HomeMy WebLinkAbout94-04060
"
I'J
"
"
, ,
,'I'
"
"
.~
~
j
, '
"
"
\
)
/
/
"
,
I
, '
't
,-;:1
"/r
',I,
, If ,~
fi}
I'li'
'r'::
I,Jj
~i
'ti"
"
\
"".!"I
\
Ei
~
F-
Ii
"
f,
"~I "
l
"
I
,.
,I
"
"
\:
)
':,'~
'I "~
,.
,.1
" !',1~
'i'
"
"
1;,('1,
,
":l
,~'!
,;':'!
"
{','
,
=t~
:l \
.,. , 0-
."
':1jr. .. t:'
I! ...."Z:. 0 '0
Uro:J .. 'I ,:,~ ~' \.r) 10 .N)
~ ': z,1..':J;' Q
""Q(I.... . ~. 0ClI tf')
I,...-r.n- .<S-
('I') I('.....;r. Q ~
, ,....:> '::T' -
,.),,_ ,tl}
I ~l I.,. ~~ '6- tr ~ ~ ~.
1la '.~ ,j/II,J 'r.
II..~ n)IAI
...~:.,l. ~
.. ..."" ~..J:.
@) 0'"
, ,
, :
,
I
"
I
, ,.
,
,
"
"
,
,
",'
,
,
"
,
"
"
I'
.-
Ii,
.
-
. "
.'
..... ....
,
, ,
',I I
plaintiff
I IN THE COURT OF COMMON PLEAS
, CUMBERLAND COUNTY, PENNSYLVANIA
I
I
KEITH HARRISON, an adult
individual,
v.
NO. q4- L{OIoO (Ivll T'ftn
LARRY R. SWARTZ, an adult
individual,
and
RAY FAHNESTOCK, an adult
individual, t/d/b/a
RAY'S AUTO SALVAGE,
Defendants
IIOTICI
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 Cdse 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 TAIl THIS PAPER TO YOUR LAWYER AT OIlCI. Il
YOU DO HOT HAVI A LAWYER OR CANNOT AllORD ONI, GO TO OR TELIPHOIII
THE O'I'ICI SIT 'ORTH BILOW TO 'IND OUT WHIlRI YOU CAlI GIT LEGAL
BILP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, Pennsylvania 17913
Telephone: (717) 240-6200
.
6. At the time of the previously describ.d agreement Defendant,
LARRY R. SWARTZ, took posses ion of the tractor and paid the
$~OO.OO deposit to Plaintiff.
7. Per the parties' agreement, the balance of due from
Defendant, LARRY R. SWARTZ, of $1,300.00 was to be paid upon
Defendant's receipt of the title to the tractor.
8. On or about June 8, 1994, Defendant, having not received
title to the tractor, did, through his attorney, demand a return
of his $500.00 deposit.
9. Plaintiff, in response to Defendant's demand, agreeded to a
recis~ion of the parties' agreement via a return of the deposit
in exchange for return of the tractor; said exchange to take
place by August 1, 1994.
10. Subsequently, on July 8, 1994, Plaintiff offered to return
the deposit in exchang~ for the tractor in advance of the
proposed August exchange date.
11. Plaintiff was advised by Defendant, LARRY R. SWARTZ, to meet
Defendant at a convience store in Mount Holly Springs during the
evening hours of July 8, 1994, to effecuate the recission of the
agreement via the proposed exchange.
12. Plaintiff, upon arriving at the convience store did meet with
Defendant. Defendant, however, did not have the tractor in his
possession.
13. Defendant, while at the convience store, demanded Plaintiff's
payment of the $500.00 in cash before he would advise Plaintiff
of the location of the tractor.
" .
14. Plaintiff, in compliance with Defendant's request, returned
the $500.00 via a cash pay~ent; Defendant, neverless, refused to
sign a receipt for the payment as evidenced by the notation
appearing on the bottom portion of PlaJntiff' s Exhibit "A".
15. Plaintiff, after making the demanded payment, was led by
Defendant to Ray's Auto salvage, the place of business of the
Defendant, RAY FAHNSTOCK.
16. Plaintiff, with the understanding that there was a recission
of the agreement, attempted to remove his tractor from the place
of business of the DefenQant, RAY FAHNSTOCK.
17. Plaintiff was prevented from doing so by Defendants LARRY R.
SWARTZ and RAY FAHNSTOCK; the Defendants having blocked
Plaintiff's tractor with their vehicles.
18. Upon blocking Plaintiff's tractor, Defendants demanded
payment of $650.00 claimed as a "storage fee" before they would
release Plaintiff's tractor.
19. Plaintiff had no prior information from either Defendant of
the claimed "storage fee" nor did Plaintiff have a contract for
storage with either Defendant.
20. Defendants have from July 8, 1994, to the date of the filing
of this complaint, refused to return Plaintiff's tractor to
Plaintiff until payment of the claimed "storage fee".
21. Plaintiff has performed all steps necessary and required of
him for the recission of the agreement between Plaintiff and
Defendant, LARRY R. SWARTZ.
22. As a result of Defendants' actions, Plaintiff has been unable
to regain possession of his tractor.
~"~1Mfr
I.: ( o...dev K:l~P
'l --L.~~~~)o'(.f7,b",,~'Y)
~n o,'h ..'-'~ ~C\'( (, \::;.cn -
"
CONTRACT FOR INTINT TO SILL
I Keith A, Harrison due hereby accept a $500.00 depoait from
Larry Swartz. for the intent to purchase the 79 International
Tranatar II, The balance of $1300,00 is due upon receipt of the
title for the above mentioned tractor.
~~
p~
Keith , Harrison
Lar
Sworn and subscribed before me
~~a,y ~~ 1~94.
