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HomeMy WebLinkAbout03-3552SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 35-5-9 CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend aqainst the claims set forth in the followinq pages, vou must take action within twenty (20) davs after this complaint and notice are served, by enterinq a written appearance personally or by attornev and filinq in writinq with the court vour defenses or objections to the claims set forth aqainst vou. You are warned that if vou fail to do so the case may proceed without vou and a iudament may be entered aqainst vou by the court without further notice for anv money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose monev or property or other riqhts 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A en coue. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes pagjnas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABODAGO IMMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 717-249-3166 McNEES WALLACE & NURICK LLC By awrence R. Wieder Attorney I.D. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5229 Fax: (717) 237-5300 Attorneys for Spankey's Auto Sales, Inc. Date: July o2 `J , 2003 SPANKEY'S AUTO SALES, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. P3 _ 3S?S?L CARROLL L. SHREVE, Defendant CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Spankey's Auto Sales, Inc. ("Spankey's"), is a Pennsylvania corporation with its principal place of business located at 701 E. Locust Street, Mechanicsburg, PA 17055. 2. Defendant, Carroll L. Shreve ("Shreve"), is an adult individual residing at 15 Rebecca Drive, York Haven, PA 17370. 3. On June 9, 2003, Shreve purchased from Spankey's, in Cumberland County, Pennsylvania, a 2000 Ford F-350 Pickup truck (the "Vehicle"), displaying VIN# 1 FTWW33FOYEB27470. 4. The purchase price of the Vehicle was Thirty-Four Thousand, Seven Hundred and Eighty-Seven Dollars ($34,787.00). A true and correct copy of the contract (the "Buyer's Order) evidencing the purchase is attached hereto as Exhibit "A". 5. As partial payment for the purchase, Shreve was to provide Spankey's with Twelve Thousand Dollars ($12,000.00) cash. 6. Shreve was unable to provide Spankey's with Twelve Thousand Dollars ($12,000.00) cash, but instead, offered a check (the "Check") from Bo's Construction Maintenance, in that amount. A true and correct copy of the Check is attached hereto as Exhibit "B. 7. On the bottom of the Check, was written - "Hold till Replaced." 8. Spankey's and Shreve had agreed that Shreve would either apply for an immediate loan to obtain the Twelve Thousand Dollars ($12,000.00) or Shreve would otherwise obtain the funds and provide them to Spankey's no later than July 1, 2003. 9. Based upon Shreve's representations, Spankey's completed the sale and titled the vehicle in Shreve's name. 10. At that same time, Spankey's recorded a lien on the title in favor of Members 1St Federal Credit Union. 11. To date, Shreve has not paid Spankey's the debt of Twelve Thousand Dollars ($12,000.00). 12. Spankey's has fully performed its obligations under the Buyer's Order and has not breached the agreement in any manner. COUNT I - REPLEVIN 13. Paragraphs 1-12 of the Complaint are incorporated herein by reference as if fully set forth at length. 14. The Vehicle is a 2000 Ford F-350 Pickup truck, burgundy and silver, displaying VIN# 1FTWW33FOYEB27470. 15. Spankey's believes that the Vehicle is being stored at the Defendant's residence, 15 Rebecca Drive, York Haven, PA 17370. 16. The value of the vehicle is approximately Thirty-Four Thousand, Seven Hundred and Eighty-Seven Dollars ($34,787.00). 2 17. Spankey's is entitled to possession of the Vehicle, because it transferred title to Shreve, upon Shreve's misrepresentation that he would pay Spankey's Twelve Thousand Dollars ($12,000) by July 1, 2003. 18. Spankey's would not have transferred title to the Vehicle had it known that Shreve did not intend to pay the Twelve Thousand Dollars ($12,000), that was due. WHEREFORE, Plaintiff, Spankey's Auto Sales Inc. requests this Court to (a) enter judgment in replevin in its favor and against Defendant, Carroll L. Shreve and (b) grant Spankey's Auto Sales Inc. possession of the 2000 Ford F-350 Pickup truck, burgundy and silver, displaying VIN# 1 FTWW33FOYEB27470 and presently titled in the name of the Defendant, Carroll L. Shreve. COUNT II - BREACH OF CONTRACT 19. Spankey's incorporates herein by reference the allegations contained in paragraphs 1 through 18 above. 20. Spankey's and Shreve entered into a written agreement for the sale of the Vehicle, the terms of which were contained in the Buyer's Order. 21. Shreve did not comply with the terms of the Buyer's Order as he did not pay Spankey's the Twelve Thousand Dollars ($12,000.00) that was due. 22. Spankey's complied with its obligations and transferred title to Shreve, pursuant to the terms of the Buyer's Order. 23. The unpaid balance of Twelve Thousand Dollars ($12,000.00) is immediately due to Spankey's. 3 WHEREFORE, Plaintiff, Spankey's Auto Sales, Inc., requests this Court enter judgment in its favor and against Defendant, Carroll L. Shreve, in the amount of Twelve Thousand Dollars ($12,000.00) plus interest. COUNT III - MISREPRESENTATION 24. Paragraphs 1-23 of the Complaint are incorporated herein by reference as if fully set forth at length. 25. Spankey's sold the Vehicle and transferred title to Shreve in reliance upon Shreve's representation that he would pay Spankey's Twelve Thousand Dollars ($12,000.00) by July 1, 2003. 26. When Shreve signed the Buyer's Order he did not reasonably expect to obtain the requisite Twelve Thousand Dollars ($12,000.00), which he needed to pay Spankey's by July 1, 2003. 27. Spankey's would not have transferred title to the Shreve, had it known that Shreve would not be paying the Twelve Thousand Dollar ($12,000.00) debt by July 1, 2003. 28. As a result of Shreve's misrepresentation, Spankey's has been damaged in the amount of Twelve Thousand Dollars ($12,000.00). 4 WHEREFORE, Plaintiff, Spankey's Auto Sales Inc. requests this Court enter judgment in its favor and against the Defendant, Carroll L. Shreve in the amount of Twelve Thousand Dollars ($12,000.00), plus interest, costs and attorney's fees. Respectfully submitted, McNEES WALLACE & NURICK LLC By Lawrence R. Wieder Attorney I.D. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5229 Fax: (717) 237-5300 Attorneys for Spankey's Auto Sales, Inc. Date: July h s 2003 5 07/25/2003 09:14 7176913418 SPANKEY'S AUTO SALES PAGE 02 07/23/2003 10:43 FAX. 717237,5300 McNees wallace & Nurick ? 002!015 VERIFICATION 1, Alan Myers, General Manager of 5pankey's Auto Sales, Inc. hereby verity that 1 .am authorized to make this Verification on its behalf and that the facts contained In the attached document are true and correct to the beat of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.8_ § 4904 relating to unswom falsification to authorities. Alan Myers Dated: July 25, 2003 {A42C33&i I SOURCE N Y ? MAIN ST, (71 n7-7- PA 1]055 ? ROUTES 11 & 15. SUMMEROALE, PA 17025 PHONE: NE: pt]) ]3]4" 7 PHONE (717) 792-777T 7777 PURCHASERCARROLL L. SHREVE NAME ? AUTO SALES, INC. ?$T1600 16002 N o TRUCK CENTER J 1702 HARRISBURG PIKE. CARLISLE. P.A 17011 5295 E. TRMDLE RD.. MC-CHANICSBURDI PA 17K5 PHONE (717) 241-241-0 PHONE: (>17) 891-SMI ROME (717)266-8565 ss (717)577-4736 NON I I PHONE ADDRESS 15 REBECCA DR YORKHAVEN PA 17370 DATE 06/09/03 I HEREBY PURC iASE FROM YOU, SUBJECT TO ALL TERMS; CONDITIONS, AND AGREEMENTS CONTAINED Heim THE FOwo-A m. - YEAR MAKE MODEL iI EDDY TYPE ' COLOR 2000 I FORD 1F350 PICKUP 1 PU + BURG/SIL_J SERIAL NUMBER MILEAGE TALESMAN - IFTWW33FOYEB27470 I LAN u01 FE__?__ ?? I `•7 ?' r] 1 eP SSLLINC PRICE:- 34787.00 ?^ MAKE MODEL COMMENTS: TYPE SERIAL NUMBER GUARDIAN MILEAGE UCENSE NO. TITTLE NO. ? 