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HomeMy WebLinkAbout07-2945To: Nick Davvetas loannis Karanpoulis Dakar Auto Sales a.k.a Auto Mart of York John Doe, Salesperson All addressed at 723 West Market Street, York, PA 17404 You are notified that the plaintiff, Vivian Lambert, has commenced an action to recover all damages and attorney fees in Civil Court in the Court of Common Pleas of Cumberland County, Pen sXly n' which you are required to defend. ,la Civil Action O 7 - `(, Docket Number NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THS 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. Cumberland County Bar Association 82 South Bedford Street, Carlisle, PA 17013 (717) 249-3166 By Sheriff 317 Erford Road Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIVIAN LAMBERT 729 Old Silver Springs Road Mechanicsburg, PA 17055 Plaintiff VS. NICK DAVVETAS 723 West Market Street York, PA 17404 IOANNIS KARANPOULIS 723 West Market Street York, PA 17404 DAKAR AUTO SALES 723 West Market Street York, PA 17404 a.k.a. AUTO MART OF YORK 723 West Market Street York, PA 17404 and JOHN DOE, Salesperson Defendants Civil Action No. o7 - agys COMPLAINT AND DEMAND FOR JURY TRIAL 1. INTRODUCTION 1. This is an action brought by Plaintiff, Vivian Lambert, to recover actual, regulatory, statutory, and punitive damages, reasonable attorney fee, and costs from Defendants, Nick Davvetas, loannis Karanpoulis, John Doe, Salesperson, and Dakar Motors, a.k.a. Auto Mart of York. These damages include and are not limited to violation of the Pennsylvania State Odometer Statute, Pennsylvania State Salvage Vehicle Statute, Pennsylvania Dealer Licensing Statute, and Pennsylvania Automotive Industry Trade Practices Act. Violations of these provisions also constitute violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Furthermore, defendants also breached an Express Warranty, and Implied Warranty of Merchantability, Implied Warranty of Fitness for Particular Use, Fraudulent Misrepresentation, as defined by the Automotive Regulation and Pennsylvania Motor Vehicle Inspection and Dealer Licensing Regulations. II. JURISDICTION 2. Jurisdiction to pursue claims in this court arises under 75 Pa. Cons. Stat. sec 7131 to 7139; 75 Pa. Cons. Stat. sec. 102, 1106, 1161, 1165; 37 Pa. Code sec. 301.2, 301.4; 75 Pa. sec. 7134; 73 Pa. sec 201-1 to 201 -9-1. III. PLAINTIFF 3, Plaintiff, Vivian Lambert, is a citizen of the United States and a resident of Cumberland County, Pennsylvania. IV. DEFENDANTS 4. Defendant Dakar Auto Sales a.k.a. Auto Mart of York is a corporation duly incorporated under the laws of the Commonwealth of Pennsylvania doing business at 723 West Market Street, York, PA 17404. 5. Defendants Nick Davvetas and loannis Karanpoulis are residents of Pennsylvania and at all times pertinent to this complaint were owners of Dakar Auto Sales a.k.a. Auto Mart of York, and at all times were aware of the subject mater of this complaint. 2 6. Defendant salesperson John Doe is a salesperson at Dakar Auto Sales a.k.a. Auto Mart of York and sold the automobile to the Plaintiff. 7. The vehicle in question is a 1999 Saturn SLI, vehicle identification Number 1G82K5271V2331257, herein referred to as "the automobile." 8. Dakar Auto Sales a.k.a Auto Mart of York is a dealer in used automobiles. V. FACTS 9. Plaintiff re-alleges and incorporates herein the allegations of paragraphs one (1) through eight (8) of this Complaint. 10. On or about October 15, 2004 plaintiff responded to a classified newspaper advertisement offering for sale a 1999 Saturn SL1. 11. This advertisement was placed in the Harrisburg Patriot News and did not disclose the automobile was offered for sale by a dealer located in York County, Pennsylvania. 12. Plaintiff telephoned and spoke to a man who identified himself as the owner of a restaurant in Dauphin County who helped his nephew sell cars. 13. Plaintiff met John Doe, salesperson from Dakar Motors, a.k.a. Auto Mart of York, in a parking lot of a restaurant at Union Deposit, Dauphin County. 14. John Doe (the nephew of the restaurant owner) told plaintiff he worked for Dakar Motors and assured plaintiff the automobile was in fine working order. 15. Plaintiff told John Doe, salesperson, she was a single parent with limited financial resources and needed a durable automobile to provide durable and reliable, safe transportation for herself and her two children including regular out of area trips to visit her mother. 16. Plaintiff further told John Doe, salesperson, she had limited knowledge of automobile reliability and was relying on defendants' skill and judgment to recommend and select such a safe, reliable vehicle. 17. Defendant repeatedly assured plaintiff by continuous verbal promises and guarantees his knowledge of automobiles would provide the most roadworthy vehicle to meet her needs. 18. Defendant further guaranteed his recommendation by referencing the new Pennsylvania Vehicle Inspection sticker on the automobile as official proof of its reliability. 19. Based on the verbal recommendations, guarantees and assurances the automobile was safe, durable and roadworthy, plaintiff signed a Motor Vehicle Purchase Agreement (Exhibit 1.) and MV-45T (5-00) No. 7467689 Title Transfer (Exhibit 2.). 20. Both documents were signed and executed November 1, 2004 at a restaurant parking lot located in Union Deposit, Dauphin County, Pennsylvania. 21. Plaintiff never conducted any business or communication related to the sale or purchase of the automobile at defendant's used car lot located at 723 West Market Street, York, PA 17404. 22. Plaintiff never signed or received an odometer disclosure statement as required by both state and federal law. 23. On or about January 13, 2005 plaintiff drove the automobile to Old Forge, PA and the car became inoperable. 24. The repair bill from A & B Automotive stated the automobile had no fourth gear, the transmission ran out of fluid and will need a transmission rebuild or replacement. (Exhibit 3.) 4 25. The automobile frequently stopped running for no apparent reason stranding plaintiff and her family in difficult and even perilous conditions. 26. Plaintiff stopped using the car and relied on the "undependable" car she replaced with the purchase of defendants' automobile. 27. Plaintiff made numerous attempts to have defendants address and rectify the inoperable automobile. 28. On or about August 15, 2005, plaintiff was informed by a certified inspection mechanic employed at a Saturn car dealership that the engine rods had broken through the engine block. 29. Plaintiff was also informed that in spite of defendant's verbal guarantees and assurances that the automobile was roadworthy and fit for her intended use it was totally unsafe, inoperable, unable to be and should not have passed Pennsylvania Vehicle Inspection, had a replaced engine not intended for the automobile and received extensive electronic modification that affected all functions of the automobile including the odometer. (Exhibit 4.) 30. Plaintiff officially notified defendants numerous times concerning the inability of the automobile to function in the manner intended and guaranteed and never received a response. (Exhibit 5, 6, 7.) 31. On January 17, 2007, this attorney, under the disguise of a settlement offer, was summoned to the defendant's used car lot, harassed for one-half hour by defendants' employee who by argument and erratic behavior tried to have this attorney agree defendant were not at fault. 32. Plaintiffs attorney was prevented from leaving defendants' business and only gained exit when he called 911 for police assistance. 