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Home My WebLink About95-07176 . " . ~. ~ '~< .01 " , I " :::A.' ~ r' (..f J OJ ::t . -I ,... --' J s ~ J , <'liol.~ "..:.'-"':'t ~ r - r -'J-" .' , \ ",. . " (This section 01 lonn to be used ONLY when appellant was DEFENDANT I see Pa, RCP.J,P. No, '00 1 I 7) in action belore District Justice, IF NOT USED, detach lrom Cq:lY 01 notice 01 appeal 10 be setYed upon appellee), PRAECIPEI To Prothonotary Ento",,1e upon I< IJ r (' n 11.6, Ea.rlv """"'01_51 I . oppel1ee(.). to liIo a complainl in this appeal , . C__IAL'" O' PIHNITLYANIA COU.' Of C_N ,LIA. NOTICE Of APPEAL fROM JUDICIAL DlI'.leT DISTRICT JUSTICE JUDGMENT COMMONPLIA.N. 95-7176 Civil 'l'em NOTICE OF APPEAL Nolie. i. giwn tho! tho appellant he. filed in the abcwe Court of C"""""" Plea. an appeal lrom the judgmenl ,ondered by lhe Di.lricl .Mlicl an the ~-r.~ ~. ~:;~~~ ).00 linlon lIill Pod. /)v.nCClnnC/1 .., 95' 1/,8. Carl CV 19. LT 19 Thi. block win be signed ONLY when this notation i. requir.d under Po. R.cP JP. No. 10088. Thi. Notic. of Appeal. when receivod by the Di.I,ict N.lic., will operato a. a SUPERSEDEAS ta lhe judgment fOl po....1lon in thi. ca.o. I P;~~;,t"'V~J M a.n/D Yt. , An IPCODI flV- '70;'() I , (' E' [;Onna. /If c.. e , i) Sigootum 01 ProlhonoliJIY 01 Deputy If appel/ant was CLAtMANT (see Pa. R.c.P.J.P. No. 1001 (6) In action belate Dislrlct Justice, he MUST FILE A COMPLAINT within twenty (20) days alte, liling his NOTICE 01 APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Convnon Plea. No. 95-7176 Civil Term RULEI To "'111'(' n II. 8, NImo 01_5/ E (l, r 'l-- . appeIIeo{.). 1 within twenty (20) day. after ...vic. of rulo 01 .ulfer entry 01 judgment of non pn>~ ~ blfJt;:-.- (1) You ant noli.fied thot 0 rule i. hereby entered upon you 10 file 0 complaint in thi. appeal within lwenty (201 day. olt... the dale 01 servico 01 this rule upon you by pononoI ..,.,ico 01 by certified 01 regi.tered moot (2) H you do not file a comploint within this limo. a JUDGMENT OF NON PROS W1U BE ENTERED AGAINST YOU. (31 The dote of servico of this rule K _vice woo by mc~ i. the dote 01 m001i"9- December 18,119-2..5. '1(?r''CL ./('. ~J'?" !q-AOItoOo_,"OfJpvfy Date: /tOI'C311.&4 COURT Fll.E TO BE FILED 'II!: H PROTHONOT ARY ~ .:l' [;; ~ In . .. ::;~ ~~ ~~ s g') ~\ ::t: )~... ...: :1. 'Or') 0'" ~fi? _..,..1 CO .'.rn ~'a 't~ -, 'ffi~ u:t.lf L:- IZ " r= 11.1 hliJ t::J t:~ a.. ~") \, .~ ' > "\ '\; LJ. In :'5 0 en (..) '-61' UO I8Jldw& UO'"IWWO)..<V'4 '.':111I010 "WJ ',j \ ", \ "p.w U'4lIl Jrup'll. UJOlJAIt 810180 /"':"110 10 .1"'.I.I~'S IUP'JlI110 smllutJlS -61 . ~O A'IO SIHl 3~ 3ll0J38 038i~~S8nS ON'I (03~~I~~'I) N~OMS OlaJiH~ pmpOllv Idj9:>9J S,Japuas 'pew (piuaISlfi.u) (palmi,):)) ,.{q 0 O:)!^JQS IUUOsJad ,(q 0 -6' . uo pass.uppu SUM ijl"tJ 941 I.U04MOl h,03110dde aLII uodn Il?sddV IOO:JHON O^oqc 0416u,.<uudwOJ:)l! IUICldlUO:) 1! oJlj 01 tllnU ;)41 PO^JOs IIIH~I 1041101 pun 0 olal94 paqJl!lIe ldl9JiH s,Japuas 'pow (PiU<)ISI5oJ) (piJll!JJO:>) Aq 0 OJ!^J9S 111uOSJOld .c;q O-Sl . uO' (flW8U) '0911addu 841 uodn PUB '010JS4 pa40Blte IdIQ:)OJ S,HJpUaS 'I1l?W (paJ9ISt69J) {paHllAs:>}.Aq 0 9J!^HJS ll?uOSJod,{q 0 t-6l . (fJ~)lM8S JO 9'f!p} uo u,a'Oul powu51sap a,"sl1r 1'"15!O aul uodl1 . oN',s.ald uowwo~ 'I..dd'l 10 BOIION .ulIO ~do' " 0 " pO^,a5I I.ul WJlU. JO JeaMS ~qOJOu I :.LI^"OI:t::l" ~. , ..~ ~O AlNnO::l \. . . VINV^'ASNN3d ~O Hl1V3MNOI'II'IO::l , (..xoq o/q.OIldde ~o.u=> :/oodd. io OOlIOU .ul '/;~,,'i !Jil1i\f SA ito 1'0,) N31 N/Hl/M anti 3f11Snw .01"0' /o"/ooJd $Iul J 1NI"'dWO::f311::l 01 3,nlf ON"""3dd" :to 30110N :to 301^lf3S :to :tOOlfd ~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND JMg DIl No. 09-1-02 OJ NIIM lton ROBERT V. MANLOVE ....- 1901 STATE STREET CAMP HILL, PA '_(717) 761-0583 17011-0000 DONNA HEFENFINGER 200 LINTON HILL RD. DUNCANNON, PA 17020 THIS IS TO NOTIFY YOU THAT: JUClgment: . I!l Judgment was entered lor: (Name) 00 Judgment was entered against: (Name) NOTICE OF JUDGMENTfTRANSCRIPT PLAINTIFF: NA>>E'" AOOIlEOO ~ARLY, KAREN H.B, 4141 MOUNTAIN VIEW RD. MECHANICSBURG, PA 17055-7626 L .., .J YS. DEFENDANT: NA>>E'" AllOOf" ~EFENFINGER, DONNA, ET AL. 200 LINTON HILL RD. DUNCANNON, PA 17020 L Docket No.: CY-0000422-95 Date Filed: 9/22/95 .., ..J . FOR PLAINTIFF EARLY, KAREN H,B. HEFENFINGER, DOUGLAS D This case dismissed without preJudice. D Possession granted. D Possession granted W money judgment Is not satisfied withIn thirty days. D Possession not granted. D Levy is stayed lor _ days or D generally stayed. o Objoctlon to 11I''Y has baan lIIed end heerlng will be held: . Date: Place: In the amount 01 $ 556.00 on: D Damages will be assessed on: Time: (Date) 11/21/95 (Dale & Time) Amount 01 Judgment Judgment Costs Interest on Judgment Attorney Fees $500.00 $56.00 $.00 $.00 $556.00 TOTAL F THE DATE OF JUDGMENT BY FlUNG A NOTICE OURT OF COMMON PLEAS, CNtI.lDlVr,l)ON. ..~,\\' 'j J'I..~ . .;-' ..~ DlstrlctJusil4!! ~'.,:-' . .,.... ,.~. e cord oflhe proceedings contalrllng the Judgment. 'i ". :,,: : , District J!l,stlce : My commission expires first Monday of January, 2000. AOPC 315,95 SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND """"'... , ... ..-.... ... NOTICE OF JUDGMENTfTRANSCRIPT . ~LAINTIFF: ..........AOOnE~ EARLY, KAREN H.B., I 4141 MOUNTAIN VIEW RD~ MECHANICSBURG, PA 17055-7626 L ~ DEFENDANT: r- NAME Met ADOREOQ . 'HEFENFINGER, DONNA, ET AL. 200 LINTON HILL RD. DUNCANNON, PA 17020 L Docket No.: CV-0000422-95 Date Flied: 9/22/95 09-1-02 OJ NMII' "on ROBERT V. MANLOVE ~, 1901 STATE STREET CAMP HILL, PA t-'-. ~" ," ..... , VS. . ~.. T~,nI7) 761-0583 17011-0000 DOUGLAS HEFENFINGER 200 LINTON HILL RD. DUNCANNON, PA 17020 THIS IS TO NOTIFY YOU THAT: Judgment: I!I Judgment was entered lor: (Name) I!I Judgment was entered against: (Name) .FOR PLAINTIFF. EARLY. KAREN H.B. HEFENFINGER. DONNA In the amount 01 $ 556.00 on: (Date) 11/21/95 D pamages will be assessed on: ,". .' 