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Home My WebLink About00-00170 ~ .~ ,~ . - ,."~,, MORLAND, GOLDSTEIN & NATHAN, P.C. BY: ROBERT S. GOLDSTEIN, ESQUIRE DANIEL RUCKET, ESQUIRE I.D. Nos.: 54216 & 70009 One Jenkint0Wll Station 115 West AVeRue, Suite 206 JenkintoWll, PA 19046 (215) 885-9200 ATTORNEYS FOR PLAINTIFF, A.I. CREDIT CORP. A.I. CREDIT CORP. 160 Water Street New York, NY 10038 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. HARRISBURG TAXICAB AND BAGGAGE COMPANYd/b/a HARRISBURG TAXICAB & BAGGAGE 50 Market Street Lemoyne, P A 17043 NO. 2afTO - 170 (l~ J t.>-- Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17103 (717) 249-3166 ':..~.... '" "I i MORLAND, GOLDSTEIN & NATHAN, P.C. BY: ROBERT S. GOLDSTEIN, ESQUIRE DANIEL RUCKET, ESQUIRE I.D. Nos.: 54216 & 70009 One JenkintownStation 115 West Avenue, Suite 206 J enkintown, P A 19046 (215) 885-9200 AI. CImDlT C<>ID'. 160 Water Street New York, NY 10038 Plaintiff, ATTORNEYS FOR PLAINTIFF, A.I. CREDIT CORP. CUMBERLANDCOONTY COURT OF COM\WON PLEAS v. HARRISBURG TAXICAB AND BAGGAGE COMPANYd/b/a HARRISBURG TAXICAB & BAGGAGE 50 Market Street Lemoyne, P A 17043 NO. ;21Jl!"'t). / 70 Cun:.i 1 J--- Defendant. COMPLAINT Plaintiff, AI. CREDIT CORP., by and through counsel, Murland, Goldstein & Nathan, P.C., complains of Defendant, HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE, as follows: 1. Plaintiff, AI. CREDIT CORP. ("A.I. CREDIT"), is a New Hampshire corporation with a principal place of business at 160 Water Street, New York, New York. A.I. CREDIT is authorized to do business in the Commonwealth of Pennsylvania. 2. A.I. CREDIT is a premium finance company within the meaning of 40 Pa.C.S.A. g 3302. 3. Defendant, HARRISBURG TAXICAB AND BAGGAGE COMPANY - - , ~"!<;- d/b/a HARRISBURG TAXICAB & BAGGAGE ("Defendant"), is a Pennsylvania corporation, with a place of business at 50 Market Street, Lemoyne, Cumberland County, Pennsylvania. 4. On or about February 4, 1998, Defendant executed a Premium Finance Agreement # 01-008-0120025-2 ("Agreement") to obtain financing for Defendant's purchase of certm'ft insurance policies ("Policies"). A true and correct copy of the Agreement is attached to this Complaint, marked as Exhibit "A", and incorporated by reference. 5. In the Agreement, AI. CREDIT agreed to lend Defendant the sum of One Hundred Sixty-Eight Thousand Seven Hundred Nine ($168,709.00) Dollars, at eight and thirteen one-hundredths (8.13%) percent interest per annum, payable in nine (9) monthly installments. 6. Pursuant to the Agreement, on or about February 2, 1998, AI. CREDIT issued the sum of One Hundred Sixty-Eight Thousand Seven Hundred Nine ($168,709.00) Dollars for the purchase of the Policies. 7. On or about September 21, 1998, Defendant made a payment in the amount of Nineteen Thousand Three Hundred Ninety-Four Dollars Eighty-Eight ($19,394.88) Cents. 8. On or about September 25, 1998, Defendant made a payment in the amount of Nineteen Thousand Three Hundred Ninety-Four Dollars Eighty-Eight ($19,394.88) Cents. Upon tendering this check for payment, it was returned by the bank. 9. AI; a result, AI. Credit notified the Defendant's insurance company of the Defendant's failure to make payments as required in the Agreement and the Defendant's insurance policies were canceled. 10. On or about November 19, 1998, AI. Credit received a payment in the amount of Nineteen Thousand Three Hundred Ninety-Four Dollars Eighty-Eight ($19,394.88) 2 --- ~ "'llio:_1 Cents. Upon tendering this check for payment, it was returned by the banl{. 11. The Defendant failed to make its monthly payments to A.I. Credit in a timely manner. 12. The last payment actually received by AI. Credit was September 21,1998. 13. On or about December 8, 1998, AI. Credit received return premiums totaling Twenty Thousand Three Hundred Sixty-Four Dollars Sixty-Two ($20, 364.62) Cents. 14. Defendant remains obligated to AI. Credit in the amount of Eighteen Thousand Four Hundred Ten Dollars Fourteen ($18,410.14) Cents. 15. Pursuant to the Agreement, Defendant owes to AI. Credit late fees in the amount of Nine Hundred Ninety-Nine Dollars Seventy-Four ($999.74) Cents. 16. As of December 31, 1999, Defendant owes to AI. Credit interest in the amount of Two Thousand Two Hundred Fifty-One Dollars Eighty-Nine ($2,251.89) Cents, calculated at the contract interest rate. 17. Interest continues to accrue at a rate of Four Dollars Ten ($4.10) Cents per day. 18. There are no other set-offs known to A.I. Credit. 19. Despite repeated demand, Defendant has refused and continues to refuse to pay all of the Twenty One Thousand Six Hundred Sixty-One Dollars Seventy-Seven ($21,661.77) Cents to AI. Credit. COUNT I BREACH OF CONTRACT 20. AI. CREDIT incorporates Paragraphs 1 through 19 as if fully restated. 3 . . ~" ""l '~'" 21. Defendant breached the Agreement in that it failed to make payments due thereunder. 22. As of December 31, 1999, pursuant to the Agreement, Defendant was obligated to AI. CREDIT in the amount Twenty One Thousand Six Hundred Sixty-One Dollars Seventy-Seven ($21,661.77) Cents, broken down as follows: a. unpaid principal: $18,410.14 b. interest: $ 2,251.89 c. late fees: $ 999.74 23. By letter dated May 13, 1999, AI. CREDIT demanded payment. A true and correct copy of the May 13, 1999 letter is attached to this Complaint, marked as Exhibit "B", and incorporated by reference. 24. AI. CREDIT is entitled to receive interest at the contract interest rate of eight and thirteen one-hundredths (8.13%) percent per annum on the past due balance from December 31,1999, until the date of judgment in this matter. Interest accrues at Four Dollars Ten ($4.10) Cents per day. 25. As set forth in the Agreement, AI. CREDIT is entitled to receive the attorney's fees and costs it incurs in the prosecution of this matter. 26. AI. CREDIT has given credit to Defendant for all payments and return premiums received. 27. There no other set-offs known to AI. CREDIT. 28. Despite demand, Defendant has refused and continues to refuse to pay the Twenty One Thousand Six Hundred Sixty-One Dollars Seventy-Seven ($21,661.77) Cents, plus 4 " additional accrued interest, due and owing to AI. CREDIT. WHEREFORE, Plaintiff, AI. CREDIT CORP., requests that the Court enter judgment in its favor and against Defendant, HARRISBURG TAXICAB AND BAGGAGE COMPANYd/b/a HARRISBURG TAXICAB & BAGGAGE, for: a. Damages in the amount of Twenty One Thousand Six Hundred Sixty-One Dollars Seventy-Seven ($21,661.77) Cents, broken down as follows: (1) Eighteen Thousand Four Hundred Ten Dollars Fourteen ($18,410.14) Cents in amounts owed to AI. CREDIT; (2) Contractual late fees in the amount of Nine Hundred Ninety- Nine Dollars Seventy-Four ($999.74) Cents; (3) Contractual interest, in the amount of Two Thousand Two Hundred Fifty-One Dollars Eighty-Nine ($2,251.89) Cents, calculated at the contract interest rate of eight and thirteen one-hundredths (8.13%) percent, from September 21, 1998 until December 31, 1999; b. Contract attorneys' fees of Five Hundred ($500.00) Dollars for the preparation of this Complaint, plus additional attorney's fees incurred hereafter; c. Additional interest shall accrue from December 31, 1999, until the date of final judgment at Four Dollars Ten ($4.10) Cents per day; d. Interest shall continue to accrue from the date of fmal judgment, at Four Dollars Ten ($4.10) Cents per day until date of actual payment; and e. Such other relief as the Court deems appropriate. 