HomeMy WebLinkAbout03-2887COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL ~'~'~'~" J 9..,?._003
Notice is given that the appellant has filed in the above Court of Commo~ Pleas an appeal from the judgment rendered by the District Justice an the
date and in the case mantionod belov~.
CiTY
CV
LT
This block will be signed ONLY when this notation is required under Po. RCJ~JJ~.
10081L
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEA$ 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 fo~n 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
Name of aRoofee(s) , appdlee(s), to file a complaint in this appeal
(Commo~ Pleas Nc~ (~-- ~ O,IVt / ) within twantY (20) days after service of rule or suffer entry of judgment of nan pros.
(1) You are notified thor a rule is hereby entered upon you to file a comploint in this appeal within twenty (20) days after the date of
service of this role upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT Of= NON PROS 9VILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mall is the date of mail'
AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
OF SS
COUNTY
AFFIDAVIT: I hereby swear or affirm that I served upon the District Ju¢ice designated therein on
a cor~v of the Notice of Appeal, Common Pteas No
[] (dat"of serv ce)
iece pt attachec~ ~'e~iol ~n~J U-p~-n the appellee, ,'name) -: :~-c, :;_, on,
- [] by personal service [] by (certified) (registered) mak, senaers rece~p[ mtacnea here[o,
[] a~- -fui{~e~'f~ti' ~ 'er{z~ ~e't~ie to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on [] by personal service [] by (certified) (registered)
mail, sender's receipt attached hereto,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS .... DAY OF
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF:
09-3-03
SUSAN K. DAY
^~ss: 229 MILL STREET, BOX
MT. HOLLY SPRINGS, PA
Telephone: (717) 486- 7672 17065
MICHAEL VANAsCO-Ro~E 30
211 LINDHA~ COURT
MEC~{ANICSBURG, PA 17055
THIS IS TO NOTIFY YOU THAT:
Judgment: ~ .
~] Judgment was entered for: (Name,/
~ Judgment was entered against: (Name/
in the amount o~: $ _______~ ~
~ Defendants are jointly and severally
~ Damages wUI be assessed on:
~This case dismissed without prejudice,
Amount of Judgment Subject to
~] Attachment/Act 5 of 1996 $
RIDALL, GARy LNAME~noAoDRESS
31{1 SPRING ~.
~LISLE, PA 17013
h
VS.
~c~ v~.~o~ 30 ~o
~[C~G, ~ 17055
ooooo .
(Date of Judgment) ~ _
(Date & Time)
A~moun~of J~Udgment $ 5_~00---~'~. O~
Judgment Costs $
Interest on Judgment $_
Attorney Fees .0_(
$ _ .o¢
iTotal $__5. 141.5
Post Judgment Credits
Post JUdgment Costs
Certified Judgment Total $~
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 3:D~A-/~ AFTER THE ENTRy OF JUDGMENT e~' FILING A NOTICE ~
OF APPEAL WITH THE PROTHONOTARY/CLERK OF T ~= ,'~- ,eT OF COMMo
MUST INCLUOE A ~nv ~ ....... ~. N PLEAS, CIVIL OlVISI
......... ~' ~'"1~ NOTrCE OF JU~NSCRJPT FORMW,THYOURNOTiCE~'A:~AL,
~ A~ OTHERWISE PROVIDED IN THE RULES OF ~'IL pRocEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT ~ F ~ON pLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS ~ ~E~sUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COH~ ~,. ~ MON PLEAS A
A REQUEST FOR ENTRY nc --- -,,, v~ ~--~ , NYONE INTERES~=n .....
ICa WIIH THE JUDGMENT. u~ wAYS IN FULL, SE~LES,
'ce~ifyt~thisi~st~rue~d'correctcopyoft~~ust'ce
;;p~o~e~i;sion ,xpiresfirstMondayofJanu,~.=O04. SHAE ~
NOTICE OF APPEAL
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL ~r~n~ I c~, .,~O03
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 an the
dote and in the case mentioned below.
cv
LT
CITY
This block will be signed ONLY when this anto6an is required under Pa. R.C.P.J.R No-
1008B.
