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HomeMy WebLinkAbout00-02483 , u'___' _~,_','''''-~ _ C_n' _'" ". -c_,,,;_,,_~,,, ,~",',,_c_' ,,~-_ ~- '0: - _'~~"_..'~ ' ~~," Johnson, Dnffie, Stewart & Weidner By: David 1. Lanza J.D. No. 55782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff L.B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2483 Civil 2000 v. CIVIL ACTION - LAW KEVIN C. SUNDAY, Defendant NOTICE TO DEFEND To the Defendant: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 - ~ - <_ - - _' , , ~ __ , __.,__._, -. 0' , ' , "r -, ~, "'., ~".:-. _ c' -'/.~_,,; ,,' ;""i Johnson, Duffie, Stewart & Weidner By: David J. Lanza I.D. No. 55782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff L.B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2483 Civil 2000 v. CIVIL ACTION - LAW KEVIN C. SUNDAY, Defendant COMPLAINT AND NOW, this _ day of May 2000, comes the Plaintiff, L.B. SMITH FORD, INC., by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and aver in support of this Complaint as follows: 1. The Plaintiff, L.B. SMITH FORD, INC., is a Pennsylvania corporation with a place of business at Twelfth and Market Streets, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, KEVIN C. SUNDAY, is an adult individual with an address of 24 Howard Drive, East Berlin, Adams County, Pennsylvania 17316. 3. On or about February 15, 1999, Plaintiff and Defendant entered into a Lease Agreement for a 1999 Ford Explorer. A true and correct copy of the aforesaid Lease is attached hereto as Exhibit "A." 4. The aforesaid Lease Agreement required Defendant to make certain initial payments to Plaintiff. " __",,~ _ < __'~C" -'''~'-''2'--"---,, (", ,,,':,( ".:;,_~; ,.~ ,0" ., ,_~ .,,_,;,0 ",-J 5. Defendant has failed and refused to make the aforesaid payments in the amount of Two Thousand Two Hundred Forty-three and 95/100 Dollars ($2,243.95), and continues to fail and refuse to make the aforesaid payment or any part thereof. 6. Plaintiff has demanded the aforesaid amount from Defendant. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,243.95, plus interest at the rate of six percent (6.00%) per annum from February 23,1999. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER M By: David J. Lanza Attorney I.D. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :134155 ;;" ." , ,,. ',- ~, , ~ c,,', - i.-' ;,,', ~ ," ", --, ",__ __ ,f'_ , c- ~, .', _,' __ _ ,-",. '+i: VERIFICA TlON I, ED HENCH, Credit Manager of L.a. SMITH FORD, INC., verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: .r::lu ((Jv Ed Hench, Credit Manager LOSED EN.\) MOTOR VEHICLE LEASE ('nD 1$')[1 B!'Ll [ '} Business, Co~~~rCial ~r Agricultural Purposes Lease lease Date: :;q}i#" iW"AP?iif;\>>0tiffW#i'~.!iiifsfir.'ii1AWii!f .11!li9'j(~~..:i#!it'*:W ;;;;;,?,..o. >>,,,,,"~'.;i:<<"$~:ti'S:i*}.u:,,,,,,,mh~,'gg,, ,.,-:w, ,*>>..,,~" ,~~: >' ."",,,,:,,,,,~.,,m<<,,,,,,:<:,,{,wt&::::;,,. L B 12TI LEn' f'F TH f')I1D INC i\ m 11'.R!(ET STREETS /)!.; PA 17043-0606 . KEVIN SUNDAY . 24 HO\,~ARD DR ~Jlift'FT ~5~bF~ ",' PA 17316 1 afe the I esseo;(s) named above. We are the lessor named above. We intend to assign this Lease Agreement (the "Lease' to the Assignee named below. Prior to the assignment, any ere nee in this Lease to "we," "us. or to "lessor" shall mean the lessor named above. However, under the Federal Consumer leasing Act, both we and the Assignee named below are lsidered "I.essors," Except for this required disclosure, the Assignee will have no rights or Obligations as a lessor on this lease until it is assigned. Then, any reference to "we: "us. or to :ssor. shalt me;:n the Assignee. Each of you who signs the lease is individually liable to us for all lease obligations. You are leasing the Vehicle deserfbed below {"the Vehicle"} from us. J agree to pay;1I amounts due under the lease and fulfill all your obligations under the lease. You intend to use the Vehicle primarily for personal, family or household purposes unless ~ "Susines." Commercial or Agricultural Purpose lease" box above is checked. In this Lease, "e" means an estimate. ' ""ii'@)>''ere'''''it)Wg\Nh,'itfXiW1J%1lW*,,',' I%Nln$ '.,","D',"~,"< i4;","'I",';,';''''I','Il%P'''~, """""Wii" ;'*','h" ',"i\illl'''r'~'l~'' W,";WWW ,'I? ' :~~~;g4f ,J1'; i~W1M<t~MtX':lM&tAtU?t.$ti' 'mit1~tk:f~L,,;~:;ftMi{-:JUt~<u im,~~,~jl~I,t,~~f~R'f/ '~{it~<_t!~~l~, ~K-~W -: Ji0~' ,4' J ,$1, 'W (1 Year Make Model No. of Cy1. Style Vehicle Identification Number ed [ I mol I uipped "Nh: 99 fORD EXPL "HER 6 1n, II .....' ~'r:f;_f~ Amount Due at lease Signing or Delivery (ItelT1ized below)* Monthly Payments Your first monthly payment of $ 396. is due on FF.B 15TH .~; followed by 59 payments of $ 3%. Sldueon the' 17'l'H of each month. The total of your monthly payments is$ 23,790. GO Other Charges (Not part of your montbly payment) ,1 Disposition fee (If you do not purchase the Vehicle) , $ $ $ Total $ Total of Payments (The amount you will have paid by the end of the lease) 250.00 N/A $ 1.7'5').00 $ 25.994,09 Amount due at lease signing or delivery: Capitali~ed CGst Reduction $ Sales 1a < on Cash Dawn payment +$ Sales/LIse Tax +$ Optional MBP +$ First Monthly Payment +$ repaid Renlal Payment +$ 'Itemization of Amount Due at lease Signing or DeliveJy Refundable Security Deposit +$ 400, Oiiow the amount dUe.at lease signing or deliveJy 1, 733. 9 ,Title Fees +$ 22. 5\!i11 be paid: 1 56-;, () (Registration Fees +$ 41 . 0 taet trade-in allowance** NIl\. +$ N/ A ,\,Rebates and non.cash credits N/A +$ N/A"A';;~ntto be paid in cash 396.51 . N/A Total =$ ?.750.0<:l( . ill Total -$ $ +$ +$ , ' HIli' ! '. N/;~ 2,750.' I Gross capit?lized cost. The agreed upon value af the Vehicle 1$ 28. I} 00. Orand any items you pay over the lease term (such as service contracts, insurance, and any outstaflding prior credit or lease balance) ~ $ Capitatized cost reduction.. The amount of any net trade-in allowance, rebate, non-cash credit, or cash you pay that reduces the gross capitalized cost Adjusted capitalized cost. The amount used in calculating your base monthly payment Residual Value. The value of the Vehicle at the end of the lease used in calculating your base monthly payment -$ Your Monthly Payment is Determined as shown below: Rent charge. The amount charged in addition to the depreciation and any amortized amounts , ,!, \. Total of base monthly payments. The depreciation and 29,. 050. 00 any amortized amounts plus the rent charge . '.d. -$ 1. 733,93 Lease term. lhe number of month? in your lease Base Monthly Payment =$ 27.316.07 12,256. 95 Depreciation and any amortized amounts. The amount charged for the Vehicle's decline In value through normal wear and for other items paid over the lease term == $ Monthly sales/use tax 15, 05>1. 12 Total monthly payment EARLY rERMiNAfiON. rou mJ.ykJ.ve fo pa-Yii substantial charge if you end this Lease early. The char2"e mav be UD to sevp.rnl thousand dollars. The .act~a\ char&e win depend O_"_w.h.eJIJl1e_Leasejs_terminated. The earlier vO.ll...end.lhe lease. the l!reater this charl!e is IikeLv.lo h~ " . ' "~- ~ The purchase option 'price . y........~,........" ~~ ....'" VI -.........." ''''Ul~-'U>'HI''VI:-,llll:.UlJLlUII t\>'prn;cnaS:e'L~~ICTe-ar'ule-:e1'f(l ~e I.ease term for $- does not include official fees such as those far taxes, tags, license and registration. . ~ Otherfrm.portant Terms. See your ~e~se docul!1ents !or additional information on early termination, purchase options and maintenance responsibilities, warranties, late and default charges, msurance, and any secunty l~terest, If apphcable. . ",'--:' ";_~~<" ,.,' "'.~i', ;'~" .'tj.~:, ;~--! :i, , Agreed upon value of the Vehicle $ i 13 ' 800 :':-('I( Official Fees :an.d Taxes. The total amount you will pay for official and license fees, registration, title and taxes over the term of your lease, whether included with your monthly payments or'assessed otherwise: $ f"J I -:r 1 2 9 <;: e Warranties. The Vehicle is subject to the following express warranties: If the Vehicle is new, the Vehicle is subject to the manufacturer's standard new car warranty. [ I 'If this box is checked, the Vehicle is subject to the following express warranty or guarantee: If the Vehicle is not new, and no warranty is identified in the previous sentence, there is no express warranty on the Vehicle. Unless prohibited.by law, the following two sentences apply. YOU ARE LEASING THE VEHICLE "AS IS." WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Ii we make a wlitlen warranly cDveling Ihe Vehicle Dr, wilhin 90 , days of the lease Date we extend a service contract covering the Vehicle, this disclaimer will pe.modified only to the extent of those specific warranties. .' '- . " ' tate Payments. The charge for late payments is: 7% of the base monthly payment for any pa1ment nat recei'led within 10 days af the date it is due. -, .,- , ..,-- No late charge will be assessed or collected when the only delinquency is late charges assessed on an earlier delinquency. . . Disposition Fee (See UReturn of the Vehicle" on the other side of this lease): $ 250.00 Early Termination Penalty (See "Terms Concerning Early Termination.of the lease" on the other side of this Lease): >,';'" , ""'; -!o'_"~ . :~: ,'~:::-" ,;'- " . ' "-\,,::V...,' 'of"..... ~. , ~-', ' Physical Dam,age and liability Insurance';a'(ou,hav.e obtained the insurance that is required for this lease (see~aInsurance" .Of} the ather SIde of this lease.