0' ..' .J I.J-, (Date & Time) '. I ". ~ '.. ,0. . . . Amount 01 ,Judgment Judgment Costs Interest on Judgment Attorney Fees '. D this case dismissed without preJudice.' " ,. '. ",; D Possession granted. D Possession granted n money judgment Is not satisfied wlthln thirty days. D Possession not granted. D Levy Is stayed for _ days or D generally stayed. D Objection to IlIVy has been flied arid hearing will be held: Date: Place: TOTAL Time: I . -..".. --::,:",. .' $5'00.,00 '$56.00 $~OO $.00 $556.00 . ......... YS OF THE DATE OF JUDGMENT BY FlUNG A NonCE 'THE COURT OF COMMON PLEAS, CIVIL DIVISION. ,. .' -::. -'," . District Justice . ecord or the proceedings conlalnlng~he jU,d,gment. : . ,i# . '&o,~&. .,..., ....DI~rl~J~ce , ~ , My commission expires first Monday of January, 2000. SEAL AOPC 315-g, NOTICI 0' APPIAL -, '. C_NWIAlT" O' PlHN.nVANIA COllI. or C_ '1IA. ftlOM IIIDtCIAL DlITller DISTRICT JUSTICI JUDOMINT COMMON~AIN. 95-7176 civil TeDm NOTICE OF APPEAL Notice 10 gI-. thai Iho appell..., hao liIod In IIw abavo Court of Common Plea. on oppeoI from IIw judgmon' rendored by tho Di.t,1cl Mtlce an IIw dale and In IIw <me "*.'I..oed '*- . ).(0{-' fa." f, L ilrlCI fJllrL flj. Pori . fI.l, br d ~, v t. II ' 'I 1/ ),1 , /I,({ 0'/1 H. /3. !Jell. ~ /.005' [ . E' Co. cv 19. ooef' If).;). - qt;" 11r'll/n'l /II: d,. (: ,It 1/ Oli) IT 19 . I I This black Wll be Iigned ONly..... thI. notation i. NqUired under Po. R.cPJP. No. If appellant was CLAIMANT (soo Pa. R.c.P.J.P. No. l00S&. This Notice of Appeal...... receivod by tho Di.trIct Mtlco, WIll Ofl'II"te '" 0 1001(6) In action befote DIstrlctJusllce,heMUST SUPERsmEAS to IIw Judsn-t for poueuIan In this co... FILE A COMPlAINT within twenty (20) days siler . . filing his NOTICE of APPEAL. . PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE.TO FILE (This section of Ionn /0 be used ONLY when awellan! was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7] In action belote DlsI1fcl Jusllee. IF NOT USED, detach /rom cql)' of noI/ce of appeal /0 be served LflOO appellee]. ,'. PRAECIPE, To ""'thonolory Enter rule upon /t.1I. r f' n ....... . ': , ,~ . .~ pi P/tllI!Otl</lWY, or Oe/lUty , RULE, To /I,() r.f n II. 8. . _dlJJll/lOO/'/ I/.e. fa.rfV _d~'/ I 95-7176 Civil Term ) within t-my (201 day. ofter ..nice of rUle or .uffer entry of Judsn-t of non pros. Ql7I#;~'- , oppII..(.). to file 0 ~int in thI. oppeoI (Convnon P1eoI No. ErLrlv / . DFPI'I'(I~ P).You ore notified thai 0 rule Is hoIeby entored upon you to tile a complaint In this oppeoI within twenty (201 day. ofter IIw date of IIIYice of this rule upon you by pononollllYice or by cortified 01 registored mail. '... (2) lfyOtl.dO'not file a coinplolnt within this lime. 0 JUOOMENT Of NON PROS WIlL BE ENTERED AGAINST you. : . (3) The date of IltI'Yice of thIo hJle if IltI'Yice was by _lis IIw dale of mailing. Date: Decenber 18,'19~. .. ~f~ k' ~,4,., ~AfI/1l(>""ftJtDltU'1 H:lPC31~'" COURT FILE ., ~ " \,' -'~ , I I ......, ~ ~ "; j ','~ : " ',i.-~_, ~,. ".// I' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COM'PLAINT ,- / (This prool olso,vlco MUST BE FILED WITHIN TEN (70) DA YS AFTfR ""np the no'". 01 oppeiii: Chock oppll"blo bO'os) / COMMONWEALTH Of PENNSYLVANIA COUNTY Of "?i-.....y j II AFFIDAVIT: I he,eby swear or .,'firm that I .erved J. copy of Ihe Notice 01 ~ppe.', Common Plea. No -9~7L7b____. . upon the olslr,.t Justice deslgnaled therein on (dale olso,.,co) ~. 19-$i: 0 by personal service li!'by certified) (,eglstered) mall, 'ende" rece.i~lallached herelo. Ind upon the appellee. (name) ~a.ct.n_,J,k~ ' , . on ----1JI1L. /A, _, 19lJ.'i n by person. I servlcelZ'by (cerllliod) Ireglstered) mail. .ende 's receipt allached ~ereto, o end furthe, that I."rved the Rule to File a ComplalOt accompanYlOg the above Notlceof Appeal upon theapp~II"(S) lowhom the Rule was add'~..ed on . 19---)jJ by personal service 0 by (certllled) (roglste,ed) mall. sendor'. ,ocllipl allBched hereto, ~.. P... €.. ;l4~ SWORN (AFFIRMED) AND SUBt,CRIBED BEFORE ME I ~ m, "1fL.!::J..~) THIS /8,,,, DAVOF '2>.,.~. .19~ -.-!::I-'~ "/ ~~ S,gn.hlte of afllint Tit,. of aflre/., Slgn.'lJI. 0' o"ic'~1 b My com:nl~sion explr n 1.0 I;l S U1 I! r::> jj rrr ;,v'i n - \0 ....0 "D ''/." . . " ~~., ::: ~ .;>- " ::;! ~ 0 ,~ . \D 'Z 1l\~ 116 756 ~ Receipt for X' Certified Mall _ No 'nluranco Cove, ago Provided Jaa.-il=O 00 not lJlI 'or Inlernalion81 Mail (Se8 RlverlB' ~" .. eft fPlll Ii! p 1 I ~ C'Utfoe<tf... If' ,'--'" """elld o.wwy ,.. /10/$ $ . L z.z." RIM" R.tetpIShOWInQ 10 'n'hom I 0.,. o..t,_-.:I R""," R~'lIIt SnoWInG 10 Whom 0,11. .nd A6dI'n...', A(tdI.U ' rOrAll'Q,.. ..... $ 2,. '5-z.. PM'mar. Of O.ll!' Z 1l\~ 116 545 SQIIr"JOto'''''''yf_ R,.'hit:ltoI1O"......... F_ HI""'" .....r.."'. SI'O''1"nQ 10 v.t>oon "'..u.a ......" ftel,,'~fl;a'" Sh<""""Q It ~"u'n 0..1,: anttAdlfo.')oiW,All'" TQTAt Po1I..,, .< .rH.' . $ 2.:)'2- Po\lm"k 01 ~.~lt.\ /:'_~- i Z,162 116 544 ~ Receipt for CertHled Mall No In.urance Coverage Provided Jallrl'=" 00 not Ule lor In18metionl' Mail (SU8 Revefle' ,8. ~ rJ 1./iI :i CO ~ ! C..t,I.eclfH ~ SPK.-& ()oIlMIf'l ,.. ....UctW ~,.. A,tuln RK.IP' Sho*1fWII to~'D'l'u.I.....,~ toWhon" ... ~j !~ Q 9 :if ~""~ & ~ fBl :It, d ,,; ~ Z Pl, <I)~ "Ill ~l> Cl 1Il~ :0: ~~ H II! (; p< <I)", '" VI ZI' .... :0:... ., ;:: :0: Zoo< .... III II i~~lj o III I' .-4 II< .. ~ P<J., ... Ill'" II PIll 0 -0- -.-4 Gl (his! U~ ~ .. <I).... '"' . .~.... ~ Gl ci~E ~ '" 12:0 PlP< ..:ll'l '"' 0 P12: ~ Cl 12: z ~ L 0 III P H ~ "0' '"' u:z: 0 -< c ~. ~ Pl 0 . I'l ~ P I'lH ltl p< a:zcn 0 :z: [.. I'l :E: ~ c( i u ~u . :0: 0 ~-< PI ~ u U ~ III Pl = lI'I..:l lI'I -< '"' ltlH :0: 12: :E:l> Pl :0: :z: PH i'2 VI 0 H UU I> I'l - . . .. ;'. r -.,:;.