of trial.
WHEREFORE, Stanley Deimler, t1dlb/a Lemoyne Auto Service, respectfully
requests this Honorable Court enter judgment in his favor and against Additional
Defendant, Team Rahal, Inc., t1d/b/a Bobby Rahal Honda.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
evin D. Rauch, Esquire
ason P. Wrona, Esquire
Counsel for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing REPLY TO
NEW MATTER AND NEW MATTER 2252(d) OF ADDITIONAL DEFENDANT, TEAM
RAHAL, INC., tJd/b/a BOBBY RAHAL HONDA has been mailed by U.S. Mail to
counsel of record via first class mail, postage pre-paid, this ).. "1 day of
~ ,2006.
r
Michael L. Bangs, Esquire
429 South 18th Street
Camp Hill, PA 17011
David K. Brennan, Esquire
Billet & Connor
2000 Market Street, Suite 2803
Philadelphia, PA 19103-3201
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
K n . Rauch, Esquire
Jason P. Wrona, Esquire
Counsel for Defendant
(}
c:
::;"'-
;"i.S;>
~~,.
(),
r->
~
~
..-:
~;
;..<.
l'~
,,r.
-co
~
,..:>
.'
~
..p
s--';;
~~
~'-
q,
-'
-;;'4"\
(\~ c-:
-c\:f\
.".'-0--'
.,'j(:"')
c:~);;;~
':;::-\
,:-
::1
~ . ....
BILLET & CONNOR
By: David K. Brennan, Esquire
Atty. Identification No. 69851
The Madison Building
400 Washington Street, Suite 802
Reading, P A 19601
(610) 736-3400/ fax (610) 736-0100
Attorneys for Additional Defendant
Team Rahal, Inc. t/d/b/a Bobby Rahal Honda
GREG A. ALT and JAIME L. ALT,
his wife,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
STANLEY DEIMLER t/d/b/a
LEMOYNE AUTO SERVICE
No. 2005-5974 CIVIL
Defendant
v.
TEAM RAHAL, INC. t/d/b/a
BOBBY RAHAL HONDA,
Additional Defendant
PRAECIPE FOR SUBSTITUTION OF VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached verification of John Richards for the attorney verification
of David K. Brennan attached to the defendant's Answer to the Original Defendant's Joinder
Complaint which was filed with the court on May 10, 2006.
BILLET & CONNOR
By: ~f(,J~
DAVID K. BRENNAN, ESQUIRE
Attorney for Additional Defendant
Team Rahal, Inc. t/d/b/a Bobby Rahal Honda
....
(File No.: 9770-54)
VERIFICATION
The averments or denials of facts contained in the foregoing are true and correct to the best
of my knowledge, information, and belief.
I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.
~4904, relating to unsworn falsification to authorities.
- ..
BILLET & CONNOR
By: David K. Brennan, Esquire
Atty. Identification No. 69851
The Madison Building
400 Washington Street, Suite 802
Reading, P A 19601
(610) 736-3400/ fax (610) 736-0100
Attorneys for Additional Defendant
Team Rahal, Inc. t/d/b/a Bobby Rahal Honda
GREG A. ALT and JAIME L. ALT,
his wife,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
STANLEY DEIMLER t/d/b/a
LEMOYNE AUTO SERVICE
No. 2005-5974 CIVIL
Defendant
v.
TEAM RAHAL, INC. t/d/b/a
BOBBY RAHAL HONDA,
Additional Defendant
CERTIFICATION OF SERVICE
I, David K. Brennan, hereby certify that a true and correct copy of the Praecipe for
Substitution of Verification, was served upon all counsel and/or unrepresented party by regular,
first class mail, postage pre-paid on June 6, 2006.
BILLET & CONNOR
By: ~ 1(. j~
DAVID K. BRENNAN, ESQUIRE
Attorney for Additional Defendant
Team Rahal, Inc. t/d/b/a Bobby Rahal Honda
C) '" 0
=
c = 1"'
:;:~~ c:;n
U' <- :r
c::: ..,.,
m F
I =-~;{ l:J
-..J '.) ,
.... r;:
......J .-..-.... =b
::r:: . , C)
';";"
',:) rn
N :-I
,,) 5;
W -<
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05974 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALT GREG A ET AL
VS
DE IMLER STANLEY T/D/B/A LEMOYN
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT JOINING ADDL
TEAM RAHAL INC T/D/B/A BOBBY RAHAL HONDA
was served upon
the
DEFENDANT
, at 1651:00 HOURS, on the 7th day of April
2006
at 6696 CARLISLE PIKE
MECHANICSBURG, PA 17055
by handing to
ANDY GUELCHER, MANAGER ON DUTY ADULT IN CHARGE
a true and attested copy of COMPLAINT JOINING ADDL
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
So Answers:
18.00
7.92
.39
10.00
.00
36.31
r~~~~~l'
R. Thomas Kline
04/10/2006
SUMMERS MCDONN HUDOCK GUTHRIE
me this
day of
By: ~V~
- Deputy Sheriff
Sworn and Subscribed to before
l4a
A.D.
y
MICHAEL L. BANGS, ESQUIRE
LD. No. 41263
429 South 1Sth Street, Camp Hill, P A 17011
(717)730-7310
GREG A. AL T and
JAMIE 1. AL T, his wife,
Plaintiffs
)
)
)
)
)
)
)
)
)
)
)
)
)
BOBBY RAHAL HONDA, )
Additional Defendant)
vs.