36M0/36500MILES COLOR 1 EXPIRATION DATE PAYOFF DUE TO: 17 NO. NMI` 16`111 JAi103?L fill;Ii1i/_rEIs]i I'Pf(' IARM PM22118-B31S38F AGENT ?eQ??Dp}?f?? _ i EW12i2M DAVE PONT AMT*YbPST RARR"BURG PA ? SOU 1 WITH LIMITED WARRANTY. Spankey'sAuto Sales, Inc. (Dealer) will pr vk!e a limited warranty on this vehicle following delivery for 30 days or 1000 riff s, whichever comes first. Dealer will pay 50% and customer will pay 50% for cov re, l items based on the retail basis of parts and labor used. This warranty covers the m ijine (including pistons, rings, crankshaft, crankcase, and engine bearings), - to Tansmission, and the rear end. This warranty does not cover valve cover gask ts, seals of any kind, fluids, tires, battery, glass, clock, heater, radio or seats and c ner upholstery. The Information you see on the window form for this vehicle is part of thl co itract. Information on the window, form overrides any contrary provisions in the cont act of sale. Unauthorized repairs will not be paid. You are responsible for tear-down nd repair costs K it is determined that failed component(s)/part((s) are not covered ul der this limited warranty. All work must be done at our shop. This limited warranty is in ieu of any other warranty either expressed or implied, including the implied w1 Tan:y of merchantability and Titness for a parfkaliar purpose. Dealer's ` gne[ure Customs Signature SC LD AS I: eK' assr:d or !IT fora pal ioular purpt correchr I arty defect I am as eptirg this without ny gguarante recent 5 ate4lspectic hold the seller or an) vehicle R am/ time it with thir sale and I in Custor er's Signature W itnes TOTAL SELLING PRICE LESS: TRADE ALLOWANCE TAXABLE SLWOTAL 6.000 % STATE TAX SALES TAX TAG FEE MfEA&H ENCUMBRANCE DOC/NOTARY FEE PAYOFF AMOUNT TOTAL PRICE 1590.00 1 I 36377.00 36377.0 1 2182.62 208.00 22.50 5.00 S5.00? 38850.:2 ~ 13000.00 LESS: DEPOSIT COD Zr[ for vehicle is soli as is without any Warren ttyy either I "ROfift T J I'? ling the implied warranty of merchantability and fitness FINANCE 2'850. 2 To aser will bear the entire expense of repairing or C_ r resently exist or that may occur in the vehicle. As purchaser without any guarantees as to the year and model and gainst any and all mechanical defects, and also without a eNvety of this vehicle is made at my own risk and I will not Iis agents responsible for anything that may happen to this future. There are no verbal understandings in connection to be bound by this declaration. PURCHASER PURCHASER BUYER CE9TIF,ES THAT HE/SHE IS X18 IiS OF AGE OR OLD BEAR AUTHORIZED REP SENTATIV oil ce) cm' C S _Q c0 t r 0 i ? . s ? 4 S F J 1 W rm C) rm z z r: LLI i z '?.L..Y IT O o1z V? O E rrT .?? © ??. ,Fy.o o'er w m ?o m 0 0 10 x TO 39VJ S3ivs oinv S,h3MNVJS 'N '1382964 )q?T1 -4a1.f16ffeI? A PA TITLE NUMBER (AS SHOWN ON ATTACHED TITLE; I VEHICLE IDENTIFICATION NUMBER R v1 Fr!,.n!23EOYE327470 B. LAST NAME (OR FULL BUSINESS NAME) -) NK Y' - +r-e- )1; w COSEL ER L` LAST NAME (OR FULL BUSINESS NAME) ad W CO-PURCHASER STREET CRY YORKHAVEi D. LAST NAME (OR FULL BUSINESS NAME) ?}".. rJ I 2?, r',i (See note on reverse) ?,?.?? CONDITION LESS ? GOOD El FAIR 0 POOR TRADE-IN ; i fO FIRST NAME MIDDLE INITIAL TAXABLE AMOUNT f j'? • - ! 3 I 1. Sales Tax Due - x8%l.(Mlw x7%(071 2182-, A(S. We M referee). FIRST NAME MIDDUEINITIAL DATEACCUIREO] 1A PURC ?s,O, "-'1 ? ?eson?(rrxei ? .. to 2 iv0) t 13"ASSlpnASftlt ; tB Sacad ASaiysnenf , ' COUNTY CODE T I - 2. TdIa Fee ._, \ 21.1 SO STATE ZIP CODE REFER m DOLINI`r coxs 9DE 1737' ? alien Fee C OFPatl( DOPY FIRST NAME MIDDLE INITIAL DATE ACQUIRED/ 0. Re9aaaUOn or x IPURCHgSED Processing Fee 198..00 CO-PURCHASER TbB Cx•RIP?NNnbe1' 11Ui??+9r1a?6Y1f!R? c STREET COUNTY CDE 5. L joak, Reg. 1 / P I Fee n Nc. of Cards CRY STATE ZIP LADE REFER COL COBE3 DSfPNO,9 QNREVERSE SIDE B. Trerrsler Fee of Prix covY I?alo r9 E MAKE OF VEHICLE VEHICLE KENTIFICATIONNUMBER I ].Increase Fee {I ! A MODEL YEAR I 1 BODY TYPE (CP, TK, ETC.) CONDITION 8. RePlecanent ? GOOD ? FAIR ? POOR Fee I"•\.`t F. ORIGINAL PLATE J Check One TRANSFER OF PREVIOUSLY ISSUED PLATE TOTAL PAID 9. 10. ? PLATE TO BE ISSUED By ? TRANSFER & RENEWAL OF PLATE (Add 1 thru 8) K -7 it ?; • BUREAU (PROOF OF IN- ? TRANSFER & REPLACEMENT OF PLATE Sand One SURANCE MUST BE AT- 11.GRAND TOTAL + ^ TACHED.) TRANSFER OF PLATE & REPLACEMENT OF STICKER Check m •? ..._ (Add 9 & 10) Thia Aacorrt ? EXCHANGE PLATE TO BE PLATE NO, REASON FOR REPLACEMENT *.?i. ISSUED BY BUREAU = OLOST 0 DEFACED ? s10LEN 2 ' 1 TEMPORARY PLATE EXPIRES O NEVERRECEN'NEVE'51LR fWI.wL1 i o `-V ISSUED BY FULL AGFM Month Year N07E: H RECEIVED" Mock's checkeq appraaM rtws[ e°rtplele F°rm MV-gA. -- TRANSFERRED FROM TITLE NO. I VIN a 'maxYLN5635_ - SIGNATURE OF PERSON FROM SIGN HERE 869574 WHOM RAE IS BEING TRANS RELATIONSHIP TO APPLICANT FEARED (IF OTHER THAN APPLICANT) VE ....... D GV WR UNLADEN W^EEIG? M REQ. REG. GROSS WT REQ. REG GROSS COMB. WEIGHT INFO.CHASE I Ia??C?I (y?pr (INCLUDING LOAD I l7 IWT.(? (IF APPLICABLE) I lElGlitNEE COMPAQ( NAME I POLICY NO. (ORS f - : - + • Q I POLICY I E i Y1i r't?ilii ATTACH BINDER) VLr ilt, I i.y7 DATE J its',. T NI, _N - 1 CERTIFY THAT ON MONTH DAY YEAR I IMG? T TI I'1V i U N?QAE) AG N{1 t . AGENT 1 HAVE CHECKED TO DETERMINE THAT THE VEHICLE IS INSURED AND !'1111 I? t ( :I .`, ?1L l:.' : S I . .I `J INFOR- ISSUED TEMPORARY REGISTRATION TO THE ABOVE APPLICANT, IN ISSUING AG SIGNATURE .7?L?gIpNE.NO." -I MATION COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE VEHICLE CODE n S f 7 AND DEPARTMENT REGULATIONS G I/WE CERTIFY THAT I/WE HAVE EXAMINED AND SIGNED THIS FORM AFTER ITS COMPLETION AND THAT INFORMATION IS TRUE AND CORRECT. IF AN EXEMPTION IS CLAIMED, THE PURCHASER FURTHER CERTIFIES THAT HE/SHE IS AUTHORIZED TO CLAIM THIS EXE I/WE AC E THAT I/WE MAY LOSE MY/OUR OPERATING PRMLEGE(S) OR VEHICLE REGISTRATION(S) FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBI ON THE CUR V EGISTERED VEHIG.E FOR PERIOD OF REGISTRATION. 1/WE ACKNOWLEDGE THAT I/WE Y BE SUBJECT TO A FINE NOT EXCEEDING 000 AND IMPRI ENT OF NOT MORE YYt?ARS FOR ANY FALSE STATEMENT WEMAKE OpI THIS a Si gm N2,Qf Shat Pwchal9j/yr Au Bq S' ner TELEPHONE NUMBER SgnaNre of 1sT 7177377'?/. ANTSN- SgnaNre of CO-Pu Tdla of ed Sgner?"'1if l\ II?.r1 ?i) N• l: t(' ..1 G J 1:.. ° 2ND SgneNre of Second Purchaser or Authorized Sigrrer TELEPHONE NUMBER SlgrlaNre of Seller J ASSIGN- MENT SynaNre of Co-Purchaser/Tithe of ADtlcdzed Sigrer SiglaNre of Co-Seller H. NOTE: If a co-purchaser other than your spouse is listed and you want the title to be listed as "Joint Tenants With iZ Right of Survivorship" (On death of one owner, title goes to surviving owner.) CHECK HERE ?. Otherwise, the title ?°-A will be issued as "Tenants in Common" (On death of one owner, interest of deceased owner goes to his/her heirs or 9-0 g estate). NOTE: IF THE VEHICLE IS TO BE USED AS A DAILY RENTAL OR LEASED VEHICLE, CHECK THIS BLOCK ? . IF BLOCK IS CHECKED, COMPLETE AND ATTACH FORM MVAL MESSENGER NUMBER: 1. BUREAU OF MOTOR VEHICLES ?/ ?- ? k' ?? ?. -? A ?. -,. '?- P ;: = SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03- g55-4 CIVIL ACTION - LAW MOTION FOR WRIT OF SEIZURE 1. Plaintiff, Spankey's Auto Sales, Inc. ("Spankey's") , is a Pennsylvania corporation with its principal place of business located at 701 E. Locust Street, Mechanicsburg, PA 17055. 2. Defendant, Carroll L. Shreve ("Shreve") is an adult individual residing at 15 Rebecca Drive, York Haven, PA 17370. 3. Contemporaneous with the filing of this Motion for Writ of Seizure, Spankey's filed a Complaint against Shreve. A true and correct copy of the Complaint is attached hereto as Exhibit "A" 4. The Complaint asserted a Count in Replevin. 5. The Complaint asserted that Spankey's had sold a burgundy/silver 2000 Ford F-350 Pickup truck, displaying VI N# 1FTWW33FOYEB27470 (the 'Vehicle") to Shreve. 6. The Complaint asserted that Shreve had not made final payment on the Vehicle and that Spankey's was entitled to possession. 7. The Complaint asserted that Spankey's had fully performed its obligations under the contract to sell the Vehicle. WHEREFORE, Plaintiff, Spankey's Auto Sales, Inc:. requests this Court enter an Order: (a) scheduling a hearing on this Motion, (b) issuing a Writ of Seizure to be served by the Sheriff, (c) directing the Sheriff to deputize the Sheriff of York County, Pennsylvania to take possession of the burgundy/silver 2000 Ford F-350 Pickup truck, displaying VIN# 1 FTWW33FOYEB27470 and turn possession of same over to Spankey's Auto Sales, Inc. or its authorized representative. Respectfully submitted, McNEES WALLACE & NURICK LLC By Lawrence R. Wieder Attorney I.D. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5229 Fax: (717) 237-5300 Attorneys for Spankey's Auto Sales, Inc. Date: July 2-5 , 2003 2 SPANKEY'S AUTO SALES, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. CARROLL L. SHREVE, Defendant CIVIL ACTION - LAW WRIT OF SEIZURE TO THE SHERIFF OF CUMBERLAND COUNTY: You are hereby directed to seize the following property: One (1) burgundy/silver 2000 Ford F-350 Pickup truck, displaying VIN# 1 FTWW33FOYEB27470, located at the home of the defendant Carroll L. Shreve, 15 Rebecca Drive, York Haven, PA 17370. If the property is found in the possession of a person not already a defendant, you are directed to add the person as a defendant, and notify the person that he or she has been added as a defendant and is required to defend this action. Date of Writ Prothonotary SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 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 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A en coue. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Listed puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABODAGO IMMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 717-249-3166 McNEES WALLACE & NURICK LLC By awrence R. Wieder Attorney I.D. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5229 Fax: (717) 237-5300 Attomeys for Spankey's Auto Sales, Inc. Date: July a5 , 2003 SPANKEY'S AUTO SALES, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. CARROLL L. SHREVE, Defendant CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Spankey's Auto Sales, Inc. ("Spankey's"), is a Pennsylvania corporation with its principal place of business located at 701 E. Locust Street, Mechanicsburg, PA 17055. 2. Defendant, Carroll L. Shreve ("Shreve"), is an adult individual residing at 15 Rebecca Drive, York Haven, PA 17370. 3. On June 9, 2003, Shreve purchased from Spankey's, in Cumberland County, Pennsylvania, a 2000 Ford F-350 Pickup truck (the 'Vehicle"), displaying VIN# 1 FTWW33FOYEB27470. 4. The purchase price of the Vehicle was Thirty-Four Thousand, Seven Hundred and Eighty-Seven Dollars ($34,787.00). A true and correct copy of the contract (the `Buyer's Order) evidencing the purchase is attached hereto as Exhibit "A". 5. As partial payment for the purchase, Shreve was to provide Spankey's with Twelve Thousand Dollars ($12,000.00) cash. 6. Shreve was unable to provide Spankey's with Twelve Thousand Dollars ($12,000.00) cash, but instead, offered a check (the "Check") from Bo's Construction Maintenance, in that amount. A true and correct copy of the Check is attached hereto as Exhibit "B. 7. On the bottom of the Check, was written - "Hold till Replaced." 8. Spankey's and Shreve had agreed that Shreve would either apply for an immediate loan to obtain the Twelve Thousand Dollars ($12,000.00) or Shreve would otherwise obtain the funds and provide them to Spankey's no later than July 1, 2003. 9. Based upon Shreve's representations, Spankey's completed the sale and titled the vehicle in Shreve's name. 10. At that same time, Spankey's recorded a lien on the title in favor of Members 1St Federal Credit Union. 11. To date, Shreve has not paid Spankey's the debt of Twelve Thousand Dollars ($12,000.00). 12. Spankey's has fully performed its obligations under the Buyer's Order and has not breached the agreement in any manner. COUNT I - REPLEVIN 13. Paragraphs 1-12 of the Complaint are incorporated herein by reference as if fully set forth at length. 14. The Vehicle is a 2000 Ford F-350 Pickup truck, burgundy and silver, displaying VIN# 1FTWW33FOYEB27470. 15. Spankey's believes that the Vehicle is being stored at the Defendant's residence, 15 Rebecca Drive, York Haven, PA 17370. 16. The value of the vehicle is approximately Thirty-Four Thousand, Seven Hundred and Eighty-Seven Dollars ($34,787.00). 2 17. Spankey's is entitled to possession of the Vehicle, because it transferred title to Shreve, upon Shreve's misrepresentation that he would pay Spankey's Twelve Thousand Dollars ($12,000) by July 1, 2003. 18. Spankey's would not have transferred title to the Vehicle had it known that Shreve did not intend to pay the Twelve Thousand Dollars ($12,000), that was due. WHEREFORE, Plaintiff, Spankey's Auto Sales Inc. requests this Court to (a) enter judgment in replevin in its favor and against Defendant, Carroll L. Shreve and (b) grant Spankey's Auto Sales Inc. possession of the 2000 Ford F-350 Pickup truck, burgundy and silver, displaying VIN# 1FTWW33FOYEB27470 and presently titled in the name of the Defendant, Carroll L. Shreve. COUNT II - BREACH OF CONTRACT 19. Spankey's incorporates herein by reference the allegations contained in paragraphs 1 through 18 above. 20. Spankey's and Shreve entered into a written agreement for the sale of the Vehicle, the terms of which were contained in the Buyer's Order. 21. Shreve did not comply with the terms of the Buyer's Order as he did not pay Spankey's the Twelve Thousand Dollars ($12,000.00) that was due. 22. Spankey's complied with its obligations and transferred title to Shreve, pursuant to the terms of the Buyer's Order. 23. The unpaid balance of Twelve Thousand Dollars ($12,000.00) is immediately due to Spankey's. 3 WHEREFORE, Plaintiff, Spankey's Auto Sales, Inc., requests this Court enter judgment in its favor and against Defendant, Carroll L. Shreve, in the amount of Twelve Thousand Dollars ($12,000.00) plus interest. COUNT 111 - MISREPRESENTATION 24. Paragraphs 1-23 of the Complaint are incorporated herein by reference as if fully set forth at length. 25. Spankey's sold the Vehicle and transferred title to Shreve in reliance upon Shreve's representation that he would pay Spankey's Twelve Thousand Dollars ($12,000.00) by July 1, 2003. 26. When Shreve signed the Buyer's Order he did not reasonably expect to obtain the requisite Twelve Thousand Dollars ($12,000.00), which he needed to pay Spankey's by July 1, 2003. 27. Spankey's would not have transferred title to the Shreve, had it known that Shreve would not be paying the Twelve Thousand Dollar ($12,000.00) debt by July 1, 2003. 28. As a result of Shreve's misrepresentation, Spankey's has been damaged in the amount of Twelve Thousand Dollars ($12,000.00). 4 WHEREFORE, Plaintiff, Spankey's Auto Sales Inc. requests this Court enter judgment in its favor and against the Defendant, Carroll L. Shreve in the amount of Twelve Thousand Dollars ($12,000.00), plus interest, costs and attorney's fees. Respectfully submitted, McNEES WALLACE & NURICK LLC By Lawrence R. Wieder Attorney I.D. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5229 Fax: (717) 237-5300 Attorneys for Spankey's Auto Sales, Inc. Date: July A5 2003 5 07/25/2003 09:14 7176913416 SPANKEY'S AUTO SALES PAGE 02 07/23/2003 10:49 FAX 7172375300 XCNeea Wallace & Nurick 9002/015 VIERIFICATIONI f, Alan Myers, General Manager of Spankey's Auto Safes, Inc, hereby verify that I am authorized to make this Verification on its behalf and that the facts contained In the attached document are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penaWes of 18 Pa. C_S_ § 4904 relating to unswom falsification to authorities. Alan Myers Dated: July 25, 2003 {A42433&1 Exhibit "A" Rlsoo2 SOURCE ?t??IVKty?.j AUTO SALES, INC. x N O MAIN ST., MECHANICSRUR , PA 17055 - - U ROUTES 11 815, SUMMEROALE, PA 17025 ? TRACK CENTER, J 1702 HARRISBURG PIKE, CARLISLE. PA 17013 PHONE: (717) 73]-T T PHONE: (777) 732.7177 5239 E. TFI LADLE AD, MECRANICSSURG. PN 17- iS PHONE (717) 241-241-0 PHONE: (117) E91-5281 AMEHASERCARROLL L. SHREVE (717)266-8565 pHow s$ (717)577-4736 _ kDDRESS IS REBECCA OR YORKHAVEN PA 17370 DATE 06/09103 : I HEREBY PURL iASE FROM YOU, SUBJECT TO ALL TERMS, CONDITIONS, AND AGREEMENTS CONTAINED HEREIN, THE FCv-W ,1NM. YEAR MAKE MODEL RI1_; TYPE OLOR 2000 FORD I F350 PICK UP I Pll - SL C _ - SALESMAN -. SERIAL NUMBER MILEAGE IFTWW33FOYE827470 46AQ2 • • r SELLINC PRtGE:' 34787: 0 ilr?' vEah MAKE MODEL COMMENTS: TYPE SERIAL NUMBER GUARDIAN 1590- 00 MILEAGE LICENSE NO. TITLE NO. COLOR EXPIRATION DATE PAYOFF DUE TO: STOCK NO. ?