5 - "" ".~JM~ "" - ~ ~, ~ ~'""."",~, COUNT II UNJUST ENRICHMENT 29. A.I. CREDIT incorporates Paragraphs 1 through 28 as if fully restated. 30. As a result of the Defendant's actions and inaction's, Defendant has been unjustly enriched. WHEREFORE, Plaintiff, A.I. CREDIT CORP., requests that the Court enter judgment in its favor and against Defendant, HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE, for compensatory damages in the amount of Twenty One Thousand Six Hundred Sixty-One Dollars Seventy-Seven ($21,661.77) Cents, plus interest, costs, and such further relief as this Court deems appropriate. Respectfully submitted, MURLAND, GOLDSTEIN & NATHAN, P.C. DATE: \L.\-~~ ~Y: k~\I ) ROBER . GOLDSTEIN DANIEL J. RUCKET Attorneys for Plaintiff 6 --, . ., '_, k _. ~ " VERIFICATION I, JOAN STRATTON, hereby verifY that I am an officer of Plaintiff AI. CREDIT CORP., that I am authorized to make this Verification on its behalf and that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and subject to the penalties of 18 Pa.C.S.A g 4904, relating to unsworn falsification to authorities. AI. CREDIT CORP. By: ~~ J STRATTON, Director of Litigation Recovery DATE: /,>--)",-4'1 L,1.J PREMIUM FINANCE AGREEMENT DISCL.OSURE ST A TtMENT AND SECURITY AGREEMENT (:-II, u= 'PFOO81 (/lC uc=#~) ~'''--",' "l_~...;, ... .~ -=,,-- . A.L Credit Co,!>-ISO W>I"'~ N<w Yorl; NY1003ll (212,) ~ Of HI~'-3450 1900 Sry>ll StreOl, 0.110<, TXl~1 (214) ~ Of '~1443 80 Pine Street. Now Vorl; NY I~ {212177M 194 or, 800 3"'l 7llSO t 177 A",. 01 Am.ncu, tI...,Yol1<, NY 10034 (212l~1l-71n 0( '~.7365 o AlCCO In.. m SotAh flQU= su.ol.l.o< AAg.I... CA 1lOO17 (213) 6S9-3eoo CCA UoollS< '97S914S) A TOTAL. PREMIUMS $188,565.00 . /NSUREDIBORROWER IAcclNo. 1'1' I )(/Q,}S B CASH DOWN PAYMENT REQUIRED $19,856.00 (N.""'. Add..... an. ToIop""'. N.."bet) Hamsburg Taxi...n & Baggage 717238.7252 C AMOUNT FINANCED (The amount at Credit 50 M.l~<:t Str.el provtded to insured or on Its behalf) $169,709.00 Lorno)'na PA 17043 0 FINANCE CHARGE (Dollar amount credit will cost) $5,844,92 ANNUALI'ERCENlAGe RATE 11.13% E FLORIDA OOCUMENTARY STAMP TAX $0.00 (Cost of cre<llt f\Slured .. . Y'l'lny 1':llO) TOTAL OF PAYMENTS $174,553.92 PAYMENT SCHEDULE F (Amoun\$ whIch Will ~ave been paid AlncUt',t of Numb<<' 01 P.ymonts 1:>l~~etII Fuw Poym<nI aller making all sche<luled !!><h Poymanl AlIn""l Cllr1y I Mlhly Oue Due paymen1S) $19.$94.88 I 19 3/10/98 11/10/98 SCHEOULE OF POLICIES (Col'll/nue Schedule on A!lachment It Necessary) , PoliC1 Numb<<' end FuU NlIll1e of Jr.ou"",~ Compony. Name TjllOof AUd~ Minimum Tomtln Elledlvo 0:zI0 Polley ,"",""" Prof", and Add..... or Pollcy I_log AgBnl or Policy Into CoY..,. MI DIY Pl'Qn'\lums Compony Offlce To Whiclt Promium io P..~ prtmium . Eom (_"o) . "....,. I(, 3ft{ \?5~(p '\ SEE SCHEDULE 'A' ., . '(AR=ASSIGNED RISK). (A=AUDITABLE), (LS=LOSS SENSiTIVE) ITOTAlPI:eMIUMS I $188,565.00 (ROOOld in 'A"l 1 .,"-". Wh.", 1M word 'PcllCy" or 'ponclea" Is USOd In 1111$ Ag....",.nt, l ~ mo po11c!Gfi. Ik:lQd ;,bcWQ in U\t S.c:l\Qdult of porteloe, Where tho wool "you, )"U', or AICCO'1s used In !hi. A9r..m.... ~ "..,..,. A.I. Crvdit ccop. or AICCO Inc. Co< ellccl:od ......). Wht;MQf QlQ WOtQC -... Of .me~ tire uDed In thie ~ent. it CI'lC3n3 lno undorolQned InsUlod. w~ie~ 1. c ..mmordal cnlIty. AGRE9ll!NT O~ I/lSURZ!l> THE NAMED INSURED HeRESY AGREES: 1.In "".....do....oon .11110 pr.mlum poyrnenls bein9 ",,"IT"'" by~u to tho 8bcv. ;n"''''nco oomplIl1)'U") On nTf~. I promioc 10 P3y to)'Out ordort!\o TOTAL OF PAYMENTS ta be ll\lIcl<inaccord.ncewill\ 1110 PAY. MENT SCHEOUlE. .ubj<>;! tc Iht pre".;o". t<<10<1ll1n tItls ~mont. 2, a.lf thQro is. an .mol.lntltsted 8e. "BrQJ(lrs F.e"in \he Scheduleof' Po[iciss fISted '6bove; d'lle te-e D ehc~ under S<lC'tion 2119 af the New YOl"k ln3lKllnct Lawortl-lll ~W, i(~y. oftS'le1:bteIn ..nicl11 r"", This rM 10 cnargod for cbl!lnlng ""~ OlMe'''ll tho POlicy or .....1ll111. rl"" (0 ..lnsuted under lh. PcflOl'rosIcl... b.A fOQ or none . Which 1(; no\ btalng ttrt01\oed. has betJ'\ ohargod uMer 11\. P'"","Ol\C 01 the.. Lom. II none haa beet1 cl1Otgo<l. tho ~rd .no.....I. ",,0,,",. NOTIC/!: S.eOthOl SIde For AddilloOllllmpert3nl Infonmtion. POWER O~ A1TORNEY The in..~ oppoinb A1CCO itS A~orn<y~"'fcct wilh IIJit cUlhonty 10 Cl5ncd- the in:Jurtnce po~ lInDn~ her'it) fer nonp3ymlnt 0( 11'\c:t:l.l~ trtent:t as stt forth in th~ Agme.mtnl THE INSURED AGRE.ES TO THE. PROVISIONS ABOVe AND ON THE. REveRSE SIDE OR PAGE 2 (SEPARATE SIGNATURE REaUIRED) -- Oa\o Ale: GEN-1A (3J~) -.;> F20 IMPORTANT NOTIC!! TO INSUIlED NonCE: 1.00 not sign 1bi$Ag~ bcfoto you f~ k or tf It ~on.. bFft$ uoy b!.nk <pK<S. %. You 3.. mtltIo<I.... _retoly nUe<I.... ""py 01 this Ag_1 at 11\. \lI\)O)'OU sign. S,Undo, u.o law. you h""OIM right 10 pay orr In .<N.nco \he full II1lOUrrt dut .nd under .,rt3in con~klOl\lIO oblain a par1lat refund Of\lle ...ance e1tvge, 4.><o4p your COpY ol\his Ag,oemont to proteet )'Our ~al rights. AGENT M BROI<EIl Dilks Agency, The BUSINESS ADDRESS 521 F.llowshlp Road Suite 130 loll .U1ur<l' NJ 08054 AClReI!MeNTS OF AG~tlT OR 8R01(ER Th. Agenl or 6roi<ef Un<J...ign<d: 1.P..pr.....-rts ""~ wIllranls .s fonow.: (~ to the bcsI of tho un~orsigned'. l<MModg. ond belief. Ill< insurcd's sOgllllWro .. gsnulne or, to Ill. Clolonl pennilt<<l by llf'l>Iicebl. law. the undors!Qncd Agtrlt C( Srclto< f\3S ceen ou'.Ilorttod (It\Y>\"l6ng) bylho Insuro<llDslgnlhl. "9--.ten \holrbol'loll. (h) tho lnaillld h.,; _. .o'i"lolthi.~l, (0) lho:schedu"'d Pol\ci.tc atQ 1" tun rQroo;'M <<feet tnd th. pt.mitJms Indtc..-t.d Vletefc(e .Ill 00"001, (d) lhslnsura<l rrwy ..ncot.1 sel\eduled poI"~ irnmediotdy upen reQU9St, C.) nor.e or U'Ie Poicles scl1o:du1ed in the Agreement.rt non- catloeIob1e. cn~ CPl!llp,dftl~ down P'}'lI\en\ due at Pelley il\cOplion in tlIe IIllOUtlt of S.L..J17.:.!f'. and inslllIImcnts due on haVe bMn col~ ond fie btjng rc\clnod by.... 2.Upcn csncellalion of llIl)' clllt. schedulod PoJ<c:los. 1/1< undersignod AgO>>! Of Sr""'" .gr...upcn d<mand 10 poy Ill)OU or)OUr =ll"e tholr commi=ion on ':!rrt lJn~rrwd ptDm(urnc :rppUClibtt: to V'le C4net<<<<f PCllfc:i.,. S.For e:aUfcmIo bIJslM",1l1. undotdgn... agGn1 Vo\1I.....,. Iran lIla'''''''', $ lor .1d'1l19 In adminblr<llion 01 Ill. p-.'IIm nno"... OQrotrnent r&~ to abo-v. prGmlums;. 4.Wmone!hll\ ~ Is lh. .u\~ l<-t iocu1ng"S'nt orth< I_CO COtlIf"I'I'" or In. bn>1<Or pl' CO\'e<'2Q' chdly l\lth the inouronce oc,"po on a1IIflO P loa ulod ....,.pI: Po cy .