'" I u-y?~
No ary Public .
Q.du. ~ (\ b <;'00 I 60 (q<; A
Qe~\ +- c.c{. '1',aoerYl
'1~~-<ty \D LA.r('1-~trk
retu.'S~ +0 s\~V").
If....... NolINtSlll
.~ L HlwIIlCM, NoDry PlilIo
O::C-'~'~Countv
'", --E"ll*'oIrb;6."l9.'l
-l.':\'(~ C:,~'ft~
~~.
/ K-~\' t\C\.l"N<.:c;n
(' f /,
/\~ ;(:' ~
~."-~"'_'n.
i
, "-_'~'.~,~h"'_"_ll!
i
I
1'111 P^
CO",'ANV WIMlol " 1 ',I J~lI'MIY
4667
trl!>lJllM-lCE IDENTIFICATlOtl CARD
f,iIH~nrn (:"IH'I"oIl
rnrcll'" {,AI'
~"ICV ~UM'H I',
LG14601
VlAft
'1/1/'1
I'JPu,^,trmllAII
, "I
~)/J/94
'III I' 11 I' N1IFICA"m. /'II1Mm"
"~"I ,HI)I" r
1979 1111 I. 'l'r"IHiI',,1I
AOINCYICOM"'~rj, 1',',IJltlU (;^IIII
I'; :~L~ 7,JnA?:,,1 :lrl
Insuralll'I'
6000A I. i Ii'
Hbg" 1'1,
INIU"ID
r
l'lr.nld, III",
II'-':il.{)\/I) lifl.
IIII
i 1.1 I 11.11' J,' i .';" II
I} Illlf.! ')III.H)n,1 1",111' ,"r11:-1I,uJ.n, P^ 17013
L
! ' I
~
A,
il
flA IIIU NuMIUlllA.'i tilitM'N UN AI 1M.: IllJ Illllil
, ' \ I .
~t-lj,Q1 tiilNi,~~wp..-i.--4~--
"
'H.-Ilk II'.
o
MAll:l Of "ltlll I'
Pull\,.ll",'!1
'1;J'1
I ,~
tnNi'::,.,;;
.:".".",,,,1.....','"
o
o
...-.1.\.1.-.......--
,.
r ]I ~~l
..,
I
...____._.._L..L..:.-_' ~ _I ~.~
lMI ,l'i.lMllOM ffAL DUbIN!:: ~H hAM11
~.-;,~-:-
(l) IlHlIdl \
L~
L~__.. m___ [JO/)otl
t IIlb' NAMI
lJj.lC....lli
MiJL~i:l:;-~L.
o
8,
I
',t.lIAhll
"M<IIH\t
j- t1:,-li-~ -
.': ,I'
"
.,. ~~
o
.........--.~ \ - ..
-'-'f---.1--~...:""
. /,
o
o
",,,: ..
, ,,~,~ I" ~
I.. H,"
,"! I. \ (
,
I-AsI'~MI 1l),i'-lJLL'Hil~tt~, j..AMt I
MIX.. INlllAI
I"" r -"~l~' . '.
I~......~,L .1" IIfh;ll'
blI."."rll..o' 1,1
I~ ;":LOL
lb I".. A41l", ""1
o
'Ijlh-'-N"'MLU~
Ill.." AlIJl/IllIlJ
'\IIu II'" llJ
-j " " I
"---~'-l.- Iii tK.Q,~~
--
:-1
lii ,"iU,illtAI;.:j',------- .
IWlnT
~'.
,
-~--~.' li'''''k~''~~- .llptcU' --[illf~lQt..t~O-'
~. , ,
. \ . I,::.L~_. ___0~___.J.1G.L__I~[_~_:.1>..,
D. lA/;' ~t IO'HULL BUbU\lli~~A"'f;1 HHbT frUoMt MlDDLL ,........l ~:::t~fU~U:OI
CO.PUnl.l.Abi-fl--.-~~-- - - - .. ---- - -.----~ - -.. - ---
~ Tlllttu
o
o
",y
:J lwn
~-III"
o
o
.. HlII'l/l'lrftt~)I' I)'
""XI/M"""..",
o
o
~jHiil-
F.. EJ.IIIIIPt NumLlet
i&I~llItJb.,.lhIt
Dt'I1I.1.l
!:lo."AlClllorlft/11
.-..
NIl,Jlc'llnl,
b TIIIII&II" FilII
o
II
I I
o
----iipcOOf
cin-
liMn
rrlH'llONt Nt)
/ .
o
E,
MAAE Of ~UUCl[
VEII!Cl( IOa;N'~ICAfION NIJ~Bl::R
'lrlt""",f...
II
o
-------
o
...ODEl v EAR
'" _'~~L~'~--D-F~"
r.. r 'P.ArI"I'1l rlF pnf\lI()II';I-/I"!;~J' n PI ."
U TMANlSflR I RfNEv..L 01 PlATE
o TRANSfER & REPLACIiMENT OF PlAlE
rJ rnANh''''~ Ot P1."'E II HEPl~I:.MENr ot llHCl<l;f~
8 Rllplatllll'Mlrll
,..
o POOH
o
o
F,
(~IGINAl PI. ATE
r'l\AII'AIII
fAdlffll'lnJIU
,,'
u
- r-a.o-""t;- 7.-
" ~l d.,.,
(hu~ "I
1~~ Ar"'~I~!_ .
hllllt.lvbt.IQO:JVkUln
BURE AU lPAOOf ry IN.
fiUR#4CE MUST Bi AT.
TACtlEDI
[___ChANGE PI ATE TORE
15~IJEO 8y BURIi.AU
IEMP0nARV PLATt:
Ifi~UEllRY fULL AGE,..r
~l'lIl to
II
llliHAMJ rOl,4l,J.
