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HomeMy WebLinkAbout06-6567 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DAVID R. LENKER, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JEFFREY ALLEN PARKER, individually, and JEFFREY ALLEN PARKER, t/a and d/b/a PARKER AUTO SALES trading and doing business Defendants 06 - "S ~ 7 cJ",d +-e.r~ NOT ICE 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 NOT HAVE A OFFICE SET HELP. TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street CARLISLE, PENNSYLVANIA (717) 249-3166 1-800-990-~ (2 , ~ By: ~ ANDREW C. SHEELY, Esquire P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 (717) 697-7050 Pa. 1.0. No. 62469 Attorney for Plaintiff Andrew C. Sheely, Esquire 127 S. Market Street P.o. Box 95 Mechanicsburg, PA 17055 PA 1D NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DAVID R. LENKER, II, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JEFFREY ALLEN PARKER, individually, and JEFFREY ALLEN PARKER, t/a and d/b/a PARKER AUTO SALES trading and doing business Defendants 06 - ~)~ 7 cJ,)\ ( +lrr\. COMPLAINT Plaintiff, David R. Lenker, II, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully state as follows: 1. plaintiff, David R. Lenker, II, is an adult individual who resides at 424 Hogestown Road, Mechanicsburg, Cumberland County, pennsylvania. 2. Defendant, Jeffrey Allen parker, is an adult individual who resides at 713 Manor Road, Camp Hill, Cumberland County, pennsylvania. 3. Defendant, Jeffrey Allen Parker, is an adult individual who trades under registered fictitious name of Parker's Auto Sales, and operates a business located at 101 North Enola Road, Enola, Cumberland County, pennsylvania, an address also known and reported as 20 Susquehanna Avenue, Enola, Cumberland County, pennsylvania. 4. plaintiff had a business relationship with Defendant, Jeffrey Allen Parker and Defendant Jeffrey Allen parker, trading and doing business as Parker's Auto Sales, for at least nine (9) months in 2005. 5. At all relevant times herein, plaintiff was acting in the course of his business which provides general excavation, demolition, installation of water lines and related services, including providing labor, materials and activities associated therewith. 6. During the aforesaid business relationship Defendant Jeffrey Allen parker, individually, and Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, requested Plaintiff to perform several construction related and grading projects in which plaintiff was requested to demolish a concrete foundation, remove said concrete foundation and appurtenant structures, grade the area in question and install a water line all for the benefit of Defendants property in Enola. 7. Defendant, Jeffrey Allen Parker, Individually, and Jeffrey Allen parker, trading and doing business as Parker's Auto Sales, requested that Plaintiff commence work outlined above in paragraph 6 at Defendant Jeffrey Allen Parker's property located at 101 N. Enola Road, Enola, Cumberland County, Pennsylvania. 8. On or about September 1, 2005, plaintiff completed the 2 work requested by Defendant Jeffrey Allen Parker, Individually, and Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, in a quality and workmanlike manner. 9. Defendant Jeffrey Allen parker, Individually, and Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, and plaintiff agreed that Plaintiff would be paid an amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00) for the work completed for the benefit of Defendants. 10. plaintiff substantially completed both construction agreements and Defendants have refused to pay plaintiff, notwithstanding regular and repeated demands for payment. COUNT NO. 1 - BREACH OF AGREEMENT David R. Lenker. II. v. Jeffrey Allen Parker 11. paragraphs 1 - 12 are incorporated herein by reference as if set forth at length. 12. At all relevant times hereto, Plaintiff substantially completed all terms and conditions of the agreement between Plaintiff and Defendant Jeffrey Allen Parker. 13. Plaintiff substantially completed all work in a quality and workmanlike manner as requested by Defendant Jeffrey Allen Parker. 14. Defendant Jeffrey Allen Parker was properly notified of all invoices for the work completed has refused to pay plaintiff for such reasonable and fair services, notwithstanding the receipt 3 of an invoice in similar form attached hereto as Exhibit "A". 15. presently an amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00) is due plaintiff in accordance with Exhibit "A". 