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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
NOTICE OF JUDGMENT/TRANSCRIPT
09-3-04
PLAINTlH NAVE 'lid AOOflF.SS
rsALERNO, FRANCIS V
1300 SCENERY DR.
MECHANICSBURG, PA 17055
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"'''00,\, No
,,~...... 017) 761-8230
17055-0000
DEFENDANT:
!VIA, LEON
RD 1, BOX 136A
HUMMELSTOWN, PA 17036
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IUNNn.lton
Glenn R. FARNER
Ad.,... 5002 LENKER STREET
MECHANICSBURG, PA
NAUE .~ AOOflESS
.J
LEON VIA
RD 1, BOX 136A
HUMMELSTOWN, PA 17036
Docket No,: CV-0000115-94
Dale Flied: 3/28/94
THIS IS TO NOTIFY YOU THAT:
[K] Judgmenl was enlered for:
(Nama) SALERNO, FRANCIS V
00 Judgment was entered against: (Name) VIA, LEON
In the amount of S
1.484.12
on:
(Date) 5/03/94
o Damages will be assessed on:
(Date & Time)
o This case dismissed wilh prejudice,
o This case dismissed withoul prejudice,
o Possession granted,
O Possession granted II money judgment Is not
satisfied within thirty days,
o Possession not granted
o Levy Is stayed for _ days or 0 generally slay ed,
o Objection to levy has been filed and hearing will be held:
Dale: Place:
Amount of Judgmenl
Judgment Costs
Interesl on Judgment
Allorney Fees
$1,438.12
$46.00
$.00
$.00
TOTAL
$1,484.12
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDGMENT BY FILING A NOTICE
O~PPE~~ WITH THE PROTHON~-Y'~ 1CLERK OF THj COURT ~_E.COMMON PLEA~I:C~~.~L~~!~',~,~~N,
,~~ - ~ -l~ Date ,/ '\, {/() /1 '11 ,'. I: ~. 1'1 i?1A JU'\....--,,:;,' ~, , DiS{rlct~J'us~lce
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l;rtllY t~~~tthls Is a true and corre~lY:'rt1f the record ~f)he !)r~!l,Qlngs cdrltalnlng lh?'j~dgmell\\
'. J- \- I ~_ Date ~12.-1/\ /1", 1\ :::::".--t( )C-f'1Jl,,'-.; ,.Di~lrlct ~ustice
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My commission expires fir 51 Monday of JanuilIY. 1!l!l1l ,
SEAL
I\(II'C l1r) ll~
Defendant
I IN THI!: COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
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I 94-2871 CIVIL .~T-Cl/H~'
I
,
FRANCIS V. SALERNO,
t/d/b/a L&S RESTORATION,
Plaintiff
v.
LEON VIA,
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims eet forth in the following pages, you must take
action within twenty (20) days after this document is 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 forht 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 document 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.
As provided by Pennsylvania Rules of Civil Procedure,
Number 1018.1, the following officer is designated to be named in
the Notice to Defend in order to find out where legal help can be
obtained.
Court Administrator
Fourth Floor
Cumberland County Courthouse
High and Hanover Streets
Carlisle, PA 17013
(717) 240-6200
" .
FRANCIS V. SALERNO, , IN THE COURT OF COMMON PLEAS OF
t/d/b/a L&S RESTORATION, , CUMBERLAND COUNTY, PENNSYLVANIA
I
Plaintiff ,
I
v. I
, 94-2871 CIVIL :Tt'Vl>"-
LEON VIA, I
I
Defendant I
AND NOW comes Francis V. Salerno, t/d/b/a L&S
Restoration, by and through his attorney, the Offices of
Fenstermacher and Associates, and files this Complaint, as follows,
1. Plaintiff, Francis V. Salerno, is an adult individual
residing at 1308 Scenery Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. L&S Restoration is a sole proprietorship with an
address for doing business at 5220 East Trindle Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Defendant, Leon Via, is an adult individual residing
at R.D. '1, Box 136A, Hummelstown, Dauphin County, Pennsylvania
17036.
4. On or about September 7, 1991, Plaintiff and
Defendant entered into a contract whereby Plaintiff agreed to
provide labor and materials to restore Defendant's 1936 Chevy
truck.
5. Throughout the time the work was provided, Plaintiff
billed and Defendant paid all outstanding monies owed.
.. .
6. In or about April, 1994, Defendant owed Four Thousand
Five Hundred Thirty-four and 46/100 ($4,534.46) Dollars on
performed work as follows,
(a) Rebuilt engine work $2,629.46
(b) Chrome work 685.00
(c) MiBcellaneous parts 220.00
(d) 40 hours labor at $25.00
per hour 1.000.00
TOTAL $4,534.46
7. In or about this time, a good faith dispute arose as
to the amount owed on the rebuilt engine as set forth in
subparagraph (a) above.
