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Home My WebLink About94-05577 1 \ .~ pI .n ~ U .- J -j 'I 1'; ~ ~ ~\ " t') I ~ I ~ I I I J )1 ('-i ('-J ! (Iii I i I i , ::t- o- / . i 01 '2:..' I , ! ! i I C_WI,"," Of PI....lnVAHIA COUIt Of CClMMOH 'UAJ NOTICE OF APPEAL fROM r; t.:'d~ Q-J9.QL/ of Cumberl~c~~&~&r DISTRICT JUSTICE JUDGMENT COM_'UAlN6 94-5577 Civil Term NOTICE OF APPEAL Notic. i. gi_ thaI the ~I ho. filod in lho above C_I of Convnon Ptoo. on oppooIlrom the judgment rendoted by the Di.trict Ju.tic. on the dolo ond in the COlO __Iionod boIow .diw~ Hlellae1 ""R&o~nY 17 OlY l:~~;:;::~"nh"rgAf,1 S,It, ..CODI HA.NIIOfIAIflIJ..ANT '" B AI'P'U.ANT CI A ~ CV 19 91 QOQ013!i LT 19 ms block wiD boo lignod ONLY when Ihi. nolotion i. required undo< Po. R.cPJP. No. 10088. ms Notice of A,>peaI. when l'O(eiwd by tho Di.triel Juotic.. will operol. os 0 SUPERSEDEAS 10 the judgmont lot po.....ion in !hi. co... Sqlallnl 01 Prothonolaly or Deputy If Ilant CLAIMANT (see Pa. R.C.P.J.P. No. 100 1 (6) in action before Dis/rict Justice. he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (TItIs seetlon 0I1rxm /0 be used ONLY when appellant was DEFENflANT (see Pa. R.C.P.J.P. No. 1001(7) in action belrxe District Jusllce. IF .YOT USED, detach from ccpy 01 notice 01 appeal to be served upon appellee). PRAECIPE, To Prothonololy em... rule upon NIm8 01 8Wf1Ue6(s) . oppoIIoo(.). 10 filo Q complaint in this oppooI (Canvnon PIoos No. ) within twenty (20) day. ofhtr _vie. of rulo at .uffw entry of ~ of non prw. ~oI_or"'_OI__ RULE, To Nsme 01_') . cppelloe(.~ (1) Y.., ore no~fied thaI a rule is hoteby entered upon you 10 file a c~nl in this appoaI within t_ty (20) day. afIoI the dolo of 1OIVic. of thi. rule upon you by penonal .ervic. at by certified at registered maiL (2) W you do nol filo a complain' within lhis ~mo, a JUDOMfNT Of NON PROS W1U BE ENTERED AGAINST YOU. (3) The dote of oervic. of thi. rule ~ ...viet was by mail is the dote of maili~ Date: .19_. sv- 01 "''''''''...., 0I1llI>uI1 ACPC 312-6t COURT FILE TO BE FILED WITH PROTHONOTARY .-IJ~ UD IIJldx. UDt'.'WWOO A~ 1"~1II0 ,0 "IIJ 'P'W 'Ul 'MWp"jW woq. 'JO,eq 1'/:)'110 ,0 'JnI.utJ'S IUIIII' 10 'Jm'U~'S -6L ' ~o Alia SIHJ. 3~ 3l:l0~3a 03all:l:Jsans ONII (03~l:lI~~II) Nl:lOMS '01UlU4 pU4~allv Idla~al V,IUPUUS '1\8W (Pululs,Sal) (p8!1!llU~) Aq 0 a~!^'aS lauoslad Aq 0 -6L ' uo passalppa saM 81nl:l 841 W04M 01 (I)aal\edda U41 uodn leaddlllO U~lIoN a^oqa U4ISuIAuadwo~~a IU\8Idwo:J a al!~ 01 alnl:l a41 pu^'aslla41 la41ml pua 0 '0lala4 pa408118 Id!a~al _,lapuas 'I!aw (palaI8!6al) (pa!l!lJa~) Aq 0 a~!^'aS laUOSlad Aq U 6L' Uo' (aweu) 'aalladda a41 uodn pua 'Olala4 pa4~ull8 Idla~al I,lupua. '1!8W (palaIS,eal) (pall'lJa~) Aq 0 a~I^'aS Iuuoslad Aq 0 '-6L ' (a~IAJeS/O a/ep) uo ulala41 P81uuSIsap a~llsnr PIIISIO a41 uodn ' 'ON suald uowwo:J 'leaddlljO aOlloN a4110 Ado~ a 0 pa^'aS 11841 wlllla 10 leaMS AqaJa4 I :~I^ YOI:l:lY. II ~ .0 AJ.NnOO YINY^1ASNNid ~o H.L'YiMNO"WOO ' (sa.oq e/q.ol/dde ~084:J '/..dde)o aO!lOu 841 /JUlm !i3LJV SA va (011 N31 N/Hl/M 031/d 3f11SntV aowes)o )oOJd 'Nl) .1NIV1dWO::> 311:1 0.1 31m:l aNY 1Y3ddY :10 301~ON :10 3::>IMI3S :10 :lOOYd ,-,., , ._<-..'_...., -.:p .e. {" en -~ <t ~ .J ~\ IL (?:> = \ ..J '. ':.... 1,1 0 U1 0 r:::I- ' ..., ; I~ fll \[) 00 ~:!.- -<< '" .:....., \0 ~ :;, -:r (l( 3 I c-, ,,<< l;l .'".J -:f\ 11 ,,- ..... J cL, <n NOTICE Of APPEAL r, led: Cf-;;q. q~ C_WIALTH 01 'INNIYLYANIA -~--_._--_.__._-_.~_.- .