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Home My WebLink About99-05684 ? a> >?` ,o 2 ;. t=,r ;:;; ,... COMMONWEALTH,QF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County, Pennsylvania Ninth JUDICIAL DISTRICT 1 Courthouse Square Carlisle, PA 17013-3387 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. QQ- ;z/-9L1 Lvl I Tp? 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 mentioned below, Members let Federal Credit Union Thomas A. Placey 5275 E. Trindle Rd. Mechanicsburg PA 17055 8/19/99 Honda BMW Moto Sports ... David L. Johnson Jr., at al. C1111M NO. M VN\ O I,.NN1 ON MI, IITTONNiY ON .rONNI 99 - 0000281 ?McN S, CV19 WalJeae;ic k _/ a1 J LT 19 Y This block will be signed ONLY when this notation is renuired d Pa. If appellant was Claimant (see Pa. R.C.P.J.P. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, wi op ate as No. 1001(61 in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after tiling 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) inaction before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Honda BMW Moto Sports , appelleelsl4suffe, t e a complaint in this appeal ??yy?? p Name of appelleelsl (Common Pleas No. `A ARM within twenty (20) days aft s rvice of I of judgment of non pros. Mc ee e k BY ignature of appellant or his attorney or agent RULE: To Honda BMW Moto Sports appelleels l ames P. DeAngelo , Name of appellee(s) 11) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. 12) If you do not file a 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 mail is the date of mailing. Date: 19-14 ? ?wsn-^^ Signature of Pro nor otary or Deputy AOPC 312.90 COURT FILE TO BE FILED WITH PROTHONOTARY 0 C? ` cr- t Lf) rd ) C)o Do l• v. 11. Li W 1•t •.? -6l ' uo saidxa uolssiwwoo AW le/oglo 1 o aWl :opelu saM lrneplge u,ogM aiolaq Ipuglo to arnleuAls Juegle )a aimpub's --61'--- dO AVO SIHl 3W 3HOd38 0381H0S8ns (INV ((13WHIddV) N80MS ???1 ola,oq pag3elle ldnoal s,lapuas'8ew (palatsl6a) (pagq,aa) Aq L- l aw Ams psloslad Aq u -6L uo possolppe sere ajnH All wogM of (spollodde aql uodn ?eaddV to a3'ION aaoge Mil fiw Aordwoo3r uuej(iwo:) e ap j of o1nH aqt paA,as I leg? laqun} pue ? -olajaq pagoene tdlooal s,mpuas'Inau Iparnsi,®a,) (pailnuea) Aq -? LIO s,lapuas'Iiew (palalsdia)) (pal!l1a3) Aq ? o9i Alas ?etlnslad Art uo uiaiagl paleufgsap a3iisnr loms,0 aqt uodn'------- pain ias p•u uslad Aq ?. I---61'- -. -/mueu)'aapaddl' agl uodn IMP 'olru311 pA1JUJIe llhaaal ?.]--61'- -(aamlas to alep) ON vulld uowwnD 'IeaddV to a3!loN alp to Ado3 e paA,av legs udq{e,u ,eavs Agaag I :lIAVOIddV ss : d0 AlNno3 VINVAIASNN3d d0 HIIV3MN6WW03 (saxoq elgBO!Idde )?oag0 7aaddo )o actiou OW 6ul/11 8.319N SAVO (01) N31 NIH11M 03719 381SI1W ao.,Aros to load slgl) 1NIVIdW00 31ld 01 31nu 0NV lV3ddV d0 30110N d0 301AH3S dO d00ud -=- - MM0NWEALTH OF PENN ANIA COUNTY OF_CUNB --- Di wm.: Non 09-3-04 THOMAS A. PLACEY A's; 104 it. SPORTING HILL RD. MECHANICSBURG, PA T•4Waw: (717) 761-8230 MMERS 1ST 5275 S. TRINDLB RD. MECHANICCOBORGG,PA 17055 1 It THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: ® Judgment was entered against: NOTICE t-JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE (HONDA BMW NOTON SeBORTB sS 6653 CARLISLE PIRS MSCBANICBBURG, PA 17055 L DEFENDANT: VS. J 17055 (JOHNSON NAME VI ADDRESS • QR., DAAVID L, ST AL, 3013 LINCOLN ST. CAMP HILL, PA 17011 L J - DocketNo.: CV-0000281-99 Date Filed: 7/22/99 .FpR_pT