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HomeMy WebLinkAbout07-3139.r/ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6 7_ 2 I :;l 4 0 ". NOTICE OF APPEAL QAV id 6ec ll? oric, Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. V I3 W-UNNIC MACS. D15T. NO. 071- Q NAME OF 9.J. k V09 y ADDRESS OF APPELLANT CITY c X ? STATE N ZIP CODE um i t ur duutjMtN 1 IN THE CASE OF (Plaintiff) (per. OS 6?IPGl P O tl 1 e- J,4 VIJ A,9-0 CU -00000'P9- 07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was Glaimant (see No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of appellse(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ,20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE S1.231,07 ?t PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Signature of affiant r-3 C= q Ifz) rR is-7 41 ki C- I i 2 i COMMONWEALTH OF PENNSYLVANIA COUNTY n;=- CUMBERLAND Mag. Dist. No. 09-3-03 MDJ Name: Hon. SUSAN K. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 DAVID BECIROVIC 1672 QUAIL DR CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT NOTICE OF JUDGMENT/TRANSCRIPI CIVIL CASE PLAINTIFF: NAME and ADDRESS rBECIROVIC, DAVID 1672 QUAIL DR CARLISLE, PA 17013 L _ VS. DEFENDANT: NAME and ADDRESS rROONSY, BOB 58 NELSON DR CARLISLE, PA 17013 L Docket No.: CV-0000099-07 Date Filed: 3/14/07 (Date of Judgment) 5/03/07 ® Judgment was entered for: (Name) ROONEY, BOB ® Judgment was entered against: (Name) BECIROVIC, DAVID in the amount of $ • 0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time D This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ -00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date, I certify that this is a true d correc copy of the reco d of the Date My commission expires first Monday of January, 2010 AOPC 315-06 t DATE PRINTED: 5/07/07 Magisterial District Judge proceedings containing the judgment. , Magisterial District Judge 8:54:00 AN SEAL i l S Posta ce r erv ,., TIFI ED MAIL ,, , REC EIPT F . i d stic Ma il Only; No Ins urance C overage Prov de ) m very inf ormation visit o ur website a t www.u ff) sps.co ru rf.l Iil ru ru M O C3 C3 ru ru O fl O rl- tr) Postage Postage $ ?/"k Certified Fee #2.65 \ 09,, ?I ? Certified Fee $2.65 ?j 09 p by rk? Post ru p Return Receipt Fee (Endorsement Required) $0.00 PosrmBrk Herb ' $ 00 rV C3 Return Receipt Fee (Endorsement Requ red) 0. He / 51 °R• t3 Restricted Delivery Fee (Endorsement Required) I<0.00 !r R ?f: Restricted Delivery Fee (Endorsement Required) $0,00 ? !!" . 0 (!! $3 06 ° r 05 2 06 $3 / / O Total Postage & Fees i . s .- jr• . $ Total Postage & Fees Sent 7o n _ r ent To p G • ;;WApt---••N----------?-•^---------- ? ? ?-' ------------------------ ____ _ ------- Street. Apt. No.; ?A? or PO Box No. "'"'C! p7 . j r "'" ?(/14? t7 r• o orr PO PO Box No. J No. I? ?