16. Over ninety (90) days have elapsed since the last billing. WHEREFORE, plaintiff demand judgment against Defendant, Jeffrey Allen Parker, in the amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00), together with the costs of this action, and interest, in an amount which requires compulsory arbitration, and any other relief deemed just and appropriate. COUNT NO. 2 - QUANTUM MERIT/IMPLIED CONTRACT David R. Lenker, II, v. Jeffrey Allen Parker 17. The averments of paragraphs 1 through and including 16 hereinabove are incorporated hereby by reference thereto. 18. Pursuant to the request made by Defendant Jeffrey Allen Parker as set forth in Exhibit "A", plaintiff provided services and goods to Defendant, Jeffrey Allen Parker. 19. The reasonable and necessary charges for said services and goods provided as requested by Defendant are in the total amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00). 20. To date, Defendant, Jeffrey Allen Parker, despite proper request and demand by Plaintiff, has not paid any amount to 4 Plaintiff. 21. By reason of Defendant Jeffrey Allen Parker's request for performance of services and providing of goods, Defendant Jeffrey Allen Parker impliedly promised to pay the reasonable and necessary charges for same. WHEREFORE, plaintiff demands judgment against Defendant, Jeffrey Allen Parker, in the amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00),together with the costs of this action, and interest, in an amount which requires compulsory arbitration, and any other relief deemed just and appropriate, together with the costs of this action, and interest, in an amount which requires compulsory arbitration, and any other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHMENT David R. Lenker. II. v. Jeffrey Allen parker 22. The averments of paragraphs 1 through and including 21 hereinabove are incorporated herein by reference thereto. 23. Defendant Jeffrey Allen Parker obtained the services, material, labor and equipment during Plaintiff's completion of the construction project more particularly described in Exhibit "A". 24. Plaintiff fully and adequately performed services and provided supplies, material, labor and equipment as requested by Defendant. 25. As a direct and proximate result of Defendant Jeffrey 5 Allen Parker's refusal to pay the reasonable value of Plaintiff's services, supplies, material, labor and equipment from which Defendant Jeffrey Allen Parker benefitted, Defendant Jeffrey Allen Parker has been unjustly enriched in the amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00), without payment thereon. WHEREFORE, plaintiff demands judgment against Defendant, Jeffrey Allen Parker, in the amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00),together with the costs of this action, and interest, in an amount which requires compulsory arbitration, and any other relief deemed just and appropriate, together with the costs of this action, and interest, in an amount which requires compulsory arbitration, and any other relief deemed just and appropriate. COUNT NO. 4 - BREACH OF AGREEMENT David R. Lenker. II. v. Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales 26. Paragraphs 1 - 25 are incorporated herein by reference as if set forth at length. 26. At all relevant times hereto, Plaintiff substantially completed all terms and conditions of the agreement between Plaintiff and Defendant Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales. 27. plaintiff substantially completed all work in a quality 6 and workmanlike manner as requested by Defendant Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales. 28. Defendant Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, was properly notified of all invoices for the work completed has refused to pay plaintiff for such reasonable and fair services, notwithstanding the receipt of an invoice in similar form attached hereto as Exhibit "A". 29. presently an amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00) is due Plaintiff in accordance with Exhibit "A" 30. Over ninety (90) days have elapsed since the last billing. WHEREFORE, plaintiff demands judgment against Defendant, Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, in the amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00), together with the costs of this action, and interest, in an amount which requires compulsory arbitration, and any other relief deemed just and appropriate. COUNT NO. 5 - QUANTUM MERIT/IMPLIED CONTRACT David R. Lenker. II. v. Jeffrey Allen Parker. trading and doing business as Parker's Auto Sales 31. The averments of Paragraphs 1 through and including 30 hereinabove are incorporated hereby by reference thereto. 