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HomeMy WebLinkAbout03-2696:~MONWEALTH OF PENNSYLVANIA ~ COU~T OF COMNK)N PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice off the date and in the case mentioned beJow. Caffrey Auto Supply, Inc. 110 S. Sporting Hill Road 5/19/03 ~o Supply, Inc. CV 1~ 504-02 LTl9 This block will be signed ONLY when this nolu;;,~, is required under Po. R.C.P.J.P. 1008B. This Notice of Appeal when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. 09-3-04 Mechanicsburg PA 17050 williams Pontiac If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, delach from copy of notice of appeal to be served upon appellee). PRAEClPE: To Prothonotary Enter rule up<m. (Common Pleas Nc~. .. , appellee(s), to file a complaint in this appeal N~ne of appe#eeis) ) within twenty (20) days after service of rule or suff~- entry of judgment of non peos. RULE: To {1) You om notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20} days afte~ the date of service of this rule upon you by personal service or by certified o~ regisl~med mail. (2) If you do not file a complaint within this time, a JuDGN~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule ~f servme was by mad ~s the date of reading. Date: , 19 · COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE CO~PLAINT 9 ....... ~ by persona servfce [.]} by fcertifed} (regis ered~ ~a se ~oers recefp~ att~ :~ e< h~,re ..... ;AY 0:' _ .......... i9 ...... COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag. Dist, NO.: 09-3-04 DJ Name: Hon. 'I"HOt,~d~.S &. PLACgY ~r,,s.: 104 S. SPORTING HILL RD. MECHANICSBD-RG, PA TCephone; (717) 761-8230 17050 ATTOI~EY FOR PLAINTIFF RON~r.n D. BUTLER, ESQ. 500 N. THIRD ST. THELFTH FLOOR H~RRISBURG, PA 17101 NOTICE OF JUDGMENT/TRANSCRIPT FC_ ,F S-Z UTO SO ¥LY 110 S. SPORTING HILL RD. MECHANICSBURG, PA 17050 VS. DEFENDANT/JUDGMENT C~C~v~ laTn(~,~ D R ESS ~WILLIAMS PONTIAC ~ P.O. BOX 545 RTS 100, & 73 ~OYERTOWN, PA 19512 lDocket No.: CV- 0000504 - 02 Date Filed: 10/09/02 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment entered for: (Name) WaS ~"[ Judgment was entered against: (Name) in the amount of $ FOR DEF~/a~aNT · {1~1 on: (Date of Judgment) r-~ Defendants are jointly and severally liable. [] Damages will be assessed on: r--~ This case dismissed without prejudice. ~---~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ (Date & Time) Amount of Judgment $ .0 (] Judgment Costs $. . Interest on Judgment $ Attorney Fees $ . O~ Total $ . Post Judgment Credits $ !Post Judgment Costs $ Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOT[CE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY SE SSUED BY THE DISTRICT JUSTICE/,~'.'. :~ ~I~ ~f , . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF coMMoN PLEAS, ANYONE NTEI~[~D' IN T~E- jl~l~,GMENT MAY FILE A REQUEST FOR ENTRY Of SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGME~'¥ I~Bff'QR PAYS~I'N'I~U*LLi'~ETM, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~'~;~[ ~"~.~. ~i Date I certify that this is a true J~;'\ ~ ";~ Date My commission expires first Monday of JanUary, 2004 . ., District JustiCe s containing the judg'ment. , District Justice SEAL AOPC 315-03 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT (This p~oo/of ~.rvTce MUST BE ~:iLED WI THN TEN (10) DA YS AFTER f ~ng tt;e nntice of appeal Che( k appticaMe boxes) COUNI'Y OF- DAUPHIN ;ss AFFIDAVIT; ~ ~ ereby swear or affirm that I served ~ co? o t~e Notce of Appeal, Common PLeas No :d¢¢tl¢ of s~rvice7 June -~O~903 the Rule was addressed mai, ser~der's receip~ att ohed hereto SWORN (AF~ i {MEt>) ~ND S )[}SCRIBED BEFORE ME 7HR _.