/"J"'v ? ----°---°•-----°------------ -----°--° Crty, Stare, ZIP+4 n? jf _ y? ° ?V' ---- -•-- --°-----°°-- /rl?, ----- ! ( 43 City, State, ZIP+4 )-2012, PS Form 3800. ALIgUst 2006 !", 1 11 APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH LVANIA COUNTY OF CPE ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas 617. upon the District Justice designated therein on (date of service) ©! ? ; 0?j 200-) , Q by personal'service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)' bo? poz O-Ssl on ,20 ? by personal service ® by (citified) (registered) mail, sender's receipt attached hereto. 1i? P l cif !? (SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 3r qA?( OF N -v , 20 0 1 J14 1 4V ( ) Signature of affiant S riou f official before whom affidavit was made SYLVAN IA COMMON 1yd I Gtr v i U IiC- Title of offidef 6"1 sand blic Pu My commission expires on 20 gMkn Aug. is, 2007 C U MYGM r, Rennsyivanle Aatoaatiat of Notaries Ld: 4= M --C r- ffi _ -r.3 Q C-_ 0 ?--' -- r'' rM UUMMUNWEALTII OF PENNSYLV COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. mnci. uI57. NO. NAME OF O.J. -- C.L?f ADDRESS OF APPELLANT OA I L, L CITY STATE ZIP CODE ?1L fl.Nt ? r G', DATE OF JUDGMENT IN THE CASE OF (Plaintift) C 07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prolhonotary or Deputy 1. If appellant was Claimant (see Pa. R.C.P.D.J. N6.1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appefte(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date ,20 signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Mr. Becirovic David COMPLAINT V Mr. Rooney Robert 11 Ridge Drive Middlesex Pa 17013 CIVIL COMPLAINT 1. The Plaintiff herein is; Mr. Becirovic David 1672 Quail Drive, Pa Carlisle 17013 2. The Defendant herein is: Mr. Rooney Bob (Defendant) 11 Ridge Drive Middlesex Pa 17013 Underlying Facts 07-3139 Civic Term 3. Mr. Rooney Bob (Defendant) in June, 2006 sold to Mr. Becirovic David (plaintiff) a Pontiac(Van) Montana 1999yr $5,065.50. Attached, see Exhibit A. 4. Mr. Rooney Bob (Defendant) did not posses neither dealership license nor Pa business registration permit. Attached, see Exhibit B, C. 5. Mr. Rooney Bob (Defendant) as sale person and auto mechanical did not follow "Pa Standard of Professional Ethics and Automotive Industry Trade Practices Regulations. Attached, see Exhibit D,D1,D2,D3. 6. Immediately, after purchasing the Pontiac (Van) Montana 1999 it stop to run. Attached, see Exhibit E, F, G, H, I, J, K, L. 7. Mr. Becirovic David (plaintiff) paid to Mr. Rooney Bob (Defendant) beside purchasing price an additional amount in the name fixing mechanical problems with engine $ 639.00 (plus 10-15% tip) & windshield wipers $330.00 (plus 10-15% tip). Attached, see Exhibit M. 8. Mr. Rooney Bob (Defendant) called me on 4 h of March, 2007 and orders to me that I move my car from his property, and blocked his telephone number that I can not call him. Mr. Rooney Bob (Defendant) Attached, see Exhibit N. 9. Mr. Becirovic David (plaintiff) paid following repair services: a- Change engine at "R & B "Auto Mechanic