7 32. Pursuant to the request made by Defendant Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales as set forth in Exhibit uAu, Plaintiff provided services and goods to Defendant. 33. The reasonable and necessary charges for said services and goods provided as requested by Defendant are in the total amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00). 34. To date, Defendant, Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, despite proper request and demand by plaintiff, has not paid any amount to Plaintiff. 35. By reason of Defendant Jeffrey Allen Parker, trading and doing business as Parker Auto Sales, requests for performance of services and providing of goods, Defendant Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, impliedly promised to pay the reasonable and necessary charges for same. WHEREFORE, plaintiff demands judgment against Defendant, Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, in the amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00),together with the costs of this action, and interest, in an amount which requires compulsory arbitration, and any other relief deemed just and appropriate, together with the costs of this action, and interest, in an amount which requires compulsory arbitration, and any other relief deemed just and appropriate. 8 COUNT NO. 6 - UNJUST ENRICHMENT David R. Lenker. II. v. Jeffrey Allen Parker. trading and doing business as Parker's Auto Sales 36. The averments of paragraphs 1 through and including 35 hereinabove are incorporated herein by reference thereto. 37. Defendant Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, obtained the services, material, labor and equipment during Plaintiff's completion of the construction project more particularly described in Exhibit "A". 38. As a direct and proximate result of Defendant Jeffrey Allen Parker, trading and doing business as Parker Auto Sales's, refusal to pay the reasonable value of Plaintiff's services, supplies, material, labor and equipment from which Defendant benefitted, Defendant Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, has been unjustly enriched in the amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00), without payment thereon. WHEREFORE, plaintiff demands judgment against Defendant, Jeffrey Allen Parker, trading and doing business as Parker's Auto Sales, in the amount of Three Thousand Eight Hundred Thirty Dollars ($3,830.00),together with the costs of this action, and interest, in an amount which requires compulsory arbitration, and any other relief deemed just and appropriate, together with the costs of this action, and interest, in an amount which requires 9 compulsory arbitration, and any other relief deemed just and appropriate. Novernberib ' 2006 An rew C. Sheely, Es Attorney for plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 10 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Fa. C.S.A. Section 4904, relating to unsworn falsification to authorities. D~<<(f DATE: November /u , 2006 DAVID R. LENKER II 4,24. H~gestowL1 ' Rd. Po 13tj,x.2 '3(;. MECHANICSBURG. PA 17055-_ 01..7: I() (717) 766.2947 <oL(~' --sSG7 9ES~~If:'TIOr.of WO~K _ J, .If I, /,1. ,~ ' D DAY WOAK lJc.."\QJ 1>'\ It.. I fl:>'t" (;,1""1 "r-.. MOl \I '" ,..... of c." 11L c...' 7 , , "EJ GO!'lTAACT \Q_tl.v~1 ~ ~,~ ~e~~' I (.> ~$+'1'nPtlq~~:,.~~te;:;ie[tll.lc!'~f 1~> .,,' ; ".., , ",;,;9., E~TA,~ ,.', " ;;,iL,i;;lte;~{<;:'.;",;,:!.'i!;;t;~b?:i~l~~~itjij~lbEi;tt:,iBl~ii*ji.<!:~;>;;\.:;~i,;:~~~~I;ii;) ;!!X.~l~i~~~[~t~J!'ik Allc'L,D~'irosl. kd)Qrrfrl"~~{~ls fo \ ;1) st.J I C0ppvv,-Jc.<-k-lt~~i~-k I :>kp/?fFi~Q..liA~W:J lC"-l-S I~i'u{""' I F/Y.,...b/i\'1""'lX<.G.~.J-ll\j" : I I I I I I j I 4,rC(.. Jb 3~&:1 00 I I I I I I ~. f A I ( (i~~~ ~ \J.\f.""~ +'*' fc.bf':.cJg , iQ..)v\v\JQ,...~XcU.sJI'rt I,t~d'~lr.l. hd{ &.j)i~lds/'~p~ DjYoS4jQf~{( b 11.A$~ "',.;) ~~ "ps I ";l<..l4lJ~~ Ja+G< I ~r LABOR HOURS RATE AMOUNT WORK ORDERED BY TOTAL LABOR DATE COMPI..ETED I TAX 'Tb.ank.~u TOTAL cl]@1!J O~WlIDo~rn 0654 TOTAL MATERIALS TOTAL LABOR SIGNATURE (I hereby acknowledge the satisfactory comploUon ot the above described work.) PR01lllCl621_ (~~",~IO...n,M."014JI. fl..h i b; t ,I A Ii , ~,S I I 1 ~, "l -~) ."