~t~_~ DAY OF .~une 03 26~6 Civil - =.¢~ by personai service ~] by (certi/ied) ~ mail, send~r's ~Tilliams Pontiac ,on ~une 10, 200'~9_ . ~ *ti by persom~l service [~ by (certified) ~) mail, sender's receipt attached hereto and ~urthe that ~ se-veal the Rule to F ~e ~ Complaint accompar~y~ng thea 3eve N°tice Of Appea[ up°~ the appellee(s) t° wh°m , 19.~....~ ~ by pemona! service [-] by (oedi~ ed} (registered) Notary Public NOTAR AL SEAL "' CHERYL L FERGUSON, Notary Public Hal~tsburg, D_au,~hin.Co,.unJy.. 4 m m Postage Certified Fee ~1 TotalPostage&Fees $ 4.42 6/10/03 ................ P-'O" ' x ~'~ .... ~ Street Apt NO . . 104 S. Sporttng H,11 Road ~-~¥. ~{~F~'z~ ~ ..................... I ~t~ ~mte z~;~ ~ ~ ~ .................. '~ / ' ecnan~cs~urg, PA 17050 Boyerto~ PA { COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS F~)M JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case menfiormd belo~ Caffre¥ Auto Supply, Inc. 110 S. Sporting Hill Road 5/19/03 Caffrey Auto Supply, Inc. Mech~_~!c~,bur& ?A 17050 Will ~ ~m~ Pontiac This block will be signed ONLY when this notatiOn is requlmd under Pa. R.C.PJF I%~ 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas Na Neme of eppelee~s) , appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s). (1) Y~J are nofifle~ tha~, a rule is/hereby entered upon you ,t9 file a.complai~tdn?his;appeal witf~in twenty (201 days after the date of service of this rule upon you by personal service or by certified or r6gistemd mail ' ~ (2) If you do not file a complaint within this time, d JUDGN~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule/f set 'vi~e was by mail is the date of mailing. Date: , 19 . ^oPc 3~2-9o CG~RT IqLI CAFFREY AUTO SUPPLY, INC., Plaintiff WILLIAMS PONTIAC COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2696 CIVIL ACTION - LAW 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 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 claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMiNISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTtlOUSE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 CAFFREY AUTO SUPPLY, INC., Plaintiff WILLIAMS PONTIAC COMPANY, Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2696 CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Caffrey Auto Supply, Inc., by and through its attorneys, Butler Law Firm, and files this Complaint against De t'endant, Williams Pontiac Company, and in support thereof avers the following: 1. The Plaintiff, Caffrey Auto Supply, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 110 South Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Williams Pontiac Company is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at Rts. 100 & 73, Boyertown, Pennsylvania 19512. 3. On or about December 7, 1998, Plaintiff and Defendant entered into an agreement whereby Defendant accepted various equipment and ~naterials from Plaintiff. A true and correct copy of said consignment agreement is attached hereto and made a part hereof as Exhibit "A". 4. Defendant continued to order and pay for replacement supplies from Plaintiff until on or about December 7, 2001, after which time Plaintiff billed Defendant for all set-up supplies and equipment. A true and correct copy of invoice #52244 dated December 17, 2001, is attached hereto and made a part hereof as Exhibit "B". 5. The total mount due and owing pursuant to invoice #52244 is $1,157.45. 6. Defendant is also indebted to Plaintiff for finance charges in the amount of 1.5% per month on all overdue invoices. The amount due for finance charges from December 7, 2001, 2001, through June 21, 2003 is $312.51. 