33. All of the actions and omissions of defendants and their employees were willful, wanton and malicious, done with reckless disregard for plaintiff and her family's safety and legal rights, were outrageous because of lack of response to her complaints, and legal demands, of evil motive and showed reckless indifference to the plaintiffs rights, safety, and the rights of others, constituted fraud, are in some instances are criminally liable, and were done without just cause or excuse, so that the plaintiff is entitled to separate awards of punitive and actual damages against each of the defendants. COUNT 1 VIOLATION OF THE PENNSYLVANIA STATE ODOMETER STATUTE 34. Plaintiff re-alleges and incorporates herein the allegations of paragraphs one (1) through thirty-two (32) of this Complaint. 35. Defendants violated the State Odometer Act in one or more of the following ways: a) Defendants altered or caused to be altered the entire electrical component system of the automobile with a mismatched engine that made the true mileage of the automobile unknown. b) Failure to affix notice to the car that the mismatched engine and electronic components render true mileage of the automobile unknown. c) Failure to give plaintiff an Odometer Disclosure Statement as 6 required by Pennsylvania and Federal law. 36. The knowing and willful acts of all defendants in these deceptive acts and practices also violate the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 37. The actions and omissions of the defendants as alleged concerning the mileage representations constitute fraud. 38. Plaintiff suffered actual damages caused by this fraudulent conduct of the Defendants that include Three Thousand Two Hundred Twenty and 38/100 Dollars ($3,220.38) as the price of the automobile, Five Thousand Dollars ($5,000.00) as the cost of a replacement vehicle plus attorney fees and court costs. 39. Because of the evil motive, reckless indifference, fraudulent acts, criminal culpability, all done without cause or excuse with the express intent to defraud plaintiff, plaintiff asks for separate awards against each of the defendants. 40. As a result of these violations, each defendant under remedies and penalties authorized by the Pennsylvania Unfair Trade Practices and Consumer Protection Act are liable to three times the amount of actual damages of Eight Thousand Two Hundred Twenty and 38/100 Dollars ($8,220.38) equaling Twenty-six Thousand Six Hundred Sixty-one and 14/100 Dollars ($26,661.14) per defendant. 41. Plaintiff further asks that defendants in excess of the actual statutory and punitive damages be ordered to pay all costs and reasonable attorney fees. COUNT II BREACH OF WARRANTY OF MERCHANTABILITY 42. Plaintiff incorporates by reference each allegation in Count I of this Complaint. 43. Defendants sold Plaintiff a vehicle which was not merchantable in violation of Title 13 of the Pennsylvania Uniform Commercial Code in that the automobile engine was replaced with a motor not intended by the manufacturer as a proper or allowable replacement. 44. The safety standards of Pennsylvania Automobile Inspection Regulations set the minimum criteria for merchantability and as sold and operated by plaintiff the automobile did not comply with these standards. 45. Because of the fraud, concealment and failure to disclose the automobile was not fit for the use intended, Plaintiff suffered liquidated damages of Eight Thousand Two Hundred Twenty and 38/100 Dollars ($8,220.38.) 46. Plaintiff asks that each defendant pay separately the amount of her liquidated damages plus costs and attorney fees. COUNT III. IMPLIED WARRANTY OF MERCHANTABILITY 47. Plaintiff incorporates by reference each allegation in Count I through Count II of this Complaint. 48. Defendants sold plaintiff a vehicle not merchantable in violation of Pennsylvania Uniform Commercial Code Title 13 sec. 2314 in that the car would not pass without objection in the trade as a car fit for the ordinary purpose a 1999 Saturn is used. 49. A 1999 Saturn is used for transportation. 50. In condition sold the automobile could not be used for safe, reliable Transportation because it did not have the required engine and as sold had an illegal Pennsylvania Motor Vehicle Inspection sticker affixed to the windshield. 51. The automobile was not even of fair or average quality within the description. 52. At the time of contract and sale defendants knew or should have known the automobile was inoperable and unable to pass Pennsylvania Motor Vehicle Inspection. 53. Because of defendants extreme reckless disregard and fraudulent acts in violation of Title 13, sec. 2314 of Pennsylvania Uniform Commercial Code, Plaintiff asks that each defendant pay separately liquidated damages of Eight Thousand Two Hundred Twenty and 38/100 Dollars ($8,220.38) plus costs and attorney fees. COUNT IV. EXPRESS WARRANTY OF MERCHANTABILITY 54. Plaintiff incorporates by reference each allegation in Count I through Count III of this Complaint. 55. Plaintiff communicated to defendants she was a single parent with limited financial resources and needed a car at reasonable cost to provide safe, durable and reliable service. 56. Plaintiff was relying on defendants' skill and judgment to select such a vehicle. 57. Defendants repeatedly assured plaintiff the car selected was fit for her intended use. 58. Defendant salesman referenced the new Pennsylvania State Inspection sticker as proof of the automobile's safety, durability and reliability. 59. Defendant's affirmations concerning the automobile were made with reckless disregard for the safety of plaintiff and her family, also made fraudulently and negligently because the vehicle could not pass Pennsylvania State Inspection standards when sold to plaintiff. 60. Plaintiff asks that this violation of law be cured by each defendant being liable for liquidated damages of Eight Thousand Two Hundred Twenty and 38/100 Dollars ($8,200.38) plus costs and attorney fees. COUNT V IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE 61. Plaintiff incorporates by reference each allegation in Count I through Count IV of this Complaint. 62. At the time of contract/sales agreement the defendants had reason to know Plaintiff was a single parent with limited financial resources. 63. Because of Plaintiffs statements defendants were aware plaintiff needed a car to provide safe, durable and reliable transportation. 64. Plaintiff was relying on defendants' skill and judgment to select a vehicle. 65. As a result of defendant's breach of this implied warranty of fitness for a particular use, plaintiff sustained the losses and damages set forth in this complaint. 66. Plaintiff asks for separate judgment against defendants for liquidated damages related to the car of Eight Thousand Two Hundred Twenty and 38/100 Dollars ($8,220.38) plus costs and attorney fees. 10 COUNT VI PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT 67. Plaintiff incorporates by reference each allegation in Count 1 through Count V of this Complaint. 