._\ -I] ~ ::;:J ~ rJ; ~ ~ ~ ~ ,~ i.....,,,,, - 9v ~ J rt ~ ~ - -' \/\ ........ I,,'i --t ~ ~ {.. . ~ ~ P :t::' "'" KOPE & ASSOCIATES, LLC By: Shane B, Kope, Esquire 1.0.92207 4660 Trindle Road, Suite 201 Camp Hill, Pa 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Defendant vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW DAVID R. LENKER, II, Plaintiff, JEFFREY ALLEN PARKER, Individually, and JEFFREY ALLEN PARKER, t1a and d/b/a PARKER AUTO SALES, Defendant. : No. 06 - 6567 (Civil Term) NOTICE TO PLEAD To: Plaintiff: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU, Respectfully Submitted, KOPE & ASSOCIATES, LLC ~~ Shane B. op , sq. Date: December 18, 2006 KOPE & ASSOCIATES, LLC By: Shane B, Kope, Esquire I.D, 92207 4660 Trindle Road, Suite 201 Camp Hill, Pa 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Defendant DAVID R. LENKER, II, Plaintiff, vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JEFFREY ALLEN PARKER, Individually, and JEFFREY ALLEN PARKER, tla and d/b/a PARKER AUTO SALES, Defendant. : No, 06 - 6567 (Civil Term) ANSWER WITH NEW MA ITER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendants, Jeffery Allen Parker and Parker Auto Sales (hereinafter "Defendants"), by their counsel, Shane B. Kope, Esquire, and file the following Answer and New Matter to Plaintiffs' Complaint: 1, Admitted, 2. Admitted. 3. Admitted. 4, Denied, The Plaintiff and Defendants were never involved in any sort of business relationship; to the contrary, Plaintiff and Defendants were friends and all prior conduct towards each other was pursuant to that relationship, 5, Denied, After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded, 6, Denied. The Plaintiff and Defendants did not have a business relationship, nor did Defendants request Plaintiff to perform any sort of construction and/or grading projects to any of Defendants' properties; to the contrary, Plaintiff, via his own initiative, donated his assistance to Defendants in installing a water line at Defendants' place of business. 7. Denied. The Defendants did not request that Plaintiff perform any sort of construction and/or grading projects to any of Defendants' properties; to the contrary, Plaintiff, via his own initiative, donated his assistance to Defendants in installing a water line at Defendants' place of business. 8. Denied, After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. 9, Denied, To the contrary, Plaintiff and Defendant never discussed any sort of payment arrangement, nor were Defendants aware that Plaintiff was expecting payment for his work until immediately before Defendants received Plaintiff's Complaint.1 10. Denied. The Plaintiff never made any sort of demands for payment as set forth above in Paragraph nine (9); to the contrary, Defendants did not know that payment I In fact, Defendants, prior to the Complaint, never received a receipt or invoice for any work Plaintiff allegedly performed at Defendants' place of business. Page 2 of 10 was expected by Plaintiff for his assistance in installing said water line until immediately before service of Plaintiff's Complaint. As to the remaining averments in Paragraph ten (10), Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. COUNT NO.1 - BREACH OF AGREEMENT DAVID R. LENKER. II. V. JEFFERY ALLEN PARKER 11. No response required, 12. Denied. There was never an agreement between Plaintiff and Defendants; to the contrary, all work done to Defendants' property was donated by Plaintiff without expectation of monetary reimbursement. 13, Denied, The Defendants did not request that Plaintiff perform any sort of construction and/or grading projects to any of Defendants' properties; to the contrary, Plaintiff, via his own initiative, donated his assistance to Defendants in installing a water line at Defendants' place of business. As to the remaining averments in Paragraph thirteen (13), Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. 14, Denied, The Plaintiff never made any sort of demands for payment as set forth above in Paragraph nine (9); to the contrary, Defendants did not know that payment was expected by Plaintiff for his assistance in installing said water line until immediately Page 3 of 10 before service of Plaintiffs Complaint. Defendants could not have refused demands for payment that were never received. 