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HomeMy WebLinkAbout02-4864BOBBY RAHAL LEXUS, Plaintiff JOHN B. NIESLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O;z- NOTICE ~wis~ainst the claims set forth in You have been sued in the ~oag_es, ouyg~_~take a~days after this corn laint and n-~ce are served by ~ a ~onall or b attome and filin.c~Q writin.~ith the c___ourt ~ections to the cl~ You ~e warned~OU fail to do so the case may ~thout ou and a'ud ment ma be entered~g_ainst~yp~-bY the cou~-out ~urther no____tice for an mone claimed in the co~any other~clai~d b the laintiff. You ma lose mone or ~er right_s im~)ort~. THIS PAPER TO YOUR LAWYER AT ONCE. IF~YOU D~O YOU SHOULD TAKE ~_..~-~ ,.,,,c ~T© OR TELEPHONE THE -- -- -- - NNOTAI-I"uKu~'~"O-~ NOT HAVE A LAWYER OR CA_N~N~_..,~-,..,,,~--~TWERE YOU ~3~LEGAL HELP. ~-FFI~SET FOR_TH BELOW TO I-INU uu, ......... CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3~ 66 AVISO USTED HA SIDO DEMANDADO/A en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe romar accion dentro de los proximos veinte (20) 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 Corte por escdto sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. BOBBY RAHAL LEXUS, Plaintiff JOHN B. NIESLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. COMPLAINT 1. Plaintiff is Bobby Rahal Lexus ("Rahal"), a Pennsylvania corporation, with its principal place of business at 6305 Carlisle Pike, Mechanicsburg, PA 17055. 2. Defendant is John B. Niesley ("Niesley"), an individual with a last known address of 4340 Crestview Road, Harrisburg, PA 17112. 3. In October of 2002, Niesley visited the Rahal dealership in Mechanicsburg, Pennsylvania and expressed an interest in purchasing a new Lexus. 4. Thereafter, on October 15, 2001, Niesley entered into a written agreement (the "Agreement") with Rahal, to purchase a new 2002, Lexus GS 300 Sedan, YIN# JTSBD69S520151857 (the "Vehicle"). A true and correct copy of that document is attached hereto as Exhibit "A". 5. The purchase price of the Vehicle as shown on the Agreement, including State and federal tax was $45,102.95 6. Niesley paid for the Vehicle utilizing a document purporting to be a Money Order. A true and correct copy of that document is attached hereto as Exhibit "B". 7. Assuming the Money Order to be valid, Rahal transferred title to the Vehicle to Niesley. A true and correct copy of that document is attached hereto as Exhibit "C". 8. As a result of the transfer, the Pennsylvania Department of Transportation, issued a registration and title to the Vehicle in the name of Niesley. True and correct copies of those documents are attached hereto as Exhibits "D" and "E". 9. Rahal presented the Money Order through its bank for payment and was advised that it could not be negotiated into cash, sufficient to cover its face value of $45,102.95. 10. On or about January 18, 2002, the Vehicle was returned to Rahal. 11. After the Vehicle was returned, Rahal filed a request with the Pennsylvania Department of Revenue for the refund of the sales tax it has paid on behalf of Niesely. 12. The Department of Revenue granted the request and returned the sum of $2,534.82 to Rahal. 13. The Vehicle remains in the possession Rahal; however, the title to the Vehicle is in the name of Niesley. 14. length. COUNT I - BREACH OF CONTRACT _ REASSIGNMENT OF TITLE Paragraphs 1-13 are incorporated herein by reference as if fully set forth at 15. Rahal assigned the title to the Vehicle to Niesley pursuant to the terms of the Agreement, which provided that he pay for the Vehicle. 16. The Money Order provided by Niesley was not honored by the issuer of the instrument. 17. Niesley breached the Agreement by paying Rahal for its vehicle. 18. As Niesley failed to pay Rahal for the vehicle, Rahal is entitled to have the title re-assigned to it. 2 WHEREFORE, Bobby Rahal Lexus requests the Court determine that Niesley is in default of the Agreement and issue an Order requiring that the title to the Vehicle be re- assigned to Bobby Rahal Lexus. COUNT II - BREACH OF CONTRACT - PAYMENT OF THE CONTRACT PRICE 19. Paragraphs 1-18 are incorporated herein by reference as if fully set forth at length. 20. Niesley signed a written agreement to purchase the Vehicle from Rahal for Forty Two Thousand, Two Hundred and Forty Seven Dollars ($42,247.00). 21. Niesley did not pay Rahal the sum of Forty Two Thousand, Two Hundred and Forty-Seven Dollars ($42,247.00) as the Money Order was not honored. 22. Niesley did not re-assign the title to the Vehicle to Rahal. 23. Rahal is entitled to payment in the amount of Forty Two Thousand, Two Hundred and Forty-Seven Dollars ($42,247.00). WHEREFORE, Bobby Rahal Lexus requests the Court enter judgment against in its favor and against John B. Niesley in the amount of Forty Two Thousand, Two Hundred and Forty-Seven Dollars ($42,247.00), plus costs. 