(o) ond Ad<frooa of P "'T1'ACH. =, .J. " ~; '.; =, " 3. C.ncdlali<>n. I \Xl<lerStInd tlc\1fl dQnoI.lR3I<t. ~'O!Itn~lodll< orll.",o\llo<wIoa In <lef.utlJl\dorW$llO'W"''''''. you-.lll"""':"yoolT fJC"IOt 01 ...,mOl"nd =neOllll. polley 10 OOO<><donOol """' !he pv.ioion3 _~ In o,e Agnlo<nW and 10 act In rrrt pIBoe with reQOnlllllllt PaGt:y. I und_Ill,1 bofo", you eaneel Ille PoGer, you v.ill mo, . 'Milton NOllco or In'",11o ~ \0 me 01 rrtj Iaol oddreoO 83:>hown en )Out '''''Ills. and lIl:lt Will .W1d a Nob ct Canodlalion 10 tholn.."""co CernP""y '/14 ... ",noelllog Illa Paftcy if I &loot """" the payment "'ot is .....nltJo 01 00,......... c",ov..odelwll with;" 10da.,. (13<loy$ in """. NYar.! Ut>II, 1S......'" klohcOllll p....,~nla). ... Monoy Rocelvod Al'lor COt\calllltlon. If you ~ a poymentall.r you ...d the Nclic:o of C.ncollallon, you lNIy lIPpIy ~ to ""'011..... ..;motA d\allging any or )OU' I1ghlS und., 0,11 AIlra<<ren!. An...1l1c PolK;y is cancolfe<l (\ollel!llt' by you or by me or by 'nyone el6e). you hove 111. rigl1llo AQfive an ,otun~ qf untGf?led pRlT\iYrM and tQ liPS*; thcttt to '4'trIt is IJOFIa. 1f tM r.n.md ~ tr\.OrtI than I OWD, you 'M1( I'ttUm ta me only wh:It Is r.tt wr onomounlA 4~ lI<\4o( 0,;" Ag........"t ano p," In full. II"'" r<IIund Is Ieaa lt12t' I _.1 wlJI pay you the diff....e.. You may oct in "'1 plaoe ID do """"Jl~r b ncee.sM1Y to c:dled ::!l.J'Ch rcfuOds. The lrt$uranOCl Company me)" n!1y on ~ you tcQ them rtQ3td1ng the parleY: It ClOGS nOC t'QYO kI g.t J.l1)" proof from me Of ::r;~ne cl:oc. S. Ctnoollatlon e~rge. If a~' def2ult Mu.tts in the eaneelbfion of the Pol~y. I ~ree to pay a c:lncetlaUon ehl~ in aoeordenoe with ~pP(lCab" Jaw, 6, Returned Cheek Ch-arge. It ~ny p3'JT1'lentmad6 b)tOf'lecK i!) retUl'Md rOt anyre3'$bn.1 'MIl be ch2tgedN ma;dmum f64, it;ny, pemv"ttt4 uoder applielble I~. 7. Pdoult. If any cI tholoOo..;"g ~tppet\>: a. A payrMftt i$ N)( mdb when it: i:s due:. b. A proceecfinQ in bl!l"lbuptcy, r=:~rship.lnf.olwncy 0( cmlbr proc.tdlng .. iOitKute-d by or ~9!irm me: or Co I t.~ 10 keep ""i pn>m'oee I tnol<:e In lhi~ ^ar_""~ \,,;a be in cleloulr. prcYld-d ~0Yf"""'. '"".lOthe-. prcMded byapcf.ool>le 1....I""'i be held 10 beln do""" onlyupcn... ocourrencoo'", wolll d~inc:lou"('l.be~. ltSlm(b)arol{e)Mtop!,<<oobloinFIo(do. ' .. tecurlty. To ~e payment of all amoQnta due under this AgiWn\ori.l ~ign you . sec:ur1tif il'l!ere::t in the pcrct. ~ng (btn C/fIftlo the ~ pof!l\itltd by o.plicablala,,): 3, aU money ...,A,kh r.s or m~ bo dw m. boc:auu of;, lo~ under the Polley that redUeea the unc::Gl'Md pramiums (fNbi'Dct to the irrteN'Qt of 'ny oppl">C:l!ll.~o,~~); b. any ratum'oIlho promIu'!\ rOlllla Polley; ,/'d Co dMdflC"Icf~ whicn m;y ~omQ dlM It'lt in oonntx:.lion willh the Policy. 9. Right 10 Otmancllmmtdi:llt Payment In 'ull. At any Umo JlIet d_, you an dCl1l!l~ ond ""'tine right'" """"" 1rtlJTl(ldl:Jb> poymtnl (__1'110 the <:l<\O!Ilolhemls4 ","",doc! by .pp1Itoll'" l:lw.ln whle~ .... y~ Wi\I ha..lho rfshl '" rec<M: sue!, l"')TllOOlln >C<<lnl:>nc>o Mh ""coltY/J cflholotol unJl'id blbnco QUO undor INs AS,..m..1 even If you haYo not received any telund of vn""""d pr<1I1iulll. 10bnyPayment. AI..y~me.1 maypaytho~ omounlOllR unpolcl. UI poyllul Mornc<Jllt bo~~ i. d<lc, I wlIbegi"e". refllnd forI.... vneomed 1'"..."", Chorg. computed by tha "'othod 01 muM.. '"'lUlt'" by apPlleablelow. -<RuJe-of 7811I method 01 ",rund in """" 11.A"lllnl"/\Of1t<. I may.nol<losign 1hcl'or..y with.ut your WI\lIcn .".,....... Hcwev.... I do nol need yourvnllt<n """,en! '" odd moJ1g~ or _ ~r. sons as loss ~ YOU may trMsfer)'QUr righta undtr trllc AgrClOfnol'\t to anyon. wiU'l.o~t tr;f eot\knl AU of your righb 3~Z1n inure to the DtnQnt or yout 8oooessor8 end ~~e, 12.Collet1ion. K lI\Clley is due ~d If.iI \0 I"y, "to" m>y oonoet 111. unp:o'd boi:l""af,OIO ",a """'olll......... \0 Ille ~ inlaid gr>nl<d und.,1No Agm:menl 13.J...:ato Ch.ar9~ Upon cLtrw.ult in gl!ym&nt of iIIny ~lImtnb fot Avt days (or ~ StQQter number of cfB)'8 requil'ad by .P9\ieeb(e Itw>, I ~grec to p.ay a tate ch2rg.e-in accordance wflh epgljCllblo taw. In no cr.-ent ahaU such latA chouge Q)(oeed' a m:aximu", or s" of ~ueh ~nmtnt. ($5 ma:.amum tn Mcnlllna. S., ct itGtol!lnent in T<XOll """ M~usottl;). 14.Fln..... Ch"9'" ,..... fin2l\e.. ch",S& beiio. Ie ocelllO on the ...rfoeol crt"""," dab: of the ponQI.. shown In tno S<hed\lle 01 PolIeies obo-<e. 1S.Your Atlo'lIeY's Fe"" If yeu h~ on atramoy /.miclI1o no! your ..i:lrled employ..) lo cclle<lany mon.y I cwo undor lhi. Agreement. I will I"y \1101 OlIDm.y'. st3Mory roes""d COl:ll:~.na 10 \h..,wnt p,,,.nilllld by oppl1otblelow. (Not opp!lcoble in MaJne.) ".Ase"' 0' Broh', WhIle the agent., broker .ubm~ lllis Agt...,,,,,1 ""'Y be .coep~"9 the down pllymerHn 1<"'r behalf. \ o<I>1owtedge um auen ogo!ll Cl b(QI(tt i. not your agenl and COMot logol!)' blnd JWln 2Trf WOY (_110 tl'oo _ eq>rosoly p'lMded by appC""'Oloiow). 17 Am""dtqla. If .....'""uran.. CC<1troct to. no! bo<n 108ll<<l ot the lime cfthe 3lgnins of lhisAgr<amenr. you may. 10 1l10llX1enl p.nnilted I>f oppliCObk! 'gin. ~ 111Q rrarr.e 01 \."'rirr inauranets ((lmper>>es ~"itlo &'lc poftcie:s -.n4 the ~ic:y num'bor;. "'\hC"J a1ft hOt lu\own whM 1 ~n \hi$ AQl'e:c:menl, -and the dut: d::lt~ or the fir'it ins=rlmen.t. No oth:r blanlc Should eppe:ar on the to"'" 8'Ref I cis" h. 18.E1fec11ve Dole, This Agnooment ";0 no! SO intO .!toct ur<<U r IG OCCtpl\ld l>f)'Cu In wlilil1ll'. =epUn lIle sto\. of T.... and tno S1>t> of C>llfcrnlo. In tho S\aIll ot ,."""", .ny une=plllblt premium nnah~ _ent ~ by 1<'" mutt be roMnOd within th.... (:3) wcr1d~ day" of yClJr receipt. Your Ion",.. 1D rotum ""eh AlI"'","enl wI1I be """mod aOC<p\ona. In \ho STahl of eonrom;', I snail have \ho right 10 4Io4_!hie Agreement Ie, Ion (10) d,l'" an... a<><:c9tanoo by)'Cu II o,e Agr....enl "",tamed my blank "",eo ~.o . _ ...cutO<l by me (or.n my be"'lf) end alJ<h bltnk opoea w;s SlIJbG.oquQnttt fiDed in. 1.9JWd~ PoUciu. If any pcr..y in tho SctlOd1JIe of poidos Is an oU<fn or reporling form Pc6q. and ~ such poC.;.. are ...eollOd, \ "".... to ~ 10 you. en 4omand'!her ~lrrQ(enco holW~ ...mtrl the insurenQ: comosny et.Ims 0I"l the Policy 211"ld the :lmount at' lM prQmium ~ mldc by you tI'\a~ the msuQnQe c.ompony dots not (tIrund to you. ~O.Ati<en...lnsureds. Foi A11<an=i,,"",OdG. tnla ecn\roet 10 goveme<l bylhe lOwS oItha STare of TexM. %1.Wbc-cMln lni.\1rtds, Fer WIgeOMln tM:..JrClh. thb ~rKl"ld.1; gaverred. by tho. t\'H'; of ~e Stat" (l'( Wi~. 22.Georgi, llusfnoss. Payrnon\ of 21>10l<8t ree Is p,ohibltod In th. Slota of Ge<<gio. 23.SlgtUlute and )\l:knowle<lgel'l"lC<1l. I havo .:gnod and roo%Iod . eopy or lllis N;jrolll11ool. If lI\elnsured Is 0 corporation, I am an Ollieor or 1Ila: oorporalion otJ\hcrltOd to oIgn \hi. Agroomont If Ih. lnourod l; ncto eorpcra'.icn. oR Iheln.ured. r>Oled in ony Pclicy ~ signed. 