15. Denied. An amount of Three Thousand Eight Hundred Thirty Dollars ($3,830,00) is not due to Plaintiff; to the contrary, no money is due to Plaintiff for his work in relation to the installation of the water line on Defendants' place of business, as this work was a gift between friends. Furthermore, Defendants never seen, received, accepted, or acknowledged, through signature or otherwise, the receipt attached to the Complaint as exhibit "A.,,2 16, Denied. The allegations in Paragraph sixteen (16) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraphs ten (10), fourteen (14), and fifteen (15) above are incorporated herein by reference, WHEREFORE, Defendants respectfully request this Court enter judgment in their favor and against Plaintiff, together with costs, interest and any other fees the Court deems appropriate. COUNT NO.2 - QUANTUM MERIT I IMPLIED CONTRACT DAVID R. LENKER. II, V. JEFFERY ALLEN PARKER 17. No response required. 18. Denied, The allegations In Paragraph eighteen (18) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraphs six (6), 2 In fact, Defendants' signature is not included in the signature line at the bottom of the receipt attached as Exhibit "A." In light of this and the above, Defendants strongly suspect that Plaintiff recently created this receipt for purposes of this action, Page 4 of 10 seven (7), twelve (12), thirteen (13) and fifteen (15) above are incorporated herein by reference, 19, Denied. The allegations in Paragraph nineteen (19) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraph fifteen (15) above are incorporated herein by reference As to the remaining averments in Paragraph nineteen (19), Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. 20, Denied, The allegations in Paragraph twenty (20) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraphs nine (9), ten (10), fourteen (14) and fifteen (15) above are incorporated herein by reference, 21, Denied. The allegations in Paragraph twenty one (21) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraphs six (6) and thirteen (13) above are incorporated herein by reference. The remaining allegations in Paragraph twenty one (21) of the Complaint are comprised of legal conclusions to which no answer is required. WHEREFORE, Defendants respectfully request this Court enter judgment in their favor and against Plaintiff, together with costs, interest and any other fees the Court deems appropriate, COUNT NO.3 - UNJUST ENRICHMENT DAVID R. LENKER. II. V, JEFFERY ALLEN PARKER 22. No response required. Page 5 of 10 23, Denied, After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. 24, Denied. The allegations in Paragraph twenty four (24) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraphs six (6) and thirteen (13) above are incorporated herein by reference. As to the remaining averments in Paragraph twenty four (24), Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded, 25, Denied. The allegations in Paragraph twenty five (25) of the Complaint are comprised of legal conclusions to which no answer is required. WHEREFORE, Defendants respectfully request this Court enter judgment in their favor and against Plaintiff, together with costs, interest and any other fees the Court deems appropriate, COUNT NO.4 - BREACH OF AGREEMENT DAVID R. LENKER, II, V. JEFFERY ALLEN PARKER, TRADING AND DOING BUSINESS AS PARKER'S AUTO SALES 26. No response required, 26, (This paragraph was mistakenly numbered 26 in the Compliant; this Answer, therefore, will follow suit to save confusion). Denied. To the contrary, there was never an agreement between Plaintiff and Defendants, 27. Denied. The allegations in Paragraph twenty seven (27) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraphs six (6) and Page 6 of 10 thirteen (13) above are incorporated herein by reference. As to the remaining averments in Paragraph twenty seven (27), Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. 28. Denied. The allegations in Paragraph twenty eight (28) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraph fourteen (14) above are incorporated herein by reference. 29. Denied. The allegations in Paragraph twenty nine (29) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraph fifteen (15) above are incorporated herein by reference. 