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Home My WebLink About02-2885COMMONWEALTH O~ pENNSYLVANIA NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS ~ ~)~/',. -- O~ei~'''~' NOTICE OF APPEAL Notice is givefl that the appellant has filed in the above Court of Common Pleas an appeal from the judgrne~t rendered by the District Justice an the dato and in the case menfianed below- This. bloc[ will be signed ONlY when this notatian i, required under Pa. R.~'.x~r.~O. II 81,,~,,snt WS~ O~MA~T (~Se f:~d. R.O.P.J.P. No. ~is ~e 1 O01 ( 6 ) in action before D~striFt Justice, he MUST Appeal, whe~ Justice, operate SUPERSEDEAS to the judgment for posses~o~ i. this lose FILE A COMPLAINT within ~wen~y (20) days alter filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Thi~ $~tion ot totrn ~o be used ONLY when appell~ was DEFENDANT (see Pa. R.C.P,J.P. No. 1001(7) in ~tion before Distri~ Ju~i~e. IF NOT USED, detach from copy of notice of appeal to be served upo~ appellee). PRAECIPE: To Prothanotory ,/ Neme of (Comman P~ea~ ~ \ , appellee(s), to file a complaint in this appeal days after seevice of rule or suffer entry of~g~ of non pros. (1) You am notified that a rule is hereby efltered upon you to file a complaint in this appeal within twenty (20) days after the date of smvice of this rule upon you by persanal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS W1LL BE ENTERED AGAINST YOU. (3) The date of service of this rule If service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 31 COMMONWEAL] H OF pENNoYLVAN.A COUNTY OF: CUMBERLAND __ 09-2-01 PAOLA P. CORI~F~L ~."'1 COD'RTHOUSZ gQUARB CAItLI SLZ, PA T.~e: (717) 240- 6564 DBA 17013-0000 · Oi~%~' MAC~ZN~ SHO · 80 'fTOV~ D~I'V~ CAKDIfT. a~, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAiNTiFF ~r*M~ n,~c A~ORESS r-Ho~, HRUCE 366 ~- QUEEN ST APT.# CHAMBERSBUKG, PA 17201 - VS. DEFENDANT: NME J~ ADD~eS$ U~ ~ BHO 80' ~ DKI~ LCARLIBL~, PA 17013 [~ocket No.: CV-0000151-02 ate Filed: 4/04/02 Judgment was entered against: (Name) in the amount of $ = - on: ~'~ Defendants are jointly and severally liable. ~ Damages will be assessed on: ['"-~ This case dismissed without prejudice. Amount of Judgment Subject to . Attachment/Act 5 of 1996 $. Levy is stayed for days or [] generally stayed. Objection to levy has been flied and headng will be held: (Date of Judgment) , g/~2,~./n,~ 'Date & Time) Amount of Judgmen~ $ 4,000~0{] Judgment Costs $ , ,,E5.9~ Interest on Judgment Attorney Fees $ Total $ ~. 085'.9~ Post Judgment Credits Post Judgment Costs Certified Judgment Total Date; Place: Time: · ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE ' OF ·APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU · MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMEN_T/T~SCRIPT FORM WITH YOUR NOTICE OF APPEAL. .... Date [, ...--"'7,~.._~'x _~.~t~,~.-'~ ',?strict'Justice 11 cert,fy that this isa trod cor. rec~py~f/~~inge c~/ing ,he judgment. 'l ' .My commission expires first Monday of Januery, :2,006 S~AL ' AOPG 315-99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT : (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER.filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .......... __.__~._~...~..~ -_._ ...: .... . ..... __; SS - AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Ple~s No __i, upon the-District Jusiice designated therein on (date of service). __.' : _:: ...... -, [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ..... , on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on .................... [] by personal service [] by (certified) (registered), mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of affiant Signature cf offici~¢ before whom a~davlf was mgde Title o! official My commissior~ expires on PROOF OF SERVICE OF 'NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~J.]~o~ .; SS AFFIDAVIT: I hereby swear or affirm that I served a copy of ihe Notice of App~al, Common Pleas No~ ~:/Z,.-~ ~ , upon the District Justice designated therein on ~ (date of service) .... [~ ,~"V~~ -- , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on [~_~')'~"~ '2.~;~"~-... [] by personal service [] by (certified/(registered) mail, sender's receipt attached hereto. ~ and further that l served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ._ I'~c:~.