- • • TOTAL SELLING PRICE . 36377. 0 )0 TM LESS: TRADE ALLOWANCE ?E2118431S381` AGENT 36377. )0 _ TAXABLE SUBTOTAL I 9I'P?3 DAVE PONT SATE TAX -2182- 32 SALES TAX Wt€RMOFff NARRPWRG PA 208. )0 TAG FEE ? SOL' 1 NV11 H LIMITED WARRANTY, Spankey's Auto Sales, Inc. (Dealer) 22. O will pr We a limited. warranty on this vehicle following delivery for 30 days or fT?f 1000 IN s, whichever comes first. Dealer will pay 50% and customer will pay A&H 50% for cov re1l items based on the retain basis of parts and labor used. This warranty 5 0 0 covers the m1line (including pistons, rings, crankshaft, crankcase, and engine b i - i i ENCUMBRANCE . ear ngs),. he Tansm ss on, and the rear end. This warranty does not cover valve cover gask is, seats of any kind, fluids, tires, battery, glass, clock, heater, radio or seats and c ner upholstery. The Information you see on the window form for this vehicle NO 55. O is pan of th; 00 ]tract Information on the window fo m overrid t i i DOCI TARY FEE . r es any con rary prov s ons in the cont act of sale. Unauthorized repairs will not be paid You are responsible for tear-down nd repair costs if it is determined that failed c nnponent(s)/part(s) are not covered ul der this limited warranty All work must be done at our sho i li it d PAYOFF AMOUNT ? . p. s m e warranty is in ieu of any other warranty either expressed or implied, including the i l - 388SO --- 2 mp ied m Tany of merchantability and. fitness for a particular purpose. TOTAL PRICE • ' 13000-6 0 . Dealer s ' gnanlre LESS: DEPOSIT Custome S"ture - coo ? SC LD AS IS. This motor vehicle is sold as is without any mntyy either '?p?T ll _CL E n exf h MKI or implied includinngg the implied warranty of merchantabilit fitness r+F i1Nk1 FINANCE , y for a par Icular purpose. The purchaser. will bear the entire expense of repairing or conecllr l any defects that Presently exist or that may occur in the vehicle. As purchaser i y .................... '- Y- -- ,,,....o, woo without ny guarantees against any and all mechanical detects, and also withouta recent ate Inspection Delivery of this vehicle is made at my own risk and I will not hold the seller. or any of its agents responsible for anything that may (happen to this PURCHASER - vehicle d ami time in the future. There are no verbal understandings in Connection with thin sale and 1 intend to be bound by this declaration. Custor er's Signature BUYER CE- TIFIES THAT HEISHE IS l1&TEj1IS OF AGE OR OLDER, C W Witnes ; Exhibit "B" j 'I j s 01 m $ . ,? .M 03 48 ?s o- o ?. 111 U Z H a Z?a Omw Ny O Z O' U , N m wLL ?o N° 40 TO 39Cd c o' m ti N 0 CC o N ? O F ^' I m _i m ? o l p S31tlS oinv S,A3NNGdS Exhibit "C" 1?1.,L i '2 0 7 Q P A 1Y .L. %.; V L -j 'T P 11 A TITLE NUMBER (AS SHOWN ON AI-TACHEO TITLE) MAKE OF VEHICLE MODEL YEAR PURCFIASE PR CE nn 2fi;'?(j (See llotemrescvse) et W,'? V EHICLE IDENTIFICATION NUMBER COt?URN)N LESS DE IN i ?i ?? ?1FT:JW=3F0'iE??747i:7 FAIR rooR ?GOOD ? ? - TRA : L AST NAME (OR FIR.L BUSINESS NAME) FIRST NAME MIDDLE IN rAl_ O SPANK a ALTO LC. 1 ,•_ . r COSELLER 1. Sales Tax G,e %896 (.DB) IX 1 q 1' See mb on reel. (`.. LAST NAME (OR FULL BUSINESS NAME) FIRST NAME MIDDLE INMAI DATE ACQUIRED/ Pllf TCHfSj R?eOeK+A (jbm t , i _ J ( r CARRf A L IE F SHF ; - . CO-PURCHASER F 11} T g, " aE t+ ? f ,;,F -i ,usy ,. , 3'SVi r* ' ? v y eik r S- . _ . £ STREET ?. COUNTY CODE 2 Title Fee .^ A "P C :BFC 15 R STATE ZIP CODE arv 17371; PFAFfiroCO1XRY GegEs sDE 3.UonFee 5.?f0 „ f V YORKHAVEn D LAST NAME (OR FLAT BUSINESS NAME) FIK51 NAME MIDDLE INITIAL DAB IRED/ 3. Re*Aatioo or X 00 . Rpmasing Fee 198., CO-PURCHASER a 77 T r `G Y} Y € CWNTY CODE S. DgScaa Reg. STREET r/ Fee No. Of Cards p1 r o •$ CRY STATE ZIP CODE _ U gEVFJiSEV SITES 8 Transfer Fee .. '4' A OF PYiI(?PY E MAKE OF VEHICLE VEHICLE IDENTIFICATION NUMBER T, ycrease Fee AI ; N i° MODEL YEAR BODY TYPE (CP1 M ETC.) CONDITON 8. RepMnement ? G000 ? FAIR ? POOR R. 9. 1Q F. ORIGINAL PLATE ? Check Ono ? TRANSFER OF PREVIOUSLY ISSUED PLATE ER 8 RENEWAL OF PLATE F-1 B) _ (Add 1 P D 1C `_I, I 1 , r L ? ATE TO BE ISSUED BY R TRANSF Send BUREAU (PROOF OF IN- ? TRANSFER A REPLACEMENT OF PLATE GRAND TOTAL 1 1 a SURANCE MUST BE AT- TACHED) ? TRANSFER OF PLATE A REPLACEMENT OF STICKER . (Add 9 8 10) r, T= EXCHANGE PLATE TO BE LJ ISSUED BY BUREAU PLATE ND' . '. REASON FOR REPLACEMENT OLOST ? mrAO° ¢ TEMPORARY PLATE EXPIRES E ?NEVfR BECENE° °Sr w NaL) RR RECEIVED" bio cis checked a icaM must Pone MV-". NOTE 0 z ISSUED BY FULL AGENT Yea Man : ° VPI RE NO z . TRANSFERRED FROM TI x yLN 5 6 SIGNATURE OF PERSON FROM SIGN HERE RELATIONSHIP TO APPLICANT '- 869574 '. WHOM PIAiE Is BEING TRANS < - ED( Ol)iER TIWI APPLTGWT) IF UNLADEN WEIGHT REO REG. GROSS WT REO REG. GROSS COMB. VE °. MAASED GVWR/ WEIGHT INFO. INCLUDING LOAD wT (1? IF APIA CgABLL(E))M?A FOR E f-r"11? NAME AI IACH BWOER• `EL- i1V"V .?:Ji 7 DATE POLICY i. ?I +(l DAl'E.i IN l? fil E . I CERTIFY THAT ON MONTH DAY--YEARI'-(If'1/'EE?' r,rG' . P I t 11 U SAL L S i )4 f ATM-, ISSUING 1 HAVE CHECKED TO DETERMINE THAT THE VEFtlCLE IS INSURED AND AGENT ?M ISSUED TEMPORARY REGISTRATION TO THE ABOVE APPLICANT, IN NO"-+ ISSUING SIGNATURE , / - i ! M ALL APPLICABLE PROVISIONS OF THE VEHICLE CODE ( ).. COMPLIANCE ATIO DERkRI MATION A AND DEPAATMENT EM REGULATIONS WE CERTIFY THAT 1/VVE HAVE EXAMINED AND SIGNED THIS FORM AFTER ITS COMPLFMIN AND THAT MFORMATKXJ IS TRUE AND CORRECT IF AN EXEMPTION VW E MAY LOSE MY/OUR OPERATING G THE PURCHASER FURTHER CERTIFIES THAT HE/SHE IS AUTHORIZED TO CLAIM THIS . I/WE ACK E IS CLAIMED ON THE CU Y GISTERED VEHICLE FOR E PERIOD OF . PRAM-EGE(S) OR VEHICLE REGISTRATION(S) FOR FAILURE TO MAINTAIN RNANCIPL REAPON 000 AND IMPRI EM OF NOT MORE Y FOR ANY CT TO A FINE NOT EXCEEDING , REGISTRATION. 1/WE ACKNOWLEDGE THAT I/WE Y BE SUBJE FALSE STATEMENT WE MAKE O THIS FbA Autln Signer TELEPHONE NUMBER Sig er P u Sgnature rs ST 1/x7737f/7/ ° - 1 ` 1 ASSIGN_ Signature of Co- Title of zed Sgner - `, /t TO r IXS t1 J I ES NC. , MEIN ° 2ND ac r wm of Second Punflaser Or Autlvrized Seller TELEPHONE NUMBER Signature of Seller ( ) ASSIGN- MEIN Signature of co-Purchaser/Tltle of Autho,i Sgner sgnature of Go-Seller NOTE: If a co-purchaser other than your spouse is listed and you want the title to be listed as 'Joint Tenants With l H. F e Right of Survivorship' (On death of one owner, title goes to surviving owner.) CHECK HERE []. Otherwise, the tit r i h ° rs o e interest of deceased owner goes to his/her mmon' (On death of one owner i C t ' s , n o Tenan s will be issued as ° ° < estate). CHECK THIS BLOCK . IF BLOCK IS CHECKED, COMPLETE AND ATTACH FORM MV-IL A DAILY RENTAL OR LEASED VEHICLE , NOTE: IF THE VEHICLE IS TO BE USED AS uvcc°wlccn MI f.11RFR- 1. BUREAU OF MOTOR VEHICLES ? ?? f. -., -?' ? - ,_ - :- ?:; ?, ?_ - _ SPANKEY'S AUTO SALES, INC., Plaintiff v. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF STIPULATED CONSENT ORDER Plaintiff, Spankey's Auto Sales, Inc., by and through its undersigned counsel, hereby requests that the attached Stipulated Consent Order be entered as an Order of Court. McNEES WALLACE & NURICK LLC Lawrence R. Wieder Attorney I.D. 16707 Kimberly M. Colonna Attorney I.D. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Fax: (717) 237-5300 Attorneys for Plaintiff Spankey's Auto Sales, Inc. Dated: August 5, 2003 SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 355 2 CIVIL ACTION - LAW ORDER AND NOW, this Ybday of A.,'Sv -rCt 2003, upon consideration of Plaintiffs Motion for Writ of Seizure, and upon good cause shown, a hearing on this matter is hereby scheduled for theoday of)9(160 2003, A y110 r". Courtroom Number- of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. BY THE COURT: 000. c 'y 'r i__ ??? _ '__ J ?) Fp _ , iJ ? _ ;, i :°? U SPANKEY'S AUTO SALES, INC., Plaintiff v. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 CIVIL ACTION -- LAW PRAECIPE FOR ENTRY OF STIPULATED CONSENT ORDER Plaintiff, Spankey's Auto Sales, Inc., by and through its undersigned counsel, hereby requests that the attached Stipulated Consent Order be entered as an Order of Court. McNEES WALLACE & NURICK LLC By "/? 