STANLEY DEIMLER, t/d/b/a
LEMOYNE AUTO SERVICE,
Defendant
vs.
TEAM RAHAL, INC., t/d/b/a
ATTORNEY FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-5974
CIVIL ACTION
JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
MICHAEL 1. BANGS, counsel for the Plaintiffs in the above action, respectfully represents that:
I. The above-captioned action is at issue.
2. The claim of the Plaintiffs in the action is $4,776.30, plus interest plus costs of suit.
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
Michael 1. Bangs, Esquire; Jason P. Wrona, Esquire (Summers, McDonnell, Hudock, Guthrie & Skeel, 1017
Mumma Road, Lemoyne, P A 17043); and David K. Brennan, Esquire (Billet & Connor, 400 Washington
Street, Suite 802, Reading, PA 19601-3966).
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
~?'~
MICHAEL 1. BANGS
ORDER OF COURT
::< , 2006, in consideratio of the fo egoi g petition,
, Esquire, Esquire, and
bitrators in the above-captioned action (or actions) as prayed for.
~AN N W,
Esquire, are appointe
P.J.
>.
0:'
~
f.-'
wQ
0;;::
F=~~"
c:'_}c
6n::
::J u_
u::LU
:r:
......
LL
o
8
)'11>
" ,
'"
; t 'R ~ "6<;l.
}'<:. ......
~ .Irt
t'\-. C>
...... 6"- C>
'-0 [ ~ ~ n0
...:r ;>-. ~
co ".- ~
? r-
.":,) ~ g
~LC.. ;
"""
N ~ ---<.
I
~~
::::)
-,
n
~
a3rr
co
=
=
c-.J
>'"
--)
(}
,".
~-~
~
".
~~<
""
=
=
0">
~
:L;::
o
"Tl
~:!1
r-
:om
~oO
(~,)/
~j"";r'
15:0
;,;:"C)
Om
;;;;!
'n
-<
-<
r,)
N
~
oW
..
N
N
GREG A. AL T AND JAIME L. AL T,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STANLEY DEIMLER, tJd/b/a
LEMOYNE AUTO SERVICE,
DEFENDANT
: 05-5974 CIVIL TERM
ORDER OF COURT
AND NOW, this
b
day of July, 2006, the appointment of Karen L.
Koenigsberg, Esquire, to the Board of Arbitrators in the above-captioned case, IS
VACATED. Michael Pykosh, Esquire, is appointed in her place.
:sal
'\
,;6i'ane Radcliff, Esquire
Chairman ~
Court Administrator
co
::',....)
'-.0
G C"'"~ A..fist ~ \ Yl'l~ L. A 1-1- In The Court of Common Pleas of Cumberland
Plaintiff . 2-006" _ ~ Et i er-
e- t_ \) 1'1 L I . Co~ty, Pennsylvama No._-
~()~ Q.. \ ()'"l b +,.... D p.., \.R.~:i4)J....o S-9 7 '-/
., os Defendant ~ ~~fu.ction - Law.
J~~ ~Yu.D,.rY\c. -t-/~ Ib I a-
~b t7-{ '~-~hcJ. ~"cl 0.-- 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.
( ~ZY+Q.
Signature
dcJ\",~. ~b~~ 5' ~)~H~
Name
~ Cu.~),~
City, Zip
=tr 115~(P tJh- '7070
Award
We, the undersigned arbitrators, having been du1y appointed and sworn (or affirmed), make the
~llowing award: (Note: If d. amages for delay~awarded, ~ shall be s~arately stated.)
. ~ .. t-tl \~~ ~
-b
if: 18Qoo
~)II\~ ~~ ()t.~~~
Law Firm
t=b ~ cq ltz.\
AddreS2.
/~ /--
Signature I' -#.
;YJ/{~ItCl-l'(J 1 kof ~ 5g-8~)
Name
f::::./iteri DMZdfr.J:J/J~
:;2/3d- )17a rW s I-
A.ddrc..~
G~ I/l// ~t1-/7v//
City, ZiP
iF tD7'75
Date of Hearing: e/zq J() (.,
C-\1~t".11_ ,
DateofAward:~
Arbitrators' compensation to be paid upon appeal: $ ~qD. 00
~M~mfuonoWy By:
Deputy
--4
lad io .
