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Home My WebLink About01-0712 FX . ~ "- " ." ';-.w.'"_' ,---~ J""' ..LJiJ:i;l~, > . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE PRODUCTS CORP., Plaintiff : CIVIL ACTION - LAW NO. 01- 7/;z. C{Q~L~~ . . v. : . . JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES, Defendant . . . . . . NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fort~ in the fOllowing pages, you must take action within twenty (20) days after this Complaint and Notice are served, be 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 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 (717) 249-3166 ,.~,- . - t'~'-~ . ~ --"1!~i; ~ l'yJ! c ) . I / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE PRODUCTS CORP., Plaintiff CIVIL ACTION - LAW No. 01- 1/..2 ~ ~ v. JOHN BACKENSTOES II d/b/a J & 0 AUTO SERVICES, Defendant COMPLAINT AND NOW COMES plaintiff, MID-STATE PRODUCTS CORP. ("Mid- state"), by and through its attorney, J. Chad Moore, Esquire, and files this Complaint and specifically avers the following in support thereof: 1. Plaintiff, Mid-State Products Corp. is a corporotion organized and existing by virtue of the laws of the Commonwealth of Pennsylvania with a principle place of business located at 1720 Bobali Drive, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, John Backenstoes II d/b/a J & 0 Automotive services, is a Pennsylvania resident with a principle place of business located at 95 Enola Road, Enola, Cumberland County, Pennsylvania. 3. This court has jurisdiction over this matter pursuant to 42 Pa. C.S.A. section 5301(a) (2) and 42 Pa. C.S. Section 5517(b) . 4. On or about April, 2000 Defendant contacted Mid-State about leasing a tire changer and wheel balancer for his automotive business. 5. Pursuant to Defendant's request, Mid-State obtained ~.~~" '. , Ok;-);:::L __,~-. ~ : t o .. . .. ( , pricing information for Defendant regarding said tire changer and wheel balancer and submitted the information for approval of a third-party financed lease. 6. During the lease application and approval process, Defendant expressed an immediate need for the tire changer and wheel balancer and requested that the equipment be delivered prior to receipt of final approval for the lease. 7. Defendant repeatedly promised Mid-state that he would purchase the tire changer and wheel balancer outright if the lease was not approved. 8. Defendant previously maintained a good business relationship with Mid-State and was a customer in good standing at that time. 9. Based upon Mid-State's ongoing relationship with Defendant, Mid-state's desire to maintain a good relationship with Defendant and Defendant's promise to pay for the equipment if the lease was not approved, the equipment was delivered to Defendant on or about May 4, 2000, prior to completion of leasing arrangements. A true and correct copy of the invoice for the tire changer and wheel balancer is attached hereto and incorporated herein by reference as Exhibit A. 10. Defendant began using the equipment upon delivery and continued using the equipment for a period of at least several months thereafter. 11. Shortly after the equipment was delivered, Mid-State obtained approval for a lease on behalf of Defendant and forwarded paperwork to Defendant which needed to be completed by ,.~ "~ ~,~.-, ",,' '-'~'->- >''',,-',,--, ,,-,.-" " ~i?:&~,;;_;._j,~,C' ,_,_, ~^' '~ J: . 'ie, . , Defendant and sent to the leasin~ company in order for payment to be made to Mid-State. 12. Defendant claimed several times after being sent the aforementioned paperwork, upon inquiry by Mid-State, that he had sent the completed paperwork to the lease company all the while continuing to use the equipment, but no paperwork was ever received by the lease company. 13. When Mid-State demanded payment from Defendant, Defendant claimed that he no longer needed the now used equipment and that he now wanted to. return it. 14. Despite repeated demands by Mid-state, Defendant has refused to pay for the tire changer and wheel balancer. 15. On or about June 5, 2000 through September 5, 2000 Defendant contracted with and purchased, on credit, various automotive parts from Mid~State. 16. Mid-state sent invoices to Defendant showing the item number and description of the partes), the price of the partes) and the total amount due. True and correct copies of said invoices are attached hereto and incorporated herein collectively as Exhibit B. 17. Despite repeated demands by Mid-State, Defendant has failed and/or refused to pay the delinquent balance due. 18. On or about September 30, 2000, Mid-State generated a statement of Account for Defendant listing all credits and charges on Defendant's account from June 5, 2000 to september 5, 2000. A true and correct copy of said statement is attached hereto and incorporated herein by reference as Exhibit c. ~~ .",-"- ~' ~- - ", '0):'"j-' - ,."c".);:;,; ....'-., .. f A ~ . '" VERIFICATION I, IE Dr...M.iJ T- Pfl.VLr;;ld~ C~fr ,~~ of MID-STATE PRODUCTS CORP. am authorized to make this verification on its behalf, and verify that the averments set forth in the foregoing Complaint are true and correct to the best of my knowledge or 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: If I).. Iou ~~ .",,"liolIi.JIid " ...~ o .I NVOI,CE . ""'ITECERAI.. 1!i;iI MOtmlJi"..' BOSCH r--\ (OOI:llQ: B , ~ ":ili~';:'" - ,.1, l_J~jM ~~t& Ute Iletln~ ~ROC" ;~_E~~~~~ cmJPORP J & D AUTO SERVICES **COD-WKLY** ROUTE 11 & 15 SHIP TO: TO BILL CUSTOMER FOR L D EQUIPMENT FROM ACCIJ I TERNAT'L ENOL A PA 17025 ~! REF. SOlOBY 1026 136 EP CORE T D ORDERNQ. ""'"'" 0RIlEH DATE 9: 12 AM on: SOl.D BK. ORD.. MFC PART........ DESCmPTlON 1Z lZ"/ COpy! ACU@4402 TIRE CHANGER PAGE 1 ""'DATE INv.NO. 496206 E>OENOED --,_.._,~,,,,,;," ,;'r~~:;_}k:; 3425.00 3425.00 T ;t\;{tf~.f.J;f;7~~f'Jfl0!." <"!Hf~~~f:#jt1~~$~jWf~~~~:~~f~~~{~~I~:I~;~~';;:i,~~It};~:~;~~;;:;j;~{;€t~\;~F ',c',i,-:"-'-.' '. -') ~:" . ,,~ COpy! COpy! nRMS AUTOPRIDE. WHAT IS IT AND HOW CAN YOU GET IT? 2% 10th net 30th. 1.5% per month service charge on past due amounts. $25.00 NSF cbeck charge. All Collection & attorney costs are 1he customers responsibility. Special orders are non~returnable. All warranty claims win be prcessed acconling to eah rnamlfacturer"s wamnty policy. COpy' SUB-TOTAl CORE TAX LABORI MISC. FREIGHT TOTAl ~)(I-tI~'T A 6920.00 415.20 ~ .0::; HRG !l ,',^ ., "", , ,''''''''~',. ~"" ., ~. ')[ o INVOICE , . e l'Eo:::IERAl.. IfW:lItSm.&" ~a1\'& Tm ~fnW~ '. BOSCH 'lf~y ~:, '~\)~:;~' ~~yll:?}';;::S~~ SA-SF <IillPDHD r-\ Bill TO: J & D AUTO SERVICES **COD-WKLV** ROUTE 11 & 15 ~(liJ,""""", y"..j;dl}lJjl5~ SHIP TO: ENOLA PA 17025 102 ':38 SF I AM 1 *HOT SHOT** ACCT. NO REF. SOlDBY OflOER"" QTY. SOlO BK. OAQ. aIR: _NUMBER CORE o 1 1 ':32 PLYMOUTH ,.'...!;_ti.~j;'iii RBC 13275 VOYAGER MINI Sfgi.;";i;i_BT!.;~;i"""'" ..oXY SENSOR VAN '_'::'"__':":",>"',:'.''n 4-153 2.5L ....'i3:4,[c4$.;;;"":'!';e4 . ':3':3.63 44.':32 !1;7.ic.24 44.':32 ,""--;,,,- ':',~ ',,;-',:," '","","' "'c,x',"" '<'""""'S,":;";- <"_'f"Y'''''' ~. ,'","" ,'.,",".-'--' , ',u", ",",' ~ "",:c__"; <}{"O "'<",,,-,-";,", :~>-<,~:"": ""'/;:'0 ,', ,---,,-,::~~~.~--, SUB-TOTAl 62.16 TERMS MID-STATE PRODUCTS IS NOW CORE PA'S NEWEST K AND N DISTRIBUTOR TAX 2% 10th nel 30th. 1.5% per month service chalge on past due amounts. $25.00 NSF check charge. LABORI MlSC. All Collection & attorney Q)Sfs are the eustomers responsibility. Special orders are non-returnable. All warranty claims will be preessed according 10 eab IIJlIDIlfacture warranty poUcy. FREIGIfT TarAt 0<:::.1b HRG Ex.., log, \, is ,-0:-"'-. '_. .i : " o , INVOICE . 01""'_R,M" ~....1!':K~t.n~. BOSCt! BASF r--\ BILL TO: J & D AUTO SERVICES ROUTE 11 & 15 SHIP TO: ENOLA PA 17025 .* HOT SHOT *** HOT SHOT *** OROEA NO. .>C PARTNUM8ER SEll l' ii~~~_~'!t;~~, 11' Il't"'i:~Z '~"-i',,';jV^' : ~2'.c_:<:del.94 -\.<,-,- " ,<'h MID-STATE PRODUCTS IS NOW rnR~ PA'S NEWEST K AND N DISTRIBUTOR 2% 10th net 30th. 1.5% per monlh service cluuge on past due amounts. w.oo NSF cbi:clc: charge. All Collection & attorney costs are the customers n:sponsibility. Special mders are non.returnable. All warranty claims will be prcessed according to eah manufacturer's warranty policy_ SUB-TOTAL CORE TAX LABORt MISC. FREIGHT TOfAL . ~' < ~...-.o-;,-~.~ "~,, ,'it~ i-- 'fM~1ID[:9- ~~]J.!~::r:~5Y.JL~r.'?; 'I 'J-'lJ!1'~ ~ _..5, .J:i-lj}:E,' PAGE 1 21.94 HRG _......~ ,'--' .'L-. 'k ;. '~"~" o INVplCE . ,r;:y BOSCH '~" ROe=' """" """,. "'< ,'Ii. rAW G"-:il/'itt:~<;'i[~~i":; BMF ,,--'~ (011 orm'f! ""JJ i Uitv r--\ "rJiJ.~miYl,N! L~, J}~~ BILL TO: J & D AUTO SERVICES ROUTE 11 & 15 SHIP TO: ENOLA PA 17025 H HOT SHOT ** ACCT. NO REF. SOlD BY ~ ORDERNO. PAGE 1 0T'l SOlD BK DAD. MfC D i:I SUB-TOTAL Of. ... MID-STATE PRODUCTS IS NOW , CORE w.~~ TERMS PR'S NEWEST K AND N DISTRIBUTOR TAX 2% l~ net 30th. 1.5% permonth service(:~on past due amounts. $25.00 NSF check charge. lABOR! MISC_ All Collection & attorney c:osts are the customers responsibility. Special onlers are non--retumable. All wananty claims wiD be prcessed accon:Iing to- eah manufactnrer's warranty policy. FREIGHT TOTAL ...... ... HRG ~ '" c , ~.t . < ''''e' o INVqlCE , . (!} ""'~Rf'L ;(\.<'t~.JL.. BOSCH ~~~",'!1'U"'IiE=' ''''If","1l;",m~~&'t-:-w s.:!JE~~':2f:jL(r;~72; 1\ i;;i'i)~lliIj1k" , "". i, J}lJj,_~) BIll- TO: SHIP TO: J 8, D AUTO SEHVICES HOUTE 11 8, 15 ENOLA PA 17025 ** HOT SHOT *** HOT SHOT *** ACCT:r<<l REF. SOlDBY ORIlERNO. MEMO WE'..... 1 1026 '04 M OH IL L Ol'YstllD BK.ORO. MFC PART NUMBER DESCAFTlON o 1 '( PIT 803660 '.~'l'7~;;j5lf~~~"'. CS G.WND/WAS ".'.O'il".t""'.plJl"'Sr,~-,W'" ".:":"'_,-0"" ""',' . ,.,"-, "~ ",' ,,' ., ," c,'",..,'" 6",27 1e.11 5.27 0'.55 5.27 5.55 SUB-TOTAL 11. 82 TERMS MID-STATE PRODUCTS IS NOW CORE PA'S NEWEST K AND N DISTRIBUTOR TAX 2% 10th net 30th. 1.5% per month service: chaJge on past due amounts. $25_00 NSF check cbatge. LABOFV MISC. All CoUeclion & attorney cosls are the customers responsibility. Special 0Rfa's are non-retumable. FREIGHT AU warrattty claims will be prcessed acconling to eab manufacturer's warranty policy. TOTAL 1l.8~ l HRG ""., " , ,',,- ,"'-,-k .< ~ ' ." o ,~N\f{nCE , o '.lO~'1III1Il \\\J~ ',,'~~ PJt\V....~ @MID-STATE PRODUCTS CORP-HBG 1720 BOBALI DR. HARRISBURG, PA 17104 r--\ BILL TO: SHIP TO: J & D AUTO SERVICES ROUTE 11 & 15 ENOLA PA 17025 .**10:00 TRUCK***10:00 PICK UP CORES ACCl: NO REF. SOLD BY ALL ':;).00 5.00 6.00 45. 95 33.25 9.14 13.81 3.&7 6.87 2.10 ,,~ .' "'"~ " :"f. ; L___', 1 1026 05 JL 0:25 AM OROER NO. wetGt-lT alY SOLD ilK. ORD. MFC DESCRIPTION CORE I I 1 I 1 I I I"' j \;le,;, " , 1 00 ..".~~'l'~B&0.. EXI 70DT-50 ",jfif'"~"'"""'p'c ""...!'l>c' " ce. " '., ;",,' ,~:-",.,,:-. ';:,'"',','""c~,,,,,.""~;~ "C,,:',":':' ~, RAY RPD377M . .".')illl~}i;~~4;:.'t~> 2 SWS S39 """';(Ij"if"~""'1"~' .'i."',';-' . ----', " ~, ,"~,' , - ""::-,..~,._~.' -. ';<J, ~,:^,,":"::' ".,.,__:;:':',"(':'::0';';-' . ,'-~"/--.' ALL 'B~TTeRY' ':',.'","......". , UB-50 !i\ff~~W$HQS; DSCBRK'ST ','iN,i_"''''':''''T':'''' '.:~~'-':',:T"'iIi".'~ " "'""C":".,.,'.",/."."".;,,.,,' ;.., 2PK WD40 150Z '','c'" ,~.t~l: ':':Ft~TEfl" , '78.95 &8.95 .., 20. 48 30.95 '~:"',o:,.;\ 4.1<;) D 45.95 33..25 9.14 13.81 7.74 25.20 I SUB.TOTAL 135.09 TERMS MID-STATE PRODUCTS IS NOW CORE 1&.00 PA'S NEWEST K AND N DISTRIBUTOR TAX 2% 10th net 30th. 1.5% per month serviee charge on past due amounts. $25.00NSF check charge. LABOR! MISC. All Collection & aUOmey costs are the custQmem; responsibi\ity. Special on1ers are non-returnable. All wammty claims will be prccssed aeoording to eah manufacturer's wammty policy. FREIGHT TOTAL 151. 09 ( HRG ,'IF""~" . ,'" " ,_. ~, . ; 'it:!<!, _~ \1.0~ .di ~~!O,~ p~ @ MID---5TATE PRODUCTS CORP-HBG 17e.rlJ BOHALl Dfl. HARflISBURG, PA 17104 o . il"!:""'i.,;,' (":",4'o1f.k3lYI ;--\. BILL TO: -"'. , E ~, '':''''j 3 e;. D ~,UTO SERVICES ROUTE 11 Ii, 15 SHIP TO: ENOLA PA 1702:5 !-*;(.HOT SHOT ***HOT SHOT *<".* ORDER NO. PAGE j OROER DATE INV. DATE M'C c, ,.J1W ~~~Z jJ/,JO;i:;l\lT 25:;;&8 ::> L~a 20 13.20 ~- .- SUB-TOTAL ~ . .>, MID'-STATE PRODUCTS IS NOW CORE TERMS P(.:l'1S I\IEWEST ~: AND N DISTRIBUTOR TAX 2% 10th net 30th. 1.5% per month service charge on past due amounts. $25.00 NSF check charge. LABOR! MISe, All Collection & attorney costs are the customers responsibility. Special orders are non-retwnable. FREIGHT All warranty claims will be prcessed according to eah manufacturer's warranty policy. .-- 'HRG TOTAL 1..........1--. o -w PIlI ~NID-STATE PRODUCTS CORP-HBG 1720 EOEAL! DR. HARRISBURG, PA 17104 1\ BilL TO: J & D AUTO SERVICES ROUTE 11 & 15 SHIP TO: ENOL-A PA 17025 HE, HOT SHOT *** HOT SHOT **,*' ACCT.NO MEMO ORDER NO. tJ I WEIGHT , H'; ; I:::: PAFrTNUMBE.R DESCRIPTION ..J I .;:;'"J 'J,.f ~ / CORE .'" c."..2 . . .flP~?JS:t tiltlN 37043 o@Cj=J J:~l:"':'2; ;;,Q$j<,~.r -. . , S14DCK'ABSR ALT1ltfjNRTO~, 1 .' . ~" . -- .. PAC,E i -10.17 ItJ?l.00 - , 18~. 71 5'3nS2i TERMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR 2% 10th net 30th. 1.5% per month service charge on past due amounts. $-25.00'NSF check charge. All Collection & attorney cos!s are the customers responsibility. Special orders are non-retUrnable. A\\ wammty claims. will be prcessed ~COIding t()- eah manufacturer's warranty pelky, 4..32 2'3. ':37 ~S..37 SUB.TOTAL CORE TAX LABOR! MISC. FREIGHT TOTAL INV,NO. C. EXTENDED , D 8.54 2'3.97 85.:37 1c..:)... _ .~ -. r'i - . .HRG - - '" " '. ~, ',~'.' 1 ' '-""\i;'r- . l\.\)~~' PJtlO~~ NID--STATE PRODUCTS CORP-f-IBG 1720 BOBALI DH. HARRISBURG, PA 17104 c . 1\ BILt- TO: SHIP TO: J & D AUTO SERVICES ROUTE 11 8< Ie:; ENOLA PA 17025 '**HOT SHOT***HOT SHOT*** ....CCT.J40 REf. SOlI)'E\'1 QROERNO. MEMO 1 71'~ OTY. SOLD eK. QRD. MFC ." PART NUMBER o 93 ISUIU ;;lTI SGt'i" RODEO 8));1' 8E:NSOR Y~}M-3t65 3.., '~,L .SOHC 36.98. 18.12 18,,12 TffiMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR 2% ] Oth net 30th. 1.5% per month service clwge on past due amounts. $25.00 NSF check charge. All Collection & attorney costs are the customers responsibility. Special orders are non~returnable. All w3mmly claims will be prcessed acconling to eah manufacturer's warranty policy. SUB-TOTAL CORE TAX LABOR! MISC. FREIGHT TOTAL 18. 12 18.12 .HRG 0' - ~~ ' ""'< o'J' ," ., 'O~ \\.\\~ftW PJt\V"'~ MID-STenE PRODUCTS CORP-HEG 1720 BDBALl DR. HARRISBURG, PA 17104 o . 1\ BILL TO: SHIP TO: J & D AUTO SERVICES fWUTE 11 t. 15 \ ENOLA PA 17025 **HOT 1 ACCT.NO ~ i7r:J'- QTY. sou> QROERNQ, OROER DATE INV. DATE INVNO, D .ft" C ,DDR 576-207 BQJ~I , ~lLi. (~8 4..75 9..5121 TERMS MID-STATE PRODUCTS IS NOW PA' E; NEWEST K AND N DISTRIBUTOR 2% lOth net 30th. 1.5%. per moothservice ch.arge on pastdu.e amounts. $25.00 NSF check charge. All Collection & attorney costs are the customers responsibility. Special omers are non~returnable. All warranty claims will be prcessed according to eah manufacturer's watranty policy. SUB-TOTAL CORE TAX LABOR! MISC. FREIGHT TOTAL 9" 5111 . . 50 ,HRG ~~~ ~. '. 'J<IGC .. o . @ MID--STATE PRODUCTS CORP'-HBG J."7<::0 BOBAL I DR. HARRISBURG" PA 1710.4. r--\ ", "(~ BILL TO: SHIP TO: J "' D AUTO SERVICES ROUTE 1.1 8,. 1:) Et\IOLA PIS} 1. 7025 CROER NO. "E,/10/01Z1 A. i"1. WBGHT *'*,* -71 o DESCRIPTION BLUD,VL BqJE m::Y.:rL 5;:'=.i~ i:.~5 59~95 ~59" 9t.i I SUB-TOTAL 59..95 TERMS 1'1 I D-STATE PRODUCTS IS NOi>l CORE PA'i Ei NEWEST ...~ AND N DISTRIBUTOR TAX 2% ! Oth net 30th. 1.5% per month service charge on past: due amounts. $25,00 NSF check charge. LABOR! MISC_ All Collection & attorney costs are the customers responsibility. Special orders are non-returnable. All wan-anty claims will be prcessed ac-CQrding to eah manufacturer's warranty policy. FREIGHT TOTAL ~)'3 It '35 HRG ,'-"I.j " ., "~ , '~" JlliiI>ci '" 'o~ ' ~ (i! l'lID-STATE o iNVOICE . ~'~oeFUj},J." .:" "',F,:CGUL, ~';'Iifij ~ tf{f - . ;~ n;!'},,/hffl!l,'ll~~ BOSCH PRODUCTS CORP--HBG 1720 BDBALl DR. HARRISBURG, PA 17104 r-\ I !OOlPlitl f J~lli~ul+)';' ~<:~PJx-ft" SHIP TO: J & D AUTO SERVICES FlOUTE 11 & 15 ENOU'l PA 17025 ***HOT SHOT***HOT SHOT*** AM PAGE 1 ORDER NO. IN'J.QATE IN'J.NO. .::, r COOE V6--232 3. BL EXTENDED 505775 T 0 .,",..l,>./,...~ili;".J;l~~3:.~C'O 't't)[:iyr <',j "", o''''''P~>'" n~6f-iyl.".. SUB-TOTAL ,J.. c. ( MID-STATE PRODUCTS IS NOW CORE TERMS PA'S NEWEST K AND N DISTRIBUTOR TAX 2% 10th net 30th. 1.5% per month service charge on past due amounts. $25.00 NSF check charge. LABOR! MISC. All Collection & attorney costs are the custumers responsibility. Special orders are non-returnable~ FREIGHT -,.., I-HRG ~ CCH::,)A~ wamnty claims will be prcessed according to cab manufacturer's warranty policy. ~ TOTAL % '!:l "'- - - ,', ''t,'; < rt~' 0 ~ · MID-STATE PRODUOTS CDRP-HeG 1720 BOBAL I DR. HARRISBURG, PA 17104 INVOICE . e"""~"'-~ fif'~I.JL " ~Ilw-"fm))~'" BOSCli r--\ I Cfjj{f'l'd: J & D AUTO SERVICES ROUTE 11 & 15 SHIP TO: ENOUI PA 17025 *** HOT SHOT *** HOT SHOT *** PAGE 1 . A'iX:'t_NO REfi.. .L f- c...., ORDER NO, MEMO OADER DATE r INIlOATE .=, lNV.NQ. ..J QTY.SOLD MFC ~RTNUMBER EXTENDED T D .,.,..7~'X,'h~1'h,,;t~~~~;~~;';~' ','-~"'" ", y'/.;wBl;li<,f:,T,- 'l:j1:\Sf{"f.''f . ~~,. .~~~ "';:"~">'C ~~~i. -.' SUB-TOTAL ,.~ . .< MID-STATE PRODUCTS IS NOW CORE TERMS PA'S NEWEST K AND N DISTRIBUTOR TAX 2% 10th net 30th. 1.5% per month service charge on past due amounts. $25.00'NSF check charge. LABOW MISC. All Collection & attorney costs are the customers responsibility_ Special oRlers are non-returnable. FREIGHT 1.05.01 ~HRG ! COP~ warranty claims will be prcessed according to cah manufacturer's warranty policy. TOTAL , ,-' ,,' -.J, 1Jliii.!c~ " <' , \\,,1.0~ Plt\V ~ MID'-STATE o iNV0~CE . e BOSCH PRODUCTS CORP-HBG 1720 BOBAL I DR. HARRISBURG, PA 17104 ~ , [ljj}f'Yd: rl;i;)J~"~~", 'i'_ ~;' ,;J},PJ:.:) J & D AUTO SERVICES ROUTE 11 8, 15 SHIP TO: ENOLA PA 17025 *** HOT SHOT *** HOT SHOT *** :' Pr=iGE 1 PARTNUMBER WEIGHT ORDER NO. 1'3 DESCRIPTION D ~';r+;4r'ir"/ "rrr~1~:,%~~?";8,~P','i:; ", ".,' ',:lSN,'C.llUL" rcopv' 7~,,1f1-/4€<~,,~; ,'~/i',.';15,' "CC"Jl"iy' SUB-TOTAL wU..;::!-...I MID-STATE PRODUCTS IS NOW CORE TERMS PA'S NEWEST K AND N DISTRIBUTOR TAX 2% 10th net 30th. 1.5% permOJ1th service c-harge on past due amounts. $25,01) NSF check charge. LABOR! MISC, All Collection & auomey costs Me the customers responsibility. Special orders are non~returnable. ! COPY..~ warranty c-1aims will be prcessed according to eah manufacturer's- warranty policy. FREIGHT 7". Q'" "HRG TOTAL , ,,",..-, '" --~, "'~,~ , -18\!& ~~ ~ MID-STATE PRODUCTS CORP-HBG 1721[.1 BOBALI DR. HARRISBURG, PA 17104 o iNV101CE . e l~ot;.FtAjm MOGut.<< BOSCtt r---\ ! itm'f'd: f'.;,:\ :"'..l.-)....'JU}I}:ld.,~ ''1'..,_5, JpJl'jS, J & D AUTO SERVICES ROUTE 11 & :l5 SHIP TO: ENOLA PA 17025 *** HOT SHOT *** HOT SHOT *** PAGE 1 o li;~9tiC'" .,..~ae!:i:\;:~~!il~::'.... ':,::fiI+.T~Rllli;\ifOB.:....' , 4:;i,'il!&.;, A'"?9~,q;lj:;, ,;;ii\ti\!..41,!",.,!'/;!'i'!.:lr 1" ,.J", 1:.t6Bij'i: . I' SUB.TOTAl -='"" MID--STATE PRODUCTS IS NO..) CORE TERMS PA'S NEWEST K AND N DISTRIBUTOR TAX 2% 10th nel30th. 1.S% per month service charge' on past due- amounts. $25.00 NSF check charge'. LABOR! MISC. ~ p{11 Collection & attomey costs are the customers responsibility. Special orders ~ norHeturnable. FREIGHT 1<::;:). 'U _HRG , CO n wananty claims win be prcessed according to eab manuftlCturer's WBrranty polley. T01)\l 1 - , .. '" , " ~". '-- I "",~ ~ ~~ ~MID-STATE PRODUCTS CORP-HBG 1720 BOBALt DR. HARRISBURG, PA 17104 o . " r--\ ,,,, BILL TO: SHIP TO: J & D AUTO SERVICES ROUTE 11 " 15 ENOLA PA 17025 ***10:00 TRUCK***10:00 TRUCK ACCT.NO REF. SOLD BY Ol'lDER NO. AM 1. 11026 16 JL QTY SOlD Sf<. ORD. MFC COOE o I 1 \1' I 1 l>le< CRC 05061AP , - -',~\I;\_l~l!#~\~~ -', SAV 22-20B - >wt~~'~<:--- EA. 12 OZ. FU ,~j~.jF~'t'. . SURE FIT ',~:Fi:l!;;T~R" 4.33 4.09 2.93 3.87 4.59 2.05 2.93 3.87 4.59 24.60 \- : I SUB-TOTAL 35.99 TERMS MID-STATE PRODUCTS IS NOW CORE PA'S NEWEST K AND N DISTRIBUTOR TAX 2% 10th net 30th. 15% permonth service {:baJge on past due am01mts. $25.00 NSF check charge. LABOR! MISC. All Collection & attomey costs are the cusl\1l1lers responsibility. Special orders are non-returnable. FRBGHT All warranty claims will he prcessed according to eah manufacturer's warranty policy. TOTAL 35.99 f HRG MI'r'~ - " "'" ,', .~ ,,, ~' , ~~"'"" ",,,-(OiS 1IIt"lV ~ MID-STATE o , INVOICE . el"E~"'M. J-~Ut." BOSCH 'If#.ooROl:.Y 8?>~: ~7,~~~~ijJ};,:~','; PRODUCTS CORP-HBG 1720 BOBALI DR. HARRISBURG, PA 17104 /!.....q1i~~i1-'''- "fill J! In, 1'") ~~~k,L,:d11J/ r--\ Cf/itt'Yd: .' '. ;J2Jt~~J,l;P;, 'i_'i.,,,,,j.ll~ J & D AUTO SERVICES ROUTE 11 8, 15 SHIP TO: ENOL A PA 17025 *.~ HOT SHOT *** HOT SHOT *** PAGE 1. ORDER NO. WEIGHT : o DE:5CFllPTrON , tb;fi '..' '."....)~j,.,~fft;~'1~~*'#F.,. ".Iit"\" 1., Cl'iRJ:)ONE "7.;.0Ii'!y....:7~.:;~~.; >:.-.<2'::1. 3';i ,::is,'3!> ,.,' COpy"- TERMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR SUB-TOTAL CORE TAX LABOW MIse. FREIGHT TOTAL ,HRG 2% IOtb net 30th. 1.5% per month service charge on past due amounts. $25.00 NSF check charge. All Collectian & attorney costs are tile customers responsibility. Special orders are non-returnable. COP t-I~ warranty claims. will be ptcessed acwnting to' eah manufacturer's. wamnty poticy. "k ,"". k< 'O~I 0 ~.MID-STATE PRDDUCTS CDRP-HB6 1720 BOBAU DR. HARRISBURG, PA 17104 !"NOICE r--\ ! fSOOYd: SHIP TO: J & D AUTO SERVICES ROUTE 1. 1 & 15 ENOLA PA 17025 ***HOT SHOT***HOT SHOT*** QTY SOLD eM, Re', 11025 219 ORDERNO. AM "Fe ,.., ;.' . l!!l""'''''''''"'''' ~'loaut..~ '" <,~~ "'iIi" , l!!'.M""'...I'\I~1.!r ~ll\~~~l~~~ G~:i~}1~;'f~~f,' . ---:""'~ tl~ II q 0, N 1", ,U'i ;-, , !.f ~" ,,,_,,:_~~.,=,,......"c.".. i )~\m~~u:~ L_'i; ":Thfk;s, Pf-lGE 1 BOSCH INv.OATE INIlNO. 507115 EXTENOED T 0 4 .:.4 2. c:L 'n~~~~~'j~h;;;;f*~~\i~il~~~~1i;;f'?M;J' -;~"f;l;:~;;.~.. ..-;+.;~~.;;;i.:.~~~ii:4";'i;ii';j~1i{)~l~~(i;i,1C~~;'4~li'" '0 MID-STATE PRODUCTS IS NOW TERMS PA'S NEWEST K AND N DISTRIBUTOR 2% 10th net 30th. 1.5% per month service charge en past due amounts" $2S.00 NSF check charge. All Colledion & attorney costs are the custenters responsibility. Special orders are non-returnable. All warranty claims will be prcessed' according to, eah manufacturer's warranty policy. !I:OPY' SUB-TOTAL CORE TAX LABORl MISC. FREIGHT TOTAL HRG ~"'"~ o iNvcaCE ~ @MID-STATE PRODUCTS CORP-HBG 1720 BOBALI DR. HARRISBURG, PA 17104 r-\ BII..LTO: J & D AUTO SERVICES ROUTE 11 8, 15 X' "'I . '~ ." ~~ BASF " ',_i SHIP TO: PATRIOT NEWS ADVERTISING FOR APRIL AND MAY 2000 ENOLA PA 17025 ACCf.NO REF. i1025 '21 ORDER NO. AM COOE O@ADVERTISING ADVERTISING TERMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR .2<1/0 10th nel 30th. 1.5% per month service charge on past due amounts. $25.00 NSf check charge. All Collection & attorney costs are the customers -responsibility. Special orders are non~retumable. All warranty claims will be prcessed according to eah manufacturer's warranty policy. 40.00 SUB-TOTAL CORE TAX LABORi MISC. FREIGHT TOTAL 80.00 80.00 "" ~ "'"- '". ,~ ,~. -,:;' . , ~ \\\)-(0&4 Pit'" ~ MID'-STATE PRODUCTS CORP-HBG 1720 BOBAL! DR. HARRISBURG, PA 17104 o , :'NVO~CE . BASF r--\ " BILL TO: SHIP TO: J & D AUTO SERVICES ROUTE 11 8, 15 ENOLA PA 17025 ACCT. NO REF. Ol'lOER NO. MEMO ORDER DATE INIl. DATE INV;NO. ~ OTY.S~ MFC PART NUMBER CORE SEll EXTE\IlOe:D T 0 '30 CHEVROLET. S10,T.10 .P/U.Bl..AZER VEd::QZ 4.3L 1 AP 44766 PIPE 36.34 13.86 13.86 TERMS 1>1ID-STATE PRODUCTS IS NOW 2% lOth n'13~t~. ,J}l~I;lfJ?,;);,<~1m dll! .nldJ;.?II'fJ,~IhQRh"", All Collection & attorney costs are !he customerS responsibility. Special orders are non~returnable. All warranty claims will be prcessed according to eah manufacturer's warranty policy. SU8-TOTAl CORE TAX LABOR! MISC. FREIGHT TOTAL ~-- ~ ~ , ,~ " ,I, '~ ..<', , .....i'. \\\\1.~4 0 ~NVOiCE . PJt\~'~ ~::'~. MID-STATE PRODUCTS CORP-HBG 1720 BA$>= BOBAL! DR. .,.,~!!-' HARHISBURG, PA 17104 r-\ BILL TO: SHIP TO: J Il: D AUTO SERVICES ROUTE 11 & 15 ENOLA PA 17025 Acel: NO REF. SOLD BY OROERNQ. ""'"0 INV,NO, ~ OTY.SOLO BK.ORD. MR; PART NUMBER EXTENDED T 0 90 CHEVROLE+ S10.T10 P./U.BLAZER- . 5 RAY '3932N NUT 3.c9 1.47 7.35 SUB-TOTAL .., "'''' TERMS MID-STATE PRODUCTS IS NOW CORE 2% 10th net 3~lJii ~le ..t\."RJ.IlI,1a1ll..w;&rrnJ.~A.lTtk!RhMge TAX LABORI MISC. All Collection & attorney costs <tre the customers responsibility. Special oniers are non-returnable. FREIGHT All warranty claims will be prce:>sea according to eah manufacturer's warranty policy. TOTAL .., "'''' 'un,", "',' "' "'. ~v _. l\\\~Ok P1t\o~p- @ MID-STATE PRODUCTS CORP-HBG 1720 BOBALI DR. HARRISBURG, PA 17104 c ~NVO~CE . ""'".",=. gffi,.'t~if'- r-\ BILL TO: /',' ;,-!, ~', SHIP TO: J Ii, D AUTO SERVICES ROUTE 11 8, i5 ENOL A PA 17025 ACCT. NO REF. SOlD BY ORDER NO. MEMO WElGfff INV,NO, Q-rv: SOlD SK,ORr). MFC PART NUMBER DESCRIPTION l':XTENOEO T , 1 87 CHEVROLET- OCA 6312MB CAVALIER STARTER 4-:H:U 2.0L 30,00 1 US. 77 5;:~. 10 52.10 I SUB-TOTAL ~- . .~ TERMS MID-STATE PRODUCTS IS NOW CORE .,.~ ...", 2% 10th ""Bf.\l~ ~1eJ&.RIllJ;lIJll.m@.I:1i\OOm.JTtl;lR"""e TAX LABOR! MISC. AU Collectil)n & attorney costs- are the customers responsibility. Special orders are non-returnable. FREIGHT All wananty claims win be prcessed according to eah manufacturer's warranty policy. TOTAL .....- .r..... ".~" . ~"'n;J~ !t<~~~ , ~ "' ...< "'\.-1 ~,'"~ - -~,1,O~ ~ "~l\O~'" p~ ~MID-STATE PRODUCTS CORP-HBG 172121 BOBAL! DR. HARRISBURG, PA 1711214 o ~NV(l~CE . r--'\ ".j BILL TO: .J 8, D AUTO SERVICES ROUTE 11 & 15 SHIP TO: ENOLA PA 1712125 **HOT SHOT***HOT SHOT*** PAGE 1 L :~ REF. SOLD BY ORDER NO. MEMO WEIGHT M'" PART NUMBER DESCRIPTION 1 DCA 32138- STARTEJr 50.;0121' . .205~42 92.44 92.44 TERMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR SUB-TOTAL CORE TAX LABOR! MISC. FREIGHT TOTAL ;2% 10th net 30th. 1.5% per month servn:e charge on past due amounts. $25.00NSF check charge. All Collectiol1 & attorney costs are the CllStomers responsibility. Speciaf orders are non-returnable. All warranty claims will be prcessed according to eah manufacturer's warranty policy. Co. HRG . ~' c'. ~, ,. ]l~=(" ~ p~ ~ MID-STATE o iNVOICE o '0 FEO!!1"'AL MOGUL, BOSCH PRODUCTS CORP-HBG 1720 BDBALl DR. HARRISBURG, PA 17104 "~O ,-!-n-flcN'''''~ , 1 ~ ~' ~ lI" <, { "lr '! ',,~l~ rUlll-' .~-,~",,,"----' r--\ , ~)~to: {'liL;llJj~ I ''f'''].:l":5:Al; ,~. J & D AUTO SERVICES ROUTE 11 &- 15 SHIP TO: ENOLA PA 17025 *** HOT SHOT *** HOT SHOT *** PAGE ORDER NO. r OW SOW BK. ORO. ~ o ;}hl\;i,~~~a~,; ,.., .',.. .c."".,'.~:~~~I~~,} ".gJPi;::,;,.-- " . ' ',' "'tl'RA!<ESHI3t' '. -i~~lJ#li~pi':;'" "',:"~:t,",:;5,;",.'~"":",,,,,,, 1-Z,01it.- .- 4i?i.g;,. ..-:'" .'" -l,l2,-4Q. "'''''4;:>;",'03 i.~41- ':'i"8Z3F.? ' '~~r-~i;;'-,-" 1-.;3.",4.1;, -- leG'M l!ZiJ.36 ig:i20' .!(:QPY' "'"~ ~ MID-STATE PRODUCTS IS NOW ITRMS PA'S NEWEST K AND N DISTRIBUTOR SUB-TOTAL CORE TAX LABOR! MISC. FREIGHT TOTAL .~ 2% 10th net 30th. 15% per month SeEVU:e cbpge on past due amounts. $25.00 NSF check charge. All Collection & attorney costs are- the customers responsibility_ Special otders are non-returnable. ! COP'A~ warranty claims will be prcessed according to eah manufacturer's warranty policy. 1 EA. 33 ,HRE "" o INVOICE "ft.,~.s, "'~"'~' "'~~ iJJ1."'" ~ MID-STATE PRODUCTS CORP-HBG 1720 BOBAU DR" HARRISBURG, PA 17104 r--\ ~'fQ: SHIP TO: J 8, D AUTO SERVICES ROUTE 11 Ii, :l5 ENOL A PA 17025 CORE i:;;i+~~: 85 CHEVROLET ,..~L8ZE:R_EULLSUE ,.,.. ,';}:,;,#;~~;9ij:i~~#~:;: ,.,.',:..j.Btm..4:;~m.:E.".,.,'. .'.,'.!Y,:.... <';:"";:;" .'. :,'l5V';;.ti2:JE:~,,'.4.s:'. .:;2"5i;;'49 COpy' TERMS t'lID--STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR 2% 10th net 30th. 1.5% per month service chaJge on past due amounts. $25.-OONSF check charge. All Col1ection & attorney costs are the customers responsibmty. Special orders are non-retumable. COP 'f'~ wananty claims will be ~ awmllng It>..m manu""""'" wammly po''''', ", "n . e''''''''''''-RAo.. ~AOC.,.u1",.< BOSCH ~~b . If!,,'''''''IY''J!:'''''' ",ff\'''#~(~ft.~,'W ~S;"~:f~~;f'~'Y-ii'>' ~J"W~ "~'}J-L.,;,) IN$ DATE ItoIV,NO. ~.~t::" T D .:::. EXTENDED ";,.,--,,,; ,,-,,'''''' SUB-TOTAL CORE TAX LABOR! M'SC. FREIGHT TOTAL 25..49 - HRG 1"'- ~ "",,", o ~NV,O~CE o Ii) \\$'tS\~ 1i-rt1 ~ fYIID.