~,..Jj,/,,~._ .......... mail, sender's receipt attached hereto, SWORN (AFFIRME.D)AND SUBSCRIBED BEFORE ME THIS D^YOF Title'o! crfic;~l My commi~n ~piie~ c .... _Z.~;[~_..., [] by personal service ~} by (ce?ed) !registered~. ~~'"'-~~Stcmaturo of affiant- postage Certified Fee Return ReCeipt ~ (Endo~sentent Requlr~u~ Rest~cted De [ve~J Fee ~ [Endorsement Requ red) r'~ [~] ~otat postage & Fees r~ r~ r-1 BRUCE HOWE, Plaintiff KNAUB ENTERPRISES, INC., d/b/a UCF MACHINE SHOP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2885 CIVIL TERM : : : 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 claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hate falta asentar una compareneia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BRUCE HOWE, Plaintiff Vo KNAUB ENTERPRISES, INC., d/b/a UCF MACHINE SHOP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2885 CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, Bruce Howe, by his attorney Forrest N. Troutman, II, and the law firm ofHANFT & KNIGHT, P.C., and makes the following Complaint: 1. Plaintiff is an individual residing at 366 East Queen Street, Apartment No. 1, Chambersburg, Pennsylvania 17201. 2. Defendant is a Pennsylvania corporation with its principal offices at 80 Stover Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about August 18, 1999, the Plaintiff brought his 1988 Subaru Model XT DL automobile to Defendant's shop for repair because it had broken down. 4. At the time Plaintiffbrought his automobile to Defendant's shop in August of 1999, Defendant's business was operating under the name Hanover Auto Works located at 519 South Hanover Street, Carlisle, Pennsylvania 17013. 5. On or about October 4, 1999, Defendant provided Plaintiffwith an estimate to rebuild the engine in Plaintiffs automobile for a cost of $3,150.00 plus tax, which included a 36,000 mile/3 year warranty, and required Plaintiffto pay and Plaintiffdid pay, one-half of the estimated price as down payment in the amount of $1,625.00. A true and correct of the estimate and receipt is attached hereto as Exhibit "A' for all purposes. 6. On or about December 3, 1999, Defendant completed the repairs and contacted Plaintiff to pick up and pay for the repaired automobile. 7. On or about December 7, 1999 Plaintiff paid the balance owed to Defendant for repairs made to his automobile and drove his automobile from Defendant's premises. 8. The total amount charged by Defendant and paid by Plaintiff for the repairs was $3,712.94. A true and correct copy of the receipt evidencing payment is attached hereto as Exhibit "B" for all purposes. 9. On or about December of 1999, the oil light on Plaintiff's vehicle illuminated and Plaintiffpresented the automobile to Defendant for diagnosis and repair. Defendant determined a heat sensor was needed. Defendant charged PlaintiffS58.00 for the repair. 10. Defendant, in connection with the repairs associated with the oil light illuminating, admitted to Plaintiff that Defendant did not prime the newly rebuilt engine as a necessary step to prevent damage to the newly rebuilt engine. 11. On or about February of 2000, Plaintiff's automobile broke down and Plaintiff brought the automobile to Defendant for diagnosis and repair. Defendant determined there was gasket material in the oil and problems with two lifters requiring Defendant to rebuild the engine for a second time. There was approximately 2,000 miles on the originally rebuilt engine. 12. Sometime after installation of the heat sensor, in late May of 2000, Plaintiffnoticed oil leaking in several places on the engine in his automobile and Plaintiff presented the automobile to the Defendant for diagnosis and repair. Defendant charged Plaintiff $275.00 to diagnose the engine and to insert dye into the engine oil as an aid to determine where the oil leak existed. Defendant instructed Plaintiff to drive the automobile for 200 miles and to bring it back to look for evidence of the dye leaking. 13. In late May of 2000, before presenting the automobile to Defendant, Plaintiff requested another automobile repair service, T & M Automotive, to use a black light to see the dye leaking along with the oil to determine the leaks were present at the timing cover and cam covers. 