Copies RIa.. ~ ~ j f&t
.1_' \). ~ch .&t.
reUtr\ I.J.
th31- 0(,
old
, G; VI! 1'\ -to CA
o
~:;
"'.
r-...;)
=
~.----:;.
~::;-..
<::J
"
-I
I"
m,
-n f\,
~.~;C.'
.. '~
(~,
o
-.......
..
. ?x;
N -<
C.)
-...
MICHAEL L. BANGS, ESQUIRE
LD. No. 41263
429 South 18th Street
Camp Hill, P A 17011
(717) 730-7310
GREG A. ALT and JAIME L. ALT,
his wife,
ATTORNEY FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiffs
CIVIL ACTION
vs.
STANLEY DEIMLER, t/d/b/a
LEMOYNE AUTO SERVICE,
Defendant
NO. 2005-5974 CIVIL
vs.
TEAM RAHAL, INC., tJd/b/a
BOBBY RAHAL HONDA,
Additional Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiffs against Defendant Stanley Deimler,
t/d/b/a Lemoyne Auto Service, in accordance with the attached Award of Arbitrators dated
-"
August 30,2006 in the amount of $4,382.36 together with costs in the amount of $123.23 for a
total of $4,505.59.
Respectfully submitted,
~< )4;?
MICHAEL L. BANGi:/'
Attorney for Plaintiffs
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
Date: October 3, 2006
..
G r-e.s A. W ~ \ Yh-l.- L. A l-f
Plaintiff . 2-006' - ~Ef1 Ef
S1e-fl~ V,-, m l.o., +fJ/ ~ b-!.t.~-.. C~lunty, Pennsylvama No._- .
.:) 0 S Defendant Oici\() ~~ction - Law. S-9 7 'f
T~V"v'. \~~I.rY'C. -rId lb fa....
"Oc,O \7-{ ~C\....no.J. -\.k" cl. 0- Oath
We do sol~mnly 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.
In The Court of Common Pleas of Cumberland
( ~'ty~.o.
Signature
dcJ~",~. ~b~1- 5')t)}~
Name
rt> ~ libz.l
Addren,
/~P
Signature I' 7f;.
rYJ,Ch<<I[I} ~ Jal 4 . 5g-g5' 1
Name
f::::.fhet6 j)Mdr. te!h~
:;2./ 3d- )11(// j/ tJ- s I-
Acdrc..:'
~ C1.Wl ),~
City, Zip
&tf 115~w . i~ )7-070
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
~llowing award: (Note: If damages for delay~ awarded, tQ.eY. shall be s~arately stated.)
~ .. tit , ,~~ c....rc:; {\
-b
S-: ~L 2.
Law Firm .........
~ ~\{)~~~ ~
Address \ \ t :7D I(
Zip
~ ) I> k:(. ~CLA4J ~h'e~
Law Firm
18Qoo
Go/ }fJ II rJ1- /7V/1
City, Zip
~ tD115
c\
Date of Hearing: eJ z.q Jo ~
ot..,f"/ l,.",
DateofAward:~
Chairman)
Notice of Entry of Award
Now, the ~ day of A~oot ,20 OlD , at J :~B , J:..M., the above award was
entered upon the docket and notice ther of given by mail to the parties or ~oCOPv FROM RECORC
Arbitrators' compensation to be paid upon appeal: $ ~qD. 00 Iff TesdmORYwhereOf. I here unto set my hanl(
~ and .. .. of said CQtF\ at Carlisle,. Pa.
~ . ~t..oI~' iIco-
!vi. .. By: ~D li\.- k. 141~, =--:
n . rothonotary D,puty -~_I ,
r-' 0
c~
~:::;J -11
cY'
~ ~ t--:J .-1
t ~ :T:
~ (~") en
___4
C> \
t}1
D
r - ~ ~ (j)
~ ~ ~ f'V
(.)I;
tJv 1-
- ~
~ -...
~
~ .
t
~~ ~
~ ..t-c
I
l~
.. . ~
~~ l
1
MICHAEL L. BANGS, ESQUIRE
I.D. No, 41263
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
GREG A. ALT and JAIME L. ALT,
his wife,
)
)
)
)
)
)
STANLEY DEIMLER, t/dlb/a LEMOYNE )
AUTO SERVICE, )
Defendant )
)
)
)
TEAM RAHAL, tld/b/a BOBBY RAHAL )
HONDA, )
)
Plaintiffs
vs.
vs.
Additional Defendant
ATTORNEY FOR PLAINTIFFS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
NO. 2005-5974 CIVIL
PRAECIPE
TO THE PROTHONOTARY:
Please mark the judgment in the above-referenced matter SATISFIED.
~ed'7 /V
MICHAEL L. BANGS ~
Attorney for Plaintiffs
Date: October 19,2006
~
=
=
0'"'
o
11
--I
I-n
n1p
'"'D nO'!
-, 1 .
c~~
;':.:;cn
~
)>
:-.0
-<
o
c-J
-i
N
.c;-
~
VJ
W