-STATE PHODUCTS CORP-HBG 1720 BOBALI DR. HARRISBURG, PA 17104 BASF r--\ BILL TO: ,J & D AUTO i3EfW ICES ROUTE 11 11 15 SHIP TO: ENOLA PFl 1 7025 *** HOT SHOT ..,** HOT SHOT *** " ~ ~ L'~" PAGE 1. PART NUMElER 1.. .. Ml.IR 251136 jfll.00 ,280.78 140.39 . CMj:;'RSSOR R INV, NO. EXTENDEO T 0 140.39 SUB-TOTAL 140.39 NIP-STATE PRODUCTS IS NOW CORE 10.0121 TERMS PA'S NEWEST K AND N DISTRIBUTOR TAX 2% IOtb net 30th. 1.5% per month service charge on past due amounts. $25.00 NSF check charge. LABOR! MISC. AU Collection & attOIl1CY costs are the customers responsibility. Special orders are- non-returnable. FREIGHT All wamnty claims wit! be prcessed according to tab manufacturer's warranty policy. TOTAL !''''L'. .5::1 HRG ,,~ ,'J , i .,. ~MW-:"" . PRODUCTS CORP--I.mG 1720 BOBAL I DR. HARRISBURG, PA 17104 ~,,--- ~~M~ r-\ BILL TO: J" 8, D 1=IUTO SERV ICES ROUTE U & 15 SHIP TO: ENOLA PA i 71il25 H'11i.\:00 TRUCK*.Hi0:00 TRUCK PICK UP CORES ,~OC!.~ ~ OI'IDER NO, ~ ,.;.;..;.! Q-r::~~lO M"( L_ 1 RAY 47J)RR 1 RAY 696RP 4 SAV .,E:2 --- .1 6.A 1: SAV . 2c~~.'20C a WEB 89 HIP r$~ WIX 130 .1<; WIX lSl1 '"" ~D~R DAT~_ , GORE BRAKE SHOE BRAKE SHOE suRE F n SURE PIT .. HLGl).l~Al'iIP . OIL F1'L TER ... '.Q1L.FILTER u'12.00 6.00 41.15- 50.48 18" 36 c~2.. 52~ 15.46 3.79 4.09' 3.B'7 4." 59 5-..15 1. 89 2.05 ~lID-STATE PRODUCTS IS NOW ITRMS PA'S NEWEST K AND N DISTRIBUTOR SUlHOTAL CORE TAX LABORl MfSC. FREIGHT TOTAL 2% 10th net 30th. 1.5% per mrnttb setVice chatge on past due amounts. $25JIO NSF cbeck charge. All Collection & attorney costs;tre the customers responsibility. Special orders are non-returnable. All warranty claims wHl be prceSsed according to cab manufacturet"s warranty policy. "'~ PAGE ]. ""'NO D \.... .. 18.36 .e-,r'.1:::".,::- C:.c.~ ",,.lC, 15.48 4.5'3 10.30 2~~" 58 24.60 .. ...~.. oJ HRG llU' ,~r. " '"' '" - ne '< """'<" ..~ 0 \\.\lft ,'.,. ,~ p~ ~ MID-SHHE INVOICE . '0 ""'nE"'''L W.ot;;tli~ BOSCH PRODUCTS CORP-HBG 1720 BOBAL I DR. HARRISBURG, PA 17104 ,-",,--~~ ..........., if{~, ~t'N'ir \11"1.1'1 I' '~.,!J_, ,1,!~,Y r--\ I l1Rt'i'd: ,,' ,~':'" "I;I:J.'OI\'!""il'.\ I ,I. .:,j.\ji'; J & D AUTO SERVICES ROUTE 11 & 15 SHIP TO: ENOLA PA 17025 ***HOT SHOT***HOT SHOT*** PAGE 1 . ....C T" ._ B{'F BY ORDER NO, M WEIGHT o Q~SOll) BK.DRO, I~ .J f'M'lTNU\lM!o1ffi OESCRIFfIOM '" 701 i'1ID-STATE PRODUCTS IS NOW SUB-TOTAL TERMS PA'S NEWEST K AND N DISTRIBUTOR CORE TAX 2% 10th net 30th. LS% per month service charge on past due amounts. $ZS.Of}NSf check charge. lABORf MISC. All Collection &- attorney costs are the customers responsibility. Special onIers are non-returnable. ! COP'\:l\6 warranty claims will be prcessed according to eah manufaclUrct"s warranty policy_ FREIGHT ~'5. 70 r,HHG TOTAL > '" I ~. , -" .. "1'",-" ~ o iNV,OICE . G) "EtlE""'l.. ~.fi~t.~L< BOSCH ~-3" MID-SH-lTE PRODUCTS CORP-HBG 1720 BOBAU DR. HARRISBURG, PA 17104 mil n fl iifi', 'lJ.' !JUi~ Y '"<'.~;"";'m~__;'~"~' r--\ I (Jl!W~: , '\'"' '> f; t :J~{~~,,~' ~___,., .....' 3 SHIP TO: J & D AUTO SERVICES ROUTE 11 & 15 ENOLA PA 17025 ***HOT SHOT**'*HOT SHOT*** ! Wf}fila(! REF. SOLD BY OfIOERNO. MEMO 11025 235 JL WILLCALL WSGHT PAGE 1 tNV.NO, aTY SOLD aK. OAD. MFC PARTNUMBEA DESCRIPTION * EXTENDED T 0 ." , " ,_' 89CHE~BDU::T _ ,_cBvq~.rE:.1< ". '" ',., :'~-"'i'%:';4;1,!:,,,\:i{~:~1'l"!~i,I;!,;j;":t's,,!'%'i\1;Y;'-!*,"'~*~~:;"U'~"fA: c'l c'C " 'sTli'x3' ' ,..,. . rEM!:' SENSR V6'-173 2.8L " ., ":'2~__,,,. 51 ;-sa - ;;..~;;i-.;zlit'!. -, 30. e$i3J"9" TERMS SUB-TOTAL CORE TAX LABOR! MISC. FREIGHT TOTAL 40.14 t~ID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR 2% 10th net 30th. 1.5% per month service charge 00 past due anumnt$. $25.00 NSF check cbat-ge. All Collection & attorney costs- are the CDStOmeI'S responsibility. Special' orders are non-returnable. : COpy..~ warranty claims will be prcesscd according to- eab manufacturer's wammty policy. HRG ---...."'.. - ,~'" '. o lNVOICE . . O~" l1lt4 MID-STATE PRODUCTS CORp.-HBG 172121 BOB ALl: DR. HARRISBURG, PA 1711214 r-\ !I~~: SHIP TO: J & D AUTO SERVICES ROUTE 11 & 15 ENOLA PA 1712125 *** HOT SHOT *** , WATER.PY\'iI!=" .-:''-" MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR 2% ! Oth net 30th. 1.5% per month seMce charge on past due- amounts. $2S ,0(}' NSF check charge. All Collection & attorney costs are the customers responsibility. Special orders am non-returnable. An warranty claims will be prcessed acconfing to' eah manufacturer's warranty policy. 'COpy' TERMS ~ '~ F~eeH,4t:,'b MOG~lik-. BOSCH OROER DATE --~~, ~'l; "'!I'''''"''''-i~1lV ",.,~m~~"i;'", S~:.ar~f,;?~YfL~r~~(3: !"(;p:'I}:m;<~1i.,~, "~' _."!;'.":;ti'lJ/:O'::; INY. DATE lNVNO. '-'7 C" 7'- EXTENDED T 0 18,,02 SUB-TOTAL CORE TAX LABOR! MISC. FREIGHT TOTAL 18.1212 4.121121 c:.e.. ~ HR<: "... -J , " ~" ; ~' , ,', , ""I ., """"'"< -13\f p~ ~ MID-STATE c . INV0ICE o e~FWo ~"!'OGt..nl'~ BOSCH ~.M.'W!:~li!f ~~:f'llf"~,,,,, :~i~:j~~~'~;:~\~,l:r,~~; PRODUCTS CORP-HBG 1720 BOBALl DR. HARRISBURG, PA 17104 ,....,."T"h n i'~T \ 'lcd;: "'l~ir~ . .. '~!J nJI~ y --,."',.~"..,~.,:-.--- r-\ ! CiJil\:Yd: J & D AUTO SERVICES ROUTE 11 & 15 SHIP TO: ENOLA PA 17025 *** HOT SHOT *** HOT SHOT **"*. PAGE 1 ORDER NO. D C' !COpy!',., .,. , NOW SUB-TOTAL I. . '"''' MID-STATE PRODUCTS IS CORE TERMS PA'S NEWEST K AND N DISTRIBUTOR TAX 2% 10th net 30th. L5"A.-permonth service charge on past due amounrs. $25,00 NSF check charge. LABOR! MISC. All Collection & attorney costs are- the customers responsibility. Special elders are non.retumabfe. FREIGHT 20.94 .HRG ~ COpv.~ warranty claims win be prcessed acoording to cab, manufacturer's warranty policy. TOTAl - "'. - " " .' ,.. " _-,-",,,,,I,,, \\.\)1..0~4 p~,Ol\~ .0 ~NVfHGE o @ ~~' oJ__,' ',,"," "', " ' ' 'ifj-,~;,.J','i;m~W'<m-~"'W1 l!':~-~''''H' gO,:;J~", iY1ID~-f3'rATE PRODUCTS COHP--HBG i 'lc~0 BOBf4L r DR" H~1f(RISBURi::';1 PA 171iZl4 BASF r-\ i/f~YI Lu~~' ~'f.~ I L~".,; nT;lm't"OI BILL TO: SHIP TO: ,J g D 1;~lrCC1 _~;3E:r{1) IeEE HULlTE 1.1. &, 15 ENOLA Pf:~ 17iZ!2::5 ~'J1:.*HOT SHO'f**'*HOT SHDT*** .::):~, DODGE ~ifil CORE :!. ACCT. NO REF. SOLD BY OROER NO. 1 t;~)i~::~t:. ~-: ..~l::\ JL QTY:SOLI.' BK.ORD. MFC o 1 TIi,,)' +04151 BALL-JO:(Ni SUB-TOTAL .I.l-0~ n; TERMS rdIDM'ST;:jTE PRODUCTS IG Nm~ CORE PPt~ E) i'-JEltJEST K AND N DISTRIBUTOR TAX 2% 10th net 30th. 1.5% per month service charge on past due amo\lllts. $25.00 NSF check charge. LABOR! MISC. All Collection & attorney costs are the customers responsibility. Special orders are non-returnable. FREIGHT All warranty claims will be pl'C~sed according to' eah manufacturer's warranty poticy. TOTAL t{.0" "'1f3 "HRG e-, o lNVO~CE . ~ ft~ :tO~ .~ ~~ . ........ @ ,'fID-bTiclTE PflUDUCT,3 ClNP-i ii:ll^J!;:,iI",'.,.,j !i;;l!'l.r;;!"".. , iLi.b i l;1it:i BOE~HLI DR,. 1.,,!r:iRF; I E..lBURb'j pr:; J 11 ~)4. BASF ~~"'"ff''' , r-\ ;.'L_~~h:J~{~ BILL TO: SHIP TO: ,~' ,1, D f.:~U'rU ~3EF~lJ I Lj:::~:~ HDUTE: 1. 1 8: 1 ~,:::; ,::':)\101-:-::1 >-,(~ 5. '{i(:;;:: .:: '~HH+ HOT SHOT .pf..,.,,* HDT SHOT *** ACCT.NO CORE ORDER NO. REF. SOLD BY MEMO ORDER DATE :\. iZl;:;:~C; ',"'.',''', _, '.:.i Dftl BOB i--!Fl QTY. SOlD BK. Ol'ID. MFC PART NUMBER 'J't PUNT 1 ?=iC: !3R~Jr\ID j:H'fj DSC" 'E(Rt{ BT 1 ~AV PG:p506-i'fl IN\f.OATE ~"l~.)CiE INV.NO. :i. ,: c;::U/jZ!ILi.;<. 5:t ~~I:;ir9 EXTENDED T 0 SUB-TOTAL ~k'......' ~ 76 TERMS ifl I D--[;'ff~:~-r E~ ~:'j'~DDUC-j'f::, is i\iOl.-.J CORE i:::ii-=i1 ,;:). l'~E~-JEE3T t..~ ~H'-JD N DI STf~ 1 BU'r-OF< TAX 2% 10th net 30th. 1.5% per m0jlth seMce charge on past due amounts. $25.00 NSF check cbaTge. LABORI MISC. All Collection & attorney costs J1re the customers responsibility. Special orders are non-returnable. FREIGHT All warranty claims will be prcessed according 10 eah manufacturer's warranty policy. TOTAL - It<;, CHeb c..,::,," """'~....~ "-, P"I ~~~~ ".'""' ",1.,:<3,'-- " o o ~ \\.\\"\%\4 pJtl ~ !5>iI'\s,r'" " gV ,pM iYj I D'."'~3-~-('ITE Pf~QnUC:TS CDHP-H:Bt3 ""!<~""" i ?~:~<L'l BOgqL.X Dt:,,, gA.~W' ~';!-:::'lhF{T r-'H t {,','''':;~},' 1\ , .,1. BILL TO: SHIP TO: ! :,' i) ...-: ''', , \.~ ~;:)t~:nt) :LCES i~~U\JrE, I J, ':< J. ..., r:::NO;.._r~ ;"j,"; r'1", J. ~.,*.,j;!.:{ 0\ ~ <"il"?j ACCT. NO DESCRIPTION REF, W'=IGHT QTY. SOlD 1 :Ub,[;, !:.\hj'"~ b'I 1 RA'Y ,p.GD5al~N DBC BRK ST. n;:3C SURE -'"--jj' Rl~:{ \/ i~ liD ~3;:::: ~:l:iYi SAV 2g,"';;'2'~: ""' 'f"i'g, - SUB-TOTAL ';~'7 TERMS ",i', D."b'Tf'~TC P'HlJDUCTFi 'r,'" !\i~,:',){t! CORE ". .~ ., -", PA'S NEWEST K AND N DIS1'RIBU1'OR TAX 2% IOthnet3fJth. 1.5% per month secvice charge on past due amounts. $25.00 NSF cbeclc charge. lABOR! MISC. All Collection & attorney cost<> are the customers responsibility. Special orders are non-returnable. FREIGHT All warranty claims will be prcessed according to eah manufacturer's. warranty policy. TOTAL " ., ; ~1'. '" - - . c" > 01 _;,l , o~ M4 @ MID--SHHE PRODUCTS CORP-HBG 1720 BOBAU DR. HARRISBURG, PA 17104 o INVOiCE . e """"'!S'IAL MOGt.H". BOSCH "~'nt'lj;r'" (flU! I! 11ft) '''::'L:,~,J:~,t~".-!''~' r--\ ! loo.p~ ,"'):'J;,,,;;,",.,, ,''t,~j, J:;l:i'''"!.1; SHIP TO: J & D AUTO SERVICES ROUTE 11 S, 15 ENOLA PA 17025 *** HOT SHOT *** ! OO.tfid{! REF. ORDER NO. 11025 24P ,:;i;'(;i,j}#:8f~"-:<t 'COpy' 94 GEO .;;'!"J\tIit,'t!j{~l;I!lit~i1!ll!t!.!> *** 09 : 05 1'11'1 Pr:)GE 1 QT'l.SOLD WBGHf IfIN.NO, 51:l297 MFe DESCRIPTION CORE EXTENDED T D fvlETRO ." ,;j'f'~EI:!:I+!'-$1. 'COpy' - SUB-TOTAL 1/:'.11 TERMS MlD--STATE PRODUCTS IS NOW CORE PA'S NEWEST K AND N DISTRIBUTOR TAX 2% lOth. net 30th. t .$I'A per mcnth service chatge 00. past due amounts. $1:5,00 NSF check. charge, LABOR! MISC. All Collection & attomey costs are the cllstomers responsibility. Special orders, are non-returnable. FREIGHT AU wananty claims will be prcessed accolXling tQ'eah mannf~:S warranty policy_ ,HRG 'COPY' I TOTAL H:>' ." -~ . ~~ ~~~'" .~o~ ~ o ,!\."r,'''''~ a~ y 'l...1H,....1t: o . &- ~~~-qJ"~}"" " fvU:)GhtL, BOSClf MID-STATE PRODUCTS CORP-HBG 1720 BOBALI DR. HARRISBURG, PA 17104 BASF r--\ . ');;'~if"l1> 1, ""IJt~J BILL TO: J & D AUTO SERVICES ROUTE 11 & 15 SHIP TO: ENOLA PA 17025 *** HOT SHOT *** HOT SHOT *** PAGE ACCT.NO ... REF, ,:, ORDER NO. INV.NO. ,:, an'. SOLD MFe EXTENOED , 0 ~. TERMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR SUB-TOTAL CORE TAX LABOR! MISC_ FREIGHT TOTAL 2% 10th net 30th. 1.5% per morrth service charge on pasldue amounts. $25.00NSF check charge. All CoIlection & attorney costs- are the customers responsibility. Special orders are non-returnable. All warranty claims will be prcessed according to eah manufacturer's warranty policy. HRG " ' "' '"' ft" ~o~ ~ o , iNVOice MID--STATE PRODUCTS CORP-HBG 1720 BOBALl DR. HARRISBURG, PA 1710l, ~ I~'~~: SHIP TO: J & D AUTO SERVICES ROUTE 11 8, 15 ASAP! ENOLA PA 17025 REF. SOLD BY CORE ORDER NO. ., '-, QTY. SOLD BK. OflD, MFC PART NUMBER gjk:'~;~:{;(>i4j)~~~.i~j,; j:E<; .,G"l,0,?~,30Y8N;;;", .;;c'eH~f3:tEf;~)iZijE;i;u,';"jr -';),;;'0 ,',>-" " ~ ~C" . li!ll"E""S",';"L ,MO!~UL, BOSCH :J;.;;g;~jf'{'e 'f;~;1i\~~;; .', COpy! ~RMS MID-STATE PRODUCTS IS NOW PA'~ NEWEST >< AND N DTsTRTp.IITnR 2% lOth net- 300.:. 1.5% per mOOfti seMCeCIiafge on past due amounlS: $2S))flNS'F' cbeat dllnge. All Collection & attorney casts are the customers responsibility. Special orders are non.retl:Irnable. All wammty claims will be prcessed accmding to eM manufacture(s warranty policy. COpy' '~I~-~'t ~..._ili"tc'""'-1lV ",,~,""~~':G c'':''~':) f.~;::?:0;':r=K{:~~:S: ':)'lllI".U' 'F .....dJiT:~l;;-' lNY-NO. EXTENDEO T 0 ?~Z'0-g; J SUB-TOTAL CORE TAX LABOR! MISC. FRElGHT TOTAL """ 35.09 HRG -""",,", . 'J'~. A,,';' '0 ' '.' . ;;:;k lPIrn'," ",'.","~" "a, ",W ~\O...~ '~ @ MID-STATE PRODUCTS CORP-HBG 1720 BOBAL! DR. HARRISBURG, PA 17104 o , iNVOICE o e FEOE"AL nl!.r~Ul.'J BOSCH _'U'''''~=' ~".~~w 'Z:<~,:,~':i; '-.:,:?]1ir"5 BASF /"\ 81LL TO: J & D AUTO SERVICES ROUTE 11 8< 15 : L:Di'.."'" j" .," J;1~g SHIP TO: ENOLA PA 17025 **10:00 TRUCK***10:00 TRUCK ACe!. NO REF: ..., PAGE 1 ORDe-ROO. MEMO ORDER-OATE I INY. DATE lNV, NO. aT'l SOLO MFC PART NUMaER DESCRIPTION CORE EXTENOEO T 0 ",'4'1:" W~Ii"! c,!~~~!V;i~~~~;5\l\ '~~f~RY i'fi~'fi0/!;"('.fr!(l!.~fI;ilf4~.ffi;t811;;;r~'~-t~!~ c.'!;"" .,;jfii{itl~~!i~~;.>'Cii"'X"" '~~?,~.~~t"'~~$ii!t,;!!.~%r~t~!!i!!*,i!ft,",'~;~;i?~4.'.~i!~~I1jiiW':;ii'i~ '7.~t,c;ltf~~ij!C~j'M.!~!'i;i1i'~€~~~1I.t'g;)~~"~!f18'~~0"i!el'Jf1~~~'Ci.Gf!J..I.iW""C;'\~~~~!iii!;;ii';f! ;J!!i:;~~!i'~~i~1l!i!!;'i\Ji;ti~'!1i~~~~~~,~j""Ji~"!i'!:'!i;'j, "". :"p,:;~t~~?q';;P~::~~.'~~:'!~~ii':""" ,,' ",~'~:J;;f!f'i'!i 0;ii;i~~~;i;~t';;1;i;;!"';'3ih;:;ilr!~f'lJ:,!:,;Ai'lP,t.c56 TERMS SUB-TOTAL CORE, TAX LABOR! MISC. FREIGHT TOTAL 2% 10th net 30th. 15% permoIl:th service-charge Oil past duellDlounts. $25.00 NSF check charge. All Collection & attorney costs are the CllStotnerS responsibility. Special orders are' non.returnable. All warranty claims win be prcessed accoming to eaJi manufactur-er's warranty pGiicy. .i2..... " 0" ~, , , ~ , \\\l1.0l4 Pit'" ~ o MID-STATE PRODUCTS CORP-HBG 1720 BOBALI DR. HARRISBURG, PA 17104 /\ BILL TO: J & D AUTO SERVICES ROUTE 11 & 15 SHIP TO: ENOLA PA 17025 ** HOT SHOT *** HOT SHOT *** ACCT... NO REF. SOLD BY OfIDER NO. MEMO WEIGHT OTY. SOLO BKOF\D. MRO PART NUMBER DESCRrPrlON ----:t--- '" 1 DAY 71~3B9 ' , RDTRHOSE CORE TERMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR 2% 10th net 30th. 1.5% per month service charge on past due amounts. $25.00 NSF check charge. All CollectiOll & attorney costs are the customers responsibility_ Special orders are notHdurnable. All warnmty claims will be prcessed according to eab manufacturer's warranty policy. ",-' ~ . ~,,-l!l,,\' o ~ ~~~t~~. BA$F ~ ~ )~!~~M~ ,__" -.w?!1:'?i-- PAGE 1 INIJ.NO. o ..." 9.c:7~ ,9..<27 SUB-TOTAL CORE TAX LABORt MISC. FREIGHTr TOTAL ~. HRG . ..~-~ , ~ i ( " ~=, _l!.\4' .,lO~,' , -':~...~ PJt'V"'~ MID-STATE PRODUCTS CORP-HBG 1720 BOBALr DR. HARRISBURG, PA 17104 c A,."A v.I~' ~ ~ "'~rF 'i..,;"A.~lir 1\ III TO: ,'t,;'j , I J & D AUTO SERVICES ROUTE 11 & 15 SHIP TO: PATRIOT NEWS ADVERTISING FOR JUNE 2000' ENOLA PA 17025 ,'"' OAOEfINQ INY.NO .O'C EXru<oa> T 0 1Z ATO@ADVERTIS.ING , ADVERTISING 40.00H 40.00 TERMS MID-STATE PRODUCTS IS NOW PA'SNEWEST K AND N nISTRIBUTnR 2% 10th net 30th. 1.5% per month servIce charge on past due amounts. $25.00-. NSF check charge. All Collection & attorney costs are the customers responsibi~ity. Special orders are non--returnable. All warranty claims will be prcessed according to eah manufacturer's warranty policy. SUB-TOTAl CORE TAX LABOAI MISC. FREIGHT TOlAL -' ~'T' o o #EOER~ ;'~/~OGUL I -s.4 Pit' ~ MID-STATE ."ocri\.i Q, ::\"',~.~'~ PRODUCTS CORP-HBG 1720 BOBALl DR. HARRISBURG, PA 17104 BASI' r--\ BILL TO: J & D AUTO SERVICES ROUTE 11 & 15 SHIP TO: ENOLA PA 17025 .**10:00 TRUCK***10:00 TRUCK ACC1:,tlO REF, SOLD BY ORDER NO OT'(. SOLD BK. ORD. MFC 1 1 OMG25030 . OMG@3~035 RA'i?iZllRP RAY 55.5RR >RAY R~Df54M SAIj'22"'17~ S, AV22,..19A . ," , , ,',?'iZl!'iA~ii , .,..'.';l";,<.i,;;,a,.,i~..,"""'4.,l,J7',4"ii",',''..,.."'..' i'; . 3llf;'f9 ..:> < qiZl;~'i~-iiii9.~!> 3;8'1 3~1}7 3T'6NLONGPQ _3 TON JACKST . . BRAI<E;SHop: , BRAKE SHOE . ~,Ca.RK SJ- , SUREFrr '~!JR!i' FIT .'" \:< PAGE 1 INV, NO. EXTENDED , 0 ',". -0' il~'il. aE. .139",8i~ , "';"/';~~~i &i- il/Iil",,' 6.00' 1 2 4 TERMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR SUB-TOTAL CORE TAX LABOR! MISC. FREIGHT TOTAL 2% 10th net 30th. 15% per month service charge on past due amounts.. '$25.00'NSF check charge. All Collection & attOrney costs are the customers responsibility. Special orders are non-returnable. All warranty claims will be prcessed according to eah, manufacturer's warranty policy. > ~,"cl;. ,', 13:47' "":j//i9:i9~,,'i'i" 15,,4,8 '" HRG \\.\\-(014 p'Jt.\o .~ MID-STATE r--\ BILL TO: J & D AUTO SERVICES ROUTE 11 & 15 ENOLA PA 17025 **HOT SHOT***HOT SHOT*** ACCT.NO REF SOLO BY ORDER NO. DTY. SOLO 8K. ORC. M:FC PARr NUMBER 1 RAY RRD591M- o ,!NVO!~E PRODUCTS CORP-HBG 1720 BOBALI DR. HARRISBURG, PA 17104 SHIP TO: ME DSC-BRK ST TERMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR 2% 10th net 30th. l.5% per month servicechalgeon past due amounts. $25.00 NSF check charge. All Collection & attorney costs are the custamers- responsibility. Special orders are non-returnab!e- All warranty claims will be prcessed according to,eah manufacturer's warranty policy. . o ~ ""'<><1'0"'- MO.tEkho,.. BOSCH ~ASF ,;;.;::it;ft,. IllYl:' ),:;:;.1-7., SUB-TOTAL CORE TAX LABOR! MISC. FREIGHT TOTAL -MOH"";uot'" 'Wli)' ..,.". ~ ,"'"" ,., , ~ . .", @:[?~~5'-Y;Chi{'::~; ""'-;-~' ',!'""","''' Y ~:, i.......'lt"m-.'0 PAGE 1 IN'lNQ. EXTENDED , 0 15.;17. HRG o 1 INV01CE @ MID-STATE PRODUCTS CORP-HBG 1720 BOBALI DR. HARRISBURG, PA 17104 r--\ BILL TO: J . D <, AUTO SERVICES ROUTE 1. 1 & 1. 5 SHIP TO: ENOLA PA 17025 ***1.0~00 TRUCK***10:00 TRUCK ACC:...NO REF. SOLD BY ORDER NO. ~ QTYSOtD !JI(.OFlp. "'"S I 4 SAI) 22-16i'l- '0 SAV 22-1BA co CORE SURE FIT SURE FIT TERMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR 2% 10th net 30th. 1.5% per-month service charge on past due amotmlS. $-25.00 NSF check charge. AU Collection & attorney costs are the- customers responsibility. Special orders are ROn-returnable. All warranty claims will be prcessed according to eah manufacturer's warranty policy. o .;','" " L. PABE 1. 3.87 3.87 SUB-TOTAL CORE TAX LABOIV MISC. FREIGHT TOTAL o 15.48 7.74 ,:, .':' HRG ~~~, , o @ MID-STATE PRODUCTS CORP-HB6 1720 BOBALI DR. HARRISBURG, PA 17104 r--\ BILL TO: SHIP TO: J & D AUTO SERVICES ROUTE 11 & 15 ENOLA PA 17025 ;**10:00 TRUCK***10:00 ACCT. NO REF. ORDER NO. L102& MFe COOE "~f!l':';,: 10 BAR 140-D STOP LEAK i:~_;t"~!!l;'i.. '$Fil'l..L,T{;I\t4il.i PIT 802105 -CS 12Z ISO/6L ..';l;lQ.~~~~~;f~"~ggf,t:$;'Jt.. 4 SAV 22-18A SURE FIT <,::~~;jf~~::~;k::;i6:'2:: . .""~~."E~:. ,.i.,;,.',... ...,.,'".,',,, ,.,,1,,.;.",I:,.,,,.,::!.,,,..."",.,,',.....""',.'...:..:..,.,;.,:."...,:...,..:,>".... ..;::E",\;""""";;1:W~;;,.t::~...::: ~.,?Ji 1l;~~ - "> '''''''~::'''C;'~~~--;~,,<'f';\~~~!-~, WIX 130 OIL FILTER - -, , 12 C',c:'~ nRMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR 2% 10th net 30th. 1.5% per month service c'h;yge on past due amounts. $25.00 NSF check charge. All Col1ection & attorney costs are the customers responsibility~ Special orders are non--returnable. All warranty claims will be prcessed accooiing to eah manufacturer's warranty poiit:}'. "" " o "~...""~ fa",:::>.. QADEflDATE 25.50 14.40 14.40 $;".~7> 3.87 "0"'0'0,'> .. ~'W"c;',i:"'; 0.40 1.58 1. 89 ,>.:~<~;:", ,: 'l;':'~ 1.87 3.49 3.79 SUIHOTAL CORE TAX LABOR! MISC. FREIGHT TOTAL ~UJ!h';& ~,~(i' PAGE IN-V. DATE EXTENDED 25.50 14.40 .i$"ax .3,.Jb0 4.00 18.$~ 22.68 92.41 92.41 1 INY-NO. 51 82& T D R6 ." ~ ,..,," "~.i ~ ..,. ~NVOtCf:: o @ MID-STATE FR [""~S CORP-HBG 1728 901IlL.l_ DR. HARRISBURG, PA 17104 1\ BILL TO: J AND D AUTO SERVICES ROUTE 11 & 15 1 ~ ; , SHIP TO: ENOl-A PA 17825 PAGE 1 MEMO E o an leee8t0 ,J~AY " 0cU17/00 '.~~ "-., u:. ... MID-STATE PRqI1l~TS IS NOW SllB- TOTAL TERMS PA'S NEWiSTK AND N DISTRIBUTOR CORE TAX 2% 10th net 30th. 1.5% per month service charge on past due amountS. $Z5.{)O NSF check: charge. LABOIlt MISC. AU Collection & attorney costs are the customers responsibility_ Special oro"ers are non~returnable_ All warranty claims wilt be ptcessed according to eah manufacturer's warranty policy. FREIGHT tq_ At 'UAI:l TOTAL J " o ~NV(J~CE . @MID-STATE PRODUCTS CORP-HB6 1720 BOBALI DR. HARRISBURG, PA 17104, r-\ BILL TO: SHIP TO: J AND D AUTO SERVICES ROUTE 11 & IS ENOLA PA 170~5 ~** HOT SHOT *** HOT SHOT *** ACCT. NO COR' REF. SOLO S'T' OROERNQ. AM TERMS MID-STATE PRODUCTS IS NOW PA'S NEWEST K AND N DISTRIBUTOR 2% 10th net 30th. 1.5% per month stTVlcecl':large on, past: due amounts., $25.00NSF check charge. All Collection & attorney costs are the customers responsibility. Special orders are non-returnable. All warranty claims will be pn:essed, according to eal1 manufacturer's warranty policy. ,'i.. o ORDER DATE , "" ~ 1>.' ~"~ '''''~: ". ,-~. PAGE 1 INV, DATE IN\l.NO. SUB-TOTAL CORE TAX lABOR! MISC. FREIGHT TOTAL , '9.82 . ,,~ , '"" "' -~, '~', ,", " , . ".'~'" ,," ",.)," ~", ';, ",i,,,,, . ; iNVOlCE . G~~~~J1\i.., , MGGUJ_,, no<::;,r~,lj g '~~>>~"" ~ 1\1ID-'STATE PRODUCTS CORP-HBG 1. i,:;:'il BOBALI DR. HiC,RRISBURG", [."1'1" 17104. W-""'-~F ~~""11' 1\ BILL TO: SHIP TO: J' ,::;ND D AUTO SER'JICES f<OUTE 11. &: 1~5 ENOLA PI:; 17'))F.::"; 1 1. 9.1.1. :'i:l!'kW4i~ ;,), ');' 2.';'!d,/ PAGE 1 ACCT. NO REF. ,10E~6 '::'~;it ,JL QTY SOlD" MtrC '-~"3:3..s Pi11 -DESCAlPfloN CORE tNv.NO. 52255i.:.:~ EXTENDED T 0 ORDER NO. WBGHT RA"Y' BSE--16B la01t)0;}f!'f~RY . BRR~~E HOSE CH 02/11/0fI;i- 3L~.. 51 TERMS MID -SH.HE PRODUCTS IS NOW PA'S NEWEST K ,AND N DISTRIBUTOR 2% 10th net 30th. 1.5% per'month semcecbargeon past due amounts.. S25.06-NSF check charge-. All Collection & attorney aJSt$ are- the- cust0tntn responsibility. Special orders ate non-returnable.. All w~ claims win be prcessed according to eaIt manufacture(s warmlty policy. SUEHQTAL CORE TAX LAilORI MISC. FREIGHT TOTAL 1. '3. i,1 19. <.1 1. J-tRE=J "/;'!:" ,;:~ .', t;''',;_";~,~':: 'StATEMENT' "'.r.' 1'1J:I)....ST~ITE PI:,Ol)UCTb COW"""HbG :I."?,.:~O ncmm"J' r," HmmlHBur-,G, ,,:if",' 17:1. D.'" .,-';, T i~': o ,S AI'1ll D AUTO HEl~VICES ~B'~'COD;HH(' l:mtJTr:: :1.:1. 8< :I.~; 'IHH'COD'IH,",' 'ENOLA Pf., :I. '7(i)(:'.~"i ~::j(a'~:=;~:.i1:l2 ~m~5G06 ~jfd~.;7-,f~? 505/76 ~.~e)6f~7~:; , ";068"[,'3, , '. .U::RI'IS m:: 2% :I. rrH lilf~/lil$/00 ". ~;e)4H\~~ ' 06/05/0l1.l ,5041.89 i(ilE:/eit1/00 " ~)(b/.:I. 98 06/:1}1/00. "ito513,i?6 (i)6/i~Vt;j(in 5$"7(1.':\4 ,06/ :t5/ell1.l0"?C,6'7 ]~~(;F~/00;5lil~278 ~cer67';i0/00i~ 5:&"1013'7 '(I)8/23./(ll0 ~)243f:,3 '09/08/00 "i28'7"':; 07/04/(00 06/05/0(0 ' i-(?)E,/0.\Ii/00 " 06/06/(i)(i) /06/0:7/0(i), J'OHI-l .fti~t(iW/00 ' '0E,/09/l1.lto '06/09/(i)0 JOI"II'I 06/t09/e)(I) . (!"J6/t;j9/0(i) 06/10/0(1) iroHH 06/10/(1)0 06/B/0(i) J'OHI'I '06/:1.4/0(1) JTJHI'I ~.:j" ({J~)'''' I',IET 3',)" ;:l(i)" (1)0,-, ~5!5.. /.t5"" ~5(a.. v.)fi.).~. :I.~:S" (?)({).... :1.:1.3" (,7-" .l{.5" Ji,)v.).... 91:\....10.". <.'6.. (i)(,J"" :1.9..4:1."" :' " ' Account ,Transaction Codes ID - ,Invoice Debit'",- DA - Dating 'jt '-')nvoi~e):~i'edi(.,,:- 'be - biscount Code Po. ~,'Posted' Debll(j,'.' Fe,~ Finance Charge ,;-PC :,:,P.ost~'o:~_r.~~~'.-- OP:., O~er P,ayment CE ~',cas~;~nJfy~;::',,:' ,IAc~ ,ln~olce,:Adjustment ,:~#I3':~:;~~e~lous Balance "'-": >,;;,i~;',c"; ".',"" Previous Balance Codes o - Minus Balance 1 - 30 Days 2.60 Days 3-90 Days 4 - Over 90 Days ~~@R!\I'!ll't"'~~1ifllliJ;.~~_~ ' ' ,",'" , '':' ,,,,,1'ifYffi, '>, .', VI' "",\J;if ",",,_,,*, ''"''''/' ",.~' ",c'~. .,.,.,"1,', " " " .' I I II 30 DAYS , CURRENT 60 DAYS IC IC IC IC IC IC IC IC IC IC I='D m ID Tn :m Tn II) ID II) ID III ,J:l) II) m -;7 ~33~7j" F..~(~) 6~::.~.. :1.6 E.~:1." (~)4 :1.5..:1.1.1 :I.:I...I:lE'. :1.0'.':1... (a'", E~.3.. {;.~:5 :1.6.3.. (:)e :1.8.. :l.E~ 9.. ~.:}D ~.:.:.; f:~" ':) ~;5 ~5" ;.:.~7 :I. (i";o'i..0:1. .3(:.'" ':.:)~:S I I 90 DAYS & OVER AS'L" W:)/;:':(i)/C;)(i) PAGE 1 OF . ACCOUNT NO:.' e' " '2i![~!~,~~~f/>::' 30.-).. ({){~...~,.. ),/ !:5~5" ,;'+~5'- ./ ~5(!.I.. 013'" ,.. :I.~5" (1)0"''- l:l.3..(;,"?-' :.,. "'~.).. ({)0... ~ ge..(I)(i).., /" "";~....; l'~f.il.~ ':/ t... ~'.1.. ~~) ... J.9..Li:l.'" -' ~5..(I)(i"J'" /' 73.3~.:)..,.?'Q) 6;~!.. :1.6 E~:I... f:~.I.1 :1.~5.. :1.,(, l1.. B,i? :i.~.:.i:t." 0';;) :-:~~:~.. 2~;5 163.. 91:\ :1.1:\.. :I.i? 9.. ~..:.im ~:s 'J." ':3 ~5 ~:5u (:.~7. :I. fi.J ~,",,, (i") :1. . 3t.=.." f:9~':; AS OF: (11':3/ 3(1)/~)(i) :3 J f.lHO D AUTO !:;EI:,VICEl:; ~H3u (~)(.t.l.... ~5~:i ~ 4~:.:;"" ~;(i),,(i)0-" :1.:'5. (1)0.... U.;:;,,67-' 4~5" (,'l(i).... ';~B" (I)(i).""" <>.6..00.... :1.9,,4:1.'''' :"i..(i)(i).... 496206 7335,,20 ~5eJLd{)'3(~ (';Jr.?.. :i. t.:, 504:1.:l.B 2:1...9'" 504407 15..14 5048:1.2 :1.:1...1:\2 505154 151..09 ~:.i0~::j.lt:l.{.j '?::~n 2t:.) 505"'29 :1.63..91:\ 505582 18..12 505606 9..50 505712 59..95 ~:5v.)!':j'?76 ~5.. f.?7 506275 105..01 ~:jR)6f.H ':] 3f;" ';)~5 PLEASE RETURN THIS STUB WITH YOUR REMITTANCE U \- - rJJ - :t ><:. UJ ~_J T o J AND D AUTO ;:>I:'I~~JJC.E;; 'HHH.X.lD')HH" RffiJTE 11 & 15 ...COD... AS OF: (~)9/::~(3./(~){?I PAGE E' OF 3 AS OF: WJ/3li)/@il .r ~~HD D nUTO SERVICES '(m~gl)jr . .-; ,~;;;~::~~ .', >;, , ,'t~1~';1'. ",'':,:''0>; i. ':'~ ' ,<",.,', , ~. """ ,- .',"~"". .'\, "::',:".:~ ." , :i(/:~~:;.:'O''',~:, ~llf$~ '.": , " J"""""" " ";:;;Rf;;~'1 j..,..h" 1;"""-""" ' PA :I.'7li)P~'j , '0G(is/0(i);. 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PAGE 3 01" ~:5 J AND I) AUTO SERVICES ENOL!..) p(.~ :l 7fiH:.~~'5 51';<,if,/?2 0'ii'i7/00 :m :L ~.:;" :1.7 ~:S:1./.H:;J7i:? :1"- :1.'7 ...:)" ~";10'3:!.8 07/r>'(!)/00 TD 3a.. ::n t:Sl ~5i:';):1. E~ ,;)l:~" :39 ~;;1'7826 07;12"7/0k) ID 9E~" l.}:l. :'5:1.71:\26 ':);:.?" 4:1. 5ffi70~3 0?/::ll/0eJ IX) :1.':".. 1,:1. ~:,; :1.1:\"71:;)3 :1. ':~l.. "'t:!. 519729 08/03/00 ,:;:r.WSTClCl m f:.\ g(,?, ':"-) " a;-:.~ t::j:l.'~)'?29 ':)" (jt.~ ..'.. t'5t?25~,2 08/j.A/00 1D :i. 1:3" 41 :I.';':).. ..:+:1. ~:j ;::Z(::56c.~ :1.9.. 4:!. $2'?(;95 09/0~;;/0eJ m 3r;':}.. (~~t:5 ;:5(:;J" :~:~ ~::.i t7.;2769~:S :39.. r.:.~~5 99',;1'370 0"7/3U0kl FC 3(.~)" :I. '7 3(':-)" :1.'7 1::199970 ;;H'l.. :1.7 9999"71 09/3kV0k) Fe :I.~.:S4" 1:l7 '11::" g'(' 99(9971 :L ~~.i,(t" g"(' . , ,..~ s..} " . Account'Transactlon Codes ID ~ Invoice Debit DA. Dating Ie ~ Invoice' Credit DC. Discount Code PO . Posted Debit ,FC'. Finance Charge .PC ~ Posted Credit Op. Over Payment CE. Cash' Entry lA' ~ Invoice Adjustment PB . Previous Balance Previous Balance Codes o . Minus Balance 1 . 30 Days 2 . 60 Days 3 . 90 Days 4 . Over 90 Days PLEASE RETURN THIS STUB WITH YOUR REMITTANCE CURRENT l")"'t.. 1':::' 30 DAYS {,?,i0" ~:.~~:~ U/C 11<.1 TO'rnl... 60 DAYS 90 DAYS & OVER 4!.;:.i,?'" !5.3.... T (:~c2(:\ ,tf" 3 /:~ i.:!.(.;~j 1:1." ~;SU '~iIl "';I. ,'""~" , . ~ " ~~ '1'1 SHERIFF'S RETURN - REGULAR CASE NO: 2001-00712 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID-STATE PRODUCTS CORP VS BACKENSTOES II ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BACKENSTOES II D/B/A J & D AUTO SERVICES the DEFENDANT , at 0015:07 HOURS, on the 7th day of February, 2001 at 95 ENOLA ROAD ENOLA, PA 17025 by handing to JOHN BACKENSTOES, II a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 So Ans~ ~ rJ f"'- R. Thomas Kline J '"~ me this "" day of 02/08/2001 POWELL, ROGERS & SPEAKS By : \'\. \) \ r 1\ ~ U ill>Jl'l Q--' \GJLlL Deputy Sheriff Sworn and Subscribed to before J~ d4mf A.D. ~ Q )"U~;'JJ:# othonotary ~ '.'1. ~~ ',.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE PRODUCTS CORP., Plaintiff CIVIL ACTION - LAW vs. NO. 01-00712 JOHN BACKENSTOES II d/b/a J & D AUTOMQTIVE, qs; 8oo~ f2oacl. Defendant ~(14 f?o).T PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue a Writ of Execution in the above matter directed to the Sheriff of Cumberland County against Defendant(s) and against Garnishee(s) in the aforementioned action and index this Writ against the Defendant, John Backenstoes IId/b/a J & D Automotive and as a lis pendens against the real estate of the Defendant. The amount due the Plaintiff is as follows: Principal Additional costs to be added thus far Subtotal $10.061. 50 $ 411. 30 $10.472.80 Date ?-(21 (01 By~l!~ . Chad Moore, Esquire P.O. Box 61107 Harrisburg, PA 17106-1107 (717) 896-2850 Attorney for Mid-State Products Corp. . [~D."O~r:1CE Of: ' :':'W!';\iOTARY ('11 !i'I'....') r',< I.'" ,j '\ I' C'I'1 ". . < V .1 ',., 0,,;. ,~ .... C' I'"' Wf' L ",' V, UN'fY lJl1!lbc::~ i\;\~U CU I PENNSYLVANIA I , t I ~ \~ .!//S:~ 'PeL IU/...( 21.J() C!.c4s B.'):: . -'I S'.S0 - " c ( 9.66 - It F( :<..s--o - If f ( '-- c$;6Cf,30 - Cc.sfs iJ:: . ~ 'i1 ~ I ~ II I I I I ~ ;.6D CO -$f, SU L-. "- ~ Q~ IQJ RJL- /69JCF! '~ ~ 'J '.';'"",nIJIi<L ' "' ,.' ';ii, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE PRODUCTS CORP., Plaintiff CIVIL ACTION - LAW : NO. 01-00712 vs. JOHN BACKENSTOES II d/b/a J & D AUTOMOTIVE, : Defendant PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in the above captioned cause of action against the Defendant, John Backenstoes II d/b/a J & 0 Automotive, in the amount of $10,061.50 plus all costs related to this action, for the failure to answer Plaintiff's Complaint. I certify that a true and correct copy of the notice of intent to take default judgment was sent February 28, 2001 to the defendant at 95 Enola Road, Enola, PA 17025. DATE: .