24. length. 25. 26. vehicle. 27. new vehicle. COUNT III - BREACH OF CONTRACT - PAYMENT OF DAMAGES Paragraphs 1-23 are incorporated herein by reference as if fully set forth as When the Vehicle was delivered to Niesley it was new. After Niesely took title to the Vehicle and operated it, it became a used The Vehicle now has a lesser actual cash value as it is a used vehicle, not a 28. Assuming that title to the Vehicle is re-assigned to Rahal, either voluntarily or through the judicial process, the vehicle will have depreciated through time, its use by Niesley as well as the change in ownership from Rahal to Niesley. 29. Rahal is entitled to damages in the amount of $13,000 for the depreciation to the Vehicle caused by Niesley's conduct. WHEREFORE, Bobby Rahal Lexus requests the Court enter judgment in its favor and against John B. Niesley in the amount of $13,000, plus costs. COUNT IV-__FRAUD 30. Paragraphs 1-29 are incorporated herein by reference as if fully set forth. 31. Niesley represented to Rahal that he was paying for the Vehicle when he presented the Money Order. 32. Niesley intended to deceive Rahal, when he presented the Money Order as he knew it would not be honored by issuer. 33. 34. Rahal justifiably relied upon the Money Order as being authentic and valid. Rahal was damaged as it transferred title to the Vehicle to Niesely. 35. Rahal is entitled to treble damages and counsel fees as a result of Niesley's fraudulent, willful and outrageous conduct Dated: October I ,2002 Respectfully submitted, McNEES WALLACE & NURICK LLC Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Bobby Rahal Lexus 4 VE RIFICATIO__N I, David Snyder, Sales Manager of Bobby Rahal Lexus, a corporation, Plaintiff in the within action, verify that the statements made in the foregoing 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 penalties of 18 Pa.C.S. {}4904, relating to unsworn falsification to authorities. Dated: September 2~ , 2002 Exhibit A d'~ ~,%5~6a~i ......... £x~a~.s ............... 71~0 --gtj~, TOTAL ~' ALLOV~/~NCE ON TRADE-iN Exhibit B fn ~ P. 04 Exhibit C DATE 09-i4-200i VEHICLE IDENTIFICATION NO. JT8BD69S520iEi857 BODY TYPE 4-DOOR SEDAN H.P, (S A E.) 220 ~i~ ?:':':: .':: Y.' ': ~ ~ ,~ ~...'~.:~?.',-, ,:-. ::...,... : ~ ! ~..-. .... :,... ~ ~ ~ ~:.w:... :'.'.?..'. :,'.... : ~ ~[{ ~-~ '... ?.-;:.-: .~::, ....:~:::~.::' ~ ./:::.,..,:~?: ': .:':.. >: :: 4307~20 ~ "'?"' .......... ' '"" 2002 LEXUS .... .,:.:.....:- ..... 3,5~e : :::"~':-:':~'~:'" ~': ENGI GS Jo0 SEDAN that the new vehi, and is transferred on the; dealer. NAME OF DI CARLISLE F'IKE ~I~l~'~ t is further ce~ified that this was the first transfer of such new vehicle in ordinary trace ano commerce. LEXUS, A DIVISION OF CERTIFIED FOR ALL TOYOTA MOTOR SALES. U.S.A.. INC. 50 STATE EMISSIONS (AGENT) 001290511 Exhibit D 3/O2 WID: 01297 3400 013565-001 Ne~ Title Number: 55735332/10126101 General Systems Solutions On-Line Registration System Pennsylvania Department of Transportation Applicant Summary Statement Transaction: NM Title/New Rog Pro~essor: BOBBY p~kHAL TOYOTA LEXUS/OOBSB441 Processed By: MIC~ELLE MCCHADY Purchase Date: Oct 15, 2001 Process Date: Oct 24, 2001/ Temp Rag Date: Oct 15, 2001 Pr~v Title No: None Prey Duo Title Count! 0 State of Orioi None VIN: JT8BD60S520151857 Stock No: L6285 PennDO Vehicle Type: PASSEm~ER Condition: [ ] Police GVWR: Unladen Weight: Sales/Us~24.82 ..~) YR/~ke: 2002/LEXUS Body: SDN [ ] Taxi G~R: NO of Axles: TiLl Odom Reading: 31 Fuel: G £ ] O/S Tires Seat Cap: Sum of GAWR: Lien Fee: 0.00 Purchase Price: $42.247,00 Ddom Qual: ACTUAL MILEAGE Chassis Mftr: ~-- Bndv Make: Rag/Proc Fee: 36.00 (Xmer lnfoFmation: Lessee Inforn~tion: nsu~nce Infom~tion: Dup Rag Fee: OOO JOHN B NIESLEY/S None SHARING PROGRN4 Transfer Fee: 0.00 S15234929 Increase Fee: O.OD 4340 CRESTVIEW RD [ ] Tenant in [ ]ODTF May 01. 2001 Rmplace~nt Fee: 000 Survivorship? [ ]Retired NOV 01, 2.~. Other Fee: 0.00 HArRISBURG/PAY [ ] Tenant in [ ] Daily Rental 17112 Con.n? Mail Code: Sub Total: $2.593.32 Trade In ~1 Infomation: Lien Holder #I Infor~tion: Fees & Sales Tax Infor~tion: Dealer Fees YiN: None None Tax exempt Reason: NONE/O0 Nessenger Fee: D.O0 YR: Tax Exert No: Service Fee: 0.00 Make: Taxable Sale Price: $42,247.00 Notary Fee: 0.00 Condition: [ ] Local Sales Tax Override? Plate Fee: 0.00 Allowance: [ ] ELY $ Rate: 0.06 Dec Fee: 000 Trade In ~2: None Lien Holder ~2: None Allowance: Sub Total: $0.00 Trade In ~3: None Lien Holder ~3: None A1 )owance: OLHS Fees Check Fee: O.O0 Assigned Tag Type: pASSENGER Class: Assigned Exp Sticker No: 0044174 OLRS Fee: 12.75 Assignod Tag NO: EJL9748 ARGW: Class Sticker