(....~j 'J' 101
PlATE NO 'If ,,' / \ '.' ^ oJ I 3'ili.A50NT(JH-HiR'~'(jj'li:'Nt ---....~.-
-....,-d-i" OHJhf [JLi'~'.11)
I Af'IRlti ();' o""~'''"rr.ll\ill~''')htII'>M~~'
Mumh --4:-:loJ- v..,''' ['. ~~TI,lt Ni.....EI~HIiCf.l\llJL1~~.!'_.:.:._'...!..!'~.:..!_!_9..'L,I~lr.Ulln'u~IUl(lll,ltslll.! rlI .<44
TRAN5FEHRt:O fHOM TillE NO L" _
LI r ' ,-I J ; .,' . .\ " ,.'. ,1 ~ 'f '-I J ..:1 ...,
SI ~Ttmr ~i-~~tt--fRoM ~'j'>~Hf1i[~ ._~- --_.-. ----.--lRELATIO~5t1iPiO APf\' .ICAf.lT'
Wltf,M PLAH I~ BflNC, TR,4l.t>oS.
frr~Rt[)IIFOTIIFRlltANAPPlICAN' -..l..-.....-- .....
VEHICLE ~UIKI1A:)~LJ G\JWH ._- liE R~-(i(jf1oi'>5m'~'---- -_.'-~---::rlf"'(ji";'~Wl05SCO~B .
Wfl(,lIfIM,) .. ., U(" . If.lCLUOIN(.lOAO WT IIF APflLICABlEI
';:~~~l$:~~~~:)~Y-N^ME-~-t-=-.-~-~.-.. -- -1~9ilCY NOll H - --- -------- -- [f'l'l-I~Y f:FflcTWE .. ----Ti~\\ii:Y~xPiflAi'ON-
--.-.....---- -_J.-h.LlJ....... __....~~ll~1 t - --~ -L----- OAf-=--4--~-t-- _~"T~ ~--':'t--
IIfl111F'1 111ATONMlIN1H " f)Af '1'Ak 1',~lJ!t,(~AhlNTIPhINI NAMfl A"ENIMJ
~;~;~~~u :~~~:oC~~E~;0~AT~~~}tT!.I~~g;il~~~;Q'~~~E~~~i~~Ef m;t~_I~~~TU(~Nrj . it.-.c1~.. .~~ ..._.__~____ _ _ .."l, 7(
~=~~~ C0MP\IANCE WITH All APPLlCAHI r FUO".%I()M, ()F 1/,1:. ~l::tlIUI , uUIO I~ UINt, MjE~T ;,lI,NAIUl1f r TE.lI:YHONE NO
~O[PA_I~~~~~~!.~~~)!,~!!0~_~.!__.._ ~~. I Z- 1 1..L -,
!IWI;, o flllF '( fltAT L WI' ~IA""f l ~AMI~jkD .AM) ~,Il"'NI..D" 1-1~1~;,,;~i"~I,.I-AmH Ib f 01,.1111 .;; ~t;U iilZtHtE It.FllAMAIION ~;I"I:f\; I', rfdAr:-.I;-(-uHHl:Cr IFA~ E)l~TI~;::;--
15 CL IlIM~ (J IHE fll}!,I;1 :A:~f.H ~uHlI'f Ii 1,EH1IF I~' II'M. II ",H' I:) ,l.IJTHnrlllEL, 1<,1 I II&IM 11 II:, t AI-Ml'll! IN I. WF ACKr..UWI.E DGE 11'M I WE MAY lU5E MV UUH OPEFiAIlNG
Pfll'lHHill:i, ,'f, ....fHIUE I<r,;I:,JII"'II)t.,:,. ~"Ii I'Mlml I,! MMt.rAlt~ IINA""Uf"l "i.~,...')"':>IBllln utj IIIF. CUliRENtLV Hf:(~I':>H"El) liE.Hlul:: t:Ofl THE PERIOO OF
Illhil~iTnAll!;t. I 'liE AI-I<N"\I,'I'I,' .1' IlrM I v..r ~'AI PI . 1,1' l (T T j A f ,t.t ,. EXCElCII,,-" 'tl,OUO MiD IMPllll:iOh""ENT lJ' NuT Mom:: THAN TWO YE"H~ FOR AN'"
I ". I ',',' I "I'. r "',.r I '..1 ".~, I /. I, OJ'. I , ".1,:
o
o
[J
n:~p PLATE NO
Q,
i
~
\:-,1
A':"j(,""
r.'~ ~~ I
5~~j..~~"~l~Z~' ~r ~IJU~;,.r~~~~ _
~on.lflII,,,, <)1 L, "1,,~h.I','! r,II.. ,}I A..lh';"I..,1 ';~;n,.'
,.n:.'.JIIt ~,
..".,1
..""
- -----1
..-.......---.---'.-
, . ....~ ..,;: ~ ~....~. . ..~ ~~
~'
~'''J'\,llurll 01 StIC("~J P"n..h"',,., ,)r ",,11'(,/11,'" ~lQnll1
.Wl) <;~I'I"rL"" "I (:z~'-;-;;_.ha~-;,-r,ii;;_~!-~;'li;;;_;;;~;~;JlII~...
Ao.,SIl,N'
MENT
';:"",..