1_~ 'nd undel3W\d that lrr:svr.ute8 premium l1nanolng law doet not roqulre an In!1Jred to enter into a gromil..ltn n.,anclng :il.grQemQOt as :iI. cond'"dion of the pu","".. clany lnauraneo poI'q, z.4.(;ofdvm' In do. FOR INF ;r 0 CORPORATIONS, STA1'E OF CALIFORNIA. ~t.) A.1. CREDIT CORP. SCHEl:lULE A SCHEDULE 01' POUCIES INSUREn:H~rrlsb"rg T:.xlcab & 8al'l'Jalle L;';;';;;;'-I:<rU1~ r"ll Pl'e~);i M\: {.aem'~3 COm I lYG clo E - roll. I I ~~, IS,,"""rg.F'"I I ! 1 ,.,TTACHeD ~O A D f8"MiN~ PART or- PREMIUM FINANCE AGFtEEMEN1Jf,T: " OA"rE: '" ,t/; .J ' , CATE: ' ,'if /'- y..zd.,"'" ~~/.id. . GY: / SlCNATURE OF IN 'lfl"QiSI OR AGF.NT '"'r: SIOI'lATlJR". 'f"n.E or- A",et f....' aROI<JZR ON: 'THCIR O~ At., (to 1lk.1:bl1t p~m " by ~ SlGNA(J' UR' f Me AND Nt:: !NSUf'(1l0 !>.e<lU!REll AI\) CEN.VIi] I ;/ P>G.il<~ ~~ ",Ije?-j' . "'- t't1~ c11t!9Jt'lllrlO: CQmp#lf, Ntune TW'ol A~ M\'iimum. To""m I Eft"';; IldtSfe"'''''' or Folley !~\nr9 Agtm or Polley ~1(~ ~","", !oj I C C:N<&-~ ,pl9!"\"{ Otf~ Til',I ~'hh:f'2 P'''''l'll\ll'n J'tP P.:4 Pto\mifll'M . E.", ,""". I - , % JfiSUrJnt.'1:: c~. A\JT 12 ! 218t CJrt)'!~lr.:.~",'3Ilr'll."1 ,Oiik>~.~.TM I Po!lC'/F~ ! I ",o.tee ==:]"""" ! Y P!~\lfflIi _1 <s~ $W,uMO S1.0c0..oo 'f2,m.OIJ V,MdL___ - . ::/'~ ._~. > A.I. Credit Corp. J60 \\'uleI'Stre('{ Ne\\' }lll'k. New yiwk /00384921 < :\AICredit . ,''''\\AIGCO , _.!..~ _.';':~;....-:~~ .:-:;\..~""....:,@ Tdel'lroll(,: Toll Free: Fox: 2/2 -128 5500 800 22/ 3-150 211-1185599 May 13 1999 . ' Harrisburg Ta."icab & Baggage 50 ]\.larket Street Lemoyne, FL 17043 Re: Premium Finance Agreement A.I..Credic Corp./ AICCO A.C. #: 01-008-012025-2 Balance Due: $19,409.88 Dear Sir/Madam: You have previously been contacted by representatives of 1\.1. Credit Corp.! l\ICCO with respect to the delinquent state of the ahove account. Since you have failed to respond to previous request for payment, this account has been referred to me for enforcement of A.1. Credit Corp'; AICCO's legal rights under the terms of the Premium Finance Agreement. At this time, 1 must insist that you forward payment in the slim of $ 19.409.88 via an overnight express carrier so as to arrive at this office no later than Mav 24. ] 999. Failure to do so \villleave us with no alternative hut to exercise those leg,ll rights under the Premium Finance Agreement which we determine to be in the best interest of AI. Credit Corp'; A1CCO. which will include a claim for interest and attorney's fees as provided for under the terms of the Premium finance Agreement. Very truly yours, ~ '..- ;~:t.. G. -(.,' -~.,..<--- Paul Raymond Cohen, Esq. Vice President Portfolio Management PRC/df AlP'1l\. It Mt'mh(!r COlllfJl11/Y (If 'iI~ .., ,\"u,,.inJ.ff bllt'OUlriolla! Grm,p, file r-..~IIiIIll/il.aIli_~~~M'oi!lli<IW!;;klW~....~_~am. ' "-~~~, ,,-,.......--........ ...........,~'"' () 0 0 C 0 ? "T, -U;=:-=; '-- :::;:1 m'~ :f..... ~gj ~ i";~;1J ",'l.- c{} S;; 0 .~:Q f'1 ~ ~- "'17 2'6 -::)C) ~C) ""0 "---1,_ ~ - '7" ~ ~ r5-rJ 5>8 ~:s:>-O "";;:rn C, ~ -~ s:- 5:; ():) -, ~ if '" ,.. ti!> ~ ~ ~\ f ~ ~ ~ f.: r \} 1 '. ~ \'; ,,", .-] J .. :jU ~ r~ ":>~ :%~ It, "'" '-" 00. vlel ss t I 11~\ ,. j.,,;..;p :L:!ib:''r\'.; . ;._~~\'"~qQ '_ ~ \ .:1 '.I ..:J'" I .1.. J;;.>- ill . ~ ""' ~~~~, SHERIFF'S RETURN - REGULAR CASE NO: 2000-00170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND A I CREDIT CORP VS HARRISBURG TAXICAB & BAG CO KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT was served upon HARRISBURG TAXICAB & BAGD CO D/B/A HBG TAXICAB & BAGGAGE the DEFENDANT , at 0010:50 HOURS, on the 12th day of January 2000 at 50 MARKET ST LEMOYNE, PA 17043 by handing to TIFFANY BINGAMAN (ADMIN. ASST) a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So A?~~e 18.00 9.92 .00 10.00 .00 37.92 R. Thomas Kline 01/14/2000 MURLAND, GOLDSTEIN & NATHAN Sworn and Subscribed to before By: <~h~ me this ,}~ day of j,,__l1.u.-c, ~ A.D. I ~ 0 ~.~- Prothonotary - ~,...~.., . - _'c_J' A.I. CREDIT CORP., : IN THE COURT OF COMMON PLEAS Plaintiff/Counterclaim Defendant : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 170 CIVIL TERM HARRISBURG TAX1CAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAX1CAB & BAGGAGE, Defendant/Counterclaimant CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS 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. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013-3387 Telephone: (717) 249-3166 Date: ,!) ~ / t ' ? t:>/)o -....>.- ~~~"""""""',.",~'-, A.I. CREDIT CORP., IN THE COURT OF COMMON PLEAS Plaintiff/Counterclaim Defendant : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 170 CIVIL TERM HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE, DefendantlCounterclaimant CIVIL ACTION - LAW TO: A.I. Credit Corp. c/o Robert S. Goldstein, Esquire and Daniel J. Ruckett, Esquire MORLAND, GOLDSTEIN & NATHAN, P.C. One Jenkintown Station 1I5 West Avenue, Suite 206 Jenkintown, PA 19046 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted, Date:rl- - It. - '200(.) imant ,,~ -'lilIl__oJw,,,c' A.!. CREDIT CORP., Plaintiff/Counterclaim Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 170 CIVIL TERM HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE, Defendfl1lt/Counterclaimant CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendant, Harrisburg Taxicab and Baggage, Inc., by and through its attorney, John F. Lyons, Esquire and respectfully responds and avers as follows: I. Admitted in part and denied in part. Defendant will admit the identity and address of Plaintiff. Defendant, after reasonable investigation, is without sufficient information to form a belief as to the truth of the remainder of the averments in Paragraph I and strict proof thereof is demanded at trial. 2. Denied. The averment of Paragraph 2 is a conclusion of law to which no responsive pleading is required. 3. Admitted. 4. Admitted. 5. Denied. The Agreement as a writing speaks for itself. To the extent the Plaintiff maintains that the Agreement contains a stated rate of interest rather than a disclosure of the cost of credit required by the Federal Truth in Lending laws, the same is denied. ","" ,__._ J... ~~, ...... _l........"'" 6. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of averment in Paragraph 6 and strict proof thereof is demanded at trial. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that Defendant made an additional payment in September, 1998. It is also admitted that one of its checks was not honored by the banle As averred in its New Matter, Defendant tendered a certified check for the dishonored draft which was accepted by Plaintiff and the banks. 9. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averment in Paragraph 9 and strict proof thereof is demanded at trial. By way of further denial, Defendant incorporates the averments set forth in its New Matter as if fully set forth herein. 