68. Defendants committed unfair and deceptive acts or practices iin violation of the Pennsylvania Unfair Trade Practices Act. 69. These unfair or deceptive acts or practices include but are not limited to one or more of the following: a. Altering or causing to be altered the odometer on the automobile with intent to change the actual mileage of the automobile in violation of the State Odometer Act. b. Altering or causing the odometer to be altered in violation of the Federal Odometer Act 49 U.S.C. section 32703 (2). C. Giving false statements to a transferee in making odometer disclosures in violation of 49 U.S.C. section 32705 (a) and 49 C.R. R. section 580.4. d. Violation of state and federal statutes by not giving an odometer disclosure statement as required by law. e. Advertising the automobile without disclosing it was for sale by a licensed dealer and selling the automobile outside the permitted marketing area in violation of Pennsylvania Automobile Industry Trade Practices Act. f. Selling the plaintiff an automobile not merchantable by Pennsylvania 11 State Inspection Regulations. g. Defendants' fraudulent, deceptive, and reckless disregard that the automobile was not fit for the particular purpose for which the goods are required. h. Reckless disregard for the safety of the plaintiff in leading her to rely on the skill and judgment of the seller to select and furnish a suitable automobile. Fraudulently and recklessly stating that the automobile was fit for the purpose intended. Explicitly referring to the new Pennsylvania Inspection stickers as an Express warranty that the automobile was fit for the intended use. 70. Each of the above enumerated acts constitutes a separate violation of the Pennsylvania Fair Trade and Consumer Protection Act. 71. Plaintiff restates that all of the actions and omissions of each of the defendants as alleged were willful, wanton and malicious, done with reckless disregard for plaintiff's rights and safety, were outrageous because of evil motive or reckless indifference to the plaintiff's rights and were done without just cause or excuse, so that the plaintiff is entitled to separate awards of actual, statutory and punitive damages against each of the defendants for each separate violation of Twenty-four Thousand Six Hundred Sixty-one and 14/100 Dollars ($24,661.14) plus costs and attorney fees. COUNT VII AUTOMOTIVE INDUSTRY TRADE PRACTICES ACT 72. Plaintiff incorporates by reference each allegation in Count I through 12 Count VI of this Complaint. 73. Defendants, as a matter of law, violated this Act in their representation at the sales presentation that the automobile offered for sale was roadworthy, of a standard fit for the plaintiffs use. 74. All defendants, by this Act an as a matter of law, had a duty to make a reasonable inspection of a car it was selling to an inquiring customer who specifically asked if it was reliable, safe and roadworthy. 75. Defendants, as a matter of law, had a duty to disclose that the automobile was unable to pass Pennsylvania State Inspection. 76. Defendants, as a matter of law, had a duty to disclose the transmission was damaged, defective or so deteriorated as to require replacement. 77. Defendants, as a matter of law, had a duty to disclose in the newspaper advertisement the business name and address of the advertiser or have the word "dealer" in the ad. 78. By defendants' actions detailed in the Facts of this Complaint these violations show reckless indifference, fraudulent intent and evil motive, all done without just cause or excuse. 79. As a matter of law Defendants' violations of three sections of this Act entitle plaintiff to recover actual damages. 80. Plaintiff demands actual damages for each violation in Count VII in the amount of Twenty-four Thousand Six Hundred Sixty-one and 14/100 Dollars ($24,661.14) from each defendant. 13 Finally, plaintiff avers that the collective acts of all defendants are so extremely egregious, fraudulent, done with reckless disregard for the safety of those who buy their vehicles that all damages be calculated and awarded separately for each Count in this Complaint. Plaintiff believes that defendants' actions enumerated in this Complaint are an ongoing pattern easily verified by researching records. Separate damages for all defendants cumulatively totaled for all counts will not only serve as a deterrent for these defendants but also send a message to discourage others from adopting these practices. Plaintiff states the amount claimed in damages exceeds the jurisdictional amount of Thirty-five Thousand Dollars ($35,000.00) and C.C.O.C.R. Rule 1301-1 is not in effect. Jury trial demanded. Submitted on behalf of Plaintiff by: Al Vivian Lam ert, Plaintiff Date: ,4 _ v D 7 Anthony B. Andrezev Attorney for Plaintiff I . D. 88995 317 Erford Road Camp Hill, PA 17011 (717) 433-4191 14 EXHIBIT 1 723 West Market St York, PA 17404 (717) 854-7044 r SOLD TO STREET i V-/ . J "; CITY. STATE. "ZIP ONE - HOME PH PHONE - WORK OATS/ DESC MPTIO'N OF Mr# Cw%kSE DESCRIPTION OF-TRA DE-1N YEA`R/ MAKE MODEL YEAR MAKE MODEL BODY TYPE COLOR: I.Y?Mg BODY TYPE COLOR MILEAGE VEHICLE VIN s OR SERIAL M VEHICLE VIN # OR SERIAL.* Tm E • SA!A PERSON s7odc * TITLE LIENHOLDER'S NAME AND ADDRESS LIENHOLDER S NAME AND ADDRESS WARRANTY. A D AGREEMENT SETTLEMENT rSOLD-AS-IS: 1. hereby make this 6 purchase knowingly without any CASH PRICE OF VEHICLE S J ` , guarantee, expressed or i god, by this dealer or his agent. ! [ ) Buyer's initials '(if icable) LESS NET TRADE ALLOWANCE S ? LIMITED WARRANTY Dealer g tells this vehicle for DIFFERENCE AFTER TRADE ALLOWANCE S /. , days, or iles, after date of delivery, and will 1 % of the cost a parts and labor used during repair,-... SALES TAX S V p y All repairs must be made 'in" ealer's service shop." : if ' ' ble) li TITLE FEE initials ( ( I Dealer s app ca ) S TAGS SEE= BUYER'S GUIDE FOR COMP ETE WARRANTY INFO. ENCUM. FEE (IF) T-TAG'(IF) NOTARY. nations e ng to l n a d MESSENGER SERVICE. DOCUMENT PREP. S Buyer seknowledoes Rds,aagqtraern t po! pwdtase and no otfwaamaftto Wkwsorrshsalofd*bL"rto vild-p co s n D ae of ere tee any lurid (ver)al or wdlbn) WE be recognt=ad. U , arorpartdtlteeashdapasifmaybe rata TOTAL CASH PRICE S Q Squidafed eamapis. TtN buyer of Intl'agi,at a ar iiowladyss Iwrewith Autfto?ad R60 Mood b °^ ; copy of this agreement. Na vawd unl?rss y ' r i LESSEPO.SITS S T j BUYER'S SIGNATURE: X !` ff BALANCE UE ON DELI RY i • J 1 DATE • 6WANCE ? CASH BAUINCE RECEIVED QY; ? CHECK ,v _` ? OF SALE DEALER ACCEPTANCES y ' ` • } r8UYER ACKNOWLEDGES RECEIPT OF A COPY .OF THIS BILL _ REMARKS THANK YOU! a" EXHIBIT 2 S PA'TnLE 77 , __;, . t See note art nnefae) fio4 I r- ry B. 7 ?• ¦ - T1 MOUNT r q . I C. 1 NAME 1 x' , , f _ FlRST p ¢ s iFD fir'- 5a t+ Ay c STf3EET P70 r- ' I _" N 7 - - . -: F(EFER TO COIMTY 4 '- -- L?SfilVfi C)?t!?VF?SE ^ - gg . `4 r i .. j D. t AsT :°R t eiss wawF) ?IIsT ^, is o _ . ?' . I - ?• D' y ?? - L?._. er tij.?tj4 ?'t`? mod' 11 Co-PURCHASER t ¦ it°f R y' Cif STA E ¦ ¦ T p a t E Fiiili TIM 2 Z k usrr orlr Erz 17a> er Foe f ?F ??7l?f?pv ?y??µ E. MAKE O VEkTICLE m lC IDE R { • ¦ a ?7 ?'hKre Faa MODFL YEAR BODY TYPE.'( TIC ETC ¦ ; . , ) S;FF Q ,? .? - .. 8-Fleplacemenl " R - F . C!RI1-P4.SlSPE?'?.'?Ctgdc One .. _ ? PLATE TO BE ISSUED BY -?TRANSFER (Addl'thftt8r ?? - ? AS BUREAU (PROOF OF RJ- ? TRANSEEff & REPLAC r r i r ,- r - SURAtJCE MUST BE AT ACHED) , _? TRAtSFEii O '?+ lE " S 11 TOTAL ' C end One pp h n .a. ( L,ATES EXCI U11JGE PLA BE Y y ISSUED NT OF STICKER , ( x.10) T RF A5 eck -i frsAngtln[' .. - ¦ :` ' 1 EAU _ 0fJ FOR REPI,ACEMENT T ;y El TEMPORARY PLATE :. EX PIRES LOST : ? I .. (] SrcnFn ' Oz ? ISSUED BY FULL AGENT Monet .; ^.. year.- ?: r TRANSFERFTEt). M TITLE NO, NEVEArl (?OGT M AU NOTE: If'NB IVED _ bbcKis- _?? . Ibarrt nwtst Form MV - VIN ATE,' a B SON ¢ PL Tyr E RELATIONS ., . . FEF7FLED(IFOTFER'ThWNAPPLICMtIs? $ FIF TO APPLN:ANI VEF1C PU D QVWR WEI6 ^` G GROSS WT VVElG INFO, RE G. G . INC?t7D1N6 LOAD R1?EQ IF APP OSS COMB LICABLE APGI _( YV 1 IF r w c ) - INSURANCE COMPANY NA" E R ' POL11Y EtFECTIVE DATE Xp( lpnOlf, . DATE DATE -- ON SS _ _ DAY: AQENT I HAVE CHECKER TAD, Q ty1NJE VE IS INSU _ INFOH k UE T ORAHY RE6ISTiL47TpN ;A9OUE '? MATION ^?J? A11:APPLJFA?LE PRQVQ1S OF THE [)CODE 1SSU1 S N;y AND DEPARISGIENT fiS. I/WE XF?711 THAT UWE'HAVE FORM G' IE)AWWD Am SIGNED TMW S CLAIMED, THE PURCHASER FURTH R C S ?COMPL_" ON AND THAT THE Rf 1 R E ERTIFIE THAT HE/8yH?E IS A PRIVILEGE(S) OR VEFjICLE REGISTRATION($) F -TO MAI REG D TO CLAM,THIS EXEMPTION I AW_' E ? 