H I€I
II A UI,I-'l!'lrHA~H. OIl!lEf1 IHAN 'l'OuH ':iPOUliE Ib LI:iIEO "BrNI!. UI~CI< UNE OF
_~~!:'..r~,; IN..~.~~~?~._ ... _____._____..~.___
A ,] JOINT TENANTS WITH RlmlT OF SURVIVORSHIP - ON DEATH OF ONE OWNEH_ TITLE GOES TO SURVIVING OWNEfl
B LJ TENANTS IN COMMON - ON DEATH OF ONE OWNER. INTERE<;T OF O~(,fA~JE.O OWNEFl GnE') TO Hl5 '-:-)1; Hfn Hflll~ (m ~ ~rArE
NOTE IF THE VEHICLE IS BEING LEASED. CHECK THIS BI.OCt< II IF Bl(,CK ,,; OIECKfD cmAPl E TE AND AT TAf,H FORM MV-IL
~-- ------.-~ --- n.... -liyU;;'--;;igIBiral",~'dij~~jf~8~I!f;-al~ ;l~i l~li;I~II(J I MESSENGIR NUMBER:
~~hlfl 6lII1jj~~ pHt.t Cijjll~( I Pel\llOOl
." , ~., '""' .. I U ...:.();J,', 1l:l\Ilt"Uti.-\h" III.UI:"I'I\....Iol_". .. ~j q. . . II ., oJ. \ ",,
~~
....
....
....
....
....
....
. *
.01"
*01"
ttO*
*01"
:~
*<1:.
*0..
* *
*01"
*0l0
*01"
*0l0
to<O*
* *
~
*;C*
!,
i!li
~$c
oa:u
!6111
.\3
t~
""
:.___'.\ tJ ~
LL
., I~
0-- ~~
0- ,'~
... "
,,'
... '"
1"'.1,. ",~:;
>- '; ;! ';
<I" ,- '"
1:: ~,-'-
"
'., j'~
,"
, "
/l "'I
t'J,~ I ,,'
(>-;'"
0'-' ,,]
~~' I'
,"<)
.. w.'
.,..4 .e.
, .
:,,1...
ti ~:1
'..
-..
'..
"Ill!
"..
":\f~'
UJ
:z
4:
..J
.:<
o
o
:3
Z
o
>-
...
::J
...
o
r<1 '-
l'
O'
00.
OOj
<t r<1~
....
<tl
:I:
...
....
loLl
.-
-
00
".
" N.
r<1j
UJ <f.
:z r-.,
3 ...,
0 I'l
f'l 0.
...
o
r-.
~ : I~ \!
z <t 0., i
O..J I ~ "I
r.n \ Itl
~ is qii
~ ! ~,I\'
<I:~1j"\
:I: ~ ~ I!
::"'ci~.!
w 0 oCt
~ r., U
o~ c.~
N OVl '"
"9 o~_
.-4.. o~
i ~d:~
as'
.
)(
..-. 1"1
0-
0-
...
9
6
0--'; 0,.
""* 0,
<1".:.'- 0'"
~,~ o~
"..1.., ~IJ 0"
<1:' O~ .
r.:J~ 0-1 .
-,';' 11"--
r-... O'j 0..-
N N~ 0;
M ("'''<1 o~
("..I '~,.....,...
~ ....~
i-
,
.
-c
N
IX
..J ""t'"
<'t .. o-u
:z I"'lO
o ...
.... ~~ 0
... _30 N':<
4... v ~ lI")\,U
:Zl 0 ^......
",- 0-.4
\JJ r")~- O'c.
l-' .. C'..J~
% - ItJ~ M~
lo-4 'C N~ 0--<1:
; v :>
tractor to plaintiff in oxchange for plaintiff's return of the
$~OO.OO deposit, the time for the exchange being set for Friday
eveninq, July 8, 1994, and
(c) that at the time set for the exchanqe, the Defendant,
LARRY R. SWARTZ, received repayment of the $500.00 deposit from
Plaintiff but then, with the aid of the Defendant, RAY FAHN-
ESTOCK, prevented Plaintiff from removinq the tractor from the
Defendant FAHNESTOCK's property and demanded an additional
$500.00 as a "storaqe fee".
3. Since filing plaintiff's Complaint the Defendants have
retained possession of plaintiff'a tractor. Plaintiff believes
and therefore avers that the tractor remains on the property of
the Defendant, RAY FAHNESTOCK.
WHEREFORE, Plaintiff requests this Court to schedule a
hearinq on this Motion and after the hearinq to cause a writ of
Seizure to be issued upon the filinq of a bond as provided by
Pa.R.C.P. 1075.3.
-----zJ!j. / /
. /~;;'/"'L- /"/~
Thomas M./Kutz )
Attorney' for plj).ntiff
Sup~~:)Id. No. 38887
219 East Main street
Mechanicsburq, PA 17055
(717) 795-9277
date: /CJ//1/?f'
/ '
KEI'rH HARRISON, an adult
individual,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. qy - 40lD 0
Civt'1 TtrfYl
Defendants
q ~
, ....
l)'.r; ,
"1' ........
::r"l' c:::)
LARRY R. SWARTZ, an adult
individual,
and
RAY FAHNESTOCK, an adult
individual, t/d/b/a
RAY'S AUTO SALVAGE,
'~I t .
'. w
HOTICI ': ':;:,' .;;
,_. ,,'~, W
I~j CD
,-' " ,', ""'Q
.,. I =-
, j.
You have been sued in court. If you wish.<to 4Ifend
against the claims set forth in the following page., yocF-mu.t
take action within twenty (20) days after this comphint and
notice are served, by entering a written appearance personally or
by attorney and filing in writing with the court your defense. 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 IHOULD TUI THIS PA'D TO YOn LAnD AT OIlCI. IF
YOU DO HOT on A LAnD OR ClUlJfOT UrORD 0.1, GO TO OR TILU.On
HI OrrICI liT .0aD BILOW TO .IIID OOT nDI YOU CU Gin LlGAL
HILI'.