- >~.,,' -., . . .' .' NOTICE TO DEFEND AND PLEAD Vi) qs- 7/7" tA.;..J T Vv,.... NOTICE YOU HAVE BEEN SUED IN THE COURT OF COMMONS PLEAS. If you wish to defend against the claims set forth in the following pages, you must take action within thirty (301 days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Board 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 any other claim or relief requested by the Claimants. 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 FINO OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator 4th Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone Number: (Area Code 717) 240-6200 AVISO U5TED HA SIDO DEMANDADO/A EN "COURT OF COMMON PLEAS," 5i usted desea defenderse de las demandas que se presentan- mas adelante en las siguientes paginas, debe tomar accion dentro de 105 proximos treinta (30) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la "Board of Claims" por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. 5e Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cUclquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la "Board of Claims" sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos irnportantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE, SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DON DE PUEDE ENCONTRAR ASISTENCIA LEGAL, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator 4th Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone Number: (Area Code 717) 240-6200 Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: 95-7176 KAREN H, B. EARLY, v. DONNA AND DOUGLAS HEFENFINGER Defendants, COMPLAINT AND NOW, this 10th day of January, 1996, comes Plaintiff by her attorneys, Charles 0, Barto, Jr, and Associates, to respond to Defendants' Rule to File Complaint as follows: 1, Plaintiff, Karen H. B. Early, is an adult individual residing at 4141 Mountain View Road, Hampden Township, Cumberland County, Pennsylvania 17055, 2. Defendants, Donna Hefenfinger and Douglas Hefenfinger, her husband, are adult individuals residing at 200 Linton Hall Road, Duncannon, Perry County, Pennsylvania 17020, 3, On or about September 18 1995, Plaintiff purchased a 1983 Saab automobile (hereinafter referred to as "the vehicle") from Defendants, 4. Plaintiff was the titled owner of the vehicle and purchased it for her 16-year-old daughter to use as her first car, Her purpose for choosing this particular make and model of automobile was well-known safety standards of Saabs, 5. At purchase, the vehicle appeared to be in good working order. Defendants stated that with the exception of its air conditioning, it was in excellent working condition. Defendants, in fact, represented that the vehicle had been in constant use until Defendants' purchase of a replacement automobile, a Jaguar. Defendants volunteered that the vehicle had never been in an accident, They further volunteered that the vehicle had just been inspected, with no deficiencies found during the inspection, This inspection was conducted by DeCoven Service Station of Duncannon. 6, Defendants volunteered that they had been performing repairs on the car themselves, including oil changes and tune-ups, and had recently replaced the water pump, Defendants stated that they were unaware of any other needed repairs, 7, After purchasing the vehicle, having driven less than 75 miles, Plaintiff took the vehicle to Star Automotive, a Mercedes-Benz and Saab specialty auto repair shop, for a general tune-up. Star Automotive halted its work upon finding three major deficiencies in the vehicle __ broken/missing bushings on both front shock absorbers, right front A-frame rusted through, and broken front and right side motor mounts. In Star Automotive's opinion, anyone of these deficiencies should have resulted in the vehicle failing its state inspection, Further, Star Automotive recommended that the vehicle not be driven, as these deficiencies rendered the vehicle unsafe to drive. (With a broken frame, a right front minor accident could cause the entire right front portion of the car to land in the passenger's lap). 8, Plaintiff immediately contacted Defendants to request return of the purchase price of the vehicle, with the vehicle returned to be Defendants, Defendants refused to accept return of the vehicle. 9. During this conversation, Defendants revealed that they had taken the vehicle for inspection to a first inspection station. Defendants stated that this first station, Eagles Nest Auto Mart, advised that the vehicle's front shocks needed to replaced for the vehicle to pass state inspection. Defendants stated that they desired a "second opinion" and then took the vehicle to "a friend." The "friend" (DeCoven), subsequently passed the vehicle through state inspection without requiring any repairs. 10. To confirm the severity of these safety deficiencies, Plaintiff contacted Pennsylvania State Police Inspection Supervisor G, L, Eaton, supervisor for the Perry County area in which the inspection was conducted. 11, On or about October 23, 1995, Trooper Eaton inspected the vehicle and filed an official inspection ~, , COUNT I - FRAUDULENT MISREPRESENTATION station supervisor's report, (See Exhibit "A".) 