14. Plaintiff presented the automobile to Defendant to determine where the dye-laced oil was leaking and Defendant determined that this repair was not covered under warranty, neither the 36,000 mile/3 year warranty nor the 6,000 mile/6 month shop warranty. There was approximately 5,800 miles on this second rebuilt engine. 15. After approximately 17,000 miles since the initial rebuild, on or about May of 2001 Plaintiff's automobile breaks down on his way to Chambersburg, Pennsylvania. Plaintiff has a Chambersburg-based automobile repair shop tow the automobile to its shop. 16. On or about May of 2001, Plaintiff contacted Mechanics Choice Warranty, the administrator of the 36,000 mile/3 year warranty, to file a claim and unsuccessfully attempted to obtain the name of an authorized repair shop other than Defendant's shop. 17. Upon determining that Danny's Garage in Chambersburg was an authorized repair facility under the Mechanics' Choice Warranty, Plaintiff requested a diagnosis. Danny's Garage determined that the cause of the failure of the engine was improperly installed piston rings. 18. On or about July of 2001, the cause of the failure of the engine was communicated to Mechanics Choice Warranty by Danny's Garage and the claim for repair was denied by Mechanics Choice Warranty. 19. The basis for Mechanics Choice Warranty to deny the claim for repair was based on a position that negligence of the installer (i.e., Defendant) was not a covered event under the walTanty. 20. All further efforts to obtain repair of the automobile under the warranties purchased through and provided by Defendant were unsuccessful. COUNT I - BREACH OF CONTRACT 21. The allegations of Paragraphs 1 through 20 are incorporated herein by reference. 22. Defendant breached its contract with the Plaintiff by reason of providing an inferior and improper repair of Plaintiff's automobile for which Plaintiff paid good and valuable Evidence of Defendant's breach of contract include, but are not limited to the consideration. following: Co delivering a rebuilt engine that did not last even half-way through the warranty period; delivering a rebuilt engine that broke down numerous times and finally required a complete rebuild; and failing to property install piston rings which caused complete failure of the rebuilt engine. 23. damages: As a result of the Defendant's breach of contract, the Plaintiff incurred the following B. C. D. E. Cost of rebuild $3,712.94 Cost ofoil pump and heat sensor 58.00 Cost for diagnosis and injection of dye 275.00 Cost for independent analysis of dye in oil 21.20 Unspecified costs to rent a substitute automobile while Plaintiff's automobile was broken down (amount estimated) . 250.00 Total - $4,317.14 WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of $4,317.14 plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local roles of court. COUNT II - NEGLIGENCE 24. The allegations of Paragraphs 1 through 23 are incorporated herein by reference. 25. In the alternative, the damages suffered by Plaintiffwas caused by the negligence and carelessness of the Defendant in: A. negligently installing the piston rings causing the ultimate, premature and complete failure of the rebuilt engine and rendering the repairs completely worthless; B. as a result of the negligence and carelessness of the Defendant, Plaintiff sustained the damages set forth in Paragraph No. 23 above. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $4,317.14 plus interest and costs of suit, and amount within the jurisdiction of arbitration under the local roles of court. COUNT III - CONSUMER PROTECTION LAW VIOLATION 26. The allegations of Paragraphs 1 through 25 are incorporated herein by reference. 