- coon <), COMMON 'L1AI fROM ot CUAlberl'lJll?c'A<rb\"~~l DISTRICT JUSTICE JUDGMENT COMMON'L1AIN.. 94-5577 Civil Term Noliee i. gi_ that lhe appellant ha. filed in the above CaUlI af Cammon Plea. an appeallrom the judgment ro..Jerod by the Di.tricl J",tice an the date and in the COM ".,tioned bekN< NOTICE OF APPEAL .A~~.M!AI1 Mielw* at1 L::1Na 01 ""'" 01 ., Jl9.:.1",02 (~hlll..nhArg..&~ "!IAr- 001 ~ Of' Uf'tUANT -~~Nrn" aJ.T2-Q4 129.1~.!l~'3lPf I AI rl Nathanie H PI 110fil1 IDe/llWIraIt} e service CV 19 04 QQQQ139 .. . ...., \ .. LT 19 TN. block will be.signed ONlY when IhiJ oolotion is ~quireq un<\e!.Pa. R.cPJP. N<> 10088. . TN. Notice af Appeal. when ,..ceived by the Di.trict Ju.tice. will aperote a. a SUPERSEDEAS to lhe judgmenl lot po"e..ion in this ca.e. /I /lant CLAIMANT (SOO Pa. HC.P.J.P. No. 1001 (6) in 'actlon befOfB DistricfJustlce, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signa/UfO 01 Pro/hOno/illY 01 Dapufy -' PRAECIPE l'0 ENTER RULE TO FILE COMPLAINT ANDRU~ TO FILE . .~ " (This see/Ion of Iom1 to be used ONLY when appel/ant was DEFENDANT (see Pa. R.c.P.JP. No. l001(7) in action before Dj;;~/ct Jus/Ice. IF NOT USED, detach lrom c~y 01 notice 01 appeal to be sef\<ed upon appel/ee}. PRAECIPE, To Prothonotary Enter rule upon Mmo 01 awo11OO(.s' ) within twenly (20) day. after ,. .. . appell.".t.):,1o ~te 0 complciint In . \, . ," . ..' "" 1 ... , ' '" ~ fI ~ - . f vic.. of rule:.ar'luffer ",,1r)I of j~ 1 . 'i.. ....,. i,'~.C-','r"""~ ~H appeal (Cammon Pleas No. , \ non pros. '< \ " SqlJI/lIO 01 """""'" at his .- at__ RULE, To . appelle..(.). r-- ~'-.. ~'~ Nwno rJ -",,<<'I }. ,- . --. r::\.l i ' ' . <. .... , __ I '.' ,'..,1-" ';."{,_jJ (1) You "'" notified thai 0 rule i. hereby enleled upon yau to file a complainl in thi. a~ within twen!y (:lOtday.'olter n..,Clgte service of this ru~ upon you by perlOOOl service or by certified or registered mail -'--.....--~:.... ':"':.'.r~.r. rw -- (2) " you da nol file a complainl within thi. time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date al --":e af lhis rule ~ ...vice we. by mail i. the date af mailing. Dote: ,19_. SIgVfIInI rJ A.A~"'f at IlopuIy I I \ '. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Th,' proOI 01 'elV,ce MUS T BE FILED WITNlN TEN (10) DA YS AFTER I,IIng Ihe no/lce 01 appeel, Check eppllcable bou,) COUNTY OF COMMONWEALTH OF peNNSYLVANIA tJu,., d ~1f.,U#T) ; I' AFFIDAVIT: I Mreby swear or alfirm Ihat I served <JIJ- ~r77 Cu.1 r".. ~a copy o/Ihe Nollce of ~peal, Common Pleas No , upon the Dlslrlct Justice designated Ihereln on (daleol.ervice) $H, )1> ,19..1.'t-, 0 by personal service ,g by ert'f1ed 'eglslered)mail,.ender'. recelptaltached herelo, a,d upon the appellee, (name) d4If..o.cor.J n..,. j $ " on $~""" lo , 19.1i-o by personal serVice l1H>y ~(reglslered) mail, sender's receiptaltachad hereto. o and further Ihatl served Ihe Rule 10 File a Complaint accompanYing Ihe above Noliceo' Appeal upon th.appellee{.) 10 whom 1M Rule was addressed on _, 19~ 0 by personalse,vice 0 by (certified) (registered) mall. sender's receIpt attached herelo ~ t t/f/- II SlgnltlJl' 01 .Want SWORN ~FFIRMED) AND SUBSCRIBED BEFORE ME THIS DA F r, 19.2f"' . J .-"' ,~. = M .... l.J H01Al1I.lL ~t""1 pulllC MI)UIlC~ \. Hll6r\llIlliuoMO CQUlll'l ~UIQllll,~__v",- lIf mwMlS1IIlII-- ,"i::' ., .__:: .0- -,. :..t:; "-' ,,~ '" -'" ::&: J.i, >., .,_.'.-.. ..-...... -." ..._...... . c..a J:- " i 'f''',. " " ,cd 1 -'. \ ~t ."f! ).,j <o"-i/l . .... -,' 'H .,',en r....-. COMMONWEALTH OF PENNSYLVANIA CIVIL COMPLAINT Mauls1oJ1;11 OISlfld NU1111ltlt 01) - )- OJ Nllmu Hon Helen n. Shu lonbcryor Addr... -'7 W III S - A ... . 