} fu.,~w.t.l...1~ .ll"l.::a \,V W~J.O.){).:U. INSURANCE COMPANY Ifli.JL J.iro:'nJS I'iGEt4Ci POLICH i NAME OF AGENT/ADDRESS TELEPHONE # \ IiI 1.'J.-::rt::J:J .lIit\I;tW'~J,'~:iiq;1!&#~ii1%~~'U\I%~;lli~j Il~!, ,:'tll~t~lg4[iUtqd,I1&~]!!91~,~it~;~~WJl:~,&1I\*.Jti~itlt'l :,. ;"l~!~f;t.*.fJ.f:UI~illjw; You are not required to buy any optional products and services to enter into the lease. The Optional Mechanical Breakdown Protection eMBP"J Term term of any product or service will be the lease term, unless a different term is shown to the Lessee's Initials right If you d_ecide you want to buy an optional product or service, review the terms of the. Coverage ,,'. < ;';:,. ," .~ ", contract which describes the product or service before you initial to the right. A completed . '. ,. copy of the contract will be given to you as soon as practicable. OptIOnal Se.r~lce Contract Term or Extended Warranty Term Lessee's lmtlaIs By Initialing to the'.right. you indicate that you want to buy the optional products and Coverage services indicated. If the cost shown is not shown as' part of the Itemization of Amount Due at lease Signing above, it has been added to the Gr.oss Capitalized Cost (se~ aboye). (;j(1~1iITt;:II,';ltW:tl!\~1i~11.~~,II~%'i~~iR:l!'\ kW,.~&~t1*m~~~If~lflJl, "4**f:d,;llffl~t.ll1lt: ~.* NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIl YOU EXERCISE YOUR OPTION TO PURCHASE THE VEHICLE. DO NOT SIGN THIS LEASE BEFORE YOU READ BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN. YOU ARE ENTITlED TO A COMPlETELY FIlLED-IN COPY OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNING IT. . '. , ' . +#'i";lM1'~ml'tsSh!lJsTG~ AtUR2:I,tft1t~'Jtjoll1efilfianllh'\jlV'ilJin(~)l'r,[t:!':Cotlilatm'1htl ;;Pailh1!isni , "~,~::>,,,i%L~~,=:' ~~",;,.~,~.,.;,~"",~", ,':<<;'>:',*,......~~.,. ,:~''*,::;"...":0<",''':W,rr'm,i>>.&~~,~'''~,*,.,':,,,....,~<>,~:.,r,::::A'''''''''''.<<,.,.;":l,~,,,,,1~.1;'''''<''(P':>':;;':;w;,,<:,~'~ ,""R' "., ." rn ""'%:>;."",~",," /' lessee Signature / Type/Print le,ssee Name' ;' , I lessee Signature Type/Print lessee Name j~ll~i'itl9'~~~~,~~;~lf~ti~B:gsI~Rll~!.~~I~Iit\j1.Jltil.t,.t\1~1':1'1: ,,;i,'~1r.1'11~~ The lessor's authorized signature indicates the lessor has accepted the terms, conditions and obligations of the Lease and that the lessor agrees to the ulessor's Assignment" proviSion an the other side of this lease. lessor Name: Assignee Name; L B SMITH fORD INC First National Bank of Maryland and its divisions Dauphin Deposit Bank, York Bank, Bank of Pennsylvania, Farmers Bank and VaUeybank By: Type/Print Name: Type/Print Title: LEASE GUARANTY ( (the Guarantor(s) signing below) understand that the lessor and lessee named above have entered into a vehicle lease agreement (Uthe lease") dated as of the date above. I hereby unconditionally guarantee full and timely payment when due of all rentals and other payments and the full performance by lessee of all promises, terms and conditions of the lease (COllectively the "Uabilities~). If an event of default occurs under the lease, I shall pay immediately any amounts due from the lessee or take any action required of the lessee under the Lease. My liability under this Guaranty is primary and will nat be affected by any settlement, extension, renewal or modification of the lease or by the discharge or release of the lessee's obligations, whether or not by operation of law. I waive all damages, presentments, and demands and notices of every kind and nature. I agree to pay all expenses (including attorneys' fees and legal expenses) you payor incur in trying to collect all or any part of the liabilities, and in enforcing this Guaranty. This Guaranty is an absolute, continuing and unconditional guaranty. After assignment of the lease, this Guaranty may be modified or terminated only with the assignee's prior written consent Any parts of this Guaranty which conflict with any statute, rule or Jaw, shall be deemed null and void to the extent of such conflict, but without affecting the rest of this Guaranty. If more than one party signs this Guaranty" each is jointly and severally obligated. Each signer on behalf of any corporate guarantor warrants that he had authority to sign on behalf of such corporation and by so signing, to bind the corporate guarantor under this Guaranty. . Signed in the presence of: Signature of Guarantor Date (SEAL) (SEAL) Signature of Guarantor Date 'ilK: ,'J%fl\iYW"l!fiidillJ!!}W;lhF!nFiJi!IffYlii'if;}!lIil!i1i;i:,@1ili&i fJb'(liiFR"~'''''''~~'''*,V''lj7(ftfi'lRf'''a'' "!#:/I#"ffi\'Ii[ZiRM,. $!l:*lIft': t iF .!t'Zffu!I' "'! :"mI.:' , :; '~'..{0g>.<::&t#.fum0;:;'1:.?&:'tJ:h4q(Hi:kt:l'.&dlj~j;'NM;'%~1t;~~;#::iH~~~~\X't'~(:'M:,;:";'j-,,',;~.::::t-~<,,,~:~,Jgg~,~~~,,~~Jk~:ru,~:b::,~,::,,9>~~;;~mm$,~)~Jt:4:i1!w"-$:>:t~:i:N" i ,0t0i,d~lL",*M,;:~*f,f.@,g,**;:::" , .t ,~~~~,::' ~t,~ . ,r' You will be in defaull if: You failla make a monthly payment when it is due; .. You fail to pay any amount you owe under the Lease when iUs due or when demand is made; .. You provi any false or misleading information in any tease application; .. You fail to maintain the required insurance; .. You lose possession of the Vehicle by confiscation, forfeiture or other involunt<' transfer regardless of whether the Vehicle is the subject of judicial or administrative proceedings; . You or your property become subject to bankruptcy proceedings; . You die and the- is no surviving lessee; . The Vehicle is lost, stolen or damaged beyond repair; . Vou assign the Lease or transfer the Vehicle; . You fail to keep any other promise or Obligation under t lease or violate any other term of the lease; . You return the vehicle to Assignee or Dealer prior to the expiration of the agreed term of the lease. If you default, we may, but are not required to, take action to protect our interest in the Vehicle (such as buying insurance). Our action does not cure your default Amounts we sper taking such action will be added to your Lease obligations and will bear lease charges, if permitted by law. If we end this lease because of default you authorize us to cancel any MBP other optional product or service you bought in connection with this lease and to receive any refund or credit due upon such cancellation to apply to amounts you owe. After giving a notice required by law, and subject to any waiting periods imposed by law, we may peaceably repossess the Vehicle wherever we may find it You authorize us to enter onto any propel where the Vehicle may be to take poss_ession of it and remove it. We may use the license plates on the Vehicle in moving it to a storage place. After '(Ie repossess the Vehicle, we will hold free of any rights you !flay have under this Lease, subject to any right you may have under the law to cure a breach or redeem the Vehicle. Unless you tell us within 48 hours of any persor property you claim was in the Vehicle when it was repossessed, we will not be responSible for that property. This Section 11 will survive termina.tian of this lease. f~.~;~UlMtiE4(~Lfj~i;~(~81~;li~!~:~~;i1~i.~ii!~~lli;:~iJi~fj~~~1;~,~}t~,~:m~;E~~il~{tQl['~~!2it'I.:ti}w~~e~ITj~,';i~ai~~!~%~~ItI~_I!&!i~~:ill!