7 0 NANCIAL.. RESN 4SIppT'Y oN "E r } REWTEF M - W,i SUBJECT T _ Tl#S F r ? 4 fJE-IJ©t EXCEEDIN(i'$5,000 ANi3'1MPRISOfdM ' OF Frst ' 1.ST r ASSQq Sgnature # 1P MFNT. furs -1?0- OP /' , U 2ND Signature of Second t?litcheser'dr AtdN69Ued S-grief - - .. NUMBER " ? ?; ASSIGN ue oTSel(e ?a .. z . MENT Signature of Co-Purchasef/Try{e of Authorized Signer. - ( `l' .. :...... -. - Signature of H. Z NOTE: If a co-purchaser other than ' your spou a is 118t9d and you want the tifl6 -doe listed as 'Join! Ten> n 1?I(1ty ° Right of Survivorship' (On,deatn of O w - - ne b; ner F will issued as 'Tenants in Co ' tit1b goes to surviving owner.) CHECK; HER E, ' O t? mmon (qn de {n .of one ownei, interest=of deceasedco.wnee,gooe's estate). he f to hlb NOTE: IF THE VEHICLE IS TO BE USED AS A DAILY RENTAL OR VEHICLE CHECK THI%KOCK tEl , . IF BLOCK 1$. 1COMPLETE MN1JITCACH WC n yt>,a ' ; ttbn d wdhin " { to are riof iec?ived ESSENGER NUMBED: w P MOT p m r 3. APPUcANTs COPY/TEMPORARY REGISTRATION (VALID FOR 90 DAYS) v EXHIBIT 3 ISEP-21-2005 17:04 PA HUMAN RELATIONS C01141. 415S01, 171 .11ARli1TR1:l: 7' 111?'1.1.1,'1'll'.SL?I%RC:, 1':1 l:'U 5 71" 091--7741 717-() 91- 7_5j,S 1--.1,\' 717 793 7703 P.03 '4-x+ ±?-- ice' 1_? R Y,•?" # 3'?.? t.!" ? # # tl ? ?K,,.. 1/13/2005 11380 Vivian Lambert 1999 Saturn SL2 204 S. Market St_ FTY4279 2ND Floor 1.9 L Mechanicsburg, Pa, 17055 8105 M;Iv?no a2f1SZ .._.._?... .._.._...... ..... _....... .. _...._. ...__.._ ..._..... .. _.. _..._.. .. ..... ....... .. ... . Transmission Fluid .... ... ... ...,. ., .,?.. 9 . ............ _...__... ....... 3.78 ............ ?__...... 34.02T Hose Clamps 3 ; 4,05 12.15T Brake Kleen 21 5.86 11,72T Repair Transmission Cooler Line And Clean Fluid 1.2 60.00 72.OOT From Under Car, Check Out Transmission For Problems After Repair. Trans Was Ran Out Of Fluid. Found No Fourth Gear And Code In Computer Indicating A Problem With Fourth Gear. Fuur te Se-vices Per--mended 0.00 O.OOT Gar Will Need transmission Rebuilt Or Replaced PARTS & LABOR SUBJECT TO STANDARD INDUSTRY WARRENTY of 3 MONTHS Olt 3.000 MILFS.UNLESS 01'HGRW1Sf STAN"l.l),,.._.._.... _...... AI3A1JT0@,,PA0NLINE.C0M Subtotal $129.89 Sales Tax (6.0%) $7.79 $137.68 1 c-v i1..` a: -r 4. # EXHIBIT 4 SEP-21-2005 17:04 PA HUMAN RELATIONS COMM. 717 783 7703 P.04 September 1, 2005 To whom it may concern: The information contained in this document is solely in regard to a 1999 Saturn SL2, VIN# IG8ZK527IXZ331257, and is currently owned by Ms. Vivian lambert. I, Keith A. Miller, am employed by Saturn of Carlisle Pike, Mechanicsburg, PA, as a Certified Sawrn Technician, and have been 1'or the last tent years. I performed a diagnosis on the above named vehicle on August 15, 2005. The complaint given by the owner, Ms. Lambert, was that the engine would shut off while driving, and was leaking oil. Upon my examination, I found that the connecting rod for the number two cylinder had broken and consequently broke through the engine block, causing the oil leak. Further assessment of the engine and engine compartment revealed that not only was the engine currently in the vehicle not the original one, but also was the incorrect engine for the car. 'Ihe engine in the vehicle was manufactured and used in 1998 model year Saturn automobiles, and not completely interchangeable with 1999 model year Saturns. In order for this earlier engine to work in Ms. Lambert's- vehicle, her vehicle had to be extensively modified. In addition to the incorrect engine having been installed, the Powertrain Control Module (computer) was replaced with a different unit, and there were several modifications made to the engine wiring, to make the incorrect engine work. The Air Injection System, which is part of the emissions control system, was completely eliminated from the vehicle, making it no longer federal emissions compliant. All information regarding this engine swap and subsequent modifications, was not disclosed to Ms. Lambert in any way when she purchased this vehicle. I certify that, the information and statements within this document are true and correct to the best of my knowledge. Keith A. I er 1~v u.-a:-r ti 7. SEP-21-2005 17:05 PA HUMAN RELATIONS COMM. rir Jr Juuir 1J Lrr ILLUDG 4LU Vehicle History Deport A-fv: vivign 717 783 7703 P.07 rain. ul 09/19/2005 1:53!07 PH Customer Vehicle VIVIAN LAMBERT Vehicle ID: PIA FTY4279 Alt 11): 729 OLD SILVER SpRZNG RD Year: 1999 Oil: P530 Make: SATURN Next Inapa MECHANIC MAI ih M1 3 K0611: Ina '. NPI PM Engine: 1.9L 4Cyl (OONC) FI Service Invoice Invoice Date Hiles a Store Total Number Service Performed 06/08/2005 102431 420 840.26 203679 LIGHT BULBS 06/0812005 FULL SERVICE Page 1 TOTAL P.07 SEP-21-2005 17:04 PA HUMAN RELATIONS CONN. 717 783 7753 P.05 • p y r. I s O 0- 7 ?+ 0 n p w e,a o s r 0 n 0 tp .. r a• s tJ m a P! a o o _ 0 ro o w n W W U z m x n w n H O v+ y to H ? N O n o C ni n `O i e C3 !d I n W Eli N T. ! "q 4 3 ? Q ON C ti O R N p r 10 f O 1 O I N ? I y I Ln n ? + h 3 to [d w y :j 5 w .j?' t4 + y M rOrfj 64' o w fii W I In1 N + 2(? Ij IP ? O r• D rh1.4 3I?yMy ea ?, C 1.41?0+'NnNO? . ? Y e Ctl Y. 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"wf b r p roc r r o [tlt 1?1t t EXHIBIT 6 September 9, 2004 Dakar Auto 723 West Market Street York, PA 17404 RE: Vivian Lambert Our File No.: 280133 Dear Sir: Our firm has been asked to write this letter on behalf of Ms. Vivian Lambert. Ms. Lambert advises us that on September 1, 2004, she purchased a 1999 Saturn from your dealership. She had an extensive discussion with you regarding the quality of the vehicle. She feels as if she has been defrauded by your company in that she had asked specific questions regarding the quality of the vehicle that she was purchasing. She believes that she was intentionally misled on several issues. She was advised that the only thing wrong with the car was the brake pads. She was told that the brake pads would probably need to be replaced within the next few months. Last Friday, Ms. Lambert drove the vehicle from Harrisburg to Scranton. During the drive, her check engine light came on, so she took the automobile to a mechanic. She was told that she needed new brake pads, rotors and an new water pump. She also was advised that the exhaust system is in very bad shape. It seems that your company welded the catalytic converter to the exhaust system. It cannot be replaced without replacing the whole exhaust system. Ms. Lambert advises us that her total amount paid for the car was $3,038. At this juncture, Ms. Lambert wants your company to replace the exhaust system or to take the vehicle back. She has already paid to have the brakes and water pump replaced. Incidentally, the Saturn had the wrong gas cap on it so that the source of the check engine light coming on. In addition, the car had to be recoated. You may direct your response to Ms. Lambert at the address noted below. We look forward to your prompt response in this regard. Sincerely, WELCH, GOLD & SIEGEL, P.C. VERA S. McANULTY, ESQUIRE V SM/dcg cc: Vivian Lambert, 209 South Market Street, 2°d Floor, Mechanicsburg, PA 17055 EXHIBIT 6 Welch Gold Siegel, P, Attorneys at raw October 5, 2005 Dakar Auto 723 West Market Street York, PA 17404 RE: Vivian Lambert Our File No : 280133 Dear Sit or Madam: I am writing to you to follow up and clarify my letter of September 23, 2005. Please know that you have 10 days from receipt of this letter to pay the $3,038 0 demanded., If you do not, Ms. Lambert fully intends to file a lawsuit against you. If a lawsuit is necessary in order to collect this refund, Ms, Lambert will also be asking the judge for court costs and attorneys' fees, In addition