9 prulCJ vonue Newville, PA 1724l () ~~ PLAINTIFF: NilllUt AdtlrC'HI Ntlthaniel Nichdcl H. D. l, Dox 329C Now Illuumficld, PA 17068 ] T.if!pho<'" No 17171 776-) 187 COMPlAINT NUMBER CV-J ~;,,;..c!"1 DATE FILED' 08-11-94 DEFENDANTtS): vs. FlUNG COSTS $ SERVICE COSTS $ JCP $ AMOUNT 41. 50 1.5(9 DATE PAID D-1 Namo Addn.168 [). 2 Nome Addru65 Dd~rick's Tire Service Harry Barrick, Ownor 455 Center Road Newvillo, PA 17241 TOTAL $ 48.00 08-11-94 TO THE DEFENDANT: $1,054.06 48.00 1,102.06 The above named plalnllll(s) ask, judgmenl eguln,t you lor $ 1.054.06 lagether with ca,t, upon the 101lowll1\l claim (Civil Fin.' mUBt Includ. cltallon 01 the ,tatule or onllnence violated): Plaintiff is seeking amount for the reimbursement of 2 Aluminum (6 hole) whee1e, 2 steel wheels, and 2 42 K 15 x 15 Super Swamper tires. AlSQ for changing KkKKIKX tires from one set of wheels to another set. Charge for wheels is tires Charged for changing $322.00 710.86 21.20 I. Nathaniel Michael verily Ihatthe lacI, ,.t forth in 1m complaint are true and correct to the besl of my knowkldge, information, and bollef. This statement is made subject 10 the penal'leB of SectJcn 1004 ollila CrImes Code t 16 Po. CSA ~ 4004) related 10 unsworn IBl6illc.tlon to BUttootle.. .ft;;tb...J /, ;fI~'-P ISigneltJre 01 Ptainlllf or Auihor1zed Agent) PlaIntiff's AnDmlY hldnll.D: TeIephoroe: HEARING IS SCHEDULED BY OISTl1ICT JUSTICE AS FOLLOWS: '7 W JHg c:.prin'1l\"onno.. t.1Qt.npi110, nll. 1"1'..1.1 Locetlon Qqntn_kop 2. 1~94 111~Q am - Dula T1mo IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. IF YOU HAVE A CLAIM "gainst the plaintJlf which is wllhin district jusllca jurisdiction and which you Intand to aasarl at tI1e hearing, you must file it on a complaint form at this office at lcust five (5) days tJoforo tho dato sot for the hearing. If you haw a claim against the plaintiff which is nol within district justice jurisdiction, you may request information front this office 8J to the procedures you may follow. 01 02 ~ 0 flf'qjsh~u:d/Ct'fllhl'd Milll Service 01 Process Dl 02 Dl 02 [] [] Prool 01 St'r""l!;l! Attached [] [] Not 5l.'p"..-?d [) Dl fJ;llu St'r',,~l U DI rll',lS(}ll II O~) Doll! '.'f\l.-d --- ------~- -- Ii OJ nl'.l~'lIl Dl D,' rJ {J fldurtle(j R"Cl'fpt A!t;tdlt'<.J .___~_____________.____._...,__.._.___._____~_._ __ ~."_.~_. m_.._....... _ ._ ..~_~______~._._____. AOPC JUil.!JU :jl~;IHlCr _JL:~~IIC['I\~nr~1/~i'JLi~i l~CP'r' .' .. " ;; ,~. ,'. ~~-, , .".! : ~..': Ie,) j;'l~ -1 ...."'..'.,r....1.. 1:.. ~,~ '{ <&J -;;l.,.'i 't. . i.' ;' !!' ,;.:"'I',',r ~. ".'!' ii,,! r,il: : ; " ~ j ", .#..0.."--. , , PArF BY WlIOM NOW/LO t "'l!'fI'i"";~'f)'Jtl",'t\ Q I ~ 13 ~ lM.;.i/,k.LN....,__~.... ,....-_..--..,-._-'~.... ... j _ . _ (!I'y,,-r!l,:.h:(', q... ._. .,. DEFENDANT 2 (0-2) [j l-'I;lIntltl ';') fic:,!.ll!!! \DATCl OlsposmON J 0 Plt!!I)!lff Ifl~Jnj(.') -_._..______ -- - --------.~-.-_.- JuJl"\;:J!! fur \ LJ l)ef(~I'{klllt (llillllO) .___.__,________...._~~____ [I [},.!, j~jlfil mll'nd,; In dtdt'l\,_! (Dt\fEI__ u HI'ill!!") ;;".!'~ f\j'~d 011 ([l!\IT \ _""_n_.-_ ~_.__..._......~-_._._._._--~ Amount S :5 S $ ...... _.......l59.:_._. D,Ji 'nd,~i!:l '-'PI'.:.lf'.;(j ;tl 111:an~'U L1 PI';-!!",I.t)I,'d 1:'/ Costs ,. JCP TOTAL [J Cd..!;,!.tI'!lihll\i,;! .1IlH'~lr [I Plliitllilf did not <.11"1:'..','11 ,11;(lr;/li!'fll t'll!"f!'.!! Ijl\ (DArE) ___.n______~_____~____.. Nnlir:l! (if ludiJ!l1!,'111 '-jI'if:'n tJll jDAf[)_..