~/(C( !o I , Respectfully submitted, ~~~iro Legal Dept. of Powell, Rogers & Speaks P.O. Box 61107 Harrisburg, PA 17106-1107 (717) 896-2850 Identification #: 76660 '.,', ~<~. >. ~ '" ;'cO.',j; ^"'~;I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE PRODUCTS CORP., Plaintiff . . CIVIL ACTION - LAW . . . . No. 01-00712 v. . . : JOHN BACKENSTOES II d/b/a : J & 0 Automotive, : Defendant : TO: JOHN BACKENSTOES II d/b/a J & D AUTOMOTIVE Date of Notice: FEBRUARY 28, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUmberland County Bar Association 2 Liberty Avenue CarliSle, PA 17013 (717) 249-3166 . C a Moore, Esquire Legal Department of Powell, Rogers & Speaks P.O. Box 61107 HarriSburg, PA 17106 (717) 896-2850 ~~" ~~ 0" j--,. , ~ " . . . " ',q- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE PRODUCTS CORP., Plaintiff CIVIL ACTION - LAW NO. 01-00712 vs. JOHN BACKENSTOES II d/b/a J & 0 AUTOMOTIVE, Defendant AFFIDAVIT OF NON-MILITARY SERVICE J. Chad Moore, Esquire, attorney for Plaintiff, Mid-State Products Corp., being duly sworn by law does depose and say as follows: After reasonable investigation and to the best of my knowledge, information and belief, Defendant, John Backenstoes II d/b/a J & 0 Automotive, is not now, nor was he within the last three (3) months in the military service of the united States of America within the purview of Soldiers and Sailors Act of 1940, as amended. DATE: 3/;1-!/or . Chad Moore, Esquire Attorney for the Plaintiff Legal Dept. of Powell, Rogers & Speaks P.O. Box 61107 Harrisburg, PA 17106-1107 (717) 896-2850 Identification #: 76660 - - ~-~ . -.~~~~ ,'- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE PRODUCTS CORP., Plaintiff CIVIL ACTION - LAW NO. 01-00712 vs. JOHN BACKENSTOES II d/b/a J & D AUTOMOTIVE, Defendant JOHN BACKENSTOES II d/b/a J & 0 AUTOMOTIVE: Pursuant to Rule 236 of the Pennsylvania Supreme Court you are hereby notified that on fY!;;rul Ib . , 2001, the following judgment was entered against you in the amount of $ /6 ()/~I.J:O I , plus costs, in the above captioned case. DATE: 211D, I () I I 1 I hereby certify that the name and address of the proper person or entity to receive this notice is: JOHN BACKENSTOES II d/b/a J & 0 AUTOMOTIVE 95 ENOLA ROAD ENOLA, PA 17025 . ' "-"'~"';;' I I . ,~ i j! I ,~ -& ~ ! , I i i I I i I .1Il I I~ , FiLED-O:TICE OF TJ-:[:: "':":O:'.JOTARY o I MAR I 6 PI1 2: 55 CUM8b~LN'iD COUJ\fTY PENNSYLVANIA 4900 /Jet IJ.JJy C&di IS');)' gJL 16{X?tJy A..)0-i I ~ rri;;2 ( L Cc { -.,. o~~-'~ ,J, ,1--, , ~,...., MAY 2 4 200'10 PETER J. RUSSO, ESQUIRE P A Supreme Court ID: 72897 5010 East Trindle Road, Suite 200 Mechanicsburg, P A 17050 (717) 591-1755 Attomey for Defendant MID-STATE PRODUCTS CORP., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO: 01-2014 CML TERM v. CML ACTION - LAW JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES Defendant MEMORANDlJl\\tQFLA W IN SUPPORT OF'PE'EI'IlIONT0iij"RENJiiJDGMENT I. STATEMENT OF FACTS This action arises out of a claim for the breach of an alleged lease agreement. During the month of April, 2000 Plaintiff and Defendant discussed the possibility of entering into a lease agreement for a tire changer and a wheel balancer for Defendant's automotive business. The equipment was delivered before the lease documents ever arrived. When documents arrived, the terms were not acceptable. When the revised lease was sent to Defendant, he informed Plaintiffs salesman that he was unable to obtain financing, so that they could not enter into the agreement. Defendant's grandfather had purchased equipment from another supplier. Defendant requested that Plaintiff remove their equipment. Plaintiff refused to take back the equipment, although n,Q agreement was ever finalized for its lease or purchase. ~ ....." "h ...~ "" 1 "'" ~,' ....... "'>, ,',"~~-,;...;,--; The aforementioned action was subsequently instituted by Plaintiff against Mr. Backenstoes. Mr. Backenstoes forwarded the Complaint served upon him to Attorney Phil Zulli. Mr. Backenstoes had previously been represented by Mr. Zulli, and believed that Mr. Zulli was representing him on this matter. No action was taken by Mr. Zulli, and subsequently a default judgment was filed against Defendant. II. ARGUMENT A party seeking relief from a default judgment must establish three elements: (1) the petition was timely filed; (2) a reasonable explanation or excuse for the default; and (3) the petitioner had a meritorious defense to the underlying claim. Flvnnv. Casa Di Bertacchi Com., 449 Pa. Super. 606, 674 A.2d 1099 (1996). A Petition to Open a Default Judgment is an appeal to the equitable powers of the court. Alleghenv Hvdro No. 1 v. American Line Builders. Inc., 722 A.2d 189 (Pa.Super.1998), (citing N.H. Weidner. Ine.v. Berman. 310 Pa. Super. 590, 456 A.2d 1377, 1379 (Pa. Super.1983)). Without question, in many cases where [the Court has] found that one of the three requirem~nts for opening ajUdgment was not met [the Court has] stopped Without considering the arguments made with regard to the other two, [Citations omitted.] It is difficult, however, to reconcile this approach with the many other cases that emphasize the equitable nature of the decision whether to grant a Petition to Open, and the importance of balancing the prejudice to the sides... The question is, can a court make an "equitable determination" of what is "reasonable under the circumstances" wi1l1outconsidering all of the circumstances of the particular case? We think not... [W]here some showing has been made with regard to each part of the test, a court should not blinder itself and examine each part as though it were a water-tight compartment, to be evaluated in isolation from other aspects of the case. Instead the court should consider each part in the ~O~..' ~~.~'. .'< ' ","' .. ~<" I!fd.~,',i light of all of the circumstances and equities of the case. Only in that way can a chancellor act as a court of conscience. Provident Credit Com. v. Young, 300 Pa. Super. 117,446 A.2d 257,264 (1982) (en banc). The purpose of rules authorizing entry of a default judgment is to prevent a dilatory defendant from obstructing a Plaintiffs efforts to establish a claim; the rules are not primarily intended to provide a Plaintiff with gaining a judgment without the difficulties arising from the litigation on the merits of the claim. Tronzo v. Eatiitable Gas Co.. 269 Pa. Super. 392, 410 A.2d 313 (1979). Kennedy v. Black, 492 Pa. Super. 397, 424 A.2d 1250 (1981). Therefore, "a standard of liberality should be applied in deciding a Petition to Open a Default Judgment," Medunic v. Lederer, 533 F.2d 892 (3ed Cir. 1976), because equitable principles favor allowing parties to defend causes on the merits, Commercial Banking Com. V. Miller, 90 B.R. 762 (Bkrtcy. E.D. Pa 1988)." Duckson v. Wee Wheelers. Inc., 423 Pa. Super. 251, 620 A.2d 1206 (1993). In the case at bar, Defendant John B. Backenstoes~ is promptly filing a Petition to open the March 14,2001 Default Judgment entered against him. Additionally, Defendant offers a meritorious defense as is set forth suora. Finally, Defendant's faiIme to respond to Plaintiffs Complaint is reasonably explained by the fact that the Defendant reas0l1ably believed that he was represented by counsel, when in fact he was not. The delay in this case was not due to a deliberate decision not to d6fend the claim or to prejudice Plaintiffs attempt to establish his claim, but due to his justifiable belief that his legal interests were being protected by his attorney. Accordingly, the equities of the case show that Defendant had a reasonable excuse for the default. ~. ;:, ,I ,~, ,,' ~~~ >c, As stated by Justice Musmanno in Good v Sworob, 420 Pa. 435, 218 A.2d 240 (1966): A legal controversy is a battle. It may not be bloody, no bodies carried off the field of action, but in all essentials it is a determined conflict in which each side seeks to gain victory over. the other. However, as in warfare, the contending parties in a law battle often seek to resolve their differences without going into the final hand-to-hand encounter when th,ere may not be left enough for either side to claim victory or glory. During these armistices in war or in law, neither side is to fire a shot or clandestinely move troops. Id. 218 A.2d at 241. Justice Musmanno went on to hold that a default being taken under this "armistice" was "manifestly unfair" and should be opened. Id. At 242. For the foregoing reasons, Defendant, John B. Backenstoes, respectfully requests this Honorable Court to grant their Petition to Strike and/or Open the Default Judgment entered on March 14,2001. Respectfully submitted, ~ Date: s-Ir;;;'-i } ("\ \ Peted. Russo SOlO Trindle Road Mechanicsburg, P A 17050 (717) 591-1755 ~ --- ~,~ ~ ,. ' :"j " '~~ <, ,_,~~, " =L,,; MID-STATE PRODUCTS CORP.,: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01.712 CIVIL TERM v. JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES, Defendant CIVIL ACTION . LAW : ' JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Peter Russo, hereby certify that 1 am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: J. Chad Moore, Esquire Powell, Rodgers & Speaks P.O. Box 61107 Harrisburg, PA 17106 . '. . ~"'.'.":',',,",". _,Jfu1,'",ly..,..,s.' _ ,," , ., ,,":', :,' ~"./", '. , , Peter J. Russo Date: ~ ,~ k ,. "~-"" <..' 'i .. <'.;. d , ',Li ., . MID-STATE PRODUCTS CORP.,: Plaintiff IN THE COPRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-712 CML TERM v. JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, COMES, the Defendant, John Backenstoes II, by and through his counsel, Peter 1. Russo, Esquire, and avers the following: I. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Plaintiff sent a sales representative to Defendant's business and at that time a discussion was held regarding the replacement of the older tire changer and wheel balancer being utilized by the Defendant. , .' " ,,', 5. penied. After reasonable investiga'tiort,befenclant is Without sufficient facts to establish the factual accuracy of the facts contained in this avemnent. 6. Denied. Defendant never exp!'llssed an immediate nfled since he was already using the tire changer and wheel balancer that ~ptesent in his shop.. At all times, Defendant expressed to Plaintiff's sales representative that hls acceptance of the new equipment would be contingent on the lease terms. ll>/id"&- 1 ~ ' , " '" ',,~ , ,~ '" ~ ~1I'.'JI' ;! 7. Admitted in part and denied in part. It is admitted that Defendant stated that if the price was reasonable and he could afford the payment, Defendant would purchase the equipment. To the contrary, the equipment was ex~emely over priced in the market. 8. Admitted. 9. Denied. Defendant never made any promises to pay Plaintiff for the tire changer and wheel balancer. No invoice was ever presented by Plaintiff to Defendant for the tire changer and wheel balancer prior to or at its delivery. 10. Admitted in part and deilied.in part. It is adtnitted that Defendant used the tire changer and wheel balancer but once the lease terms were delivered, Defendant immediately stopped using the tire changer and wheel balancer and ~ked Plaintiff to pick the item back up. By way of further response, Defendant used the. tire C;11ap.gerandwheeLbalancer for a total of approximately one month. 11. Denied. Approximately four weeks passed before Plaintiff provided a lease agreement. 12. Denied. Defendant never asserted that he sent the paperwork back to the Plaintiff and Defendant ceased using the tire changer and wheel balancer once the lease was reviewed. 13. Denied. Upon receipt of the lease, Defendant contac;ted Plaintiff and advised them to remove the tire changer and wheel balancer since the payment terms were outrageous. Plaintiff , ,'" '-'I advised Defendant that there would be it handling charge and a restocking fee but someone would be out to remove the tire changer and wheel balancer. No one ever arrived to remove the tire changer and wheel balancer so De~endant, m,o,ved J>laiiltiff s tire changer and wheel balancer , , to the back of the shop. ~'" "~~ ~- ~~ ~ - ,~ ,".;' ~ ' -' ~, ~, ~ ' L"~ 14. Denied. The averrments contained in this paragraph are conclusions of law which require no response. In the event any portion' of this paragraph is deemed factual, it is denied that Plaintiff was entitled to payment since there was no agreed lease tenus. 15. Admitted in part and denied in part. It is admitted that prior to July, 2000, Defendant did business with Plaintiff and Plaintiff s sales representative would re-stock parts he felt Defendant required. After July, 2000, Defendant ceased all dealings with Plaintiff. 16. Admitted. 17. Denied. The averrments contained in this paragraph are conclusions of law which require no response. In the event any portion of thisparagtaph is deemed factual, it is denied that Defendant owes any money to Plaintiff for the aforementioned parts as Defendant completed return slips for each item.. By way of further response, in the past, Plaintiff always accepted Defendant's return slips as a matter of course. 18. Denied. The accounting is a document which speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. 19. Denied. The averrments contained in this paragraph are conclusions of law which require no response. In the event any portion of this pa.tllgra.phisd~emed factual, it is denied that Defendant owes any money to Plaintiff as Defendantcompleted return slips for each part , itemized by Plaintiff and the Defendant never accepted the tire changer and wheel balancer. 20. Denied. Defendant has not been.Ui1j1l$t1y~ched by Plaintiff's failures and omissions. By way of further response, Defendant, on several occasions asked for the removal of the tire changer and wheel balancer and Plaintiff failed. Defendant di~ not use the tire changer and wheel balancer after the lease terms were disclosed to him. ~". - .:. ~-"~"' ','" ","","', .. . - ,.", WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of the Defendant and against Plaintiff in the amount of all expenses and costs incurred by Defendant in defense of this matter. NEW MATTER 21. The parties never agreed to a price for the tire changer and wheel balancer. 22. . The Plaintiff decided to deliver the item without disclosing any terms relative to price, term or interest. 23. The Plaintiff decided to deliver the item without an, agreement on any terms relative to price, term or interest. 24. Had an agreement been form~d with ,terms such as price, term or interest, Defendant would have.terminated,?isc~~iol1$.;!i~;~tP~Jr;tr ", ' ",,"..,' ,--:,' :",'" ,; :(,.-",)"", ,',:"':, ,'::,,::,'::'-:' "", 25. When the tire changer and vjR~~rbal:~i:erWasdeliveted no invoice was provided. 26. When the tire changer and wheelbaiancer was delivered no signature was required. 27. Has Defendant received an invoice for the tire changer and wheel balancer upon its delivery, Defendant would have rejected the delivery of the same. 28. Defendant asked Plaintiff's sales representative on several occasions to have the tire changer and wheel balancer removed. 29. Defendant was and remains willing to pay a reasonable and standard handling and/or re- stocking fee. 30. Plaintiff has failed to set a claim upon which release ',may be granted. 31. Plaintiff has failed to join an indispensab~e party. 32. Plaintiff has failed to mitigatetheircWhages, liany. 33. Plaintiff may be barred in whoJ~.oriP;;Pil#,byJ:h:eap~g~ble,Statute"ofLimitations. , , ,,': ';-,';',' ,,< -" \:,~:~' '::"--'r:, ": i;' "r::"'" ;'", '" '",~~i~:'}":,,:<: ,," '," :,::,'~,:,:'" t, :,i ,',; 34. Plaintiff may be~a.rredJn W~~;~~~:i#:~~~~i\~~:p~~ipleofres judicata. 35. Plaintiff's claim may beblUTedfY.the:estpppel, waiver and latches. 36. Plaintiff's claim may be barred b"ythe Priliclples of Accord and Satisfaction. 37. Plaintiff's claim may be barred by the doctrineofpa}'ll1ent. 'I: .. " , 38. Plaintiff voluntarily assumed th~ risk of the facts set forth in this Complaint and accordingly his claim is barred. ="" " ^- ~,~ ~,~_.. L.e.., -,- ," .. 39. Plaintiffs claim may be barred and limited by the doctrines of comparative negligence and/or assumption of the risk. 40. No conduct of the Defendant ?~ag~l1t of the Answ~g Defendant resulted in or is the proximate cause of any injury or datnage sustain.ed by the Plah1tiff. 41. Any injuries and/or datnagescla.imed by the ~laintiff, if proven, were caused by persons other than Answering Defendant and not within the control of Answering Defendant. 42. At all material times heretoAl}Swelin.g Defendant acted reasonably, appropriately and caused no injuries or datnage to Plaln#ff. 43. Any harm suffered by the Plaintiff arose out of their own non-performance of the essential obligations. Respectfully submitted, ~ """,,..."',t., '. ", '. ,,'", " , '.' '~i' ,,'", , : """'- Peter JiRusso Date: ~b'4l \l I ~ .1;1 ~, ~ "" I " .;., 0. " ~ ~ ~~Jlt ;' ,,: :: ' INB" '." ();, rr'OF COM)VreNPLEAS;.,.,...,,:.:,;,i;;"";il)~+.~~lfdi, ,,:,I~, ;;\ll~' k'Ml"'I".I;j:.ti.:''1- ' " 'J J~~':'~~-.I.~'-- 'I"h". "i, '~k~!'~"\E"'''~''':'' . -'~I' ",.,>..,..),i>;,'>;i;"l"'r'.";,rj~'i'-\'M;:j'Jb" ~"~'Ir'I""'I~,i"\ h ,,' '.' ,..; ',.' " " "in'O"TTii.mt 'p 'NN"S' m';':','X1\1"t;Xill:;'i;;""'""''':;;''('''(';; ~ ", I, ~ '. . ",'~' V'J.",J:l"I"-,--" !J:~:LJ:V)~iJ~,~h""';"'I.;,!;~;;,'J;_",\""j"'''' '~''':''': :'t';',." ,~',"'rF,'T": " ' . ":,' ' ",' '; :,~: .,::" "'::,>r!:,,"::~:'~.;~:D:R::;:;:}i,":: NO. 01-712 CIVlL TERM MID-STATE PRODUCTSCORP.,: Plaintiff v. JOHN BACKENSTOES rr d/b/a J & D AUTO SERVICES, Defendant CIVIL ,AC'JiIQN - LAW JURY TRIAL DEMANDED VERIFICATION , , , I, JOHN BACKENSTOES II, verify that thestatelnents made in the foregoing dqcument are true and correct. I understand that false st8.temilnts malie herein are subject to the pernjIties of 18 Pa.C.S. ~4904 relating to unsworn falslfication to a,uthozities. ' 5'/~410 , DATE " ".: ) I:; , i ': ',,',:':'':!(:,.:::f~,,;:;:;~~~t1i~j~:;1~~;i:~~I\:'':'':d:,:::1, '~"'dt",, 11', ",/J,','r:ck" '. ,,"",",. "';"""'"'''',-',''''''''''' :'<,','.I-J ,',""~~I:Pli::"':': ,,' ! , oooBackenstoesll ., .' ',,' .' >bi~"'~' " < , '~ I ~, ,t.."~, H .,~ 0 " ~O" . .' JUN 0 ~ PETER J. RUSSO, ESQUIRE P A Supreme Court ill: 72897 5010 East Trindle Road, Suite 200 Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Defendant MID-STATE PRODUCTS CORP., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO:Ol-712 CMLTERM v. CML ACTION - LAW JOHN BACKENSTOES n d/b/a J & D AUTO SERVICES Defendant TEMPORARY ORDER RESTRAINING SALE OF PROPERTY AND NOW, the Petitioner having filed a petition and verified that immediate and irreparable loss and damage may result to him before the matter can be heard on motion, upon consideration of the Defendant's attached petition, the Plaintiff, Mid-State Products Corp., and the Sheriff of Cumberland County are hereby enjoined from all acts or actions against the Petitioner, from transferring, encumbering, selling and disposing of the property or any interest that the Petitioner may have in said property as scheduled on June 11, 200 I, until further order of this Court. </_ 'f oz."ol BY THE COURT: 4/L Distribution: Peter J. Russo, Esquire - ~ ~ - l. - OS"-~/ J. Chad Moore, Esquire - 7\.0.~ ~ &_s.()/ J. # , . -. , ~ . ,.. .'C.._'~ ,,,'"~. .""_'~' ,_ '~="' 0- RLEf).{)iT)r'r: '- ,,.. ,Tvl... , 11"','" DPntTl,'^'~~IAR ' " "" -,' '''U Y -"--'!'.,JI , 01 JUN -s AM 8: 45 CUM8EFl.UWD COUtWY PENNSYLVANIA ~,~. ',,',,- ".-":,,, ","O'~'~ ,...-,-~~~ " 7""'1"_ ",' _ ,~",t'i~~"11*'-<J!;':!lrl'iJ,C"''''f;f''''f1l!'f"5'\1''!<:<~~~~~I,~m~!lW~11!W~~~~ ~~' ...1 ,= -:.,:.-,~ , ". ,," .',--" ,,',' '""'",, ~"-' '~",,~ ,I "j r J'OO~ o. 44~ PETER J. RUSSO, ESQUIRE P A Supreme Court ill: 72897 5010 East Trindle Road, Suite 200 Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Defendant MID-STATE PRODUCTS CORP., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-712 CIVIL TERM v. CIVIL ACTION - LAW JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES Defendant PETITION OF DEFENDANT TO STAY SHERIFF'S SALE PENDING DECISION ON IDS PETITION TO STRIKE AND/OR OPEN DEFAULT JUDGMENT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The petition of Defendant, John Backenstoes d/b/a J & D Auto Services, respectfully represents: 1. John Backenstoes is the owner of certain inventory and equipment located at 95 Eno1a Road, Eno1a, PA 17025. 2. On March 14, 2001, a default judgment was entered in favor of Plaintiff Mid-State Products, Corp. 3. As a result of the default judgment a writ of execution was issued by this Honorable Court in the above-captioned matter setting Sheriff's sale on June 11,2001. " f,"" .. ~ ' ... 4. On May 24, 2001, Defendant's attorney filed a Petition to Strike And/Or Open the Default Judgment. 5. The matter has not yet been heard on motion. 6. If the Sheriff Sale proceeds before the Defendant's Petition to Strike And/Or Open the Default Judgment is decided, the Defendant will suffer irreparable damage and loss. WHEREFORE, Defendant respectfully requests that this Honorable Court stay the Sheriffs Sale of the property ofJohn Backenstoes. Date: Peter . Russo 5010 Trindle Road Mechanicsburg, P A 17050 (717) 591-1755 ~'~-~~,=~~- ,;';':' , - -;,;ji-' - t.'" ~i!1:' ~ FILED-OFFICE OF THE PiiOTHONOTAAY 01 JUN -5 AM 8: 1.5 CUM8EHlAND COUNTY PENNSYLVA"JIA I i " f~ y!! .'8 ~ , , 'if {, ,* ~ J I I i !I I I ) ,~--.;.;..I " , ~ , , ,,~ MID-STATE PRODUCTS: CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOHN BACKENSTOES, II, d/b/a J & D AUTO SERVICES, Defendant NO. 01-0712 CIVIL TERM IN RE: DEFENDANT'S PETITION TO STRIKE AND/OR OPEN DEF AUL T JUDGMENT ORDER OF COURT AND NOW, this 315t day of July, 2001, upon agreement of counsel, the argument previously scheduled in the above matter for August 16, 2001, is rescheduled to Wednesday, August 29, 2001, at 2:00 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. Chad Moore, Esq. P.O. Box 61107 Harrisburg, P A 17106 Attorney for Plaintiff ~~ "I" Ol~, " .~ ~~~ ~t\O \ Peter J. Russo, Esq. 5010 Trindle Road Mechanicsburg, PA 17055 Attorney for Defendant :rc ,,' ' ',.. ,,--' '\, , ~ 1 i i I i .i l , i ~j j 1 " ',.~ " ' "', '. .' . '~, .., ,,:' " "0" ,,"",/ " MID-STATE PRODUCTS CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOHN BACKENSTOES, II, d/b/a J & D AUTO SERVICES, Defendant NO. 01-0712 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of May, 2001, upon consideration of Defendant's Petition To Strike and/or Open Default Judgment, it is ordered that: 1. A Rule is issued upon Plaintiff to show cause why Defendant is not entitled to the relief requested; 2. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days ofthe date of this order; 5. Argument shall be held on Thursday, August 16, 2001, at 9:30 a.m., 1ll Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. "'.- C) >- c: l--.". }', - '7" ~~'-",: ~:J <C ',.' --,--,,;; .,-- C) ;7- n.... ~,-'. ::::j - c/) ("'j 7 ~;-;:; -- ~ 'c- .- -, ~: , -- - ~ , () (~:.::.} U BY THE COURT, ." ~;' 0 ~" ' ~ J. Chad Moore, Esq. P.O. Box 61107 Harrisburg, P A 17106 Attorney for Plaintiff Peter J. Russo, Esq. 5010 Trind1e Road Mechanicsburg, P A 17050 Attorney for Defendant :rc ,"'_"""101...," ~" '..L .__~ '," ''', ~" ',,1 - , , . MAY 2 9 20017J!J PETER J. RUSSO, ESQUIRE P A Supreme Court ID: 72897 5010 East Trindle Road, Suite 200 Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Defendant MID-STATE PRODUCTS CORP., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-~ CIVIL TERM ,"1-\l CIVIL ACTION - LAW JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES Defendant RULE TO SHOW CAUSE AND NOW, this _ day of , upon consideration of the attached Petition for Special Relief, a Rule to Show Cause why the relief requested should not be granted is hereby issued upon the Plaintiff, Mid-State Products Corp. This rule is returnable within twenty (20) days of service on the Defendant. BY THE COURT: J. Distribution: Peter 1. Russo, Esquire J. Chad Moore, Esquire ~- ~J. ~_~ "'c_ "'Ii' ... PETER J. RUSSO, ESQillRE PA Supreme Court ID: 72897 5010 East Trindle Road, Suite 200 Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Defendant MID-STATE PRODUCTS CORP., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-2014 CML TERM v. CML ACTION - LAW JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES Defendant PETITION OF DEFENDANT. JOHN BACKENSTOES d/b/a J & D AUTO SERVICES. TO STRIKE AND/OR OPEN DEFAULT JUDGMENT Defendant, John Backenstoes d/b/a J & D Auto Services, by and through his attorney, Peter J. Russo, Esquire, hereby petition this Honorable Court to strike and/or open the default judgment entered against him in the above-captioned action, and aver in support thereof the following: 1. In their Civil Complaint, Plaintiff Mid-State Products, Corp., alleges a breach of a contract for the lease of equipment, a tire changer and wheel balancer. A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit "A." 2. Plaintiff Mid-State Products, Corp., also alleges a failure on the part of Defendant to pay for parts that were provided to Defendant. 3. No lease agreement or invoice was ever signed or entered into by the parties. / ... 4. The parties failed to even agree on simple terms such as price, payment amount, term or interest rate. 5. Notwithstanding the lack of a written agreement, Plaintiff delivered the tire changer and wheel balancer to Defendant and only later provided the lease terms. 6. Once Defendant reviewed the lease terms he tried repeatedly to return the equipment to Plaintiff. 7. Plaintiff refused to accept the tire changer and wheel balancer and the instant action was commenced. 8. Upon receiving the Complaint, Defendant forwarded all documents relating to this matter to attorney, Phil Zulli, reasonably believing that Attorney Zulli was handling the matter, only to learn later that he was not. 9. On March 14,2001, a default judgment was entered in favor of Plaintiff Mid-State Products, Corp. A true and correct copy of the time-stamped Praecipe for Entry of Judgment is attached hereto as Exhibit "B." 10. Defendant, John Backenstoes d/b/a J & D Auto Services, has a meritorious defense, as is set forth in the Proposed Answer to Plaintiff's Complaint, a true and correct copy of which is attached hereto and marked as Exhibit "C," and for that reason the Default Judgment taken by Plaintiff must be opened. 42 Pa. R.C.P. g237.3(b). 11. Further, Defendant's Petition to Open Default Judgment should be granted because this petition is timely filed, a meritorious defense exists to the allegations raised in Plaintiff's Complaint, and Defendant's failure to respond to the Plaintiff's Complaint is reasonably explained and excused. . ... WHEREFORE, Defendant respectfully requests that this Honorable Court strike and/or open the Default Judgment against him on March 14, 2001. Date: :!) (do Lj I () I , ~ Peter J. Russo 5010 Trindle Road Mechanicsburg, P A 17050 (717) 591-1755 '"="""~ '..M"" , , "" ;' " . ~ , '. MID-STATE PRODUCTS CORP.,: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-712 CIVIL TERM v. JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: r ~, ii:, 't " \, , J. Chad Moore, Esquire Powell, Rodgers & Speaks P.O. Box 61107 Harrisburg, PA 17106 C:~~ Peter 1. Russo ./"'--.. "'"'-- Date: ~ . '. C:'r}-V:E ".. f ,:.;i-,,r/~\\!()TARY ~, """~" "", 2' , I U! j'.i:~'\! t,'!~ {~rl . l.J *' ~I H"""" /"1, ""JU"17Y G-";!vil_,,'_., ,':. !"~, ';J \~,~ , i\ PENf\JS\'LY4'''JiA I '" ~ :~ ; , ~ ~ ;;:: "'I m , ;;-, , -* '~ ;w I I ,~ I I I , I cr.. ~ '^~-_. ~~ I" ~ .. MID-STATE PRODUCTS CORP.,: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-712 CIVIL TERM v. JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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 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 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 FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Service 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 TO: MID-STATE PRODUCTS CORP. C/O J. CHAD MOORE, ESQUIRE You ARE HEREBY NOTIFIED To FILE A WRITTEN RESPONSE TO TIlE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAyBE ENTERED AGAINST You. PETER J. Russo "" , ~~ ,',- =h ; MID-STATE PRODUCTS CORP.,: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-712 CIVIL TERM : v. JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, COMES, tl,le Defendant, John Backenstoes II, by and through his counsel, Peted. Russo, Esquire, and avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Plaintiff sent a sales representative to Defendant's business and at that time a discussion was held regarding the replacement of the older tire changer and wheel balancer being .utilized by the Defendant. 5. . ,penied. After reasonable investigation, Defendant is without sufficient facts to establish the factual accuracy of the facts contained in this avemnent. 6. Denied. Defendant never expressed an i~ediate need since he was already using the tire changer and wheel balancer that was present in his shop. At all times, Defendant expressed to Plaintiff's sales representative that his acceptance of the new equipment would be contingent . . on the lease terms. -" ~. ,- ,,;_L 'J """,",',,-" "C' I' ' " b_,,::'""".