Shop $ 1,900.00 Attached, see Exhibit 4, P. b- Change transmission at NCAP & AAMCO $ 1,460.01 Attached, see Exhibit Q, R. c- Change Heat Core at Express Tire $ 435.90 Attached, see Exhibit S, T. 10. In period 2000-2006 I did paid to Mr. Rooney Bob (Defendant) for sale cars to Mr. Becirovic David (plaintiff) ; a-Pontiac Van Montana 1999 $ 5,065.50 Attached, see Exhibit Ul. b-Chevy Van Venture 1998 $3,952.42 Attached, see Exhibit U2. c-Pontiac Grand Am 2001 $ 5,259.30 Attached, see Exhibit U3. 11. In period 2000-2006 Mr. Becirovic David (plaintiff did paid to Mr. Rooney Bob (Defendant) for different mechanical services on his cars;\ a-Mitchibushi 1992 $ 2,350.00 in cash and check b-Chevy Corsica 1994 $2,300.00 in cash and check c-Chevy Van Venture 1998 $500.00 in cash and check d-Pontiac Van Montana 1999 $ 1,000.00 e-Pontiac Grand Am 2001 $500.00 Attached, see Exhibit V1,V2,V3,V4,V5,V6. Wherefore; Court decision in my favorite. Order to Mr. Rooney Bob (Defendant) to reimburse all costs plus and all damage with this criminal, unethical and unprofessional behavior. David Becirovic 1672 Quail Drive lisle, P 13 e J VERIFICATION The undersigned says that the facts set forth in the foregoing answers are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. W 4e4-Jq4Ln(,.,,-, Dated: + ?? f ,tom PtWA" w or W,9M*' ? DEMO MAKF ?E ORDER FOR TME CAR ? TRUM RRAM t_ .F. .?, I j ZIP r .? e .:. .?i t? 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A. ti ? ? _ ? ?.. n 0 ® o arv 0 cr CD CD ® CD Poe e m 04 C 0 J? ? ?3 Central Penn Auto Club • Travel • Insurance • Financial Services 2301 Paxton Church Road Harrisburg, PA 17110 Telephone: (717) 657-2244 Fax: (717) 657-8950 www.aaacp.com ** Printed for edg on 15 MAR 2007 at 14:17 ** Call #: 837 ERS Call Inquiry for Member #: 195-8582779 PL Date 02 MAR 07 DupTo: DupBy: Name : DAVID BECIROVIC Flags: ACS ADDRESS CHANGE Calls Used: 0 -of- 4 Expiry: 30 APR 08 (2000) CENTRAL PENN MEM$-ER_ Mem Type : REGULAR Status: ACTIVE Insurance Tape Selec + Start : 18 APR 00 + End L ation: 623 W PENN ST Loc. Desc: CARLISLE HIGH S O C CARLISLE Dir: SWARTZ BUILDING X-Street: BELLAIRE DR Ph : 717-385-0049,?CEL Y Comments: *R* Tow to alt. location . vmwv Mk: PONT Md: MONTANA Year: 1999 Color: GOLD License: RI Driver Ph: 717 258-1517 Handling: Problem: TOW ALT LOCATION,T Status: R Garage: G308 Tow Dest : 58 NELSON DR CARLISLE, PA Driver: A 0 ?o • Central Penn Auto Club • Travel * Insurance • Financial Services 2301 Paxton Church Road Harrisburg, PA 17110 Telephone: (717) 657-2244 Fax: (717) 657-8950 www.aaacp.com ** Printed for edg on 22 JUN 2007 at 12:13 ** Call 5926 ERS Call Inquiry for Member #: 195-8582779 PL Date : 14 JUN 07 DupTo: DupBy: DAVID BECIROVIC Flags: ACS ADDRESS CHANGE s Used: 1 -of- 4 Expiry: 30 APR 08 (2000) CENTRAL PENN MEMBER Mem Type : REGULAR Status: ACTIVE Insurance Tape Selec + Start : 18 APR 00 + End Location: 104 SYCAMORE DR Loc. Desc: SIDE OF