NO Sales Tax: 000 Assigned Exp Mo/Yr: Sep/20O2 RRGCW: Transferred Title No: J 1 Transferred Tag No~ [ ] W/Renewa) SubTotal: $12.75 Signature of Person fr~ Whom Tag is Being Transfeered Relation TO Applicant: [ ] W/Tag Replacement NO of Dap Peg Cards: 0 [ ] W/Tag Exchange Grand Total Due: $2.606.07 [ ]- Request for Optional Registration At A WeiQht Exceeding the GVWR (MV-iOOE E Place Signature of Person Verifying VIN/GVWR or the Tracing Mere: A I hereby certify that ] have verified the VINIGVWR of L this vehicle and the V[N/GVWR listed above is correct SIGN: DIN: JOHN B NIESLEY 4340 CRESTVIEW RD HARRISBURG PA 17112 SIGNATURE Exhibit E 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BOBBY RAHAL LEXUS, Plaintiff VS. JOHN B. NIESLEY, Defendant: Case No. 02-4864 Civil Term AFFIDAVIT BY SPECIAL VISITATION Affiant, who goes by the appellation John Bruce Niesley©, a natural bom living soul under the laws of God, being of sound mind and over the age of twenty-one, whose advocate is Jesus the Christ, reserving all rights, being unschooled in law and who has no bar attorney Or other attorney, and not waiving counsel, knowingly and willingly declares and states, in accordange with law, by special visitation, that the following statements and avcmients re Case No. 02-4864 Civil Term are of Affiant's own firsthand knowledge and that Affiant's knowledge and belief of the facts as stated herein are true, correct, complete and certain. 1. This affidavit is not a motion or a plea. 2. The statements and averments herein are made with full reservation of all unalienable rights to life, liberty, propen'y, papers and effects, and all substantive rights of Pennsylvania commonwealth. 3. Affiant declares that jurisdiction is neither conferred nor implied nor granted by Affiant in the matter of Case No. 02-4864 Civil Term. Affidavit by Special Visitation of John Bruce Niesleye By Attorney-in-Fact Richard MacFarllme With the Copy-Claim by Richard MaeFe~lane Page 1 of 9 4. Affiant is a natural bom living soul and speaks only for John Bruce Niesley©, and is no other, and speaks for no person, juristic person, entity, individual, group, organization, association, voluntary association, joint-stock association, company, co-partnership, firm, order/society, or other fictiona~ creation at law, however organized. 5. Affiant owns the true name John Bruce Niesley © and the trade-name JOHN BRUCE NIESLEY 8, as well as any and all derivatives and variations in the spelling of said trade-name; rights to said names are reserved to Affiant alone under common-law copyright © 2002 by "John Bruce Niesley", a natural bom living soul, as described more particularly in the Copyright Notice which follows this Affidavit. 6. Affiant is a sovereign and takes up housekeeping in the geographic region of North America known as Pennsylvania commonwealth. 7. Affiant is neither a surety nor a guarantor nor an ac~:ommodation party for JOHN B. NIESLEY© or any other juristic person. 8. Affiant is without counsel and denies giving license to either McNEES WALLACE & NURICK, LLC or Lawrence I~ Wi~'r to represent Affiant in this or any other matter, notwithstanding presumptions of others to the contrary. 9. Affiant denies giving permission to either THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA or McNEES WALLACE & NURICK, LLC or Lawrence R. Wieder to make legal determinations on behalf of Affiant; further, Affiant revokes and nullifies any such legal determinations made presumptively, without pemdssion, in the past, present or future. Affidavit by Special Visitation of John Brace Niesleye By Attorney-in-Fact Richard MacFarltme With the Copy-Claim by Richard MacFaxlane Page 2 of 9 10. Affiant neither granted nor authorized THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA permission to use the name JOHN BRUCE NIESLEY©, also known by any and all derivatives and variations in the spelling of said name except "John Brace Niesley," at any time without consideration for the use of said name. 11. Affiant neither granted nor authorized McNEES WALLACE & NURICK, LLC permission to use the name JOHN BRUCE NIESLEY©, also known by any and all derivatives and variations in the spelling of said name except "John Bruce Niesley," at any time without consideration for the use of said name. 12. Affiant neither granted nor authorized Lawrence R. Wieder permission to use the name JOHN BRUCE NIESLEY©, also known by any and all derivatives and variations in the spelling of said name except "John Bruce Niesley," at any time without consideration for the use of said name. 13. Affiant has sent all parties involved in this matter notice that Affiant's papers and effects are private property, and that Affiant's private papers and effects may not be used by any of the parties in any manner withm~t consideration. 