to a civil lawsuit, Ms, Lambert will also file a formal complaint with the Pennsylvania Attorney General. Make no mistake about it, Ms. Lambert will see this matter through.. Very truly yours, WELL GOLD & SIEGEL, P.C. C, &,-,, , q? C) ? PATRICIA A O'CONNOR, ESQUIRE Welch, Gold & Siegel, P.C. Lawyers Building 428 Forbes Avenue Pittsburgh, PA 15219 Telephone: 1-800-375-3089 Fax: (412) 391-8232 Phdaddphni Qfre lssocrr#n! ivrrh bin t&1m4?i 1L'eewrlh Will" Atror "Tf ,1 1". PNWelphrn PA 19110 PAO/j ld cc: Vivian Lambert 209 South Market Street, 2"d Floor Mechanicsburg, PA 17055 EXHIBIT 7 September 23, 2005 Dakar Auto 723 West Market Street York, PA 17404 RE: Vivian Lambert Our File No.: 280133 Dear Sir: Our firm has again been asked to write to you on behalf of the above-captioned matter. As you know Ms. Lambert purchased a 1999 Saturn from you in September 2004. Immediately, the entire exhaust system had to be replaced. In January 2005, the transmission had to be repaired. I enclose an invoice from A&B Automotive. On or about August 15, 2005, Ms. Lambert broke down and had to be towed. She found out that the engine in the car was not the correct engine. I enclose a statement from auto mechanic Keith Miller and supporting documents regarding this. Ms. Lambert was never advised that the engine had been replaced by an incorrect one. This amounts to fraud since the entire vehicle has been compromised. Ms. Lambert demands a full refund of the $3,038.00 purchase price. Sincerely yours, WELCH, GOLD & SIEGEL, P.C. PATRICIA A. O'CONNOR, ESQUIRE PAO/kls Enclosures cc: Vivian Lambert 209 South Market Street, 2"d Floor Mechanicsburg, PA 17055 VERIFICATION I hereby verify that the statements contained in this Complaint 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. Date: Vivian Lambert . -?- CL- o? N V e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIVIAN LAMBERT 729 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 PLAINTIFF VS. NICK DAVETTAS 723 WEST MARKET STREET YORK, PA 17404 IOANNIS KARANPOULIS 723 WEST MARKET STREET YORK, PA 17404 DAKAR AUTO SALES 723 WEST MARKET STREET YORK, PA 17404 a.k.a AUTO MART OF YORK 723 WEST MARKET STREET YORK, PA 17404 AND JOHN DOE, SALESPERSON DEFENDANTS CIVIL ACTION NO.: 07-2945 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Nick Davettas. Dakar Auto Sales (Defendants) Anthony B. Andrezeski Attorney for Plaintiff 317 Erford Road Camp Hill, PA 17011 Respectfully N. MARRCg for Defendant 484 West Princess Street York, PA 17404 Supreme Court 1D No.: 89721 (717) 434-9213 r r? ' " t , N i D 6 i tJ ?. NOTICE TO PLEAD TO: VIVIAN LAMBERT 729 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 ANDREW B. ANDREZESKI Attorney for Plaintiff 317 Erford Road Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY(20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. N. ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIVIAN LAMBERT 729 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 PLAINTIFF CIVIL ACTION NO.: 07-2945 VS. NICK DAVETTAS 723 WEST MARKET STREET YORK, PA 17404 IOANNIS KARANPOULIS 723 WEST MARKET STREET YORK, PA 17404 DAKAR AUTO SALES 723 WEST MARKET STREET YORK, PA 17404 a.k.a AUTO MART OF YORK 723 WEST MARKET STREET YORK, PA 17404 AND JOHN DOE, SALESPERSON DEFENDANTS PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, TO WIT, this J ,It day July, 2007, comes the Defendants, Nick Davettas and Dakar Auto Sales, by and through their attorney, George N. Marros, Esquire and files these Preliminary Objections to Plaintiffs' Complaint pursuant to Pa.R.C.P. 1028. In support thereof, the following facts are averred to be true: 1. On or about May 17, 2007, Vivian Lambert (hereinafter "Plaintiffs") filed a Complaint against numerous Defendants, including Defendants Nick Davettas and Dakar Auto Sales. 2. Defendant Nick Davettas, is an adult individual, with a permanent mailing address of 723 West Market Street, York, Pa 17404 3. Dakar Auto Sales was a licensed business with a business address of 723 West Market Street, York, Pa 17404. PRELIMINARY OBJECTIONS PURSUANT TO PA.C.R.P. 1028(a)(1) LACK OF JURISDICTION 4. Plaintiffs Complaint includes numbered paragraphs 4 through 8 of the Complaint titled "DEFENDANTS". 5. Contained within this section are averments made by the Plaintiff that Dakar Auto Sales is/was also known as Auto Mart of York. These are two distinct and separate business entities with separate licenses issued by the state of Pennsylvania to operate and conduct business within the state. 6. Plaintiff also alleges that Dakar Auto Sales is a corporation duly incorporated under the laws of the Commonwealth of Pennsylvania. This averment is false. Dakar Auto Sales was never incorporated under the laws of the Commonwealth of Pennsylvania 7. Defendant Ioannis Karanpoulis is a deceased individual. WHEREFORE, Defendants respectfully requests this Honorable Court grant Defendant's Preliminary Objections based on lack of jurisdiction and strike Plaintiff's Complaint. PRELIMINARY OBJECTIONS PURSUANT TO PA.C.R.P. 1028(a)(1) LACK OF JURISDICTION 8. Plaintiffs' Complaint includes numbered paragraphs 9 through 33 of the Complaint which is titled "FACTS". Plaintiff alleges that the she signed and executed the documents at a restaurant parking lot in Union Deposit, Dauphin County, Pennsylvania. 9. As to Counts 1 through 7, Plaintiff fails to allege the jurisdiction basis for filing the causes of action in Cumberland County, Pennsylvania. 10. The Court of Common Pleas of Cumberland County, Pennsylvania may well lack jurisdiction over the subject matter of the allegations contained in this Complaint. WHEREFORE, Defendants respectfully requests this Honorable Court grant Defendant's Preliminary Objections based on lack of jurisdiction and strike Plaintiff's Complaint. PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. 1028(a)(3) INSUFFICIENT SPECIFICITY 11. As to Count 1, Violation of the Pennsylvania State Odometer Statute, Plaintiff fails to plead with sufficient specificity which Defendants allegedly altered or caused to be altered the odometer reading. Plaintiff also fails to plead with sufficient specificity which Defendants failed to give and or disclose the odometer reading of the purchased vehicle. 12. As to Count 2, Breach of Warranty of Merchantability, Plaintiff fails to plead with sufficient specificity which Defendants alleged sold Plaintiff the vehicle which is alleged to be not merchantable. 13. As to Count 3, Implied Warranty of Merchantability, Plaintiff fails to plead with sufficient specificity which Defendants alleged sold Plaintiff the vehicle which is alleged to be not merchantable. 14. As to Count 4, Express Warranty of Merchantability, Plaintiff fails to plead with sufficient specificity which Defendants she communicated with allegedly stating to them that she was a single parent with limited financial resources, which Defendants skill and judgment was relied upon when purchasing the vehicle and which Defendants allegedly repeatedly assured her that the car was fit for her intended use. 15. As to Count 5, Implied Warranty of Fitness For Particular Purpose, Plaintiff again fails to plead with sufficient specificity which Defendants alleged had reason to know she was a single parent, which Defendants skill and judgment was relied upon. 16. As to Count 6, Pennsylvania Unfair Trade Practices and Consumer Protection Act, Plaintiff fails to plead with sufficient specificity which Defendants allegedly committed violations under the Pennsylvania Unfair Trade Practices Act. 17. As to Count 7, Automotive Industry Trade Practices Act, Plaintiff fails to plead with sufficient specificity which Defendants allegedly violated this Act. WHEREFORE, Defendants respectfully requests this Honorable Court grant Defendant's Preliminary Objections and strike Plaintiffs' Complaint. PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. 