6L ? Lawrence R. Wieder Attorney I.D. 16707 Kimberly M. Colonna Attorney I.D. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: ('717) 232-8000 Fax: (717) 237-5300 Attorneys for Plaintiff Spankey's Auto Sales, Inc. Dated: August 5, 2003 AUG U 8 2003 V SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT" OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 CIVIL ACTION -- LAW STIPULATED CONSENT ORDER This action was initiated by the filing of a Complaint and a Motion for Writ of Seizure on July 25, 2003. A hearing on Motion for Writ of Seizure has been scheduled for 9:00 A.M., on Wednesday, August 6, 2003, in Courtroom 1 of the Cumberland County Courthouse. The parties wish to resolve this action without the expenditure of further resources and expenses in contested litigation. They agree that the entry of this Stipulated Consent Order will be in the interest of the parties and they enter into this stipulated consent order knowingly and voluntarily. AND NOW, this day of August, 2003, upon agreement of the parties, IT IS HEREBY ORDERED that 1. On or before August 8, 2003, at 5:30 P.M., Defendant, Carroll L. Shreve ("Shreve"), shall pay the sum of $4,000.00 to Plaintiff by certified or cashier's check payable to "Spankey's Auto Sales, Inc." The sum shall be deemed paid only when the certified or cashier's check is delivered to McNees Wallace & Nurick LLC, c/o Kimberly M. Colonna, at 100 Pine Street, Harrisburg, Pennsylvania, 17108-1166. 2. On or before September 5, 2003, at 5:30 P.M., Shreve shall pay the sum of $8,000.00 to Plaintiff Spankey's Auto Sales, Inc. by certified or cashier's check YNNAIASNNMd G I -S Ild E I 'dfiv W? payable to Spankey's Auto Sales, Inc." The sum shall be deemed paid only when the certified or cashier's check is delivered to McNees Wallace & Nurick LLC, c/o Kimberly M. Colonna, at 100 Pine Street, Harrisburg, Pennsylvania, 17108-1166. 3. Shreve consents to the immediate issuance of a Writ of Seizure for the burgundy/silver 2000 Ford F-350 pickup truck, VIN #1 FTWW33FOYEB27470, upon Plaintiff's presentation of this Consent Order to the Court and Plaintiffs representation to the Court that either of the payments required by paragraphs 1 and 2 were not received. 4. Within ten (10) days of the receipt of the payments described in paragraphs 1 and 2 above, Plaintiff shall take all actions necessary to dismiss this action. 5. The hearing scheduled for 9:00 A.M., on Wednesday, August 6, 2003, in Courtroom 1 of the Cumberland County Courthouse is hereby cancelled. AGREED and CONSENTED TO: AGREED and CONSENTED TO: 0'a ? A,& R I ? ?L dt-?- Carroll L. hre .'Kimberly M. olonna McNees Wallace & Nurick LLC Counsel for Spankey's Auto Sales, Inc. IT SO ORDERED 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by United States first-class mail, postage prepaid, upon the following: Carroll L. Shreve 15 Rebecca Drive York Have, PA 17370 Kimberly W Colonna Dated: August 5, 2003 c? ? o C G? "'I ? f?t 1 _. t SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 CIVIL ACTION - LAW MOTION FOR WRIT OF SEIZURE 1. On August 13th, 2003, the Plaintiff, Spankey's Auto Sales, Inc. ("Spankey's") and Defendant, Carroll L. Shreve ("Shreve"), Defendant entered into a Stipulated Consent Order (the "Order"). A true and correct copy of the Consent Order is attached hereto as Exhibit "A". 2. % 2 of the Order provides: "On or before September 5, 2003, at 5:30 P.M., Shreve shall pay the sum of $8,000.00 to Plaintiff Spankey's Auto Sales, Inc. by certified or cashier's check payable to Spankey's Auto Sales, Inc." The sum shall be deemed paid only when the certified or cashier's check is delivered to McNees Wallace & Nurick LLC, c/o Kimberly M. Colonna, at 100 Pine Street, Harrisburg, Pennsylvania, 17108-1166." 3. 13 of the Order provides: "Shreve consents to the immediate issuance of a Writ of Seizure for the burgundy/silver 2000 Ford F-350 pickup truck, VIN #1 FTWW33FOYEB27470, upon Plaintiff's presentation of this Consent Order to the Court and Plaintiffs representation to the Court that either of the payments required by paragraphs 1 and 2 were not received." 4. On Thursday, September 4, 2003 and Friday, September 5, 2003, counsel for Spankey's spoke with Shreve and reminded him that the payment was due on Friday, or the vehicle, which was the subject of the action must be returned. 5. On Friday, September 5, 2003, Shreve advised that he could not make the payment and would return the vehicle on Friday, as required by the Order. 6. Shreve did not make the payment or return the vehicle as required by the Order. 7. Shreve is in contempt of the Order. 8. In accordance with the Order, a Writ of Seizure should issue. WHEREFORE, Plaintiff, Spankey's Auto Sales, Inc:. requests the Court enter a Writ of Seizure. Respectfully submitted, McNEES WALLACE & NURICK LLC By-/ Lawrence R. Wieder Attorney I.D. 16707 100 Pine Street P.O. Box '1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5229 Fax: (717) 237-5300 Attorneys for Spainkey's Auto Sales, Inc. Date: September l , 2003 2 VERIFICATION I, Lawrence R. Wieder, Esquire, counsel for Spankey's Auto Sales, Inc., verify that the statements made in the foregoing document are true 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. §4904, relating to unsworn falsification to authorities. Lawrence R. Wie;der, Esquire Date: September 5 , 2003 AUG U 8 2003 SPANKEY'S AUTO SALES, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-3552 CARROLL L. SHREVE, Defendant CIVIL ACTION - LAW STIPULATED CONSENT ORDER This action was initiated by the filing of a Complaint and a Motion for Writ of Seizure on July 25, 2003. A hearing on Motion for Writ of Seizure has been scheduled for 9:00 A.M., on Wednesday, August 6, 2003, in Courtroom 1 of the Cumberland County Courthouse. The parties wish to resolve this action without the expenditure of further resources and expenses in contested litigation. They agree that the entry of this Stipulated Consent Order will be in the interest of the parties and they enter into this stipulated consent order knowingly and voluntarily. AND NOW, this day of August, 2003, upon agreement of the parties, IT IS HEREBY ORDERED that 1. On or before August 8, 2003, at 5:30 P.M., Defendant, Carroll L. Shreve ("Shreve"), shall pay the sum of $4,000.00 to Plaintiff by certified or cashier's check payable to "Spankey's Auto Sales, Inc." The sum shall be deemed paid only when the certified or cashier's check is delivered to McNees Wallace & Nurick LLC, c/o Kimberly M. Colonna, at 100 Pine Street, Harrisburg, Pennsylvania, '17108-1166. 2. On or before September 5, 2003, at 5:30 P.M., Shreve shall pay the sum of $8,000.00 to Plaintiff Spankey's Auto Sales, Inc. by certified or cashier's check payable to Spankey's Auto Sales, Inc." The sum shall be deemed paid only when the certified or cashier's check is delivered to McNees Wallace & Nurick LLC, c/o Kimberly M. Colonna, at 100 Pine Street, Harrisburg, Pennsylvania, 17108-1166. 3. Shreve consents to the immediate issuance of a Writ of Seizure for the burgundy/silver 2000 Ford F-350 pickup truck, VIN #1 FTWW33FOYEB27470, upon Plaintiffs presentation of this Consent Order to the Court and Plaintiff's representation to the Court that either of the payments required by paragraphs 1 and 2 were not received. 4. Within ten (10) days of the receipt of the payments described in paragraphs 1 and 2 above, Plaintiff shall take all actions necessary to dismiss this action. 5. The hearing scheduled for 9:00 A.M., on Wednesday, August 6, 2003, in Courtroom 1 of the Cumberland County Courthouse is hereby cancelled. AGREED and CONSENTED TO: L.iM...? ?ys w Carroll L. Shreve YY AGREED and CONSENTED TO: Kimber? ly M. Colonna McNees Wallace & Nurick LLC Counsel for Spankey's Auto Sales, Inc. TRUE COPY FROM RECORD In Testimony vdtcreof, I here nto set my hand. and the seal of said Coprt A jarlisle, Pa. _ 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by United States first-class mail, postage prepaid, upon the following: Carroll L. Shreve 15 Rebecca Drive York Have, PA 17370 Lawrence R. Wieder Ll? Dated: September j , 2003 J ' ?n C c .; 14 ?r ? 