14. Affiant is in receipt of no document which verifies that either Affiant or JOHN B. NIESLEY © owes BOBBY RAHAL LEXUS money. 15. Affiant is in receipt of no document which verifies that BOBBY RAHAL LEXUS authorized suit against either Affiant or JOHN B. NIESLEY 8; further, Affiant is in receipt of no document which verifies that BOBBY RAHAL LEXUS is even aware such suit. Affidavit by Special Visitation of John Bm~re Niesleye By Attorney-in-Fact Richard MacFarlane With the Copy-Claim by Richard MacFarlane Page 3 of 9 16. Regarding documents other than those imtiated or put forth by Affiant, Affiant declares that no ink-mark appearing within the signature space of any document in connection with Case No. 024864 Civil Term constitutes Affiant's signature, as Affiant's signature appears only where knowingly, willingly, and voluntarily executed following full disclosure of all terms and ,conditions of any and all contracts/commercial agreements, as well as all terms and conditions of any unrevealed contact/commercial agreement. 17. As the result of Lawrence R. Wieder's pattern of acts against Affiant and Affiant's copyrighted property, Affiant has been damaged financially, socially, and emotionally. Any man, as well as any woman, who intends to rebut this Affidavit of John Brace Niesley © shall do so in the manner of this Affidavit, by executing any such rebuttal Affidavit under the penalty of perjury as a fully liable, living, breathing man or woman, responsible and accountable for everything that such man or woman says and does. Any such rebuttal Affidavit must be sero so as to be received by the notary publi[C named at the address given hereafter within twenty (20) days from date of confirmed receipt, lest a judgment of"non pros" be obtained, with a notice claim of triple damages. ["Non pros" is an abbreviation of "non prosequitur", which is a judgment at common law entered when plaintiff at any stage of proceedings fails to prosecute his action or any part of it in due time.] This Affidavit is dated the Twenty-first Day of the Eleventh Month in the Year of Our Lord Two Thousand Two. Affidavit by Special Visitation of John Brace Niesley© By Attorney-in-Fact Richard MacFarlane With the Copy-Claim by Richard MacFarlane Page 4 of 9 Executed without the UNITED STATES, Affiant affirms on Affiant's own unlimited commercial liability, under penalty of perjury according to the laws of the united States of America, in accordance with the best of Affiant's firsthand knowledge and conviction, that the John Bruce/fqiesley©, Living Soul, Pnnmp~, Sovereign By Richard MacFarlane, Special Attorney-in-Fact, With the Autograph NOTICE Using a notary on this document does not constitute any adhesion, nor does it alter Affiant's status in any manner. The purpose for notary is verification m~d identification only and not for entrance into any foreign jurisdiction. INDIVIDUAL ACKNOWLEDGMENT Pennsylvania state ) ) Dauphin county ) Subscribed and affirmed before me this 2 / day for the ,dO ~nO ~o~- in the year of our Lord and Savior, Two Thousand and Two, A.D. Notary momh My Commission Expires [ ,PHILLIP F_ARABELLI, ~ ~-umuyne ~om, ~ My Commission Explree Feb, Mail recipient and address for return correspondence: Philip Farabelli, Notary Public 717 Market Street, Suite 111 Lemoyne, Pennsylvania 17043 Affidavit by Special Visitation of John Brace Niesley~ By Attorney-in-Fact Richard MacFarlane With the Copy-Claim by Richard MacFarlane Seal Page 5 of 9 COPYRIGHT NOTICE ~: All rights reserved re common-law copHight of trade-name / trade-mark JOHN BRUCE NIESLEY© as well as any and all derivatives in the spelling of said trade- name / trade-mark Common Law Copyright © 2002 by "John Bruce Niesley," natural bom living soul. Said common-law trade-name / trade-mark, i.e. JOHN BRUCE NIESLEY©, may not be used or reproduced, either in whole or in part or in any manner whatsoever, without the prior, express, written consent and acknowledgment of John Bruce Niesley© as signified by the red-ink signature of John Bruce Niesley©, natural born living soul, hereinafter "Secured Party." With the intent of being contractually bound, any juristic person, as well as the agent of said juristic person, consents and agrees by this Copyright Notice that neither said juristic person nor the agent of said juristic person shall display or otherwise use in any manner the common-law trade-name / trade-mark JOHN BRUCE NIESLEY© or the common- law copyright described herein, or any derivative of, or any variation in the spelling of, JOHN BRUCE NIESLEY©, without the prior, express, wfitt~m consent and acknowledgment of Secured Party, as signified by Secured Party's signature