30, Denied. The allegations in Paragraph thirty (30) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraphs ten (10), fourteen (14), and fifteen (15) above are incorporated herein by reference, WHEREFORE, Defendants respectfully request this Court enter judgment in their favor and against Plaintiff, together with costs, interest and any other fees the Court deems appropriate, COUNT NO, 5 - QUANTUM MERIT I IMPLIED CONTRACT DAVID R. LENKER, II, V, JEFFERY ALLEN PARKER, TRADING AND DOING BUSINESS AS PARKER'S AUTO SALES 31. No response required, 32, Denied. The allegations in Paragraph thirty two (32) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraphs six (6), Page 7 of 10 seven (7), twelve (12), thirteen (13) and fifteen (15) above are incorporated herein by reference, 33. Denied, The allegations in Paragraph thirty three (33) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraph fifteen (15) above are incorporated herein by reference. As to the remaining averments in Paragraph thirty three (33), Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded, 34, Denied. The allegations in Paragraph thirty four (34) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraphs nine (9), ten (10), fourteen (14) and fifteen (15) above are incorporated herein by reference. 35, Denied, The allegations in Paragraph thirty five (35) of the Complaint are specifically denied and, to the contrary, the matters set forth in Paragraphs six (6) and thirteen (13) above are incorporated herein by reference. The remaining allegations in Paragraph thirty five (35) of the Complaint are comprised of legal conclusions to which no answer is required, WHEREFORE, Defendants respectfully request this Court enter judgment in their favor and against Plaintiff, together with costs, interest and any other fees the Court deems appropriate, COUNT NO, 6 - UNJUST ENRICHMENT DAVID R. LENKER, II, V. JEFFERY ALLEN PARKER, TRADING AND DOING BUSINESS AS PARKER'S AUTO SALES 36. No response is required. Page 8 of 10 37, Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded, 38, Denied, The allegations in Paragraph thirty eight (38) of the Complaint are comprised of legal conclusions to which no answer is required. WHEREFORE, Defendants respectfully request this Court enter judgment in their favor and against Plaintiff, together with costs, interest and any other fees the Court deems appropriate. NEW MATTER 39, The Plaintiffs Complaint fails to state a claim against the Defendants upon which relief can be granted. 40, Investigation may reveal the allegations presented in the Plaintiff's Complaint are barred by the applicable statute of limitations, 41, The Plaintiffs alleged damages, if any, were not caused in any way by acts or omissions of any employee, servants or agents of Defendants. 42. The Plaintiff's claims are barred by the Doctrine of Estoppel or Waiver. 43, The Plaintiffs alleged damages, if any, are caused by acts or omissions and/or defective products or services of others, whether parties to this action or not and/or third parties over which Defendants had no control. 44, The Plaintiff's alleged damages, if any, were caused and brought about by intervening and superseding causes not caused by Defendants. Page 9 of 10 45, The Plaintiff's alleged damages, if any, were proximally caused by the sole negligence or other conduct on the part of Plaintiff, 46. The Plaintiff's alleged damages, if any, were caused by acts or omissions of individuals who are not under the direct supervision and control of Defendants, 47. The Plaintiff's claims are barred for lack of timely notice of any alleged breach and/or lack of privity, 48. The Plaintiff failed to mitigate his damages, if any. 49, Defendants reserve the right to supplement these affirmative defenses with additional defenses as may be appropriate upon the completion of the investigation and discovery in this case. WHEREFORE, Defendants respectfully request this Court enter judgment in their favor and against Plaintiff, together with costs, interest and any other fees the Court deems appropriate, Respectfully Submitted, KOPE AND ASSOCIATES, LLC Y- Date: December 18,2006 Page 10 of 10 VERI FICA TION I, Jeffery A. Parker, individually, tla and d/b/a Parker Auto Sales, the Defendants in this matter, have read the foregoing Answer with New Matter to Plaintiff's Complaint. I verify that my averments contained therein are true and correct and based upon my personal knowledge, I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities, Dated: Id-11~ of, CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on December 22,2006, I served a true and correct copy of the foregoing Answer with New Matter to Plaintiff's Complaint via first class mail, postage prepaid, addressed as follows: Andrew S. Sheely, Esquire P.O. Box 95 127 South Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff KOPE & ASSOCIATES, LLC ne B, Kope, q. 4660 Trin e oao, Suite 201 Camp Hill, PA 17011 (717) 761-7573 1.0, 92207 Attorney for Defendant (> (-:-.