yTry"^TF`r' (Name) (Name) In the amount of $ P11" on: (Date of Judgment) R ?? a ?a q efendants are jointly and severally liable. (Date & Time) 0 Damages will be assessed on: 11 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 S Levy is stayed for days or generally stayed. Objection to levy has been filed and hearing will be held: Date: Place: Time: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Post Judgment Credits Post Judgment Costs Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUg OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PI.E `!D???JyI' of G A NOTICE MUST INCLUDE A COP,?(_OF THISAO IC OFJ170GMENT/TRANSCRIPT FORM $ YOU W? OUR NOTICE 0ApPEAL. n - I I 11 Date _ t certify that this is a true and co ec'co of the record District,Jus)ice r ceedings cdritAfntng the Judgment: Date District Justice My commission expires first Monday of January, 04 AOPC 315.99 SEAL COMMONWEALTH OF PENN ANIA- COUNTY OF: CUMB 09-3-04 DJN": Hon THOMAS A. PLACEY Afton 104 S. SPORTING HILL RD. MECHANICSBURG, PA T@w^w:(717) 761-8230 17055 NOTICE QJUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME,MAODRESS rHONDA BMW MOTO SPORTS 1 6653 CARLISLE PIKE MECHANICSBURG, PA 17055 DEFENDANT: vs. J NAME AW ADDRESS rJOHNSON, JR., DAVID L, ET AL. 1 3013 LINCOLN ST. CAMP HILL, PA 17011 MEMBERS 10T L J 5275 E. TRINDLE_RD. Docket No.: CV-0000281-99 ATTN. MRS. MMPHY Date Filed: 7/22/99 MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: .FOR 'P AINTTF ® Judgment was entered for: (Name) T+nNna ANN EtMAn SfPnRma ® Judgment was entered against: (Name) in the amount of $ 2,297 150 on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ? generally stayed. Objection to levy has been filed and hearing will be held: Date: Time: Place: (Date of Judgment) _ a/i o/oo (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Judgment Total %. T .. v „?,.i„ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF GM4417 SY'tIaLING A NOTICE OF APPEAL WITH THE PROTHON. OTARY&LERK OF THE COURT OF COMMON.PVAS, CIVIL DIYlsl& YOU MUST INCLUDE A COP 0 THI NO E OF JUDGMENT/TRANSCRIPT FORM'WITH YOUR NOTICE•OA PPEAL. n - n Date t District Justice I certify that this is a true and orrec eop o th rec rtl of the procee in contairiingafi4 judgment. ? - ? Date , District Justice My commission expires first Monday of Janua 2004 SEAL AOPC 315.99 'CIMMIZINWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County, Pennsylvania Ninth JUDICIAL DISTRICT 1 Courthouse Square Carlisle, PA 17013-3387 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. qq- J,, sw r. . ( -ru 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 mentioned below. Members let Federal Credrtt Unino (Thomas A.?PZacey 5275 E. Trittdle Rd. Mechanicsburg PA 17055 8/19/99 ' onda BMW Moto Sports David L. Johnson Jr., et al. 1" OLOIM NO. ,IONII,VNO OF AOFXLLANI ON M ,,.", OF AOON, ?V 1999 - 0000201 McN s, Wal a iclc iT18i y' C? This block will be signed ONLY when this notation is required nd r Pa. R.C.P.J.P. No. 10088. If appellant was Claimant (see Pa. R.C.P.J.P. This Notice of Appeal, when received by the District Justice, wi I op ate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. 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.A./A No. 1001171 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 Honda BMW Moto Sports eppel Name ofa e . 