~ i~1I ,:~t~ll~tti,~ (a) If you are not in default under the lease, you may terminate {end} the lease before the end of the lease term by returning the Vehicle to us and paying us, within five business days the date we make demand, your Early Termination Liability (see below). (b) If you are in default we may terminate (end) the lease before the end of the lease term. You must return the Vehicle to the place we designate. You must pay us, within five busim days of the date we make demand, your Early Termination Liability (see below). Your Early Termination liability will be determined as the sum of: any amounts past due under this lease at the time of termination; PLUS. all other unpaid charges for Which you c responsible under this Lease; PLUS . all repossession costs including, but not limited to legal fees, court costs, storage charges and expenses related to taking possession of the Vehie PLUS. al/ remaining manthly payments far the balance af the lease term; PLUS. the amount in "Purchase Optian at End of Lease Term" as shown on the other side of this lease; PU . an amount equal to five percent of the Adjusted lease Balance at the time of termination (see below); PLUS. any official fees and taxes imposed in connection with termination; lE' . the unearned rent charges as of the next rental payment due date; LESS. the Vehicle's Realized Value; LESS. your security deposit. We figure your Adjusted Lease Balance, which is the balance subject to rent charge, using the "FASB.13 Method." "FASB" refers to the Financial Accounting Standards Board, a natio! board that provides guidance to Certified Public Accountants; and "13" refers to the FASB's Pronouncement Number. The "FASB.13 Method" means, in the case of a monthly payment lea~ the method of determining the rent charge portion of each base monthly payment under which the rent charge for each month is earned in advance oy mUltiplying the rate implicit in t lease times the balance subject to rent charge as it declines during the Lease term. At any lime during the scheduled term of a monthly payment lease, we determine the balance subjf to rent charge by subtracting from the adjusted capitalized cost the portion of the base monthly payment not allocated to rent charge, for all base monthly payments that have accru through the date of early termination. In the case of a single or advance payment lease, the 'fASB.13 Method" means the method of determining the periodic earning of rent charges under which the rent charge for ea computational period is. earned in advance by multiplying the rale implicit in the Lease times the balance subject to rent charge as it increases during the scheduled lease term. At any tir during the scheduled term of a single payment Of advance payment lease, the balance subject to rent charge is determined by subtracting from the estimated residual value the total rf charges scheduled to be earned over the Lease term and adding to the difference all rent charges accrued during lhe preceding computational periods. Unearned rent charges are determined by subtracting earned rent charges from the total rent charges scheduled to be earned over the lease term. The Vehicle's Realized Value is: the price we receive lor the Vehicle upon disposition; lhe highest offer we receive for the disposition of the Vehicle; or fhe fair market" value of the Vehicle the end of the Lease term. To the extent that these charges take into account the value of the Vehicle at termination, if you disagree with the value we assign to the Vehicle, you may obtain, at your own expense, a within 10 business days from the lease termination, from an independent third-party agreeable to you and to us, a professional appraisal of the wholesale value of the Vehicle which eOl be realized at sale. We will then use the appraised value a? the realized: value: :. If we have to pay someone to help us collect the amount you owe us, we will add the amount we have to pay to the amount you owe us. This may include reasonable attorneys' 'fees a court costs, if permitted by law. . tffi~}mJWt~~~~)W!!V~W0titA~fi\t\t,$i@1~Wm~~T;W!0t~~t,~~~~m;J~~i~1i1~irtJ1~~i3WO:rtY~tJtMw~<1a;JR~"~S~'*lftgA~~fh.~Jj' '::' it~{0~'ffI, Wm ~~ .~: ~"._~{ ~;~,~W"; L~ i'*~ ,~mH!~,: "~.".;m::~_,,,,'x':,' '"l[:, ";M'~'::::,'&"t.;<.,,~ ~~ ,,'<'.'" ,'~"",o;;~::<<m'''''' '?;':~': ~, .",,,K,~.:::::,*,_<<,? -<'''',~~,*,: ;~=::-,;;:;~::,,~:""'~~"i>'~,~* ~*" ,"" '",''':;:;:' :,' ,. " .' <' ,>>" r%t,'!..;'-*_<::>,.,:,:" " W'&Yd::,," ,. m" " tt, ~'"" = '. .:~,.",' ',- ,h",.' :",,;,t Insurance. You agree to maintain, in your name, fhe following fypes and amounts of primary insurance for the Lease term and <<nW you return the Vehicle: Public liability insurance w coverage limits of at least $100,000 if one person is injured and $300,000 if more than one person is injured; uninsured motorist coverage; property damage liability in~urance with covera of at least $50,000; collision and comprehensive fire and theft with a deductible amount of no more than $500. You can obtain insurance at your expense through any agent, broker insurer of your choice. This required insurance must be in effect before you take delivery of the Vehicle and may not be cancelled until after you return (he Vehicle to us. The insuran company and the policy must be reasonably acceptable to us. The policy must provide us with no less than 30 days' written notice of cancellation or reduction in coverage for any rease Cof1ision,liahi1ily and/or comprehensive insurance must name you as the insured and us as an additional insured and loss. payee. If we ask, you must furnish us with salisfacfory,eviden that the required insurance is in effect. You must notify. us and the insurer within 48 hours of any event causing loss. You must cooperate fully with us and the insurer in providing fL complete and ae_curate information about the loss. If the Vehicle is damaged and you fix it to our satisfaction, we will pay you any insurance proceeds we have received if.you 'are n9t lh in default You authorize us to file a proof of loss jf you do not and to sign your name to any check or draft representing insurance proceeds. . NOTICE: PHYSICAL OAMAGE OR LIABILITY INSURANCE COVERAGE FOR BOOllY INJURY AND PROPERTY DAMAGE TO OTHERS IS NOT INCLUDED IN THIS lEASE. . . Gap Waiver. If the vehicle IS s{ofen and unrecovered or deemed a total loss by your insurance company, we agree to waIve the difference ("GAP'" between the outstanding balance of t Lease on the date of loss, and the ACtual Cash Value of the Vehicle, if lower, not to exceed $25,000.00. Actual Cash Value equals your primary insurance company determination tlf the ret value of the Vehicle, or if no primary insurance is in effect, our determination of the retail value, plus the amount of primary insurance deductible, plus any applicable taxes. You are responsll for maintaining primary insurance as required by the lease. loss or theft must be promptly reported to insurer and to us. The GAP waiver does not include delinquent monthly payments, late charges, interest that has accrued due to payments being delinquenL parking/mOVing violations, or any other char~ not inCluded in {he monthly payment Payment of lhes_e amounts remains your obligation as provided in lhis lease. ~ This waiver does not apply to early terminations caused by occurrences ariSing out of racing, speed contest, confiscation, or for vehicles over 35,000 pounds gross weighf, and given any these circumstances you will remain responsible for all amounts agreed to in this lease. Standards for Wear and Use. When you return the Vehicle at the end of the scheduled Lease term (including any extension), you are liable for charges for excess wear and use. The followi standards apply for determining unreasonable or excess wear and use: . The Vehicle must be able to pass any inspection required hy law, even if an inspecrion Is not then due. The Velli, must have matching tires (not retreads) comparable to those on the VehIcle when it was delivered to you, with at least 1/8" of tread remaining at the lowest spot. The engine, drive tr<l odometer, and other mechanical and electrical parts shall operate and not be damaged, There must be no scratches, dents, pits, rust areas, mismatched paint or cracks in or on the fende bumpers, grills, hood, trunk, roof or doors. No special identification or decal will appear on the Vehicle. There must be no rips, tears, burns, soiling or excessive wear in the carpeL seats, doc headlining or dashboard. The windows, lenses and lights shall not be cracked or broken. The Vehicle Identification Number in Section 2 must not have been altered or defaced. There mt be no frame or suspension damages. We determined the amaunt of your hase manlhly payment in part on the mileage shown in Section 4, "Excessive Wear and Use." Unless you buy I Vehicle at the end 9f the lease term, you will return it to us in the condition in which you received it, except for reasonable wear and use. Security Deposit. Unless required by law, we do not keep the security deposit separate in a bank or earmarked on our books. We may apply some or all of the security deposit to wt you owe. Any unused security deposit will be returned to you at the end of the lease. We have no fiduciary duty to you with respect to the security deposit No interesL increase or pH on the security deposit will accrue or be paid to you. . Option to Purchase Vehicle Upon Early Termination. You have an option to buy the Vehicle prior to the end of the lease term. The price will be the amount due upon early terminatl (see Item 12). plus anv taxes or fees imposed on our sale of the Vehicle to you. You must give us 30 days' notice in !,r~ng of your intl:n\ \0 buy tnl: Vehic~:~ ....._"'-'-"""~~ UlA~ . , Return of the Vehicle.. /f you do nol buy Ihe Vehide lrolll us under your purchase option, you agree to relurn the Vehicle to us at the end of the lease ,terlll at a ,place we deSlg~;te.