~ r--' ~.;:;> L~;) C~.... C1 -r"'\ 'c-> r<' C.~~ ~- (:,"J \","l (,., " .. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LENKER DAVID R II VS PARKER JEFFREY ALLEN ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PARKER JEFFREY ALLEN the DEFENDANT , at 1854:00 HOURS, on the 15th day of November _, 2006 at 20 SUSQUEHANNA AVENUE ENOLA, PA 17025 by handing to CHRIS PUREFOY EMPLOYEE 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 ~ 18.00 13.20 .39 10.00 .00 41. 59 ~ I Jj 0 '1/0 f, to So Answers: <~~ R. Thomas Kline 00/00/0000 Sworn and Subscibed By: r D: y Sheriff before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LENKER DAVID R II VS PARKER JEFFREY ALLEN ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PARKER JEFFREY ALLEN T/A AND D/B/A PARKER AUTO SALES the DEFENDANT , at 1854:00 HOURS, on the 15th day of November, 2006 at 20 SUSQUEHANNA AVENUE ENOLA, PA 17025 by handing to CHRIS PUREFOY EMPLOYEE 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 Affidavit Surcharge So Answers: 6.00 10j~ R. ThO~~~ ~ .00 16.00;:::/ 00/00/0000 /;;'}-7}o(, ~ Sworn and Subscibed to By: ~~ . p. "ty Sheriff before me this day of A.D. Andrew c. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DAVID R. LENKER, II, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEFFREY ALLEN PARKER, individually, and JEFFREY ALLEN PARKER, t/a and d/b/a PARKER AUTO SALES trading and doing business Defendants . . 06 - 6567 PLAINTIFF'S REPLY TO NEW MATTER Plaintiff, David R. Lenker, II, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Reply to Defendants' New Matter filed on December 26, 2006, and respectfully states as follows: 39. The statements contained in Paragraph 39 of Defendants' New Matter are conclusions of law to which no response is necessary. To the extent a response is deemed necessary, the allegations are denied and strict proof thereof demanded at hearing or trial. 40. Denied. To the contrary, a full investigation by Defendants will reveal that the causes of action pursued against Defendants are within any and all applicable statutes of limitation. The remaining allegations set forth in paragraph 40 of Defendants' New Matter are conclusions of law to which no response " . is necessary. 41. The statements contained in paragraph 41 of Defendants' New Matter constitute conclusions of law to which no response is necessary. To the extent a response is deemed necessary, Plaintiff, after reasonable investigation, is without knowledge or information to form an opinion as to the truth of these averments, and such allegations are denied with strict proof thereof demanded at hearing or trial. 42. Paragraph 42 of Defendants' New Matter contains conclusions of law to which no response is necessary. To the extent a response is deemed necessary, the allegations contained therein are denied and strict proof thereof demanded at hearing or trial. 43. paragraph 43 of Defendants' New Matter is a conclusion of law to which no response is necessary. To the extent the paragraph includes factual averments requiring a response, Plaintiff, after reasonable investigation, is without knowledge or information to form an opinion as to the truth of these averments, and such allegations are denied with strict proof thereof demanded at hearing or trial. 44. paragraph 44 of Defendants' New Matter is a conclusion of law to which no response is necessary. To the extent the paragraph includes factual averments requiring a response, Plaintiff, after reasonable investigation, is without knowledge or 2 ~ information to form an opinion as to the truth of these averments, and such allegations are denied with strict proof thereof demanded at hearing or trial. 45. Denied. To the contrary, the damages incurred by Plaintiff are directly related to Defendants' failure to pay Plaintiff for work completed by Plaintiff at the request of and for the benefit of Defendants. 46. Denied. To the contrary, the damages incurred by Plaintiff are directly related to Defendant's failure to pay Plaintiff for work completed by Plaintiff at the request of and for the benefit of Defendants. 47. Paragraph 47 of Defendants' New Matter is a conclusion of law to which no response is necessary. To the extent the paragraph includes factual averments requiring a response, Plaintiff, after reasonable investigation, is without knowledge or information to form an opinion as to the truth of these averments, and such allegations are denied with strict proof thereof demanded at hearing or trial. 