in red ink. Secured Party neither grants nor implies nor otherwise gives consent for any unauthorized use of JOHN BRUCE NIESLEY©, and all such unauthorized use is strictly prohibited. Secured Party is not now, nor has Secured Party ever been, an accominodation party or a surety for the purported debtor, i.e. "JOHN BRUCE NIESLEY," or for any derivative of, or variation in the spelling of, the name of said purported debtor, or for any other juristic person, and is so- indemnified and held harmless by Debtor, i.e. "JOHN BRUCE NIESLEY," in Hold-harmless and Indemnity Agreement No. JBN-072502-HHIA dated the Twenty-fifth Day of the Seventh Month in the Year of Our Lord Two Thousand Two against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, frees, liens, levies, penalties, damages, interests and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed on, and incuned by Debtor for any and every reason, purpose, and cause whatsoever. Self-executing Co,ntract/Se~uri~ A~reement in Event of Unauthorized Use: By this Copyright Notice, both the juristic person and the agent of said juristic person, hereinafter jointly and severally "User," consent and agree that any use Affidavit by Special Visitation of John Bruce Niesley~ By Attorney-in-Fact Richard MacFadane With the Copy-Claim by Richard MacFarlane Page 6 of 9 of JOHN BRUCE NIESLEY©, other than authorized use as set forth above, constitutes unauthorized use, counterfeiting, of Secured Party's comraon-law copyrighted property, contractually binds User, renders this Copyright Notice a Security Agreemem wherein User is debtor and John Bruce Niesley© is Secured Party, and signifies that User: (1) grants Secured Party a security imerest in all of User's assets, land, and personal property, and all of User's rights m assets, land, and personal property, in the sum certain amount of one million (1,000,000) dollars, silver specie, in lawful coinage for the united States of America, per each occurrence of use of the common-law-copyrighted trade-nmne / trade-mark JOHN BRUCE NIESLEY©, as well as for each and every occurrence of use of any and all derivatives of, and variations in the spelling of, JOHN BRUCE NIESLEY©, plus costs, plus triple damages; (2) authenticates this Security Agreement wherein User is delXor and John Bruce Niesley© is Secured Party, and wherein User pledges all of User's assets, land, consumer goods, farm products, inventory, equipment, money, investment property, commercial tort claims, letters of credit, letter-of-credit rights, chattel paper, instmmen~ts, deposit accounts, accounts, documents, and general intangibles, and all of User's rights in such foregoing property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for securing User's contractual obligation in favor of Secured Party for User's unauthorized use of Secured Party's common-law-copyrighted property; O) consents and agrees with Secured Party's filing of a UCC Financing Statement in the UCC filing office, as well as in any county recorder's office, wherein User is debtor and John Brace Niesley© is Secured Party; (4) consents and agrees that said UCC Financing Statement described above in paragraph "(3)" is a continuing financing statement, and further consents and agrees with Secured Party's filing of any continuation statement necessm3t for maintaining Secured Party's perfected security interest in all of User's property and rights in property, pledged as collateral in this Security Agreement and described above in paragraph "(2)," until User's contractual obligation theretofore incurred has been fully satisfied; (S) consems and agrees with Secured Party's filing of any UCC Financing Statemem, as described above in paragraphs "(3)" and "(4)," as well as the filing of any Security Agreemem, as described above in paragraph "(2)," in the UCC filing office, as well as in any county recorder's office; (6) consents and agrees that any and all such filings described in paragraphs "(4)" and "(5)" above are not, and may not be considered, bogus, and that Llser will not claim that any such Affidavit by Special Visitation of John Brace Niesleye Page 7 of 9 By Attorney-in-Fact Richard MacFturlane With the Copy-Claim by Richard MacFarlane filing is bogus; (7) waives all defenses; and (8) appoints Secured Party as Authorized Representative for User, effective upon User's default re U:~er's contractual obligations in favor of Secured Party as set forth below under "Payment Terms" and "Default Terms," granting Secured Party full authorization and power for engaging in any and all actions on behalf of User including, but not limited by, authentication of a record on behalf of User, as Secured Party, in Secured Party's sole discretion, deems appropriate, and User further