4r. SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. Civ. P. No. 1037(b), enter judgment in favor of Spankey's Auto Sales, Inc., Plaintiff, in the above-captioned action, and against Carroll L. Shreve, Defendant, in the above-captioned action, for failure to file an Answer to Plaintiffs Complaint within twenty (20) days from the date of service of said Complaint, and assess Plaintiffs damages in the total sum of $8,000 as principal, plus interest at the rate of 6% per annum, collection costs and attorneys' fees, until Defendant's obligation is paid in full. I hereby certify that a written Notice of Intention to File this Praecipe for Entry of Default Judgment was given in accordance with Pa. R. Civ. P. No. 237.1. A true and correct copy of the aforesaid Notice is attached hereto. I hereby certify that the last known address of the Defendant is Carroll L. Shreve, 15 Rebecca Drive, York Haven, PA 17370 Respectfully submitted, McN LLACE & NURICK LLC By awrence R. Wieder Attorney I.D. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5229 Fax: (717) 237-5300 Attorneys for Spankey's Auto Sales, Inc. Date: September 24, 2003 SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 CIVIL ACTION - LAW IMPORTANT NOTICE TO: CARROLL L. SHREVE DATE OF NOTICE: September 10, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. YORK LEGAL REFERRAL 137 E. Market Street York, PA 17401 717 854-8755 AVISO IMPORTANTE A: CARROLL L. SHREVE FECHA DEL AVISO: September 10, 2003 LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. YORK LEGAL REFERRAL 137 E. Market Street York, PA 17401 717 854-8755 McNEES WALLACE & NURICK LLC By Lawrence R. Wieder Attorney I.D. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5229 Fax: (717) 237-5300 Attorneys for Spankey's Auto Sales, Inc. 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by United States first-class mail, postage prepaid, upon the following: Carroll L. Shreve 15 Rebecca Drive York Haven, PA 17370 Lawrence R. Wieder Dated: September 10 , 2003 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by United States first-class mail, postage prepaid, upon the following: Carroll L. Shreve 15 Rebecca Drive York Haven, PA 17370 Law nce R. Wieder Dated: September Ajq 2003 1 D rN^ v l 70 C 6 c:: n G Cr ?l r <Ti ?'?:. W -Ti J; SPANKEY'S AUTO SALES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 V. CARROLL L. SHREVE, Defendant CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: You are hereby directed to deputize the Sheriff of York County, Pennsylvania to seize the burgundy/silver 2000 Ford F-350 Pickup truck, displaying VIN# 1 FTWW33FOYEB27470 (the "Vehicle"), which was last in the possession of the Defendant at his residence at 15 Rebecca Drive, York Haven, PA 17370. Upon seizure of the Property, you are directed to deputize the Sheriff of York County to turn possession of the Vehicle over to Spankey's Auto Sales, Inc. or its authorized representative. If the property is found in the possession of a person not already a Defendant, you are directed to add the person as a Defendant, and notify the person that he or she has been added as a Defendant and is required to defend this action. J.516, J, Pr notary , / ?y?- TPUE COPY F 1/* In Testimony whet of, I We unto set my hand c?? ne seoi off sal 3h ??. . 4 0 SEP 1 1 2003 SPANKEY'S AUTO SALES, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-3552 CARROLL L. SHREVE, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of rn } 2003, the Plaintiffs Motion for Writ of Seizure is hereby GRANTED, and the Court directs that the following actions be taken: 1. The Sheriff is directed to deputize the Sheriff of York County, Pennsylvania to seize the burgundy/silver 2000 Ford F-350 Pickup truck, displaying VIN# 1 FTWW33FOYEB27470 (the "Vehicle"), which was last in the possession of the Defendant at his residence at 15 Rebecca Drive, York Haven, PA 17370. 2. Upon seizure of the Property, the Sheriff of Cumberland County shall deputize the Sheriff of York County to turn possession of the Vehicle over to Spankey's Auto Sales, Inc. or its authorized representative. 6Q, (D?1 BY THE COURT: f J. - w(-- 04 '?? cOW 49 ,S& 7(f h1 9 -Da? tv, -?? a ? - 'saaNW 00 5;3;?i hit -#- Lp SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 CIVIL ACTION - LAW MOTION FOR WRIT OF SEIZURE 1. On August 13t', 2003, the Plaintiff, Spankey's Auto Sales, Inc. ("Spankey's") and Defendant, Carroll L. Shreve ("Shreve"), Defendant entered into a Stipulated Consent Order (the "Order"). A true and correct copy of the Consent Order is attached hereto as Exhibit "A". 2. % 2 of the Order provides: "On or before September 5, 2003, at 5:30 P.M., Shreve shall pay the sum of $8,000.00 to Plaintiff Spankey's Auto Sales, Inc. by certified or cashier's check payable to Spankey's Auto Sales, Inc." The sum shall be deemed paid only when the certified or cashier's check is delivered to McNees Wallace & Nurick LLC, c/o Kimberly M. Colonna, at 100 Pine Street, Harrisburg, Pennsylvania, 17108-1166." 3. ¶3 of the Order provides: "Shreve consents to the immediate issuance of a Writ of Seizure for the burgundy/silver 2000 Ford F-350 pickup truck, VIN #1 FTWW33FOYEB27470, upon Plaintiff's presentation of this Consent Order to the Court and Plaintiffs representation to the Court that either of the payments required by paragraphs 1 and 2 were not received." 4. On Thursday, September 4, 2003 and Friday, September 5, 2003, counsel for Spankey's spoke with Shreve and reminded him that the payment was due on Friday, or the vehicle, which was the subject of the action must be returned. 5. On Friday, September 5, 2003, Shreve advised that he could not make the payment and would return the vehicle on Friday, as required by the Order. 6. Shreve did not make the payment or return the vehicle as required by the Order. 7. Shreve is in contempt of the Order. 8. In accordance with the Order, a Writ of Seizure should issue. WHEREFORE, Plaintiff, Spankey's Auto Sales, Inc. requests the Court enter a Writ of Seizure. Respectfully submitted, McNEES WALLACE & NURICK LLC By Lawrence R. Wieder Attorney I.D. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5229 Fax: (717) 237-5300 Attorneys for Spankey's Auto Sales, Inc. Date: September l , 2003 2 VERIFICATION I, Lawrence R. Wieder, Esquire, counsel for Spankey's Auto Sales, Inc., verify that the statements made in the foregoing document are true 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. §4904, relating to unsworn falsification to authorities. Lawrencer, Esquire Date: September SF 2003 AUG U 8 2003 SPANKEY'S AUTO SALES, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-3552 CARROLL L. SHREVE, Defendant CIVIL ACTION - LAW STIPULATED CONSENT ORDER This action was initiated by the filing of a Complaint and a Motion for Writ of Seizure on July 25, 2003. A hearing on Motion for Writ of Seizure has been scheduled for 9:00 A.M., on Wednesday, August 6, 2003, in Courtroom 1 of the Cumberland County Courthouse. The parties wish to resolve this action without the expenditure of further resources and expenses in contested litigation. They agree that the entry of this Stipulated Consent Order will be in the interest of the parties and they enter into this stipulated consent order knowingly and voluntarily. AND NOW, this I 34-? day of August, 2003, upon agreement of the parties, IT IS HEREBY ORDERED that 1. On or before August 8, 2003, at 5:30 P.M., Defendant, Carroll L. Shreve ("Shreve"), shall pay the sum of $4,000.00 to Plaintiff by certified or cashier's check payable to "Spankey's Auto Sales, Inc." The sum shall be deemed paid only when the certified or cashier's check is delivered to McNees Wallace & Nurick LLC, c/o Kimberly M. Colonna, at 100 Pine Street, Harrisburg, Pennsylvania, 17108-1166. 2. On or before September 5, 2003, at 5:30 P.M., Shreve shall pay the sum of $8,000.00 to Plaintiff Spankey's Auto Sales, Inc. by certified or cashier's check payable to Spankey's Auto Sales, Inc." The sum shall be deemed paid only when the certified or cashier's check is delivered to McNees Wallace & Nurick LLC, c/o Kimberly M. Colonna, at 100 Pine Street, Harrisburg, Pennsylvania, 17108-1166. 