____~~__ ,] Oi<!f1I>-;'.,,:tl WI!!:I,Ij! ~\H~jlj(!iu: il);\TF) ___.~___-.~_ [1 fr;ll\~;fI:rf\Jd hI !D^IEi ~____~_______._._~_______~__ !l ContlnuT'd 10 iD.^Tf .1. TIME)' ____'_"_"'_._." .___.__.____~__._ [] f:,;t 11, I"".,cl\l(,d Fit:ll\;,)I}.;''; [J .)""';I'\(I! ."<1."",,, ,L.,,," d [') t'i!jl\~u of ccnt!l\\I,i!H.;\:' f.liV(~n un lDAfC) 1'1 Sdl!"f.J (DArCJ "_HC~_";~__:-"4_ j-ii\!'iJ Oljl:']::;!!I'.,,) ~. t ~d( LV IV\l[ b'" WI1(.J~.,1 nUT1FIED _.__.__,P'~!~~!~!..~?!i~~___._____ . "I i\l\I\RY or 'ITSTI\10'Y: , Ii ;Co (: ~;H/.~ j '-,;j U: (- ':'f. :, "" ... 0-". '. ..'; ~, \ ... , j;-' -~ -~:l L f;, .' ;, :~'-.':"l-t ' ;'.,; r ,1 t 1 ! .--j ":I" en . .. ...; >, ~ ..... .-1 - L> = '" - . forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se detiende, La corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualguier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGAOO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUYA OIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR OONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Fourth Floor, Cumberland County Courthouse carlisle, PA 17013 (717) 240-6200 Mic~~a~~~ire Attorney 10 No. 57976 11 West Pomfret Street, suite 2 Carlisle, PA 17013 (717)249-5373 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COV~TY, PENNSYLVANIA NATHANIEL MICHAEL, plaintiff CIVIL ACTION--LAW NO. 94-5577 CIVIL TERM v. HARRY BARRICK t/d/b/a BARRICK'S TIRE SERVICE, Defendant COMPLAINT AND NOW, this 18th day of october, 1994, comes Plaintiff, Nathaniel Michael, by and through his attorney, Michael J. Hanft, Esquire, and files the following Complaint and in support thereof avers as follows: 1. plaintiff is Nathaniel Michael, an adult individual residing at R.D. 1, Box 329C, New Bloomfield, Perry County, Pennsylvania. 2. Defendant is Harry Barrick, trading and doing business as Barrick's Tire Service, with a principal place of business located at 455 Center Road, Newville, PA 17241, Cumberland County, Pennsylvania. 3. At all times relative hereto, Defendant was engaged in the business of repairing automobile and truck tires left in his care and custody. 4. certain and two At all times relative hereto, plaintiff was the owner of "Super Swamper" truck tires and tire rims (two aluminum metal) left in the custody and control of Defendant. COUNT I: BREACH OF CONTRACT 5. Paragraphs One through Four above are incorporated by reference as though they were fully set forth herein. 6. On or about July 26, 1994, plaintiff and Defendant entered into an oral contract whereby Defendant agreed to remove the "Super Swamper" tires from Plaintiff's aluminum tire rims and place the tires onto Plaintiff's metal tire rims, which Plaintitf left in the care and control of Defendant. 7. Plaintiff left his "Super Swamper" truck tires and all four tire rims in Defendant's care, custody and control with the understanding that Defendant would change the tires from the aluminum rims to the metal rims and that Plaintiff's tires and rims would be returned by Defendant to Plaintiff in good condition the following day. 8. When Plaintiff returned the next day to retrieve his tires and rims from Defendant, Plaintiff paid Defendant's $21.20 invoice for labor and was told to go to the tire barn behind Defendant's office to get his tires and rims. 9. After Plaintiff paid Defendant, Plaintiff went to Defendant's tire barn to retrieve his tires. However, Plaintiff's tires and rims were not in the tire barn. 10. Defendant could not locate Plaintiff's tires and rims and to this day has not returned same to Plaintiff, despite Plaintiff's request that the tires and rims be returned. 