consents and agrees that this appointment of Secured Party as Authorized Representative for User, effective upon User's default, is irrevocable and coupled with a security interest. U~er fur~her consents and allr~ with all Of the following additional terms of Self-executinll Contract,/ SecuriW Agreement in Event of Unl~uthoria:ed ,Use: Payment Terms: In accordance with fees for unauthorized use of JOHN BRUCE NIESLEY© as set forth above, User hereby consents and agrees that User shall pay Secured Party all unauthorized-use fees in full within ten (10) days of the date User is sent Secured Party's invoice, hereinafter "Invoice," itemizing said fees. ~t~: In event of non-payment in full of all unauthorized-use fees by User within ten (10) days of date invoice is sent, User shall be deemed in default and: (a) all of User's property and property pledged as collateral by User, as set forth above in paragraph "(2)," immediately becomes, ii.e. is, property of Secured Party; (b) Secured Party is appointed User's Authorized Repr~.~entative as set forth above in paragraph "(8)," and (c) User consents and agrees that Secured Party may take possession of, as well as otherwise dispose of in any manner that Secured Party, in Secured Party's sole discretion, deems appropriate, including, but not limited by, sale at auction, at any time following User's default, and without further notice, any and all of User' s property and rights, described in paragraph "(2)," fomierly pledged as collateral by User, now property of Secured Party, in respect of this "Self-executing Contract / Security Agreement in Event of Unauthorized Use," that Secured Party, again in Securexl Party's sole discretion, deems appropriate. Terms for Curing Default: Upon event of default, as set forth above under "Default Terms," irrespective of any and all of User's former property and rights in property, described above in paragraph "(2)," in the possession of, as well as disposed of by, Secured Party, as authorized above under "Default Terms," User may cure User's default only re the remainder of User's said former property and rights property, fomierly pledged as collateral that is neither in the possession of, nor otherwise disposed of by, Secured Party within twenty Affidavit by Special Visitation of John Bmc~ Niesley~ Page 8 of 9 By Attorney-in-Fact Richard MacFarlane With the Copy-Claim by Richard MacFarlane (20) days of date of User's default only by payment in full. Terms of Strict Foreclosure: User's non-payment in full of all unauthorized-use fees itemiz~'d in Invoice within said twenty- (20) day period for curing default as set forth above utder "Terms for Curing Default" authorizes Secured Party's immediate non-judicial st~Sct foreclosure on any and all remaining former property and rights in property, formerly pledged as collateral by User, now property of Secured Party, which is not in the possession of, or otherwise disposed of by, Secured Party upon expiration of said twenty- (20) day default-curing period. Ownership subject to common-law copyright and UCC Financing Statem~mt and Security Agreement filed with UCC filing office. Record owner: John Brace Niesley©, Autograph Common Law Copyright © 2002. Unauthorized use of"John Bruce Niesley' incurs the same unauthorized- use fees as those associated with JOHN BRUCE NIESLEY©, as set forth above in paragraph "(1)" under "Self-executing Contract/Security Agreement m Event of Unauthorized Use." NOTICE TO PRINCIPAL IS NOTICE TO AGENT. NOTICE TO AGENT IS NOTICE TO I~RINCIPAL. CERTIFICATE OF SERVICE The undersigned certifies that on the Twenty-first Day of the Eleventh Month in the Year of Our Lord Two Thousand Two a true and correct copy of the above and foregoing Affidavit and Notice was mailed via U.S.P.S Registered Mail Article No. RR 403 288 499 US to: Lawrence R. Wieder, Esquire Post Office Box 1166 Harrisburg, Pennsylvania 17108-1166 The undersigned certifies that on the Twenty-first Day of the Eleventh Month in the Year of Our Lord Two Thousand Two a true and correct copy of the above and foregoing Affidavit and Notice was mailed via U.S.P.S Registered Mail Article No. RR 403 288 508 US to: Ron Ferns, General Manager BOBBY RAHAL LEXUS 6305 Carlisle Pike Mechanicburg, Pennsylvania 17050 r~.ff /.?. /{[ John Brace Niesley*, Living Soul, Principa[~/~overeign By Richard MacFarlane, Special Attorney-in-Fact, With the Autograph Affidavit by Special Visitation of John Brace Niesley~ By Attorney-in-Fact Richard MacF~clane With the Copy-Claim by Richard MacFarlane Page 9 of 9 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04864 P COMMONWEALTH OF PENNSYLV~lqIA: COUNTY OF CUMBBRLAND LEXUS BOBBY RAHAL VS NIESLEY JOHN B R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT NIESLEY JOHN B but was unable to locate Him deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. County, serve the within COMPLAINT & NOTICE to wit: He therefore Pennsylvania, to On October 28th 2002 attached return from DAUPHIN this office was in receipt of the Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 29.25 .00 66.25 10/28/2002 R{' Thomas Klin~ Sheriff of Cumberland County MCNEES WALLACE NURICK Sworn and subscribed to before me this L~ day of ~ A.D. Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : LEXUS BOBBY RAHAL vs : NIESLEY JOHN B Sheriff's Return No. 2304-T -2002 OTHER COUNTY NO. 02-4864 ~ NOW:October 17, 2002 COMPLAINT NIESLEY JOHN B to LT BISHOP AT DCP of the original at 4:15PM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 501 MALL ROAD HBG, PA 17112-0000 Sworn and subscribed to before me this 23RD day of O~CTOBER, 2002 / \,, ! PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. Sheriff's Costs: $29.25 PD 10/09/2002 RCPT NO 170268 TK/BH BOBBY RAHAL LEXUS, Plaintiff JOHN B. NIESLEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4864 Civil PRAECIPE FOR ENTRY OF JUDGMENT To: Prothonotary Enter default judgment against Defendant, John B. Niesley, in the amount of $42,247.00, plus costs of suit. McNEES WALLACE & NURICK LLC By Lawrence R. Wieder I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)237-5229 Date: November 26, 2002 Attorneys for Plaintiff BOBBY RAHAL LEXUS, Plaintiff JOHN B. NIESLEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4864 Civil .' CERTIFICATION OF MAILING OF NOTICE OF INTENT I certify that on November 13, 2002, a Notice of Intent to enter default judgment was sent to the Defendant. Attached hereto and marked Exhibit A is a true and correct copy of the Notice sent to the Defendant. Date: November 26, 2002 Lawrence R. Wieder I.D. No. 16707 McNEES WALLACE & NURICK LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)237-5229 BOBBY RAHAL LEXUS, Plaintiff JOHN B. NIESLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4864 Civil Term IMPORTANT NOTICI= TO: JOHN B. NIESLEY Defendant DATE OF NOTICE: November 13, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 McNEES WALLACE & NURICK LLC By~ -' Lawrence R. Wieder, Esquire I.D. #167O7 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5229 Attorneys for Bobby Rahal Lexus Exhibit A CERTIFICATE OF SERVICE AND NOW, on this l ~ day of November, 2002, I hereby certify that I have served a true and correct copy of the within document, via certified mail, return receipt requested and first class mail postage paid as follows: John B. Niesley 4340 Crestview Road Harrisburg, PA 17112 C/O John B. Niesley Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 McNEES WALLACE & NURICK LLC Lawrence R. Wieder, Esquire I.D. #16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Bobby Rahal Lexus BOBBY RAHALLEXUS, Vo JOHN B. NIESLEY, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4864 Civil .' : To: NOTICE OF ENTRY OF JUDGMENT JOHN B. NIESLEY, Defendant You are hereby notified that on November ,2002, default judgment was entered against you in the amount of $42,247.00, plus costs of suit. Date: November Prothonotary I hereby certify that the name and address of the proper person to receive this Notice is: John B. Niesley 4340 Crestview Road Harrisburg, PA 17112 John B. Niesley c/o Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 John B. Niesley 717 Market Street #111 Lemoyne, PA 17043 Lawrence R. Wieder I.D. No. 16707 McNEES WALLACE & NURICK LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ' BOBBY RAHAL LEXUS : Plaintiff JOHN B. NIESLEY BOBBY RAHAL LEXUS Defendant Garnishee TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment (x) Other File No. 02-4864 Civil Amount Due $42,247.00 Interest Atty's Corem Costs [to be added] The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. IssUe writ of execution in the above matter to the Sheriff of for debt, interest and costs, upon the following described property of the defendant(s) County, PRAEClPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of ~ Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following prolSerty (if real estate, supply six copies of the description;' supply four copies of lengthy personalty list) 2002 Lexus GS 300 Sedan, VIN #JT8BD69S520151857, at Bobby Rahal Lexus, 6305 C~rlisle Pike, Mechanicsburg, and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date Signature: ~"-/'~----~ Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: Lawrence R. Wieder P.O. Box 1166 Harrisburg, PA 17108 Plaintiff 717-237-5229 16707 (over) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4864 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BOBBY RAHAL LEXUS, Plaintiff (s) From JOHN B. NIESLEY, 