\t Will return the VehIcle 10 clean c?ndlllOn. When you return the Vehicle, you must give us a completed, signed odometer disclosure statement You agree to pay us any amounts you ow under the lease and have nol paid. We lIlay apply all or part of yoursecurity deposil to what you owe us. If you keep the Vehicle after the date you are supposed to return it you will pa us a monthly amount equal to the Total monlhly payment and other amounts that may come due. Your payment does not permit you to keep the Vehicle unless you get OUr ,permission il advance. You Will pay us upon relurn ot the Vehicle, a disposilion tee as shown in 'Disposition fee" on the other side of this lease. ' Maioteoan". You will mainlain the, Vehicle in good working order and repair. You wi!1 pay all operatin~ cosls, such as gasoline, oil, and replacement tires. You will, at your expense, seIVic, the ~e~lcle according to the owner s manual maintenance schedule. If the Vehicle IS recalled, you will have the recall repairs or servIce performed. You will return the Vehicle in cleal conditIOn. Regi,stration. ~ar~ing Ti~kets and Taxes. We, own the Vehicle. Yo~ must ker-p the Vehicle cu!ren!ly registered i~' o~r name. ,You are leasiryg the Vehicle, and have no rights to it except t. use It as p~rmltted by t.hls Lease ~nd t~ exercIse ~our purchase optIOn. Vou must pay all parkmg tickets and traffiC fines relating to the Vehicle and a Ticket Processing Fee of $25 for ever summons Issued to us In connection With the Vehicle, whether or not you are lound tobe at laull. If you do not pay such tickets and lines, we have the rightlo do so lor you, and you wi repay us these amounts upon demand. We may add the amount to what you owe us If you do not pay us when we make demand. Vou must pay when due or reimburse us if we pay fa you all governme.nt charges, fees and taxes ~hether assessed. on you, us, or the Vehic'~. Vou will not have to pax our income taxes. If you do not pay the charges, fees and taxes ani Interest or penalties are assessed {unless the Inl~rest or penalties are a ~esult of our negligence}, you must pay the Interest or penalties when due or reimburse us if we pay them. You mu~ pay personal property taxes assessed on the Vehicle, whether you are billed for them by the government or whether we pay them and bill you for them or include the amount 01 such laxe as part ot your monthly payment. This paragraph will survive terminalion of Ihis lease. Returned Chtck Charge. If any check you give us in payment of any obligation_ under this lease is dishonored or returned for any reason you agree to pay a returned check fee of $25 bl if appficabfe law permits a higher amount or limits such a fee to a lower amount, you agree to pay such higher or lower amount ' Use 01 the Vehicle: You will keep the Vehicle permanently garaged at the address shown in this lease. You will keep the Vehicle Iree from any liens or claims. You have the risk of f", and are respo~slble for !he Vehicle's damage or destruction. You Will not allow unlicensed drivers to drive the Vehicle. Vou will not use the Vehicle for more than 30 days outside the stat where Ihe Vehicle was fllst lilled wilhoul our prior wrillen permission, rr we permil you to regisler Ihe VehiCle in another slale. you agree 10 pay aft costs and expenses of regtstration plu an admlOlstratlve fee of $50. We are not required to permit you to move the Vehicle to another state. Ackno~l:dgment. You acknow.ledge rou have exa.mined .the Vehicle. You acknowledge that the Vehicle is equipped as you want. that it has no missing parts aod that it Is in goo' condItion and the odometer mIleage IS as shown m Section 2. You accept the Vehicle for all purposes of the lease. You further acknowJedge you have taken delivery of, the Vehiclf Odometer. You are required to maintain accurate mileage records of your usage of the Vehicle. Normally, usage is determined solely by the odometer in the Vehicle. However if th o~Clmeter should break for any reason. you must immediately repair or replace the odometer and be able to provide us with proper supporting documentation to indicate the da'te an mileage when the odometer failed and the date when it was repaired or replaced. II the odometer maifunctioned or was tampered wilh and you cannot substantiate the mileage shown 0 the odomeler, you agree to pay the amount we estimate Ihe Vehicle's market value has been reduced by reason ot additional miles not rellected on the odometer, the inability to determin the Vehicle's aclual mileage, or both, This paragraph will survive terminalion of the lease. Odometer Disclosure. Federal law requires you to properly certify the Vehicle's mileage at the time of lease termination, whether or not the Vehicle is returned to us. This certification neElded so that we can transfer ownership of the Vehicle. Failure to certify the mifeage or making a false statement may result in fines and/or imprisonment You must certify the mileat even if you buy the Vehicle. If we transfer title to the Vehicle and provide incorrect odometer information, either because you did not provide a certification to us or you made a fal~ statement, you are liable for and will indemnify us against any claims, damages, penalties, fines or losses, including our court costs and attorneys' fl!itls', which we may incur in connectio with your failure 10 cnmply wilh the law. This paragraph will survive termination of the lease. ,,'I Indemnification. You agree to indemnify us and hold us and our assignees, agents, and insurers harmless from all damages, injuries, claims, demands, and expenses, includill ""onable aUorneys' lees, arising out of the condition, maintenance. use or operation of the Vehicle, Including a claim under the strict nability doctrine. 'I SeeuTity Interest. We reser" a securily inleresl of Ihe following type in the following properly to secure performance of YOUT obligations under the lease: any un"rned returned premiun or charges or other amounts relating to insurance or any optionai product or service sold in connection with this lease and returned OT paid to us. You will earn no interest, increase' il profit with respect to such property. :1 Waiver. If we fail to exercise any right or remedy at any time, we do not waive the right to do so at a later time. ,I Giving Notice. Nolices may be given personally or sent by first class mail to the address shown on Ihe front side of this lease. Nolices shall be deemed given to us when they are personal given or actually received at our address shown in Section 1 or as we otherwise direct from time to time. Notices shall be deemed given to you when they are personally given or whf placed in the mail, addressed to you at your address then shown on our records, even though you might not actually receive our mailed notice. Vou agree that 10 days' notice is a reasonab notice period, unless state taw requires a longer period, in which case you agree that the slate required period is reasonable. ASSignment and Transfer 01 the Vehicle. YOU MAY NOT ASSIGN THE lEASE OR,TRANSfER THE VEHICLE WITHOUT OUR PRIOR WRITTEN PERMISSION EXCEPT AS DESCRIBED IN TH lEASE. We may assign all 01 our righls under this lease. You agree to render p~rformance of your obligations to the original lessor and, upon receiving written notice 01 any assignment, the Assignee or any subsequent assignee. The person to whom we assign our righTs may reassign Ihem. You may nol assign your Tights aod obligalions under this lease, except lhal, \ agree thaI an assignmenl at your Obligations under the lease to a licensed molor vehicle dealer in connection wilh the purchase or lease 01 another motor vehicle will be permitted, howev' you will remain liable for the obligations under the lease until we release you, or all amounts due under the lease are paid and all obligations fulfilled. Generar. This lease is Ihe enlire agreemenl belween you end us. We have not made any promise 10 you Ihal is not in this lease. Any change to Ihis lease musl be in a wTiting thai sianed by you and us. If any provision of this lease is found to be void or unenforceable, this lease is to be read as if that provision were never contained in this