12, In his report, Trooper Eaton confirmed the three major safety deficiencies in the vehicle and notes the obvious poor condition of the front shocks, with bushings "totally gone." The report also states that action is being taken against both the mechanic and the inspection station as a result of this poor inspection. His report states that due to the number and extent of the deficiencies, the vehicle could not have passed the aforementioned state safety inspection, 13, In his report, Trooper Eaton noted that the vehicle displayed an AI5 inspection sticker numbered AI5- 7432066. The inspection sticker information confirmed that the vehicle had been inspected on August 23, 1995, The inspection station mechanic was James Dersham, III, Trooper Eaton contacted and interviewed Mr, Dersham, who stated that he had indeed inspected the vehicle that he "must have overlooked those things by accident," Further, Mr. Dersham stated that Defendants had asked him to go over the vehicle thoroughly at one point in the past, as it had been in a rear-end collision. At no time did Defendants make Plaintiff aware that the vehicle had been in an accident 14, As evaluation by a reputable auto repair facility and the responsible State Trooper/Inspection Station Supervisor resulted in a recommendation that the vehicle is unfit for the purpose intended, safe transportation for her 16-year-old daughter, Plaintiff has sold the vehicle for salvage, as it had no practical value, Plaintiff received $500 for salvage of the vehicle, 15. On or about November 20, 1995, a hearing was held in this matter before Robert V, Manlove, District Justice, 16. On or about November 21, 1995, jUdgment was entered for Plaintiff by that District Justice, 17. On or about December 18, 1995, Defendants Hefenfinger filed a Notice of Appeal from the judgment rendered by District Justice Manlove. 18, The allegations of paragraphs 1-17 are incorporated herein by reference, 19, Prior to execution of the Bill of Sale for the vehicle, Defendants stated to Plaintiff that the vehicle was "."... .:"';"':':i "it.~:"'-." ,~.,' ''''.....ff'.., in good mechanical and operating condition, 20, Defendants' statements were false at the time when made with knowledge of the falsity, or with reckless indifference for the truth or falsity thereof, 21. As a result of Defendants' misrepresentation, Plaintiff has suffered, and continues to suffer, direct and consequential damages which include the purchase price of the nonconforming vehicle, sales tax, licensing expenses, insurance, inspection costs, cost of the action below ($56,00), cost of this action, and attorney's fees. COUNT II - BREACH OF CONTRACT 22, The allegations of paragraphs 1-21 Complaint are incorporated herein by reference. 23, On or about September 18, 1995, Plaintiff delivered the purchase price of $1450, plus state tax and transfer charges of $156.00, upon Defendants' promise to deliver a 1983 Saab automobile in good mechanical and operating condition at Camp Hill, Cumberland County, Pennsylvania. Plaintiff also incurred a bill from Star Automotive for $57,88 for mechanic's time spent looking over the vehicle. Insurance was $118.80 and costs of this action below were $56.00, 24. Defendants delivered a vehicle to Plaintiff which proved to be in poor mechanical condition and dangerous if utilized for its ordinary and intended use in breach of the parties agreement. 25. Although demand has been made by Plaintiff, Defendants have failed to, and refuse to, make necessary repairs or accept return of the vehicle with return of purchase price to Plaintiff, 26. By virtue of the above allegations, there is now due and owing from Defendants to Plaintiff the principal sum of $1,338,68, together with interest and the cost of this action, (This amount is reduced by $500 from the request in the original complaint, as Plaintiff received this sum from salvage value of the vehicle,) COUNT III - DECEPTIVE TRADE PRACTICES 27, The allegations in paragraphs 1-26 are incorporated herein by reference, 28, Defendants engaged in deceptive trade practices in violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201 et seq" in that they willfully misrepresented that the vehicle had characteristics and benefits that it did not have, was of standard quality of which it was not, and otherwise created the likelihood of confusion by representing that the vehicle: (a) was free of any significant defects or conditions which impaired its value, safety or use; (b) was reasonably fit for ordinary driving; and was capable of passing;, and (c) had honestly passed, state safety inspection. 29, Defendants' promises were false, confusing, and misleading in that the vehicle: (a) was not free from significant defects and Plaintiff immediately experienced problems including, but not limited to: lower shock mountings, missing bushings on both right and left front of the vehicle, broken front motor mount and right side motor mount, and rusted and broken right front frame; (b) was not reasonably fit for the ordinary purposes of driving because of the aforementioned conditions; and (c) had been recommended for repairs to meet state inspection criteria which were not made. 30. Defendants represented to Plaintiff before the sale that the vehicle was in good operating and mechanical condition knowing that it had deteriorated, had failed to meet state inspection criteria, and was not in good mechanical or operating conditions. 31. As a consequence of Defendants' willful, fraudulent, and misleading conduct, Plaintiff has suffered and continues to suffer direct and consequential damages which include the purchase price of the nonconforming vehicle, sales tax, licensing expenses, insurance, inspection costs, the cost of this action, and attorney's fees. WHEREFORE, Plaintiff respectfully seeks judgment against Defendants as follows: ......"..,..,,, - - (al that Plaintiff be awarded compensatory damages in an amount that fully compensates Plaintiff; (b) general, incidental, and consequential damages; (c) treble damages pursuant to 73 P,S. Section 201- 9.2(a) (d) pre and post judgment interest and cost of this. action; and (e) such further relief as this Honorable Court deems just and proper, CHARLES O. BARTO JR, AND ASSOCIATES C~O I3Q,V~ Charles O. Barto, Jr., Esq 608 North Third Street Harrisburg, PA 17101 (717) 236-6257 LD. #09941 Attorneys for Plaintiff Dated: January 10, 1996 VERIFICATION I verify that the foregoing averments are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made sUbject to the penalties of 18 Pa,C.5. ~4904, relating to unsworn falsification, Date: II~) q ~ , l~B~~L~% ~GU 11.111 'Ii"NSVLYA"IA afATE 'OLICt OFFICIAL INIPECTlON STATION SUPERVISOR'S REPORT TYPE OF INVESTIGATION I:] o ULTY Iii I~SIlP.CTIl}S 4. NO. 0' C...TIFIEO ItlECHANIC$ EMPLC 1 2. NAMIi OF nATION nECOVF.