7. The prices Plaintiffcharged Defendant for all of the aforementioned equipment and supplies were just and reasonable and were the legal and market prices therefor at the time of delivery. 8. The total balance due and owing by Defendant to Plaintiff for the aforementioned equipment and materials plus the finance charges thereon is $1,469.96. 9. Plaintiff has frequently demanded payment from Defendant of said amount due and owing but Defendant has refused and neglected to pay said amount or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $l,469.96 plus interest and costs and all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM By: Rona]d~D ~B~'' I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Hamsburg, PA 17108 (717) 236-1485 110 S. Sportiqg Hill Roac PO Box '16~ Mechanicsburg, PA 17055-016c. 717-761-680C FAX 717-781-732C CONSIGNMENT SYSTEM 1 55 1 5 ! 5 1 5 1 5 1 1 1 1 1 1 1 1 1 1 1 12 20 i2 2e 12 16 5 16 3 ! 8 3 PRODUCT GALLON GALLON GALLON GALLON GALLON GALLON GALLON GALLON GALLON GALLON CAR SOAP WITH WAX SOLVENT ENGINE DEGREASER WHITE WALL CLEANER TIRE AND RUBBER DRESSING WHEEL CLEANER CONCENTRATE NYLON SPOTTER VINYL LEATHER CONDITIONER TAR REMOVER BUFF CLEANER BUFF POLISH EQUIPMENT LOCKING STORAGE CABINET, BULK CHEMICAL METER DEVICE 3/4" FAUCET 8 STEP CHART PACK MSD SHEETS GALLON FINISH WAX OZ. FOAM VELOUR-CARPET CLEANER OZ. GLASS CLEANER OZ. DETAIL SPRAY OZ. SPRAY PAINT CLEAR COAT POLISH PADS (VELCRO) CASE {2 ROLLS) BLUE TORK QUART TRIGGERS QUART BOTTLES WAX DISPENSERS I ACKNOWLEDGE THAT THE ABOVE EQUIPMENT AND MATE.~I~LS ARE ON CONSIGNMENT FROM CAFFREY AUTO SUPPLY, INC. THIS INVENTO~.~ ~ EQUIPMENT WILL BE MAINTAINED BY THE DEALER. SIGNER HAND PRINT NAME HERE TITLE COMPANY WILLIAMS PONTIAC ADDRESS 933 E PHILADELPHIA AVE DATE BOYERTOWN, PA 19512 EXHIBIT_"A" %%- 2-02 AM p 110 S. SpoRing Hil~' Roa PO Box 1~ Machanlc~burg, PA 17055-01~ 717-761-680 FAX 717-781-732 CONSIGNMENT SYSTEM CAS55GBP02 SOLV ALL 1CAS55GBP1 SPRAY 1 1 CAS55GMCll M.C. CAR WASH 1 CAS5GBP7 WHITE WALL CLEANER 12 SHOPll2 VELOUR CLEANER 12 SHOTUi~ TU-i¢ DRESSING 6 CAS1502 BLACK SPRAY PAINT 2 CAS1GAPD BLUE SHINE A/P DRESSING 1CAS1GNS47 NYLON SPOTTER 1 CASIGUW2eO UNIVERSAL WHEEL CLEANER 1 CAS1GVLC VINYL LEATHER CONDITIONER 1CAS1GBP9 TAR CLEANER ] CAS1GBP25 ODOR OUT 12 SHOPi¢8 CLEAR VIEW GLASS CLEANER 4 CASQCR COMPOUND 4 CASQDS DIAMOND SHINE 4 CASQDS2 DIAMOND SHIELD 3 CASSCEPP CLEAR COAT PADS 1 ABSi49 ABSORBER 1 AND2?5 WASH MITT 2 ANDAP1 POLISH APPLICATOR 1 PRWA PRO WIPES 1CST3047¢5 RAZOR BLADES 1RHOBLO~ STEEL WOOL 7 TOLBA TRIGGERS 7 TOL32 BOTTLES 1TOL!23 314" FAUCET 3 TGLWD12 WAX DISPENSER 1FLT72 WHITE WALL BRUSH 1 FLTI¢3 DETAIL BRUSH 1FLT105 PARTS BRUSH 1 ?LTll2 UPHOLSTERY BRUSH 2 BRO219 ACID BRUSH I ACKNOWLEDGE THAT THE ABOVE MATERIALS ARE ON CONSIGNMENT FROM CAFFREY AUTO SUPPLY, INC. THIS INVENTORY WILL ~iMAiNTAINED, SIGNATURE ~, SIGNEt7 HAND PRINT NAME HERE }/-rl<~i~ 9'... ~4~(.~¢¢~ COMPANY LINDGREN CHRYSLER-PLYMOUTH ADDRESS 15¢¢ LANCASTER AVENUE DATE READING, pA 19607 110 S. Spoding Hill RoE PO Box 1( Mechanicsburg, PA 17055-01~ 717-761-68E FAX 717-761-732 I ACKNOWLEDGE THAT THE FOLLOWING EQUIPMENT IS ON LOAN FROM CAFFR~Y AUTO SUPPLY, INC. THE DEALER WILL BE RESPONSIBLE FOR MAINTENANCE OF SAME. EQUIPMENT GRIME BLASTER GUN WET & DRY VACUUM CLEANER METERING DEVICE INDUSTRIAL STORAGE CABINET VARIABLE SPEED BUFFER-SER#53512 CHAPIN TANK TOWEL DISPENSER METAL DRUM PUMP SIGNER HAND PRINT NAME HERE COMPANY DATE LINDGREN CHRYSLER-PLYMOUTH MAZDA 1600 LANCASTER AVENUE BEADING, PA 19607 ?0503057 BILl TO: 62960 WIL. I..IAM'S PONTIAC P.O. BOX 545 RTS 100 & 73 BOYER'f'OWN PA 19512 SHiP lO: *** SANE *** I 1] Il olcns] 1aVt.