This Notice of Appeal. when received by the District Justice, will operate as a
SUPERSEDEAS to the judgmer~' for possession in this case
Signature of ~rothonotar¥ or DepUty
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001 ( 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 Disb'ict Justice.
IF NOT USED, detach from copy of notice of appeal to be sen, ed upon appellee).
PRAECIPE: To Prothonotory
En~' rule upon ~T'~ 1'7 L.. ~.~ c~o. ti . appdlee(s), to file a complaint in this appeal
{Common Pleas No,
RULE: To
Na~e of a133effee(s )
) within twenty (20) days after service of rule or suffer entry of judgment of no~ peo~
i ,o
(1) You ar~ notified that o rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days afar the date of
service of this ru~;you by pers~al service or by certified or registered mail.
(2) If yo~.~ not file o complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by moil is the date of moiling.~ 7~ . .//~~
AOPC 312-90
COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT
(This proof o1 service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice o! appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF --- -~:~ph-±n- ........................ ; ss
AFFIDAVIT: J hereby swear or affirm that I served
I~ a copy of the Notice of Apple, al, Common Pleas No, 2003-02837 , upon the District Justice designated therein on
(date of service) Ju~e zl, 2003
...... , [] by ~rsonal. se~c.e. ~ by (certified) (registered) mail, sender's
receipl attached hereto, and upon [ne appellee, (name) .... ?fy ~_t _~.aa~_{ on
June 23, 200~ D by personal service ~ by (certified) (registere~m~ ~ ~t~reto,
~ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on ~une 23, 2003 ........... D by personal se~ice ~ by (certified) (registered)
ma, sender's rece pt attached hereto,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ~,,~_ ~/~ D!Y oF July, 2003
i~ .,~f~nat~e ot ~lc~belore w ~om affidavit w~s made
-~(l~'~¥official
I NOTARI~ SE~ ]
My commission expires on / ~b .~ .... ~li ~
ICily of Ha~isburg, Dauphin ~un~J
~ commission cxpi~s Aug~ 12, 20~ ~
V1NVA'~SNkriM
O0:9 ~ci [':,- 9fiF gO
331J:iO-G3"l!.'J
COUNSELLOR AT LAW
P.O. BOX 425
HARRISBURG, PENNSYLVANIA 17108
TELEPHONE (717) 233-3339
(7171238-5245
FAX (717) 238-3678
July 1, 2003
The Honorable Susan K. Day
229 Mill St., Box 167
Mt. Holly Springs, PA 17065
ATTN: Executive Assistant
RE: Ridall v Vanasco, No. CV 77-03;
Civil No. 03-2887.
Dear Judge Kay:
On June 21, 2003 I forwarded certified mail to your office centering on an appeal of the above
case for which judgment was entered May 23, 2003 by your Court, receipt no. 7003 1010 0000
0743 8417, copy enclosed.
At this date I have yet to receive the certified mail green card associated with your office having
received said mail. Sometimes I have had mail misdirected to another post office box by mistake.
Accordingly, I am by this letter asking whether your office received said appeal notice.
If so, could your office kindly advise by setting forth the date of receipt? A self addressed
envelope is enclosed. I will then forward same to the office oflhe Prothonotary.
Thank you.
Sincerely,
Stanley H. Mitchell
C: Office of Prothonotary
GARY L. RIDALL, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V
: No. 03-2887 CIVIL
MICHAEL VANASCO-ROUTE 30
AUTO SALES,
Defendant
: CIVIL ACTION - LAW
: IN CONTRACT
TO: GARY L. RIDALL,
Plaintiff
Date of Notice: July 22, 2003
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT 1N
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE
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
1-800-990-9108
Stanley H. Mitchell, Esquire
P.O. Box 425
Harrisburg, Pennsylvania 17108
PA. Atty. No. 32093
Attorney For Defendant
GARY L RIDALL and
LINDA A. RIDALL
Plaintiffs,
VS.
MICHAEL VANASCO
ROUTE30AUTOSALESand
SAND HILL AUTOSALES
Defendants,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2887 CIVIL TERM
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 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
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accomodations available to disabled individuals having business before the court, please
contact our office. All arrangements must be made at least 72 hours prior to any hearing or
business before the court. You must attend the scheduled conference or heating.
GARY L RIDALL and
LINDA L. RIDALL
VS.