10. Denied. Defendant believes, and therefore avers, that only one check tendered by Defendant was dishonored which check Defendant covered with a certified draft. II and 12. Denied. The Defendant made timely payments. The check for the installment payment made on or about September 25, 1998 was replaced in a timely manner. 13. Denied. Defendant believes, and therefore avers, that a payment was also made in November, 1998. 14. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averment in Paragraph 14. 2 .;,- ]~~u..,,~ 15. Denied. Defendant believes, and therefore avers, that it owes no late fees to Plaintiff. By way of further denial, Defendant maintains that the Agreement provides for the imposition of a late fee, which shall not exceed 5%, in accordance with applicable law. According to statute, insurance premium finance agreements may provide for the payment by insureds of a delinquency charge of $1.00 to a maximum of 5% . Since the contract fails to specify the amount, Defendant avers that Plaintiff is only entitled to $1.00, if anything. 16 and 17. Denied. The Agreement fails to specify an interest rate. The rate of interest referred to by Plaintiff in its Complaint is an annualized calculation required by law. The rate stated in the disclosure is not the agreed upon rate since the Agreement states no rate of interest to be imposed. Furthermore, Defendant believes the calculation of the Annual Percentage Rate (APR), as disclosed, is based upon additional fees and surcharges which have been stated as interest. Defendant also believes that the APR set forth in the disclosure is erroneous. 18. Denied. Defendant incorporates its averments as set forth in its New Matter and Counterclaim as if fully set forth herein. 19. Admitted. Defendant does not owe the sums demanded by Plaintiff. By way of further denial, Defendant incorporates by reference thereto the averments of its New Matter and Counterclaim hereinafter set forth. COUNT I 20. Defendant incorporates its responses to Paragraphs 1 through 19, inclusive, by reference thereto. 3 0'< " ~== ~"~~"",;; 21 through 24. Denied. Defendant incorporates its responses to Paragraphs 5 though 19 herein by reference thereto. By way of further denial, Defendant incorporates the averments of its New Matter and Counterclaim. 25. Denied. Pursuant to the Agreement upon which Plaintiffs cause of action is based, Defendant is required to pay statutory attorney's fees which are not existent in Pennsylvania. 26. Denied. After reasonable investigation, Defendant is without sufficient facts to form a reasonable belief as to the truth of the averment in Paragraph 26 and strict proof thereof is demanded at trial. By way of further denial, Defendant incorporates the averments of its New Matter and Counterclaim. 27. Denied. Defendant incorporates its responses to Paragraphs 5 through 19 and the averments of its New Matter and Counterclaim as if fully set forth herein. 28. Admitted. The Defendant denies owing Plaintiff the demanded sums. WHEREFORE, Defendant prays your Honorable Court deny the prayer of Plaintiff and enter judgment in Defendant's favor, plus costs of suit. COUNT II 29. Defendant incorporates by reference thereto its responses to the averments in Paragraphs 1 through 28 as if fully set forth herein. 30. Denied. Defendant incorporates its responses to the averments of Paragraphs 1 through 29 as if fully set forth herein. By way of further denial, Defendant incorporates the averments of its New Matter and Counterclaim. 4 ,=............"".,... ~" , - ~'. ,~~ ..~ , . ~ ~~l WHEREFORE, Defendant prays your Honorable Court deny the prayer of Plaintiff and enter judgment in its favor, plus costs of suit. NEW MATTER 31. The Premium Finance Agreements fails to comply with the provisions of the Insurance Premium Finance Company Act, 40 P.S. 93301, et seq., in that it fails to set forth an interest rate and fails to comply with Federal Truth in Lending Law requirements. 32. The Defendant believes, and therefore avers, that Plaintiff breached statutory and contractual requirements by failing to provide Defendant with written Notice of Intent to cancel or Notice of Cancellation at least 15 days prior to terminating the insurance coverages pursuant to the authority granted to Plaintiff in the Premium Finance Agreement. 33. Defendant believes, and therefore avers, that it made all payments required. 34. Defendant believes, and therefore avers, that, at a minimum, it made payments totalling One Hundred Fifty Five Thousand One Hundred Fifty Nine and 04/100 ($155,159.04) Dollars. 35. Defendant believes, and therefore avers, that Plaintiff, upon cancellation of the policy and receiving refund of premiums paid from the insurer, failed to prorate the premiums over the entire term of the policy and refund the difference in premium due to Defendant. 36. Prorating the premiums over the period the policy was in effect would entitle Plaintiff to receive approximately One Hundred Twenty Five Thousand Seven Hundred Ten ($125,710.00) Dollars. 5 -"""" ~I ~ -~;=,; 37. Defendant believes, and therefore avers, that it made at lease one additional installment in the amount of Nineteen Thousand Three Hundred Ninety Four and 85/100 ($19,394.85) Dollars which has not been credited by Plaintiff. 38. Defendant believes, and therefore avers, that Plaintiff must have cancelled its insurance policy in September or October, 1998. 39. Defendant believes, and therefore avers, that the policy was only effective for nine or ten months, rather than the contractual 12 month term. 40. Defendant believes, and therefore avers, that Plaintiff is engaged in unfair methods of competition and unfair or deceptive acts or practices in that Plaintiff did cancel the policy of insurance without providing written notice to Defendant of such cancellation as required by 40 P.S. !l1171.5(a)(9). COUNTERCLAIM HARRISBURG TAXICAB & BAGGAGE, INC. v. A.I. CREDIT CORP. 41. Defendant incorporates the averments of Paragraphs 31 through 40 of its New Matter as if fully set forth herein. 42. Plaintiff has been overpaid premiums or been refunded credits to which it was required to pay to Defendant in the amount of Forty Three Thousand Seven Hundred Eighty Four and 56/100 ($43,784.56) Dollars. 6 1.-- A' -, " ~~i--""",,-, 43. Plaintiff has failed to return the surplus of funds due within ten days as required by Pennsylvania law. WHEREFORE, Defendant/Counterclaimant requests judgment against Plaintiff/Counterclaim Defendant in the amount of Forty Three Thousand Seven Hundred Eighty Four and 56/100 ($43,784.56) Dollars, plus interest, costs of suit and attorney's fees. Respectfully submitted, Date: :? - It -pO By: J F Lyons, Esquire tto ey for Defend I alnut Street risburg, P A 1710 1 (717) 238-4777 (717) 238-4793 Telecopier LD. # 23859 7 1.