5U?A4 CV I1Tel, yt' (sl (Common Pleas No. 7 within twenty (20) days aftaf?Rrvice of'fuJLSj6 By RULE: To Honda *N Moto Sports Name of appelleelsl P. a complaint in this appeal of judgment of non pros. Ilant or hit attorney or anent (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.. •7 (3) The date of service of this rule if service was by mail is the date of mailing. vD lr` 1 ' A Date: 19 9c? - ' ilure ,,P or Deputy I-ic Cri Ln AOPC 312.90 COURT FILE PROOF OF SERVICE OF NOTICE. OF APPFAL AND RULE TO FILE COMPLAINT (This proof of 5'ervice MUS7 QE FILED wirillN rr-N (10) DAYS cif- iPH 1. hng :ne notice of appeat. Chock applicable boxes) COMMONWEALTH OF PENNSYLVANIA Dauphin COUNTY OF- AFFIDAVIT: l a Col y u` till Noilfr; of Appeal Co •u ,. 99' ., lu n99-5684._, ul,?n II O,..;' "r, hnncC de:.?gnaled therein on. September 16 __ 19 n, ,,n „ .'. fad to o/servlc'el ..___ _ r ?Xl hylu,tlhud) llquiteled) mall, smider's reC,npt lttJlhctl hvrelu, and rill, d{'; ,II:,... (n,v, Ronda BMW Moto Sports, Septembe.r_- 16 on _-.10.94l by to W1.. X. I.y (t?°r: s1ud1 n.l cndet''urt pt atttlched heleto.`I F---j and further that I swvo(f it)n hula I„ I-I1': a C, .o.p,..nil n„-„mpnny?oq Ins ,I...vr Nor,re ..I Appnal ,qnm the appbllCels) to whom the Rulc was addressed on-September 16 19 99 by pn,nanal survi?:e ?C by Ine, tlf,udl Ge9istmed) mail, sender's ie;Npf aitadhad homo. / SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ML C/ THIS17 DAY OF Me_mA-?__.__,19_29_. ?1,r)//? '^^ n Sr. nar re.' of blfiaq(-; Signature of official before whom .lOlavn Ti'..-_.-___._.____ _ t/e of ol-fill nl _ ?-- --- My commission expires L tary Public Coun ty uly 8, 2002 law I _ _ I """'A0L POSTMARK OR DATE NEIURN nC51RN;1COMLrytlrv S RECEIPL c" E CCntIII[n l[[ i 12 NnfI nCCO(`I , C yy?? fS TOTALM l IEMC FEES A ??I dl ? Mr. Louis Cuoma By0` Honda BMW Moto Sports a 6653 Carlisle Pike Mechanicsburg, PA 17055 PS FORM 3800 US Postal Service i a U0 QU JS 6 Receipt for Certified Mail g ' RETURN WSME POSTMARK OR DATE M nE5mK.1E0 ()ELrvEfiV RECEIPT ' EWCE CEmmEUffF nETUnN nC[Ei01 1. •Z TOFKVfAtiIA .urEES 'P cC°o oa ra t` Honorable Thomas A. Placey '? T a District Justice a 104 S. Sporting Hill Rd. Mechanicsburg, PA 17055 r I 2 2 u L' 1 { PS FORM 3800 US Postal Service Receipt for Certified Mail LOUIS CUOMO, t/d/b/a HONDA BMW : IN THE COURT OF COMMON PLEAS OF MOTO SPORTS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 99-5684 CIVIL DAVID L. JOHNSON, JR. and MEMBERS 1sT FEDERAL CREDIT UNION, Defendants AND NOW this _ day of 1999, it is hereby ordered that the Preliminary Objections of Members 1st Federal Credit Union are sustained and the claim for attorneys' fees in Plaintiff's Complaint is dismissed. BY THE COURT: J. LOUIS CUOMO, t/d/b/a HONDA BMW : IN THE COURT OF COMMON PLEAS OF MOTO SPORTS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 99-5684 CIVIL DAVID L. JOHNSON, JR. and MEMBERS 16T FEDERAL CREDIT UNION, Defendants PRELIMINARY OBJECTIONS OF DEFENDANT MEMBERS 1ST FEDERAL CREDIT UNION AND NOW, comes Defendant Members 1st Federal Credit Union, by and through its attorneys, McNees, Wallace & Nurick, and files the following Preliminary Objections to the Complaint filed by Plaintiff Louis Cuomo, t/d/b/a Honda BMW Motosports. 1. Plaintiff Louis Cuomo is an adult individual who operates a motorcycle dealership under the trade name Honda BMW Motosports. Plaintiff Louis Cuomo's motorcycle dealership is located at 6653 Carlisle Pike, Mechanicsburg. 