11. As a result of Defendant's failure to taka care of Plaintiff's tires and rims, while said items were in Defendant's custody and control, Plaintiff has suffered losses of ONE THOUSAND FORTY THREE AND 20/100 ($1,043.20) DOLLARS, which amount is computed as follows: a. $ 21.20--the amount Plaintiff paid Defendant for labor; b. $ 192.00--two aluminum truck tire rims at $96.00 each; c. $ 120.00--two metal truck tire rims at $60.00 each; and d. $ 710.00--two "Super Swamper" truck tires at $355.00 each. WHERFORE, Plaintiff demands judgment against Defendant in the amount of ONE THOUSAND FORTY THREE AND 20/110 ($1,043.20) DOLLARS, plus costs and interest from July 26, 1994. COUNT II: Breach of Bailment Contract 12. Paragraphs One through Eleven above are incorporated by reference as though the same were fully set forth herein. 13. The aforesaid acceptance by Defendant of Plaintiff's "super Swamper" truck tires and rims constituted a bailment. 14. Detendant is liable to Plaintiff for the aforesaid Super swamper tires and the tire rims, while said items were in Detendant's possession, custody and control. 15. As a result of Defendant's failure to take care of Plaintiff's tires and rims, while said items were in Defendant's custody and control, Plaintiff has suffered losses of ONE THOUSAND FORTY THREE AND 20/100 ($1,043.20) DOLLARS, which amount is computed as follows: a. $ 21.20--the amount Plaintiff paid Defendant for labor; b. $ 192.00--tWQ aluminum truck tire rims at $96.00 each; c. $ 120.00--two metal truck tire rims at $60.00 each; and d. $ 710.00--two "Super Swamper" truck tires at $355.00 each. WHERFORE, Plaintiff demands judgment against Defendant in the amount of ONE THOUSAND FORTY THREE AND 20/110 ($1,043.20) DOLLARS, plus costs and interest from July 26, 1994. COUNT III: Negligence 16. Paragraphs One through Fifteen above are incorporated by reference as though the same were fully set forth herein. 17. Defendant ~wed a duty to Plaintiff to properly care for Plaintiff's tires and tire rims, which items were in Defendant's possession, custody and control. 18. Defendant breached his duty to Plaintiff by negligently failing to care for Plaintiff's tires and tire rims in that Defendant failed to adequately secure said items while they were in his possession. 19. Defendant is liable to Plaintiff for the loss of Plaintiff's tires and tire rims as described above. 20. As a result of Defendant's negligence in failing to take care of Plaintiff's tires and rims, while said items were in Defendant's custody and control, Plaintiff has suffered losses of ONE THOUSAND FORTY THREE AND 20/100 ($1,043.20) DOLLARS, which amount is computed as follows: a. $ 21.20--the amount Plaintiff paid Defendant for labor; b. $ 192.00--two aluminum truck tire rims at $96.00 each; c. $ 120.00--two metal truck tire rims at $60.00 each; and d. $ 710.00--two "Super Swamper" truck tires at $355.00 each. WHERFORE, Plaintiff demands judgment against Defendant in the amount of ONE THOUSAND FORTY THREE AND 20/110 ($1,043.20) DOLLARS, plus costs and interest from July 26, 1994. Respectfully submitted, ~J:,lftre Attorney ID No. 57976 11 West Pomfret Street, Suite 2 Carlisle, PA 17013 (717)249-5373 Attorney for Plaintiff VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalities of 18 Pa. Section 4904 relating to unsworn falsification to authorities. 