Plaintiffs,
MICHAEL VANASCO
ROUTE 30 AUTO SALES and
SAND HILL AUTO SALES
Defendants,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- CIVIL TERM
COMPLAINT
AND NOW, comes Plaintiffs, Gary L. Ridall and Linda L. Ridall, by and through their
Attorneys, Frey and Tiley, and respectfully state as follows:
1. Plaintiff Gary L. Ridall is an adult individual residing at 3141 Spring Road, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Plaintiff Linda A. Ridall is an adult individual of 14203 Ballinger Terrace,
Burtonsville, Maryland 20866.
3. Defendant Michael Vanasco is an adult individual having a mailing address of 211
Lindham Court, Mechanicsburg, Cumberland County, Pennsylvania.
4. Defendant Sand Hill Auto Sales is an unknown entity for which Defendant Michael
Vanasco is believed to be an owner, officer, or other authorized agent with a stated mailing address
of RD g2, Box 4080, Jonestown, Pennsylvania 17038.
5. Route 30 Auto Sales is an unknown entity for which Defendant Michael Vanasco is
believed to be an owner, officer, or other authorized agent, with a mailing address of 4745A
Chambersburg Road, Biglerville, Adams County, Pennsylvania.
Gary L. Ridall & Linda L. Ridall vs. Michael Vanasco, Page 1 of 6
Route 30 Auto Sales & Sand Hill Auto Sales
6. On or about January 4, 2003, Plaintiff Gary Ridall contacted Defendant Michael
Vanasco for the purpose of purchasing a vehicle on behalf of Gary Ridall's sister, Linda Ann
Ridall.
7. On or about January 4, 2003, Gary Ridall entered into an oral agreement with
Michael Vanasco for the purchase of a truck by Linda Ann Ridall, which truck would be acquired
by Michael Vanasco at an automobile auction.
8. Gary Ridall and Michael Vanasco agreed that the pumhase price would be the price
purchased at the auction plus $100.00.
9. On or about January 9, 2003, Michael Vanasco notified Gary Ridall that he had
located a 1995 GMC Sonoma which could be pumhased for $4,900.00. Gary Ridall, on behalf of
his sister, Linda Ann Ridall, authorized Michael Vanasco to purchase the automobile based on the
seller's price of $4,900.00. On or about January 9, 2003, Michael Vanasco delivered an
automobile Certificate of Title for transferring the title from Sand Hill Auto Sales to Linda A.
Ridall. Michael Vanasco executed the Certificate of Title on behalf of Sand Hill Auto Sales. A tree
and correct copy of the Certificate of Title is attached hereto and incorporated herein as Exhibit
I0. Linda A. Ridall was unable to obtain a Certificate of Title for the vehicle in her name
because of the absence of a bill of sale for the rifle. After having made numerous requests for a bill
of sale so that the vehicle could be properly titled, received a bill of sale from Route 30 Auto Sales
indicating a sale for $4,900.00 attached hereto and incorporated herein as Exhibit "B" is a true and
correct copy of said bill of sale.
Gary L. Ridall & Linda L. Ridall vs. Michael Vanasco, Page 2 of 6
Route 30 Auto Sales & Sand Hill Auto Sales
11. Linda Ann Ridall has still been unable to have title issued in her name for the reason
that thera is an improper chain of title since the Certificate of Title reflects a transfer from Sand Hill
Auto Sales while the bill of sale indicates the transfer is from Route 30 Auto Sales. In spite of
numerous requests from Plaintiffs, Defendants have been unable or unwilling to produce a bill of
sale showing the chain of title so that a Certificate of Title could be issued to Linda A. Ridall. In an
attempt to obtain a clear chain of rifle, Plaintiff obtained a copy of the transfer documentation from
Harrisburg Auto Auction. This documentation indicates that the vehicle was sold for a price of
$3,200.00 rather than the price stated to them by Michael Vanasco of $4,900.00. Attached hereto
and incorporated herein as Exhibit "C" is a true and correct copy of the registration and title
warranty indicating the transfer.
12. Plaintiffs have performed all. of their responsibilities under the oral agreement
including the payment to Defendant of the stated pumhase price of $4,900.00.