2. Defendant David L. Johnson, Jr, is an adult individual who resides at 3013 Lincoln Street, Camp Hill. 3. Defendant Members 1st Federal Credit Union is a credit union which operates in Cumberland County. 4. As stated above and pled in the Complaint, Plaintiff Louis Cuomo operates a motorcycle dealership. 5. As pled in the Complaint, on or about April 29, 1999, Defendant David L. Johnson, Jr. attempted to purchase a motorcycle from Plaintiff Louis Cuomo's motorcycle dealership. 6. As pled in the Complaint, Defendant David L. Johnson, Jr. attempted to pay for the motorcycle with a check, but he did not maintain sufficient funds in his account to satisfy the check. 7. As pled in the Complaint, the motorcycle was returned to Plaintiff Louis Cuomo, but Plaintiff Louis Cuomo claims that he has incurred damages arising out of the transaction. 8. Plaintiff Louis Cuomo has asserted a claim for breach of contract against David L. Johnson, Jr. (Count 1) and a claim for violation of Pennsylvania's commercial code against David L. Johnson, Jr. (Count 111). The Complaint alleges that Plaintiff Louis Cuomo incurred damages as a result of David L. Johnson, Jr.'s default and failure to pay under the contract to purchase the motorcycle. 9. In Count II of the Complaint, Plaintiff Louis Cuomo has asserted that Defendant Members 1st Federal Credit Union violated the Pennsylvania commercial code by stopping payment on the check. 10. In his claim against Defendant Members 1 st Federal Credit Union, Plaintiff Louis Cuomo has asserted in Count II a claim for attorneys' fees. 11. There is no basis for the recovery of attorneys' fees in this case. -2- 12. As a result, Defendant Members 1st Federal Credit Union files this preliminary objection seeking the dismissal of the claim for attorneys' fees. WHEREFORE, Defendant Members 1st Federal Credit Union requests that this Court sustain its preliminary objection and dismiss Plaintiff's claim for attorneys' fees. McNEES, WALLACE & NURICK James P. DeAngelo 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 17171232-8000 Attorneys for Defendant Members 1 °` Federal Credit Union Dated: November 10, 1999 -3- The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Mark A. Denlinger, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 David L. Johnson, Jr. 3013 Lincoln Street Camp Hill, PA 17011 Date: November 10, 1999 Ff7- i.? c5?`' ?n i. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sutmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next AtgnmrJnt Cant. CAPTION OF CASE (entire caption must be stated in full) LOUIS CUOMO, t/d/b/a HONDA BM MOM SPORTS, c7 .n ? (Plaintiff) m c „c -' Vs. DAVID L. JOHNSON, JR. and 1st FEDERAL CREDIT MEMBERS =c UNION, ITI cz? ? (Defendant) No. 5684 Civil 19 99 1. State matter to be argued (i.e., Plaintiff's motion for new trial. defendant's demurrer to complaint. etc.): Preliminary Objections of Defendant Members 1st Federal Credit union 2. Identify mussel who will argue case: (a) for plaintiff: Mark A. Denlinger, Esquire Address: Ten East High Street Carlisle, PA 17013 (b) for defendant: (Members 1st FCU) (David L. Johnson, Jr.) Address: James P. DeAngelo, Esquire Mr. David L. Johnson, Jr McNees, Wallace & Nurick 3013 Lincoln Street 100 Pine Street, P.O. Box 1166 Camp Hill, PA 17011 Harrisburg, PA 17108-1166 3. I will notify all parties in writing within two days that this case has beery listed for argument. 