8. In order to resolve this dispute. Defendant,
represented by legal counsel, executed a settlement agreement with
Plaintiff on May 5, 1993 (See Plaintiff's Exhibit "A" attached
hereto and incorporated herein).
9. Through said Settlement Agreement, Defendant agreed
to pay the outstanding balance. Specifically Paragraphs 1 and 2 of
the Settlement Agreement statel
1. That, at the current time, Via owes to Sal
(Francis Salerno) a sum of Four Thousand Five
Hundred Thirty-four and 46/100 ($4,534.46)
Dollars representing the following outstanding
i temBl
2
... .
(8) Rebuilt engine work $2,629.46
(b) Chrome work 685.00
(c) Other miscellaneous parts 220.00
(d) 40 hours labor at $25.00
per hour 1,000.00
2. The parties agree that upon execution of this
agreement by sal, Via will tender sal the sum
of Four Thousand Five Hundred Thirty-four and
46/100 ($4,534.46) Dollars which brings the
amount current.
10. The Settlement Agreement stipulated that any
subsequent work performed shall cost no more than Eight Thousand
($8,000.00) Dollars for total labor, and Five Hundred ($500.00)
Dollars for total parts. Specifically, Paragraphs 4 and 5 statel
4. sal agrees that the labor charges to complete
the job shall be no more than Eight Thousand
($8,000.00) Dollars total (to be progress
billed monthly).
5. sal further agrees that the charge for
additional parts shall be no more than Five
Hundred ($500.00) Dollars.
11. Subsequent to the Settlement Agreement, Plaintiff
did in fact bill Defendant monthly and Defendant did in fact pay
all monies owed monthly.
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12. At the completion of all work necessary, a final
billing of One Thousand Four Hundred Thirty-nine ($1,439.00)
Dollars was still outstanding.
13. On or about March 15, 1994, Defendant provided to
Plaintiff a check in the amount of One Thousand Four Hundred
Thirty-eight and 12/100 ($1,438.12) Dollars, marked final payment,
(See Plaintiff's Exhibit "B" attached hereto and incorporated
herein by reference) and thereby took possession of the fully
restored 1936 Chevy truck.
14. Subsequent to deposit, said check was returned to
Plaintiff due to Defendant stopping payment on the check.
15. At no time did Defendant raise a concern or
disagreement as to the quality or workmanship of the services
rendered by Plaintiff or the One Thousand Four Hundred Thirty-nine
($1,439.00) Dollar amount deemed owed.
16. Plaintiff has since requested, and Defendant has
failed and refused to provide, payment of the outstanding monies
owed to Plaintiff.
COUNT I
BREACH OF CONTRACT
17. Paragraphs 1 through 16 are incorporated herein as
if fully set forth.
18. Defendant freely and knowingly entered into a
contract to provide payment for all services Plaintiff rendered in
restoring Defendant's 1936 Chevy truck.
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19. Specifically, Defendant entered into a contract, as
established in the Settlement Agreement, whereby Defendant would
pay, up to Eight Thousand Five Hundred ($0,500.00) Dollars, all
services and materials provided by Plaintiff after the execution of
the Bettlement Agreement.
20. To date, despite Plaintiff substantially fulfilling
his obligation in a professional and workmanlike manner, Defendant
has failed to pay unto Plaintiff One Thousand Four Hundred Thirty-
nine ($1,439.00) Dollars due under th~ contract.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court enter judgment in his favor and against Defendant in the
amount of One Thousand Four Hundred Thirty-nine ($1,439.00) Dollars
plus interest and costs from the date of completion.
COUNT II
UNJUST ENRICHMENT
21. Paragraphs 1 through 20 are incorporated herein as
if fully set forth.
22. Plaintiff provided services and materials required
by the contract, the Settlement Agreement, entered into between
Plaintiff and Defendant.
23. Plaintiff provided all of the services and materials
required under the contract in a professional and workmanlike
manner at a cost of Eight Thousand Five Hundred ($0,500.00)
Dollars.
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24. Said amount is a reasonable and cUBtomary charljJ8 for
like lervices and materials.
25. All of the services and materials provided by
Plaintiff were accepted by the Defendant and constitute a
subBtantial benefit to both Defendant and Defendant's property.
26. AB of thiB date, Defendant haB failed and refused to
pay One Thousand Four Hundred Thirty-nine ($1,439.00) Dollars of
the amount billed.
27. As a direct and proximate reBult of the foregoing
facts herein alleged, Plaintiff haB Buffered a 10sB in the amount
of One ThouBand Four Hundred Thirty-nine ($1,439.00) Dollars and
Defendant has realized a benefit in the same amount.