~ SERVICE STATIO~ I. STREET 1909-3 State Road 2. STATION NO. K-935 I, CITY' Dunclnnon 7. COUNTY Perry C 0 17020 NS POSTEO TS .431 I',," + MAlI ,.,.ANSIT VIHICLlSt 0 YES 0 NO IU' + TRUCKI+ MOTORCVCLES' NO AUDIT o YES o NO STICKERS IEMI,ANNUALPERIOD mCKER IIECflVEO UIIO VIAll UNUSED STICKERS ANNUAL 'ERIOD STICKER RECEIVED UIIED VIAll UNUSE' INaIOI INSIOE 0Ul110E OUl1IDE TOTAL REFUNOAILI.TICKIRS TOTAL REFUNDAILE STICKER' VIRI,.ID IV X I,QIYATUMe TITU ISTATION REPRESENTATIVEJ 1000 hrs., this writer conducted an inspection of '. In 11,. ell ,owne y one 17055, Hm,Pb, (717) 728-9484. & . \..:, -', inspected by the above named ~raRe on the date of 08/23/95, e va C a wa Oscar DERSlt~1 III, OLS* IP339756, for clAss 1. eXD 04/15/9 I 1S wr ter contacted an ntsrvlewe t e 1nSpectlon mec an c, " at he had in fact been the erson that conducted the ins ection. He made no effort his wron~ doing. but stated that he "mu.~t hllve oVer-looked those thinp,s by accident", DERSIiA'. r Ind ate that he had been made aware of he fa t that this vehicle had been involVed accident, and he took extra care to insnected the ear for damalle as a result of said nt. Hc .ot d that at the time of this Insnection the car WRS then owned b' nou~1as 6__ HEFE~FINr.cR 200 Linton Hill Rd., nuncannon. !la.. 17020. nue tn the extent or the rul't on this vehi = les Tune, and the fact the shock bushinl{s were tota11' One this writer fcels that this vehicle could not have Dassed n snfetv 'nsDecti only 189 miles prior to this re-inspection. It is also the oninoin of this writer. that the ~ . . I< { "e' .. n 1~9 mi l,tl. Action is bein 19339756. InSDllctlon station K-935 , and the mechanic OL:\* I ., IN Tpr. G. I.. F.AT01\ N SUPERVISOR O..t'GI NO. 5361 1 J, TROOP. 5T A T19N "H". Harrl sbul'.~' 2 '". DATE 5\.1BMlITtD 2110 10/2:/95 . ,'-', ~""-~,~.~",,>,, , .,~.,~' .".....- ...-,..' CERTIFICATE OF SERVICE On this 10th day of January, 1996, I hereby certify that I have hand delivered a true and correct copy of the attached Complaint, in the manner set forth below, to the following: u.S. POSTAGE, FIRST CLASS MAIL, CERTIFIED Donna and Douglas Hefenfinger 200 Linton Hill Road Duncannon, PA 17020 Counsel CHARLES 0, BARTO, JR, AND ASSOCIATES Charles o. Barto, Jr" Esqu Attorneys for Plaintiff Attorneys at Law 608 North Third Street Harrisburg, Pennsylvania 17101 (717) 236-6257 KAREN H. B. EARLY, Plaintiff v. : IN nIB COURT OP COMMON PLEAS : CUMBeRLAND COUNTY, peNNSYLVANIA : CIVIL ACTION : NO. 95.1176 : JURV TRIAL DeMANDED DONNA ct. DOUOLAS HEPBNFlNOER. Dcfendanll PRAECIPE FOR ENTRY OF APPEARANCE TO nm PROTIiONOTARY: Kindly enter the appcnrnnc:o of Rogcr R, LaIlURD, Jr.,l!Jquire on bcltalf of Donna and DouSIas Hefcnfinser. Defendanll in the abovc-coplioned IiIIQlltlon. Law r of Ron TurD ~ oscr . LosuRD.1r., n.quiro 32 Sou Bedford Street Carlislc PA 17013 (717) 245.96KK 1;; co i:: is - - ~!;:! & :s~ ~. l..)=-.... r.? - u~> 62, a: ':1~ r-~ . , rE&:o <\J :SS1 ,~. .":'" if:!! ' 0 CelfE ~ l' f..:.:: l..L. l.;~ L'_ lO 5:5 <..> en <..> : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA KAREN H. B, EARLY, Plaintiff, , . :CMLACTlON : NO. 911.7176 v, DONNA,. DOUGLAS HEFENFINGER Derendanl.l , . : JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notlned to me n written rClponae to the enclosed PreUminary Objections within twenty (20) dayJ !'rom IIlrvlee hereof or It Judllll1ent IllIl)' be entered against you. RelpecU'ul1y lubmlttet!, LAWO~ICE8 OF RO .' " z/I,t/9(;; Dnte I I ! ~' ~r., Esquire 32 South Bedl'o ' Street CIlrlllle, P A 17 13 (717) 2411.9688 Att.omey ror Derendanl.l ( v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA : CIVIL ACTION : NO. 95-7176 KAREN H.-B: EARLY, Plaintiff DONNA & DOUGLAS HEFENFINGER, Defendants : JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT A. DEMURRER I. Plaintiff filed a Complaint alleging that Defendants engaged in fraudulent misrepresentation. 2. In paragraph 20 of Plaintiff's Complaint, Plaintiff vaguely states that "Defendants' statements were false at the time when made with knowledge of the falsity, or with reekless indifference for the truth or falsity thereof." 3. Plaintiff's Complaint filils to set forth any avennents whieh could support an action in fraudulent misrepresentation and. therefore. these allegations should be dismissed with prejudice. WHEREFORE, objecting Defendants demurrer to Plaintiff's allegations that "Defendants' statements were false at the time when made with knowledge of the falsity, or with reekless indifference for the truth or falsity thereof' contained in paragraph 20 of the Plaintiff's Complaint. B. DEMURRER 4. Plaintiff filed a Complaint alleging that Defendants breached a contract with Plaintiff. S. Paragraph 24 of Plaintiff's Complaint alleges that "Defendants delivered a vehicle to Plaintiff which proved 10 be in poor mechanical condition and dangerous if utilized for its ordinary and intended use in breaeh of the parties' agreement." 6. Paragraph 24 of Plaintiff's Complaint is vague and conclusory and fails to otherwise set forth anyavennents to support the existence ora contract between these parties. much less that it was breached by these Defendants. WHEREFORE, objecting Defendants demurrer to the conelusory allegations that "Defendants delivered a vehicle. . . in breach of the parties' agreement" in paragraph 24 of Plaintiff's Complaint. C. DEMURRER 7. Plaintiff filed II Complllint alleging thlIt Defendllnts violated the Unfair Trade Practices and Consumer Protection LlIw, 73 P .S. Section 201llUllll. 