1028(a)(4) IN THE FORM OF A DEMURRER 18. Plaintiff has failed to allege the essential elements or facts in support of the underlying offenses in the following Counts: Count 1- Violation of the Pennsylvania State Odometer Statute; Count 2 - Breach of Warranty of Merchantability; Count 3 - Implied Warranty of Merchantability; Count 4 - Express Warranty of Merchantability; Count 5 - Implied Warranty of Fitness For Particular Purpose; Count 6 - Pennsylvania Unfair Trade Practices and Consumer Protection Act; and Count 7 - Automotive Industry Trade Practices Act 19. As to Counts 1 through 6, Plaintiff asks to be rewarded reasonable attorney fees. Plaintiff is not entitled to such attorneys fees. Plaintiff has failed to attach to the Complaint any document or contract entitling Plaintiff to recover such fees. WHEREFORE, Defendants respectfully requests this Honorable Court grant Defendant's Preliminary Objections in the form of a Demurrer based on legal insufficiency of the Plaintiffs' Complaint. Respectfully Attrney for DefendVs 48 West Princess Street York, PA 17404 Supreme Court ID No.: 89721 (717) 434-9213 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIVIAN LAMBERT 729 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 . PLAINTIFF VS. NICK DAVETTAS 723 WEST MARKET STREET YORK, PA 17404 IOANNIS KARANPOULIS . 723 WEST MARKET STREET YORK, PA 17404 DAKAR AUTO SALES 723 WEST MARKET STREET YORK, PA 17404 a.k.a AUTO MART OF YORK 723 WEST MARKET STREET : YORK, PA 17404 AND JOHN DOE, SALESPERSON DEFENDANTS CIVIL ACTION NO.: 07.2945 PROOF OF SERVICE I, GEORGE N. MARROS, Esq. hereby certify that I served a copy of the attached Preliminary Objections on the following individuals via United States Mail, first class, postage prepaid, and addressed to the following: Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Anthony B. Andrezeski Attorney for Plaintiff 317 Erford Road Camp Hill, PA 17011 Respectfully G for Defendant 484 West Princess Street York, PA 17404 Supreme Court ID No.: 89721 (717) 434-9213 o - c j, sfi ` r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02945 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAMBERT VIVIAN VS DAVVETAS NICK ET AL 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: DAVVETAS NICK but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 19th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So rs Docketing 18.00 Out of County 9.00 Surcharge 10.00 oma K ine Dep York County 47.94 ??4iff of Cumberland County Postage 5.60 90 . 54 ? 619S16 7 06/19/2007 ANTHONY ANDREZESKI Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02945 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAMBERT VIVIAN VS DAVVETAS NICK ET AL 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: KARANPOULIS IOANNIS but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 19th , 2007 , this office was in receipt of the attached return from YORK //19 Sheriff's Costs: Docketing Out of County Surcharge So 6.00 .00 10.00 ] .00 .00 16.00 ? L/? b? 06/19/2007 ANTHONY ANDREZESK Sworn and subscribe to before me this day of Trmas Kline f of Cumberland County A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02945 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAMBERT VIVIAN VS DAVVETAS NICK ET AL 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: DAKAR AUTO SALES AKA AUTO MART OF YORK but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 19th , 2007 this office was in receipt of the attached return from YORK Sheriff's Costs: So a s: Docketing 6.00 Out of County .00 Surcharge 10.00 R.-,,Th mas Kline `- .00 .00 16.00 06/19/2007 ANTHONY ANDREZESKI Sworn and subscribe to before me this day of ff of Cumberland County 4- A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02945 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAMBERT VIVIAN VS DAVVETAS NICK ET AL 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: DOE JOHN, SALESPERSON but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 19th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So a Docketing 6.00 Out of County .00 Surcharge 10.00 T s Kline .00 4eff of Cumberland County .00 16.00 L,d5-D7 06/19/2007 ANTHONY ANDREZESKI Sworn and subscribe to before me this day of , A. D. ! ?. COUNTY OF YORK 1 OF 4 OFFICE OF THE SHERIFF S717)7;961E 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE NSTRUCTOONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBERQ 777 9 4 5 Vivian Lambert 7-2945 civil. • -- 4. TYPE OF WRIT OR COMPLAINT NOTICE & 3 DEFENDANT/S/ Nick Davvetas et al Notice and Complaint C I C A SERVE 5 NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Nick Davvetas 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT 2 W. Market Street York A 17404 7. INDICATE SERVICE ? PERSONAL U PERSON IN CHARGE DEPUTIZE U CERT. MAIL U 1ST CLASS MAIL U POSTED U OTHER 2042- I, SHERIFF OF NTY, PA, do hereby deputize the sh riff of P 'I MaV 21 NOW York COUNTY to execute this Writ a e rn thereo ng to law. This deputization being made at the request and risk of the plaintiff., s o 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SER'04T O F C O T Y Cumberland ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. 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 sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURA N T H 0 N Y B . A N D R E Z E S K I , tS jfLEPHONE NUMBER 11 DATE FILED 317 ERFORD ROAD, CAMP HILL, 17011 717-433-4191 15/17/2007. 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW TM LPE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 5/22/2007 6/16/2007 16. HOW SERVED PE ONAL ( ESIDENCE ( ) POSTED( ) POE ( SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and eturn a NOT FO NO because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND MO=ED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Ti of Servce Z, A =&up- Date Dale Time Miles Int. Date Time Miles Int. Dale Time Miles Int. Date Time Miles Int. Date Time Mites Int. ¦-- 22. REMARKS: 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27 Postage 28 Sub Total 29. Pound 30 Notary 31. Surchg. 0? 1? 32 Tot. Costs 33 Costs Due oriRefund heck1A?A 7•q t 5X ( ?J $200.00 0,0.QO 1 ` e 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 8. Mileage/Poistage/N ound 39. Total Costs 40. Costs Due or Refund SO ANSWERS 41. AFFIRM"Ltd -IA I Signatur of 45.E .Q j 42. day 9 W. S tiff -- h OTARI /NOTARY M 'SOT FU6L)C O1j3"ar! IS L 46. Sgnatur Y 47 DATE , L A . B YORK COUNTY CITY OF YORK County ' 6/'L4/07 , ,. G 2009 12 AUG ' LL AN WI 0 Std; JIFF - , , MY COR;"0fSSI.,.? 4 48. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51. GATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. MITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office 4 `d OA Z£ T Wed ZZ UW OR JAHJUS 3H1 AO 3011JO GUI ON 2 OF 4. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST.,YORK, PA 17401 1! SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTFMTMS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THM 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBER 07-2945 Vivian Lambert 07-2945 civil 4 TYPE OF WRIT OR COMPLAINT NOTICE & 3 DEFENDANT/S/ Nick Davvetas et al Notice and Complaint CICA SERVE 5 NAME OF INDIVIDUAL, COMPANY. RP TION, ETC TO SERV OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Ioannis Karanpoulis 6 ADDRESS (STREET OR RFO WITH BO T TY. BORO, TWP. STATE AND ZIP CODE) AT 723 West Market Street York, PA 17404 7. INDICATE SERVICE ? PERSONAL L] PERSON IN CHARGE DEPUTIZE -KELI&ILand U 1 ST CLASS MAIL U POSTED U OTHER NOW May 21 20 07 I, SHERIFF OF IOWE COUNTY, PA, do h by deputize P!..