[ VINYL/I_EATNER CON~ 41.20 29.95 29 '= 1 ~ - . .... I ~. 0~ * Il ~t2:X;la:ll ii OICAS[SGAPD ]BLUE SHINE/5 GAL I 133.00 99.95 . - ...... 00 [ 1 ] 1 ~ ~ f 1 ~,~.4~ B~;ASE 89.00 42.00 42. aa * 1~'12 ~ 1W999 STORAGE CABINET 055. ee WC8 CAS WALL. CHART 13.00 P311 VELOUR CLEANER ~ 5.20 I: ,., 1 ,,. QU I CK-SH I NE: I 6.70 P314 IND. BLASS CLEANERI 3.90 12.3 3/4" FAUCET I 2.75 ,32 32 OZ CAS BOTTLE i 1.33 189.99 0.00 3.5! 3.5~ 1.9! 1.95 1.0 189.99 * 0.00 43.08 * 42.7~' 23.88 * 5.85 * 8.00 * E CUSTOMER COPY 110~i iiF*IIIIIINiiIItI! IlibJl" Mill IANII,,~]IIIIG, I~l 't ?O~l),;:lf)5'/ ~ItLL '1-0: 62960 WIL. LIAN'S PONTIAC P. [I. BOX 545 RTS 100 & 73 B[IYERTOWN PA Ell lip I'0: INV[IICE ,~Vi~i.I;i~Gil'~i] ....... ~t 0005224.4 F'G 2 62960 .~8~.05 *** SA~E *** 12/17/0 DERAIL 12/17/01 NET 30 DAY BA FRIOGER W1)12 :L2 OZ WAX DISP 003 1 '7 4.32 1.95 t5.60 * 1.98 1.49 4.47 * 1½% SERVlO£.: OH^I~GE Wllt be ^~Si;~-(';~'~[i'~-~;~ [~(~1"~-~-6~,' ........................................ X OVE ]'EMS ~,W }::::k ; :, e' / ,e RE ' 'v~¥;~:~[l~i;~::~}~';T:~,5~;.~ ~. ~Z --'-- ~1 AMY FO PaY 1107.4.5 VERIFICATION I, KENNETH F. CAFFREY, JR., President of the Plaintiffherein, hereby certify that the facts set forth in the foregoing Complaint are true and corr.ect according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unswom falsification t.9 authorities. CAFFREY AUTO SUPPLY, 1NC., Plaintiff WILLIAMS PONTIAC COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2696 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the 25th day of June, 2003, I served a true and correct copy of the foregoing Complaint by depositing same in the United States Mail, postage prepaid, certified mail, return receipt requested in Harrisburg, Pennsylvania, addressed as follows: Williams Pontiac Company Rts. 100 & 73 Boyertown, PA 19512 J,-~i Butlgt/Toole, Esquire Attorney 'for Plaintiff I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 MARKOFSKI LAW OFFICES BY: H. Charles Markofski, Esquire Attorney I.D. #35531 1258 East Philadelphia Avenue P.O. Box 369 Gilbertsville, PA 19525 (610) 367-4444 ATTORNEY FOR DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAFFREY AUTO SUPPLY, INC. Plaintiff NO.: 03-2696 VS. WILLIAMS PONTIAC COMPANY Defendant : PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, WILLIAMS PONTIAC COMPANY, in the above-captioned action. ATTORNEY FOR DEFENDANT MARKOFSKI LAW OFFICES BY: H. Charles Markofski, Esquire ATTORNEY FOR DEFENDANT Attorney I.D. #35531 1258 East Philadelphia Avenue P.O. Box 369 Gilbertsville, PA 19525 (610) 367-4444 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAFFREY AUTO SUPPLY, INC. Plaintiff NO.: 03-2696 VS. WILLIAMS PONTIAC COMPANY Defendant NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed within twenty (20) days fron service hereof or a judgment may be entered against you. MARKOFSKI LAW OFFICES ATTORNEY FOR DEFENDANT MARKOFSKI LAW OFFICES BY: H. Charles Markofski, Esquire ATTORNEY FOR DEFENDANT Attorney I.D. #35531 1258 East Philadelphia Avenue P.O. Box 369 Gilbertsville, PA 19525 (610) 367-4444 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAFFREY AUTO SUPPLY, INC. Plaintiff NO.: 03-2696 VS. WILLIAMS PONTIAC COMPANY Defendant ORDER AND NOW, this day of ,2003, upon consideration of Defendant's Preliminary Objections asserting improper venue, it is hereby ORDERED that Defendant's Preliminary Objections are sustained. It is further ORDERED that this action shall be transferred to the Court of Common