27. In addition to the above stated alternative grounds for relief, Plaintiff suffered damages due to Defendant's actions which constitute a violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1, et seq. as follows: A. causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services by charging for and delivering a warranty or warranties which fails to cover the Defendant's conduct; B. representing that goods or services have sponsorship, approval, characteristics and benefits that they do not have in that the repairs were not performed adequately or in a good and workmanlike manner and the warranty issued did not have the characteristics it was represented to have; C. representing that goods or services are of a particular standard, quality or grade when they are in fact not of such standard quality or grade; D. failing to comply with the terms of the 6,000 mile/6 month and/or 36,000/3 year written warranty; E. making repairs, improvements or replacements on personal property, of a nature or quality inferior to or below the standard of that agreed to in writing; and F. engaging in fraudulent and deceptive conduct which created a likelihood of confusion or of misunderstanding for Plaintiff with respect to the repairs, services and warranties purchased from Defendant. 28. As a result of Defendant's violations of the Unfair Trade Practices and Consumer Protection Law as stated above, Plaintiff suffered damages as set forth in Paragraph 23 above. 29. By reason of the violations of the Unfair Trade Practices and Consumer Protection Act, Plaintiff seeks damages of up to three times the actual damages sustained and stated in Paragraph 23 and also seeks reimbursement for reasonable attorney's fees and costs incurred in prosecuting this action against Defendant. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of the actual damages of $4,317.14 plus a discretionary award of up to three times the actual damages, plus interest, costs of suit and reasonable a .... ttomey s fees as prowded for m the Unfair Trade Practices and Consumer Protection Law, an amount within the jurisdiction of arbitration under the local roles of court. HANFT & KNIGHT, P.C. Forrest N. Troutman, II, Esquire Attorney I.D. No. 86575 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorneys for Plaintiff VERIFICATION Bruce Howe hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsifications to authorities. Bruce Howe DATE: CERTIFICATE OF SERVICE AND NOW, this 3rd day of July, 2002, I, Forrest N. Troutman, II, Esquire, of Hanft & Knight, P.C., hereby certify that I have served a Complaint by mailing the same by United States mail, postage prepaid, addressed as follows: Dennis Knaub Knaub Enterprises, Inc. d/b/a UCF Machine Shop 80 Stover Drive Carlisle, PA 17013 Address KEEP THIS SUP FOR RE r~ F~-~ 51P50 EXHIBIT PAGE I OF ~ INVOICE I'I~IIIOV~I ~ULU VVC)IF~5 519 S. Hanover St. Carlisle, PA. 17013 PHONE - 717-2~,3-3514 INVOICE oo143 I FAX- 717-243-1109 ' Your One Stop Automotive Facility ~ ~ [ ~ Print Date :12/03/99 ~ 988 HOWE, BRUCE OU<~__eter In: 0 29 E. POMFRET ST. Lic #: BUZ8251 Odometer Out: 121800 Carlisle, PA 17013 Unit#: Home 717-249-7402 Office 717-249-8863 VI~ #: JF1AX4323JC310380 Part DescriPtion/Number Qty List Extended Labor Description F~ended REMOVE ENGINE, STRIP TO BARE LONG 447.20 USED TIMING COVERS, ALL INNER AND OUTTER MISC 6.00 15.00 90.00 NEW WATER PUMP FP1934 UC 1.00 85.00 85~00 RADIATOR HOSE. 8302 NA 2.00 10.88 2t.76 RADIATOR HOSE 7296 NA 2.00 4.88 9.76 HEATER HOSE 10020 NA L00 9.06 9.06 PCV VALVE 2-9254 NA 1.00 8.20 8.20 COOLANT HOSE 10772 NA 2.00 15.38 30.76 EXHAUST STUDS 675359 2.00 4.98 9.96 COOLANT HOSE 807606162 1.00 16.92 16.92 COOLANT HOSE 807505322 1.00 9.95 9.95 BATrERY MT-58 1.00 64.95 64.95 HOSE CLAMPS MISC 10.00 0.90 9.00 OIL FILTER MISC 1.00 6.00 6.00 OIL 1040 4.00 LB0 7.20 ANTI FREEZR MISC 1.00 7:98 7.98 STICKER A19-8985353 1.00 2.00 2.00 155 43322 1.00 11.96 11.96 BLOCK, SEND TO MACHINE SHOP FOR COMPLETE REBUILD, REINSTALL IN-VEHICLE AND MAKE A! J: NESSACARY-ADJUSTMENTS. RRR[m'.D COMPLF. TE ENGINE INCLUDES TEAR DOWN & ASSEMBLY, RECONDITIONING OF CYLINDER' HEADS, CRANKSHAFT, CONNECTING RODS, BORE & HONE CYLINDERS, CHECK ALL CLEARANCES, CLEANING OPERATIONS, PRESSURE TEST CYLINDERHEADS & BLOCK HALVES AND 3 YEAR OR 36,000 MILE WARRANTY. $1400.00 PARTS REPLACED-- LIFFERS, ROD BEARINGS, ~ BEARINGS, PISTONS, RINGS, OIL PUMP, TI1VENG BELTS, TIMING BELT TENSIONERS, All. GASKETS & SEALS AND PISTON PIN BUSHINGS. TOTAL PARTS CHARGE $1188.11 TEST AND O.~A2~ RADIATOR PSI CHARGE BATTERY, WOULD NOT TAKE A CHARGE. REPLACED BA'ITERY BRAKES BRAKES RF 4B LR 4B TIRES 6RR 2,588. I I 48.00 19.00 0.00 We use the latest in automotive Service Equipment An express mechanic's lien is hereby acknowledged on above car or truck to secure the amount of ~poirs thereto. Warranty on pa~s and' labor is six months or 6,000 miles whichever comes first. Warranty work has to be performed in our shop & cannot exceed the orJ~nul dost of repair. Upon authorizing this invoice, I confirm ~hut all repairs were done to my safi.