lease. Governing law. II any part of Ihe lease is invalid, unenforceable or illegal in any jurisdicllon, the part that is invalid, unenforceable or illegal will not be ellective as 10 that jurisdicti, The resl of Ihe lease will be enforceable, If you lease the Vehicle primarily for personal, family or household purposes. the iaw of the state in which you reside will govern the lease a the interpretation at the lease. II Ihis lease is not primarily for personal, family or household purposes, you agree that t~~ law! of the slate in which the original lessor does business, shown in Section I, shall govern this lease and your obligations. Arbitr~tion. You and we agree that Disputes [detined below) Ihat arise under or in connection with this lease shall be subject to binding arbitration. A "Dispute' is any controversy-pi cia arising from or relating to this lease, A "Dispule" includes, bul is not limited to, the negotiation or breach of the lease, or any mailer arising from the lease of the Vehicle 1n"lving a lessee, Co-lessee, Co.Signer, Guarantor, lessor or any assignee, agent, employee, surety bonding company or insurer of any of these persons. A "Dispute" also includes any quesli regarding whether a matter is subject to arbitration under this paragraph. You and we agree that if any Dispute arises, either you or we may choose to have the Dispute resolved by pino: arbitration under the rules then in e/feel of Ihe National Arbitration forum, Box 50191. Minneapolis, MN 55405 (612-631-1105). The eleclion fa arbitrale may be mad...ven jf an acf' has been filed in court, so long as no judgment has been rendered. The arbitration hearing shall be held near where you signed this lease on 30 days' notice to the parties. The arbitrator shall apply relevant law. The hearing shall be concluded within 120 days unless otherwise ordered by the arbitrator(s). Th~ award shall be made within 30 days aft~r the close of 1 slJbmission 01 evidellce. The t.IecisiOli'of the illbiltatol(sJ shall be evit.lenced by wlitten, reasoned lint.lings of lact and conclUSions 01 law. An award by Ihe arbitrator (or If more than onr majorily of the arbitralors) shall betinal and binding on all parties to the proceeding. Each party shall pay all 01 its own arbltrafion costs and expenses, including allomeys' fees. Judgm' 011 the award may be entered by either party in any court of competent jurisdiction or the highest local, state or federal court orbefore any administrative body. This agreement to arbilr Disputes shall, with respect to any Dispute, survive the termination or expiration of this l~~se. Nothi~g in this paragraph ~r in t~is l~ase shall be deemed to giv~ the a~~itrator(s) 2 authority, power Dr right 10 alter, change, amend, modify, add to or subtract from the proVisIOns of thiS Le~se. No c~ass ach~n arbltr~lIon m~y be ordered under thIS provlsl~n 8IId thl shall be no joinder of partjes, except for joinder of parties to this lease. The parties agree th~t the transactions relatmg to thiS lease Involve mterstate commerce and that thiS agreeml to arbitrate shall be SUbject to and governed by the federal Arbitration Act 9 U.S.C. Sections 1-16. as amended. BY SIGNING THIS lEASE. YOU ACKNOWLEDGE THATYOU HAVE READ n PARAGRAPH. YOU UNDERSTAND AND AGREE THAT: YOU ARE GIVING UP THE RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT 10 A JURY TRIAL AND THE RIGHT TO fill CLASS ACTION; YOUR ABIliTY 10 COMPEL OTHER PARTIES 10 PROOUCE DOCUMENTS OR TO BE EXAMINED IS MORE liMITED IN ARBITRATION THAN IN COURT; AND, YOUR RIGHTS APPEAL OR CHANGE AN ARBITRAtiON AWARD IN COURT ARE VERY liMITED. BANCONSUMER FORM USS911.5.2IRev. 9/981 PENNSYlVANIA n~ ~ c " ~ ",-" ."-~ ~ ,;-.; . , . ,'. ~,--, ~ .,.- -, ";~ -;2-,0,';"" " , 'J , ... .. CERTIFICA TE OF SERVICE AND NOW, this 11. Ie!) day of May, 2000, the undersigned does hereby certify that he did this date serve a copy of the foregoing COMPLAINT upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kevin C. Sunday 24 Howard Drive East Berlin, PA 17316 JOHNSON, DUFFIE, STEWART & WEIDNER By: I\m,on., \. ~.-f:.,\,,'X.~ Michelle M. Bross Legal Assistant ~.;..;..~~~~...... iiiliill!iuli'"~" ~,........- IJoiIl1 ~=""'--'!/;i;Il'~ ,-~ .~ < - . 0 0 0 r,; 0 -n ::-- :J!: :::;j L'J-t'f: J:A!t r-;.~:U rTI(T~ -< Z :u --;.',}n ~i~~ U1 :::J,? :'~1o [::0 -0 -r -I. ~~ >=< ::JJ:: r;,,:I] ~C) 5>C w Om ~ '" ~ -<; c..;) -< :J "'._~ ..e~' COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL " fROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.t-~ - 0)'11.. ~ c1i~ NOTICE OF APPEAL 1~ Notice is gi_ that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. JUDICIAL DISTRICT MAG. DIST. NO. OR NAME OF D.J. aTY O'1-/-(!)/ STATE ZIP CODE rr<\, 1731 CV 12 ":000074-00 lT 19 This block will be signed ONLY when this notation is required under Po. R. P J.P. No. 1oo8B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS ta the judgment for possession in this case. (Defendant) v; SIGNATURE OF APPELLANT Signature of Prothonotary or Deputy LAIMANT (see Pa, R.G.P.J.P. No. tOO t (6) i action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. fF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon /... , 6, S ""': of h ~,., r& , appellee(s), to file a complaint in this appeal ~ _ ... ..Name of ~~Jee(S) (Common Pleas No. ;)666 ri4~3 ~ithin twenty (20) days after servic Of his attorney or agent RULE: To t.. ;:S. $1fV\;.j. h Fa 14" Name 01 appelllleM , appellee(s). (1) You are notified that a rule is ~by entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal~ice or by certified or registered maiL . . (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOU. Date: T:lrr: , 20 ~ . ..w:::: . (3) The date of service of this rule if service was by mail is the date of maili NJPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY ;,,;;lliil'J~~~~li!!itllillil!QE_'"""'--'"T ~'_r -":'1/:'''__: W!=~'. <- ..r, ._.1. . _ .l-ll'" ,-Ju~,n jlL_L _~j, IiII1t .. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT , (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice ot appeal, Check applicable boxes) COMMONWEALTH OF PENNSYlVANIA COllNTY OF ; .. AFFIDAVIT: i hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No" ' upon the District Justice designated therein on (date ot service) ~_ D by personal service D by (certilied) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 19__ D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. D and further that I served the Rule to Filea Complaint accompanying the above Notice of Appeal upon theappellee(s) to whom the Ruie was addressed on , 19~ D by personal service D by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,19_ Signature of affiant Signature of official before whom affidavit was made Title of official My commisSion expires on . 19_____ ~ ~ ~ .r:- ~-t' >l~"",,,,__ ~ " ~~-., ~,'," ~:' n () c <: -oED Olrn Z:v z: S;~ v.~J '_, ':c ,.' ~G :r>c; ZC'" , )>c ~~ ([) [C'Q) ~ 10 CI) :f) t<.,1'J V ~~ ~ ~ ,. <::> C) ~ "'U 7) N o -0 :it r::> ~'" '.0 o -n :.j rhfJ -.-.m -~--;'O ~~~ ~B;-' C5Cf1 -, ,~ ~ ) , ~,t COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND t I" , Address: CHARLES A. CLEMENT, 1106 CARLISLE ROAD CAMP HILL, PA JR. NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF; NAME and ADDRESS 'L.B. SMITH FORD I 12TH & MARKET STREETS LEMOYNE, PA 17043 L ~ VS. Mag,Oist.No.: 09-1-01 OJ Name: Hon. Teleph,"e (717) 761-4940 17011 DEFENDANT: NAME and ADDRESS 'sUNDAY, KEVIN 24 HOWARD DR EAST BERLIN, PA,,17316 L Docket No.: cv- 0000074 - 00 Date Flied: 2/04/00 I KEVIN SUNDAY 24 HOWARD DR EAST BERLIN, PA 17316 ~ '1;< THIS IS TO NOTIFY YOU THAT: Jud(fmehl: [iJ Judgment was entered for: D-'F.FAiJir'T Jiii)(.iMRl\TT PT.TF (Name) T. R !'lMT'I'H FnRn [iJ Judgment was entered against: (Name) !'lTlNnl\V, KRVTN in the amount of $ 2,110 q4 on: (Date of Judgment) 1/21 /00 . . D Defendants are jointly and severally liable. D Damages will be assessed on: (Date & Time) D Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Amount of Judgment $ 2,243.94 Judgment Costs $ 67.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2.310.94 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D This case dismissed without prejudice. D Levy is stayed for days or D generally stayed. D Objection to levy has been filed and hearing will be held: - - --.... Date: Place: Time: " ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF J~DGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT ARYfCLERK OF THE COURT OF COMMON PLE~S; CIVIL mVISION. YOU MUST INCLUDE A COPY OF TH S NOTICE OF JUDGMENTfT ANSCRIPT FORM wrrH <tOUR NOnCE OF APPEAL. /' r--:-. 3/21/2000 Date I' ., If, , District Justice I certify that this is a true and correct copy of the record of the proceedings c Date taiililJ9. the jUdgment. !!