Pleas of Montgomery County. The Prothonotary of this Court is directed to forward to the Prothonotary of Montgomery County certified copies of the docket entries, process, pleadings, depositions and other papers filed in this action. The Plaintiff shall pay to the Prothonotary of this Court all applicable costs and fees for the transfer and removal of the record to Montgomery County. BY THECOURT: MARKOFSKI LAW OFFICES BY: H. Charles Markofski, Esquire ATTORNEY FOR DEFENDANT Attorney I.D. #35531 1258 East Philadelphia Avenue P.O. Box 369 Gilbertsville, PA 19525 (610) 367-4444 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA CIVIL ACTION - LAW CAFFREY AUTO SUPPLY, INC. Plaintiff NO.: 03-2696 VS. WILLIAMS PONTIAC COMPANY Defendant PREI JMINARY OBJECTIONS Defendant, WILLIAMS PONTIAC COMPANY, by their attorney, H. CHARLES MARKOFSKI, ESQUIRE, files the following Preliminary Objections to Plaintiffs Complaint raising improper venue and in support avers the following: 1. Plaintiff filed the instant action in Cumberland County seeking damages for Defendant's alleged failure to render payment for consigned supplies and equipment. As alleged in paragraph 2 of the Complaint, Defendant is a Pennsylvania corporation, with its principal place of business at Route 100 and Route 73, Boyertown, Montgomery County, Pennsylvania. Plaintiff has failed to allege that Defendant has a registered office in Cumberland County, Pennsylvania. 4. Plaintiffhas failed to allege that Defendant regularly conducts business in Cumberland County. Plaintiff has failed to allege that the cause of action arose in Cumberland County. Plaintiff has failed to allege that any transaction or occurrence out of which the cause of action arose took place in Cumberland County. The alleged agreement for the consignment of various equipment and materials as referred to in paragraph 3 of the Complaint was placed with PlaintiWs sales representative at Defendant's registered place of business in Boyertown, Montgomery County, Pennsylvania. Defendant does not conduct any business in Cumberland County, Pennsylvania. 9. No transaction or occurrence took place in Cumberland County, Pennsylvania. WHEREFORE, Defendant respectfully requests that its Preliminary Objections be sustained and this action transferred to Montgomery County, Pennsylvania. MARKOFSKI LAW OFFICES I~. ~arles Markofsk~, ~'~qmre ATTORNEY FOR DEFENDANT VERIFICATION I, BRUCE SANFT, President of WILLIAMS PONTIAC COMPANY, hereby verify that the statements made in the foregoing are tree and correct to the best of my knowledge, information and belief. (I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities). WILLIAMS PONTIAC COMPANY Date: Brace Sanft, President CERTIFICATE OF SERVICE I, H. CHARLES MARKOFSKI, ESQUIRE, hereby certify that I served a true and correct copy of the Preliminary Objections upon the following by first class mail, postage prepaid on the 15'h day of July, 2003: Ronald D. Butler, Esquire BUTLER LAW FIRM 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 ATTORNEY FOR PLAINTIFF Date: 7/15/03 MARKOFSKI LAW OFFICES ATTORNEY FOR DEFENDANT CAFFREY AUTO SUPPLY, INC., Plaintiff WILLIAMS PONTIAC COMPANY, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O3-2696 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled, discontinued and ended. Dated: August 8, 2003 Ronald D. Butler, Esquire I.D. #09826 Attorney for Plaintiff 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Dated: arko'Tski, Esquire - I.D. #35531 Attorney for Defendant 1258 East Philadelphia Avenue P.O. Box 369 Gilbertsville, PA 19525 (610) 367-4444