< 7. Admitted in part and denied in part. It is admitted that Defendant stated that if the price was reasonable and he could afford the payment, Defendant would purchase the equipment. To the contrary, the equipment was extremely over priced in the market. 8. Admitted. 9. Denied. Defendant never made any promises to pay Plaintiff for the tire changer and wheel balancer. No invoice was ever presented by Plaintiff to Defendant for the tire changer and whi}el balancer prior to or at its delivery. 10. Admitted in part and denied in part. It is admitted that Defendant used the tire changer 'andrvvheelbalancer but once the lease terms were delivered, Defendant immediately stopped using the tire changer and wheel balalicer and asked Plaintiff to pick the item back up. By way of further response, Defendant used the tire changer and wheel balancer for a total of approximately one month. II. Denied. Approximately four weeks passed before Plaintiff provided a lease agreement. 12. Denied. Defendant never asserted that he sent the paperwork back to the Plaintiff and Defendant ceased using the tire changer and wheel balancer once the lease was reviewed. 13. Denied. Upon receipt of the lease, Defendant contacted Plaintiff and advised them to remove the tire changer and wheel balancer since the payment terms were outrageous. Plaintiff advised Defendant that there would be a,handling charge and a restocking fee but someone would be out to remove the tire changer and wheel balancer. No one ever arrived to remove the tire changer and wheel balancer so Defendant moved Plaintiff's tire changer and wheel balancer to the back of the shop. .1...," "' ~" ,r , ~ . 14. Denied. The avemnents contained in this paragraph are conclusions of law which require no response. In the event any portion of this paragraph is deemed factual, it is denied that Plairitiffwas entitled to payment since there was no agreed lease terms. IS. Admitted in part and denied in part. It is admitted that prior to July, 2000, Defendant did business with Plaintiff and Plaintiff's sales representative would re-stock parts he felt Defendant required. After July, 2000, Defendant ceased all dealings with Plaintiff. 16. Admitted. ,J7; ,periied. The avemnents contained in thisparagrilph are conclusions of law which require ',!--,'" " , ''',',' " ~(j1"~~~onse.In the eventanypo~ono~thisp~a:"graph is deemed factual, it is denied that ..I'" .. ' ' , D~reri.dant owes any money to Plaintifffor the aforementioned parts as Defendant completed return slips for each item.. By way oflurther response, in the past, Plaintiff always accepted Defendant's return slips as a matter of cpurse. 18. Denied. The accounting is a document which speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. 19. Denied. The avemnents contained in this paragraph are conclusions of law which require no response. In the event any portion of this paragraph is deemed factual, it is denied that ])efendant owes any money to Plaintiff as Defendant completed return slips for each part "}:\:E:-':","'i'",l;:::'::~1:,!i';,(~,<,:: ", ' , ",":'""',,, ::" ,'",,:'" : , " :' ' ,~~i:j;ir:'i~~;elibyPlaintiff and the Def~d~ip,evetiitceeptedthe tiiechanger and wheel balancer. "':':;l',"/~~,>:::~:',::',:'---P;-"" " ",' ,,,',' '",':", ' . ' ";20. "Denied. Defendant has riotbeeft'Urijusi1yefuicned by Plaintiff's failures and omissions. By way of further response, Defendant, ,on several 'occasions asked for the removal of the tire changer and wheel balancer and Plain~fffailed. Defendant did not use the tire changer and , ,', ' ~ ~ wheel balancer after the lease terms were disclosed to him. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of the Defendant and against .Plaintiff in the amount of all expenses and costs incurred by Defendant in defense of this matter. '.;.;__i\. NEW MATTER 21. The parties never agreed to a price for the tire changer and wheel balancer. 22. The Plaintiff decided to deliver the item without disclosing any terms relative to price, term or interest. 23. The Plaintiff decided to deliver the item without an agreement on any terms relative to price, term or interest. 24. ',' ,Had an agreement been formed With terms s1Jch as price, term or interest, Defendant ::>>,~#la;ita.Xe.terminated discussionsatfuilt p~fnt.' ' '^r;;':'>:!,~,~<":,:,;~""""".-":,,,,, ::', , ,:;, , " , ' __" , ,,,::'":_:'____':'>"' ;:',,-:,,',' ::2'&i':'jij;\vhenthe tire clianger and wh'~eh)8Ia1:cerwasdelivered no invoice was provided. '>,,"'"'' ;',';" ,- " . iWhen the tire changer and Wh:e~lbl\ililic'erwas delivered no signature was required. ., ,:, ,"'" "'" :::,'<jCl, ',',,\:;", ;l1asDefendantreceiVed!ll1!iIitoj(j~fdrllietire changer and wheel balancer upon its ' ' , ; !" ' delivery, Defendant would have reject~dthe delivery dfthe same. 28. Defendant asked Plaintiff's sal~s representative on several occasions to have the tire changer and wheel balancer removed. 29. Defendant was and remains willing to pay a reasonable and standard handling and/or re- stocki~g fee. 30. ,Plaintiffhas failed to set a claim upon which release may be granted. 31. Plaintiff has failed to join an indispensable party. 32. Plaintiff has failed to mitigate theirda:mages, ifany. , 3'3. ,Plaintiff may be barred in whole dr in Part by the applicable Statute of Limitations. .!,J4. ',' '~!aintiffmay be barred in whoieQrin~ftftbythe priIlc~ple of res judicata. .3?! . Plaintiff' sclaim may be bl\h'edbYtl1eest6ppel, waiver and latches. , "36. Plaintiffs claim may be, bllrred$ythePririCfples of Accord and Satisfaction. n Plaintiff's claim may be barred Qy,the dectrine of paym~nt. ' '38. Plaintiff voluntarily assumed th~'risk of the facts set forth in this Complaint and accordingly his claim is barred. ifl oltOi'W"""' " , 39. Plaintiffs claim may be barred and limited by the doctrines of comparative negligence and/or assumption of the risk. 40. No conduct of the Defendant or agent of the Answering Defendant resulted in or is the proximate cause of any injury or damage sustained by the Plaintiff. 41. Any injuries and/or damages claimed by the Plaintiff, if proven, were caused by persons other than Answering Defendant and not within the control of Answering Defendant. 42. At all material times hereto Answering Defendant acted reasonably, appropriately and caused no injuries or damage to Plainqff. 43. Any harm suffered by the Plaintiff arose out of their own non-performance of the essential obligations. Respectfully submitted, Peter J. Russo Date: ~ iQ'i (0\ ~ ~"< ,---- MID-STATE PRODUCTS CORP.,: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-712 CIVIL TERM v. JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, JOHN BACKENSTOES II, veritY that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. 5"1~nl I D J DATE q,Jk {j /J~~A John Backenstoes II " ',: " . ""' " MID-STATE PRODUCTS CORP.,: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-712 CIVIL TERM v. JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing docwnent upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: 1. Chad Moore, Esquire Powell, Rodgers & Speaks P.O. Box 61107 Harrisburg, P A 17106 ~ Peter J. Russo Date: . ., I:i,'-'!: ., :.'}TN?,y r....,.., i~~' \! r):, v ,'~ 1 '., C <.~ d ?: Ll\ CU"C ;c'l'. 'Y'U'I'TY j'1....."..... '~_,.,_; \-1~..1 \, i Pl:Nl'\ISYl).I!\N\A ;~ ~ R ,n ! ~ '~ -~ ~ I fi J I I I ,I I ~w ,I . .. J. CHAD MOORE, ESQ. Attorney 10 #76660 P.O. Box 61107 Harrisburg, PA 17106-1107 (717) 896-2850 MID-STATE PRODUCTS CORP., Plaintiff v. JOHN BACKENSTOES II d/b/a J & 0 AUTO SERVICES, Defendant AND NOW, this day of >.. ~ ~,\-' Co, _, ' 4" [!j,1j; JUN 2 6 200(1 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-00712 ORDER ORDERED that Defendant's Petition to strike and/or Open Default , 2001, it is Judgment is DENIED. BY THE COURT: J. --j}IJ ~ f~J . h/Je/ol ;M~ ~~~ ~4t/,j/ ,., ~~ '" '" ..:.. ~~~, ~" , ,= '~~i , ' J. CHAD MOORE, ESQ. Attorney ID #76660 P.O. Box 61107 Harrisburg, PA 17106-1107 (717) 896-2850 Attorney for Plaintiff MID-STATE PRODUCTS CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES, Defendant NO. 01-00712 PLAINTIFF MID-STATE PRODUCTS CORP. 'S ANSWER TO DEFENDANT'S PETITION TO STRIKE AND/OR OPEN DEFAULT JUDGMENT Plaintiff Mid-state Products Corp., by its undersigned counsel, answers Defendant's petition to strike and/or open default judgment as follows: 1. Admi tted. 2 . Admi tted. 3. Admitted in part and denied in part. It is admitted that no lease agreement was ever executed by the Defendant but Paragraph 3 is denied insofar as it is meant to suggest that there was no agreement between the parties or that the Defendant made no promise to pay. 4. Denied. Defendant was aware of the price prior to delivery of the tire changer and wheel balancer and had promised to pay for said equipment outright if his lease was not approved. 5. Admitted insofar as Plaintiff delivered the tire changer and wheel balancer at Defendant's request prior to final approval by the leasing company, pursuant to Defendant's promise to pay and the prior business relationship between Plaintiff and Defendant. ~ "" .",,-, co'"',,.'' ~ > 'w-<~l I I .. 6. Denied. To the contrary, Defendant repeatedly claimed, upon inquiry by Plaintiff, that his portion of the lease documents had been sent in to the leasing company while Defendant continued to use the equipment. 7. Admitted insofar as Plaintiff has declined to pick up the now-used tire changer and wheel balancer at Defendant's business. 8. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 8. Accordingly, said averments are denied. 9. Admi tted. 10. The averments of paragraph 10 state conclusions of law to which no response is necessary. To the extent said averments are deemed factual in nature and a response is required, Paragraph 10 is denied. 11. The averments of Paragraph 11 state conclusions of law to which no response is necessary. To the extent said averments are deemed factual in nature and a response is required, Paragraph 11 is denied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's Petition to strike and/or open the Default Judgment. Date: e!z%r Respectfully submitted, gJJX2l~re ,,- i . . , _CO, <0~,,: " CERTIFICATE OF SERVICE The undersigned hereby certifies that he has this date caused a true and correct copy of the foregoing Answer to Defendant's Petition to strike and/or Open Default Judgment to be served on the following by first-class mail, postage prepaid: Peter J. Russo, Esquire 5010 East Trindle Road, suite 200 Mechanicsburg, PA 17050 Counsel for Defendant Date: {;/2o/0 ( ( @:1~e --,;;;;:===":.=====:;c~~--;":;.:---,-;:;,,,"~==--.,---~~---~- - ",'~ ~ '. < I'i_ : -'I '::- ::~::':;\(;TNiY ,"! 11 11-1 ..." I U I ,." '"II 'i (" Fj I: l.ll C' '"',,," "', ("U~ UNTY 1 :1\1' """'--i.-" 1+-'''' , ' ...... '_.h.....,"~ ,.~... -' l f'E~JNSYLVANIA i I I 11 I @ ~ ~ 'ti ~ 4 , " , ?!il ':~ :~ ~ j ~ ,f,i ~ ;jj il1 II :iJ1 i J 1~ I ~'" ......."~-~ ,,~ ":";t~,,,, ~~Ii"b.~. ''-t WI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA MID-STATE PRODUCTS CORP., Plaintiff vs. JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES Defendant Deposition of: Taken by ~c, "'. , 'U, "11:":'>;" " "" Date Place ''1-,;.: Before APPEARANCES: J. CHAD MOORE, ESQ. For - Plaintiff PETER J. RUSSO, ESQ. For - Defendant ~: if')" No: 01-2014 CIVIL TERM CIVIL ACTION - LAW JOHN BACKENSTOES II Defendant August 9, 2001, 9:51 a.m. 5010 E. Trindle Road Mechanicsburg, Pennsylvania Ann M. Wetmore Reporter - Notary Public c-- -:~ -0rZ~, \/; fY\\' \-....) ~{-_ \CJ u~~.:_ r::c:- "- '%'t~j f'.) 7C;; .' k 'J) .:::\ t.? -'- FILms & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717.845-6418 PA 1-800-233-9327 - ~.J,-,: i ......,-~~~ ~ ' - ^- -,- .:.:" ' ---~~ -'j - :.Jw>', 2 o INDEX WITNESS Examination JOHN BACKENSTOES II By Mr. Russo 3, 32 By Mr. Moore 16 EXHIBITS Deposition Exhibit Number Paae 4 Letter to whom it may concern from John B. Backenstoes 11 5 Letter to John B. Backenstoes II from Ed Pavlovic, dated October 5, 2000 12 o o FIUUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 FA 1-800-233-9327 0',' ',. . ~' ~ '-' " ~~. ~~'~"' ""'>""""Y lJI!~; Q. A. Q. A. Q. A. Q. A. Q. 25 3 STIPULATION 2 It is hereby stipulated by and between 1 3 counsel for the respective parties that reading, 4 signing, sealing, certification and filing are 5 hereby waived; and all objections except as to the 6 form of the question are reserved to the time of 7 trial. 8 JOHN BACKENSTOES II, called as a witness, 9 being duly sworn, testified as follows: 10 EXAMINATION 11 BY MR. RUSSO: Your name and address? John B. Backenstoes II, 1284 Boiling Springs Road, Boiling Springs, PA 17007. Were you here for Ray's deposition where I gave him some instructions about the questions and answers and understanding them? Yes. Did you hear all of those instructions? Yes, I did. Do you understand them? Yes. Basically I'm going to ask you some questions about the wheel changer. Tell me how the issue of 12 0, , :, ,~} 13 14 15 16 17 18 19 20 21 22 23 o 24 a wheel changer first came to J & D Automotive? FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York n7-845-6418 PA 1-800-233-9327 ~~'~*%1;p.l!m~~!tM!1ilii,w;ic;:._0<-\:",""""'b=H'o'b",jbEi~'~,",.1il"!i:!i~ ,._-~__ _.f, ".,~, ~~~~_ ~ . '- "~q.,- ,-,' " ,',-" .<. .. "-. . ..-" -'~'--' '"'".: ilillllU '"'~li~'" 'J(-' _0. " lil'-' - UIlI " "'" ~-' o ,0.'",,\ . , ~ o ~"",.",,', v ~,;, ~ ~ ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - ~, . "-~"I - ~" .! ~ 1 2 3 4 5 6 Q. 7 8 A. 9 Q. A. Q. A. Q. A. Q. A. Q. Exam./Russo - Backenstoes 5 curious that the equipment came without me signing the lease. And Ray said it will be there and the lease did eventually come. I can't tell you exactly how many days or weeks after we had the equipment that the lease got there. When you received the equipment was there an invoice? No. Ray had indicated the sales price and the payment was provided to you. Was there anybody else that you would have had to have gotten consent from to agree to purchase that equipment? On any big purchases I discussed it with the lady that loaned me the money to start the business and my wife because, you may think it's funny, but I got to live with her. Okay. If I brought too much money out at one shot, I sleep on the couch. Would this have been a big purchase? Yes. What do you define as a big purchase? Anything that costs more than what's in the company checkbook. When the item was delivered, what happened at that FILIUS & McLUCAS REPORTING SERVICE. me. Harrisburg 717-236~0623 York 717-845-6418 PA 1-800-233-9327 o 10 11 12 0,,', -:'. , ~: 13 14 15 16 17 18 19 20 21 22 23 o 24 25 - .,.1;.,.,--' _<-.. la;~\ 1 2 A. 3 4 5 6 Q. 7 A. 8 9 Q. A. Q. A. Q. Exam.jRusso - Backenstoes 6 point? When the tire changer and balancer were delivered it was off loaded on the truck. I asked the delivery man if I had to sign anything. He said, no. We did unpack it and hook it up and use it. HOw long did you use it for? One or two months most. I can get documentation as to when the other equipment showed up. And you said other equipment. At some point why did you seek to obtain additional equipment? My grandfather who I'm named after knew the gentleman that owns Young's Equipment and had got the equipment sent in. And grandpa was paying for it for the lease of that equipment. I wasn't writing checks out for it up until when grandpa passed away a month or so ago and then I took over the payments of the lease. How much was the purchase of that additional equipment? Purchase price for a tire balancer, tire machine and an AC unit to do R12 134A was about $7,600 for all three units. And what caused you was there anything that caused you to get this equipment from Young's rather than retain the items you had gotten from FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 '.-' ~= _NoO_", . o o 0',,',',,', i,.i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~- ~~ ~~1-~- 1 2 A. 3 4 5 6 7 8 9 Q. A. Q. A. Exam./Russo - Backenstoes 7 Mid-State? The backer couldn't come up with the money because she's looking at two major hookups for sewer. Grandpa had stopped down at the shop, wanted to see what his grandson was doing. I discussed the equipment with him and he said, no, he says, I can do better for you. Within a few weeks this guy showed up with this other equipment. At some point did you learn about the terms of this lease or purchase of the Mid-State product? Yeah. Here, again, I don't remember how long it took, but when the lease papers got there I opened it up. I took it home. My wife, who is an accountant, and my backer went over it. And the backer read it and when she read that we had to sign a lease for two terms of the lease and that the buyout would be fair market value, she advised me at that time not even to sign the lease. What were the terms as you believe them to be of that lease? Memory, the first four years was $400 some odd cents a month with an $1,800 deposit. Then after the first four terms were up, they wanted me to sign it again for another four years at half of what I was paying for the first four-year lease, FILIUS & McLUCAS REPORTING SERVICE, me. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 o 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 0'" __.l 24 25 i '.. ~ ,~ ::..~"- 1 2 Q. 3 4 A. 5 Q. 6 7 A. 8 9 Q. A. Q. A. Q. Exam./Russb " Backenstoes 8 then the buyout was fair market value. So, earlier today we calculated that amount. Does $30,600 plus fair market value seem accurate? Yeah. At what the point did you begin to ask Mid-State to remove the item? Actually I had conversations with Bruce on the phone and it would be within the month or two that that equipment was loaded there and when grandpa's equipment ~- when the equipment grandpa bought and sent down, I had asked them about taking it back. And I had told them if I could get a loan prior to grandpa's lease equipment coming down that I would pay this off. But being that I haven't been in business two years, every place I went shot me down. Even the last place I had tried prior to coming here I got shot down because the business hasn't been up and running for two years. And when you say Bruce, are you speaking of Bruce Casher? I believe that's his last name. I only ever knew him as Bruce. This is the president of Mid~State Products? I believe so. What would you have done had you received an FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-860-233-9327 >''''''''''"''~~- o -,' '-Jr " ,~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 .......' .' 1--, - ~~~_ '_"fl ""'~"--~--..j, 1 2 A. 3 4 5 6 Q. 7 8 9 A. Q. A. Q. A. Q. A. Q. A. Q. 24 25 A. Exam./Russo - Backenstoes 9 invoice with the tire machine? If I had received an invoice that needed paid for that amount, I wouldn't have left the man drop it off because I didn't have that kind of capital in the checking account at the time. There's some indication in the salesman's testimony which indicated a price was told to you that day, and that day being sometime in the spring of 2000. Do you recall that? Honestly I don't remember it. The tire changer is located where today? In a small bay inside Worley's garage -- Worley's building. To the best of your knowledge, is it still in operational condition? Yeah. It's dusty. It's got some dirt. Is it damaged in any way? Damages, no. It's got some scratches from use for a month or two. Does that machine have any type of use gauge like an hours clock or an item clock? No. I'm going to show you what we marked as Number 1. Can you identify what that is? That's the letter I had written and sent to FILIUS & McLUCAS REPORTING SERVICE. me. Hamsburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 " 10 11 12 ~"",,"', V 13 14 15 16 17 18 19 20 21 22 23 o 24 25 _i ....;,;"" --~;f_ 1 2 3 4 Q. 5 6 7 A. 8 9 Q. A. Q. A. Q. A. Q. Exam./RuBSd - Backenstoes 10 Mid-State Products and had courtesy copied who at that time was the attorney that was supposed to be handling the case for me. And by the time you wrote that letter, this lawsuit had been commenced, correct, or is that your belief? At the time I wrote this letter, I hadn't received any certified letters from Mid-State. I had received letters that they wanted me to pay the bill for the tire machine and the stocks. So, am I correct that collection efforts had begun by the time you wrote that, but you had not seen the actual formal lawsuit that Mr. Moore filed? No. I had gotten letters from Bruce or whoever does their collectibles at Mid-State. And I'm going to show you what we marked as 3. Can you identify what that is? That's a letter that I received back from Ed in response to my letter of asking them to remove their stocking items that are in the shop and the tire machine and the balancer. What's the date on that letter? September 1st, 2000. Now, you had an opportunity to see Number 2, which was the refund authorizations. Correct? FIUUS & McLUCAS REPORTING SERVICE, INC, Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233..9327 o 10 11 12 o 13 " . l!'i!liIf<itrOC' "~} Q. A. Q. 25 A. 1 A. Exam./Russo - Backenstoes 11 As I was told, yes. These were filled out to 2 3 Q. return any items. Did Ed make any reference regarding his discretion to reject them for an exchange on new items? No. The only correspondence I had at that time 4 5 A. was the letter from Ed. Did he place any restrictions on what would be accepted? No. Did it not have to be in sellable condition? Yeah. (Deposition Exhibit #4 marked for identification) 14 BY MR. RUSSO: 15 16 17 18 19 20 21 22 23 o 24 6 7 Q. 8 9 A. Q. A. I'm going to show you what we are marking as 4. Can you identify what that is? Yeah, that's a letter that Ed -- excuse me, not Ed -- Ray brought down to me from Mid-State and I had read it at the time he brought it to me. And I told him that this was probably sent by my grandfather because I sign everything John B. Backenstoes II and have most of my life. So, he sent this letter on your behalf. Is that accurate? Right. FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 FA 1-800-233-9327 o l~. . ""'~ - ~ -, ~ ".. ~~,,~ 4 Q. 1 Exam./Russo - Backenstoes 12 (Deposition Exhibit #5 marked for 2 identification) 3 BY MR. RUSSO: 10 11 12 ^ ~l 13 14 15 16 17 18 19 20 21 22 23 o 24 25 5 6 A. 7 8 9 Q. A. Q. A. Q. A. Q. And in turn I'll show you what is 5. Is this the response to that letter that was received? Actually reading this letter I don't think it's in response to that because this letter was sent before I sent my letter in asking them to remove their items. Okay. At the time that you requested the tire changer be removed, did you offer to pay any expenses with regard to the tire changer? I had offered to try to get a loan to pay for it. Like I said before, I had gotten shot down because I hadn't been in business for two years. Most of them wouldn't even take the application. Did you offer to pay any of the expenses that Mid-State may have had at that time with regard to the tire changer? No, but I realized there would be a restocking fee and handling fee on anything you take back. That's just normal practice. And were you willing to pay that? Yes. Were you in any immediate -- well, let me strike FILIUS & McLUCAS REPORTING SERVICE, me. Harrisburg 717-236~0623 York 717-845-6418 PA 1-800-233-9327 ~...."" -~~ ., 40 Co' '"~ ~ , c'-., ,,~ ~,l.'~~~~__ 1 2 3 4 A. 5 6 7 8 Q. 9 10 11 A. 12 Q. 13 A. 14 15 16 17 18 19 20 21 Q. 22 A. 23 24 25 Exam./Russo ~ Backenstoes 13 that and say there's an allegation that you were in immediate need for a new tire changer. Can you tell me whether that's accurate? No. The immediate need wasn't stated. I just needed information on what it would cost to lease the tire machine since I knew I didn't have the capital to outright purchase it. At any time did you sign any lease or contract or any written document committing you to the purchase of this tire changer? No. Can I ask you why you filled out Number 2? Number 2 was filled out and sent with the letter requesting them to remove their items so that they would have a list of what I had and this is what I had filled out for Ray if I had something I wasn't using to send back. So, it was under my assumption that since it was a return authorization form, I filled it out and sent it in for them so they knew what I had in inventory. And what was your expectation? My expectation, especially after I got the letter, was that somebody was going to come down and make a determination whether the stuff was resellable or not. HUUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236.0623 York 717-845-6418 PA 1-800-233-9327 :ili!:EW"~ A",',. V 10 11 12 0.,..,','. " 13 14 15 16 17 18 19 20 21 22 23 o 24 25 ilolIiiiiII -~ i'-~W;,1-, 1 Q. 2 A. 3 4 Q. 5 A. 6 Q. 7 8 A. 9 Q. A. Q. A. Q. Exam./Russo - Backenstoes 14 And if determined that it was resellable? They would take it back and I would have to pay a restocking fee, a percentage and a handling fee. Had anybody ever come to look at the equipment? No. What happened to plaintiff's lawsuit that he filed? This one? ( Indicating) Well, Phil Zulli, as I had said, was an attorney that was handling my case. I had handed this copy over to Mr. Worley who said he would deliver it to Phil because they go to some club in Harrisburg every Wednesday. I was under the assumption Phil had it up until when the Sheriff's Department come down to inventory my shop supply and equipment. And why were you under the belief that Mr. Zulli was going to be handling this? Because Mr. Zulli and I had discussed it through Mr. Worley introducing me to Phil and Phil said to get the information to him and I handed it to Mr. Worley who saw him on a weekly basis. Did you enjoy any type of attorney/client relationship ,with Mr. Zulli prior to this? Yes. He was handling a case for me with PennDOT. And what kind of case was that? FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 """"",""""",,.~.< o o o -~~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - ~ -, ". ~' " """""tili;lms%\W'I . ."- 1 A. 2 3 Q. 4 5 A. 6 Q. 7 A. 8 9 Q. A. Exam./RussO - Backenstoes 15 That was a litigation over supposed fraudulent inspection of a vehicle. What did you do once the sheriff came to your house? Well, the sheriff came to the garage. To the garage. First reaction was horror, then anger set in. Then I talked to the sheriff. He told me that you have time to get it paid off. I approached my wife over the phone as to pulling my retirement out and trying to get a loan to get this done before due date of the sheriff sale, at which point one of my clients, customers, a lady that I work on her car, had advised me not to take my retirement or to take a loan to pay this and recommended I come talk to you. And how much time do you recall expired between the time the sheriff came to your home and the time you came to see me? Three weeks maybe. MR. RUSSO: I have nothing else for him, Chad. MR. MOORE: Okay. MR. RUSSO: Mr. Moore may have some questions for you. FILfUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233~9327 _.....""'_r-'~~, _~ o o o U~~.. ~~"~ _."",..~";,,MSi!!riW\i- 3 Q. 1 Exam.jMoore - Backenstoes 16 EXAMINATION 2 BY MR. MOORE: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 5 6 A. 7 8 9 Q. A. Regarding the lease for the equipment, how many leases did you -- do you know if there was more than one lease that was applied for? Ray had told me -- when I had asked Ray about when the lease was coming, he had said the one lease company wouldn't work with us, they were trying another one. And at that point I had asked Ray, well, how long is this going to go, are they going to forget me or am I going to get hit here all at one shot that somebody is going to want seven grand? And Ray reassured me and which did happen, the lease did show up in the mail. I can't tell you what the company name was. I guess I'm not too good at this. I threw the lease away once we decided we couldn't afford the lease. Did you have any knowledge of why the terms of the lease were as you recall them? As I recall them as to how high they were, I would assume that the big down payment and I don't know -- I don't know if Ray had told me or not, I would assume that the 1,800 down payment was because I was a fairly new business. The amount of the payment per month I don't know why that was FIUUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ~ ...."