Court Administrator
4th Floor, Cumberland County Courthou.e
Carlisle, Pennsylvania 17913
Telephone: (717) 240-6200
"/1 "
b,,-,/<i /r /'I
6. At the time of the previously described agreement Defendant,
LARRY R. SWARTZ, took posse.ion of the tractor and paid the
$SOO.OO deposit to Plaintiff.
7. Per the parties' agreement, the balance of due from
Defendant, LARRY R. SWARTZ, of $1,300.00 was to be paid upon
Defendant's receipt of the title to the tractor.
8. On or about June 8, 1994, Defendant, having not received
title to the tractor, did, through his attorney, demand a return
of hi. $500.00 deposit.
9. Plaintiff, in response to Defendant's demand, agreeded to a
reci..ion of the parties' agreement via a return of the deposit
in exchange for return of the tractor; said exchange to take
plaae by August 1, 1994.
10. Subsequently, on July 8, 1994, Plaintiff offered to return
the deposit in exchange for the tractor in advance of the
propo.ed August exchange date.
11. Plaintiff was advised by Defendant, LARRY R. SWARTZ, to meet
Defendant at a convience store in Mount Holly Springs during the
evening hours of July 8, 1994, to effecuate the recission of the
agreement via the proposed exchange.
12. Plaintiff, upon arriving at the convience store did meet with
Defendant. Defendant, however, did not have the tractor in his
po..e.sion.
13. Defendant, while at the convience store, demanded Plaintiff'S
payment of the $500.00 in cash before he would advise Plaintiff
of the location of the tractor.
14. Plaintiff, in compliance with Defendant's request, returned
the $500.00 via a cash payment; Defendant, neverless, refused to
s19n a receipt for the payment as evidenced by the notation
appearinq on the bottom portion of Plaintiff's Exhibit "A".
15. Plaintiff, after makinq the demanded payment, was led by
Defendant to Ray's Auto Salvage, the place of business of the
Defendant, RAY FAHNSTOCK.
16. Plaintiff, with the understanding that there was a recission
of the agreement, attempted to remove his tractor from the place
of business of the Defendant, RAY FAHNSTOCK.
17. Plaintiff was prevented from doing so by Defendants LARRY R.
SWARTZ and RAY FAHNSTOCK; the Defendants having blocked
Plaintiff's tractor with their vehicles.
18. Upon blockinq Plaintiff's tractor, Defendants demanded
payment of $650.00 claimed as a "storage fee" before they would
release Plaintiff's tractor.
19. Plaintiff had no prior information from either Defendant of
the claimed "storage fee" nor did Plaintiff have a contract for
storage with either Defendant.
20. Defendants have from July 8, 1994, to the date of the filing
of this complaint, refused to return Plaintiff's tractor to
Plaintiff until payment of the claimed "storage fee".
21. Plaintiff has performed all steps necessary and required of
him for the recission of the agreement between Plaintiff and
Defendant, LARRY R. SWARTZ.
22. As a result of Defendants' actions, Plaintiff has been unable
to regain possession of his tractor.
VDJnClA'I'JOM
I veri.fy that the tact. .et forth in the tor.90inq
pl.adin9 ara tru. and correct to tha be.t of .y knowledve,
information and beli.f. I under.tend that fa1.. .tate..nt.
herein ara mad. .ubject to the pena1ti,. of 18 P..C.S. ..ction
4904, relatinv to un.worn falsification to authoritie..
~~SON
, .'
'.
conTRACT FOR InTEnT TO SILL
I Keith A. Harrison due hereby accept a $500.00 deposit from
Larry Swartz, Cor the intent to purchase the 79 International
Transtar II. The balance of $1300,00 is due upon receipt of the
title for the abov~ mentioned tractor.
~~
p~
Keith . -H;~rison
Sworn and subscribed before me
~~aY 5flh 1~94.
I \1- I u,_/~~
No ry publ ic
~&e.l
~:'L HMlIan: NoIIyI'\Jllo
~COI1\,~:~t~~
~jUX(\ b<;'OO. 60 ('q<;~
Qe~\+ cc{. 9 r,aOerYI
1-&'-~Y \0 LAr(1-~rk
re~u..'&ro\ +a S'\~"",
~.-~1Mfr
-1-' ( Q.ri-~~ ~l~P
..' L~~\.A.~^~b\'''~''il
~..'{ \ ...\-, ,v~ '<-.C\ '{ r \ 'S. en
-l.o..( ~ s.\....:~.J f <::..
~~~r'~on
-..
/~:,1 "('
i' /) /I
"
Ii
......
'.>1
,,1"
:\ ",:.\ "
'j':
,
,
'!,
,
"
:1'
, ,
'"
, I ! 1,1 ,.11 II, I". t, II I
" > I" "lllt.l':tlfiJlJ"" I .
1 .,L ,~I:~~!:lJ~t'j: III ,~' f'~t~.uil~f.~_~~c,lj, I
I" :\__rj~.v.'~lJ~il;:I'\'
!'! ,hl/N,\";~"'IU'~'11'"",","",,,"II';,J'llai I ;"'r'''PJ~.'lfI'' c~'''''f.M .!\'. ""~"'-'.,,..w'J...I.,.
"
','
Ko, .~
9 Q' AM '9~
"
I >,,,' I I', fll)~
or rill' , I.; j,;(lII')1'.\f.y
CUMb/I" ^'IO 1~"'ilnY
I'<HI\~\I '.A~I.
,
,
"
,!
, ..,.""",-_.~........,...".""". .'......."."...".,""'.... '''f
't ,.
,"
1'..","
,
,\
"
""'~''''''',.' -''''''''''''''';',1;-''
" ',t1'
:.. \1
..