4. Argunent Court Date: January 5, 2000. Ie tmm Plain ff P:V7LB91DATAWLMENDOCM"Sf COM.1yW puud INIMM, I I.W PM W%.1 LOUIS CUOMO, t/d/b/a HONDA BMW IN THE COURT OF COMMON PLEAS OF MOTO SPORTS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 99-5684 CIVIL DAVID L. JOHNSON, JR. and MEMBERS 1 ST FEDERAL CREDIT UNION, Defendants 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 LOUIS CUOMO, t/d/b/a HONDA BMW IN THE COURT OF COMMON PLEAS OF MOTO SPORTS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 99-5684 CIVIL DAVID L. JOHNSON, JR. and MEMBERS 1 ST FEDERAL CREDIT UNION, Defendants AND NOW, comes the Plaintiff, Louis Cuomo, t/d/b/a Honda BMW Moto Sports, by and through its attorneys, h4ARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Plaintiff Louis Cuomo is an adult individual trading and doing business as Honda BMW Moto Sports with a registered place of business at 6653 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant David L. Johnson, Jr., is an adult individual who resides at 3013 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant Members 1st Federal Credit Union is a registered Pennsylvania financial institution with a registered office at 5275 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Plaintiffs business conducts operations involving the sale and service of motorcycles and motorbikes. 5. On or about April 29, 1999, Plaintiff sold a motorcycle to Defendant Johnson for an agreed upon price of $11,188.81. A copy of the written contract for sale of the motorbike is attached hereto as Exhibit "A" and is incorporated herein by reference as if fully set forth. 6. As agreed to by the parties, Defendant Johnson paid Plaintiff the agreed upon amount of $11,188.81 with a teller's check issued by Defendant Members 1". A copy of the teller's check is attached hereto as Exhibit "B" and is incorporated herein by reference as if fully set forth. 7. The teller's check was issued to the order of the Plaintiff and Defendant Johnson by Defendant Members I st, and endorsed by Defendant Johnson for payment to the Plaintiff. 8. On or about May 3, 1999, Plaintiff deposited the endorsed teller's check in Plaintiffs account at Keystone Financial Bank, N.A., as successor to Financial Trust Services Bank, in Carlisle, Pennsylvania. 9. On or about May 7, 1999, Defendant Members 1 st stopped payment on the endorsed and deposited teller's check. 10. In response to the stop payment, Plaintiff subsequently took possession of the motorcycle from Defendant Johnson. COUNTI Breach of Contract Honda BMW Moto Sports v. Johnson 11. Paragraphs I through 10 above are incorporated herein by reference. 12. The written commercial contract for the sale of the motorcycle is a complete and binding contract upon both Plaintiff and Defendant Johnson. 13. Defendant Johnson has breached his contractual obligations by not maintaining sufficient funds in his account to satisfy the teller's check issued by Defendant Members 1 st, thereby not making appropriate payment under the contract to Plaintiff. 14. Plaintiff has fulfilled all its obligations and conditions under the contract with Defendant Johnson and has fully performed the contract. 15. Plaintiff has suffered damages in the recovery, reclamation and resale of the motorcycle in the amount of $2,297.12 due to the Defendant Johnson's default and failure to pay under the contract. WHEREFORE, Plaintiff demands judgment against Defendant Johnson in the amount of $2,297.12 plus interest and costs, which is within the amount requiring compulsory arbitration. 