<~ "",'bis\Fict Justice My commission expires first Monday of January, 2002 SEAL AOPC 315-99 '''''''."....,...~~~.......~,,~filll,.~\lIIlli.llilJ,ill!!M,~ 1.~f~lj~'.I~I~~~ l~"!f~!i~~!ll~,"'!~.,""..f~" CoMMoNWEALTHOFPENNsYLVANIA' ,,' ".ICEOF APPEAL COURT OF COMMON PLEAS FROM DISTRICT JUSTICE JUDGMENT COMMONPLEAsN.#~_~LJ 13 C4<l!.P NOTICE OF APPEAL '. I~ Notice is gi'len that the appellant has filed in the above Court of Comman Pleas an appeal from the iudgment rendered by the District Justice on the date and in the case mentioned below. JUDICIAL DISTRICT OfY, r"" , [MAG. DlST, NO. O. NAME Of OJ, 01-1-01 STATE ZIP CODE NAME Of APPaLANT k1:V'''' (!. SuvM'/ ADDRESS OF APPEUANT tl4.f I-IOu.u.\RI:> PI"", EA"io.7 DATE Of Jl.lDGMENT II"-l THE CASE OF (Plaintiff) 3'~":Zk L.i!,.Sm,'-I1. Pot<.f) ClAIM NO. '731(" (Defendant) vs. ,1<Ii'VIU $",,,,;)>'1'- SIGNATURE Of APPB.LANT OR HIS ATTORN Y OR AGENT CV 12 {,)00CJ074-oo LT 19 This block will be signed ONLY when this notation is required under Po. R 10088. . .',. ,,',. "... This Notice of Appeal, when recei'led by the District Justice. will ,operate as a SUPERSEDEAS ta the judgment far possession in this case. I LAIMANT (see Pa. R.C'p,J,P. No. 1001 (6 V ,'action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filint} his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER ROLE TO FILE COMPLAINT AN~ RULE TO FILE .' , (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P No. 100t(7) in action before District Justice. IF NOT USED, detach from copy of riotice of appeal to be served upon appellee). PRAECIPE:, To Prothonotary ,. .,.,..- , En~ rule upon /.. , a, s~:". h p",g r-d:" ' . i , . , , , appilllee(s), ta file a complaint in this appeal ~ __, ' Nameot~fee(s) (Comma," Pleas t;,!o. d 606- ~t.jf..~ ~Within twenty (20) days after servic RULE: To 1... i:5. $w';+h FO R~ Name of appe/~e(s) , appellee(s). '.' ~ ,," (1) Yoo are notiliedthat a rule is hereby entered upon you ta file a complaint inthis appeal within t~!)ty(~O) days after th~QaJ~()l service of this rule upon you by personal service or by certified or registered maiL; ,~.):;:';~~~~~; :" ~,~ >, .. " ~'\, ", . " -' ~~")~~'~('_:;' ,(t,~,: '_, ~:); ~. ~~~j_, , _'," ' (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL Be~fd~~'j,G<\INsl~.~' 'i:<, ;, (3) The date of service elf this rule if serYice was by mail is the date of maili:;tV ";""0 . ,,';~~. Date: Rpri I 20 .~ . , ,~ . N)pC 312-84 COURT FILE ~{~IDi~~~n~~'\5}:-!}4,~'l::~~:Jj;:,:_)~~:;'\!,-;:,,}~,,'( kC", '" ~ ' ;, ,ii',": ':':-' '< ;)""1~\..,ii5,C-i.l",'.'-.i,;-- ,;-' n,;~-;""', .."" "~'''-:-, -",~~,-"'[ .~","',"'.< '. .". ".. .."~.."'....; ;.....:.....~....~\......... . 'Nt"'\"'-"l.t"'-If~'_l''''~'*''''~''1'f..~il;l ~'<<'!'fLl~l';~f''<'~~'~~ :, ''::r .~-",--':':'Y~":,; :i~~,;- :-" ",:;_4,f't1i~',~-\ r :, _ till J!j.~l..", "'''..!' ". -, J --lj", 1:l~~ '~~.l "'_,m, .~.. ";"U,,,..,f,,,_,_. -':^"\~""-I'*.~?,~'T~~";c:;~, ',,, ,;';;'i ~l'!' ~",,'- -" ~' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) AFFIDAVIT: I hereby swear or affirm that I served o a copy of thll Notice of Appeal, Common Pleas No,~-:;t~3 ,upon the District Justice designated therein on (date of service) t-If"'r I 2"1, ,..".,..~ , 51 b.l personal service Oil" by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee. (name) J.... ~, S.....~ ;-bQr. , on Elpc.!'\ '2r ,1r 0 by personal service ~by (certified) (registered) mail, sender's receipt attached hereto, o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19_~ 0 by personal service 0 by (certified) (registered) mail, sender':; receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ("')c, r\_ ' , d ...) DAY OF I """V {'~ \ , 19 (c) '-"",7 COMMONWEALTH OF' PENNSYlVANIA COUNTY Of Cy~"~~It:i,,,,& ; ss THIS ..-,.-- ~~f~r~ whom affidavit _w'f ";afe ..~' -!AP~ 14' a If II", ~ /..;1' (,; :) !. ~ _.19_ Title of official My commission 8xpirOs on Nomnal Seal Linda S. 7';,'v";Grman, NotarY Public HoPlSW€~: 1\:';~., Cumbe:"l-a!';d County (u,~,y. Comrmisslon Expires Sept.'B, 2003 ,Pennsylvania ASsoc;aIklnOl Nolartes . , , ~OTHONoTARY CUMBERLAND COUNTY COUR~ ONE COURTHOU~ SQUAal faAAL,Ia.E. PA 170lNIIIIfJ [I!lII - / /; .// __ ,. ./ .,.-,7 ~', ;,' "/ "",' .' ,~~'~ ,0",,;,,""., _ ," .-,,-1" ...___......~ .. .. t/ I / o c:: ~ -U OJ lTifT1 Z::D zr co?: ~.L yO :?c Z/-." ~c ~ -< , .. ~'~, ~ ". ,,~,", (;:) C) """ '1J ;:0 W _.~~~ Signature of affiant o -rl :I'" .- - -~-\ '~::;fg '~2~ --:'_-S;r:, ",""" ...--..l -' l~, C)~ 15,r~, 5; ?t q? ':.::> r>...)- -. '"-~&S;;;,,~~,';S:;;: '~,:;:.:-~";. : .~: _:-.~I ~" , , - ~~ I ..-'I l"- S ", .., ru ..-'I IT' 3:3 Postage $ Certified Fee ", Cl Cl Cl Return Receipt Fee (Endorsement Required) Restricted Delivel)' Fee (Endorsement Required) Cl Cl S ", IT' IT' Cl r- Total Postage & FeelS $ 16:19 109 POST VAl,,-I./'lP TOTAL' CASH T CHANGE 2..65 2..65 2.65 .0@ ---------------------------------- **** U.S. POSTAL SERVICE **** EST BERLIN PA~ 17316 412228 42.00 SANDY Ii 03 84-26-00 16:19:22 ---------------------------------- CUSTOMER RECEIPT ---------------------------------- 1eJ9 POST VAL IMP 2.65 TOTAL CASH T 2.65 2.65 CHANGE .00 ~--------------------------------- *** THANK YOU *** ---------------------------------- , -~~..,' , ",-- --,-,-',-,-- L. B. SMITH FORD, INC., Plaintiff, vs. KEVIN C. SUNDAY, Defendant. .' J~ " - :il ,;'JJ ,,_,~_I~ ^".' '-" "ro-"'"",'",--,',:;'", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 2483 CIVIL NOTICE YOU ARE HEREBY NOTIFIED to plead to the within Counterclaim within twenty days after service of this Answer and Counterclaim. FLOWER, FLOWER & LINDSAY Attorneys for the Plaintiff James D. Flo , Jr., 11 East High Street Carlisle, PA 17013 (717) 243-5513 I.D. #27742 . "J' - ",-, ,,-,'., '-" , "_',~, ,'.'__-~' ,'~;;-;.-- ".+.:s.\;"",',,-,"-,,' "'j"""';;--:'j L. B. SMITH FORD, INC., Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN C. SUNDAY, Defendant. NO. 2000 - 2483 CIVIL ANSWER AND NOW comes KEVIN C. SUNDAY, through his attorneys, FLOWER, FLOWER & LINDSAY, and makes the following answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. After reasonable investigation Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. Also as part of this transaction, Plaintiff provided a customer order to Defendant, a copy of which is attached hereto as Exhibit "B". On said order the Plaintiff indicated that '1f payoff is less than $19,000.00, you receive difference, if more than $19,000.00, you pay difference." The closed end motor vehicle lease which Plaintiff attached to his Complaint as Exhibit "A" indicated a payoff of $19,000.00 for Defendant's 1996 Jeep Grand Cherokee. Defendant has not been provided documentation to determine the appropriate payoff on the aforesaid Jeep Grand Cherokee. Furthermore, the closed end motor vehicle lease indicates an amount due of $2,750.00. 2 ~ ,'. ' ~- ~" 'b',' >~, ' '1,--"<,;-_,1 '~i Defendant made a payment to Plaintiff by check in the amount of $1,200.00, on or about February 15, 1999. Defendant made an additional payment to Plaintiff in cash in the amount of $900.00. Considering the amount due on the face of the closed end motor vehicle lease attached to Plaintiffs Complaint as Exhibit "A," and the payment made by Defendant, the amount due would appear to be $650.00. If the appropriate trade-in was for more than $19,000.00, the amount due should be less than said sum. WHEREFORE, Defendant requests that the relief sought in plaintiffs Complaint be denied. COUNTERCLAIM AND NOW comes Defendant and makes the following counterclaim against Plaintiff: 6. Early in the period of the warranty on Defendant's vehicle, beginning when the odometer read 3,887 miles on March 18, 1999, Defendant's 1999 Ford Explorer developed noises in the area of the front end. It was serviced for this problem and related problems repeatedly numerous times, including on or about October 15, 1999, on or about November 22, 1999, on or about March 13, 2000, on or about March 24, 2000. The problems with the motor vehicle included not only noises, but a vibration, which appeared when driving the vehicle at higher speeds and a rubbing or grinding noise at lower speeds. 