8. In Plll'llllmph 28 ofPllIintil1's Comphlinl, PllIintiffalleged thlIt Defendllnts cngllged in deceptive trade practices in viollllion of the Unfair Trade Pmctices lIItd Consumer Protection LlIw, 73 P.S. Section 20 I !:l.mI. 9. The express purpose of the Deceptive Trade Pmctices Act is to protect consumers from the unfair trade lIItd unscrupulous business pl'llCtices of sellers engllged in IIlrl1dt or business. 10. Defcndllnts' lII'C not sellers cngllged in trade or business as contemplllted by the Unfair Trade Practices lIItd Consumer Protection LlIw, 73 P .S. Section 20 I ~. II. Plaintiff's Complllint sets forth no IIverments which could support a conclusion thlIt Defcndllnts lII'C sellers in the lrlIde or business of selling automobiles. 12. PllIintiff's Complllint fails to set forth lIIty averments thlIt would support lilt action against these Defcndllnts under the Unfair Trade Pl'lICtices lIItd Consumer Protection LlIw, 73 P.S. Section 20 I ~ sg.. lIItd therefore. the allegations should be dismissed with prejudice. WHEREFORE, objecting Defendllnts demurrer to the allegations of violations of the Unfair Trade Pmctices lIItd Consumer Protection LlIw, 73 P.S. Section 201 !l1..Sg" in pamgmph 28 ofPllIintil1's Complllinl. D. MOTION TO STRIKE. OR IN THE ALTERNATIVE. MOTION FOR MORE SPECIFIC PLEADING 13. Plaintiff filed a Complaint genemlly alleging that Defendllnts engaged in fraudulent misrepresentation. 14. Pa.R.C.P, 1019(a) states that "(llhe malenal facts upon which a ClIuseofaclion or defense is based shall be staled in concise lIItd summary form." IS. Pa.R.C.P. 1019(b) states that "Averments of fraud or mistake shall be averred \\;th particularity. .. 16. Paragraph 20 of Plaint in's Complainl merely avers thlIt "Defendllnts' statements were flllse at the time when made willI knowlL'tIge of the falsity. or with reckless indifference for the truth or falsity thereof. .. ,,- '~'''''i'.'''''-' .,...:....,..-" ":.'er.-;'. , \ .. ~':,""'-- - . 17. Paragraph 20 of Plaintift" s Complaintshould be stricken for lack of confonnity to Pa.R.C.P. - 1019(a)(b). WHEREFORE, Defendants rcspec:tfuUy request this honorable court to strike paragraph 20 oftbc p1aintift's Complaint for fiWurc to conform to applicable rules of law and to award costs and reasonable attorney's fees to Dcfcudants herein. Rcspec:tfully submitted, LAW OFFICES OF ROY TURO I e.//2/9 ((; Dd I Jr., U\l'C cdford Street Carlisi A 17013 (717) 2 5-9688 Attorney for Defendants . . CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Defendants' Pre1imi11luy Objections to the P1aintift's Complaint upon Cbarles O. Barto, Jr., Esquire, attorney for~Plain ~ ~ depositing IIIIIIC in the United States Mail, lint class, postage pre-paid on the /? &y of _ 4~ ,. ..../ . , 1996, from Carlisle. Pennsylvania, addressed as follows: Charles O. Barto, Jr., and Associates Attorneys at Law 608 North 3rt! Street Harrisburg, PA 17101 (717) 236-6257 . ON TURO er R. Jr., Esquire 32 South rt! Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants ~ eo "- ~ - r: ,-- i:j -,." t; - f_'~J t' 0.- :...)'" .'. .' ~~: C_ .'- :~~,., ~,} C., ..,"' . It..:. - ","," :-;.1::''''' rt\~ ' C., ~~i2 \.:.J f'" u.. I', ,-" :? 0 (.;\ U . I co In .. ~ I~ :c r- CI.. c; , _'2' U: , w ,tr.:; r= '"", :l:: u. 0..0 0 Cil , . i Ii I~ II! " , a 3~ ., ;: ... i~ ~ Ii ... ... ~~ ~ffi ..... ... ... .. ..... ~ ! ~c ~P- I . .~ ~i 5 VI 01 ..;- '" ... f ~i 8 . P- ,0 E~ ~ ~~ . .. ~ ~ ~ ': ~ . ' a i ~ ...8 :z: ' Q I: ::J ~~ c t:~ ~zcl. ... . . c( !! ~ I'l ;> ~ .. . ~P- ' ~ III :~ ..:l ~ I 3 ~ I~ P- c,) ..' . . . ~ ., . KAREN H, B, EARLY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, CIVIL ACTION NO: 95-7176 DONNA AND DOUGLAS HEFENFINGER,: Defendants, JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS A. ANSWER TO DEMURRER/FRAUDULENT MISREPRESENTATION 1. Plaintiff alleges in the Complaint that Defendants engaged in fraudulent misrepresentation, 2. Under Pennsylvania law one who suffers damage by being deceived into action or inaction through another's intentional and calculated misstatements of material fact may recover at common law from the deceiver, Polaski v, Levin, 176 pa Super, 370, 107 A.2d 876 (1954), 3, In order to maintain action for fratidulent misrepresentation, the Plaintiff must show fraudulent misrepresentation of fact, made with intention that it be relied upon, and that it actually was relied upon to Plaintiff's loss, Polaski at 878, 4. Plaintiff pled in paragraph 5 of the Complaint that Defendants stated, "with the exception of its air conditioning, the vehicle was in excellent working condition." Plaintiff pled that Defendants stated that they were unaware of any other needed repairs. (Paragraph 6), Plaintiff pled that prior to execution of the Bill of Sale Defendants stated the vehicle was in good mechanical and operating condition. (Paragraph 19), 5, As pled in paragraphs 7, 12, and 29, the vehicle was in a severely defective condition rendering it dangerous and unfit for the ordinary purpose of driving. 6. Plaintiff pled in paragraph 5 that Defendants repres~nted that the vehicle had ~ever been in an accident. Plaintiff also pled that Defendants volunteered that the vehicle had been inspected and that no deficiencies were found during the inspection, (Paragraph 5). 7, Plaintiff pled that these statements regarding condition of the vehicle were made prior to her purchase of the vehicle and that her purpose for choosing this particular make and model of automobile was the well known safety standards of Saabs. (Paragraph 4) . 