-,. , - " , ~ ~ ~ "= ~""'-';17-'~,' VERIFICATION I, Clyde Bachert, President, being authorized to make such verification on behalf of Harrisburg Taxicab and Baggage Company, do hereby verify that. the statements made in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Harrisburg Taxicab and Baggage Company Date: a~7/~1 lQOD By: $~O~- C yd achert, President ~, ~~",. ~ -, ....,-.i~, "';',' CERTIFICATE OF SERVICE I, John F. Lyons, Esquire, attorney for Defendant, hereby certify that I have on the date shown below, served a copy of the foregoing Answer with New Matter and Counterclaim upon the following and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PAID Robert S. Goldstein, Esquire and Daniel Ruckett, Esquire MURLAND, GOLDSTEIN & NATHAN, P.C. One Jenkintown Station 115 West Avenue, Suite 206 Jenkintown, PA 19046 Date: ? - A; -00 terclaimant . """"'f'-'~"'"'~lWiIIll~f-Ilillili!iillltllill.~i<ISIIli<>~__;.m~_j,_",~";o,~-~;;arlil.J. u 1IIliIIiIiiiIII1~-'~. . ~""'~" "~~- n C)- C_J C C:::-, '''1 ;":" -c; .j [t1 ') , 1 I .. ':,"'::; , .- < , - , ., / , C" --l r.= :.=) --T'l , , , -~ " - - --,;-; ::'5 (.-:; c- ' :~-) r~n -- '--,,: ~Z ~]5 ::::.: I V -<: ~'_. . . , . . ,'" .- -''':, . '~,o- MURLAND, GGLDSTEIN& NATHAN, P.C. BY: ROBERT S. GOLDSTETI:I', ESQUIRE DANIEL RUCKET, ESQUIRE I.D. Nos.: 54216 & 70009 One Jenkintown Station 115 West Avenue, Suite 206 Jenkintown, PA 19046 (215) 885-9200 ATTORNEYS FOR PLAINTIFF, A.1. CREDIT CORP. A.1. CREDIT CORP. 160 Water Street New York, NY 10038 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. HARRISBURG TAXICAB AND BAGGAGE COMPANYd/b/a HARRISBURG TAXICAB & BAGGAGE 50 Market Street Lemoyne, P A 17043 NO. 2000 - 170 - Civil Term Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER. ANSWER TO COUNTERCLAIM AND NEW MATTER TO COUNTERCLAIM Plaintiff, A.I. Credit Corp., by and through it's attomeys, Murland, Goldstein & Nathan, P.C., files this Reply to Defendant's New Matter, Answer to Counterclaim and New Matter to Counterclaim, and avers as follows: REPLY TO NEW MATTER 31. Denied as a conclusion of law to which no response is required under the Rules of Civil Procedure. 32. Denied as a conclusion of law to which no response is required under the Rules of Civil Procedure. 33. Denied for the reasons set forth in Plaintiffs Complaint. " 34. Admitted. 35. Denied as a conclusion oflaw to which no response is required under the Rules of Civil Procedure. To the extent a response is required, Plaintiff denies that it had any obligation to prorate the premiums over the entire term and policy. By way of further answer, Plaintiff credited the Defendant with all premiums returned by the insurance company. 36. Denied as a conclusion oflaw to which no response is required under the Rules of Civil Procedure. To the extent a response is required, denied. 37. Denied. 38. Denied. By way of further answer, Plaintiff cancelled the insurance on November 2, 1998 for Defendant's failure to make payments due under the Agreement. 39. Denied. After reasonable investigation, Plaintiff is without information to form a belief as to the truth or falsity of the allegations in this paragraph and therefore denies same. Strict proof, if required, is demanded. 40. Denied as a conclusion of law to which no response is required under the Rules of Civil Procedure. WHEREFORE, Plaintiff, A.I. Credit Corp. demands judgment in its favor and against Defendant, Harrisburg Taxicab and Baggage Company d/b/a Harrisburg Taxicab and Baggage. ANSWER TO COUNTERCLAIM 41. Plaintiff incorporates the averments in Paragraphs 31 through 40 of its Reply to New Matter as fully set forth herein at length. 42. Denied. 43. Denied as a conclusion oflaw to which no response is required under the Rules of Civil Procedure. To the extent a response is required, denied. WHEREFORE, Plaintiff, A.I. Credit Corp. demands judgment in its favor and against Defendant, Harrisburg Taxicab and Baggage Company d/b/a Harrisburg Taxicab and Baggage. NEW MATTER TO COUNTERCLAIM 44. Defendant has failed to state a claim upon which relief may be granted. 45. Defendant's claims are barred by the applicable Statute of Limitations. 46. Defendant's claims are barred by waiver. 47. Defendant's claims are barred by the doctrine of equitable estoppeL 48. Defendant's claims are barred by it's unclean hands. 49. Defendant's claims are barred by laches. 50. Defendant's claims are barred by contract. WHEREFORE, Plaintiff, A.I. Credit Corp. demands judgment in its favor and against Defendant, Harrisburg Taxicab and Baggage Company d/b/a Harrisburg Taxicab and Baggage. Respectfully submitted, By: ~ ~C\) , DANIEL J. CKET, ESQUIRE Attorney for Plaintiff, A.I. Credit Corp. ~~ :-"~w.li I H:I VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Daniel J. Rucket, states that he is the attorney for Plaintiff, the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the Court, and verification of none of them can be obtained within the time allowed for the filing of the pleading; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. "~ 00 DA}UELJ.~KET,ESQUIRE Attorney for Plaintiff DATED: :!:>('Z--!1.J:>'SJ ^ ~...UtIii!lllll6liillllllllilll~"'-'"--_-'~I/iI_~ll""-.J-., ~ ~"~ - ~- . () 0 0 c: 0 .'" -~ :x "'- ::;r.l" "UQJ ~ rn,l""'"' "XJ :-:1= z:i1 , zc t :g~ (f~ d;, CJ'> (~ -<:.. ""C~ ~C -0 :r j ~() :x O~ 2> 5>~ '2 Om ~ W ~ (J1 '< " "-<' -" MURLAND, GOLDSTEIN & NATHAN, P.C. BY: ROBERT S. GOLDSTEIN, ESQUIRE DANIEL RUCKET, ESQUIRE I.D, Nos.: 54216 & 70009 One Jenkintown Station 115 West Avenue, Suite 206 Jenkintown, PA 19046 (215) 885-9200 ATTORNEYS FOR PLAINTIFF, A.I. CREDIT CORP. A.I. CREDIT CORP. 160 Water Street New York, NY 10038 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS JANUARY TERM 2000 ;i i v. I,! ,: Ii 'i HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE 50 Market Street Lemoyne, PA 17043 NO. 170 il 'I II fl ii i'j Defendant. CERTIFICATE OF SERVICE , !:i 'I 'i :i ,I u 'I The undersigned hereby certifies that a true and correct copy of PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER, ANSWER TO COUNTERCLAIM AND NEW MATTER TO COUNTERCLAIM was filed in the above-captioned matter and mailed on March 2, 2000 to the following person, by first class mail, postage prepaid: John F. Lyons, Esquire 112 Walnut Street Harrisburg, PA 17101 Respectfully submitted, .By: "P~L A~T' ESQUIRE '~=- - .------,-.;;~c ;;'ii~::.oo........l;W~ .J.~~ lIIliilliiw~-~ ~ ~ ~'ih\<l~'---' Os -~. ;': ,,,,,-~~._~ 1i-' I,'!. "; '" , " .0 c;:l ,0 ~, '0 "1"1 ,,:II: ';J.l:n V~ ;po L ~SJ ::;0 "\=-: - ~om 21;: w ~o-y ~Z" SO ~O ""'J :~c :+i ZO :;L: 0(') 2m --0 S >c: ~ N 55 + '< , --,"- J." I': MORLAND, GOLDSTEIN & NATHAN, P.C. BY: ROBERT S. GOLDSTEIN, ESQUIRE DANIEL RUCKET, ESQUIRE I.D. Nos.: 54216 & 70009 One Jenkintown Station 115 West Avenue, Suite 206 J enkintown, P A 19046 (215) 885-9200 I ATTORNEYS FOR PLAINTIFF, A.1. CREDIT CORP. :ri t;; Ii " I': ~ I) !