RD City : MT HOLLY SPRINGS Dir: X-Street: Ph : 717-385-0049 CELL Y Comments: *R* Tow to alt. location vMWV MEM WILL RIDE Mk: PONT Md: MONTANA Year: 1999 Color: GOLD License: RI Driver Ph: 226-1530 Handling: Problem: TOW ALT LOCATION,T Status: R Garage: G308 Tow Dest : AAMC0?6411 CARLISLE PIKE Driver: A 0 f r Printed for on 04 OCT 2007 at 12:51 call'#: 1208 ERS Call Inquiry for Member #: 195-8582779-A2 PL Date : 03 OCT 07 DupTo: DupBy: : ILDIJANA BECIROVIC Flags: Used: 2 -of- 4 Expiry: 30 APR 08 (2007) Mem Type REGULAR Status: ACTIVE + Start 01 AUG 07 + End Location: 1252 HARRISBURG PIKE Loc. Desc: PARKING LOT City : CARLISLE Dir: RAMADA INN X-Street: COUNTRY CLUB RD Ph : 717-609-9502 CELL Comments: *R* Tow to alt. location Mk: PONT Md: MONTANA Year: 1999 Color: GOLD License: RI Driver Ph: 677-8111 Handling: Problem: TOW ALT LOCATION,T Status: R Garage: G549 Tow Dest 713 N. Cherry st - in the rear of the building Driver: A Dsp Comm efv (G308 UNABLE TO DO) RE: 17:23 ejw SS: 17:38 efv Call Backs Fac Checks CLEARED SP: 17:38 efv DI:r17:44 esv 1. DIC 17:49 esv Grid: C9 AC: ER: 2. IN 17:49 esv ETA: 19:15 60 OS: 18:32 *WEB UT: 3. ETA 17:48 esv CL: 20:11 *WEB REM,28 RPM,55 -------------- Reassignments --------------- Code Fac Dri SP DI ER OS UT 1. ETA G549 A 17:38 17:44 efv esv 2. NR G431 A 17:34 efv 3. CR G244 A 17:32 efv 0R 0257 A 17:25 efv 5. EE G308 A 17:23 ejw 6. Comments: 1. *R* Tow to alt. location 2. ----- Dispatcher Comments: 3. efv (G308 UNABLE TO DO) 4. efv (LMOM FOR G257) 5. efv (0244 UNABLE TO AND G431 NOT IN AREA) 6. efv (G423 UNABLE TO DO) 7. efv (PAGED G549) 8. esv (GAVE TO BILL, ETA 90 MINS) 9. esv (CALLED MEM WITH ETA, HE SAID O.K.) 10. 11. 12. 0 l 'AAA Call Backs Fac Checks 4.DIC 17:47 esv 5.IN 17:47 esv 6.DIC 17:39 efv 7.DIC 17:37 efv 8.DIC 17:34 efv 9.DIC 17:25 efv 10.DIC 17:24 efv 11.IN 17:24 efv ?J y '?' r.:. r? ?', ?, >?,.? ? ?- ? ? ?? ,.? <, a ;??: ?" ?? t ?i ?, f ' ? ?; ? , n? ?i??. Y s ?? ?{7 .w '? t .? ?iJ. Y ? _?'ti ? A ??? ? got. ts_e ?, €7 Y?? ^r ,?' 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PA 84 0"21200:' 06:201"M P lrxrxnit?y (717, 25"735 tiarrrbtrury. PA Si3.(3r $0.00 $0,00 03W/2007 i#S_.26PM 1' vNce tail Y(a HanisWrg, PA WM 1 $0.00 $0,00 $0,00 84 Q3t{321i7 t 68 27PM P Hia€riSbttr-g, PA {717) 657.1324 Harrisb"g, PA 6 $0.00 $0.00 So 00 BS 03,N)MD0 7 06:33PM P Carte. PA 1717) 385•-1115 Harrisburg. PA 2 SO-00 $0.00 $0.00 uf; 03.02rdoo (16 58FM F' hiring (717) 226-38()B Marc sburg. PA 2 $0.{30 $0,00 $0,00 ._ .. ;.t ':3Farts ,3'1rSl r'`A '1 43- 4 10 r'+ tllmsb,jr,?, PA =,f' f?O a -t"i-t rF r,lt=uia 'A -A ?,tiUt4 lc.ico Mal! A "M Y u t4f? / U2 02 1 0 L- t7171422-81lO -#Hatrisburg, PA 2 SON, so.00 $t).£}l+ c g? 'P. Furrit Ck 3'i H-Ndsburrg, PA C1} 1 $0,00 WOO $0,00 94 OUUSM7 39AM P Incontirg { 717) 3?r3 i?434 t ss? isrg, PA 3 VIM SO.00 $0.00 95 CY3ro5:`2t'307 04-21 PM P voice "I voice Mall F', r burg, PA ve+t 2 $0 00 $0.00 $o 00 0310512W? i W,--PPM P Garde. PA ? (7171258-6735 Flaripigtsurq, PA ? 