* eriff of York COUNTY to execute this return ther rding to law. This deputization being made at the request and risk of the plaintiff., 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVI6b T 0 F C 0 U N T Y Cumberland ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. 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 sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURRi T H 0 N Y B . A N D R E Z E S K I , rg Q'ELEPHONE NUMBER t 1. DATE FILED 317 ERFORD ROAD, CAMP HILL, PA 17011 17-433-4191 5/17/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW TM LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Ex tration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 15/22/2007 5/ f 6/2007 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) I 19. Date of Service 20 Time of Service 21. ATTEMPTSI Date I Time I MIW4 1 Int. I Date I Time I Miles I Int I Date I Time I Miles I W. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles 1 Int. 22 DECEASED 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due rx Refund Check No 7ForNgn County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/PostagrlNot Found 39. Total Costs 40. Costs Due or Refund 41 AFFIRMED and subscribed to bef a m 14T14 th SO ANSWERS . l, - e - - - - 14. Signalure of 45. DATE 42 day of jlljiqlr?i I ' T Dep. SheriR ?_ rKW NOTARY NOTARIAL S 46. Signature of Y 47 DATE LISA L BOWMAN NOTARYPU?LIC Y ' county Sheri0 /E?/G7 jNT SIT ?- % CO 2009 2 WILLIAM N H OSE, SHERIFF , AUG. 1 48 S f F . ignature o oreign 49 DATE County Sheriff W, I ^I-V NUwl.tuwt KtGtIY 1 Ur I Ht SHtHIrr 5 rtt I UHN SIGNA I UNt 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - lum" Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sherdrs Office va W 0,3A1303V 3 OF 4 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 2 COURT NUMBER U / - SHERIFF SERVICE NSTIRICTIONS? PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY UNE 1 THMJ 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ Vivian Lambert 3 DEFENDANT& Nick. Davvetas et al SERVICE CALL (717) 771-9601 4. TYPE OF WRIT OR COMPLAIN I NOTICE & Notice and ComplaintCICA SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Dakar Auto Sales aka Auto Mart of York 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 723 west Market Street York, PA 17404 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE %DEPLITIZE d &ka U 1ST CLASS MAIL U POSTED J OTHER NOW May 21 2007 I, SHERIFF OF 1? COUNTY, PA, do here 01 deputize th iff of York COUNTY to execute this Writ MWM TO urn there ing to law. This deputization being made at the request and risk of the plaintiff. • SHERIFF OF COU 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OF COUNTY Ct.mberland ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to CLunberland County Sheriff. Thank you. 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 Was. destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGM1)'I VEH 0 N Y B . A N D R E Z E S K I , E $ Q. TELEPHONE NUMBER 11 DATE FILED 317 ERFORD ROAD, CAMP HILL, PA 17011 717-433-4191 5/17/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed d notice is to be mailed) SPAN BELOW FOR USE OF THE SFERFF - DO NOT WRITE BELOW TM LICE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 5/22/2 00 7 6/16/2007 16. HOW SERVED: PERSONAL ( SIDE CE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. U 1 hereby certi nd return NOT FO use I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NALC AND TITL OF INDIVI Eb'1 IST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Ti of Service 21. ATTEMPTS to Time *i% i , )nt.(, "big Time Miles Int Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. Date Time Miles Int. 22. REMARKS 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 8 Maeage/Postage/ Found 39. Total Costs 40. Costs Due or Refund 14TH SO ANSWERS 41. AFFIRME to bet a me thi 42. day of _ 44. Signatur of Dep. 1/ 16-.11 A/ p / 3 l 45. O - 7/ Q J -- NO; RIALS NOTARY LISA L. BOUAtAN, ROTARY PUBLIC CITY OF YO K YORK COUNTY 46. Signatu York County S W LL AM 1714 5E, SHER- ,FF 6/14/07 _ MY COMTVISSIC? _ X , ^ S AUG. 12, 2009 48 Signature of Foreign County Sheriff 49 DATE 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151 UA t t KtGtIVtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Isswng Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office va NVOA U 1 uj Zz aW COUNTY OF YORK 4 0 F 4 OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 r I-? SERVICE CALL (717) 771-9601 SHERIFF SERVICE NSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRIJ 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Vivian Lambert 4. vCrcnUP F111W Nick Davvetas et al 2 COURT NUMBER 0 7_ 2 8 4 5 t. TYPE OFWRIT ORWIOIPLAINT NOTICE & Notice and Complaint C I C A SERVE S NAME OFTNDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD John Doe, salesperson 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) AT 723 West Market Street York PA 17404 7. INDICATE SERVICE 0 PERSONAL U PERSON IN CHARGE DEPUTIZE 14M'A'nd 0 1ST CLASS MAIL U POSTED U OTHER NOW may 21 '20R-7- I, SHERIFF OF B*jiWCOUNTY, PA, do hereby deputize the sheriff of rn th a r ding Ynrk COUNTY to execute ?et:? to law. This deputization being made at the request and risk of the plaintiff. , -- 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SEW. OF COUNTY Cumber ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. 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. U. 1 Trt NAMt ano AUUKtSS Or A l l UKNtY / UKKANAIUK and SIAIgA?UR6 NY B. AN DR E Z ES K I, ESQ 10. TELEPHONE NUMBER 317 ERFORD ROAD, CAMP HILL, PA ?1Y7? (0111/1 1717-433-4191 12. SEND NOTICE OF COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF 11. DATE FILED 5/17/2007 SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW TM LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 15/22/2 00 7 16/16/2007 16. HOW SERVED PERSONAL (' RESIDENCE ( ) POSTED( ) POE ( SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. 0 I hereby cer fX,_nd feturn a NOT F UND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18_ NAME AND TITLE 9F INDIVIDUAL SElltVED./ LIST ADDRESS HERE IF NOT SFiQWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Tirpe of Service A 22 Int. Time I Miles I Int I Date I Time I Miles I Int. I Date S-1-67 I F'.244if Miles Int. Date Time Miles Int Date Time 'le-s- T Int. 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary rt. 38. Mileage/Postage Found 39. Total Costs 40 Costs Due or Refund 41 AFFIRMED and subscribed to bef re i SO ANSWERS . o C N T 41. Sigma re of 45 p,v4 ` ? 42. day Dep. S If 6 J J NOTARIAL StRMM I NOTAR R P BLIC 16. Sigrw of York Co nt rill -- 47. GATE Y U LISA L. BOVv70AN. NOTA u y TJILLIA° 6/14/07 CITY OFIO C YORK COUNTY ^ ' HOSE, SIiEt21FF 009 ki lv. 12, x MY CO"1 MISSi __- L E> , 48. Signature of Foreign 49 DATE - -.._- ---" _. ,._- ._ .__ _ -.- < County ShenR 3u. IM 1k1MUwLcwt Kr%,tlrI Ur Int ant Klrra KtIUKN JIIdNAIUKt 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office IN )IUOA .?ta?ys 311 ?? 3-1t4.40 ?_. _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIVIAN LAMBERT 209 S. Market Street Mechanicsburg, PA 17055 Plaintiff VS. Civil Action No. 07-2945 NICK DAVVETAS 723 West Market Street York, PA 17404 IOANNIS KARANPOULIS 723 West Market Street York, PA 17404 DAKAR AUTO SALES 723 West Market Street York, PA 17404 a.k.a. AUTO MART OF YORK 723 West Market Street York, PA 17404 and JOHN DOE, Salesperson Defendants PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS On July 3, 2007, Plaintiff Vivian Lambert, through her attorney Anthony B. Andrezeski presents and files Plaintiffs Answer to defendants' Preliminary Objections. All numbers of this Answer correspond to the numbered averments of Defendants' Preliminary Objections. 