COUNT 1: RESCISSION OF CONTRACT
13. Paragraphs 1 through 11 are,incorporated herein by reference.
14. Defendants have failed to perform under the terms of the oral agreement by failing
to provide necessary and sufficient written documentation for Linda A. Ridall to obtain a Certificate
of Title to the automobile.
15. Plaintiffs are entitled to a rescission of the contract for failure of defendants to
perform all necessary functions including the delivery of necessary written documentation for
Plaintiff's use in rifling of the automobile.
WHEREFORE, Plaintiffs request your Honorable Court Order the Rescission of the
contract and return of all monies paid by Plaintiff to them in return for the delivery to Defendants of
the automobile.
Gary L. Ridall & Linda L. Ridall vs. Michael Vanasco, Page 3 of 6
Route 30 Auto Sales & Sand Hill Auto Sales
COUNT 2: BREACH OF CONTRACT
16. Paragraphs 1 through 2 are incorporated herein by reference.
17. Defendants have breached their verbal agreement by charging a price in excess of
the actual purchase price at auction plus $100.00.
18. Plaintiffs have been damaged by the overpayment of the purchase price being the
difference between the price told to them of $4,900.00 and the actual price of $3,200.00. The total
monetary damage to Plaintiff is in the amount of $1,700.00.
WHEREFORE, Plaintiffs respectfully request your honorable Court to enter a Judgment
in favor of Plaintiffs and against Defendants in the amount of $1,700.00 plus costs.
COUNT 3: UNFAIR TRADE PRACTICES
19. Paragraphs I through 16 are incorporated herein by reference.
20. Defendants were contracted to perform services as professionals in the business of
used vehicle sales.
21. Defendants perform their services and sell motor vehicles to the general public.
22. Defendants did perform services as professionals in the business of used vehicle
sales in connection with the sale of the motor vehicle to Linda Ann Ridall.
23. Defendants are in the trade, commerce, or business of acting as sellers of used
vehicles similar in character to the sale of the vehicle o Linda Ann Ridall.
24. Plaintiffs entered into the transaction with Defendants primarily for personal, family
and household purposes.
25. It was represented to Plaintiffs as part of the verbal agreement that the purchase
Gary L. Ridall & Linda L. Ridall vs. Michael Vanasco, Page 4 of 6
Route 30 Auto Sales & Sand Hill Auto Sales
price was to the actual cost of pumhase by Defendants plus $100.00.
26. Defendants breached their duty to Plaintiffs as stated above by inflating the
purchase price by $1,700.00.
27. Defendants' broach of their obligation as stated above was a direct violation of the
Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 P.S. §201-1 et seq.) and
was an unfair method of competition and an unfair or deceptive act or practice for the following
reasons:
a. Defendants represented that the vehicle was of a particular cost when in fact it
was of a lesser cost;
b. Defendants failed to comply with the terms of the verbal agreement concerning
the purchase price;
c. Defendants engaged in fraudulent conduct which created a likelihood of
confusion or of misunderstanding.
28. Defendants' conduct in failing to represent the true cost to purchase the vehicle was
a direct violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (73
P.S. {}201-1 et seq.) and was an unfair method of competition and an unfair or deceptive act or
practice for the reason that Defendants engaged in fraudulent conduct which created a likelihood of
confusion or of misunderstanding.
29. The Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 P.S.
{}201-1 et seq.) provides for damages for a violation of the statute of of up to three times the actual
damages plus costs and reasonable attorney's fees.
30. Plaintiffs' actual damages as stated above were $1,700.00.
WHEREFORE, Plaintiffs respectfully request judgment in favor of Plaintiffs and against
Defendants in the amount of $5,100.00 (being three times the actual damages) plus interest and
costs, reasonable attorney's fees and such additional relief as deemed necessary as provided for in
the Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 P.S. §201-I et seq.).
Gary L. Ridall & Linda L. Ridall vs. Michael Vanasco, Page 5 of 6
Route 30 Auto Sales & Sand Hill Auto Sales
By:
Respectfully submitted,
Frey & Tiley,
Attorneys for Plaintiff
Robert G. Frey, Esquire
Supreme Court Number 46397~....fl
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unswom
falsification to authorities.