28. Plaintiff has made numerous demandB of the Defendant
who has failed and refuBed to pay and reimburse Plaintiff for the
aforesaid benefit.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court enter judgment in his favor and againBt Defendant in the
amount of One Thousand Four Hundred Thirty-nine ($1,439.00) Dollars
pluB intereBt and COBtB from the date of completion.
COUNT I II
FRAUD
29. ParagraphB 1 through 28 are incorporated herein aB
if fully set forth.
30. Defendant provided a check, marked final payment, to
Plaintiff.
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31. Defendant's tender of said check was a necessary
condition in order to obtain possession of the fully restored 1936
Chevy truck.
32. Defendant's action in stopping payment of said check
constitutes fraud under Pennsylvania law in that Defendant knew or
should have known that Plaintiff was relying on the tender of
payment.
33. In relying on Defendant's tender of payment,
Plaintiff gave up his legal right to maintain possession of the
1936 Chevy truck until full payment was made for all services and
materials provided, or until the dispute was settled through the
judicial process.
34. At no time did Defendant dispute the billing of One
Thousand Four Hundred Thirty-nine ($1,439.00) Dollars or question
the quality or workmanship of the service or materials provided.
35. It is alleged, and therefore averred, that Defendant
had no intention of paying on the check provided to Plaintiff.
36. Defendant's action constitutes willful, wanton and
malicious conduct towards Plaintiff.
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SETTLEMENT AGREEMENT
1l.1ckl1round
The parties to thio agreement arc V.V, (Sol) Salerno tla L &
I
S Restorations, who is in the buuineBu of restoring classic
vehicles (hereinafter referred to aD "~al"1 and Leon Via, who is
the owner of a 1936 Chevy Pick-up truck (hereinafter "Via"). Via
gave to Sal a 1937 pick-up truck for full reutoration and the
partieu diocuooed priceu for tho job and differenceD arooe over
what tho actual agreement wau.
Now and therefore, the p.utieu deuiring to lIettle their
differencell and come to a complete underutanding aD to the
agreement between them, the parties intending to be logally bound
"
agree as follows:
1. That, at the current time, Via owes to Sal, a sum of
$4,534.46 representing the following outotanding items:
A. Rebuilt engine work - $2,629.46
B. Chrome work - $605.00
C. Other miscellaneouu partll - $220.00
D. 40 hourll of labor at $25.00 per hour - $1,000.00
2. The parties agreo that upon execution of this agreement
by Sal, Via will tender to Sal the Bum of $4,534.46 which brings
the account current.
3. Sal agreeD to complete tho full rcutoration "frame-up"
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including parts and labor and any and all outBide work required to
be done, and to be completed by the end of 1993.
4. Sal agreeu that the labor chargell to complete the job
"hall be no more than $0,000,00 total (to hc progreBB billed
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FRANCIS V. SALERNO, , IN THE COURT OF COMMON PLEAS OF
t/d/b/a L&S RESTORATION, I CUMBERLAND COUNTY, PENNSYLVANIA
,
Plaintiff ,
,
v. I
,
LEON VIA, , 94-2871 CIVIL
,
Defendant ,
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY,
Kindly enter a Default Judgment for Plaintiff Francis V.
Salerno, t/d/b/a L&S Restoration and against Defendant Leo Via in
the amount of One Thousand Four Hundred Thirty-nine ($1,439.00)
Dollars and docket such judgment in the appropriate index. I
hereby certify that written notice of intention to file this
Praecipe was provided and is attached hereto as Plaintiff's Exhibit
"All .
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES
BYI
Joh Fenste a
Sup erne Court 1.0.
John R, Beinhaur
Supreme Court I,D. *55631
5232 East Trindle Road
Mechanicaburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED I August -LL-, 1994
EXHIBIT "A"
FRANCIS V. SALERNO, I J N 'I'lli': COUII'l' OF COMMON PLEAS 01'
t/d/b/a L&S RESTORATION, I CUMDEIlLANO COUNTY, PENNSYLVANIA
I
Plaint if f I
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V, I
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[,EON VIA, I 94-2071 CIVII,
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Dofondant I
CRRTIPICATR OP SERVICE
I, John R, Doinhaur, do horoby cortify that the foregoing
Notice waB Bent by firut clauB, poutago propaid mail thiB day to
I
the following I
R. Eric Piorco, Enquiro
73 Cedar Avonllo
Ilorshoy, PA 17033
Rospoctflllly submitted,
l"ENsn:IlMACllIm AND ASSOCIATES
nYI( /~i(' /1 61mA'tbr _
John n. !'onate ncner
Supreme Court 1.0, .29940
John n. neinhaur
Supremo Court 1.0. .55631
5232 Eaot Trindle Road
Mochanicoburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED I July~, 1994
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