~ction and agrccraent, v Signature ...................................................... · Date ......................................... Time ....................... PAGE / OF 519 S. Hanover St. I 001435 Carlisle, PA. 17013 PHONE - 717-243-351-4 FAX - 717-243-1109 Your One Stop Automotive Facility INVOICE Print Date :12/03/99 1988 Subaru -XT DL HOWE, BRUCE Odometer In: 0 29 E. POMFRET ST. Lic #: BUZ8251 Odometer Out: 121800 Carlisle, PA 17013 Unit #: Home 717-249-7402 Office 717-249-8863 Vin #: JF1AX4323JC310380 Part Description/Number Qty List.Extended Labor Description Extende,~ Parts: $400.46 Sublet: $2,636.1 t Sub: $3,502.77 gte use~e latest in automotive [ Technicians: BUTLER, JOEL JOEL ] 3,712.94 [ Payments - ] Rovisi~s $ 0.00 laboAn express mechanic's lien is hereby acknowledged o~,~bove car or truck to secure thc amount of repairs thereto. Warranty on parts ahdr r ~s six months or 6,000 miles whichever comes fa-st. Warranty work has to be performed in our shop & cannot exceed the original ~st of repair. Upon authorizing this invoice, I confirm that aH rel~irs were done to my satisfaction and agreement. Sig~n3 -m~re' ............................................................................. ' Date ........................................ Time ..................... EXHIBIT. PAGE..., OF SAIDIS SHUFF, FLOWER & LINDSAY ATI~)RNEYS~AT*IAW 26 W. High Street Carlisle, PA Bruce Howe, Plaintff Vo Knaub Enterprises, Inc., d/b/a UCF Machine Shop, Defendant : In the Court of Common Pleas of : Cumberland County, Pennsylvania ; : No. 02-2885 Civil Term ; : : ANSWER AND NOW comes the Defendant KNAUB ENTERPRISES, INC. d/b/a UCF MACHINE SHOP by and through his attorney Saidis, Shuff, Flower & Lindsay and respectfully avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied; it is specifically denied that Defendant "admitted" to Plaintiff anything, and strict proof is required at the time of trial. 11. Admitted. 12. Admitted. 13. Admitted SAIDIS SHUFF, FLOWER & LINDSAY ATroI~Yg*AT*L~W 26 W. High Street Carlisle, PA 14. Denied; Defendant specifically denies that he made a determination that the repair as explained by the Plaintiff was not covered under warranty, and strict proof is required at the time of trial. 15. Denied; the Defendant has no knowledge as to the truth of this allegation, and strict proof is required at the time of trial. 16. Denied; the Defendant has no knowledge as to the truth of this allegation, and strict proof is required at the time of trial. 17. Denied; the Defendant has no knowledge as to the troth of this allegation, and strict proof is required at the time of trial. 18. Denied; the Defendant has no knowledge as to the truth of this allegation, and strict proof is required at the time of trial. 19. Denied; the Defendant has no knowledge as to the truth of this allegation, and strict proof is required at the time of trial. 20. Denied; the Defendant has no knowledge as to the truth of this allegation, and strict proof is required at the time of trial. COUNT I - BREACH OF CONTRACT 21. No response is required. 22. Denied; thc allegation in paragraph 22 is a legal conclusion to which no response is required. To the extent that a response is required, Defendant did not breach any contract with the Plaintiff for an improper repair. To plead further, the Defendant was not given the opportunity to make any repairs as necessary, and allegations A through C are denied. 23. Denied; the allegation in paragraph 23 is a legal conclusion to which no response is necessary is required, and strict proof is required at the time of trial. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA WHEREFORE, the Defendant prays your Honorable Court to dismiss the Complaint filed by the Plaintiff. COUNT II - NEGLIENCE 24. No response is required. 25. Denied; the allegation in paragraph 25 is a legal conclusion to which no response is required. To the extent that a response is required, Defendant did not breach any contract with the Plaintiff for an improper repair. To plead further, the Defendant was not given the opportunity to make any repairs as necessary, and allegations A through B are denied. WHEREFORE, the Defendant respectfully requests your Honorable Court to dismiss the Complaint of the Plaintiff. COUNT III - CONSUMER PROTECTION LAW VIOLATION 26. No response is required. 