Dated: 7/10/03
PLAIN~T FF - x-
Gary L. Ridall & Linda L. Ridall vs. Michael Vanasco, Page 6 of 6
Route 30 Auto Sales & Sand Hill Auto Sales
CERTIFICATE OF TITLE FOR A VEHICLE
VEHICLE iDENTIFICATiON NUMBER YEAR MAKE OF VEHICLE 'IITLE NUMBER
FIRST MEN FAVOR OF:
~i~AD[,EY L ~iAILLiORY
Notadal Seal
John J. Gorecki, Notary Public
Swatara Twp., Dauphin County
My Commission Expires Jan. 27, 2003
Member, Pennsylvania Association ot Notaries
I~;T LIEN DATE; .~b IF NO LIEN, CHECK U
tST LIENHOCDER
STREE~
crFY STATE ZIP
FINANCIAL INSTITUTION NUMBER
Ce.-tificate of Title must be submiffed within 20 days, unless the purchaser is a registered dealer holding the v~hicle for resale,
~- Notarial SEal
Janet L. Via, ..ZNoTary Public .
East Hanover Twp,, Dauphin Coun~ [~ ~
'~ My Commi*elon E×piraa Mar. ~7~
u~ Member," Pennsylvania Association st Notaries
I' ' ' ~ ' '''' ' "'' ' ' ....
~:~i;~i~ ~' X ..~ .., ,.,.~, ,.. ~.~.,i..,o o~,,. ~,.l~o.
C. []CHECK HERE IF APPLICATION FOI~ DEALER TITLE AND COMPLETE SECTION D. TITLING FEES
4745A Chambersburg Road
Biglerville, PA 17307
(717) 608-0770
MAKE
TYpE
;OLOR
COUNTY
TO BE OEUVEREO ON OR ABOUt'
PRICE OF VEHICLE
I I
SALES TAX
LICENSE, TITLE AND REGISTRATION FEES
TOTAL CONTRACT PRICE
LESS CASH DEPOSIT
NET ALLOWANCE FOR TRADE IN
BALANCE CUE Ol't DEL!VER'f
iS
TRADE IN INFORMATION
MAKE ~,~OOEL TYPE
VEHICLE I.D. NO. MILEAGE COLOR
BALANCE OWED TO
ADDRESS
TRADE IN ALLOWANCE $
BALANCE OWED ON TRADE iN
NET TRADE IN ALLOWANCE $
ABOVE DESCRI~IEO VEHICLE MAY 8E REAPPRAISED IF IT HAS SUFFERED DAMAGE
WARRANTY INFORMATION {check Appropriate Block(s))
UNDERSTAND
(THE
CANCEL THIS PURCHASE CONTRACT OR REFUSE TO
ACCEPT DELIVERY OF THE VEHICLE ORDERED, EXCEPT
AS PERMI~ED BY LAW, I WILL, AT YOUR OPTION, FORFEit
AS DAMAGES $
I ACCEPT THE ABOVE CONDITIONS (Cust. Initials) X
THE CONTRACT PRICE OF THE MOTOR VEHICLE CANNOT BE INCREASED AFTER THIS CONTRACT HAS BEEN ACCEPTED BY THE DEALER
OR THE AUTHORIZED DEALER REPRESENTATIVE UNLESS THE INCREASE IS DUE TG THE PASSAGE OF A LAW OR REGULATION OF THE
UNITED STATES OR THE COMMONWEALTH WHICH: REQUIRES ADDITION OF NEW EQUIPMENT TO CERTAIN VEHICLES: CHANGES
TRANSPORTATION OR EXISTING TAX RATES: OR, IN THE CASE OF. FOREIGN MADE VEHICLES. IS DUE TO A RE-EVALUATION OF THE UNITED
STATES DOLLAR vis-a-vis THE CURRENCY OF THE COUNTRY OF MANUFACTURE,
THIS CONTRACT iS NOT BINDING UPON EITHER THE DEALER OR THE PURCHASER UNTIL SIGNED BY AN AUTHORIZED DEALER REPRE-
SENTATIVE. YOU THE ~UYER ,'Ac, V ,C,'-,14C~[_ THiS rJC'NTRACT AND RECEIVE A FULL REFUHD ANY TiME BEFORE RECEIPT C~ '* C'--~ DF
I CERTIFY THAT I AM OF LEGAL AGE OR OLDER AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRACT.