" 'li."
--
>11
"
":,.
"
..._.~,..~..~.~~...t.~..'i,.:".'
',1 '
If. Ii
.
I
'I"
~
.,
.
"
..
.
"
,'" I... ,',;1Ji,.; ~;l
j.. ,1.1
,\"".'~'
"
",
,il
,
,
'IF
,
;1'
,
,
"
~I II
,
",
, I
I'.
, '0
,
, ,
, : ,
"
,
, " .. ,
, , :
,
;1"
"
,I' "},'i'
,
1_)
,,"
..
"I')
"
..
,
"I
..
..
){\1
11:.'1
;',
;;,",
"
r<,!fi:
',j
J,'
\""
ih ~~
. .'1:"'0'
,,,
:1"" -,
.-t .
.t., '.
''S ,. . ~
.
,en " .t'
" "::
: . ~t ' "
-:r "
:! ,
'~; r.~.
, '''"'''.t
J ....>"f
~
I'
,,'
10, Admitted in part and Deniod in part. It is admitted that
Plaintiff offer~d to return the deposit in exchange for the
t,l'actor, It is specifically deniod is tl1<lt Defendant evor agreed
to any proposed August excl1~ngp dato and therefore strict proof
thereof i~ demanded.
11. Admitted in part dnd Denied in part. It is admitted that
Defendant Larry R. Swartz agreed to meet during the evening hours
of July 8th, 1994 with Piaintiff. It is specifically denied that
such meeting was to effectuate the rescission of any earlier
agr'1ement between tho parties.
12, Admitted.
13. Admitted.
14. Admitted in part dnd Deni"d ill part. It is admitted by Defendant
that plaintiff returned Dofendalll's earlier $500.00 cash
down payment. It Is specifically denied that Defendant refused
to sign a receipt for payment, Defendant by way of further
answer, asserts that he was never given the opportunity to sign a
receipt for payment.
15. Admitted.
16, Denied. After reasonable investigation. Defendant is without
sufficient inform,at ion or knowledge to form a belief as to the
~ruth of the averment and therefore, strict proof is thereof
dema nded .
17. Denied. It is specifically denied that Defendant Larry R. Swartz
blocked Plaintiff's tractor with his vehicle. To the contrary,
Defendant Larry R. Swartz dsserts that he walked away from the
Plaintiff's tractor and sat upon a parked vBhi~le located some
distance from the said tractor.
18. Denied. It is specifically denied that Defendant Swartz ever
demanded payment of $650.00 for a storage. To the contrary,
Defendant Larry R, Swartz mentioned nothing about a storage fee to
Plaintiff.
19. Denied. After reasonable investigation, Defendant is without
sufficient information or knowledge to form a belief as to the
truth of the averment and therefore, strict proof is thereof
dema nded ,
20, Denied. Defendant Larry R, Swartz made numerous attempts to offer
Plaintiff the opportunity to obtain his tractor without payment of
any said storage fes by way further answer, both the nights of
July 12th and July lSth, 1994 attempts wero made Defendant Larry
R. SWt1rtz to ('sturn vehh.le to I"laintiff. rhes€! ,jtt:<,rnpts were
unsuccessful due to Plaintiff failing to appear at storage yard
where tractor was located.
21. Denied. Aft..,r r8d>iVlIdbJ", inv"o,t.iUdl.l"n, l.Iehnldont 1>, without
sufficient informdl',i'>lI or knowll)d<JI" (" fOIIlI" bl'lli,~1' IlS to th.,
truth of t.he dverllll;lnt Ilnd ther<3fQre, >>tr iet proof ilS thereof
delll<3nded .
22. Denied. It. specifiutlly deniod I~laintiff hdS been unAble to
regain possession of his tractor due to any action of Defendant
Larry R. Swartz. To the contrtlry, Defendant Larry R. Swartz,
through his attorney, has made numarous offor~ t.o return the
tractor to Plaintiff.
23, Denied. After rO'35011>1b1<, invu'3tigation, Defendant is without.
sufficient information ur knowlodge tu fOlIO a bellaf as to the
truth 01' the averment and therefore, strict proof is thereof
demanded.
24. Denied, Af~.er reasonable investi<Jdtion, Defendant is without
sufficient information or know1edgn tu form D belief as to the
truth of the averment and lhorefore, strict proof is thereof
demanded.
Wherefore, Defendant Larry R, Swartz prays for this court to dismiss
the plaintiff's complaint Daain~t him.
NEW MATTER ASSERTING AFFIRMATIVE DEFENSE OF FRAUD
2'5. plaintiff's complitint '>'el'fj to rec:over the sum of $1800.00 from
Defendant, alleging that Defenddnt breached a contract dated April
22, 1994 for Plaintiff's '::dl,!' dTICI D<<fendant '~~ purchase of a 1979
International Transtar II trdctor" A copy of the contract is
attached as exhibit A.
26, Before Defendant execuled tho contract, Plaintiff represented to
Defendant the following:
A) As part of the parties agreement, title to the above
referenced tractor was to pass upon Defendant's payment
of the balance owed on the parties contract. That
balance was $1300.00. Before and after Plaintiff
accepted a $500.00 deposit from Defendant Larry R.