8. Plaintiff pled that Defendants were, in fact, aware of the vehicle's substantial defects from a failed first attempt to get the vehicle inspected. (Paragraph 9). Furthermore, Plaintiff pled that inspection mechanic Dersham admitted to Trooper Eaton that Defendants told him the vehicle had been in a "rear end collision-. (Paragraph 13). 2 3 9. Plaintiff pled that she suffered and continues to suffer direct and consequential damages which include the purchase price of the nonconforming vehicle, sales tax, licensing expenses, insurance, inspection costs, cost of the action below, cost of this action, and attorneys fees. (Paragraph 21) 10, Accordingly, Plaintiff submits that the elements of a cause of action for fraudulent misrepresentation have been fully and adequately pled in the Complaint, WHEREFORE, Plaintiff respectfully requests that the Court dismiss Defendants' Preliminary Objection to Plaintiff's allegations that Defendants fraudulently misrepresented the condition of the vehicle, B, ANSWER TO DEMURRER/BREACH OF CONTRACT 11, Plaintiff alleges in the Complaint that Defendants breached their contract with her. 12, Under Pennsylvania law a cause of action for breach of contract is established by showing the existence of a contract to which the Plaintiff and Defendant were parties, essential terms of the contract, breach of duty imposed by the contract and resulting damages, Cottman Transmission Systems, Inc, v. Melody, 851 F. Supp, 660 (E.D.Pa. 1994). In pleading breach of contract, all of the essentials of the contract, its promises and terms, i ~ ~ must be stated, The essentials include the date the contract was , .~ made, the place it was made, language relevant to the cause of ., ,it, action and whether the claim is based on a writing, Coleman v, Heiple, 30 Sam, 264, Pa. Com, PI. (1975), 13. Plaintiff pled in paragraph 3 that the agreement between the parties was reached on September 18, 1995, Plaintiff pled that a Bill of Sale was executed (Paragraph 19), and that the vehicle W3S to be delivered at Camp Hill, Cumberland County, (Paragraph 23). 14, Defendants represented that they would deliver a Saab automobile in "excellent working condition", (Paragraph 5) "that had never been in an accident" (Paragraph 5), and that required no needed repairs, (Paragraph 6, 9). 15. Plaintiff pled that her duty was to deliver the purchase price of $1,450.00 plus state tax and transfer charges of $156.00. (Paragraph 23), Defendants were to deliver a 1983 Saab automobile in good mechanical and operating condition at Camp Hill, Cumberland, Pennsylvania, (Paragraph 23). Plaintiff pled that she fulfilled her duties under the contract on September 18, 1995. (Paragraph 23). 16, Plaintiff pled that she demanded return of the purchase price in exchange for return of the vehicle, or in the 4 s alternative, that Defendants make necessary repairs to the vehicle. (Paragraph 25), 17. Plaintiff pled that Defendants breached the parties' agreement by delivering a substantially nonconforming vehicle. (Paragraphs 7, 12, 24, 29), 18, Plaintiff pled that she has suffered damages as a result of the breach of contract by Defendant, (Paragraphs 21, 26, 31). 19. Accordingly, Plaintiff submits that the elements of a cause of action for breach of contract have been fully and adequately pled in the Complaint. WHEREFORE, Plaintiff respectfully requests that the Court dismiss Defendants' Preliminary Objection to Plaintiff's allegations that Defendants breached their contract with Plaintiff. C, ANSWER TO DEMURRER/UNFAIR TRADE PRACTICES 20. Plaintiff alleges in the Complaint the Defendants violated the Unfair Trade Practices and Consumer Protection Law, 73 P.S, 5201 et seq. 21. Under the Act, "unfair methods of competition and unfair deceptive acts or practices" in the conduct of any trade or commerce as defined by subsections (i) through (xvii) of clause (4) of Section 2, "are hereby declared unlawful". 73 P.S, ~201-3, "Unfair methods of competition" and "unfair or deceptive acts or practices" may mean anyone or more of the following: (iv) Using deceptive reprcsentations or designations of geographic origin in Lonnection with goods or services; (v) Represcnting that goods or services have sponsorship, approval, characteristics, ingrcdients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have; (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; and (xvii) Engaging in any other fraudulent conduct which creates a likelihood of confusion or of misunderstanding. 73 P,S. ~201-2(4). 22, "Trade" and "commerce" as defined under the Act, means the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and includes any trade or commerce directly or indirectly affecting the people of this Commonwealth. 73 P,S, ~ 201-2 (3) . 23. There is no requirement under the Act that the Defendants be sellers in the trade or business of selling 6 Defendants be sellers in the trade or business of selling automobiles, (Defendants' Demurrer Paragraph 11), 24, Plaintiff pled that Defendants used deceptive representations with respect to the vehicle in violation of 73 P.S. ~201-2(4) (iv), (Paragraphs 5, 6, 7, 9, 12, 13, 14, 19, 24, 28, 29, 30, and 31) 25. Plaintiff pled that Defendants represented that the vehicle had characteristics that it did not have, in violation of 73 P,S, 5201-2 (4) (v). (Paragraphs 5, 6, 19, 23, 28, and 30) , 26. Plaintiff pled that Defendants represented that the vehicle was of a particular standard, quality or grade, when in fact, it was substantially deteriorated, in violation of 73 P.S. ~201-2 (4) (vii) . (Paragraphs 5, 6, 19, 23, 28 and 30). 