1f;;tt;:J t M~ CIRTIWICATI OW SIRVICI AND NOW, this 18th day of October, 1994, I, Michael J. Hanft, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing document, by depositing s~me in the united states Certified Mail, Return Receipt Requested, First Class, postage Prepaid, addressed as follows: Harry Barrick Barrick'S Tire Service 455 Center Road Newville, PA 17241 Ml~j tIIi. Attorney ID No. 57976 11 West Pomfret street, suite 2 Carlisle, PA 17013 (717) 249-5373 Attorney for Piaintiff -:7" CT'J ~ " :r: ";"4 ~ 01 ~l .'q ..,'\ .... <. <;;) NA TBANIEL MICHAEL, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNlY, PENNSYLVANIA V. CIVIL ACfION . LAW HARRY BARRICK tld/b/a BARRICK'S TIRE SERVICE, DEFENDANT NO. 94-5577 CIVIL TERM ti9TICE TO fLEAD TO: NA~L~CHAEL YOU ARE HEREBY NOTIFIED that you must responsively plead to the within New Mauer and Counterclaim pursuant to Pa. R.C.P. 2252 (d) within twenty (20) days after service, or a default judgment may be entered against you. GHT & HUGHES / ,.,-,'-' / ' . r/' ~.,."..;/l /,,' ~', By: ' //)" J"es/ . ugbes, Esquire ugrney 1.0. No: 58884 \Vest Pomfret Street arlisle, Pennsylvania 17013 (717) 249-2353 Auorney for defendant, Harry Barrick tldIb/a BAroUC~STmESER~CE --- V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CML ACfION - LAW NATHANIEL MICHAEL, PLAINTIFF HARRY BARRICK tld/b/. BARRICK'S TIRE SERVICE, DEFENDANT NO. 94-5577 CIVIL TERM . . DEFENDANT HARRY BARRICK tldlbl. BARRICK'S TIRE SERVICE'S ANSWER WITH NEW MA TIER AND NOW COMES the defendant, HARRY BARRiCK tldlbl. BARRICK'S TIRE SERVICE, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Answer to the Complaint of the plaintiff, Nathaniel Michael, hereby averring as follows: 1. Admitted upon infonnation and belief. 2. Admitted upon information and belief. 3. Admitted in part and denied in part. It is admitted that at all times relative to this lawsuit, defendant was engaged generally in the business of repairing automobile and truck tires. However, any and all inference with regard to averment three (3) indicating the defendant's responsibility and/or liability for any automobile or truck tires left in his care and C\lstody are hereby specifically denied. tires and rims in question, therefore that portion of the avennent is denied and proof thereof is demanded at trial. 10. After reasonable investigation, defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennent and therefore this avennent is denied and proof thereof is demanded at trial. 11. The avennents of paragraph eleven (11) are conclusions of law to "Nhich no responsive pleading is required. COUNT U: BREACH OF BAILMENT CONTRACf 12. The answers to paragraphs one (1) through eleven (11) are incorporated herein by this reference as though the same were set forth more fully below. 13. The avennents of paragraph thirteen (13) are conclusions of law to which no responsive pleading is required. 14. The avennents of paragraph fourteen (14) are conclusions of law to which no responsive pleading is required. IS. The avennents of paragraph fifteen (IS) are conclusions of law to which no responsive pleading is required. COUNT m: NEGLIGENCE 16. The answers to paragraphs one (1) through fifteen (15) are incorporated herein by this reference '1S thou(Jh the same were set forth more fully below. 17. The averments of paragraph seventeen (17) are conclusions of law to which no responsive pleading is required. 18. The averments of paragraph eighteen (18) are conclusions of law to which no responsive pleading is required. 