3 COUNT 11 Violation of Pennsylvania Commercial Code Honda BMW Moto Sports v. Members 1st Federal Credit Union 16. Paragraphs 1 through 15 above are incorporated herein by reference. IT As the issuer of the teller's check, Defendant Members 1 st is an obligated bank under 13 Pa. C.S. § 3411. IS. On or about May 7, 1999, Defendant Members 1st, as the obligated bank, stopped payment of a teller's check issued to Plaintiff and Defendant Johnson. 19. Defendant Johnson endorsed the teller's check and negotiated the check to Plaintiff for payment on a contract for purchase of a motorcycle. 20. Under 13 Pa. C.S. § 3411, Plaintiff has the right to enforce the teller's check to obtain payment. 21. Defendant Members 1st, as the obligated bank, has violated the Pennsylvania Commercial Code, specifically 13 Pa. C.S. § 3411(b). 22. Under 13 Pa. C.S. § 3411, Plaintiff is entitled to recover compensation for expenses and loss of interest from the nonpayment by Defendant Members 1 st, including attorney's fees. 23. Plaintiffhas suffered damages and expenses in the amount of $2,297.12 plus attorney's fees in instituting this action due to Defendant Members lst's violation of the Pennsylvania Commerical Code, specifically 13 Pa. C.S. § 3411(b). WHERFORE, Plaintiff demands judgment against Defendant Members 1st in the amount of $2,297.12 plus attorney's fees, interests and costs, for expenses and loss of interest under 13 Pa. C.S. § 3411, which is within the amount requiring compulsory arbitration. COUNT IH Violation of Pennsylvania Commercial Code Honda BMW Moto Sports v. Johnson 24. Paragraphs 1 through 23 above are incorporated herein by reference. 4 25. On or about April 29, 1999, Defendant Members 1 st issued a teller's check payable to the order of Plaintiff and Defendant Johnson for $11,188.81. 26. Said teller's check was issued by Defendant Members 1 st for payment by Defendant Johnson to Plaintiff for Defendant Johnson's contract to purchase a motorcycle from Plaintiff. 27. Defendant Johnson endorsed the teller's check and negotiated the check to Plaintiff for payment on the Defendant Johnson's purchase of a motorcycle from Plaintiff. 28. As an endorser of the teller's check, Defendant Johnson bears all the obligations and liabilities of an endorser under the Pennsylvania Commercial Code. 29. Defendant Johnson has violated 13 Pa. C.S. § 3415 as an endorser of the check. 30. Under 13 Pa. C. S. § 3415, Defendant Johnson, as an endorser, is obligated to pay the amount due on the check according to the terms of the check at the time it was endorsed 31. As the endorser of the teller's check and as a customer of Defendant Members 1 st, Defendant Johnson has violated the Pennsylvania Commercial Code, specifically 13 Pa. C.S. § 3415(a). 