Signature of Vehicle Purchaser X
Signature of Authorized Dealer Representative X .~.~.,~_./~?~'-/~v~'' ~ ~_/_/"~/',/.,/'J,-"ff~¢~
Date
Date
,E NUMSER
:LLER (TRANSFEROR)
REGISTRATION & TITLE WARRANTY
SALE DATE ENTRY NO. TIME SOLD
*ITLE STATE TITLE NO.
· WE
;ELLER (TRANSFEROR)
(no tenths)
liles a'~d ~o the bell ol my knowledge that it reltect $ the actual mileage u[ Ihe vehicle
ascribed herein, unless one ol the following statements is checked·
URCHASER(TRANSFEREE)
~INT NAME:
GNATURE:
JRCRASER{TRANSFEREE)
SOLD BY S.O.S. -
(1) ANNOUNCED CONDITIONS
(3) ANNOUNCED C°NDITIONS
- ODOMETER MILEAGE STATEMENT '
Federal law (arid S ate law if aoplicable) requires fha you state the m lea~e upon ~ra~ster of ownership.
Failure to complete or providing a false statement may result in fines and/or imprisonment.
PLEASE SET'rt.E WITHIN 1 HOUR OF TIME SOLD.
HARRISBURG AUTO AUCTIOi
1100 S. York St., P.O. Box 368 · Mechanicsburg, PA 17055
TELEPHONE: (7,17) 697-2222 · FAX: (717) 697-2234
SALE EACH THURSDAY AT 10:00 AM
.~.,.~)~ OF~ ,M~FI~TT'I~ MUST BE WITHIN 1 HOUR OF PURCHASE
.CE'~SE6~
~ALE PRICE
~UYER'S FEE
OTAL
BUYER COPY
RECEIPT OF COPY ACKNOW*
GARY L. RIDALL and LINDA A.
RIDALL,
Plaintiffs
V
MICHAEL VANASCO
ROUTE 30 AUTO SALES and
SAND HILL AUTO SALES,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYLVANIA
: No. 03-2887 CIVIL TERM
ANSWER TO COMPLAINT
AND NOW, comes Michael Vanasco Route 30 Auto Sales and Sand Hill Auto Sales, by and
through their attorney Stanley H. Mitchell, Esquire, who avers:
1 Admitted.
2 Admitted.
3 Admitted.
4 Denied, said entity no longer exists.
5 Admitted, that Defendant Michael Vanasco is an authorized agent.
6 Admitted.
7 Admitted, by way of further answer, Plaintiff did not want to pay more than $5,000.00 for a
vehicle.
8 Denied.
9 Admitted.
10 Admitted.
11 Denied, that there is an improper chain of title. The said Dealer Identification number
remained the same for both Sand Hill Auto Sales and Route 30 Auto Sales. A Bill of Sale was
provided to the Plaintiffs. Admitted, that said vehicle was purchased by Defendant for $3200.00.
Denied, that Defendant indicated that $4900.00 was the price stated to Plaintiffs by Defendant.
12 Aider reasonable investigation, Defendant is without sufficient knowledge or information to
form a belief about the truth of the averment.
13 No response required.
14 Denied, to the contrary necessary and sufficient documentation was provided by Defendants.
15 Denied, to the contrary Plaintiffs are not required to a rescission of the contract.
16 No response required.
17 Denied, Defendants never made such verbal agreement.
18 Denied, Plaintiffs indicated they did not want to pay more than $5000.00 for a vehicle.
19 No response required.
20 Admitted.
21 Admitted.
22 Admitted.
23 Admitted.
24 After reasonable investigation, Defendant is without sufficient knowledge or information to
form a belief as to the truth of the averment.
25 Denied, Defendant never made such representation.
26 Denied, Defendant never made such representation nor did Defendant breach his duty.
27 a. Denied, that Defendant represented that the vehicle was ()fa particular cost when it was of
a lesser cost. Plaintiffs indicated that they would not spend more that $5000.00, Defendant never
made such representation setting forth the vehicle was of a paxticular cost.
b. Denied, that Defendant failed to comply with the terms of the verbal agreement concerning the
purchase price. Plaintiffs indicated that they would not spend more than $5000.00.
c. Denied, Defendants did not engage in fraudulent conduct which created a likelihood of
confusion or of misunderstanding.