48. paragraph 48 of Defendants' New Matter is a conclusion of law to which no response is necessary. To the extent the paragraph includes factual averments requiring a response, the allegations are denied and strict proof thereof demanded at hearing or trial. 49. Denied. To the contrary, all affirmative defenses and 3 .' .. additional defenses are required to be raised by Defendants at the filing of his Answer and Plaintiff objects to any additional defenses associated with the actions or inactions of Defendants in this case. WHEREFORE, Plaintiff requests that this Honorable Court dismiss any and all defenses or claims of non-responsibility offered by Defendants and enter judgement for Plaintiff as set forth in the underlying Complaint. Respectfully submitted, January ID ,2007 ~~lY~ Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 4 , . '. VERIFICATION I verify that the statements made in this Reply to Defendants' New Matter are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Fa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: January /0, 2007 LUu/ David R. Lenker, II CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Reply to New Matter upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Shane B. Kope, Esquire Kope & Associates, LLC 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Date: January V~, 2007 #~~ Andrew C. Sheely, Esquire ~ <::::> = ...... ~ 5!:::n rn r- ::r,J ? OQ X,> 0..] -",.0 om --{ ?l5 -< <- ::z:,.. :z: N -0 ::r N .. o David R. Lenker, II 06 - 6567 vs Case No. 3effrey Allen Parker, individually, and Jeffrey Allen Parket, tla and d/b/a Parker c /~1~tn CalPc ~ o Statement of Intention to Proceed ~~ ~ To the Court: David R. Lenker, II Andrew C. Sheely, Esquire Print Name Date: ({ Attorney for - Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. CJ '11 ---~ x-r~ rn--~ -o~ o~ 2~ C3 -try z~ 0 :o I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive CQSBS The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must gant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ~ ~ --~ cn~ _... -~ ~ cJt O Dt'3 s intends to proceed with the above captimatter. yy. .. tv ~ .~ Sign Name David R. Lenker, II i DAVID R. LENKER, II, Plaintiff VS. JEFFREY ALLEN PARKER, individually, and JEFFREY ALLEN PARKER, t/a and d/b/a PARKER AUTO SALES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-6567 -n c4 r- h rn -p t r<2 hco p? "C V -wQ d v .? PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Andrew C. Sheely, Esquire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $3,830.00. The following attorneys or parties are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Andrew C. Sheely, Esquire Shane B. Kope, Esquire 127 S. Market Street KOPE & ASSOCIATES, LLC. P.O. Box 395 St. John's Road, Suite 101 Mechanicsburg, PA 17055 Camp Hill, PA 17011 c C?l G WHEREFORE, your petitioner prays your Honorable Court to appoi thZee X-, =M MF (3) arbitrators to whom the case shall be submitted. -,r- PO C:) Res ctfully ed, Date: December 30, 2011 N .....rn A drew C. Sheel quire --? `? Attorney for Plaintiff -`` '< PA ID No. 62469 127 S. Market Street, P.O. Box 95 Q Mechanicsburg, PA 17055 aw} v:M- dP4 4 717-697-7050 Cf *3a% J ORDER OF COURT l• pz W AND NOW, , 2012, in consideration of the forego' ng petiti , al ??AA Esq. , and ,erica"xi?i ,,- sq., and Esq. , are appointed arbitrators in the above captioned action as rayed for. By the Court: J. -T? Plaintiff Uj?vl-j A 1?4. AIX) 61 ??Z f / A Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. N-7 766 6 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. . ig ture Nam (Cha rman) dAflwytois V Law Firm ULC . bI w cam; ?1. . Address Signature No C 0? b-, Name Signature Name Law Finn Law Firm Address =Tv,4 cry U j fie. 1 ?(J Address ) ,- JA 1 `1 e ! (fin c c?tQn, e s i `1 OS o M ,c ,; PA 1-7e)SD City, Zip city, zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following a?va.rd: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: 2--2-3 -12- Date of Award: 2-13 -1 L Notice of Entry of Award K Now, the 03"' 3' day of ' 20 at ll e7?, I M., the above award was entered upon the docket and notice thereof g Ken by mail to the par`ies or their attcrneys. Arbitrators' compensation to be paid upon appeal: S 4111. 5 Prothonotary `By: Deputy 14, ?heAne ruuruduor, dissents. (insert name it 'applicable.) V ju PENNSYLVANIA