Swartz, Plainliff continuously represented to Defendant
Larry R. Swartz that the title of the 1979 International
Transtal" I r tractol WdS merely lost, In fact, Plaintiff
represented thot Pldintiff had requested a replacement
title from the Pennsylvania Department of Transportation
two to thles weeks priur to this agreement being entered
into by Plaintiff and Defendant Larry R. Swartz,
Furthf,r, rlidntiff',,; wife l<rL,t.ine Harrison, a Certified
Notary Public in the ComrnonwBfj1th of Pennsylvania
affirmed Plaintiff Keith Harrison's statement of the
title merely being lost.,
27, The afore said representations were false and fraudulent dnd
Plaintiff made them knowing them to be fdlse, Defenddnt SW8rt~
,did not klNw these r.,pr>'tOUtJT'Ui;JIM:<) be f.1180,
28. Defendant incorporntes 1 throuah ~7 Answer and New Matter.
29. By these fals" "nd fraudulent r.~pr.,~;,"nt8tion Plaintiff induced
Defendant Larry R. Swartz to ~nter the said LontlBct and Defendant
Justifiably relied plaintiff's misruprescntations in So doing. As
approximate result of Plaintiff's false and fraudulent
misrepresentations and Defenddnl, 's Just i f i8ble rel iance 'Jpon S/3me,
Defendant has suffered Jarnd!Je:;; in the amount '~5,500,OO, which
Bmount serves to offset or diminish plaintiff's claim for
recovery.
30. Tho above amount of actual damages suffered by the Defendant are
broken down as follows:
A) $4000.00 spent by Defendant for the hauling of hay from
the village of Goodyear, PA to tho counties of Lancaster
Bnd Chester. These monies would not have had to have
been spont had the PlainUff followed through with his
representation that title Lo the said tractor was
avallabll:J .
B) $1500.00 was expended by Defendant Larry R, Swartz for
hauling behind the International tl'sctor in question.
31. Because Plaintiff so engaged in frrlUdulfJl1t misrepresentations with
regard to this contract, Plaintiff is precluded from unjustly
enriching himself by here seeking performance and/or damages under
the contract, and PlaIntiff's action is barred.
WHEREFORE, Defendant demands that Plaintiff specifically perform his
obligation under the contract. In the slternstive, Defendant prays
that this honorable court award damages in the amount $5500.00 plus
cost and reasonable attorney's fees.
Date:
J~ S~ ~~
_rjO~b([
PBO/lp
pmJ!, OriJdford Orr, Ec';q, , No. 71786
4199 Csr I i:;Jo:, fload
Gardners, PA 17324
(717) 486'"<;1307
Attorney for [)'2fElT,cJant Swartz
Attachment
\~,', I
"
i:'i'
I.'.'
':
:1
'It;''I'
,l,'
1(';
,
"
l!.
'j
,\1:
""
1'1'
','
"
"~I
ql"
"
:',
, ,
" '
',:1.
~,
,
>,
., ,
,
.,
'"
" ,
.,'
,
,
,
'r,.",.
5EP 29
,
I. ,,,"'j:,,.' 'J.,. .,il/_'I.-, I,; '":.'~.,',,,;,~L.,,)j;i,jrl;!A,')! I:; I :.~ ,:
tai.I".1Lwl~:i'...~~r'U~!1~1l~mi;W;~f,'1,,~.~I" \"
14 .' ~lI'MJltillfJ.If.'I,I~l'~tf!"!;i,1"~I.j\r .."
","..'Il''''''''''';''',''r ",,"1
,,,,>.,,, ,.., ,,,....-.~
I 12 PH '911
. I I, ;), flC~
O~ 1..1 ~,:T/lOI.'JTM,r
OJ :,;., .,.\I."hO CI:I'NfV
I ""I'~(lVMI".
"
............,I--....rl.~. ,.,.
,i'
'I
r
.,...y~-'\"~lr'.'~~~~,1t
, , '
,
"
I
.
..
-' ..,~
.
,
fI.
~
..
.
.
-t'
:'
;.' 1Il~~! ;~.
..,
.
';
..
,I.
I,
,,'
,
I
,
r/
\
I
I
,
,
,I.,
'I
"',
,
, ,
",
"
"
I:''''
"
..., .~.~".._. , u
.
, ", ,
-,
J ,'lI
" ," -,
"
.'
"
.'
.
.
".
.
;",,r.'I~~tj""'i""I:""~'.~'.
"~';;y".j,\;' it ;;'~j. ..;~\_~, \ ,"';j ":::'IIJ,,!,~!,.;:~;,\,.,I' If/c_ r~ "
'.\
.v.-I......-.
::'
l,li
1/\'11
! I,.,'
.,',
, '
"
tj I,
.'1 'fI.
" I
"t:! ,
I'
:1 d-
:,
....,
~.. '.!
.
\'" ~.
,l'
,11'
,
""'1/
i
j
1,'1' r
ofthl.avermont.
10. Defendant Fahnestock has infonnation Insufficient to fonn a belief as to the truth
of thl. averment.
11, Defendant Fahnestock has infonnation insufficient to fonn a belief as to the truth
of this averment.
12. Defendant Fahnestock has infonnation insufficient to fonn a belief as to the truth
of this averment.
13, Defendant Fahnestock has infonnation insufficient to fonn a belief as to the truth
of this averment,
14, Defendant Fahnestock has infonnation insufficient to fonn a belief as to the truth
of this averment.
IS. It is admilled that Plaintiff went to Ray's Auto SalvlI!!e on or about July 8, 1994,
Defendant Fahnestock has infonnation insufficient to form a belief as to the truth of the
remainder of this avennent.
16, It is admilled that the Plaintiff allempted to remove his tractor from the place of
business of Ray Fahnestock. Defendant Fahnestock has information insufficient to fonn a belief
as to the truth of the remainder of this averment.
17, Denied that Swartz blocked the tractor with his vehicle, Otherwise admilled.
18. Denied that Swartz made a demand, Otherwise admilled,
19, Denied, Plaintiff had infonnation regarding the storage of the tractor and the fees
charged therefore, Plaintiff has received and continues to receive a benefit from the storage of
the tractor.