32. Under the Pennsylvania Commercial Code, Plaintiff has suffered damages due to the stop payment of the teller's check by Defendant Members 1 st and Defendant Johnson's maintenance of insufficient funds in his accounts as a customer of Defendant Members 1 st. WHEREFORE, Plaintiff demands judgment against Defendant Johnson in the amount of $2,297.12 with interest and costs under 13 Pa. C.S. § 3415, which is within the amount requiring compulsory arbitration. MARTSON DEARDORFF WILLIAMS & OTTO By 9 eateof enli e , Esquire mission: Octo ber 21, 1999 igh Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: October 26, 1999 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Louis Cuomo, t/d/b/a t Honda BMW Moto Sports 7 tiECF 1',lFFld OCT 2 2 1999 Exhibit A Sent By: Honda 80,N1; 717791 9114; Oct-13-99 12:1813M; page 415 Store Hours Mon. • Fri. S l 7 Sat. 910 3 6st18 Carlilk Pike • Mecharticeburg, PA 17OW • (717) 700-2eas • FAX (717) 790-9114 Home hMN1 awwar ?IItMK DATE SD 1, r•SO tu- OR "K J ti - qk 92 atttaR? V t Cm,aTATL.Le Z` I q L. ee?e+ r r.•i- a?. 1.1.11 PA ?'i0t\ MAR Rasa L am MAKE MODEL lot U78 4auL KO. ... RUJ. 4D. y own ... DWIO 4q N A GBQatOEP - IHIZIS ; o ? Y 1! ols SA, 3 ol$LE ,?Jl S TrtU NO. •• LMN9e No. . .. EKA DAIS - COLOAp STOCK MQ ooL4n - Miii ;r--.. _.'2:.'.G, !R 4 n r_ R 9 - C) KEY No. OIL OATf NL a MWON 0 29 ASraP ,On , HL INNANA7I= _ I roLK1Ye oo OATG EXTE DWARRANTY Zy„ 7o I IpND11g?ERSCLW ?tIROADSDEASSISTANCE ra_r ,v \u ? k BASE PRICE. ftq9 log • o{ L!?9 ACCESSORIES. 27r-MI DEALER PREP 8 FREIGHT _ -2 -7 SUB TOTAL _ ?.? _1 I oS2 I! 1 TAXABLE BALANC ZE' . !ALLOWANCE l _ _ ?___ 1 or ?4 s SALES TAX I - 43s DOCUMENTARY FEES INfSTA1 1 071AN It YOU canal this purchase agrsemeot or refuse to take delivery of the vahlola otderod, Mopt as permitted by low, you shah, at our option, lortelt as damageol Used •ehMMe sold se•ls, unless apeollled otherwise pumhaver hereby acknowledges to the above Iwu. ounomero x egnnun x Deelar Aecoolenw TEMP TAG LIEN FEE -- - ? ??O NOTARY lUO TOTAL PRICE _ ._ _ f 1t oCb 132 LESS CASH DEPOSIT BALANCE DUE I r ! IS?c?viV H tr.,T 13 v. \El PROPER CARE FOR YOUR NEW VEHICLE REQUIRES BREAK-IN MAINTENANCE AT 000 MI. TOTAL PRICE IS S A-PP,E 1 10 9o0 -CALL OUR SERVICE DEPARTMENT 59;ank TGLL FOR AN APPOINTMENT Exhibit 8 o ' r- . v co JJ w O ?)o :,M V G ? A (? ... 53257 1 ° cc fit H t w t NH rA , ;:...t N L Lre... :: °.;dy? C 0 ?...Ir... ?.p.....:....._ ._. .4w 5 t?y'jY C s w Q 1: m a m to 0 0 a 0 i tJ - ., /IfIVI W114; de b MR Dwoorr IY?M A a ww Mato sports Lpsles t Uft"s M ?1Man m - -- Z Cn?tw 7S 52--. 0'95 19965• 41:.1 O I•.•... I ? ? ? Oto COQ O W ! O ? 1 ;1; 1 E+0., nm F rq / S* ® ent By; Honaa BMW, P:M WDATAFUE1Da6a.aA059.pa Gald: 0113M 0]6.07M RIA 6: 0N]p0W22$PM LOUIS CUOMO, t/d/b/a HONDA BMW MOTO SPORTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 99-5684 CIVIL DAVID L. JOHNSON, JR. and MEMBERS 1 ST FEDERAL CREDIT UNION, Defendants STIPULATION OF COUNSEL TO DISCONTINUE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. McNEES, WALLACE, & NURICK ilafnes P. DeAngelo, Esquire ' ,D. No. 62377 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Defendant Date: February 1 1 2000 MARTSON DEARDORFF WILLIAMS & OTTO Bye/? Ylark A. DeE inger, 96quire I .D. No. 83794 Ten East High Street Carlisle, Pa 17013-3093 (717) 243-3341 Attorneys for Plaintiff f f-ERTIFICATE OF SERVICE I, Kara E. Moore, an authorized representative of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Stipulation of Counsel to Discontinue was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: James P. DeAngelo, Esquire McNEES, WALLACE & NURICK 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Mr. David L. Johnson, Jr. 3013 Lincoln Street Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO B Kaz E. Moore Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February -/' 2000 G. J P LLIl ,` C, - r ? cm) 1