~ ~~" 40'" '" '," " o to 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 >' , .'~ ~~g~J, ~_...... 1 2 3 4 5 6 Q. 7 A. 8 9 Q. Exam.jMoore - Backenstoes 17 set at 400 or 400 and some odd dollars for the first four years and then half the second lease. That I don't know why that was set at that way, if that's what you are asking me. I don't know why the lease was set the way it was. Why did you reject the lease? I took the lease home. The lady, Donna Parks, who loaned me the money to start the business read the lease. She's the one that pointed out to me that I would have to sign the lease for a term of eight years and what the prices would be and there was a fair market buyout. She said it wasn't worth it because she has rental property, she deals with leases. So, at her begrudging I didn't sign the lease and I did pursue avenues to try to borrow the money to pay for it. But as I said, and you can check with any of the banks I deal with, including M&T, they won't even take an application for the most part until I'm in business two years, which surprised me. I thought it was a small business loan. I didn't realize you had to be in business two years. So, as you recall, the reason you ended up rejecting the lease was the fair market buyout? FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ;~, o 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 .0 24 25 ~~ , ....~,~I:- 1 A. 2 3 4 5 6 7 8 9 Q. A. Q. A. Q. A. Q. A. Exam./Moore - Backenstoes 18 No. Mrs. Parks didn't like the idea of having to sign a lease for four years at 400 and some odd dollars, then have to sign the lease again for another four years at half the amount, and then at the end of that second four-year term it was fair market value. She did some calculating and said there's no tire machine and balancer out there worth that kind of capital. And when she knew I needed the $1,800 down she even flatly refused to give me the $1,800 down to start the lease. And what's her name? Donna J. Parks, P-a-r-k-s. What's her relationship to you? Neighbor. I've known her for six years. My kids call her Aunt Donna. And she is the backer in the company. She's the D in J & D. How did you determine which tire changer and balancer you wanted? From Mid-State? Right. I might have looked at some brochures through Ray. I honestly don't remember if he did or didn't bring them down. But I do recall that I had asked Ray to look into leasing a tire machine and balancer for me. FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 'j-~.. o 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 o 24 25 ., ". '~ ~>. ,","..,;j~;j,c 1 Q. 2 3 4 A. 5 6 7 8 9 Q. A. Exam./Moore - Backenstoes 19 How many places did you try to get a loan to pay for the equipment before your grandfather obtained the equipment? Well, first it was Donna Parks. I have a program for the business called Quick Books. I went through the Internet with that which rejected me because I had not been in business two years. Give me a minute. Yeah, it used to be Norwest, it's now Wells Fargo, which holds the mortgage on my house. And I had started to attempt with M&T when the bank manager told me you haven't been in business two years, don't even bother filling out a credit app. And when the mortgage company for your house turns you down because you haven't been in business two years and don't even want to think about collateral on a house, my only other option was my retirement. And the last one was Rick Wagner who works for Nationwide Insurance and he's some sort of broker, and that one just got shot down. Did you actually submit an application to any of those places? The one through Quick Books, yes; Rick Wagner, yes; via telephone with Wells Fargo, yes; M&T, it FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 '" -- o o o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "" , _L ."- - -::m,~,~~"j>1 I II !i "'-"- 1 2 3 4 5 6 7 Q. 8 9 A. Q. A. Q. Exam./Moore - Backenstoes 20 was just a conversation with the manager at my branch and she advised me not to even waste my time coming down to fill out a credit app because I haven't been in business two years, I won't get a small business loan. So, I never filled one out at M&T. The equipment that your grandfather obtained, how did that -- did you ask him to do that? I was named after my grandfather. He went out and did this. My grandpa's words -- and I can't get grandpa to back it up because he's dead now I'm his name sake, I've never asked grandpa for a dime. This was his gift to me because I've tried to do things on my own. And had he arranged for a lease or did he purchase the equipment? No. He arranged and was paying a lease. Grandpa didn't have that kind of money to even layout $7,600 for the three items he had sent down. When grandpa passed away, I had approached Young's Equipment and told them I would take over the lease if things would go through and that's what we did. And you currently have that and are paying the lease? FILIUS & McLUCAS REPORTING SERVICE, me. Harrisburg 717~236-0623 York 717-845-6418 PA 1~800~233-9327 ~~ o o o ~k" 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - ," ~" h ~~'O 'M~~'k;; 1 A. 2 3 4 5 Q. 6 A. 7 8 9 Q. A. Q. A. Q. A. Q. A. Q. A. Q. Exam./Moore - Backenstoes 21 I went through PA State Bank at that time for a lease with Mr. Young's help to redo a lease in my name as opposed to grandpa's on account of social security numbers and taxes. What are the terms of that lease? Well, I got two of them there. One is three years and then I have a lease for a car lift for two years. I should have kept my briefcase here. I have my payment books in there. But it's a three-year lease for the-- Yeah, and the buyout is $1 at the end of the lease. What's the monthly payment? For the first three items the monthly payment paid on time is $298.06. For the first three items? The tire changer, the tire balancer and the AC recovery unit. Do you know what the terms were of the lease with your grandfather? I didn't even go into it. And you said for the tire changer and balancer the price was approximately $7,600? For all three. Oh, including the recovery unit? FIUUS & McLUCAS REPORTING SERVICE, me. Harrisbu1'g 717-236-0623 Y01'k 717-845-6418 PA 1-800-233-9327 ""'"....,~~-.~I ~ v ^,' ~' o " 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 - ...;1., -. ,', l!lIi-' ~~ lJ~ t",,~ - ...tiiiii~'L- 1 A. 2 3 4 5 6 Q. 7 8 9 A. Q. A. Exam./Moore - Backenstoes 22 Right. I can get the actual figures and fax them to you. My accountant, she works for bookkeeping, my wife and she can pull all of that information up and fax it to both of you if you want to see it. Was this lease you have now based on whatever they determined the residual value to be of the equipment? It was used so-- I would assume so. I approached Jeff Young because he was going to take it back since grandpa had passed away and I approached him to see if maybe we could just get a lease that I could just buy it and be done with it. So, I would assume it was at a reduced value. I honestly don't know. Jeff did the paperwork, came back to me with the lease, said I needed 300 and some odd dollars down and it would be approved via PA State Bank leasing. I gave them a check and then I got my books in the mail. Do you know if your grandfather obtained more favorable lease terms based on you said he had a relationship with Mr. Young? Yeah, he knew Mr. Young's dad. I don't know. I never saw any of the payments. Grandpa made the payments up until I approached Jeff to try to FIUUS & McLUCAS REPORTING SERVICE, me. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 j >"'~""'" " ..... v 10 11 12 ^,'", V 13 14 15 16 17 18 19 20 21 22 23 o 24 25 - "'~. ~,.;;, 1 2 Q. 3 4 A. 5 6 7 8 9 Q. A. Q. A. Exam./Moore - Backenstoes 23 lease it myself. And the equipment yo~ have, would you consider it to be comparable to the Mid-State equipment? Yeah, yeah. Personal opinion, a tire machine is a tire machine. Some have fancier doodads and whistles and bells than others. But, yeah, they are pretty comparable. They will do the same size tires. The only difference in spin balancers, the one that grandpa got has an adapter to do the bigger tires on like a tow truck. And then regarding the situation with Mr. Zulli, did you ever actually speak to him about this lawsuit? I had spoke to him by a phone and he had said get the information over to me, at which time I had gone out to Mr. Worley's office, sit and talk a little bit with him since I rent the garage off of him and told him Phil wanted these papers. And Mr. Worley said, here, give them to me. I'm going to the club tonight, I'll see that he gets them. Did he get the papers? No. After the Sheriff's Department was down the first time I went in to talk to Steve. I said, your boy Mr. Zulli kind of left me down here. I said the Sheriff's Department was here. And Steve FILms & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ,-~~. ., o A V "~" 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~- ~~~ <<= --'-' -~ '~""-"-JifilWH~ 1 2 3 Q. 4 A. 5 6 Q. 7 8 A. 9 Q. A. Q. A. Exam.jMoore - Backenstoes 24 opened up his briefcase and says, oh, here, I forgot to deliver them. Who's Steve? This guy I rent the garage from, Steve Worley, W-o-r-l-e-y, Worley Motors in Enola. And you never asked Mr. Worley if he had given the papers to Mr. Zulli? No, I never did. Bad mistake on my-- You never heard from Mr. Zulli again regarding that? No. I had a phone call that his car broke down. I ran out and fixed his car and he had left the key in the car. It broke down on 81 and I got it running for him and left the key there and called his secretary to tell him his car was running. I had just assumed since Mr. Zulli said he would file papers to do whatever that it was being taken care of. Here, again, I am not in these aspects. I don't deal with attorneys that much. Do you recall receiving a letter giving you -- or advising you that you had ten days to respond to the complaint or a default judgment would be entered? That I forwarded well, that I forwarded to Mr. Worley, here, again, to forward it to Mr. Zulli FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ,~ ~.~~ 0,',' ',- : ~,.' "..;' o ~ v 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " '1{~lil_iIYf.' 1 2 Q. 3 A. 4 5 6 7 8 9 Q. A. Q. A. Q. A. Q. A. Q. A. Exam.jMoore - Backenstoes 25 because he sees Mr. Zulli. And what happened to that letter? Honestly I don't know. I don't think I gave it to Phil -- or Peter, excuse me. I don't think you got a copy of that letter. I gave you everything that Mr. Worley returned to me. I remember the letter because I did open it and I gave it to Mr. Zulli. And upon receipt of the letter, your only action was to give it to Mr. Worley? And asked him if he would give it to Phil. How long after you were served with the complaint did you give it to Mr. Worley? The one for the ten days or this complaint? The original complaint. That complaint there, as soon as I got it. Because like I said, I went in to talk to Mr. Worley and told him I needed to get this to Phil and he said he would take it over because he was going to see him at the club. So, it was the same day? Correct. What about the letter? The day it came I handed that to Steve too. I'm going to have to look through Steve's desk or get FILIUS & McLUCAS REPORTING SERVICE, me. Harrisburg 717-236-0623 York 717-845-6418 PA 1.800-233-9327 ,,'~_. - ~. ' " ""~-.ai,,(,,'i ~~ o 1 2 Q. 3 A. 4 5 6 7 8 9 10 Q. 11 12 13 A. 14 15 Q. 16 17 18 A. 19 Q. 20 21 A. 22 23 24 25 o "" " Exam./Moore - Backenstoes 26 him to. Did you read the letter? Yeah. I read the one for the ten days, yes, I read that and had asked Steve if he was going to see Phil because of the hours I work. And he had said, yeah, and he said he would deliver that. Well, that one didn't get delivered either. And at that time I had assumed this was already with Mr. Zulli, the original complaint. But at no time did you actually discuss this case with Mr. Zulli other than the initial conversation? No. The initial conversation that he would take care of it, see that he got the stuff, no. At the time you received the ten day letter, you were still operating under the assumption that it was being taken care of? Correct, which surprised me that I got the letter. But you didn't call Mr. Zulli? Well, I guess my question is why didn't you call him at that point? Call him, probably because when I called I got the answering service and went in and talked to Steve. I called Phil so many times that I got the answering service. Then when I got stuff, I'd just take it into Steve and say can you give this FIUUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236~0623 York n7-845-6418 PA 1-800-233-9327 ,~_lIifa"'-- ~ 0-' H ~~.. . o 0," " , ".~ ~ o - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 J~ ." ~--W~'~.4 1 2 Q. 3 A. 4 5 6 7 8 9 Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Exam./Moore - Backenstoes 27 to Phil. So, you did call him when you received the letter? To the best of my memory I had called upon receiving that. I may not have because when I called concerning PennDOT, I got his answering machine more than I got him or his secretary. And it got habit to just hand stuff to Mr. Worley and ask him to deliver it for me. Does Mr. Worley deliver your documents regarding the PennDOT suit? Yes, he did. Have you ever experienced a problem with him forgetting to give Mr. Zulli a document? No. The documents for PennDOT got there. And the PennDOT suit was an ongoing matter at the time you received the complaint? Correct. Did you have Mr. Worley deliver -- I'm assuming you also received a complaint regarding you said it was a disputed inspection? Correct. You received the complaint regarding that? (Witness nodded affirmatively.) How was that conveyed to Mr. Zulli? Mr. Worley delivered it to him for me. After I FILIUS & McLUCAS REPORTING SERVICE. INC, Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 o 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 o 24 25 " ~'--. - .;...,...:.,,w.,~;",,,,, -~,~.~~ !lM!;;ll~",,*; 1 2 3 4 5 Q. 6 7 8 9 A. Q. A. Q. A. Exam./Moore - Backenstoes 28 made a phone call, left a message that I had gotten documentations from PennDOT, took it in and asked Steve if he could deliver it for me and Mr. Worley said yes he would. Did you have conversations, without going into what you discussed, just that you had conversations regarding the PennDOT suit after he received the complaint? At the hearing at PennDOT, yes. When I went to the hearing at PennDOT, when I got to the PennDOT building Mr. Zulli was there. We met about 45 minutes prior to the hearing and we discussed what we were going to do and what he expected to come out of the hearing. But no discussion prior to that? No. voice mail on my machine to tell me that this is the date and be there at PennDOT. That was most of our communication was by voice mail, which I have with Peter periodically. How many documents do you think Mr. Worley delivered to Mr. Zulli regarding the PennDOT suit? Bare minimum, three. I got the complaint from the customer, I got the complaint from PennDOT, and I had to write up a response via phone message from Phil to the complaint from the customer. Then FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 o 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 ~,',' V' 24 25 ~ ~" - " ~ """"~~, = ~ lir11",~-",: 1 2 3 4 5 Q. 6 7 8 A. 9 Exam./Moore - Backenstoes 29 Phil had all three of those when we got to PennDOT. And the one at PennDOT was March, I don't know, I don't remember the exact date, but the hearing at PennDOT was in March. Why do you think both the complaint and the ten-day notice in this case were not delivered to Mr. Zulli? Honestly, I don't know. I don't know if he forgot the briefcase. I don't know if Phil didn't show up at the clubs. I got a rental relationship with Mr. Worley, you know, I rent the garage. He apologized when he handed me the papers and I let it at that. I'm not a vindictive person. I'm not tickled with Mr. Worley that it didn't get delivered, but I'm not going to walk up to Mr. Worley and pop him in the nose or hold a grudge. Things happen. It didn't get delivered. Whether it was his fault or Zulli didn't show up at their dinners or whatever they went to, I don't know. I haven't approached Mr. Worley on it. I know he felt bad about it just by when he handed them to me and said I'm sorry, it didn't get delivered. I left it at that because I was upset at the time. And when I'm angry, I try not to FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800~233-9327 ~~.""- o o .0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 , " , ! " '_J:!II!iMii~iM-~ ~ ~" 1 2 3 Q. 4 5 6 A. 7 Q. 8 9 A. A. Exam./Moore ~ Backenstoes 30 talk to people. I try to distance myself and get my thoughts together and be levelheaded. Did Mr. Worley make any comment about the complaint at the time you gave him the ten-day notice? No. In fact, I'm sure he didn't. If the confusion was simply that Mr. Worley wasn't conveying documents to Mr. Zulli, why did you change attorneys? When you get voice mail constantly and I had not -- I don't know if Phil is just that busy or what. I'm not a real expensive client. I don't have that kind of money. Whether he's just that busy or Phil opted that he didn't want to handle the situation, I don't know. Like I said, I had conversations with you on the phone. I was going to try to pull retirement out. I was trying to get loans to pay the whole kit and caboodle off and be done with it. A client of mine, one of my customers recommended I come and see Peter and not pull my retirement out. So, on the advice of a lady who works in the legal system, I came to see Mr. Zulli. MR. RUSSO: Russo. Russo. FILIUS & McLUCAS REPORTING SERVICE. me. Harrisburg 717-236-0623 York 717-845-6418 PA 1~800-233-9327 ~""~ ~.=, = o 10 11 12 ft",.,', "" \.J 13 14 15 16 17 18 19 20 21 22 23 ,... V 24 25 ... "-~"~-.~~,;,;~-'ii!i 1 Exam./Moore - Backenstoes 31 BY MR. MOORE: 2 Q. 3 4 A. 5 6 7 8 9 Q. A. So, when we discussed after the sheriff had been to your business-- I had called you to see if we could work something out. I was in the process I strike that. wasn't in the process. I was basically telling my wife if she didn't back me up on pulling my retirement out she could hit the road. I took a few steps back and thought, no, I'm not throwing the marriage out the window for 13 years to make her go along with me pulling out my retirement when she was dead set against it. So, was her boss and so was my backer. I backed up and took the advice of the lady and called Peter and set an appointment up with Peter. But at the time I talked to you, I was ~~ I was fighting to get my retirement out. And my wife will convey the message because she was at work when I called and told her you are with me or you are not, and if you are not with me, hit the road, basically get a divorce. Did you call Mr. Zulli when the Sheriff's Department arrived? I left the voice mail. That's all I get. Even now I have tried to get a hold of Mr. Zulli and FIUUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 FA 1-800-233-9327 --..~ o 0,.',,',' , ' o , ~ 10 11 12 13 14 15 16 17 ,-~ , i -~ '~'i;l(.~". Q. A. Q. A. Re-exam./RussO - Backenstoes 32 all I get is voice mail. I got his house number. 1 2 3 4 5 Q. I get voice mail. I don't know if I'm being 6 7 A. ignored. I don't know if he dropped over dead. I 8 9 Q. A. honestly don't know. Did you have any discussion with Mr. Worley subsequent to having a sheriff's levy made? After Mr. Worley handed me the stuff that hadn't been delivered, no, I haven't -- I have not drug Mr. Worley back into it. Not that I don't think Mr. Worley would do anything to help me or hurt me, I just figured this is my problem. Things didn't get delivered the first time so I will handle things myself this time. Learned a lesson. Was it that day that you discovered that nothing had been delivered? Yes. MR. MOORE: That's all I have. 18 RE-EXAMINATION 19 BY MR. RUSSO: 20 21 22 23 24 25 Just one question. The item you got from Young's Equipment had an AC recovery unit. Is that correct? Yes. That wasn't on the Mid-State item? No. HUUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 Y.i ,~~ o 10 11 12 o 13 14 15 16 17 18 19 20 21 23 o '.,L_ .'.' ""~~- . .~~~"':- Re-exam./Russo - Backenstoes 33 1 MR. RUSSO: That's it. 2 (The deposition concluded at 10:36 a.m.) 3 4 5 6 7 8 9 22 24 25 FILIUS & McLUCAS REPORTING SERVICE, me. Harrisburg 717-236M0623 York 717-B45M6418 PA I-BOOM233M9327 ~~"." - ,-- "" -..;: '" -~~k! 34 c COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND I, Ann M. Wetmore, Reporter and Notary Public in and for the Commonwealth of Pennsylvania and County of Cumberland, do hereby certify that the foregoing deposition was taken before me at the time and place hereinbefore set forth, and that it is the testimony of: JOHN BACKENSTOES II 0',' , " I further certify that said witness was by me duly sworn to testify the whole and complete truth in said cause; that the testimony then given was reported by me stenographically, and subsequently transcribed under my direction and supervision; and that the foregoing is a full, true and correct transcript of my original shorthand notes. I further certify that I am not counsel for or related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not interested in the subject matter or outcome thereof. Dated at East Pennsboro Township, Pennsylvania, this 14th day of August, 2pD~. NoIaOOJ "o~ AM'" V\l8Imore, I40lary PUbYC ~ f'\"..-bun" ~ ~County Q'l11nJ 1.)Ji~ D8c.-ii:2002 . ~,~ c___ Ann M. Wetmore Reporter - No~ary Public ~"',',, V (The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter.) HUUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ,=~ =-~ ,~ ~ .' ~ " c o o k "". , . ' , ,"- -.:iI~~_\' To whom It may concern I am wrItIog to you concel'lllDg ODe Aceu- Tum tire _Ine and ODe tire balancer. I asked your Salesman to look Into leasing tile above lIl8IdIoued Item.. They told me that 1be tint lease company would DOt work w11b me becaase of time In baslness. I m:eIved a caD 1bat 1bey found a lease company that would work wI1b WI. So tile equipment was clelivered Wore tile lease arrived. Upoa recelvlng tile lease 1bere was DO buy out. Just that tile Lease C_pany wan1ed me to sign ano1ber lease for another 481D011tbs. TIMn I was faxed a buy ,oat of fair market value. Now In lbIs lease It stated that ao equlpmentwoald be sent 1IIItiI I tIDed In tile lease and sent It to tile Lease Company wI1b eigldeea hundred dollars. I Informed your salesman that I could aot get a loan from my bank or my backer. Also that my grandfa1ber bad bougbtequlpmeatfrem Y OUIII'S Equlpmeatand bad It delivered to my company. Your salesman asked me to send that equipment back and 1ake that IIIOII8Y to purebaae your equipment. Thls I feel Is DOt proper for your sai_ I bave eIQoyed doing baslness wItb your company but at lbIs time I feel I mast pay my bill and refraln from any further bWllness. Please remove tile above 1Il8IdI0ned Items from 1bls establishment or I wID bave them sblpped back to your warehouse. Thank You John B. Bac:kenstoes i F I : ..., ; DEPOSITION ~ f1~H/BIT ! 'If -T^' . ... A(A) l.\ '_'.__....~~k",= _ ~_ 0',',',"', ' ' o ~" ~ I~.~ I ~~.'~ d ~tate l\LuNOFFICE: 1720 Bobali Dr. MI' .... (717~;~~::'~;~;2~~476 .... Fa. (717)939.9324 580 Broad St. Chamhersburg, P A 17201 (717)264-3347 (800)237-7972 Fa. (717)264-2429 4913 Jonestown Rd. Harrisburg, PA 17109 (717)651-9501 Fax (717)651-9504 180 Silverspring Rd. Mechanlesburg, P A 17055 (717)790-0240 Fa. (717)790-0239 John B. Backenstoes II J & D Automotive 95 Enola Road Enola, Pa. 17025 October 5, 2000 John: This letter is to notify you that since you did not respond to our notice sent to you on August 25,2000 requesting payment in full, your account is being placed with our attorney for collection. As you are well aware, all attorney fee and collection costs are your responsibility. We regret having to take this action, however all attempts to recover the money due our company has been exhausted. Sincerely Yours: 2L~~ Ed Pavlovic Credit Manager ; ,Cj ! ~ DEPOSITION ~ EXHIBIT i !,~~-dI /10.1 (" -~'_tWIIIJJIIIUlllIilIlIiIilili1i~_1III -~"",=- . 1~1d~1~'~MIl<>A~~,,1 Mid-State Products Corp. v. John Backenstoes n dJb/a]&D Auto Services John Backenstoes, II August 9, 2001 # accountant 7:14; 22:2 back 8:11: 10:18: 12:21; C condition 9:15; 11:10 accurate 8:3; 11 :24: 13:3 13:17; 14:2; 20:11; 22:10, confusion 30:7 0 action 25:9 15: 31:7, 9; 32:9 consent 5:11 #411:12 actual 1 0: 13: 22: 1 backed 31:14 caboodle 30:19 consider 23:2 #5 12:1 Actually 4:22; 8:7; 12:6; BACKENSTOES 3:8, 13; calculated 8:2 constantly 30:10 19:22: 23:12; 26:10 11:22 $ calculating 18:6 contract 13:8 adapter 23:9 backer7:2,14,15; 18:15; call 18:15; 24:11; 26:19, conversation 4:2, 22; additional6:1O,18 31:13 20,21: 27:2; 28:1; 31:22 20:1: 26:12,13 $1 21:11 address 3:12 Bad 24:8; 29:22 called 3:8: 19:5; 24:14; conversations 8:7; 28:5, $1,8007:22; 18:9,10 advice 30:22: 31:14 balancer 6:2, 20: 10:21; 26:21,23: 27:3, 5: 31:4, 7:30:16 $298.0621:15 advised 7:17: 15:14; 20:2 18:7,18,25; 21:17, 22 15,19 convey 31:18 $30,6008:3 advising 24:21 balancers 4:6; 23:8 came 3:25; 4:24; 5:1; conveyed 27:24 $4007:21 affirmatively 27:23 bank 19:11; 21:1: 22:17 15:3,5,18,19: 22:15: conveying 30:8 $7,0004:9 afford 16:17 banks 17:18 25:24; 30:23 copied 10: 1 can 6:7:7:6;9:24: 10:17: $7,6006:21; 20:19; 21:23 again 7:11, 24: 18:3; Bare 28:22 11:16; 13:2,12; 17:17; copy 14:10: 25:5 24:9, 18, 25 based 22:6, 21 22:1,3: 26:25 correspondence 11:5 1 against 31:12 Basically 3:23; 31:6, 21 capital 4:8; 9:4: 13:7; cost 13:5 ago 6:16 basis 14:21 18:8 costs 5:23 agree 5:12 bay 9:12 car 15:14; 21:7: 24:11,12, couch 5:19 19:23 agreeing 4:17 begin 8:5 13,15 counsel 3:3 1,800 16:23 allegation 13:1 begrudging 17:15 care 24:18; 26:14,17 courtesy 10:1 10:3633:2 along 31:11 begun 10:11 case 10:3: 14:10, 24, 25; credit 19:13: 20:3 12843:13 aluminum 4:4 behalf 11:23 26:10: 29:6 curious 5:1 1331:10 amount 8:2; 9:3; 16:24; belief 10:6; 14:16 Casher 8:20 currently 20:24 134A 6:21 18:4 bells 23:6 caused 6:23, 24 customer 28:23, 25 170073:14 anger 15:7 best4:1;9:14: 27:3 cents 7:22 customers 15:13; 30:20 1 st10:23 angry 29:25 beller 7:7 certification 3:4 apologized 29:12 big 5:13,20,22: 16:21 certified 10:8 D 2 app 19:13; 20:3 bigger 23:10 Chad 15:22 0 application 4:15,16: change 30:9 D 3:25; 18:16,16 , " bill 10:10 210:24; 13:12,13 12:16; 17:19: 19:22 bit 23:17 changer 3:24, 25: 4:3,18; dad 22:23 20009:9; 10:23 applied 16:5 Boiling 3:13,14 6:2; 9:11: 12:11,12,19: damaged 9:17 2020 4:3 appointment 31:15 13:2,10; 18:17: 21:17, 22 Damages 9:18 bookkeeping 22:2 changers 4:6 approached 15:9; 20:20; Books 19:5,24; 21:9: check 17:18: 22:18 date 10:22; 15:12:28:17: 3 22:9, U, 25; 29:21 29:3 approved 22: 17 22:19 checkbook 5:24 day 9:8, 8: 25:21, 24: approximately 21:23 borrow 17:16 checking 9:5 26:15: 32:14 310:16 arranged 20: 15, 17 boss 31:13 checks 6: 15 days 5:4; 24:21: 25:14; 30022:16 arrived 31:23 both 22:4; 29:5 client 30:12, 20 26:3 aspects 24:18 bother 19: 12 clients 15:13 dead 20:11; 31:12; 32:3 4 assume 16:21, 23; 22:9, bought 8:10 clock 9:21, 21 deal 17:18; 24:19 13 boy 23:24 club 14:12; 23:20: 25:20 deals 17:13 411:15 assumed 24:16: 26:8 branch 20:2 clubs 29:10 decided 16:17 40017:1,1; 18:2 assuming'27:18 briefcase 21:8: 24:1: Coats 4:3 default 24:22 4528:11 assumption 13:18: 29:9 collateral 19:17 define 5:22 14:13; 26:16 bring 18:23 collectibles 10:15 deliver 14:11; 24:2: 26:6; 5 allempt19:10 bringing 4:13 collection 10:11 27:8,9,18; 28:3 attorney 10:2: 14:9 brochures 18:21 coming 4:25; 8:13, 17; delivered 4:24; 5:25; 6:2: attorney/client14:22 broke 24:11, 13 16:7; 20:3 26:7: 27:25: 28:21: 29:6, 512:4 allorneys 24: 19; 30:9 broker 19:20 commenced 10:5 15,18,24; 32:8,12,15 , delivery 6:4 8 Aunt 18:15 brought 5:18: 11:18,19 comment 30:3 authorization 13:19 Bruce 8:7,19,19, 22; committing 13:9 Department 14:14: authorizations 10:25 10:14 communication 28:18 23:22,25: 31:23 81 24:13 Automotive 3:25 building 9:13: 28:11 company 5:24: 16:8,15: deposit 7:22 avenues 17:16 business 4:8; 5:14; 8:15, 18:16: 19:14 deposition 3:15: 11:12: 12:1; 33:2 \~ A away 6:16; 16:16; 20:20; 17; 12:15: 16:24; 17:8,20, comparable 23:3, 7 desk 25:25 22:11 21,22; 19:5,7, 12, 16; complaint 24:22; 25:12, ~-' 20:4,5; 31:3 14,15,16; 26:9: 27:16,19, destroying 4:5 a.m 33:2 B busy 30:11,14 22; 28:8, 22, 23, 25; 29: 5; determination 13:24 AC 6:21; 21:17; 32:21 buy 4:9: 22:13 30:4 determine 18:17 accepted 11:8 buyout 7:17: 8:1; 17:12, concerning 27:5 determined 14:1; 22:7 account 9:5; 21:3 B 3:13; 11:21 25: 21:11 concluded 33:2 difference 23:8 Filius & McLucas Reporting Service, Inc. 