3. Shreve consents to the immediate issuance of a Writ of Seizure for the burgundy/silver 2000 Ford F-350 pickup truck, VIN #1 FTWW33FOYEB27470, upon Plaintiffs presentation of this Consent Order to the Court and Plaintiffs representation to the Court that either of the payments required by paragraphs 1 and 2 were not received. 4. Within ten (10) days of the receipt of the payments described in paragraphs 1 and 2 above, Plaintiff shall take all actions necessary to dismiss this action. 5. The hearing scheduled for 9:00 A.M., on Wednesday, August 6, 2003, in Courtroom 1 of the Cumberland County Courthouse is hereby cancelled. AGREED and CONSENTED TO: Carroll L. Shreve AGREED and CONSENTED TO: Kimberly M. ina ul -ln? McNees Wallace & Nurick LLC Counsel for Spankey's Auto Sales, Inc. IT SO D RED: 2 TRUE COPY FROM RECORD In Testimony vrL'ereof, ! here nto set my hand. end he seal of sai Co rt arlisle, Pa. Th .?.?. y f.. . ' ? . rottwnota[1t I CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by United States first-class mail, postage prepaid, upon the following: Carroll L. Shreve 15 Rebecca Drive York Have. PA 17370 Lawrence R. Wieder L1_ Dated: September j , 2003 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03552 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPANKEY'S AUTO SALES INC VS SHREVE CARROLL L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT SHREVE CARROLL L but was unable to locate him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE to wit: He therefore County, Pennsylvania, to On September 23rd , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer : Docketing 18.00 l Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 52.40 Sheriff of Cumberland County .00 89.40 09/23/2003 MCNEES WALLACE NURCIK Sworn and subscribed to before me this .7.. - day of d 1) n73 A. D. C r o LLJ, ?) ?P / ' d Prothonotary' in his bailiwick r r r .1 1' N / .?. 28 EAST MARKET ST, YORK, PA 17401 (50.40) SHERIFF SERVICE 0fl PROCESS RECEIPT, and AFFIDAVIT OF RETURN ._••--- i = 1. PLAINTIFF/S/ 2. COURT NUMBER Spankey's Auto Sales, Inc. 03-3552 civil (03-3552) 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Carroll L. Shreve Complaint SERVE S. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. W Carroll L. Shreve 8. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE AT 15 Rebecca Drive, York Haven, PA 17370 7. INDICATE SERVICE: 2FPERSONAL 0 PERSON IN CHARGE )Ob DEPUTIWbL rI IAW.. MAIL O 1ST CLASS MAIL O POSTED 0OTHER th of NOW July 30, 2003 )OUE I, SHERIFF OFAMWCOUNTY PA do or deputize §???MfI York COUNTY to execute this r te to law. This deputation being made at the request and risk of the plaintiff.. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CLUnberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ 1111AK U ind SIGNATURE 10. TELEPHONE NUMBER 11. DATE Lawrence R. Wieder, Esq.; McNees Wallac & Nurick, I7 P.O. Box 1166, Harrisburg, PA 17108 17-237-5229 X LSEND NOTICE SE CE C PY TON E AND AD BELO" s rea must bs?Q mple0d1} noti Is bs ilel . awrence i,ec?er, sqq. ; l?cees ?7Ua? Lace & Nur1CK, e$.?. `co 1166, Harrisburg, PA 17108 $ CUMBERLAND CO SHERIFF P#?@P¢gkb?rYEo$en 8$& ? v" -yam pp tt. gg ??@ #K£j}FS19#•f t4u5d Yrs .... #.-RA..__1!? .'3 t>?ssaa.kt$Efr9a 64*• 13.1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 77-31-03 Date Received 15. FxpiregonMearing Date or complaint as indicated above. R. AHRENS I 8-24-03 16.1 hereby CERTIFY and RETURN that I have personally served, 0 have posted property, 0 have legal evidence of service as shown In 'Remarks', U have executed as in 'Remarks', the writ or complaint described on the individual, company, cor- poration, etc, at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17.0 I hereby certify and retu a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above 18. NAME ITLE O IDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relation Mil to OafendanQ 2 TTE TI ms Miles Int. Lots TIrr?M a r??Date Time Mlles S?///yyye 'int. I Date TI Mlles Int. I Date 22.Advanos Costs 1218 rv00 osts I24. Not Found 25..2ileape0l 26. Postage 27. Poundage 28. NotaryFee 29. Surohar 3. 1 75.00 44 2.00 32. REMARKS: "C 3 7l? NOTARIAL SEAL 33.AFFIRME allI?t"HiliaAltu bbldifff tittlot4y PUbIID S pqfty of York, York County 34. day of Y orggrnlly,tien Expimre April2G,j008j WX 35. Prbthono ry P+ MY COMMI ION EXPIRES 42.1 ACKNOWLEDGE RECEIPT OF THE'SHERIFF'S RETUR SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE (See remarks below.) 19. Date o/fSp rvice 20. Time of Service ..? TI& Miles s Int. Date Time M? ge 30. Total Cost 31. Cost Due 52.40 22.60 C? /?asga q ?o-d3 SO ANSWER. 38. Signature of ' 39. to Dep. Sheriff 37. Signature or Yo ate°?'"ate county sherfff WILLIAM M. HO 9-4-03 38. Signature of Foreign 41. Date County Sheriff 43. Date Received 1. WHITE - Issuing Authority 2. PINK -Attorney 3. CANARY - Sheriff's Office 4. BLUE -Sheriff's Office 1 he 11 9l as it l3o ;;z4 o SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03552 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPANKEY'S AUTO SALES INC VS SHREVE CARROLL L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHREVE CARROLL L but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 29th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 200.00 Sheriff of Cumberland County .00 237.00 01/29/2004 MCNEES WALLACE NURCIK Sworn and subscribed to before me this day of ley A. D. ls. ??'G LPi<.: Prothonotary r cotjNr( OFYORK SHER?F1 CT E C ?E ORK, PikA 1401 IC 2B EAST MARKET S ?y cNER?FF S f? ? OF Rg(U? &LL SERVICE 9601 (11,n .iw COURi NUMBED MP?ANT .. ??({?70R CO CIOW i , COUNTY OF YORK Spankey's Auto Sales, Inc. 3. DEFENDANT/S/ 2003-3552 Civil 4. TYPE OF WRIT OR COMPLAINT Carroll L. Shreve (male) Writ of Seizure 5. NAM F DIVI L COMPAN P 1 FTC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. SERVE aroff t iteve ?' g` `?i?le W urgund_ I ver 2000 Ford F-350 Pickup truck, VIN 1FTWW33FOYEB27470 8. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE AT 15 Rebecca Drive, York Haven 7. INDICATE SERVICE: ? PERSONAL 0 PERSON IN CHARGE w DEPUTIZE CuIRband and O 1ST CLASS MAIL ? POSTED ? OTHER NOW 9/30/03 k1R _ I, SHERIFF OF , do hereby We the sheriff of York COUNTY toe e? eke r?faccording to law. This deputation being made at the request and risk of the plaintiff, e SHEL IFF OF Xn[??{{cc OUNTY S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Flambe r 1 and Seize the above-referenced truck in possession of the Defendant at his residence and turn possession of the Vehicle over to Plaintiff or its authorized representative. URGENT!! This vehicle has no lien and Defendant could sell it, so time is of the essence. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE _/l /L- " Lawrence R. Wieder 237-5229 9/29/03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: In rea must be co pleted i noti la t be Iled). Lawrence R. Wieder, Esq.; McNees a dace & Nuric ,e9P.6." ox 1166, Harrisburg PA 17108 13 1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 114. Date I calved 15. Expimtion/Hearing Date or complaint as indicated above. IS. khereby CERTIFY and RETURN that I O have personally served, O have posted property, O have legal evidence of service as shown in 'Remarks', ? have executed as in 'Remarks', the writ or complaint described on the individual, company, cor- poration, etc, at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Date of Service ) 20. Time of Service 21. ATTEMPTSI Date Time I Mlles Int. I Data Time Miles Int. I Dare Tlme Miles Int. I Date TIme Mlles Int. I Data TIms Mlles Int. Dais Time Miles Int. 22. Advance Costs 123. Service Costs 124. Not Found 25. Mileage 126. Postage 127. Poundage 128. Notary Fee 129. Surcharge 130. Total Cost 31. Cost Due or Refund I 32. REMARKS: 33. AFFIRMED and subscribed to before me this 36. Signature of 34. day of 19 Dep.Sheriff 37. Signature of York 35. County Sheriff Prothonotary/Notary Public 38. Signature of Foreign MY COMMISSION EXPIRES County Sheriff 42.