3
20. Denied, After the tractor had been on the premises for several months, Defendant
Fahnestock offered to allow the removal of the tractor without payment 50 long as it was
removed paste haste, but the Plaintiff failed to appear to collec:tsame, and instead Plaintiff has
chosen to allow the tractor to remain stored on the premises of Ray Fahnestock,
21. Defendant Fahnestock hss jnformation insufficient to fonn II belief as of the truth
as of this avennenl.
22, Admitted. By way of further answer, if Plaintiff would have paid the just and
reasonable storage fees to Fahnestock, the tractor would have be released without further delay.
23, Defendant Fahnestock has information insuffic:ientto fonn a belief as to the truth
of this averment,
24. Denied, Raymond Fahnestock is entitled be paid for just and reasonable services
and storage fees,
NEW MATTER
25, Plaintiff continues to allow the tractor to remain on fahnestock's property rather
than paying a reasonable sum and removing the tractor; he has therefore failed to mitigate the
very damages he complains of
COUNTERCLAIM
26, The foregoing paragraphs are incorporated herein,
27, The just and reasonable charge for the storage of the tractor trailer from April 22,
1994 until the removal of same is $10,00 per day,
28, Plaintifflmew the terms of the storage and fees, has accepted same, and has
continued to accept the benefit of the storage of the tractor on Ray Fahnestock's premises,
4
29. As of September 28. 1994. Plalntilfis indebted to Ray Fahnestock In the amount
of ONE THOUSAND SIX HUNDRED ($1,600,00) DOLLARS,
30. After repeated demand by Ray Fahnestock, Plsintilfhas refused to pay for same,
WHEREFORE, Ray Fahnestock demands judgment against Keith Harrison in the amount
'of $ 1,600.00, plus ten dollars per day from September 28, 1994, plus costs and statutory interest.
Respectfully submitted,
//'~ //1 '"i7 '-1~;6
mOlld Fahnestock
4 0 South Baltimore Ave.
P. O. Box 17
Mt. Holly Springs, PA 1706S
Defendant
UtMr"lf_ I" Nt
5
"
'].'1:,""
;'-j
.,lu.ii'tlt!\~l'l
,
"
"
,
!.
"
. I
"
OCT J
12 4G PH '9~
, .
:,l""I.IJ! 11";1:
0F ,': . ','",vh(;IAr.Y
(,1;:,' ,11.110 C,11.!111 r
r[I';:Jr~,V'\"A .
"
i
,i
"
,
I
I'
"
",
"
"
, ,
,
"1"\'
'I"
"
, ,
"
'i'j
'I,'
,..-1
,
,
"
, "
,,'
II
'-
I",
'"
,.'
,',
"'-"""'1"
"
,I ~
,~
>r.""
, ,
11II.
-""~'
"
/I
"
.
'1
1'1."."
, 'J''''.'.,-r
rr/"
KEITH HARRISON, an adult
individual,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I NO. 94-4060 civil Term
I
plaintiff
v.
LARRY R. SWARTZ/ an adult
individual,
and
RAY FAHNESTOCK/ an adult
individual, t/d/b/a
RAY'S AUTO SALVAGE,
Defendants
AND NOW comes the Plaintiff / KEITH HARRISON, who makes the
following Reply to New Matter and Answer to Counterclaim of the
Defendant, LARRY R. SWARTZ;
REPLY TO NEW MATTER
25. Admitted.
26. Denie~. So much of Paragraph 26 as avers that plaintiff
advised the Defendant, LARRY R. SWARTZ, that the title to the
vehicle was lost and that Plaintiff had requested a replacement
title is denied. By way of further answer, Plaintiff avers that
the Defendant was simply informed that he, Plaintiff, did not
then possess the certificate of title and that once Plaintiff did
obtain said certificate it would be provided to Defendant.
So much of Paragraph 26 as avers that Plaintiff's spouse
affirmed a claim that the title was lost is denied. By way of
further answer, Plaintiff avers that the document notarized by
Plaintiff's spouse speaks for itself.
~IITH HARRISON, an adult
individual,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
plaintitt
v.
NO. 94-4060 Civil Term
LARRY R. SWARTZ, an adult
individual,
and
RAY FAHNESTOCK, an adult
individual, tldlbla
RAY I S AUTO SALVAGE,
Defendants
CBRTII'ICATI 01' SlaVICI
I, Thomas M. Kutz, Esquire, do hereby certify that a
true and correct copy of Plaintiff's Reply to New Matter and
An.war to Counterclaim by the Defendant, LARRY R. SWARTZ, and
entered to the above captioned matter was sent on ,1:)//3/7''/ ,
r /
1994, to all parties or their counsel of record via first-class
United states mail addressed as follows:
By First Class Mail:
Paul Bradford orr, Esquire
Attorney for Defendant, Larry R. Swartz
4199 Carlisle Road
Gardners, PA 17324
Raymond Fahnestock, Defendant, pro se
420 South Baltimore Ave., P.O. Box 17
Mt. Holly springs, PA 17065
'-.-----
J
219 East MaIn street
Mechanicsburg, PA 17055
(717) 795-9277
date: /o//3/9y
/ /
"
','
" ;j!;
-
'lS:
0.-
~.
N
~
-
~
...
I,;
:>-,.
01.,._.
~~ ,.
,c"
I..l.
~-,,,: '. :'
',". \< r:
"
,.
".}'-
"
"
,
"
'I
,
I
"
'"
"
"
11"11
"
,
"
"
'-'f
"
,
q
,
,
Ii'
, <'
, ,-,
"
I'
i.
"
I,'
'I,
i,
,I'
"
"
I 'j,
"
,'.j
,
.