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August 9, 2001 John Backenstoes n d1b/aJ&D Auto Services dime 20: 13 exactly 5:4 gauge 9:20 I lawsuit 10:5, 13: 14:6; dinners 29:19 EXAMINATION 3:10; gave 3:15; 22:18; 25:3, 5, 23:13 dir19:16 16:1 7:30:4 lay 20:18 !"'~ discovered 32:14 except 3:5 gentleman 6: 12 idea 18:1 learn 7:9 \..,J discretion 11:3 exchange 11:4 gets 23:20 identification 11:13: Learned 32:13 discuss 26:10 excuse 11:17: 25:4 gift 20:13 12:2 lease 4:15, 16, 21, 23, 25: discussed 5:13: 7:5; Exhibit 11:12; 12:1 identify 9:24: 10:17; 5:2.3,5; 6:14,17: 7:10, 14:18: 28:6, 12; 31:2 expectation 13:21,22 given 24:6 11:16 12, 16, 16, 18J 20, 25; giving 24:20 ignored 32:3 8:13: 13:5,8; 16:3, 5,7,7, discussion 4:20; 28:15; expected 28:13 good 16:16 14,16,17,19; 17:2, 5, 6, 7, 32:5 expenses 12:12,17 113:8,13; 11:22 9,10,15,25: 18:2,3,10; disputed 27:20 expensive 30:12 grand 16: 13 immediate 12:25; 13:2,4 20:15,17.22,25; 21:2, 2, distance 30: 1 experienced 27:12 grandfather 6:11; 11:21; including 17:18; 21:25 5,7,10,12,19; 22:6,12, divorce 31:21 expired 15:17 19:2; 20:7, 9; 21:20; 22:20 indicated 5:9; 9:7 16,21: 23:1 document 13:9; 27:13 grandpa 6:13, 15; 7:4; Indicating 14:8 leases 16:4; 17:14 documentation 6:7 F 8:10; 20:11, 12, 17, 20; indication 9:6 leasing 4:7: 18:24; 22:18 documentations 28:2 22:10,24; 23:9 information 13:5; 14:20; left 9:3; 23:24; 24:12, 14: documents 27:9, 14: fact 30:6 grandpa's 8:9, 13; 20:10; 22:3; 23:15 28:1; 29:24: 31:24 28:20: 30:8 21:3 initial 26:11.13 legal 30:22 dollars 17:1: 18:3: 22:16 fair7:17: 8:1, 3; 17:12,25; grandson 7:5 inside 9: 12 lesson 32:13 done 8:25; 15:11: 22:13; 18:5 grudge 29: 17 inspection 15:2: 27:20 letter 9:25; 10:4,7, 18, 19, 30:19 fairly 16:24 guess 16:15; 26:19 instructions 3:16, 19 22: 11:6, 17, 23; 12:5,6,7, Donna 17:7: 18:12, 15; fancier 23:5 Insurance 19:19 8; 13:13,22: 24:20: 25:2, 19:4 Fargo 19:9,25 guy 7:7; 24:4 5,7,9,23: 26:2, 15, 18; doodads 23:5 fault 29:18 interest 4:21, 22 27:2 down 4:9, 13; 7:4; 8:11, favorable 22:21 H Internet 19:6 letters 10:8,9,14 13,16,17: 11:18: 12:14; fax 22:1, 4 into 4:7; 18:24; 21:21; levelheaded 30:2 13:23: 14:14; 16:21,23; fee 12:20,21; 14:3,3 26:25; 28:5; 32:9 18:9,10,23; 19:15, 21: felt 29:22 habit 27:7 introducing 14:19 levy 32:6 20:3,19; 22:17; 23:22, 24; half 7:24; 17:2; 18:4 inventory 13:20: 14:14 life 11:22 24:11,13 few 7:7; 31:9 hand 27:7 invoice 5:7; 9:1, 2 lift 21:7 drop 9:3 fighting 31: 17 handed 14:10,20: 25:24; issue 3:24 list 13:15 0 dropped 32:3 figured 32:11 29:12,22: 32:7 item 5:25: 8:6: 9:21; litigation 15:1 drug 32:8 figures 22:1 32:20,24 little 23:17 due 15:12 file 24:17 handle 30: 14: 32: 13 items 6:25; 10:20: 11:2,4; live 5:16 duly ,;:9 filed 10:13; 14:7 handling 10:3; 12:21; 12:9; 13:14; 20:19: 21:14, loaded 6:3; 8:9 dump 4:9 filing 3:4 14:3,9,17,24 16 loan 8:12; 12:13: 15:11, dusty 9:16 fill 4:16; 20:3 happen 16:13; 29:17 15: 17:22; 19:1; 20:5 filled 11:1; 13:12, 13, 16, happened 5:25: 14:6; J loaned 5:14; 17:8 E 19;20:5 25:2 loans 30:18 filling 4:14; 19:12 Harrisburg 14:12 J 3:25: 18:12, 16 located 9: 11 first 3:25: 7:21, 23, 25; Harvey 4:10 Jeff 22:9,15,25 long 6:6; 7:11: 16:10; earlier 8:2 15:7: 17:2; 19:4; 21:14,16; Ed 10:18: 11:3, 6, 17, 18 23:23; 32:12 hear 3: 19 JOHN 3:8, 13; 11:21 25:12 efforts 10:11 fixed 24:12 heard 24:9 judgment 24:22 look 4:7: 14:4: 18:24; eight 17:10 flatly 18:9 hearing 28:9, 10, 12, 14: 25:25 eithe,' 26:7 follows 3:9 29:4 K looked 18:21 else ~dO; 15:21 forget 16: 11 help 21:2; 32:10 looking 7:3 end 18:5; 21:11 forgetting 27:13 hereby 3:2, 5 kept 21:8 M ended 17:24 forgot 24:2: 29:8 high 16:20 key 24: 13, 14 enjoy 14:22 form 3:6; 13:19 hit 16:11; 31:8, 20 kids 18:14 Enol., 24:5 formal 10:13 hold 29:17; 31:25 kind 4:8: 9:4; 14:25; 18:8; M&T 17:19: 19:10,25: enter,ed 24:23 forward 24:25 holds 19:9 20:18; 23:24: 30:13 20:6 equipment 4:9, 24: 5:1, forwarded 24:24, 24 home 7:13: 15:18; 17:7 kit 30:19 machine 6:20; 9:1, 20; 5,6,12; 6:8, 9,10,12,13, four 7:21, 23, 24; 17:2; knew 6:11; 8:21; 13:6,20; 10:10,21; 13:6; 18:7, 24; honestly 4:12; 9:10; 23:4,5; 27:6: 28:16 14,19,24; 7:6, 8;'8:9,10, 18:2,4 18:22; 22:14; 25:3; 29:8: 18:8; 22:23 mag 4:4 10,13; 14:4, 15; 16:3: four.year 7:25; 18:5 knowledge 9:14: 16:18 19:2,3: 20:7, 16, 21: 22:8; 32:4 mall 16:14; 22:19; 28:16, 23:2,3: 32:21 fraudulent 15:1 hook 6:5 known 18:14 18: 30:10: 31:24; 32:1, 2 espec:ially 13:22 funny 5:15 hookups 7:3 majOr7:3 Q even 7:18; 8:16: 12:16; G horror 15:7 L man 6:4; 9:3 17:19; 18:9; 19:12, 16; hours 9:21: 26:5 manager 19: 11: 20: 1 20:2,18: 21:21; 31:24 house 15:4: 19:10, 14, lady 5:13: 15:13: 17:7; many 5:4: 16:3: 19:1; eventually 5:3 garage 9:12: 15:5, 6: 17;32:1 30:22; 31:14 26:23; 28:20 exact 29:3 23:17: 24:4: 29:11 hurt 32:10 last 8:16, 21; 19:18 March 29:2, 4 dime - Ma1'ch (2) Min-U-Script@ Filius & McLucas Reporting Service, Inc. ,"'''',." ~'" _, 4._' ^ ""'~ .~."._,Vn"? ,,',"'~.,~h~~.~~ .~~ ~.. ,~__~.~ " " ~., . ". ," ~ ..~. ~ ~ ~- ~" ~~"-m' -",-,-,-,"=~""~"""",,,j;\li.;h~"~ Mid'State Products Corp. v. john Backenstoes IT dJb/aJ&D Auto Services ~--~!_~r,iJ'.i","','>2<-'^i John Backenstoes, IT August 9, 2001 ~ V marked 9:23: 10:16; 11:12; 12:1 market7:17: 8:1, 3: 17:12,25: 18:6 marking 11:15 marriage 31:10 matter 27:15 may 5:15; 12:18; 15:24; 27:4 maybe 15:20: 22:12 meeting 4:10 memory 4:1, 11; 7:21; 27:3 message 28:1, 24: 31:18 met 28: 11 Mid-State 7:1, 10: 8:5, 23: 10:1,8,15; 11:18; 12:18: 18:19; 23:3; 32:24 might 18:21 mine 30:20 minimum 28:22 minute 19:8 minutes 28:12 mistake 24:8 money 5:14, 18; 7:2; 17:8,17; 20:18: 30:13 month 6:16: 7:22; 8:8; 9:19; 16:25 monthly 21:13, 14 months 6:7 Moore 10:13: 15:23, 24; 16:2: 31:1; 32:17 more 5:23; 16:4; 22:20; 27:6 mortgage 19:9, 14 most 6:7: 11:22; 12:15; 17:20; 28:18 Motors 24:5 Mrs 18:1 much 5:18:6:18; 15:17; 24:19 myself 23:1; 30:1; 32:13 ~ V N C,",', :' ') name 3:12: 8:21; 16:15; 18:11; 20:12; 21:3 named 6: 11: 20:9 Nationwide 19:19 need 13:2,4 needed 9:2; 13:5; 18:9: 22:16; 25:18 Neighbor 18:14 new 11:4; 13:2; 16:24 nodded 27:23 normal 12:22 Norwest 19:8 nose 29: 17 notice 29:6; 30: 5 Number 9:23; 10:24; 13:12,13; 32:1 numbers 21:4 o objections 3:5 obtain 6:10 obtained 19:2: 20:7; 22:20 odd 7:21; 17:1; 18:2: 22:16 off 6:3; 8:14: 9:4; 15:9: 23:17; 30:19 offer 12:11, 17 offered 12:13 office 23:16 once 15:3: 16:16 one 4:7; 5:18; 6:7; 14:8: 15:13: 16:5,7,9,12: 17:9: 19:18,20,24; 20:5; 21:6; 23:9; 25:14: 26:3, 7; 29:2; 30:20: 32:20 ongoing 27:15 only 8:21: 11:5; 19:17: 23:8: 25:9 open 25:7 opened 7:12: 24:1 operating 26:16 operational 9: 15 opinion 23:4 opportunity 10:24 opposed 21:3 opted 30:14 option 19:17 original 25:15; 26:9 others 23:6 out 4:15,16; 5:18: 6:15; 11:1; 13:12, 13, 16, 19; 15:11: 17:9: 18:7: 19:12; 20:3,5,9,18: 23:16: 24:12; 28:14: 30:18, 21; 31:5,8,10,11,17 outright 13:7 over 6:16;7:14; 14:10: 15:1,10; 20:21; 23:15; 25:19; 32:3 own 20:14 owns 6:12 p P-a-r-k-s 18:12 PA 3:14; 21:1; 22:17 paid 9:2: 15:9; 21:14 papers 7;12; 23:18, 21; 24:7,17: 29:12 paperwork 22: 15 Parks 17:7: 18:1, 12; 19:4 parl17:20 parties 3:3 passed 6:16; 20:20; 22:11 pay 8:14; 10:9: 12:11, 13, 17,23; 14:2; 15:15; 17:17; 19:1; 30:18 paying 6:13:7:25; 20:17, 24 payment 5:9: 16:21,23, 25: 21:9,13,14 payments 6:17; 22:24, 25 PennDOT 14:24; 27:5, 10,14,15; 28:2, 7, 9,10, 10,17,21,23: 29:2, 2, 4 people 30:1 per 16:25 percentage 14:3 periodically 28: 19 person 29: 14 Personal 23:4 Peter 25:4; 28:19: 30:21; 31:15,16 Phil 14:8, 11, 13, 19, 19; 23:18: 25:4,11,18; 26:5, 23: 27:1: 28:25; 29:1, 9; 30:11,14 phone 8:8; 15:10; 23:14; 24:11: 28:1, 24: 30:17 place 8:15, 16; 11:7 places 19:1,23 plaintiff's 14:6 plus 8:3 point 4:14, 17: 6:1, 9: 7:9; 8:5; 15:13; 16:9; 26:20 pointed 17:9 pop 29:16 practice 12:22 president 8:23 pretty 23:7 price 4:17; 5:9; 6:20; 9:7; 21:23 prices 17:11 prior 8:12, 16; 14:23; 28:12,15 probably 11:20: 26:21 problem 27:12: 32:11 process 31:5, 6 product 7:10 Products 8:23; 10:1 program 19:4 property 17:13 provided 5:10 pull 22:3: 30:17, 21 pulling 15:10: 31:7,11 purchase 5:12, 20, 22: 6:18,20:7:10; 13:7, 10: 20:15 purchases 5:13 pursue 17:16 Q Quick 19:5, 24 R R126:21 Filius & McLucas Reporting Service, Inc. Min-U-Smpt@ I ran 24:12 rate 4:21 rates 4:23 rather 6:25 Ray 4:1, 5, 6,12,23; 5:2, 9; 11:18; 13:16; 16:6,6,9, 13,22; 18:21, 24 Ray's 3:15 RE-EXAMINATION 32:18 reaction 15:7 read 7:15, 15; 11:19: 17:8: 26:2, 3, 4 reading 3:3; 12:6 real 30:12 realize 17:22 realized 12:20 reason 17:24 reassured 16:13 recall 4:10, 14, 17, 19; 9:9; 15:17: 16:19, 20; 17:24; 18:23: 24:20 receipt 25:9 received 5:6; 8:25: 9:2: 10:7,9,18; 12:5; 26:15: 27:2, 16, 19,22; 28:8 receiving 24:20: 27:4 recommended 15:16: 30;20 recovery 21:18, 25; 32:21 redo 21:2 reduced 22:14 reference 11:3 refund 10:25 refused 18:9 regard 12:12, 18 regarding 4:20: 11:3; 16:3: 23:11: 24:9; 27:9,19, 22: 28:7, 21 reject 11:4: 17:6 rejected 19:6 rejecting 17:25 relationship 14:23; 18:13: 22:22: 29:10 remember 4:2,11,12; 7:11: 9:10; 18:22; 25:6: 29:3 remove 8:6: 10:19; 12:8; 13:14 removed 12:11 rent 23:17; 24:4; 29:11 rental 17:13: 29:10 requested 12: 10 requesting 13:14 resellable 13:24: 14:1 reserved 3:6 residual 22:7 respective 3:3 respond 24:21 response 10:19; 12:5,7: 28:24 restocking 12:20: 14:3 restrictions 11:7 retain 6:25 retirement 15:10, 15; 19;18; 30:17, 21; 31:8,11, 17 return 11:2; 13:18 returned 25:6 Rick 19:18, 24 Right 11:25; 18:20; 22:1 Road 3:13; 31:8, 21 Rob 4:10 running 8:18; 24:14,15 RUSSO 3:11: 11:14; 12:3; 15:21,24: 30:24, 24, 25; 32:19; 33:1 s sake 20:12 sale 15:12 sales 5:9 salesman's 9:6 same 23:7; 25:21 saw 14:21: 22:24 scratches 9:18 sealing 3:4 second 17:2; 18:5 secretary 24:15; 27:6 security 21:4 seek 6:10 seem 8:3 sees 25:1 sell 4:5 sellable 11: 10 send 13:17 sent 6:13; 8:11: 9:25; 11:20,23: 12:7,8; 13:13, 19: 20:19 September 10:23 served 25:12 service 26:22, 24 set 15:7; 17:1,3,5; 31:12, 15 seven 16:12 sewer 7:3 sheriff 15:3, 5, 8,12,18; 31:2 Sheriff's 14:14; 23:22, 25; 31:22; 32:6 shop 7:4; 10:20: 14:15 shot 5:18;8:15, 17: 12:14; 16:12; 19:20 show 9:23: 10:16; 11:15: 12:4; 16:14; 29:9, 19 showed 6:8: 7:8 sign 6:4; 7:16,18.24; 11:21; 13:8; 17:10, 15; 18:2,3 signing 3:4: 5:1 simply 30:7 sit 23:16 situation 23:11; 30:15 (3) marked - situation ~!'ifiaU~fuii _HJii'~ iii-,~Iil~o1i';ilE,~;'~:;" '" -,- ,--,-,',,~ ''',',," John Backenstoes, II August 9, 2001 six 18:14 size 23:7 sleep 5:19 small 9:12; 17:21: 20:5 social 21:3 somebody 13:23; 16:12 sometime 9:8 soon 25:16 sorry 29:23 sort 19:20 speak 23:12 speaking 8:19 spin 23:8 spoke 23:14 spring 9:9 Springs 3:13, 14 start 5:14: 17:8: 18:10 started 19:10 starting 4:7 State 21:1: 22:17 stated 13:4 steps 31:9 Steve 23:23, 25: 24:3, 4: 25:24; 26:4, 22, 25: 28:3 Steve's 25:25 stili 9:14: 26:16 stipulated 3:2 STIPULATION 3:1 stocking 10:20 stocks 10:10 stopped 7:4 strike 12:25: 31:5 stuff 13:24; 26:14, 24; 27:7: "2:7 submit 19:22 subsequent 32:6 suit 27:10,15; 28:7, 21 supply 14:15 supposed 10:2; 15: 1 sure 30:6 surprised 17:21; 26:18 sworn 3:9 system 30:23 T talk 15:16; 23:16, 23: 25:17: 30:1 talked 15:8: 26:22: 31:16 talking 4:3 taxes 21:4 teJephone 19:25 telling 31:6 ten 24:21: 25:14;26:3, 15 ten-day 29:6: 30:4 term 4:21, 23; 17:10: 18:5 terms 7:9, 16, 19, 23; 16:18; 21:5, 19; 22:21 testified 3:9 testimony 9:7 thought 17:21; 31:9 six - Zulli (4) J~~""., . = . _,~..~.,~",__..i1 -t!;,""C'.<L," )\l,E"~'!i-;-b:t&.Hi",:""",c>ilt7i.ilmfr~4iIJllilililllllilll9l~mi!:~"'_.U''':'-,~~~''''-~""'''''.~ilI''fllj51Iiillf -,.. .-. thoughts 30:2 three 6:22; 15:20; 20:19; 21:6,14,16,24; 28:22; 29:1 three-year 21:10 threw 16: 16 throwing 31:9 tickled 29:14 times 26:23 tire 4:3, 6: 6:2, 20, 20;9:1, 11; 10:10, 21; 12:10.12, 19; 13:2,6,10; 18:7, 17, 24; 21:17, 17, 22; 23:4, 5 tires 23:8, 10 today 8:2: 9: 11 together 30:2 told 8:12: 9:7: 11:1, 20: 15:8; 16:6, 22: 19:11: 20:21; 23:18; 25:18: 31:19 tonight 23:20 took 6:16:7:12, 13: 17:7; 28:2: 31:8, 14 tow 23:10 trial 3:7 tried 8:16: 20:13; 31:25 truck 6:3; 23:10 try 12:13; 17:16; 19:1; 22:25; 29:25: 30:1, 17 trying 15:11: 16:8; 30:18 turn 12:4 turns 19:15 two 6:7; 7:3, 16: 8:8,15, 18: 9:19: 12:15; 17:20, 23; 19:7,12,16: 20:4; 21:6, 7 type 9:20; 14:22 u under 13:17; 14:13, 16: 26:16 unit 6:21: 21:18, 25; 32:21 units 6:22 unpack 6:5 up 6:5, 8.15; 7:2, 8,13, 23; 8:18; 14:13: 16:14; 17:24: 20:11; 22:4, 25; 24:1; 28:24: 29:10, 16, 19: 31:7,14,15 upon 25:9; 27:3 upset 29:24 use 6:5, 6: 9:18, 20 used 19:8; 22:8 using 13:17 v value 7:17;8:1. 3: 18:6; 22:7,14 vehicle 15:2 via 19:25: 22:17; 28:24 vindictive 29: 14 Voice 28:16, 18; 30:10: .. ~ , -, ,- ,~- . ~~ ~-",&j-~ ~ .- . Mid-State Products Corp. v. John Backenstoes II dlb/aJ&D Auto Services 19; 30:8, 23: 31:22, 25 31:24: 32:1, 2 w W-o.r.J.e.y 24:5 Wagner 19:19,24 waived 3:5 walk 29: 16 waste 20:2 way 9:17; 17:3, 5 Wednesday 14:12 weekly 14:21 weeks 5:4:7:7: 15:20 Wells, 19:9,25 what's 5:23: 10:22; 18:11,13: 21:13 wheel 3:24, 25; 4:18 wheels 4:4, 4 whistles 23:6 Whp's 24:3 whole 30:18 wife 5:15: 7:13: 15:10; 22:3: 31:7, 18 willing 12:23 window 31:10 wise 4:11 Within 7:7; 8:8 without 4:4; 5:1: 28:5 witness 3:8; 27:23 words 20: 10 work 15:14: 16:8: 26:5: 31:4,19 works 19:19: 22:2; 30:22 Worley 14:10, 19, 21: 23:19; 24:4, 5, 6, 25; 25:6, 10,13,18: 27:7,9, 18, 25; 28:4,20; 29:11,15,16,21: 30:3,7: 32:5,7.9,10 Worley's 9:12, 12; 23:16 worth 4:9: 17:12; 18:8 write 28:24 writing 6:15 written 9:25: 13:9 wrote 10:4,7, 12 y year 4:2 years 7:21,24;8:15, 18; 12:15: 17:2, 11,20,23: 18:2,4,14; 19:7, 12, 16; 20:4; 21:6, 8: 31:10 Young 22:9, 22 Young's 6:12, 24; 20:20; 21:2; 22:23; 32:20 z 0",',',',." I '., , o o Zulli 14:8, 16, 18,23; 23:11,24: 24:7, 9,16,25; 25:1,8; 26:9, 11, 19; 27:13,24; 28:11, 21; 29:7, Min-U-Script@ Filius & McLucas Reporting Service, Inc. 111 ~~ , .. ~. -, ~.,~ ~ :.;-. o Lawyer's Notes o 0::',' " .J, ,",e_.' ,~B'i;,'~,",,','!'.',':,":', ~?) , , ')1" iJ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA MID-STATE PRODUCTS CORP., Plaintiff No: 01-2014 CIVIL TERM vs. CIVIL ACTION - LAW JOHN BACKENSTOES II d/b/a J & D AUTO SERVICES Defendant Deposition of: RAYMOND P. MOSNIK Taken by Defendant A" ~ - '"-? ;~ -: ,-, ,,'. ,-":,ik,~ ,..t;!!r. Date August 9, 2001, 9:00 a.m. Place 5010 E. Trindle Road Mechanicsburg, Pennsylvania Before Ann M. Wetmore Reporter - Notary Public c.~~' For - Plaintiff o c z -ocr nlrT, ?,:~~:; /cc. Cj) ~-':' 2C ~;,=; ):;'S ~ ~t'8 APPEARANCES: J. CHAD MOORE, ESQ. 5 r....:' l._r-;. ~r; :::",\: .\_---:-J ',-"l PETER J. RUSSO, ESQ. ;:": :/J' (='I For - Defendant ALSO PRESENT: ....,:""""" V JOHN B. BACKENSTOES II ;,:',. ~el'::!~~; FILIUS & McLUCAS REPORTING SERVICE. INC. Harrisbtlrg717-3_~6:0623 York 717-845~6418 PA 1-800~233-9327 "'"Z,^'_ ~. ,.....~...~""-'''"''-< 2 A""" V INDEX WITNESS Examination RAYMOND MOSNIK By Mr. Russo 3 By Mr. Moore EXHIBITS Deposition Exhibit Number Paqe 1 Letter to Mid-State Products from John B. Backenstoes 19 2 Return Authorization forms 20 3 Letter to John B. Backenstoes II from Ed Pavlovic, dated September 1, 2000 31 C',,',' , , ~ FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-?36:"0623 York 717-845-6418 PA 1-800-233-9327 " - , ~.~ ~ ~. ti.";:--'j)ji;;;";klW- 3 1 STIPULATION 2 It is hereby stipulated by and between 3 counsel for the respective parties that reading, 4 signing, sealing, certification and filing are 5 hereby waived; and all objections except as to the 6 form of the question are reserved to the time of 7 trial. 8 RAYMOND MOSNIK, called as a witness, being 9 duly sworn, testified as follows: 10 EXAMINATION 11 BY MR. RUSSO: 12 Cr 13 14 15 16 17 18 19 20 21 22 23 ., 24 25 Q. Ray, as you know my name is Peter Russo. I represent John in this matter and today I'm going to ask you some questions. Our court stenographer is going to be taking down everything that we say so there's no -- the words are very clear. If at any time I ask you a question and you don't understand my question, please feel free to say so and then I'll try and rephrase it. If you don't and you answer my question, we are going to presume that you did understand it and your answer applies to that question. If at any time you want to take a break and there's no question pending, please feel free to just say you'd like a break or you want more water FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 o o ., 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " 0-' '-"';'-"'~~""'iiIIIIiiIiIlll...iihtl~~j'h'; 1 2 3 A. 4 Q. 5 6 7 A. 8 Q. 9 A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Exam./RussO - Mosnik 4 or go to the bathroom, anything, we will stop for you and go from there. Okay? Okay. This morning are you under the influence of any drugs or alcohol, any medication, anything of that nature? No. Is there anything that today would impair you from understanding or your ability to answer my questions? No. Can I ask how old you are? 42 years old. And what is your job with Mid-State? I'm a salesman. How long have you done that for? Since December 2nd of 1998. What did you do before that? I was a sales manager and a salesman for Circuit City. And how long did you do that for? Two and a half years. Was that a local store? York and Mechanicsburg. And what caused you to go from Circuit City to FILms & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236:..0623 York 717-845-6418 PA 1.800~233-9327 ~ v 10 11 12 0,' , .,f 13 14 15 16 l7 18 19 20 21 22 23 fJ 24 25 .,'_.1 , ..1.. -~-'4i~,~'- 1 2 A. 3 Q. 4 A. 5 6 7 Q. 8 A. 9 Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Exam./RussO - Mosnik 5 Mid-State? I wanted out of retail. Good answer. Mid-State was a customer of mine when I was with 3M. So, they had been wanting me to come working for them for a very long time. How long had you been at Circuit City? Two and a half years. And you said you were at 3M before that? I was a 3M representative from '86 until '92. And if you're wondering what was in between that time, I owned my own pet store. I was self-employed in between that time. What's your educational background? Six credit hours shy of an associate's degree in liberal arts, high school diploma. And where did you go for your liberal arts? Lakeland Community College in Kirtland, Ohio. And high school was that in Ohio also? Willoughby South High School in Willoughby, Ohio. Direct our attention now to really the matters at hand. Okay. How do you know John Backenstoes? John Backenstoes was a customer of ours through FIUUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236:"0623 York 717-845-6418 PA 1~800-233.9327 > >""~";'-,-...,-", ""~-""",~~.,.- . ~ 1 2 3 4 Q. 5 6 7 A. 8 Q. 9 10 11 A. 12 13 Q. 14 15 A. 16 17 18 19 Q. 20 21 A. 22 23 Q. 24 25 A. o " Exam.jRusso - Mosnik 6 Worley Motors initially and then John went out on his own creating J & D Automotive and then I took over John's account once he went out on his own. And you know the subject matter of this lawsuit where a part of it is a tire changer and wheel balancer. Correct? And inventory. And some inventory. Let's focus in on the tire changer. What was the model if you know of that tire changer? We'd have to look into the records. I'm sure it's in there somewhere. So, you don't know off the top of your head what you were offering to get to Mr. Backenstoes? At the time that we did the sale, yes. I mean it's been, what, a year and a half or close to that, so I don't remember those names. It was Accu-Turn. How many different types of tire changer and wheel balancers do you sell? Mostly Accu-Turn. We could get another brand called Coats, but Accu-Turn is what we sell. And Coats is what Mr. Backenstoes has or had at the time in his shop at that point. Correct? No. FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845~6418 PA 1-800-233-9327 - <' 10 11 12 c 13 14 15 16 17 18 19 20 21 22 23 .. V 24 25 ". '. . -' ,> t' '-"'~""':., 1 Q. 2 A. 3 4 Q. 5 6 7 8 A. 9 Q. A. Q. A. Q. A. Exam./Russo - Mosnik 7 He didn't have a Coats. Do you know what he had? Okay. Are you talking about previous to the purchase of this equipment? Well, I guess there's a question whether any equipment was purchased or not. But prior to your equipment being brought to him, do you know what kind of equipment he had? I think it was a Coats. I'm not positive on that, but I do believe. It was not a rim clamp tire machine. It was just an old style tire machine is what it was. Does Accu-Turn have various models or is it one standard machine? No, there's different models that you can purchase. And what we did was I brought a factory representative in with me who represents Accu-Turn. His name is Rob Harvey. Okay. And with the brochure Rob explained to John what the different machines were, what they would do, what advantages he would get if he bought different machines. Okay. So, collectively their representative and John decided on the models that he ended up purchasing. FIUUS & McLUCAS REPORTING SERVICE, INC, Harrisburg 717-236-0623 York 717-845-6418 PA 1~800-233-9327 :;;,,~~-'-! o 1 2 3 4 5 6 7 8 9 Q. 10 A. 11 12 13 Q. 14 15 A. 16 17 18 19 Q. 20 21 A. 22 Q. 23 24 A. 25 Q. o <' Exam.jRusso - Mosnik 8 The guys have requirements on what they want to be able to do. Different machines can change different size tires. Different wheel balancers can balance different size tires. So, you need to find out what the customer wants to balance, what they want to change, and then you recommend a machine based on their needs and that's what we did. And do you remember what John's requirements were? No, I don't. I let him and the factory representative determine what was going to be the right machine. Now, do you know at that point whether the price of the tire changer was discussed? Yes, because we came in with prices on the different machines that we were going to present to him. I think there was like three machines that could actually work for John. Do you have any of that information with you today? No. Do you have any of that information with you back at your place of business? Yes. Do you know any reason why that has not been HUllS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 .........,.,.,...~"_. " 10 11 12 c 13 14 15 16 17 18 19 20 21 2:2 23 t' 24 25 .-~" "-'---'1:&\1>\1-"'11;,. 1 :2 A. 3 4 Q. 5 6 A. 7 Q. 8 9 A. Q. A. Q. A. Q. A. Q. A. Q. Exam./Russo - Mosnik 9 produced up until now, that pricing information? Well, John would have an invoice so John would have that in his possession. And can you tell me the date, give me a time frame as to when you were there with Rob Harvey? Spring of last year. At that time there was some discussion of leasing that machine. Correct? There was two options. Okay. John was new in business and I told him at that point in time he might have difficulty getting a lease. He said not a problem, if he couldn't get the lease then his backer would pay for the equipment, but he preferred to get a lease. Did he assert to you that his backer would pay any price or was there any contingencies on that statement? No. Are you aware of the lease terms that were provided to John? Am I aware of them now? Yes. Yes. What do you believe them to be? FILms & McLUCAS REPORTING SERVICE, me. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 (j ~ ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ 'iil!d";.tl:M~~:'_ 1 A. 2 3 4 5 Q. 6 A. 7 8 9 Q. A. Q. A. Q. A. Q. A. Q. Exam.jRusso - Mosnik 10 His lease terms I don't remember the amount of years. I think it was three years it was going to be. I remember this stuff much clearly a year and a half ago. Okay. But I believe it was three-year term or four-year term. And we have a factor that you can take the purchase price and then you can calculate what the monthly payment would be. So, we estimated that for John and that was acceptable to him at that point in time. At what point in time are we talking about, back in that spring of '99? Yes. So, spring of last year? Um-hum. Do you recall what that lease price would have been? No. It was -- I mean it was somewhere in the $7,000 range I believe. For the total lease? For the well, no, I'm talking about the equipment. There was a tire balancer and a tire machine. Okay. FILIUS & McLUCAS REPORTING SERVICE, mc, Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 c lO 11 12 o 13 14 15 16 17 18 19 20 21 22 23 " 24 25 ,,~~ ~.... ....rl".''J~' 1 A. 2 3 Q. 4 A. 5 6 7 8 9 Q. A. Q. A. Q. Exam.jRusso - Mosnik 11 I mean we gave all of those prices up front, okay, that was all presented to John. Okay. My mind has no reason to retain those exact figures, you know, in August of this year. But I mean there's all invoices and stuff that spells this out very clearly. It would be at Mid-State Products and then John would have received it too because we always invoice that stuff. If I told you the terms as I've been advised them to be were $1,800 up front, $400 a month for four years and then $200 a month for four years, does that sound even remotely familiar? Yeah. There's a down payment you have to put down on it, monthly payments. That could be accurate. I'd have to see the lease, you know, in front of me again to refresh myself, but I think that could be accurate. Because I knew it was like a three or four~year lease is what he was looking at. You have to put so much down. If I told you those lease terms come to a total just shy of $31,000, would that seem accurate? I don't know. How many leases have you done on this type of equipment? FILms & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800w233~9327 o 10 11 12 c 13 14 15 16 17 18 19 20 21 22 23 o 24 25 '<- -~ , ~< , , l''''''''['~,' 1 A. 2 Q. 3 A. 4 Q. 5 6 A. 7 8 Q. 9 A. Q. A. Q. A. Q. A. Q. A. Q. Exam.jRusso - Mosnik 12 Personally myself? Um-hum. One. And that's other than the one we are talking about today? Um-hum. A lot of garages will pay cash for equipment. And when you say a price was given to John for that monthly amount, you are'not sure of the price as you sit here today. Correct? As of today, yes. And when you say spring, what months are you including within the term spring? I think that conversation started in March. I think it was March. And would it have been around March that you gave him a price on the lease agreement? Um-hum, within that spring time frame and stuff like that. So, springtime meaning March, April, May, one of those three months? It didn't get into May. So, March or April? Yeah. It was February, March or April, yeah. Now, within the complaint there was some FIUUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236~0623 York 717-845-6418 PA 1~800-233-9327 -~~~.~ ~~ - ~ " - >~ . hi." ~, ~t-,~ o 1 2 3 A. 4 Q. 5 A. 6 Q. 7 A. 8 Q. 9 A. 10 Q. 11 12 A. 13 Q. 14 15 16 A. 17 Q. 18 A. 19 20 21 22 23 24 25 o o Exam./Russo - Mosnik 13 discussion of a lease application that was provided? Urn-hum, yes. Did you provide that to Mr. Backenstoes? Yes. When was that? Within the time frame that we are talking about. And you personally gave that to him? Urn-hum. Was this a different time than when you were there with Mr. Harvey? Yes. And when you gave him the price for the product, was that also a different time than with Mr. Harvey? No. Oh, that same day? We gave that the same time. John said, okay, let's go ahead and order up the equipment and that's what we did. And then John filled out the information because that's private. There's information on there that I don't need to know about John's personal and private status, you know, his finances. That's all done, it was all faxed back and forth between John and the leasing FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 -, o 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 <' 24 25 1 2 3 4 Q. 5 6 A. 7 8 Q. 9 A. Q. A. Q. A. . ' ,~-~ 'Jl!lIlll:;h;;..,8!~J' Exam./Russo - Mosnik 14 company. All Mid-State wants to know is that we are getting paid for the product that we sold to our client. Who is the leasing company, who was the leasing company for this purchase? That would have to be obtained from, you know, Mid-State Products. Chad, do you remember who-- So, you don't know who Rob Harvey works for? Well, no, I don't remember the company. We are an Auto Pride affiliate and we have leases available through Auto Pride, so I don't remember who it was. If I had that leasing information in front , of me if you want me to call, I can go call the office and find out for you. But I know that the lease was accepted for John. Do you know when John actually got a copy of the lease for him to execute? NO, I do not. It was not long after he filled out the lease. I'm not promising that, but t believe. It happens pretty fast. Most banks can do it pretty quickly, or lease companies in this situation. Do you know when John opened up his business? Not exactly, but it was a couple of months before FILIUS & McLUCAS REPORTING SERVICE. me. Harrisburg 717-236-0623 York 717-845M6418 PA 1~800~233-9327 , 1 , ~-, ,i,,'lI~-.i],' I i o 1 2 Q. 3 4 5 6 A. 7 8 9 10 11 12 13 14 15 16 17 Q. 18 19 20 A. 21 22 23 24 25 A,,'. U ~ \;; Exam./Russo - Mosnik 15 the time frame that we are talking about. And if we are talking about the time frame of February, March and April, if I told you he opened up his business in February of that year, would that be believable to you? Yes. Because for me there really wasn't an interruption. John was with Worley Motors who was a customer. And then when John bought out all of the merchandise, to me it was just basically almost a continuation of the same thing. I kept going every week and seeing John, you know, for his weekly needs, write up his cores, see what he needed, and filters and bulbs and stuff like that. So, to me, you know, there was not -- other than the legal end of it in becoming J & D there wasn't a big interruption. And obviously the financial position between Mr. -~ well, the difference between Mr. Worley and Mr. Backenstoes was also-- Absolutely. We set up an account for John. John was on a weekly charge at that point in time with us and John was in good standing with us as far as his credit. And John requested to go from a weekly to a monthly charge because many of his clients were tying up his money for a longer term FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ,_.. .~^ -- --. ,. --" ~J.ikI'.~.q)" o 1 2 3 Q. 4 5 A. 6 7 8 9 Q. 10 11 12 A. 13 14 15 16 Q. 17 18 19 A. 20 21 Q. 22 A. 23 24 25 <' o Exam./Russo ~ Mosnik 16 and we granted him a monthly charge with us because he was in good credit standing. And his credit standing was only established from February of that year? Right. But he had credibility with us because he was working with Worley Motors and stuff. So, we felt that we weren't going to have a problem getting paid from John. At some point do you recall John asking you to remove that tire changer from his place of business? I was advised that he had had a conversation with the owner, Bruce Casher, and he requested that. That was many months after. That was the summer of last year. So, is your answer you never had a conversation with him about the removal of that item and him being John Backenstoes? I'm trying to remember if it was before or after. I'm not 100 percent sure. Before or after what? He had his conversation with the owner, Bruce Casher. The equipment was used, I mean at that point in time when John asked that it be removed, and that creates a whole new dilemma because used FILIUS & McLUCAS REPORTING SERVICE. me. Harrisburg 717-236-0623 York 717-845-6418 PA 1~800-233-9327 :1lilI9ll'lti""' ~ ~ o o c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Q. 15 A. 16 Q. 17 18 A. 19 Q. 20 21 A. 22 Q. 23 24 A. 25 ~~ __H..... ^ j ~~~.il,' ,--"' Exam./Russo - Mosnik 17 equipment is not worth the same value as brand new equipment. Just like a car, if you drive it off the dealer's lot, it's now a used car. If you take it back, it's not worth the same amount of money as before you titled it and drove it off the lot. Same thing with equipment. Once you use it, it's now used equipment and the manufacturer, Accu-Turn, would not take it back from us. And I remember they did check on that because it was used equipment. Had it never been, you know, uncrated, it never had been used, we could have taken it and sent it back. Do you ever sell any used equipment? I have never sold any used equipment, no. Do you know if the company sold any used equipment? No, I don't know that for a fact. Now, let me go back to my question that I don't think we ever did answer-- Oh, okay. --which was whether you did discuss with John the removal of that item. That was in the summer of last year and that was after we FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 0"',, " 10 11 12 e 13 14 15 16 17 18 19 20 21 22 23 o 24 25 _. .'~ ~ ~li> '" ' 1 2 Q. 3 4 5 6 A. 7 8 Q. 9 A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Exam./RussO - Mosnik 18 had already started legal proceedings against him. So, you had -- at least from what I'm understanding you telling me you had one conversation with him about the removal of this item? I'm not sure how many conversations that we had about it. So, it could have been more than one? It could have been more than one. Could it have been before summer of last year? I'm thinking. Okay. NO, it would have been sometime during the summer of last year. Did you have any other conversations with employees of John's regarding the removal of this item? Other employees of Mid-State? Of J & D Auto Services. Not that I recall. You don't recall talking with Robert Fisher about removing that item? No. At the time John asked for the removal of that item, did he also ask for the removal of your FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 -~~~ 0", / ~ ,~ ' .' , ~.~ ~ i&.,Ji~!i.d::o Q. A. Q. A. Exam./Russo - Mosnik 19 inventory? With me? Yes. Not that I'm aware of. He had that conversation 1 2 A. with the owner, Bruce Casher. And let me ask you -- if you told me already, I apologize -- but when do you believe that conversation took place? I believe that was summer of last year. 10 (Deposition Exhibit #1 marked for 3 Q. 11 identification) 4 A. 12 BY MR. RUSSO: o 13 14 15 16 17 18 19 20 21 22 23 .. V 24 25 5 6 Q. 7 8 9 A. Let me show you what we will mark as Exhibit l. Can you identify what that is? Well, let me ask you this, have you ever seen this before? I didn't see this. I was told that John had sent a letter to Mid-State. We don't just remove inventories because someone requests it. We do offset orders is what we do. So, the offset orders was your return authorization forms? Well, return authorization form is something that a customer uses for their daily. If John was to order up some parts for a car and got the wrong parts, the customer cancelled the job, he fills FILms & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717~845-6418 PA 1~800-233-9327 " 10 11 12 0', .1 13 14 15 16 17 1 2 3 4 5 6 7 8 9 Q. A. ~ ~ .~~ ,","-"" ,--~,-. Exam./Russo ~ Mosnik 20 that out and sends it back. If he sends back a defective part, he checks defective on it and sends it back. And if it's a core, because many of these parts are rebuilt, then he checks that and sends that back. So, that is a different scenario. That is parts that he is ordering on a daily basis. 11II As policy you don't? As a policy we don't. 18 (Deposition Exhibit #2 marked for 19 identification) 20 BY MR. RUSSO: 21 22 23 A"., \..I 24 25 Q. A. Q. So, I'll show you what we will mark as 2. Okay. And these are 11 sheets attached to the exhibit and there are 11 return authorizations. Is it your testimony today that return authorizations FIUUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 '" ~ ""''':!~~i",b" Exam./RussO - Mosnik 21 o 1 2 A. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like these would typically not be honored? Well, we've got two questions here that we have to answer. Number one, a typical return authorization is for daily purchases. What John has on here is a request to take back all of his inventory. And at the very end under where it says EXI, those were a battery consignment and that is on 244580 and 244581. That was a battery consignment. We did come and remove the battery consignment from his shop because he didn't own the batteries and Mid-State didn't own the 0.,;, " batteries. EXI Corporation owned those batteries. Those were removed. Everything else is mostly brake shoes, brake pads, chemicals, filters, muffler clamps. That would have to be approved by Bruce Casher, the owner himself, to take that back. At the point in time that John requested that, we had already started legal proceedings against him and he was looking to reduce his bill at that point in time. And there was two registered checks that John sent via US Postal " Service that were registered that he swore came to us and twice John said that US Postal Service lost FILIUS & McLUCAS REPORTING SERVICE. me. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ~~ I , . '"--'~~~dr Exam./Russo - Mosnik 22 those registered mail. Payment for the tire machine, inventory was supposed to have been sent to Mid-State Products that never was received by Mid-State Products. And can I ask you how that's responsive to my question about this Exhibit Number 2? And how does that respond? John was supposed to be paying us -- because I was going in on a weekly basis asking when he was going to pay for these things and that's what when he said he sent two registered checks. Now, are these items that you typically say, John, you need -- after looking at your inventory you need two sets of Raybestos brakes, you need five batteries, you need X or Y, is that something you do? When I would come on a weekly basis, what John would do is as he would use a set of brake pads as an example, he would tear the flap off for me and have them up by his telephone on his desk. And then I would ask him what he needed, what he used for that week. And he would say here's the flaps that I used. Brake shoes, there would be a core sitting there, okay, so you know, and I would ask him if he wanted me to reorder those and he would FILIUS & MclUCAS REPORTING SERVICE, me. Harrisburg 717-236-0623 York 717-845-6418 PA 1~80o-233-9327 0",',\ , ' 10 11 12 0.,,; " 13 14 15 16 17 18 19 20 21 22 23 <' 24 25 "L ~""'"'""""""'[!i!lA~_ 1 2 3 4 Q. 5 6 7 8 A. 9 Q. A. Q. A. Q. A. Q. A. Q. Exam.jRusso - Mosnik 23 tell me yes or no. we would go through his filters. John and I always went through the stock together. I just didn't send it in. Now, you told me that these, these being Exhibit 2, these were sent in and requested after litigation commenced and they are dated August 30th? Um-hum. And a couple for the 31st. Is that correct? Yes. If we hadn't started litigation, I know we were in the process of doing it because we always send out registered letters. Sir, is the commencement of litigation the reason that these were not approved as returns? I don't understand the question. You said he sent these to you. It would have been up to upper management to make the decision on whether to accept them or not. Right. But in this case litigation had already started. Now does that mean-- Do you know exactly when we started legal proceedings? I can tell you exactly when you started the litigation, which would have been February 5th of FILIUS & McLUCAS REPORTING SERVICE. me. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 0, ;0. ~ ':'" j' 1 2 3 4 5 "~A~, Exam./Russo - Mosnik 24 2001, which was about six months before. MR. MOORE: I think he is confusing beginning that it was turned over for collection as opposed to beginning litigation. MR. RUSSO: Okay. 6 BY MR. RUSSO: 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 A,f"""," V 24 25 7 8 9 Q. So, is that a reason for not authorizing a return that collection efforts have begun, if you know? A. One time did we ever issue credit to a customer for a product. It was Stevenson's Tire and the gentleman's name was Mike Intrieri and he fell down his basement steps and was in a coma for a month and then died. And his wife was left with the business and in a humanitarian compassion for this poor wife who didn't know what to do with his business, we actually took her stock back to help pay down her bill. That's the only time we have ever taken stock back and issued a credit against someone's account. That's an account of mine. I can only speak for my accounts because that's the only thing I have knowledge of. That's the only time. Any other time if we give you an authorization to take back someone's stocking inventory, you would replace it with another stocking inventory of FILIUS & McLUCAS REPORTING SERVICE, me. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 40 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 o 24 25 ~. .-~ "'"""'" - -" '-""-~"'C_, 1 2 3 4 5 Q. 6 7 8 9 A. Q. A. Q. A. Q. A. Q. A. Q. Exam./Russo - Mosnik 25 something else. So, in other words, if John wanted motor oil and filters to trade out for the total dollars in brakes and management approved it, then we would do the swap. I'm going to show you the back of one of Exhibit 2. Can you tell me where on the back of Exhibit 2 it says the authorization is subject to management approval? Well, I don't have anything to do with this as far as I'm a salesman. I don't make policies. You are a salesman representing the company who sold John Backenstoes these products. Right? Urn-hum. These are the return authorizations for the products you sold him. Correct? No. No? No. These are return authorizations for daily usage. This is not relevant to a stocking inventory. Let me strike that and say these are return authorizations forms. Correct? These are return authorizations forms, that is correct. On the reverse it talks about your return policy. FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236~0623 York 717-845-6418 PA 1-800-233-9327 """""~ . ~,~ o <' <' =~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 A. 3 Q. 4 5 A. 6 Q. 7 8 9 A. Q. A. Q. A. - , , ~ , "~ ~. ~"""""''''':'-,': Exam./Russo ~ Mosnik 26 Correct? It does. - ~j - -- ~"I -l A ? Does that form say anything about s? On that form in front of me it does not. I'm looking at your complaint and the exhibits that have been attached. I'm going to show you well, the exhibit pages are not marked what's been listed as Invoice 505154. I'm going to show it to you and call your attention to the top two lines that say EXI, EXI. Right. Were those items that you said you had returned or were returned to you and removed? What happens is any batteries that are missing from the consignment would be charged; or if someone uses batteries, okay, then that would be charged to them at an invoice when we sent out a stocking order. So, by the looks of this order here, okay, this looks like it was a stocking order -- a couple of batteries, a set of brake FILms & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 -~ ~ -."', o 1 2 3 4 Q. 5 6 7 8 A. 9 Q. 10 11 A. 12 13 14 15 16 17 18 Q. 19 A. 20 21 22 23 24 25 Cl o Exam./Russo - Mosnik 27 shoes, a set of brake pads, two wiper blades, some chemicals and some filters. That looks like a stock type order. Is it possible that these two EXI batteries consignment batteries were returned in the items that you told me were returned earlier off of Exhibit 2? Could they be returned? Could they have been within the items that were returned? Well, there is two 70DT-50's. There's one 70DT-50 on there. There's a 35 and there's a 35. The invoice date is June 8th of the year 2000. This slip is 8/31 of 2000. So, what would happen is is on that invoice, when we would take these batteries back, okay, there is a master list of what was on that consignment. Okay. John or any other customer would be responsible when that battery consignment is removed that the batteries would be in good resellable condition, okay. In other words, they don't have grease and paint, they haven't been dropped and damaged. Okay. Then it would be matched up against his master invoice, okay, and then any batteries that FIUUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ..J 0.',,' . -. / 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 " 24 25 " " --'~~'~i&Njk 1 2 3 4 Q. 5 6 7 A. 8 9 Q. Exam./Russo - Mosnik 28 would be missing would be billed to him, okay, or any batteries that would not be in resellable condition would be taken care of at that time. So, these would have been billed to him after August 30th of 2000 when they were picked back up. Correct? Um-hum. And on a weekly basis when I go through there, any batteries that would be missing off of that shelf, okay, I would ask John about them and he was responsible to put them back on to that shelf. So, then he would be billed for the batteries that he in turn either installed into a customer's vehicle or was missing from his shelf for whatever reason, theft, anything else, he would be responsible for it. That's how consignments work. If it's off the shelf, you need to replace it. Let me show you again complaint and that would being invoice number 512510. MR. RUSSO: Chad, I wish I could give you better help in identifying which one it is. MR. MOORE: That's okay. I think they are more or less in numerical order. BY MR. RUSSO: Q. This one also has a 70DT and 75-60. FILms & McLUCAS REPORTING SERVICE. TNe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 o 10 11 12 " 13 14 15 16 17 18 19 20 21 22 23 <<' 24 25 , , ., " ... "~'"~;~)"".' 1 A. 2 Q. 3 4 A. 5 6 7 8 9 Q. A. Q. A. Q. A. Exam./Russo - Mosnik 29 Urn-hum. And these also would have same explanation as to what you just gave me. Correct? If you use the batteries, you would reorder them. It's possible that John could sell more than one type of battery that's on his consignment. It could come down on an order, um-hum. When you have a consignment inventory, you are responsible to replace any battery that's missing off of your shelf for whatever reason. If it's missing, you need to replace it. That's the agreement. And then-- And a shop should be selling batteries, especially over the summertime when it gets hot. Batteries go bad, they die. That's what keeps John in business, other garages in business and Mid-State in business is parts break and wear out and that's why we are here today. That's how we make our living. And then Invoice 527695 has three other batteries on it. Correct? Well, if you notice the one has a negative beside it which says policy adjustment. Okay. So, John must have had a defective battery or had FIUUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 o 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 A"",.", ~' 24 25 ~. w ~~ "--~~'~lffil'iil", 1 2 3 4 Q. 5 A. 6 Q. 7 8 A. 9 Q. A. Q. A. Q. Exam./Russo - Mosnik 30 a customer that within the one year free replacement would have been bad and he received credit for that particular battery. Okay. The other two batteries on there are charges. Let's go back to Exhibit 2 and the last two I'm sorry, last three pages, Invoice 244580. Okay. I'm sorry, return number 244580 and 244581. Urn-hum. Would you agree that we have 12 batteries that John had on consignment? Let's see, I count 11 batteries. If you look at your exhibit 244580 return authorization number, you'll notice that they are all checked new. If you go to return authorization number 244581, you will notice it's checked core. That means that John had used a battery and there was a core sitting there which he is charged $5 for until he returns that core to us, then he would receive a $5 credit against his account. So, if Mid-State accepted back the 11 battery consignments which you say were removed, he would be entitled to a credit for 11 batteries. Is that correct? HUUS & McLUCAS REPORTING SERVICE, me. Harrisburg 717-236-0623 York 717-845-6418 PA 1~800.233-9327 ~~lIl. o 10 11 12 o 13 14 ~ > W"~,~ ~}~ Q. A. Q. A. Exam.jRusso - Mosnik 31 No. He was never charged for those consignments. 1 A. They were put in free, out of the word consignment, so he would be credited. The only 2 3 4 5 6 7 Q. thing John would be responsible for is any batteries that were missing from his original consignment, yes. And hence the charges you just went over with me on those various invoices we just went through? Those would be purchases, yes, of batteries, urn-hum, or credits as they are designated on the invoices. And Ed pavlovic-- Pavlovic. I'll show you what we will mark as 3. 15 {Deposition Exhibit #3 marked for 8 9 A. 16 identification} Q. A. Q. 17 BY MR. RUSSO: 18 19 20 21 22 23 o 24 25 Are you familiar with Ed's signature? No, I'm not. Ed is our credit manager, but I have never seen his signature before. He doesn't sign my paycheck. That signature I know. Are you familiar with your company's letterhead? No, I am not. I have never seen ~~ I've seen our emblems. I've never seen this before, but mine comes in the form of a paycheck. But, yes, do the FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 o 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 o 24 25 " ~.,. -"t ._~, 1 2 3 4 5 Q. 6 7 A. 8 Q. 9 A. Q. A. Q. A. Q. A. Q. Exam./Russo - Mosnik 32 addresses look accurate on here? They sure do. Does it look like it's our letterhead? It sure does. I mean that certainly is Ed's name and that certainly would probably be his signature. Since you are not familiar I won't ask you any questions about that document then. Okay. So, in two and a half years of working for -- or give or take -- working for Mid-State, have you ever heard of anyone selling a used piece of equipment? At Mid-State? Right. Not that I have been made aware of. Have you ever heard of-- We sell new equipment is what we sell. We are not into used equipment. Normally your snap~on tool men and the other people in that industry usually sell used equipment. We sell new equipment. So, used equipment is sold within the industry? Right, it is at a reduced rate just like you would e~pect to buy a used car at a lesser rate than a brand new car. So, that tire and wheel changer had some value when it was asked to be returned, diminished value FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ~ ~,; Exam./RussO - Mosnik 33 o 1 2 A. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but it had some value? o In my opinion, yes, it has some value to it. MR. RUSSO, Let's take a short break. (Recess taken) MR. RUSSO, As far as I'm concerned we're done with you. Do you have any questions for him? MR. MOORE: No. (The deposition concluded at 9:5D a.m.) o FILIUS & McLUCAS REPORTING SERVICE. INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 iIMIt~ 34 o COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND I, Ann M. Wetmore, Reporter and Notary Public in and for the Commonwealth of Pennsylvania and County of Cumberland, do hereby certify that the foregoing deposition was taken before me at the time and place hereinbefore set forth, and that it is the testimony of: RAYMOND P. MOSNIK c' I further certify that said witness was by me duly sworn to testify the whole and complete truth in said cause; that the testimony then given was reported by me stenographically, and subsequently transcribed under my direction and supervision; and that the foregoing is a full, true and correct transcript of my original shorthand notes. I further certify that I am not counsel for or related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not interested in the subject matter or outcome thereof. Dated at East Pennsboro Township, Pennsylvania, this 14th day of August, ,,2,()01. ~~ Ann M. wet$O ,e . Reporter - Notary P"llblic 0,.,'.'" . (The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter.) FILIUS & McLUCAS REPORTING SERVICE, me. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 '> , "..J ~ ,,- .' ,. _H .,;-~ -- '. i-, c",,',' ',,',' , , J & D AUTOMOTIVE SERVICE 95 ENOLA ROAD ENOLA PA. 17OZ5 717-909-1400 TO MID STATE PRODUCTS I AM WRITING YOU TO INFORM YOU TO PLEASE REMOVE 1HE INVENTORY ITEMS THAT I HAVE STOCKED AT MY SHOP AT 1HIS TIME. PLEASE TAKE TIIE MONEY FROM 1HESE RETURNED INVENTORY ITEMS FROM MY BILL THAT I OWE ON PARTS RECEIVED. AT THE SAME TIME PLEASE REMOVE ONE TIRE MAcfllNE AND BALANCER FROM 1HESE PREMISES. I HAVE OIL FILTERS, OIL ADDATIVES, BRAKE SHOES AND PADS, TRANSMISSION FLUID, LIGHT BULBS, HOSE CLAMPS, EXHAUST CLAMPS POWER STERRlNG FLUID, BRAKE FLUID, AND INJECTOR CLEANER IN STOCK THAT NEED TO BE INVENTORIED FOR COST. THIS PRICE WILL BE DEDUCTED FROM MY BILL THAT I CORRENTI. Y OWE TO MID-STATE PRODUCTS. PLEASE BE ADDVISED 1HAT I HAVE TALKED TO MY ATIORNEY AND AM FOLLOWING HIS ADVISE ON THIS PROBLEM BE1WEEN J & D AUTOMOTIVE SERVICES AND MID-STATE PRODUCTS. FEELS FREE TO SEND ANYONE DOWN TO INVENTORY 1HESE ITEMS. C. I WOULD APPRECIATE IT IF YOU WOULD PICK TIIESE ITEMS UP AS THEY ARE TAKING UP VALUABLE SPACE IN MY SHOP. THANK YOU ~~lBACKENSTOES II _1/ ~ CC PHIL ZULLI o \ I....ON \ OEPOS," , ~ . E~~~tt~ \~ CD .0 o o GM~P~ MID.STATE PRODUCTS CORPORATION ? S ? h S t:; FRIENDSHIP INDUSTRIAL PARK DATE 1720 B, OBlIU DRIVE, HARRISBURG, PA 17014 C) t- \, ~ (717)939-1391 --, ToItF...(800)692-7476 ~,' i~~ ~!liii!T.l:J"'..#... ' . ~ ~.... <:::: "'/-L~" ,. e,.. eND QTY ~ ~ ~ MANUF. E PART NUMBER DeSCRIBE ITEM USE ABBRYS. 8 9 10 ON BACK 2 3 4 5 6 7 , , .I ~ / I ) (1 In /) -:l If) M , I) ~ gp I '):,) "2, & la f\I\" J(~Y'6' " P f) "'3 '7 0 M. ! rlo. ~<' R- P "h 4 III 1>4. x' Jt..2<: P 0 h ~ 'J '2.J1 '1 l(j \> Q I'D I l\ k:t M. .' I V. ~~ [(P~ ~ 01..:::- M ILl ~ ~ ~ 'v 1. vr; 'l'\ ,,) ;If (l IZ Ib :l c-!-7 v't It Ii 1'1<1 In I.. lD.iJri..A Q -r1.?1-J.- "Z ?/, /I J( \) ,\I (\0. c" I' -~ [Al.P. I ..,...~IL /' VI - ,k......; 1:1- lOt.!!). ~ /' 0. I\L 7 C, .,,\ t'.. I. JI) <;r II' 0<'.4.- ('(: !l +- It- ^..... J ? () e JJ..';I,ln ~ , '. . . :.. ... t . '. .. " . .. . ~ . ... . " . I' . . .. . ' :.... ". I . .. . ,,-,-,,--,. -' FOR CREDIT DEPT. ONLY RETURN AUTHORIZED BY: DATE: CAEDIT INVOICE NUMBER: , CHECKED IN BY: DATE: \ 'V; ';",'.. DATE: ", ,APPROVED BY: DATE: ISSUED BY: CUSTOMER'S COPY. RETAIN AS FIL.!= COpy , ~ ; DEPOSITION ~ EXHIBIT ~ 11 -1' - 0 I .40 11 . @ a J 0',,",,' " ' o 0 CMSP) MID.STATE PRODUCTS CORPORATION nr:t'"':""~.-7 FRIENDSHIP INDUSTRIAL PARK > / ))F.~. DATE 1720 BDII'Au DRIVE, HARRISBURG. PA 17014 ~1 Mv ~ (717)939-1391 - ToIIFree(800)692.7476 ~.l':WI! . NAME OF - ACCOUNT..:r-l" r; \' :I,,~ c' tr _<:1. c N 0 PART NUMBER DESCRIBE ITEM QTY o E E MANUF. USE ABBRV5. ~ ... f E 1 2 3 4 5 . 7 8 9 10 ON BACK ~n rI OmJ't'r J k ~ '1f k h 11___ Q .. I~ q I 6 J I/~ I~ h" ,.. I Go 4 :J. I J/ I ," .. \-2 ) (., b ..:J, J I, ') I 4 I') .:J. IV- '/ r., In N () '3 () "u.,1, /,.. '-, 'T ,J" i) ~ (::: . '3 0 1'2. ILv l'l C- 'I -, 1-:2, ~ I/. :9' ~. f~ '" L\ "" ' I -z. Ii '-J -, '7.- ) Q..... 1"1. \1,('1(<;0, IQ .., ,61 I, ... <l, fA .."69 L..) Q- Co; (pO TOTAL '. '" ~' , .: . .. .. .". j . .. . - . ... .. ~ .. ,. ., uFORCRE~:E~~~N.LY.' :~E:I~'NV~I:EN:M~ER; :. . RET\JAN AlITHOAIZEO BY: DATE: CHECKED IN BY: DATE: APPROVED BY: DATE: ISSUED BY: DATE: , .. CUSTOMER S COpy RETAIN AS FILE COpy I , ,'" .0 n "',....-" () CM)P) . - MID.ST ATE, PRODUCTS CORPORATION FRIENDSHIP INDUSTRIAL PARK 1720 BOBALI DRIVE, HARRISBURG, PA 17014 (717) 939-1391 - Toll Free (800) 692-7476 ;~y DATE conlifluously$lriv/flg .......... C N 0 PART NUMBER DESCRIBE ITEM QTY o E E MA.NUF. USE ABSRVS. . w F E , 2 3 4 5 . 7 . . 10 ON BACK I II CI~.L ,L V IZ 'b s q I Al ;,.. I 7-~ , I~ il ~ I c:; '3 c.j ~^ WI ~ 117 P h '''7, J.,. ~ fYI '" JC 7. CJ"') 12. P }) "'3 I s- I"" J J. q< !(2. p b 1- Lj ~ " J /< R.. p D c;- O 2- M I/G . Yo ~ Ip h I h {/ ,;., I ,... ~ ?../ (( If( "'l 2. ~ I M " !/D 90 fL '{1 '" :l- I., q /h .\1 L~ 5< D p ,..., < I /~ JI. /. ,6 e. () rh u {A I A fit .3 39 ) p r-.., t- ;J. -:z... 111 '} 176 . ') l? I") ;') e:.- 17 ~ .. II ~5 (? ::> !~ '5 D f\1 ;{'. Ie xc . FOR CReDtrDEPT.ONLV CREDIT INVOICE NUMBER: AETlJRN AUTHORIZED BY; DATE: CHECKED IN BY: DATE: APPROVED BY: OA : ISSUED BY: DATE: CUSTOMER'S COpy.. RETAIN AS FILE COPY I _ _ __ "-'~-7-_-' ,....---C".,-,,~=,-,--O-'=-=_....-. . ... o o MID-STATE PRODUCTS CORPORATION FRIENDSIjIP INDUSTRIAL PARK 1720 B,OdAU DRIVE, HARRISBURG. PA 17014 ~~ (717)'939-1391 - ToIIFree(800)692-7476. ~. . l'I:~~ I I....: . . · I.r.u: NAME OF "-!\ __ ACCOUNT::r...J. C'I I.. ~r, ~. .,~ '-...-'7/0/,,,,, _ C CM)P) o ?S?Gsn DATE '?' { Jc.1 tJ' . , C N D PART NUMBER DESCRIBE ITEM QTY 0 E E MANUF. USE ABBRVS. R W F E , 2 3 4 5 . 7 . 9 10 ON BACK /- ,\I LI c!{<'aI1 Q.13 'l II Q-I~ I I. TOTAL I New Returns WIll Not Be Accepted WIthout Prior Authorization. To Insure Proper Credit AI! Core, New and DefectIve Items Must Be Returned In Original Boxes FOR CREDIT DEPT. ONLY RETURN AUTHORIZED BY: DATE: CREDIT INVOICE NUMBER; CHECKED IN BY; DATE: APPROVED BY: DATE: ISSUED BY; DATE: CUSTOMER'S COpy - RETAIN AS FILE COPY , .0 o o I I CM)P) MID.STATE PRODUCTS CORPORATION FRIENDSHIP INDUSTRIAL PARK 1720 BDBALI DRIVE, HARRISBURG, PA 17014 (717) 939-1391 - Toll Free (800)692-7476 ') i:)r,,~ DATE &l(~ IV-c.. c ~ 0 PkR~ NUM"ER 'DE;SCRmE nEM QTY o E E MANUF. USE AS'SRVS. R W F E 1 2 3 . 