3 '"' -'-' = :-,~; '-'" ~,~ . '~"'"" ,"- ~,:-_:~ ;~-'~-,~;,:'~- .;, ~",; .c,,,r_:",~,:i:~~~ 7. Defendant believes and therefore avers that the motor vehicle in question was in a defective condition when conveyed to him, and that Plaintiff had more than adequate opportunity to repair the motor vehicle and remedy any problems with it, and has failed to do so. 8, As a result of the defective condition of the motor vehicle, Defendant believes that said motor vehicle now has, and from the date of the lease, has had, a lower market value than it would have had if not defective, such that Defendant did not receive full consideration at the commencement of the lease. WHEREFORE, Defendant requests that the Court enter judgment for the Defendant in an amount not in excess of $25,000.00, requiring submission to a Board of Arbitration for determination. FLOWER, FLOWER & LINDSAY Attorneys for Defendant ames D. Flo 11 East High Carlisle, PA 17013 (717) 243-5513 I.D. #27742 4 ,-,./, -" .' " ',,-, ~ c.' -,' .',-,~, '~, _ VERIFICATION I, KEVIN C. SUNDAY, Defendant in the within action, hereby verify that the statements made in the within instrument 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. Section 4904, relating to unsworn falsification to authorities. ~~ Date: July ,2000 , CLOSED END MOTOR VEHICLE LEASE Lease Date: ] Business, Commercial or Agricultural Purposes lease L B SMITH FORD INC Ii.. 12TH AND l'1ARKET' STREETS LEMOYNE FA 17043-0606 .KEVIN SUNDAY '24 HOWARD DR ~fif:rfr i1E~~~N PA,17315 You are the Lessee(s) named above. We are the less-or named above. We intend to'assign this Lease Agreement [the "lease") to the Assignee named below. Prior to the assignment, any r'eference'in this Lease to "we," "us" or to "Lessor" shall mean the lessor named above. However, unoer the Federal Consumer leasing Act, both we and the Assignee named below are considered "Lessors," Except fdrthis required disclosure, the Assignee will have no rights or obligations as a Lessor an this Lease until,it is assigned. Then, any reference to "we," "us" or to ':Lessar" shall mean the Assignee. Each of you who signs the Lease is indiVIdually llable to us for all Lease obllgations. You are leasing the Vehicle described below {"the VehIcle") from us. You agree to pay all amounts due under the Lease and.fulfill all your obligations under the lease. You intend to use the Vehicle primarily for personal, family or household purposes unless the "Business, Con:mercial or Agricultural Purpose Lease" box: above is checked. In this Lease, "e" means an estimate. New I Used I Demo I ] 99 Equipped With:- fORD 6 1 i",MYU24-0 U ,6 r- "I""" r . Monthly Payments Other Charges (Not part of your monthly payment) Total of Payments Amount Due at lease, Signing or Delivery Your first monthly payment of $ 396. 1 {The amount you will have (lte'mized below}':' 'is due on FEB, 15TH . J.9.9> Disposition fee (If you do not paid by the end of the Lease) followed by 59 payments of purcha~e the Vehicle) $ 250.00 $ 396. Sldueonthe ]7TI. $ N/A $ 2,750.00 of each month. The total of your monthly payments '$ $ 2.5.-994.09 '- " is$ 23,790.i,!,O Total $ ./ /' "Itemization of Amount Due at lease Signing or DeliveIY '\ , Amount due at lease signing or delivery: Refundable Se'curity Deposit +$ 40,). Olffow the amount due at lease signing or delivery Capitalized Cost Reduction $ 1. 7 33. 9 ~ttie Fees +$ 22. 5~i11 be paid: Sales Tax on Cash Oownpayment +$ 150; . OlRegistration Fees +$ 41. O~et trade-in allowance** $ "bl/A Sales/Use Tax +$ N/P!. +$ MIA Rebates and non-cash credits +$ Nil'. Optional MBP +$ N/A +$ MIA Amount to be paid in cash +$ 2.750. ; ) 1 First Monthly Payment +$ 396.51 ~repaid Rentai Payment +$ t</A Total =$ 2.750.0<C .. Total -$ 2.750. f l) , /' Your Monthly Paymeot is Determined as shown below: " Gross capitalized cost. The agreed upon value of the Rent charge. The amount charged in addition to the Vehicle ($ 28, aoo, OJ:and any items you pay over depreciation and any amortized amounts +$ Ii. 76" .01;; t~e lease term (such as service contracts, insurance, and any Total of base monthly payments. The depreciation and outstanding prior credit or lease balance) $ 2S.050.00 any amortized amounts plus the rent charge =$ ] 1., g:r~'. 20 Capitalized cost reduction. The amount of any net trade-in allowance, r~bate, non-cash credit or cash you,pay, that lease term. The number of months in your lease : 60 reduces the gross capitalized cost -$ , 1.,733.93' Adjusted 'capitalized cost. The am~unt used in Base Monthly Payment =$ ,~,6;'< '7'7 calculating your base monthly payment =$ 27. 316.07 Residual Value. The value of the Vehicle at'the end of + N/FJ. the lease used in calculating your base monthly payment -$ 12..2.56.95 Depreciation and any amortized -amounts. The amount Monthly sales/use tax +$ ~)). 'e4 charged for, the Vehicle's decline i~ value through normal wear and for other ttems paid over the lease term =$ 15,059.12 Total monthly payment = :196, $1 '- ./ EARLY TERMINATION. You may have to pay a substantial charge if you end this lease early. The ch.up;e may be un to several th~usand dollars. The actual charge will depend on when the lease. is terminated. The earlier you end the lease. the greater this charge is likely to be. J.x<;~ssive Wear and Us,~. You maY__b~ .ch.argedJpr ex.c.e.s$,Ne....w,g,aLb.ase.cloo.o.uuta.o.da.rdsJor n.nrm~r_ 11O;:P-'i.$lJL-d.rill;:,jn..exc:ess:~f , 'C;:~________.,.mjJ.~or__., year; the excess mileage penaity"wili be $ I b(. '~hmiie., (If spaces are ieft biankifor mileage in excess of l.DOO,mlles/<m~nU:. you ~iil be charged $ .15 per mile.) - ~ ","'"", _ \. ' _ 2; ~ V".;:I 3 ~ 4\::. Purchase '9ption at E,nd of lease Term_ You have f1ie",o" ',t.' purchase the Vehicle at the end of the lease term for $' . The purchase option price d~es not incllJde official fees such as those for taxes, tags, Iic~nse and regiStration. , ' Other Imp9rtant Terms. See your Lease documents for additional information on early termination, purchase options and maintenance responsibilities, warranties, late and default charges, in$urance, and any security interest; if applicable. ~ .... Agreed upon value of the Vehicle $ ?& lion 00 SalesJax (Including Luxury Tax) $ N/;il, Mechanical Breakdown Protection $ >J/A $ N/A $ N/~ $ :::- sn. ,r'~i:! i_i' ~ '"' WI ~ -I e>- el >- 0.: ..;.! t;; :-,-:::: (':-) (~:. :5 ,.::( 0 ~z -, ~.'~- '.,," <O- iL >"':. '-J " ;>- ,:70) .("'>J ~::! Z =! ---LZ 1_: !LLJ =) ~ Cl. ~ '- = :::> 0 0 () ---~_.^"_._,._,-,-" - --------------- - Adjus,ted capitalized cost. The amount used in Base Monthly Payment =$ 3t~ ~< 77 calculating your base monthly payment =$ 27 ,.316,07 . ! Residual Value. The value of the yehicle at the end of + Nt'!'. \noc \.~a'5'C US'CQ '\11 ca\cu\a'l.ing your base montl11y payment -$ 12',256.95 Depreciation and any amortized amounts. The amount Monthly sales/use tax +$ 3'2_ "e.:!: charged for, the Vehicle's decline in value through normal wear and for other items paid over the Lease term =$ IS,059.12 Total monthly payment = 396. $1 '- f EARLY TERMINATION. You may have to pay a substantial charge if you end this Lease early. The charl!e mav be un to several th~usand dollars. The actual charge will depend on when the Lease.is terminat~d. The earlier you end the Lease, the greater this charge is likely to be. " " E.xcessive Wear and Vse. You may be charged ~ excessive.w~ar based on ouutandardsfor rJ,Otmal llsdIYou 9.riJI.~in.excess of '. .i5000.. " . .... . "mo.,o, . year; the excess mileage penalty'will be $ 1 tJ . . J~e~s mile.. (If spaces are left blank; for mileage in excess of},OOO miles/~onth, you ivill be charged $ .15 per mile.) . ,t<lii""h''" ,.' 12,<053.46 ~urchase Option at End of Lease Term. You have ftle;o-, t :n"{ 'pUrchase the Vehicle at the end of the Lease term for $ . The purchase option price do.es not include official fees such as those for taxes. tags, license and registration. Other Important Terms. See your Lease documents for additional information on early termination, purchase options and maintenance responsibiltties, warranties, late and d~fault charges, insurance, and any security interest; if applicable. ~ "- Sales Tax Mechanical Breakdown (Including Luxury Tax) Protection $ N/1>. $ N/!; $ N/ll<$ NIl', $ IF YOU DO NOT MEET YOUR OBLlGATIONSUNDER THIS LE~SE.WEMAY RETAKE THE VEHICLE. ;.7:W,~~ll.'..~~'.~l.ifta; :fgpjljj,"~!:m%~'t\i~ldi.,~i *~ fu~~~~~J:I!.ij: Official Fees and Taxes. The total amount you will pay for, offidal aryd license .fees, Late Payments. The charge for late payments is: 7% of the base monthly payment for any registration, title and taxes ov~r the term of your Le~se, whether Included With your monthly payment not received within 10 days of the date it is due. payments or assessed otherWise:, $ 1. ~.:.. 