~ A.1. CREDIT CORP. 160 Water Street New York, NY 10038 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS ,-I ~ -~ v. HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE 50 Market Street Lemoyne, P A 17043 NO. 2000-170 Civil Term Defendant. ,1 ~ l,' PRAECIPE TO WITHDRAW THE APPEARANCE OF DANIEL J. RUCKET. ESOUIRE AS ATTORNEY FOR PLAINTIFF I~ :: " TO THE PROTHONOTARY: Kindly withdraw the appearance of Daniel J. Rucket, Esquire, Attorney I.D. 70009, as counsel to Plaintiff in the above captioned matter. MORLAND, GOLDSTEIN AND NATHAN, P.C. DATE: \\\I.\CoClo . BY: }\ \) hCO DANIEL . UCKET, ESQUIRE ATTORNEY FOR PLAINTIFF . ~" - ~ >'~~wilil_""'-'liiiliIihilii ,~, - ~ol:il!IiI_~<i~,,'''''li:liw.,.,'''''''--~' ~'.L" ~',". c~ 0 0 0 c:: a -,OJ >> - ~. __oj -VCt:! 0 n1r!'r ~...:::: " ,,-- 2_"-,, Zr:::- r-: UJ..--::.:: 0> :_~~;1 -<:.,,- Ct:; >n b ;sji -=- 20 -4 --,") J>c co ;':::="Pn '-:::> Z ,'0 ~ ~ :0 ID -< ,-,,-, ^, 0"" . ",,' A.I. CREDIT CORP., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 170 CIVIL TERM HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE, Defendant CIVIL ACTION - LAW RULE " ' nJ't^' AND NOW, this Z T' day of ])'-"1 I..., ,'ZOOO , upon consideration of the Petition to Withdraw Appearance as counsel for Defendant, a Ru1e is hereby entered upon Harrisburg Taxicab and Baggage Company and A.I. Credit Corp. to show cause why, if any they have, why the Petition shou1d not be granted. IS' d';J Rule returnable ~-n_urr~t~tlg QR thp r;..f'1A.- .r..... ,..... dav of BY THE COURT: /L 1. 1J,/~7/06 - CoplU' 1n~~lrcL "--/0: ~W ~~ AA-r ~b€ld &o(bk;.:; I ~ fI~~ ~VI-a6~ ~a.rt~c(O. ~ ~-'-lIIIIII.!JjlJIlWli--iIiIIiI -~'IlldI...lli~ftI,l!I1ljI>ll;:all'l~ ~ >- 1"- ~ 0; ..3 ~ ?) ~; M :::J~ , ,~ C)-" ..c::" :_1_ .~, ~:.J ::::;;: , "-'- -". () CJ:::J I c- ?;i:0 c) t"'J ::)-" ,,'--~ r:_i ('C_2 l",_t -;::.~111.' ].-- =--'...J(l Q ~ - {~ C::. ~ C:J U ,,-.,,=. "~. ~"< " . - ~~. . ,~ - It -"". , ,> ',wi A.I. CREDIT CORP., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 170 CIVIL TERM HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE, DcfendantlRespondent CIVIL ACTION - LAW ORDER AND NOW, this day of , upon consideration of the Petition to Withdraw Appearance as counsel for Defendant, it is hereby ORDERED and DECREED that John F. Lyons, Esquire, is granted leave to withdraw as counsel for Defendant. BY THE COURT: J, fi!!ij! - A.I. CREDIT CORP., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 170 CIVIL TERM HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE, Defendant/Respondent CIVIL ACTION - LAW PETITION TO WITHDRAW APPEARANCE John F. Lyons, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw his Appearance as counsel for the Defendant and, in support thereof, avers as follows: 1. Petitioner is John F. Lyons, Esquire. 2. Respondent is Harrisburg Taxicab and Baggage Company d/b/a Harrisburg Taxicab & Baggage. 3. Petitioner was retained by Respondent on or about January 20, 2000 to represent it in the above-captioned action. 4. Petitioner has undertaken such representation, but is unable to continue for the following reasons: a. Respondent has failed to reply to Petitioner's multiple communications to him. b. The lack of communication between Petitioner and Respondent has made it impossible for counsel to provide effective and competent representation; ''''''. c. Irreconcilable differences have arisen requiring the termination of the attorney/client relationship in this litigation; and, d. Respondent, by its conduct, has rendered it unreasonably difficult for Petitioner to carry out his employment effectively by failing to communicate with him. Withdrawal is allowed under Rule 1: 16(b)( 5) of the Rules of Professional Conduct. WHEREFORE, Petitioner respectfully requests leave a Rule be issued to show cause, if any, why Petitioner should not be permitted to withdraw as counsel. Respectfully submitted, Date: / Z ~.2/' ZOtf/i) , ~ "" , ~... '!llt.~ - VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: /2 - iJ I - j!()OO " ." "t>i - . CERTIFICATE OF SERVICE I, John F. Lyons, Esquire, attorney for Defendant, hereby certify that I have on the date shown below, served a copy of the foregoing Petition upon the following and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PAID Harrisburg Taxicab & Baggage Co. Attn: Clyde Bachert, President 50 Market Street Lemoyne, P A 17043 Robert S. Goldstein, Esquire MORLAND, GOLDSTEIN & NATHAN, P.C. One Jenkintown Station 115 West Avenue, Suite 206 Jenkintown, P A 19046 Date: / l- -DJ/~ 2~o() . J F Lyons, Esquire tto ey for Defendan 1 Walnut Street Harrisburg, PA 17101 (717) 238-4777 (717) 238-4793 (Facsimile) Pa. I.D. No. 23859 ~" ~, - - "~~~ '~~''''IM.''"'~ ~ ~, - ~) c s: L1tG 52~C 2C (I)"':..',; --< ~~~": r:::C :, :? L'I Z. - pQ ~ z :< '--.."'.) C' C'J '-'1 ~--, ~) :'1'; ;1-' :)I$ --:j() :5,(~~~ tSFl ---I J> :q -<. ::.: _i:... r::- <...:> A.I. CREDIT CORP., Plaintiff v. HARRISBURG TAXICAB AND BAGGAGE COMPANYd/b/a HARRISBURG TAXICAB & BAGGAGE, DefendantlRespondent - ~~ ~'~t'i- I: I' fi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I; " , iJ NO. 2000 - 170 CML TERM ; i; p CML ACTION - LAW r AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SSe i " U I: , 1 !) , I I I '1 l~ i~ AND NOW, this 29th day of January, 2001, personally appeared before me, a Notary Public in and for the Commonwealth an County aforementioned, John F. Lyons, Esquire, who, being duly sworn according to law, deposes and says that a copy of the Petition to Withdraw Appearance and Rule to Show Cause in the above-captioned action were served upon the Defendant, Harrisburg Taxicab and Baggage Company on January 3, 2001 by certified mail number 7000 0600 0028 3149 1371 and Robert S. Goldstein, Esquire, counsel for Plaintiff, on January 4, 2001 by certified mail number 7000 0600 0028 3149 1210, return receipt requested, as evidenced by the return receipt cards attac Sworn to and sUbscl before me this ~ NOTARIAL SEAL CHARLES I. HINSON, Notary Public Harrisburg, PA Dauphin County My Commission Expires Feb. 8, 2001 !JItt~L Notary Public ~ . c' ? + . Complete items 1, 2, and 3. Also compl~ie item 4 if Restricted Delivery is desired. . Print your name and address on the reverse . so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Harrisburg Taxicab & Baggage G;:j). Attn: Clyde Bachert, President". 50 Market Street Lemoyne, P A 17043 3, Service Type ~Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Copy from servtce-1abe1J-. --, i rv~Aoi i 10 6ilP 4li i i4:ilpl~ ~ jIH'i.:" iJ7r PS Form 3811. July 1999 Domestic Return Receipt -,,-. i.'.Complete ,it~;H';$ :1;~::2~',and 3. Also complete'" . 'c item 4 if ,Restricted n~livery is desired. . Print your name and attdress on the reverse 50 that we can return the card to you, I. Attach this card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: 1.0bert S. Goldst~in, Esq. !ltirlllnd, GOldst;Jin {{ Natha:~, P.C. )ne Jenkintown,$iation .15 West Avenue., Suite 206 Tenkintown, PA 1904-6 ,if 102595-99-M-1789 + ,,0, Is delivery address qifferent from item , If YES, enter delivery address below: o Agent o Addres~e DYes DNa " '"3. Service Type :t )(Certifled Mail 0 Express Mail o Registered 0 Return Receipt for Merchan~ise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Ves \\lIi. i li 1; 2... f-~\c!e,N~ir?