19. The averments of paragraph nineteen (19) are conclusions of law to which no responsive pleading is required. 20. The averments of paragraph twenty (20) are conclusions of law to which no responsive pleading is required. WHEREFORE, defendant HARRY BARRICK t/dlb/a BARRICK'S TIRE SERVICE, prays that judgment be entered in his favor and against the plaintiff together with costs, including reasonable attorneys' fees, and such other further relief as this Court shall deem just and proper. NEWMATIER 21. The Complaint fails to state a claim against the defendant upon which relief may be granted. 22. Plaintiffs claims are barred in whole or in pan pursuant to the doctrine of assumption of risk. 23. Plaintiffs claims are barred in whole or in pan by the doctrine of contributory negligence. 24. Upon defendant learning that the automobile and/or truck tires and rims which were allegedly owned by plaintiff were not on defendant's premises, defendant ir.unediately called the Pennsylvania State Police to investigate over the objections of the plaintiff. 25. The plaintiff told the defendant that if the defendant would pay the plaintiff ~e value of the tires and rims in question that the State Police would not be needed to investigate. 26. The defendant insisted that the State Police be called immediately and the defendant unilaterally called the Pennsylvania State Police to investigate. 27. The plaintiff left the defendant's property prior to the arrival of the Pennsylvania State Police and the commencement of their investigation. 28. The plaintiff never notified the defendant of his intent to purchase any new tires or rims to replace those which he allegedly had owned previously and brought to the defendant's premises. WHEREFORE, defendant, HARRY BARRICK tJd/b/a BARRICK'S TIRE SERVICE, prays that judgment be entered in his favor and against plaintiff, together with costs, including reasonable attorneys' fees, and such other relief which this Court shall deem just and proper. COUJ"ITERCLAIM 29. Upon reasonable investigation, defendant believes that plaintiff does in fact know the whereabouts of the tires and rims in question and has failed to notify the proper authorities of their location. 30. In order to defend this lawsuit, it is necessary that defendant incur certain costs, including reasonable attorneys' fees. WHEREFORE, defendant HARRY BARRICK tJdlb/a BARRICK'S TIRE SERVICE, prays that judgment be entered in his favor and against plaintiff concerning plaintifl's Complaint, together with any and all costs including reasonable attorneys' fees incurred by defendant, and such other relief lIS this Court shall deem just and proper. f.Mll:.1CA. TION Thll foregoing document is based upon infonnation which has been gathered from the defendant, HARRY BARRICK tldJb/a BARR!CK'S TIRE SERVICE, in the preparation of the defense of this lawsuit. The language of this document may in part be the language of counsel and not that of the defendant. To the extent that the pleading is bll3ed upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The defendant is presently out of the jurisdiction of the court, and the verification of the herein named defendant cannot be obtained within the time allowed for filing of the pleading. The undersigned is verifying on behalf of the defendant according to 42 Pa.C.SA ~ l024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.SA Section 4904, relating to unswom falsification to authorities. Date: DecemberG 1994 ,;:;b ~//{ 'ES D. HUGHES, ESQUIRE ~;