4340 CRESTVIEW ROAD, HARRISBURG, PA 17112 -- C/0 DAUPHIN COUNTY PRISON, 501 MALL ROAD, HARRISBURG, PA 17111 -- 717 MARKET STREET #111, LEMOYNE, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of BOBBY RAHAL LEXUS, 6305 CARLISLE PIKE, MECHANICSBURG - 2002 LEXUS GS 300 SEDAN, VIN #JT8BD69S520151857 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $42,247.00 Interest Atty's Comm % Atty Paid $143.75 Plaintiff Paid Date: DECEMBER 16, 2002 (Seal) REQUESTING PARTY: Name LAWRENCE R. WIEDER, ESQUIRE Address: P. O. BOX 1166 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-237-5229 Supreme Court ID No. 16707 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~j~ O Deputy R, Thomas Kl~ne, Sheriff, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on Wednesday March 26~ 2003, at which time the personal property of John B. Niesley, one 2002 Lexus GS 300, Vin. No. JT8BD69S520151857, was sold to Bobby Rahal Lexus by handing to Rolen Ferris, being the Chief Operations Officer for Bobby Rahal Lexus, of 6305 Carlisle Pike, MechanicsbUrg, Pennsylvania 17055, for the sum of $1.00, it being the highest bid and ~best price quoted for the same. Date .and Time of Sale, Wednesday March 26, 2003 at 11:00 A.M.E.D.S.T. at Bobby Rahal Lexus, 6305 Carlisle Pike, Mechanicsbur~, -Pennsylvania, 17055. This Writ is returned STAYED as per Attorney Lawrence R.~ Wieder. Sheriff's Costs: Docketing $ 18.00 Poundage 1.90 Advertising 10.00 Law Library .50 Prothonotary 1.00 Milage 16.56 Cert. Mail Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee 9.00 TOTAL $ 96.96 Pd by Defendant Sworn and Subscribed to before me This ~ ~' day of ~ 2003 A.D. ~ ~ ~O_3_~,_,~ ~ Protl~o~otary 'RJ~T~~' So Answers: .. _, . .. By t JO_Z~ c r' R. THOMAS KLINE Shedff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Commonwealth of Pennsylvania Department of Revenue Bureau of Motor Vehicles Harrisburg, PA 17109 Bobby Rahal Lexus-vs- John B. Niesley March 26, 2003 Dear Sir, Reference is made to Sheriff's Sale dated March 26, 2003, and pertaining to Writ of Execution No. 2002-4864 Judgement No. 2002-4864, Civil Term, in the above mentioned case. On December 16, 2002 the above execution was issued by the Cumberland County Prothonotary's Office, Carlisle, Pennsylvania with instruction to levy on a 2002 Lexus GS 300 Sedan, Vin. No. JT8BD69S520151857, title owner John B. Niesley. On December 20, 2002 said execution was served upon Bobby Rahal Lexus-Garnishee in possession of said vehicle, at 6305 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055, and a copy of above mentioned Writ of Execution was mailed to the defendant at his last known address, at which time the abovementioned vehicle and other personal property of John B. Niesley were levied upon. On February 27, 2003, Sheriff Sale Bills, with sale scheduled for Wednesday March 26, 2003 at 1 ! :00 A.M. were posted on the abovementioned vehicle at 6305 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. On March 26, 2003 at 11:00 A.M. at 6305 Carlisle Pike, Mechanicsburg, Pennsylvania a Sheriff's Sale was conducted at which time said vehicle was sold to Bobby Rahal Lexus, of 6305 Carlisle Pike, Mechanicsburg, Pennsylvania 17055 for the sum of $1.00, which was the highest bid received. ~/' 1~, ~omas K(in~ Sheriff SHERIFF'S SALE BY VIRTUE OF .WRIT OF EXECUTION NO. 2002- 4864 CIVIL TERM ISSUED OUT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON WEDNESDAY THE 26TM DAY OF MARCH 2003 AT 11:00 A.M., THE PROPERTY OF JOHN B. NIESLEY, AT, BOBBY RAHAL LEXUS, 6305 CARLISLE PIKE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWING PROPERTY TO WIT: 2002 LEXUS GS 300 MYSTIC SEA GREEN VIN. NO. JT8BD69S520151857 R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold one 2002 Lexus GS 300 Sedan, Vin. No. JT8BD69s52015 1857, to Bobby Rahal Lexus, 6305 Carlisle Pike, Mechanicsburg, Pennsylvania 17055, for the sum of $1.00, it being the higest bid and price quoted for the same. Date and Time of sale, Wednesday March 26, 2003 at 11:00 A.M.E.D.S.T., at 6305 Carlisle Pike, Mechanicsburg, Pennsylvania. Sworn and Subscribed to before me this ~--..~. Car'i, ro .umt, and ' '/R. Thomas Kh'ne', Sheriff (A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE OF FIFTY-FIVE DOLLARS ($55.00) (B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. (c) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED 1N HIS OFFICE ON THE 31 ST DAY OF MARCH 2003 NOT LATER THAN FIVE (5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED WITHIN THE TEN (10) DAYS THEREAFTER. TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL PROPERTY SEIZED AND TAK_F. ~N IN EXECUTION AS PROPERTY OF JOHN B. NIESLEY, AT, BOBBY RAHAL LEXUS, 6305 CARLISLE PIKE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013