27. Denied; the allegation in paragraph 27 is a legal conclusion to which no response is required. To the extent that a response is required, Defendant did not breach any contract with the Plaintiff for an improper repair. To plead further, the Defendant was not given the opportunity to make any repairs as necessary, and allegations A through F are denied. 28. Denied; the allegation in paragraph 28 is a legal conclusion to which no response is required. To the extent a response is required, Defendant denies violating any Unfair Trade Practices or Consumer Protection Law. 29. Denied; the allegation in paragraph 29 is a legal conclusion to which no response is required. To the extent a response is required, Defendant denies violating any Unfair Trade Practices or Consumer Protection Law. WHEREFORE, the Defendant respectfully requests your Honorable Court to dismiss the Complaint as filed by the Plaintiff. Date: oc>- /o. 0 -Z-- By: Respectfully submitted, SAIl)IS, SHUFF, FLOWER & LINDSAY Supreme Court ID #53147 26 W. High Street Carlisle PA 17013 (717) 243-6222 Attorney for the Defendant SAIDIS SHUFF, FLOWER & LINDSAY A~YS*AT*LAW 26 W. High $1reet Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY ATrOP, I~YS*ATeLAW 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Dated: By Dennis Knuab, Defendant SAIDIS SHUFF, FLOWER & LINDSAY AITORN~YS*AT*LAW 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE On this ~ d~ay of ,~~, 2002, I, Johrma Kopecky, hereby certify that I served true and correct copy of the foregoing ANSWER via United States Mail, postage prepaid, addressed as follows: HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE HOWE, Plaintiff KNAUB ENTERPRISES, INC., dgo/a UCF MACHINE SHOP, Defendant CIVIL ACTION - LAW No. 2002 - 2885 C1VIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Hanfi and Knight, P.C., counsel for the Plaimiffin the above-referenced matter, respectfully represents that: 1) The above-captioned action is at issue; and 2) The claim of the Plaintiffin the above-referenced action is not greater than Twenty- Five Thousand ($25,000.00) Dollars. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Johnna J. Kopecky, Esquire, of Saidis, Shuff, Flower and Lindsay, P.C., 26 West High Street, Carlisle, Pennsylvania 17013. WHEREFORE, Petitioner prays this Honorable Court appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, Date: ~'~nds~y G]n~rtch M01ay, Esquire -~ Attorney I.D. No. 87954 Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE HOWE, Plaintiff KNAUB ENTERPRISES, INC., d/b/a UCF MACHINE SHOP, Defendant CIVIL ACTION - LAW No. 2002 - 2885 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Hanft and Knight, P.C., counsel for the Plaintiffin the above-referenced matter, respectfully represents that: 1) The above-captioned action is at issue; and 2) The claim of the Plaintiffin the above-referenced action is not greater than Twenty- Five Thousand ($25,000.00) Dollars. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Johnna J. Kopecky, Esquire, of Saidis, Shuff, Flower and Lindsay, P.C., 26 West High Street, Carlisle, Pennsylvania 17013. WHEREFORE, Petitioner prays this Honorable Court appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, ~'~ndsay Gin~ch M01ay, Esquire Attorney I.D. No. 87954 Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE HOWE, Plaintiff KNAUB ENTERPRISES, INC., d/b/a UCF MACHINE SHOP, Defendant CIVIL ACTION - LAW No. 2002 - 2885 CIVIL TERM .ORDER OF COURT ANDNOW, this ~/~-dayof_ d&~ ,2002, in consideration ofthe foregoing Petition for Appointment of Arbitrators, 5~~~(/ Esq., '~//-J~ff~ ,Esq.,and ~ ~~~'~q. are appointed arbitrators in the above-captioned action as prayed for. By the Court, BRUCE HOWE, Plaintiff KNAUB ENTERPRISES, INC. d/b/a UCF MACHINE SHOP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2885 CIVIL TERM CIVIL ACTION - LAW ,ORDER AND NOW, this _~/~day of ~ 2002, IT IS HEREBY ORDERED that the appointment of HORACE A. JOHNSON, ESQUIRE as Chairman of the Arbitration Panel in the above matter is VACATED and DAVID J. LANZA, EsQUiRE is APPOINTED in his absence. :164642 BY THE COURT: