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Home My WebLink About01-1972 FX I JOHN EVANS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYL V ANlA v. NO. 01- J97;) SP ANKYS AUTO SALES, INe. Defendant NOTICE 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 obj ections 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 TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOu DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. / Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 < ".1' ..' ,,- ,---~, Ii".' ", v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA NO. c!J I ' / t;'7;2; Q;;;,J r ~ JOHN BV ANS, Plaintiff SPANKYS AUTO SALES, INe. Defendant COMPLAINT 1. The Plaintiffis John Evans, an adult individual residing at 2423 Penn Street, Dauphin County, Pennsylvania 17110. 2. Defendant is Spankys Auto Sales, a Pennsylvania Corporation, whose address is 701 E. Locust St, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Sometime on or about September 21, 1999 the Plaintiff entered into an automobile retail sales contract with the Defendant wherein the Plaintiff agreed to purchase and the Defendant agreed to sell a 1994lsuzu truck, Serial No. 4S2CY58V6R4348804 for a total cash price of$13,213 (copies of financing agreement and warranty are attached hereto and marked Exhibit "A"). 4, As part of the agreement the Plaintiff traded in a 1987 Olds Cutlass which was listed at $2295, 5, Additionally, the Plaintiff made a cash payment of$300. 6. The subject vehicle was sold with a limited warranty as set forth in Exhibit "A". 7. Within three weeks the Isuzu truck was returned because of clutch problems. 8. The Defendants gave the Plaintiff a loaner car and within several weeks informed the Plaintiff that his credit application had been denied. :S'~.,! "1'" -, c ~7'- . - ,~- -,r r~ 1,1" 1-'- , 1" 9, Additionally, he was informed that his trade-in had been sold. 10. The Defendant did indicate that they were willing to sell to Plaintiff another vehicle. 11. However, the Plaintiff indicated to the Defendant that he did not want another vehicle, that he did want the Isuzu or, in the alternative, he wanted a cancellation of the agreement, the return of his trade-in and the $300 he paid at the time of the execution of the agreement 12, Sometime in October of 1999, the Plaintiff was presented with a Rider, a copy of which is attached hereto, incorporated herein and marked Exhibit "B" which, according to the Defendant, allowed the Defendant to cancel the contract because the Plaintiff's credit application was denied, 13. This Rider was presented to the Plaintiff a month after the execution of the agreement and the signature found on the Rider is not that of the Plaintiff's. 14. After the Plaintiff returned the loaner vehicle, was informed that his trade.in was sold, and the Defendant refused to complete the transaction with respect to the lsuzu, the Defendant was forced to rent an automobile for the total cost of$811.65. COUNT! Breach of Contract 15, Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their entirety. 16. Defendant breached his contract with the Plaintiff and as a consequence Plaintiff suffered the following losses: A, Trade-in $2995.00 ,,, "-,.,~. - , ~, ~-,,-~, ,1 . I--j.-,- I., ", II , Total 300.00 811.65 $4106,65 B. e. Deposit Rental WHEREFORE Plaintiff demands judgment against the Defendant in the amount of$41 06.65 plus interest and costs ofthis suit. COUNT II Violation of the Pennsvlvania Fair Trade Practices Act 17, Paragraphs 1 through 16 are incorporated herein by reference as if set forth in their entirety . 1 S. Defendant violated Pennsylvania Fair Trade Practices and Consumer Protection Law 73 P.S. 201-2 in the following ways: A By not infonning the Plaintiff ofthe provision regarding the credit application at the time of the execution of the retail sales agreement on September 23, 1999, B. By presenting the Plaintiff with a Rider after the credit application had been denied and after the Plaintiff's trade-in vehicle had been sold. e. By fraudulently completing and forging the Plaintiff's name on the Rider. D. By selling the Plaintiff's trade-in prior to completion of the transaction. E. By otherwise unlawfully engaging in a motor vehicle sale with the Plaintiff as set forth above, WHEREFORE, Plaintiff demands judgment against Defendant in the amount of the value of his trade-in ($2995), the amount of his down payment of $300, car rental costs in the amount of ,-: L_' _ .~,' ", '.-', ,,'-1. $811.65, plus treble damages, reasonable attorney's fees, and interest and costs of this suit. COUNT III Re.p1evin 19. Paragraphs 1 through 18 are incorporated herein by reference as if set forth in their entirety, 20. Alternatively, the Plaintiff demands the return of his trade-in vehicle in the eventthat the contract is deemed canceled. WHEREFORE, Plaintiff demands the return of his trade-in. COUNT IV Specific Performance 21. Paragraphs 1 through 20 are incorporated herein by reference as if set forth in their entirety. 22, Plaintiff and Defendant executed a binding contract which the Plaintiff to date refuses to perform. WHEREFORE, Plaintiff demands enforcement of the Contract attached hereto and marked E,dUbit "C". Respectfully submitted, 1. Re 121 South St. Harrisburg, P 17101 (717) 234- 77 (717) 234~7832 Attorney for Plaintiff '~':'" 1 " .~ . , . , - ~,~, , VERIFICATION I, John Evans, verifY that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief I understand that false statements made herein are made subject to Pa. C.SA g4904 relating to unsworn falsification to authorities. Date: "3-Q'3nO/ ;)~^) II }P1N\r\ J ~ Evans -"':;< t",,' .. 'iI....' .".'\ c. p- .. "~r' 'e,' . ". ." ~'-"" " _ 'r.,' -,I~ 1"_ \ .,'-",-=' f~ I I i i ; I' II I'; u i i ~ 1'; i; " I Ii, II U I.~ Ii! 11 i" I" i-; i , I" i, i: I:: i.:! " , i fr ", I': : i i ==-""'" ~ Y." "'__"'"~,'~.--.' -"'~, _,_.,"_""_,_",, "'~"V-" ~ \ 't. ~ 'f\:~ ""!I"'~T _ -- .~ ~- ,~_ _",_ _"",c," ~ (J> ...c ~ YI ~ ~ ~ ~ f 'N 'b eN ~ t '< ~, ',~"'" ".Co" ~"L'"," ~_"",'~ _,' "W'_"~ _~__ o ~= 1 SJJ ~ If 8 'ell" f::;--, '" ','. . 'V .:;: c ~ '1? -f; / " =< I' ~ ~ ~ r\ "&- '{"' , ~ Ci :;;' :':7!'t< -"\1 ;-:::'::J I C," f'-,) (...) "!lI!,_,..,~!">"_~"-f"'~J:(r_""-"!i1!'Ppr,w";]:'''.l''i;~n~f!'''i'!~~1~~.~ . .. .. . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN EVANS, v. No, 01-1972 SPAN KEY'S AUTO SALES, INC. Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Spankey's Auto Sales, Inc" in the above matter. Respectfully submitted, McNEES, WALLACE & NURICK B~ ' Lawrence R. Wieder, Esquire LO, No, 16707 100 Pine Street P.O, Box 1166 Harrisburg, PA 17108-1166 Phone: 717237-5229 Attorneys for Spankey's Auto Sales Dated: April 9, 2001 ..-.- " -'~:-"~''''-I~I:?'''- -'<:"I_'~"', . ,~-- I'. - - l - .<, ,'~'-'-' ~'-'-I' -, , . - .' , CERTIFICATE OF SERVICE +1 AND NOW, on this Cj day of April, 2001, I hereby certify that I have served a true and correct copy of the within document, via first class United States mail, postage prepaid as follows: L Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 McNEES, WALLACE & NURICK ~c::3 By: ) -., Lawrence R. Wieder, Esquire 1.0. No, 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5229 Attorneys for Spankey's Auto Sales, Inc, .-, >-",..-,,,,~.,,, -,"".,>, '.--,~ -\-<~_'~""<lrIF----' --r:~I'_'_-" ~-- -'. ~ -'-1' "',1 ,-,,,. ...,'" ~ <~ . JOHN EVANS, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYL V ANlA NO. 01-1972 SPANKYS AUTO SALES, INC. Defendant CIVIL ACTION - LAW ORDER TO SETTLE AND DISCONTINUE TO: Prothonotary, Cumberland County Kindly mark the above captioned matter settled and discontinued with prejudice. BY: L. Rex lckley, Esquire 121 outh St. Harrisburg, P A 171 0 1 Attorney for Plaintiff, John Evans -i~c~ ,"~.,. , 'lj'" t__ =, "-, , ,~, '~"-- ,.,~ _"'" I~~I' 1 -I~~ ~-~~-, ~ ""., "'~ , -.,'. '__>~'" . ,~ .M --. . () L-::> ,~. c: -> -^'/'J E;;:: <- -j ctml c:: " z ;-~l ;J; Z::ti . ~,i-'n ~~ I ~n -,<0 C '''''~ ' 0 -0 ::-;:.!-f. ;,::: ~8 -;.J,,---ri .-" .::)-.. 7(") )>c:: r;:? Om ~ Ul ~ ~ -< .1l~W'1sn_m1~!lf-II!IIIJI _ ,,, __"'~~Jl~,:i'1(J!1Jf"~~'m""'F;f'n"-1'"'"'(""'_.t,'r'-".'''!I''',,"i(~~''''-<''llif''ii!l'!N..t~r1W!iI1l!'.E'im!,1~t~1.~~~~ifi