28 Denied, Defendants did not fail to or attempt to represent the true cost to purchase the vehicle
nor did Defendants violate the Pennsylvania Unfair Trade Practices and Consumer Law nor did
Defendants engage in unfair methods of competition and an unfair or deceptive act or practice
consisting of fraudulent conduct creating a likelihood of confusion or misunderstanding.
Defendants adhered to Plaintiffs request for a vehicle not priced more than $5000.00.
29 Admitted.
30 Denied, Plaintiffs have not been damaged.
WHEREFORE, Defendants respectfully request Your Honorable court to dismiss Plaintiffs
complaint.
Respectfully submitted,
s~chell, Esq~rire
P.O. Box 425
Harrisburg, Pennsylvania 17108
717-233-3339
PA. Atty. I.D. No. 32093
Attorney For Defendants
Date: September 9, 2003
VERIFICATION
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 PA.C.S. relating to unswom
falsification to authorities.
Date: September 9, 2003 _w*,~. 0~' ~_~
Michael Vanasco
Gary L. Ridal 1 : IN THE COURT OF COMMON PLEAS OF
Linda A. Ridall, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
Michael Vanasco
Route 30 Auto Sales
Sand Hill Auto Sales,
Defendants
biO. 03-2887 CIVIL Term
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Robert: G, Frey , counsel for the plaintiff/defendant in the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ 5,100
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: __
Robert G. Frey and Stanley H. Mitchell
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
ORDER OF COURT
ANDNOW, , :' . consideratio. o the
foregoing petition, ~ C ~ ~ Esq.,
Esq., ~d ~lJ ~~- ~ . Esq., am appointed ~bi~tors~ ~-~- -~~ ~e above captioned acGon
actions) ~ prayed for,
(or
PJ.
Gary L. Ridall
Linda A. Ridall,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2887 CIVItTerm ~
Michael Vanasco
Route 30 Auto Sales
Sand Hill Auto Sales,
Defendants
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Robert G. Prey , counsel for the plaintiff/defendant in the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ 5. 100
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: __
Robert G. Frey and Stanley H. Mitchell
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
ORDER OF COURT
ANDNOW, '~~ ~ ,-l'9~,~t~d.i~nconsiderationo the ,
foregoing petition, ~ ~t~~ ~ Esq.,~ ~
Esq., and ~'?'/t.d/tm/~/f~ ~e/- ~ , Esq., are appointed arbiffSttors in the above captioned adffon
actions) as prayed for.
(or
P.J.
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 03 - ~ ~ 7
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of th/s Commonwealth and that we will discharge the duties of our office
with fidelity.
~gnature Si
Name (Chakma~) Name
Law Firm Law Firm
/oV
Ad.ess Ad.ess
CiW, Zip CiW, Z¢
Law Firm l
Address
City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: ~,(Note: If damages for delay are awarded, they shall be separately stated.)
Date of Hearing:
Date of Award:
, Arbitrator, dissents. (Insert name if applicable.)
Notice of Entry of Aw~rd
Now, the ~ O day of ~ ¢ ,20 ~)(-( ,at ~/I ,J-~" , Pf .M., the above award was
entered upon the docket and notice thereSf given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ 2 Q ~-~, (~ c3
~ ~/Pr~notary BY: ~L'~P~ ~~
OATH
IN THE COURT OF COIvIIViON PLEAS OF
CUlVIBERLAND COUNTY, PENNSYLVANIA
, CIVIL. TERM
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the
United States and the Constitution of this Commonwealth and that we will discharge the duties of
our office with fidelity. ~t~ o/~. ~.b~ ~
Chairman --
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make
the following award:
(Note: If damages for delay are awarded, they shall be separately stated.)
· Arbitrator, dissents. (insert name ift~)
Date of Award: ~Z/Z~//~q
Now, the day of
was entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Artibitrators'compensation to be
Paid upon appeal: Prothonotary
NOTICE OF ENTRY OF AWARD
,20 , at __: __, .M., the above award
$ 290.00 By:
Deputy