~r il??FY. ro1'\sem.:' iJ'Ibe'jll/1 il bd " ~i i ,I, \, \; ii : i 'i.,i:jlI:XOiiiOo.~Ci iO~~ E '4...I'dJ!i, '" PS Form 3811, Julv 1999 Domestic Return Receipt o~__1",.' '___' '--''---:''-~-- 102595-99-M-1789 ~~iIII~"""'."""". ~ __IiiiM"ii>i..,"--"'<JU.jl..ll;."li"'" ~~ '-",~, -'"..'&,"" '-".i, ~'1ill"i'" ">~ III ,--'bk",Ii'I~jui" " .-. - () C C ~':-,: ;0;: C- "1;'CO ". ~'-:! ITlrn 2::0 2:: Z'1~ N ~.,-;: ill ~,- !<D ""0 -~ ~(") :Jl: )>0 W -T- C , ~ ., ~ S~ N en -< " . . ~ ~~~, " - _~l A.I. CREDIT CORP., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 170 CIVIL TERM HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE, Defendant CIVIL ACTION - LAW ORDER OF COURT 1- d AND NOW, this '3 J day of lt2-..JA/ ' 2001, upon consideration of the Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DECREED that John F. Lyons, Esquire, is granted leave to withdraw as counsel for Defendant. BY THE COURT: y . :Jf\ 0\ t? ?-,D~k () I\.'K . - -~"" .,", it i I !~ !': , ",' !~ , "I " i:~ !i,A1 I",: _~_ ~'. '''ff.''_~' w- . ~> ~<. "". . FiLED-OFFiCE ^~ ""I 'C" M..(.e, '~~IOTiJRY ; 'r' ,-..,- I""" "r-,,( 1 t I. 1- "'" " ,',. '., , 01 FEB - I M1 8: I 7 CUMB!::IilJ\NJ COUNTY PENNSYlVANiA _ ~.':" r - ~~,~ ,"t. . ",' ~ ',- ~ "'''-'j, , , . , A.I. CREDIT CORP., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 170 CIVIL TERM HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE, Defendant/Respondent CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: Comes now, John F. Lyons, Esquire, and respectfully move your Honorable Court as follows: l. On or about December 21,2000, a Petition to Withdraw Appearance as attorney for Defendant in the above-referenced matter was filed. 2. On or about December 29, 2000, a Rule to Show cause why counsel should not be permitted to withdraw was issued, returnable fifteen (15) days after service. 3. Service of the Petition and Rule were made upon the Defendant by certified mail, return receipt requested on January 3, 2001, as shown on the Affidavit of Service filed simultaneously herewith. 4. Service of the Petition and Rule were made upon counsel for the Plaintiff by certified mail, return receipt requested on January 4, 200 I, as shown on the Affidavit of Service filed simultaneously herewith. 5. More than fifteen (15) days have passed since service upon the Defendant and counsel for the Plaintiff and no responses in opposition have been filed with the Court. .,',;a, j~~ ~"4"", ~ . WHEREFORE, your Honorable Court is requested to enter an Order making the Rule Absolute and entering an Order permitting counsel to withdraw as attorney for Harrisburg Taxicab and Baggage Company in the above-captioned litigation. Respectfully submitted, Date: / - dJ~ - of 2 ....... A.I. CREDIT CORP., Plaintiff v. HARRISBURG TAXICAB AND BAGGAGE COMPANY d/b/a HARRISBURG TAXICAB & BAGGAGE, Defendant/Respondent '" ., ~- ~-' "'"'.; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 170 CIVIL TERM CIVIL ACTION - LAW AFFlDA VlT OF SERVICE COMMONWEAL TH OF PENNSYLVANIA COUNTY OF DAUPHIN : SSe AND NOW, this 29th day of January, 2001, personally appeared before me, a Notary Public in and for the Commonwealth an County aforementioned, John F. Lyons, Esquire, who, being duly sworn according to law, deposes and says that a copy of the Petition to Withdraw Appearance and Rule to Show Cause in the above-captioned action were served upon the Defendant, Harrisburg Taxicab and Baggage Company on January 3, 2001 by certified mail number 70000600002831491371 and Robert S. Goldstein, Esquire, counsel for Plaintiff, on January 4, 2001 by certified mail number 7000060000283149 1210, return receipt requested, as evidenced by the return receipt cards attac Sworn to and sUbscl before me this ~ NOTARIAL SEAL CHARLES I. HINSON, Notary Public Harrisburg, PA Dauphin County My Commission Expires Feb. 8, 2001 !tL~~l Notary Public ~" "~ ,,~ ~ ~ ~ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery, is desired, · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: Harrisburg Taxicab & Baggage Ce. Attn: Clyde Bachert, presiden( 50 Market Street Lemoyne, P A 17043 2. Article Number (Copy trom seMce fabelj. 70(:Jci:06'O() oo;.t7 31'{C{137r PS Form 3811, July 1999 Domestic Return Receipt 3. Service Type ~Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delfvery? (Extra Fee) 0 Yes 102595-99-M-1789 + '" ENDER: COMPLETE THIS SECTION D, Is deUveJy address different from item If YES, enter delivery address below: . Complete ,items 1, 2, and 3, Also ~omplete item 4 if Restricted Delivery is deSIred. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~obert S. Goldstein, Esq. 'lurland, GOldstein t{ Natha:p, P.C. )ne. J enkintown $ta tion .15 West Avenue, Suite 206 fenkintown, PA 19046 3. Service Type )?(Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D, 4, Restricted Delivery? (Extra Fee) 0 Yes , ,.,. ..' j' 11'~. l(;; Ii 11 2...ArtiCle_Numbert9o.pytrotj1;serfPi'abepjli.I;,.. '.f(' : lJ )J ; lDOO"Okoo OQ;l$'314.Ci'i'/' () PS Form 3811, July 1999 Domestic Return Receipt 1 ! 1 ! ~ i j1 , i , , 102595-99-M 1789 '-- ,. - VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: / -d7-01 . . " ~ '- " CERTIFICATE OF SERVICE I, John F. Lyons, Esquire,attorney for Defendant, hereby certify that I have on the date shown below, served a copy of the foregoing Motion upon the following and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PAID Harrisburg Taxicab & Baggage Co. Attn: Clyde Bachert, President 50 Market Street Lemoyne, PA 17043 Robert S. Goldstein, Esquire MURLAND, GOLDSTEIN & NATHAN, P.C. One Jenkintown Station 115 West Avenue, Suite 206 Jenkintown, PA 19046 Date: /';)'7-0 ( . yons, Esquire ne for Defendant 12 nut Street H lsburg, PA 17101 (717) 238-4777 (717) 238-4793 (Facsimile) Pa. I.D. No. 23859 '~plI , ..............~1Il -""'":......,=~ jlllisl ..~ () <:::> c). c: -r, s: "- :::1 -nUl b> n1m .~tP1 z::o ~ 2r-'-' N ~g8 ci) "r> co -<~:'~ I:'=:r-S ~C) CJ :j:~ri ~O :Jr' ;;2(") "'-,Ci >c': yt :sm "Z :::~l :t> ~ ~ ::g ~, _I MURLAND & NATHAN, P.C. BY: ALEX 1. MURLAND, ESQUIRE ATTORNEYI.D. #41050 One Jenkintown Station 115 West Avenue, Suite 206 Jenkintown, PA 19046 (215) 885-9200 A.I. CREDIT CORP. 160 Water Street New York, NY 10038 Plaintiff, v. HARRISBURG TAXICAB AND BAGGAGE COMPANYd/b/a HARRISBURG TAXICAB & BAGGAGE 50 Market Street Lemoyne, P A 17043 Defendant. , ~" ,L "'~",' ATTORNEY FOR PLAINTIFF, A.I. CREDIT CORP. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2000 - 170 - Civil Term ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter Settled, Discontinued and Ended. MURLAND & NATHAN, PC 'c' , ~11ll~1'.w1lll '.." O'..-.~~ " Itl.. I , .~, ~ . li-,I 0 C> C) c: .. 5': ]:IJo -OeD - rnr-" 6, -, :Z:~C :Z:C :'>.,) , (1)[:. (>.; -<~-, k\.... '"0 ~~,-, ~",'~ -') Zl' --",., -,.> -=::0 ...., Pc ~2 ~ "" :n (''0 -<