1. Admitted. 2. Admitted 3. Denied. This is an averment of a fact not appearing on the record: "Dakar Auto Sales was a licensed business with a business address of 723 West Market Street, York, PA 17404." This fact not on the record must state that the information is true upon the signer's personal knowledge, information and belief. This new fact must be verified. The requirement of verification is not subject to waiver upon consent of the parties. A MOTION TO STRIKE FOR LACK OF VERIFICATION is in order. 4. Admitted. 5. Denied. This is an averment of a fact not appearing on the record: "These are two distinct and separate business entities with separate licenses issued by the Commonwealth of Pennsylvania to operate and conduct business within the state." This fact not on the record must state that the information is true upon the signer's personal knowledge, information and belief. This new fact must be verified. The requirement of verification is not subject to waiver upon consent of the parties. AMOTION TO STRIKE FOR LACK OF VERIFICATION is in order. 6. Denied. This is a denial of a fact on the record. "Dakar Auto Sales was never incorporated under the laws of the Commonwealth of Pennsylvania." A denial of a fact on the record must state that the averment or denial is true upon the signer's personal knowledge, information and belief. Furthermore, it must be verified. The requirement of verification is not subject to waiver upon the consent of he parties. A MOTION TO STRIKE FOR LACK OF VERIFICATION is in order. 7. Plaintiff is without sufficient information or knowledge to the truth of this statement. 8. Admitted. 9. Denied. The defendants must specify the basis for the claim that jurisdiction is lacking. Defendants present no evidence to the Court to challenge jurisdiction. A mere allegation the Court lacks jurisdiction does not place the burden of proof upon the plaintiff. Within the totality of the facts and exhibits of the pleading jurisdiction is stated. Where the right to sue is statutory there can be no question of jurisdiction over the subject matter. Plaintiff is a resident of Cumberland County. The event or occurrence that started this cause of action was the expert witness report. (Exhibit 4.) This occurred in Cumberland County. The automobile was registered to Plaintiff in Cumberland County. Equitable relief in her Complaint includes jail sentences, criminal charges, loss of professional licenses and other non-monetary relief. 10. Denied. See Answer 9. 11. Denied. As a matter of law all defendants are liable for the illegal acts stated in this Complaint. Detailed requests as to the'culpability of certain actions by specific defendants are unknown to Plaintiff and better obtained by discovery, interrogatories or at trial. Averments of this Count are sufficient to prepare a defense. The pleading fully summarizes the material facts needed to support the claim. All facts and allegations are considered in light of the totality of this case. In its totality the facts and Seven counts provides the defendants with enough information to prepare a defense: A. The grounds of alleged liability are specific. B. The Complaint adequately informs the defendant of the issues to be met. C. The Complaint itemizes damages to each type or particular damage claimed. D. Copies of writings referred to in the Complaint are attached as exhibits. 12. Denied. By the Facts, John Doe, Salesperson sold Plaintiff the automobile. Also, see Answer 11. 13. Denied. By the Facts, John Doe, Salesperson sold Plaintiff the Automobile. Also, see Answer 11. 14. Denied. By the Facts, Plaintiff communicated with John Doe, Salesperson. Also, see Answer 11. 15. Denied. By the Facts, Plaintiff communicated with John Doe, Salesperson. Also, see Answer 11. 16. Denied, see Answer 11. 17. Denied, see Answer 11. 18. Denied. A preliminary objection in the nature of a demurrer admits All well pleaded material facts as well as all reasonable inferences deducible therefrom. The Plaintiff's Complaint contains properly pleaded statements of facts and elements of the law for each Count. Every Count sets forth a claim for which relief can be granted, the monetary demand consistent with law, statute or regulation and asks for judgment against all defendants. There are no conclusions of law, unjustified inferences or expressions of opinion. Furthermore, the Plaintiffs Complaint states well pleaded Facts that establish a cause of action against all defendants. The Facts show a direct connection by law, statute, and regulation between the acts and omissions of all defendants and the injury and damages sustained by Plaintiff. Plaintiff applies the facts to specific elements of law in seven separate Counts. Plaintiff then states a claim for which relief can be granted. 19. Denied. By statute and discretion of the Court attorney fees may be awarded. WHEREFORE, the Plaintiff requests this Honorable Court to accept the statement of Plaintiff' Complaint as sufficiently specific in substance and form as to entitle the pleader to proceed to trial without amending it. Submitted for Plaintiff, Submitted by: Vivian Lambert Anthony B. Andrezeski Attorney for PI intiff 317 Erford Road', Camp Hill, PA 17011 Phone (717) 433-4191 Supreme Court lb. 88995 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIVIAN LAMBERT Plaintiff VS. NICK DAVVETAS, et al. Defendants Civil Action No. 07-2945 CERTIFICATE OF SERVICE I certify that on July A 3 , 2007, a true and correct copy of ANSWER TO PRELIMINARY OBJECTIONS and ORDER was served via First Class Mail upon the following parties: Mr. George Marros, Esquire, 484 West Princess Street, York, PA 17404 A n n 1 Anthony B. Andrezoki, Esquire I.D. 88995 317 Erford Road Camp Hill, PA 17011 (717) 433-4191 -; 1 l ? J -r, I,UK. RIO,. v 7 - Pc r VERIFICATION I HEREBY VERIFY THAT THE STATEMENTS CONTAINED IN THESE PRELIMINARY OBJECTIONS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO PENALTI?S OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTORITIES. f DATE: July 2, 2007 AS a cn swwoma ? dsp Pay of , opto lor TO Vw"t ?? 0 be staff ? ??) goat t uc, va. -??c,,, n^? 5 S ?, ?e s l+lo- to A010 ex's i 5 low Tao to be n sk Cam}' C two 3. I ?. far '--- n tom) ... r /''? 3 + co - , ;E7 .tea 24 Vivian Lambert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Nick Davettas, Ioannis Karanpoulis, Dakor Auto Sales a/,Ja Auto Man of York and John Doe, salesperson NO. 2007-2945 CIVIL TERM ORDER OF COURT AND NOW, October 4, 2007, by agreement of counsel, the above-captioned matter is continued from the October 3, 2007 Argument Court list. Counsel is directed to relist the (7" case when ready. By the Court; Edgar =, ayley, J. Anthony B. Andrezeski, Esquire For the Plaintiff George N. Marros, Esquire For the Defendant ' Court Administrator kam L?J .. tJ r; - ,,,_ __ cr. c:y? ? - -- _. ?-:.? E d? ,`.4_, ? l-- _ ... ?+" L? e-? i ' K`J ..? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire V caption must be stated in full) 1V t C,,^ LG`?tr1- . M04 Lowe &vVss I To1-nn; s ] ow-an x/111Yu 5 D o, o.?' A vo 5 043 o.. k-w j}`,-,p ri? a 1 41<1 0- "ao?.Vx bot;,sa ?-sPtr3uv% No. 0?-1;2qLls , .2QD8 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Pf-e 11? t f1c C !-t °? s tJt in TY S ceiV A/4 2. Identify all counsel who will argue cases: /tr A (a) for plaintiffs: 3l RA 1? P4 (Name and Address) (b) for defendants: C-I(YO S U (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 9 signa?ure 8-e-zrG;t , N aot s Print your n *e 2Z ,&o ir ef -n4- CA r+ Atto ey for Date: / V INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is rellsted. /7J? ? IF- `