2. ~ ~G e No late charge will be assessed or collected when the only delinquency is late charges Warranties. The Vehicle is subject to the following express warranties: If the Vehicle is new, assessed on an earlier delinquency. the Vehicle is su~ject. to th~ manufacturer's. standar,d new car warranty. [ ] If this box is Disposition Fee (See "Return of the Vehicle" on the other side of this lease): checked, the VehIcle IS subject to the follOWing express warranty or guarantee: ' . $ 250.00 Early Termination Penalty (See "Terms Concerning Early Termination of the Lease" an the ather side of this Lease): Other (SpeCify) i:lANK-PEE 'j.sn If the Vehicle is not neVi, and no warranty is identified in the prevIous sentence, there is no express warranty on the Vehicle. Unless prohibited by law, the following two sentences apply. YOU ARE LEASING THE VEHICLE "AS IS." WE DISCLAIM ANY WARRANTIES IMPliED BY LAW, INCLUDING THE IMPliED WARRANTIES DF MERCHANTABILITY AND FiTNESS FOR ANY PARTICULAR PURPOSE. If we make a written warranty covering the Vehicle or, within 90 days of. the Lease Date we extend a service contract covedng the Vehicle, this disclaimer will 'be modified only to the extent of those specific warranties. Physical Damage and Liability Insurance. You have obtained the insurance that is.'required for this lease (see "Insurance" on the other side of this Lease.) INSURANCE COMPANY , ALLSTATE INS CO POLICY # 008153631 NAME OF AGENT/ADDRESS PI'LIL i'lA.'TI'US AGENC.Y (717) 73.l-51!S6 You are not required to_ buy any_ optionaLproducts and services to enter into .the Lease. The term of any product or service will be the Lease term, unless a different term is shown to the right If yol,l decide you want to buy an optional product or service,.review"the'terms of the contract which describes the product or service before you initial to the right. A completed copy of the' contract will be given to you as soon as practicable. By initialing to the right, you indicate that you want to buy the optional products and services indicated. If the cost,shown is not shown ,as part of the Itemization of Amount Due at lease Signing above, it has been added to the Gross Capitalized Cost (see ~bove). Optional Mechanical Breakdown Protection {"MBP~J Term - Lessee's Initials Coverage Optional Service Contract Term or Extended Warranty Term Lessee's Initials Coverage i The lessor's aut~orized signature indicates the lessor has accepted the terms, conditions and obligations of the Lease and that the Lessor agrees to the "Lessor's Assignment" provision ion the other side of this Lease.' . Lessor Name: Assignee Name: Fir!t NJiloniiilW,J;kfJiiMlr;Q~l{nd jli?ll~isions Dauphin Deposit Bank, York Bank, Bank of Pennsylvania, Farmers Bank and Valleybank By: -Type/Print Name: Type/Print TItle: lEASE GUARANTY . 1 (the Guarantor{s) signing below) understand that the lessor and Lessee named above have entered into a vehicle lease agreement ("the Lease"} qated ~s of th~ da~e aboveL). hereby unconditionally guarantee full and timely. payment when due of all rent~ls and other payments and the full performance by lessee of all promises, terms and conditions of the .Lease {collectively the "Liabilities"}. If an event of default occurs under the lease, I shall pay immediat~ly any amounts due from the lessee or take any action required of the Lessee under the lease. My liability under this Guaranty is primary and wiJlnot be affected by any settlement, extension, renewal or modification of the Lease or by the-discharge or release of the Lessee's obligations, whether or not by operation of law. I waive, all damages, presentments, and demands and notices of every kind and nature, I agree to pay all expenses (including attorneys' -fees and legal expenses) you payor incur in trying to collect all or any part of the Liabilities, and in enforcing this Guaranty. This Guaranty is an absolute, continuing and unconditional guaranty, After assignment of the Lease, thiS Guaranty may be modified or terminated only with the assignee's prior written consent Any parts of this Guaranty which conflict with any statute; rule or law, shall be deemed null and void to 'the extent of such conflict" but without affecting the rest of this Guaranty. If more than one party. signs this Guaranty, each is jointly and severally obligated. Each signer on behalf of any corporate guarantor warrants that he had authority to sign on behalf of such corporation and by so signing, to bind the corporate guarantor under this Guaranty. ' Signed in the presence of: . (SEAL) EXHIBIT Signature of Guar~ntor Date Signature of Guarantor J 8ANCONSUMER FORM USS98,5.Z (Rev, 9(98) lESSORCOPY-WhileoOEALERCOPY.Canary-LESSEECOPY.Pink-COPY.Goldenrod (IBIl PENNSYLVANIA ...d:I.>..... . ,.... ".- ~~'-~ "1-.__", ,-,-,-' -"'-"N;~.. "~.'"'- .~"'~"'o ,"~ ~ ' - .--* Johnson, Duffie, Stewart & Weidner By: David J. Lanza LD, No, 55782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff L.B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 2483 Civil 2000 v. CIVIL ACTION - LAW KEVIN C. SUNDAY, Defendant ANSWER TO COUNTERCLAIM AND NOW, this /I-l1-ay of August 2000, comes Plaintiff, L.B, SMITH FORD, INC., by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and provides answers to Defendant's Counterclaim as follows: 6. Denied. It is denied that the vehicle had or developed a problem with "noises." Plaintiff serviced this vehicle numerous times in 1999 without ever detecting any evidence of any such noise. Defendant brought the vehicle to Plaintiff numerous times for miscellaneous service without raising the aforesaid issue to Plaintiff. 7. Denied. The vehicle was not in a defective condition when conveyed to Defendant. It is denied that any repair work is necessary. 8. Denied, It is denied that the vehicle is defective or that the market value has somehow been adversely affected, . ", ~~ 0 , -- -~<< , " ~. . .--t.' ""~ '__,_ .~" : WHEREFORE, Plaintiff respectfully requests that Defendant's Counterclaim be dismissed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ David J. Lanza Attorney I.D, No. 55782 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :137557 ~"" , -~ _0_ _ _ 0"_' ..c. "'. ..."., -,,-~ ',,-. VERIFICA TION I, BRUCE HETRICK, Vice President of L.B. SMITH FORD, INC" verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are subject to the penalties of 18 Pa,C,S, 94904 relating to unswom falsification to authorities. Dated: <t\ / ( .;"- oc) By: .f;vuu- f1J:uJ Bruce Hetrick, Vice President ~ -~ - ,,'--- ,"- ,_ ,,-, "^ ,,_) .,'~_ --, ,'" '''.' ~, ,_. __L,.;,'.,., _;".; '__'-., .'< Jj-.Illlr"i{ CERTIFICA TE OF SERVICE AND NOW, this I' """day of August 2000, the undersigned does hereby certify that he did this date serve a copy of the foregoing ANSWER TO COUNTERCLAIM upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: James D. Flower, Jr., Esquire SAIDIS, SHUFF, FLOWER & L1NDSA Y 26 West High Street Carlisle, PA 17013 ::HNSOLJ:'E. STEWART & WEIDNER David J. Lanza lIiiililr"""-- ~-,," "..,,~ " 'd "."" -- <-"'. .' ~^' ,",- .~ 0 0 0 c: 0 -r1 ?: ". -0 OJ - rnrr", CO?) Z:X,i - ZC;: .. , .-..l ~:z' 0 !:< c; ''C -1', -:::;7--1' ~O :J.t: ~.,.--<'; t'1 ,~~- ["11 -0 r:-? 0 :P-C ..,; Z ,::- >: =< (,,) ~ ~ . ' d'O~;lY3J Legal Caption Statement ofIntention to Proceed To the Court: La s", ./-t.. f'"... 0. Date: IO-7-1J~ intends to proceed with the above captioned matter !J/?.J. J. LII/V'2/1r, 7"trdv,,"; 1J"vr-,.! J''ll!v~r I tv~1 OM!!/<. Attorney for ,- L tJ ,5 po I,j-t. f>-v<-C. ' Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230,2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure, The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursnant to it. New Rule 230.2 is tailored to the needs of civil actions, It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promnlgated in response to the decision of the Supreme Court in Shop v, Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a resnlt of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rnle of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure, The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose ofRnle 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the court, After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties, If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute," Ifa party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a, Where the action has been terminated If the action is terminated when a party believes that it shonld not have been terminated, that party may proceed under Rnle230( d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, snbdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2), B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently oftermination under Rule 230.2. _~-";'.""~~Jil>~~!lliliIiti~ ~-"'\'N~(,J&",,<;i;,""J!Jl-~,~\J~iWlj,j~~ ~'~rHiYIi - ~ ~~ It "'-i'!!IJ;;"I&LUIRJl"'"~-""~-""~ ...-.."........",. () C -o[~ mn ZOo, zf~ (JJ_j.;" -<.'".-; r::tc; :<,. 2"" Z'" ;i> ~:: z :;! "-;">..'-- - . C) w a C) --I , OJ "'tJ :x r:? c:- (..J r) T! ^;i"(; --, ,~-~ .'".' , .~. ! .~~() .-'------ri '\:26 csrn .-/ 1> :0 -< lP