27, Plaintiff pled that Defendants engaged in fraudulent conduct creating a likelihood of confusion or of misunderstanding per 73 P,S. ~201-2(4) (xvii). (Paragraphs 5, 6, 7, 8, 9, 12, 13, 14, 23, 24, 25, 28, 29, and 30), 28. Accordingly, Plaintiff submits that the elements of a cause of action for violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. ~201 et seq., have been fully and adequately pled in the Complaint. WHEREFORE, Plaintiff respectfully requests that the Court dismiss Defendants' Preliminary Objection to Plaintiff's 7 8 allegations that Defendants violated the Unfair Trade Practices and Consumer Protection Law 73 P,S, ~201 et seq. D. ANSWER TO MOTION TO STRIKEr OR IN THE ALTERNATIVE, MOTION FOR SPECIFIC PLEADING/FRAUDULENT MISREPRESENTATION 29, Plaintiff alleges in the Complaint that Defendants engaged in fraudulent misrepresentation, 30, Under Pennsylvania law one who suffers damage by being deceived into action or inaction through another's intentional and calculated misstatements of material fact may recover at common law from the deceiver, Polaski v, Levin, 176 Pa Super, 370, 107 A.2d 876 (1954), 31, In order to maintain action for fraudulent misrepresentation, the Plaintiff must show fraudulent misrepresentation of fact, made with intention that it be relied upon, and that it actually was relied upon to Plaintiff's 1055, PolasH at 878. 32, Plaintiff pled in paragraph 5 of the Complaint that the Defendants stated that, "with the exception of its air conditioning, the vehicle was in excellent working condition," Plaintiff pled that Defendants stated that they were unaware of any other needed repairs, (Paragraph 6). Plaintiff pled that prior to execution of the Bill of Sale, Defendants stated the vehicle was in good mechanical and operating condition, (Paragraph 19), 33. In fact, as pled in paragraphs 7, 12, and 29, the vehicle was in a severely defective condition rendering it dangerous and unfit for the ordinary purpose of driving. 34. Plaintiff pled in paragraph 5 that Defendants represented that the vehicle had never been in an accident, Plaintiff also pled that Defendants volunteered that the vehicle had been inspected and that no deficiencies were found during the inspection. (Paragraph 5). 35, Plaintiff pled that these statements regarding condition of the vehicle were made prior to her purchase of the vehicle and that her purpose for choosing this particular make and model of automobile was the well known safety standards of Saabs, (Paragraph 4), 36. Plaintiff pled that Defendants were, in fact, aware of the vehicle's substantial defects from a failed first attempt to get the vehicle inspected. (Paragraph 9), Furthermore, Plaintiff pled that inspection mechanic Dersham admitted to Trooper Eaton that Defendants told him that the vehicle had been in a "rear end collision". (Paragraph 13). 9 ~, r ! i i i 37, Plaintiff pled that she suffered and continues to suffer direct and consequential damages which include the purchase price of the nonconforming vehicle, sales tax, licensing expenses, insurance, inspection costs, cost of the action below, cost of this action, and attorneys fees, (Paragraph 21) , 38. Accordingly, Plaintiff submits that the elements of a cause of action for fraudulent misrepresentation having been fully and adequately pled in the Complaint. WHEREFORE, Plaintiff respectfully requests that the Court dismiss both Defendants' Motion to Strike paragraph 20 of Plaintiff's Complaint for failure to conform to applicable rules of law and Motion for More specific pleading, Respectfully submitted, CHARLES O. BARTO, JR. AND ASSOCIATES auAfu (J;, $t<,'iJ Charles O. Barto, Jr., Es 608 North Third Street Harrisburg, PA 17101 (717) 236-6257 1.D, H 09941 .- re Attorneys for Plaintiff Dated: March 4, 1996 10 CERTIFICATE OF SERVICE On this 4th day of March, 1996, I hereby certify that I have delivered a true and correct copy of the attached Plaintiff's Answer to Defendants' Preliminary Objections, in the manner set forth below, to the following: U,S. POSTAGE, FIRST CLASS MAIL, CERTIFIED Roger R, Laguna, Jr" Esquire 32 South Bedford Street Carlisle, PA 17013 (Attorney for Defendants) CHARLES O. BARTO, JR, AND ASSOCIATES ~ Attorneys for Plaintiff Attorneys at Law 608 North Third Street Harrisburg, Pennsylvania 17101 (717) 236-6257 ". . .." ;j,,"'""'.."~' -.- J~,~ 0"' . . KAREN H. EARLY, PLAINTIFF. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION NO. 95-7176 v. DONNA AND DOUGLAS HEFENFINGER, DEFENDANTS, : JURY TRIAL DEMANDED PRAECIPE TO REMOVE CASE FROM ARGUMENT LIST AND NOW COMES Karen H. Early, by her attorneys Charles O. Barto, Jr. and Associates, to request that this Honorable Court remove Plaintiffs case from the Argument List for December 9, 1998. Subsequent to listing this matter for argument, Plaintiffs counsel was contacted by Defendants' counsel of record who advised that Defendants may file for bankruptcy and may discharge Plaintiffs claim in those proceedings. The law firm of DeArmond and DeArmond confirms that Defendants have retained said firm for the purpose of an action in bankruptcy. To avoid unnecessary duplication of effort, Plaintiff requests that this matter be held in abeyance for a reasonable period to allow Defendants to file for bankruptcy and allow Plaintiff to review said filing to determine whether or not her claim would be discharged in the bankruptcy proceedings. " Counsel for Plaintiff has discussed this matter with Defendants' counsel of record. His consent Is demonstrated by signature below. Respectfully submitted, CHARLES O. BARTO AN SSqCIAT~S .' ()' /Z.. ~ , . ~ Charles O. Barto, Jr., Esquire Attorney No. 09941 Attorneys at Law 608 North Third Street Harrisburg, PA 17101 (717) 236-6257 (Attorneys i-r PlalntlJ(k DATE: I -30-'10 LAW OF CE OF RON TURO Ron Turo, Esquire Attorney No. 3 f{;f ~~ Attorneys Counselors at Law 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 (Attorneys for Defendants) DATE: '>- <'I >- tr: c~ j.::-- .. -~ , " '-'-' . 0 " . , L: . - ~- " Cr' : .!. , , .' I J ~:- ;;.. ..; , c r;'j ii..: L' :'( l.. r L..:'- , tJ P'': ::) C c.;~ U