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE I. WHITE - Issuing Authority 2. PINK -Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office SO ANSWER. 39. Date 40. Date 41. Date 43. Date Received 1FRECEJVEo r (C 0 3 2,303 YORK, pA -- AM PAS SPANKEY'S AUTO SALES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 V. CARROLL L. SHREVE, Defendant CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: You are hereby directed to deputize the Sheriff of York County, Pennsylvania to seize the burgundy/silver 2000 Ford F-350 Pickup truck, displaying VIN# 1 FTWW33FOYEB27470 (the "Vehicle"), which was last in the possession of the Defendant at his residence at 15 Rebecca Drive, York Haven, PA 17370. Upon seizure of the Property, you are directed to deputize the Sheriff of York County to turn possession of the Vehicle over to Spankey's Auto Sales, Inc. or its authorized representative. If the property is found in the possession of a person not already a Defendant, you are directed to add the person as a Defendant, and notify the person that he or she has been added as a Defendant and is required to defend this action. Pr tl?onotary TRUE COPY FROM RECORD In Testimony wher of, I here unto set my hand and a seaaJl of sai Court Urlisl Pa. ThLl....ay.....? ayA- C VIHyA';:Wad E0.6'.V eh 6 SZ d3S ? ? A1Ni;C;r 3risl0 jjIH3Hc ih, 3? DWO ' ?/ SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 CIVIL ACTION - LAW MOTION TO WITHDRAW AS COUNSEL The undersigned attorneys, associated with McNees Wallace & Nurick LLC, hereby request that the Court enter an Order granting leave for the withdrawal of appearance as counsel for Spankey's Auto Sales, Inc. and in support thereof state as follows: 1. The Complaint and Motion for Writ of Seizure were filed on or about July 25, 2003. 2. McNees Wallace & Nurick LLC was retained by Spankey's Auto Sales, Inc. ("Spankey's") to represent them in this matter. 3. Attorney Lawrence R. Wieder of McNees Wallace & Nurick LLC, signed the pleadings on behalf of Spankey's. 4. By Order entered September 15, 2003, the Writ of Seizure was granted. 5. On or around October 10, 2003, judgment was entered against Defendant. 6. On or about January 12, 2004, the Sheriff's Return of Service for seizure of the vehicle was returned to Spankey's counsel. 7. No further pleadings have been filed in this matter. 8. The case has been dormant since January 2004. 9. Lawrence R. Wieder passed away on November 11, 2006. 10. The last communication Attorney Wieder had with Spankey's regarding this matter was in April 2005. 11. McNees Wallace & Nurick LLC has attempted communication with Spankey's regarding this matter since April 2005, but has received no response. 12. Spankey's is delinquent in its payment to McNees Wallace & Nurick LLC and has shown no intention or interest in paying the amount outstanding. 13. McNees Wallace & Nurick LLC no longer wishes to represent Spankey's in this matter. 2 WHEREFORE, the undersigned respectfully requests the Court grant this motion for leave to withdraw as counsel. MCNEE$ WALLACE & NURICK LLC BY I/ V t- f arbara A. Darkes, Es ire I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5381 Fax: 717 260-1677 Email: bdarkes(cD-mwn.com Dated: December , 2008 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by United States first-class mail, and certified mail, postage prepaid, upon the following: Carroll L. Shreve 15 Rebecca Drive York Haven, PA 17370 Mr. Donald Leggett Spankey's Auto Sales Inc. 701 E. Locust Street Mechanicsburg, PA 17055 By. McNEES WALLACE.& NURICK LLC Badbara A. Darkes, Esquire I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5381 Fax: 717 260-1677 Email: bdarkes(d.)mwn.com Dated: December 3 '2008 P%la ? ? 17 t 4 7? cil SPANKEY' S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3552 CIVIL TERM IN RE: MOTION TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 12`" day of December, 2008, upon consideration of the Motion To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. /Barbara A. Darkes, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Plaintiff .? Spankey's Auto Sales, Inc. 701 E. Locust Street Mechanicsburg, PA 17055 Attn: Mr. Donald Leggett Defendant /Carroll L. Shreve 15 Rebecca Drive York Haven, PA 17370 Defendant, pro Se BY THE COURT, J esley Ol Jr., J. 4 RS' /YJg l /2/lLl?S :rc ! l:A 91 330 OOOZ SPANKEY'S AUTO SALES, INC., Plaintiff V. CARROLL L. SHREVE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : No. 03-3552 : CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, the undersigned attorneys, associated with McNees, Wallace and Nurick, file this Motion to Make Rule Absolute and state the following in support thereof: 1. On or about December 3, 2008, the undersigned attorneys, associated with McNees, Wallace and Nurick filed a Motion to Withdraw as Counsel to Plaintiff, Spankey's Auto Sales, Inc. 2. On December 12, 2008, Judge J. Wesley Oler, Jr. entered a Rule to Show Cause upon the parties to this action ordering the parties to this action to show cause, if they have any, as to why the Motion to Withdraw as Counsel should not be granted. 3. The Rule to Show Cause was returnable within ten (10) days of service. 4. No party to this action has filed a response to Judge Oler's Rule to Show Cause. WHEREFORE, the undersigned attorneys, associated with McNees, Wallace and Nurick request that the Rule to Show Cause be made absolute and McNees Wallace & Nurick LLC be granted leave to withdraw as counsel for Plaintiff, Spankey's Auto Sales, Inc. . Respectfully submitted, MINE By Dated: May ( '2009 & NURICK LLC Bat tiara A. Darkes, Esquire I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5381 Fax: 717 260-1677 Email: bdarkes _mwn.com 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by United States first-class mail, and certified mail, postage prepaid, upon the following: Carroll L. Shreve 15 Rebecca Drive York Haven, PA 17370 Donald Leggett Spankey's Auto Sales Inc. 701 E. Locust Street Mechanicsburg, PA 17055 By McNEES WALLACE & NURICK LLC Barbara A. Darkes, Esquire I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5381 Fax: 717 260-1677 Email: bdarkes _mwn.com Dated: May '2009 ai E 1 ;/-,;F THE 2U9 MAY 15 PI i2: 114 f-:..k Nk tJ ? i..L z l+iJ SPANKEY'S AUTO SALES, : IN THE COURT OF COMMON PLEAS INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 03-3552 V. : CARROLL L. SHREVE, CIVIL ACTION - LAW Defendant WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw our appearance on behalf of Spankey's Auto Sales, Inc., in the above matter. McNEEMALLACE & NURICK LLC Dated: July By Ba ara . Darke , I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5381 Fax: 717 260-1677 Email: bdarkesCaD-mwn.com , 2009 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by United States first-class mail, and certified mail, postage prepaid, upon the following: Carroll L. Shreve 15 Rebecca Drive York Haven, PA 17370 Donald Leggett Spankey's Auto Sales Inc. 701 E. Locust Street Mechanicsburg, PA 17055 McNEES WALLACE & NURICK LLC By_ Barbara A. Darkes, Esquire I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5381 Fax: 717 260-1677 Email: bdarkes(a-mwn.com Dated: July ' 2009 SPANKEY'S AUTO SALES, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3552 CARROLL L. SHREVE, CIVIL ACTION - LAW Defendant WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw our appearance on behalf of Spankey's Auto Sales, Inc., in the above matter. McNEEMALLACE & NURICK LLC By Dated: July , 2009 tsamara k: uarKes-, I . D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5381 Fax: 717 260-1677 Email: bdarkes(c,mwn.com CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by United States first-class mail, and certified mail, postage prepaid, upon the following: Carroll L. Shreve 15 Rebecca Drive York Haven, PA 17370 Donald Leggett Spankey's Auto Sales Inc. 701 E. Locust Street Mechanicsburg, PA 17055 McNEES WALLACE & NURICK LLC nLL_ Barbara A. Darkes, Esquire I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5381 Fax: 717 260-1677 Email: bdarkes(Dmwn com Dated: July l ,2009 I FILE' OF I1-E V r . -YT'A Y 2009.1 ` ] ?'?ri7