5 . 7 . 9 10 ON BACK \ Irt I. ( 7 P b h 0- lD r- III I ? I) b t:; 6 g. th JI- .</6 '. '" p () D I..{ 'I \ D P 'b 1::2 I 7.. f\1 / '< ...,< Ip p h "1 ~ :, I (Y\ . 12 p b L:; :;2 1M q It-: It 0 ;') fA ~ ':;) 1M, '" ( n. 9:5 0 r:. b <; 0 J 1tl1 ',~, ,/,,' A -t:=..-. D 'b (I') 0 /.) . ;> :I "" ""2., 1 /;:, 1M. J b: () Q ) IJ "2, I;:; 3 M x. 'I. ~ ? (J r'J 1/ 0 I ~ ::JJ'] '?" " p 0- 1::> t:: /'" 2.. ~ 2 b I IR -z; , 1\1 /, :)::) - . _'0 .:" "t. .' . i . . . .jj .," . ,0 .. -FORCAE~DEPT~~N~Y . - :A-E~I~INV~I:E'N:M~ER: :, RETURN AUllIOFlIZEO BY: DATE: CHECKED IN BY: DATE: APPROVED BY; DATE: ISSUED BY; DATE: CUSTOMER'S COPY - RETAIN AS FILE COPY --- ---- -~--._~ - 0,,',' " , '. o n "-",' CMSP) MID-STATE PRODUCTS CORPORATION FRIENDSHIP INDUSTRIAL PARK 17~0 BOBALI DRIVE. HARRISBURG, PA 17014 (717) 939-1391 - Toll F," (800) 692-7476 . - ?5'-)GS'"" DATE <2/ 'l41f..!/ COfIt/nUOU$lysttMng "'~ C N 0 PART NUMBER DESCRIBE lYE'" QTY o E E MANUF. ~SE ABBRVS. R W F E 1 2 3 4 5 6 7 . 9 10 ON BACK I "- D_ / t -z. I U III It 3-; .S "S I 5 ~ 1 j) t? ,~ L. q~ , - ;:>. (J b '1 '7 " lV1 '0:2, :2~ ~ :> 0' ~ 4 LI 0 M ~ ) 7 ;~ ;, P l> d- r, & tt1 11. . '1G '(2 p ;) 1-:< ~ '-I .M ~ / ), 7~ Ii? 0 h ::J I 4 lin . D ~~ ~ J 'h Ij s- q /l1 .. D. /5 7 Ip h 4 Iv ~ ~ 1 J. ~ '- 1.0 h '2. IL- l,. 1M . /I ~ .:; ? Ip b ~ 1.0 ~ /11 .. r .'i '~ ? P f'> l:;-/ {,/ IIn ... J f"I 2< Q p J "2.. I.., '2 1YI ;) 0 I) ~12; Z; /J? 'j he J - ' d... ' "." :,:) ~ . . . :. ,i ... ... i. . ., . . .. .. ... .. ; Fo'fi ~cRE~rr ~;T. ~NL Y . . :R.E~I~' INV~I:E N~M~ER: ,:... ! RETURN AIJTHORIZEO BY; DATE: CHECKED IN BY: DATE: APPRovED BY: DATE: ISSUED BY; DATE: CUSTOMER'S COPY - RETAIN AS FILE COpy o o , ! I o (M)P) MID-STATE PRODUCTS CORPORATION FRIENDSHIP INDUSTRIAL PARK 1720 BOBALI DRIVE, HARRISBURG, PA 17014 ~ (717) 939-1391 - Toll Free (800) 692-7476 ~.]:~ "i ~'_"""""",rulc..oo;:<;, ,i ,,'::;?r:;l:in DATE -, {' ,J '0 fif*-W eND OTY 2 i, ~ MANUF. E PART NUMBER DESCRIBE ITEM USE ASBRVS. B 9 10 ON BACK 1234567 X ?Q ,1....1. ,) ) ? p P f q. DIO .J '- {(. R. 5 ql9 R P D.::;-q"P k /.J ~ II? P 56-9 Ie P 5' V I R-- f (>,- R.\l.1>UI"1(v\ (? R b .J ~ \ 1M 1I.;'.~ () 12.. l> ''1. ;1. 4 M /1/, II ~ P b '] (c-l/lo1 ~~c 'I, R. If '\') ~ t:' '1 Vn. ~liJ 9') I? r" b t;' tJ & ~ .,( [3, r. /0 ) (7 b ':J L\ 1 !m '$ I >l '0 ~ > $ /.\ ~ 0 fffiln.11 " 6.9"''- 1,9'<) . 9 lIt rd 7, _OT_.. ::.:.::~.~...~.)~" .;:~~~.,., '-----fOR--CREDiTDEP~.O~LY<-~-"' CRE'O;TINVOICENUMBEA: - - AETURN AUTHORIZED BY: DA.TE: ~"c :;':i..c~~- . CHECKED IN BY: DATE: APPROVED BY: ISSUED BY: 'i! 1 CUSTOMER'S COPY - RETAIN AS FILE COP,. DATE: DATE: I j if o o !; /~M)P) () MID-STATE PRODUCTS CORPORATION FRIENDSHIP INDUSTRIAL PARK 1720 BOBALI DRIVE, HARRISBURG, PA 17014 (717)939-1391 - Toll Free (800) 692-7476 eND PART NUMBER DESCRIBE ITEM QTY ~ ~ ~ MANUF. USE ABSRVS. E 1 2 3 4 5 6 7 8 9 10 ON BACK It e.II".b. 1 ~ fl f) /L:::~I~pfJ L/7 i e e ~PI ~fl S-v I~ e /L. u ult)! Q P I.{ I.{ I.., R P V <kl erJ t,- g. ~ R- (L {".f// ~IP f Lf "I :;1(2. P " (, (., I/. ~ '1 ~ /...f Il Ie.. 4 4 /, If (J ~ 7 J I" OTAL', /p ,f!,." .~.j, [). , . _., ,," , .:. i 4' 4' .. t' . .. . . . ... . ~ .- . .. t-. - , . :. ". .. ...:.. FOR CREDIT DEPT. ONLY CREDIT I~VOICE NUMBER: RETURN AUTHORIZED BY: DATE: ~, " CHECKED IN BY: APPROVED BY: DATE: DATf: ISSUED BY: )fJ j' , / '4> f<) /9, ,3 () ,. , I: ~ :Ji) " IJG, ...35 J ,I ~ .. G J1-< ~ 15._~ v ,; $! 9< ., ~D 6- VD,Vr ~ Jf7.('5' ,j", I 'rJ. ,t) " DATE: CUSTOMER'S COPY. RETAIN AS FILE COpy -0 o o M P MID-STATE PRODUCTS CORPORATION 244580 FRIENDSHIP INDUSTRIAL PARK DATE 1720 BOBALl DRIVE, HARRISBURG, PA 17014 R"- ~""-~ - '0-0, . ," .. '.1:~.8 - ~~~6~.:'T .-F ~ }') ,.-G- . - "I'; Jf' ,'C:.r:Y't.IJ-c P C N D PART NUMBER DESCRIBE tTEM aTY o E E MANUF. USE ABBRV5. R W F E 1 2 3 4 5 6 7 8 9 18 ON BACK } ) >-=.. . --, , 1/ ? .J7 - I~ .,.... ''7 , -:; 'n C -r<. '\( " / '- J e: -) - /- 7) 'J --::; <:; '- ~ r, / ::... H C. () V - / '.::: C -- -:: n ..-:: \ ~ . ') "7 r-: - ,.- "- - .-J' . / 7: c-: "'" " .. ...' ....".J - ',..., I )! ..::; J<? f.- ~ 7'; 1""'" IJ )( P ~, -.. ') e- It... --- C> I - '~ . - ~ . . , . .:. i .... .... . .. . - . . 01' .. I .. FOR'CRE~rr~E~~~N'LY . . :~E:I~INV~ICEN:M~ER: :. RETURN AUlllORIZEO BY; OATE: CHECKED IN BY: DATE: 1../ / , APPROVED BY: DATE: '7~ L 4 /r/'/C/ . ,/., , CM2V CUSTOMER S COPY RETAIN AS FILE COpy 7CC',,~-==_=~"_-"-'_= . .. '. "__'~'_ ",,-, , ._,.'^',-----_. , -~,,-".,"~. ,"'''''''--'' ">- ,-" I o o n t. <M5V MID-STATE PRODUCTS CORPORATION ? Ll Ll C; Ii 1 M FRIENDSHIP INDUSTRIAL PARK DI>.,E " 1no BOBALI DRIVE, HARRISBURG. PA 17014 <""'::: ""%;::::::::'" (717) 939-1391 - Toll Free (800) 692.7476 r; - 3/-0 (] f~~~~:~~,~~ C N 0 PART NUMBER DeSCRIBE ITEM QTY 0 E E MANUF. use ASBRYS. R W F E t 2 3 4 5 6 7 6 9 to ON BACK ) Ix f:'"-.j ~, ""/'r ~ 1<;0 ./ ( , ~ 1..- ...1 I'-C .. , I TOTAL , FOR-C~E~rT~E~~~N.Ly . . :R'E:rrINV~I~EN:M~EA; ;. AETURN AUTHORIZED BY' DATE: I CHECKED IN BY: !J/ // DAm "/ 'sA~7 d"P/.tJ:;.I CUSTOMER'S COPY /RETAIN AS FILE COPY DATE: APPROVED BY: -. of,' i . () o o ~ MID-STATE PRODUCTS CORPORATION FRIENDSHIP INDUSTRIAL PARK M 1720 BDBAU DRIVE, HARRISBURG, PA 17014 ~ (717)939-1391 - ToIIFree(BOO)692-7476 . - DATE c;?lJd~ C N 0 PART NUMBER DESCRIBE ITEM QTY 0 E E MANUF. USE ABBRVS. R W F E ., 1 2 .3 4 5 . 7 . 9 ,. ON BACK J I( Ii) I I - (p IYJ rl R.. i ~> ' '1 ,. ""'" JJ..{Z I I I I 1<:).- It? :0 Co 9 '1 <- 5 S;( 17 p 0 .3 7 v I >> f LI 1 U IR :J .. JC) ,J~ ,. Ii;- J ILl Ip (,J "il 1"1 b "- ,. 5 <- 3 If' /) L ~ i} :<x () , II. q I~ Ip P 12 /' 11 ". '. .' k e; ~ D D . I/~. ~ k q 1 ') P oJ I~-( ; I. J~ 'J Iq I.e. p n.&' '5 - I. I<- I.J r~ Ip p 4 ,b.i ~ I . 5 g- &" :> 75 .. J f1. l~ / - I IP () It? , II, ~ '7<, 5 - ," I/~ ~ (p rR fP / . It I~ ~ '.. "," H.', ..3.. ", '. ,,,"',', ...., ..;. . '. . . . -. -. . I "'~ -' "-"",~. -:G;~~tT;tiePT~OiLY~--':"'-'-" -, - - i6~EDIT-INV~ICE-NUMBER:-- :.:- - '- ,- ---, -- ,- I RETURN AU'THORlZEO BY: DATE: 1 l -~~. ~ - -~~ - - " ~'~i'-,' M,.,tN OFFICE, 1720 Bobali Dr. 580 Broad St Chambersburg, PAl 7201 (717)264-3347 (800)237-7972 Fax (717)264-2429 4913 Jonestown Rd. Harrisburg, PA 17109 (717)651.9501 Fax (717)651.9504 180 Silverspring Rd. Mecbanicsburg, P A 17055 (717)790-ll240 Fax (717)790-ll239 '~ John B. Backenstoes II J & D Automotive 95 Enola Road Enola, Pa. 17025 September 1, 2000 John: In response to your letter requesting that inventory items be Cr removed from your shop, Mid-State Products return policy is as follows: All items being considered for return must be submitted to us in writing on a return authorization form. All items being considered for return must be in good saleable condition. Mid-State's credit department will review the proposed return and determine whether the merchandise will be accepted for credit.If credit is approved, you will be notified in writing. All merchandise returned for credit will be assessed a handling charge to be determined at the time of approval. ; . ij ! . . Ii! t 2 DEPOSITION EXHIBIT 'K -&'-0 I ,4.v.J c Sincerely yours: Llu-~~ Ed' Pavlovic Credit Manager @ ~... , , ~ Mid-State Products Corp. v. John Backenstoes II d/b/aJ&D Auto Services # o 1/119:10 1/220:18 1/331:15 $ $1,80011:11 $200 11:12 $31,00011:22 $400 11: 11 $530:19,21 $7,000 10:20 1 119:13 10016:20 11 20:23, 24: 30: 13. 22. 24 12 30:11 1414:20 19984:17 2 c 2 20:21: 22:6; 23:5; 25:6, 6: 27:7: 30:6 200027:13,14; 28:5 2001 24:1 24458021:8; 30:7,9,14 244581 21:8; 30:9,16 2nd4:17 ~ 331:14 30th 23:7; 28:5 31st 23:9 3527:12,12 3M 5:5, 9, 10 4 424:13 s o 50515426:13 51251028:19 527695 29:20 5th 23:25 7 70DT 28:25 70DT-50 27:11 70DT-50's 27:11 75.1;0 28:25 8 8/31 27:14 865:10 8th 27:13 9 925:10 99 10:13 9:5033:8 A a.m 33:8 ability 4:9 able 8:2 Absolutely 15:20 accept 23:18 acceptable 10:10 accepted 14:15; 30:22 account 6:3: 15:20; 24:20,20: 30:21 accounts 24:21 Accu-Turn 6:18, 21, 22; 7:12,17; 17:9 accurate 11:15,18, 22; 32:1 actually 8:18: 14:16; 24:16 addresses 32:1 adjustment 29:23 advantages 7:21 advised 11:10: 16:12 affiliate 14:10 again 11:17; 28:18 against 18:1; 21:21: 24:19: 26:7, 8; 27:24; 30:21 ago 10:4 agree 30: 11 agreement 12:17; 29:11 ahead 13: 19 alcohol 4:5 almost 15:10 always 11:9: 23:2,11 amount 10:1; 12:9; 17:4 apologize 19:7 application 13:1 applies 3:22 approval 25:8; 26:4 approved 21:16: 23:14; 25:3 April 12:20, 23, 24; 15:3 around 12:16 arts 5:16,17 assert 9:16 associate's 5:15 attached 20:23; 26:11 attention 5:21; 26:14 August 11:5; 23:6: 28:5 authorization 19:21,22: 21:4: 24:23; 25:7: 30:14, 16 authorizations 20:24, 25; 25:14, 18,22,23 authorized 20: 1 0 authorizing 24:7 Auto 14:10,11; 18:19 Automotive 6:2 available 14:10 aware 9:20, 22; 19:4; 32:14 B back 8:22; 10:12; 13:25: 17:4,9,13,19; 20:1,1, 3, 5,14; 21:5, 18; 24:16, 19, 24; 25:5, 6: 27:16; 28:5, 10; 30:6, 22 Backenstoes 5:24,25; 6:14,23; 13:4; 15:19; 16:18; 25:12 backer 9: 14, 16 background 5:14 bad 29:15; 30:2 balance 8:4, 5 balancer 6:6; 10:23 balancers 6:20: 8:3 banks 14:22 based 8:7 basement 24:12 basically 15:9 basis 20:7; 22:9, 17: 28:7 bathroom 4:1 batteries 21:12,13, 13; 22:15: 26:19, 21, 25; 27:4, 5,16,21,25; 28:2, 8,12; 29:4,13,14,20: 30:5,11, 13,24:31:5,9 battery 21:7,8,10; 27:20; 29:6,9,25; 30:3, 18, 22 becoming 15:15 beginning 24:2,4 begun 24:8 believable 15:5 beside 29:22 better 28:21 big 15:16 bill 21:21; 24:17 billed 28:1,4,11 blades 27: 1 bought 7:21; 15:8 brake 21:15, 15; 22:18, 23; 26:25; 27:1 brakes 22:14; 25:3 brand 6:21: 17:1; 32:23 break 3:23, 25: 29:17: 33:3 brochure 7:19 Filius & McLucas Reporting Service, Inc. Min-U-Scriptli> ~~ , brought 7:6,15 Bruce 16:13,22: 19:5; 21:17 bulbs 15:13 business 8:23:9:11; 14:24: 15:4; 16:11; 24:14, 16; 29:16,16,17 buy 32:22 c calculate 10:8 call 14:13,13: 26:14 called 3:8; 6:22 came 8:15: 21:24 Can 4:12;7:14:8:2,4;9:4; 10:7,8; 14:13, 22; 19:14; 22:5; 23:24; 24:20; 25:6 cancelled 19:25 car 17:2,3: 19:24: 32:22, 23 care 28:3 case 23:20 cash 12:6 Casher 16:13, 23; 19:5; 21:17 caused 4:25 certainly 32:3,4 certification 3:4 Chad 14:7; 28:20 change 8:2, 6 changer 6:5, 9, 10, 19: 8:14; 16:10; 32:24 charge 15:21,24; 16:1 charged 26:20,22; 30:19; 31:1 charges 30:5: 31:7 check 17:10 checked 30: IS, 17 checks 20:2,4; 21:23; 22:11 chemicals 21:15: 27:2 Circuit 4:19, 25: 5:7 City 4:20, 25; 5:7 clamp 7:9 clamps 21:16 clear 3:16 clearly 10:3: 11:7 client 14:3 clients 15:25 close 6:16 Coats 6:22, 23; 7:1, 8 collection 24:3,8 collectively 7:24 College 5:18 coma 24:12 commenced 23:6 commencement 23:13 Community 5:18 companies 14:23 company 14:1,4,5,9; 17:16; 25:11 , """'''''"''''.~-'''~l:I.1M'~'''''''(O",'j,U'''"''"''_~'' Raymond P. Mosnik August 9, 2001 company's 31 :22 compassion 24:14 complaint 12:25; 26:10; 28:18 concerned 33:5 concluded 33:8 condition 27:21; 28:3 confusing 24:2 consignment 21:7, 9,11; 26:20: 27:5, 17, 20; 29:6, 8; 30:12; 31:3, 6 consignments 28:16; 30:23; 31:1 contingencies 9:17 continuation 15:10 conversation 12:14; 16:12,16,22; 18:4; 19:4.8 conversations 18:6,15 copy 14:16 core 20:3: 22:23; 30:17, 18,20 cores 15:12 Corporation 21:13 counsel 3:3 count 30:13 couple 14:25; 23:9; 26:25 court 3:14 creates 16:25 creating 6:2 credibility 16:5 credit 5:15; 15:23: 16:2, 3: 24:9, 19; 26:7; 30:3, 21, 24; 31:19 credited 31:3 credits 31:10 customer 5:4, 25; 8:5; 15:8; 19:23,25: 24:9; 27:19; 30:1 customer's 28: 13 D D 6:2; 15:15: 18:19 daily 19:23: 20:7; 21:4: 25:18 damaged 27:23 date 9:4: 27:13 dated 23:6 day 13:17 days 14:20 dealer's 17:3 December 4:17 decided 7:25 decision 23:17 defective 20:2, 2: 29:25 degree 5:15 Deposition 19:10; 20:18; 31:15; 33:8 designated 31:10 desk 22:20 determine 8: 11 die 29:15 (1) #1 - die j;,'illilNU,-",s",;,:,'Jiu:L,,, '.,~",'I< ,,' ...th;~,.:;;'~ ~.t;;","U-"'.;L',-,~i.j, ", ,"','; ';w,_"o,~'ci",-,-\,,, >L<:1j',"':'.'G":~,; c~Iitliii,..!!Hlilll!!l;jMW;mwl'~~,\\>,",""'~\"""oJ&~~'iitll'"I-e,~~t~",'w,~,'_i,"",, 1,,";~,,-,,",.,g_~,:_~'4!!1il.lil"'~~"''''''''''' _ .". Raymond P. Mosnik August 9, 2001 died 24: 13 difference 15:18 different 6:19; 7:14, 20, 22; 8:2, 3, 3, 4,16; 13:10, 14; 20:6 difficulty 9:12 dilemma 16:25 diminished 32:25 diploma 5:16 Direct 5:21 discretion 20:13 discuss 17:22 discussed 8: 14 discussion 9:7: 13:1 document 32:6 dollar,s 25:3 done 4:16; 11:24: 13:24; 20:11: 33:6 down 3:15; 11:14, 14, 20; 24:12,17: 29:7 drive 17:2 dropped 27:23 drove 17:5 drugs 4:5 duly3:9 du,ing18:13 E earlier 27:6 Ed 31:12, 19 Ed's ,11:18; 32:3 educational 5:14 efforts 24:8 either 28:12 else ,:1:14; 25:1: 28:14 emblems 31:24 employees 18:16, 18 end 15:15; 21:6 ended 7:25 entitl"d 30:24 equipment 7:3, 5,6,7: 9:15: 10:23; 11:25: 12:7; 13:19: 16:23; 17:1, 2,7,8, 11,14,15,17,24:32:11, 16, 17, 19, 19, 20 espel:ially 29:13 established 16:3 estimate 14:19 estimated 10:9 even 11:13 exact 11:4 exactly 14:25: 23:22, 24 EXAMINATION 3:10 example 22:19 except 3:5 exchange 20: 16 execute 14:17 Exhibit 19:10,13: 20:18, 23; 22::6; 23:4; 25:5, 6: 26:12; 27:7: 30:6,14; 31:15 died, - MOSNIK. (2) exhibits 26:10 EXI21:7, 13; 26:15,15; 27:4 expect 32:22 explained 7:19 explanation 29:2 F fact 17:18 factor 10:7 factory 7:15: 8:10 familiar 11:13; 31:18, 22; 32:5 far 15:22; 25:9; 33:5 fast 14:22 faxed 13:25 February 12:24: 15:3, 4; 16:4; 23:25 feel 3:18, 24 fell 24: 11 felt 16:7 figures 11:5 filing 3:4 filled 13:20; 14:18 fills 19:25 filters 15:13; 21:15: 23:2: 25:2; 27:2 finances 13:24 financial 15:17 find 8:5: 14:14 Fisher 18:21 five 22:14 flap 22:19 flaps 22:22 focus 6:8 follows 3:9 form 3:6; 19:22; 26:5, 6, 9; 31:25 forms 19:21: 25:22, 23 forth 13:25 four 11:11,12 four-year 10:6; 11:19 frame 9:4: 12:18: 13:7: 15:1,2 free 3:18, 24; 30:1; 31:2 front 11:1,11, 16: 14:12; 26:9 future 26:7,8 G garages 12:6: 29:16 gave 11:1; 12:16; 13:8, 13,18; 29:3 gentleman's 24:11 gets 29: 14 given 12:8 Good 5:3: 15:22; 16:2: 27:21 granted 16:1 < .~,,', ~. . ..,,~^ ~.._ 'l""'''''''_'''''"''> '" ~.,,".. Mid-State Products Corp. v. John Backenstoes II dlb/aJ&D Auto Services look 6:11; 30:13; 32:1, 2 looking 11:19: 21:21; 22:13: 26:10 looks 26:23, 24; 27:2 lost 21:25 lot 12:6; 17:3,6 grease 27:22 guess 7:4 guys 8: 1 H half 4:22; 5:8: 6:16: 10:4: 32:8 hand 5:22 happen 27:14 happens 14:21; 26:19 Harvey 7:17: 9:5; 13:11, 15; 14:8 head 6: 13 heard 32:10,15 help 24:16: 28:21 hence 31:7 here's 22:22 hereby 3:2, 5 high 5:16, 19, 20 himself 21:17 honored 21:1 hot 29:14 hours 5:15 humanitarian 24:14 I identification 19:11: 20:19; 31:16 identify 19: 14 identifying 28:21 impair 4:8 including 12:13 industry 32:18. 20 influence 4:4 information 8:19, 22; 9:1; 13:21, 22: 14:12 initially 6:1 installed 28:12 interruption 15:7, 16 into 6:11; 12:22; 28:12; 32:17 Intrieri 24: 11 inventories 19:18 inventory 6:7, 8: 19:1; 20:8; 21:6: 22:2,13; 24:24, 25; 25:20; 29:8 invoice 9:2; 11:9; 26:13, 22; 27:13,15, 25: 28:19; 29:20; 30:7 invoices 11:6; 31:8, 11 issue 24:9 issued 24:19 item 16:17: 17:23; 18:5, 17,22,25 items 22:12; 26:17; 27:5, 9 J J 6:2: 15:15; 18:19 job 4:14: 19:25 John 3:13; 5:24, 25: 6:1; 7:19,24; 8:18; 9:2, 2, 11, 21: 10:10: 11:2,8; 12:8; 13:18,20,25; 14:15,16, 24; 15:7,8, 11,20,20,22, 23; 16:8,9,18,24; 17:22, 24; 18:24; 19:16, 23; 21:4, 19,23,25; 22:7,12, 17; 23:2: 25:1, 12; 27:19: 28:9; 29:5,15,25: 30:12,18; 31:4 John's 6:3: 8:9: 13:23; 18:16 June 27:13 K keeps 29:15 kept 15:10 kind 7;7 Kirtland 5:18 knew 11;18 knowledge 24:22 L Lakeland 5:18 last 9:6: 10:15: 16:15; 17:25; 18:10, 14; 19:9: 30:6,7 lawsuit 6:4 lease 9; 13, 14, 15. 20; 10:1,17,21; 11:16,19, 21; 12:17; 13:1; 14:15,17,19, 23 leases 11;24; 14:10 leasing 9:7; 13:25; 14:4, 4,12 least 18;2 left 24:13 legal 15:15; 18:1; 21:20; 23;22 less 28:23 lesser 32:22 letter 19:17 letterhead 31:22; 32:2 letters 23:12 liberal 5:16,17 lines 26: 15 list 27:16 listed 26:13 litigation 23:6, 10, 13, 20, 25; 24:4 living 29:19 local 4:23 long 4:16, 21; 5:6,7: 14:18 longer 15:25 0',',",' 1',-; J M machine 7:10,10,13: 8:7,12; 9:8; 10:24; 22:2 machines 7:20, 22: 8:2, 16,17 mail 22:1 management 20:10: 23:17; 25:3, 7: 26:4 manager 4;19: 31:19 manufacturer 17:8 many 6:19; 11:24; 15:24; 16:14; 18:6; 20;3 March 12:14,15,16,20, 23,24: 15:3 mark 19:13; 20:21; 31:14 marked 19;10: 20;18; 26:12: 31:15 master 27;16, 25 matched 27:24 matler3:13; 6:4 matters 5:21 May 12:20,22 mean 6:15; 10:19; 11:1, 6; 16:23: 23:21; 32:3 meaning 12:20 means 30: 17 Mechanicsburg 4:24 medication 4:5 men 32:18 merchandise 15:9 Mid.State 4:14: 5:1, 4; 11:7; 14:1,7; 18:18: 19:17; 21:12: 22:3, 4; 29:16; 30:22: 32:9,12 Mid-States 20;13 might 9:12 Mike 24:11 mind 11:4 mine 5:4; 24:20: 31:24 missing 26:19: 28:1, 8, 13: 29:9,10: 31:5 model 6:9 models 7:12, 14, 25 money 15:25: 17:5 month 11:11,12; 24:13 monthly 10:9: 11:15: 12:9; 15:24; 16:1 months 12:12,21; 14:25: 16:14; 24:1 MOORE 24:2: 28:22: 33:7 more 3:25: 18:8,9; 28:23; 29:5 morning 4:4 MOSNIK 3:8 () o ~ d.. Min-U-Script@ Filius & McLucas Reporting Service, Inc. fin -~ "P . Mid-State Products Corp. v. John Backenstoes II d/b/aJ&D Auto Services ~ ~J Most 14:22 Mostly 6:21; 21:14 motor 25:2 Motors 6:1; 15:7; 16:6 much 10:3; 11 :20 muffler 21:16 must 29:25 myself 11:17; 1,2:1 N name 3:12; 7:17; 24:11; 32:3 names 6:17 nature 4:6 need 8:4: 13:22; 22:13, 14,14,15; 28:17; 29:11 needed 15:13; 22:21 needs 8:7; 15:12 negative 29:22 new 9:11: 16:25; 17:1; 30:15; 32:16,19,23 normally 20:11; 32:17 notice 29:22:30:15, 17 Number 21:3: 22:6: 28:19; 30:9, 14, 16 numerical 28:23 o o objections 3:5 obtained 14:6 obviously 15:17 off 6:13; 17:2, 5; 22:19: 27:6; 28:8, 16: 29:9 offering 6: 14 office 14:14 offset 19:19, 20 offsetting 20:11 Ohio 5:18, 19, 20 01125:2 0Id4:12,13;7:10 once 6:3; 17:7 one 7:12; 12:3,4,20; 18:3,8,9; 21:3; 24:9; 25:5; 27:11; 28:21, 25; 29:5, 22; 30:1 only 16:3; 24:18, 20, 21, 22; 31:3 opened 14:24; 15:3 opinion 33:2 opposed 24:3 options 9:9 order 13:19; 19:24: 20:8; 26:23,23,25; 27:3: 28:23; 29:7 ordering 20:7 orders 19:19,20 original 31:5 ours 5:25 out 5:2; 6:1, 3;8:5: 11:7; 13:20: 14:14, 18; 15:8; o 20:1: 23:12; 25:2; 26:22; 29:17; 31:2 over 6:3: 24:3; 29:14; 31:7 own 5:12; 6:2, 3; 21:11, 12 owned 5:12; 21:13 owner 16:13,22; 19:5; 21:17 p pads 21:15: 22:18; 27:1 pages 26:12; 30:7 paid 14:2; 16:8 paint 27:23 part 6:5; 20:2 particular 30:3 parties 3:3 parts 19:24,25; 20:4, 7: 29:17 Pavlovic 31: 12, 13 pay 9:14, 16: 12:6; 22:9: 24:17 paycheck 31:21, 25 paying 22:8 payment 1 0:9; 11: 14; 22:1 payments 11:15 pending 3:24 people 32:18 percent 16:20 personal 13:23 Personally 12:1; 13:8 pet 5:12 Peter 3:12 picked 28:5 piece 32: 10 place 8:23; 16:10; 19:8 please 3:18, 24 point 6:24; 8:13; 9:12: 10:11,12: 15:21; 16:9, 24; 21:19,22 policies 20:9: 25:10 policy 20:14, 15, 16; 25:25: 26:3; 29:23 poor 24:15 position 15:17 positive 7:8 possession 9:3 possible 27:4; 29:5 Postal 21:23, 25 preferred 9: 15 present 8:16 presented 11:2 presume 3:21 prelly 14:21,22 previous 7:2 price 8:13: 9:17; 10:8, 17: 12:8,9,17: 13:13 prices 8:15: 11:1 pricing 9:1 Pride 14:10, 11 prior 7:5 private 13:21,23 probably 14:20; 32:4 problem 9:13; 16:7 proceedings 18:1; 21:20: 23:23 process 23:11 produced 9:1 product 13:13: 14:2; 24:10 Products 11:8: 14:7; 20:12,17; 22:3, 4: 25:12, 15 promising 14:21 provide 13:4 provided 9:21: 13:2 purchase 7:3, 15; 10:8; 14:5 purchased 7:5 purchases 21:4; 26:7,8; 31:9 purchasing 7:25 put 11:14, 20; 28:10; 31:2 Q quickly 14:22 R range 10:20 rate 32:21, 22 Ray 3:12 Raybestos 22: 14 RAYMOND 3:8 reading 3:3 really 5:21: 15:6 reason 8:25; 11:4: 23:13: 24:7; 28:14; 29:10 rebuilt 20:4 recall 10:17; 16:9; 18:20, 21 receive 30:20 received 11:8; 22:3; 30:2 Recess 33:4 recommend 8:6 records 6: 11 reduce 21:21 reduced 32:21 refresh 11: 17 regarding 18:16 registered 21:23, 24; 22:1,11: 23:12 relevant 25:19 remember 6:17; 8:9; 10:1,3; 14:7; 9,11; 16:19; 17:10 remotely 11: 13 removal 16:17; 17:23, 24: 18:4, 16, 24, 25 remove 16:10: 19:17: Filius & McLucas Reporting Service, Inc. Mia-U-Script@ ,. ~ - ~ ~ 21:10 removed 16'24' 21'14' 26:18: 27:20,'30;23' . removing 18:22 reorder 22:25: 29:4 rephrase 3:19 replace 24:25: 28:17: 29:9, 11 replacement 30:2 represent 3: 13 representative 5:10: 7:16,24; 8:11 representing 25:11 represents 7:16 request 21:5 requested 15:23; 16:13: 21:19; 23:5 requests 19:18 requirements 8:1, 9 resellable 27:21: 28:2 reserved 3:6 respective 3:3 respond 22:7 responsible 27:19: 28:10,15: 29:8; 31:4 responsive 22: 5 retail 5:2 retain 11:4 return 19:20,22: 20:9, 24,25: 21:3; 24:7; 25:14, 18,21,23,25: 26:3; 30:9, 14,16 returned 26:17, 18;27:5, 6,8,10: 32:25 returns 23:14; 26:6: 30:20 reverse 25:25 right 8:12; 16:5: 23:19: 25:12; 26:16: 32:13, 21 rim 7:9 Rob 7:17, 19;9:5; 14:8 Robert 18:21 RUSSO 3:11, 12; 19:12: 20:20: 24:5, 6; 28:20, 24; 31:17: 33:3, 5 s sale 6:15 sales 4:19 salesman 4:15, 19; 25:10,11 same 13:17, 18; 15:10: 17:1,4,7; 29:2 scenario 20:6 school 5:16, 19, 20 sealing 3:4 seeing 15:11 seem 11:22 self-employed 5:12 sell 6:20, 22: 17:14: 29:5: 32:16,16,19,19 selling 29: 13; 32: 1 0 .-...,-..~."...i"'~I~~"", s~""_~; Raymond P. Mosnik August 9, 2001 send 23:3, 12 sends 20:1, 1,3,5 sent 17:13; 19:16;21:23; 22:2,10; 23:5, 16; 26:22 Service 21:24, 25 Services 18:19; 20:17 set 15:20: 20:11: 22:18; 26:25: 27:1 sets 22:14 seven 14:20 sheets 20:23 shelf 28:9,11,13,16; 29:10 shoes 21:15; 22:23; 27:1 shop 6:24: 21:11; 29:13 short 33:3 show 19:13; 20:21; 25:5; 26:11,13; 28:18; 31:14 shy 5:15; 11:22 sign 31:20 signature 31:18, 20, 21; 32:4 signing 3:4 sit 12:10 sitting 22:24; 30:19 situation 14:23 Six 5:15; 24:1 size 8:3, 4 slip 27:14 snap-on 32:17 sold 14:2: 17:15, 16; 25:12,15: 32:20 someone 19:18; 26:21 someone's 24:19,24 sometime 18:13 somewhere 6:12: 10:19 sorry 30:7, 9 sound 11:13 South 5:20 speak 24:21 spells 11:6 Spring 9:6: 10:13, 15; 12:12,13,18 springtime 12:20 standard 7:13; 20:9 standing 15:22; 16:2,3 started 12:14; 18:1; 21:20: 23:10, 20, 22, 24 statement 9:18 status 13:23 stenographer 3:14 steps 24:12 Stevenson's 24:10 stipulated 3:2 STIPULATION 3:1 stock 23:2; 24:16, 18; 27:3 stocking 24:24, 25; 25:19; 26:23, 24 stop 4:1 store 4:23; 5:12 strike 25:21 (3) Most - strike ~i!(:!iliJM!"llliiJ6~,~,_ q' ,,,,,;,'-',"c::,,,,c;,_,A,.,,,n,,,,,,<_,,;'- '-;!;"'_"C:,L.;"~~""_ ,':"1":;;,,;,-,,,;,, ; ",;dN''''A~~IiliJ'I!~iWB~!,J,\f.:W1''%>WA~,"J~~,",.bY0i*",_od,'~M_'''''''''~~lI~j1''4,"""~,,=""'" ~ ~- h Raymond P. Mosnik August 9, 2001 Mid-State Products Corp. v. John Backenstoes II d/b/a]&>> Auto Services 10:3: 11:6,9; 12:18; typically 21:1: 22:12 X ;16:6 7:10 U ect6:4; 25:7: 26:4 X 22:15 ec:ted 20:9 Urn-hum 10:16; 12:2,6, mer 16:14; 17:25; 18; 13:3, 9; 23:8; 25:13: y , 13; 19:9 28:7; 29:1, 7; 30:10: 31:10 mertime 29: 14 uncraled 17:12 Y 22:15 osed 22:2,7 under 4:4; 21:6 year 6:16; 9:6: 10:3, 15; 6:11; 12:9; 16:20; up 7:25; 9:1: 11:1, 11; 11:5; 15:4: 16:4, 15; 17:25: 32:1,2 13:19: 14:24; 15:4, 12,20, 18:10,14: 19:9; 27:13; 25:4 25: 19:24; 22:20; 23:17; 30:1 re 21:24 27:24; 28:5 years 4:13, 22: 5:8; 10:2, rn 3:9 upper 20:10; 23:17 2; 11:12, 12; 32:8 usage 25:19 York 4:24 T use 17:7:22:18: 29:4 used 16:23,25; 17:3,8, 97:2; 10:12, 22; 11,12.14,15.16; 22:21, 13:7: 15:1, 2; 18:21 23; 26:7, 8; 30:18; 32:10. 25:25 17,19.20,22 22:19 uses 19:23; 26:21 hone 22:20 usually 32:18 9 18:3 V 10:6.7; 12:13: 15:25 s 9:20; 10:1; 11:10, value 17:1; 32:24, 25; h.d 3:9 33:1,2 lony 20:25 various 7:12; 31:8 28:14 vehicle 28:13 ing 18:11 via 21:23 8:17; 10:2: 11:18; ; 29:20: 30:7 W year 10:6 : 5, 8, 10, 19; 7:9, 10; waived 3:5 10:23,23: 16:10; 24:10; 32:24 wants 8:5: 14:1 8:3,4 water 3:25 17:5 wear 29:17 y 3:13:4:8;8:20; week 15:11; 22:22 10,11; 20:25; 29:18 weekly 15:12,21,24; ther 23:3 22:8, 17; 28:7 :II; 1l:1O, 21: 15:3; weren't 16:7 16; 23:4: 27:6 What's 5:14; 26:12 6:2; 19:8; 24:16 wheel 6:5, 19: 8:3: 32:24 2:17 whole 16:25 :13; 26:14 wife 24:13, 15 10:21; 11:21; 25:3 Willoughby 5:20, 20 1120:12 wiper 27:1 25:2 wish 28:20 :7 within 12:13,18,25: 13:7: 19 14:20; 27:9: 30:1; 32:20 116:19 witness 3:8 28:12 wondering 5:11 d24:3 word 31:2 21:25 words 3:16; 25:1; 27:22 .i:22; 5:8; 9:9; 21:2, work 8:18: 28:16 :10,14: 26:14; 27:1, working 5:5; 16:6; 32:8, 9 30:5,6; 32:8 works 14:8 15:25 Worley 6:1: 15:7, 18: 16:6 11:24; 27:3: 29:6 worth 17:1,4 6:19 write 15:12 8121:3 wrong 19:24 stuff 15:13 style subj subj sum 18:10 sum supp sure 18:6: swap swo swo talkin 12:4: talks tear telep tellin term term 21 testif testirr theft think three 12:21 three- tire6 8:14; 22:1: tires titled toda 12:5, toge told 9 19:6. took tool 3 top 6 total totall trade trial 3 try 3: tryin~ turn turne twice Two/. 22;22 4,11; tying type types typic stuff. York (4) Min-U-Smpt@ Fllins & McLucas Reporting Service, Inc. ,,_~ "' ~_ ^ m ,""","~""','4'" """",'~ ~,~"__ v~,~, ~~~~",.'T^'''',~~~ '_.' ,_" _ "jOc""" ." ,~,~ ~ _."~ <" 0', ,:;:; -" o o ,~ we; ,; "-' . .w.'_~~~-'_,_""",,",-,~~ :o.iF: o Lawyer's Notes Cl 0,' c. )z '. ; ";,";,' \,.1" f , MID-STATE PRODUCTS: CORP., Plaintiff v. JOHN BACKENSTOES, II, d/b/a J & D AUTO SERVICES, Defendant -'~ ,'.', '-d. C _''- <- ,,~ <" ~IOH', IN THE COURT OF COJv1MON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01-0712 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of August, 2001, upon consideration of Defendant's Petition to Strike and/or Open Default Judgment, and of the briefs submitted by the parties and the record established pursuant to the order of court dated May 31, 2001, and following oral argument held on August 29,2001, the petition is denied. 1. Chad Moore, Esq. P.O. Box 61107 Harrisburg, P A 17106 Attorney for Plaintiff Peter 1. Russo, Esq. 5010 Trindle Road Mechanicsburg, PA 17055 Attorney for Defendant :rc , BY THE COURT, 1. ~ ~ <(_31-DI r+. \ ..~~ ,. " - < ---'--' '~:l'~,--' ;_~~.,iH~~Mio.W~~~ihili.'j"i&;,Fio-;\_.l:~Il~i'oIlii'" ""~l:&l":'~'~';_r-~-- ~"'\';f'!l_~ ,"'.... ~k~,-,- u-,.~ ",rtJH"JJ.4il", \llh\\/SlASNN3d : ,,'. n" il' ,o''''''ln:J , I r\l( ,(.- I ~ il,'~' n'1,-I,I\!l luJ\, ,'~".- ." ' --" ,--.' ,....". -z ~) ~i '~ . jl '" r1~ i, <.....', Cj,~ JI \i }JJ'7/. .c: :' , - -. ... . ~ "~" ~. ~~ ......~ . ., ti'; .-~~' - "" ~ .t ; -1 'N' " '1'i';; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA MID-STATE PRODUCTS CORP., Plaintiff, CIVIL ACTION - LAW NO. 01-00712 vs. JOHN BACKENSTOES II dlb/a J & D AUTOMOTIVE, Defendant PRAECIPE TO DISCONTINUE AND SATISFY TO THE PROTHONOTARY: Please mark the Judgment entered against the defendant in the above captioned matter as discontinued and satisfied, with prejudice. Respectfully submitted, DATE !Z/S-/o; f ~-- P.O. Box 61107 Harrisburg, PA 17106-1107 (717) 896-2850 Attorney for Plaintiff AND NOW, this ~ day of -l)E. r e """ 1, <7'/2 ,2001, the above captioned judgment r is marked discontinued and satisfied, with prejudice. )" iii.';. '9' ~ L , ., . :...cm\fiY (\1 [\t"C: lO Pi"; 3;;? ~ ...1 ,..., CUMBti'.{L.i:',i",:',J COUNTY PEI\!NSYLVlN!A I B . ~ . J ~ J -, i I . t .~ . ! I I .. .1 4 i , ,~ ,,,--,, "'<~ ',"'-' "-- J.- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-712 CIVIL 1:gx TERM CIVIL ACTION - LAW TO THE SHERIFF OF CUmberland COUNTY: To satisfy the debt, interest and costs due Mid-State Products Corp. PLAINTIFF(S) from John Backenstoos II d/b/a J & D Automotive, 95 Enola Road, Enola, PA 17025 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell personal property (2) You are also directed to allach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other than a named garnishee, you are directed to notny him/her that he/she'has been added as a garnishee and is enjoined as above stated. LL Due Prothy Other Costs $.50 Amount Due Interest Atty's Comm Ally Paid Plaintiff Paid $10,061.50 % S1.00 $411.30 S109.30 Date: March 23. 2001 Curtis R. Long Prothonotary. Civil Division ~by: 4O/r." / Q. ryrR/U':Yt.. r Deputy REQUESTING PARTY: Name J. Chad Moore, Esq. Address: P.G.Box 61.1.07 Harrisburg, PA 17106-1107 tb Attorney for: Plaintiff ,\\ Telephone: -117-896-2850 'r Supreme Cour, u, ,w. 76660 _1ii:i\~~ii;;lJll!>"'l-&td~lmn;\.~....~j'j-MMj;!!itl[lll',m~$""'~'ilil";b;,l";'''''~"~'_"-"~",o:I":;;."E.~l~~;",gjfi'.;f~ij]IIi~~Iliii1lIR~_\lo;&!: IJ -' ">i~~JilIfp~ rubl) ~ >:=:;=:::1 [lJ.h, [lJ.h, ~d) ~~f R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee 18.00 1. 67 .50 1.00 18.60 20.00 20.00 15.00 (') r I 'J 94:77 Advance Costs: Sheriff s Costs: 150.00 <'!J4.1,1 5~.B RefundedtoAttyon 9/20/02 Sworn and Subscribed to before me So Answers; -- ~ ~~1~~~ R. Thomas Kline, Sheriff B~Y QW11oll. '"B~~(QI this 30 ~ay of J1p;--t-,,-, 2002 A.D. y"" 0 ")M,.fl,., .&..z:.-, , J',-t protlionotary If I N If ^ 1). S N /11:3 d ?"l ~:. i '''1 jJ, \/ ;~ 10. HJ 611 Z LZ HVW AlNfiOO ~;fil; 1tU6rlnO ,W1I3HS 3,H .:10 3nl:J:JO '" .,. ~ to ~:~-:;:....' t'bU";,:.: [~JL~~ G.:;;5) , ,,~ e.k. ~ .1'.33'1 JJ/ , ~, /H)6).2.. I \.~il