1 5o 00 $0130 $0.00 ub-t u£ a' t o f A:r*wn, Charges 251) SO 00 S1050 $1!) 50 44rtime Arras Use Text Minutes Charqes (;barges U03589ing 'i'ce Sti -C 3ft.YL Sti.04 Grand Total Usage for (717) 385-0049 i $10.50 , 1 Feature Column Key CF Call l orn ar t 3 CH '("all Hold Cl (-alter 1T) 810 4 ( CW Call'Nalting ? 3W 3 Way Calling ? v owc Mail Retn(v 13 IT ?nlernalicinal Call ("Times for These calls are all Eastern Timer Mess,?ge For •_,, , Csi Message For a All Makes 8 Models • Foreign & Domestic Bodywork R&B AUTO MECHANIC SHOP 713 N. Cherry Stmt Lanc=Wr, PA 17602 (717) 394-2009 • (717) 2AP-33 5?,2 Rafael Reyes d Wilson Pena Mechanic Bodywork 5 1 q' 1 Jac1 • ¦?//?9FKOZhnV0: Sun ha 3 14:58:45 2007 AutoZ one #1849 725 N. HAN0t1ER ST CARLISLE, PA 17013 (717)241-0030 rtai pith core (taz included): 293.60 )tal without core (tax included): 293.60 !hicle: 199 Pontiac Truck Montana Cylinder 207/03393 E 3.41- SFI 4TJ PART# PRICE UARRANTY CORE adia ar ISTEON 9589 199.99 Warranty: 3 Years '8" core thickness ty: 1 pater Core RANSPRO 398361 76.99 !arranty: Limited Lifetime ty: 1 Prices and availability are subject to change • All Makes & Models a Foreign & Domestic Bodywork 1 RM AUTO MECHANIC SHOP 713 N. Cherry !!rest Lancaster, PA 17602 (717) 394-2009 • (7171490-2923 Rafael Reyes Wilson Pena Mechanic.-7 5t ;p Bodywork 281269 ESTIMATE (Valid for 30 days) DATE i ? SERVICE ? WILL CALL ` ? INSTALL ? DELIVER PHONE NAME R J MAKE ADDRESS ' MODEL SERIAL ITEM TO BE SERVICED ! NATURE OF SERVICE REQUEST QTY. PART # DESCRIPTION OF PARTS OR MATERIALS PRICE AMOUNT LABOR P MED t i . f r. .U t < v o ( TOTAL MATERIALS f -too TAX I TOTAL LABOR i TOTAL AMOUNT Dr,TE WANTED DEPOSIT RECEIVED BY r % (dI ESTIMATES ARE FOR LABOR ONLY MATERIAL ADDITIONAL. WE 0,1ILL NOT BE RESPONSIBLE FOR LCSS OR DAMAGE CAUSED BY FIRE. THEFT TESTING OR ANY OTHER CAUSES BEYOND OUR CONTROL. REPAIR ORDER AUTHORIZED BY: ORIGINAL TERMS - NET CASH 5084 NO GOODS HELD OVER ?? ??(? CUSTOMER COPY MEMO r}t? ily i.. .. .,r:?tts ,CA AI t I ms Mu S k3Y (, r ?) t??i? '. ti1? f:• New Cumberidnd Autc UdIU REFERENCE DATE TIME 173 Old York Road, Box 468 • New Cumberland, PA 17070 Phone: (717) 7741190 • Fax: (717) 7743972 • Toll Free: (840) 692-7822 `0??? www.ncapl3k.com a 11 RECEIVED B'r' HEM GUISM040 RUTU PAR 173 OLD YORK ROAD NEW CUISERLAN, PA 17870 TERMINAL I.D.: 81577581 MERCHANT 188888626326881 VISA Ut##*U 6956 SALE BATCH: 860353 INVOICE: 383889 DATE= JUN 14, 67 TIME: 13:23 RAN: 88808888 AUTH NO: 081787 TOTAL $530.00 DAVID BECIROVIC CUSTOMER COPY 0 TAX TOTAL Ado iRANSMISSID1raESi 6411 CARLISLE PIKE MECHANICSBUR6, PA 17055 TIEtr 2,34 PM DATE 06115,01 iERM 00552146 14 00017920998,3490 IRAN TYPE SALE ##XXXxxXXxXXXX2705 CARD TYPE VISA SEG N 802 TICKET N 9888881226 RUTH CODE (302246 TOTAL $500.00 CUSTOMER COPY .10-- JEFF fBECIROVIC 16 QUAIL DR. 4W 919; PONTIAC MONTANA *Aj4K 1' UAW +1ic(giM.At+taa i No. 105315 DAVID d 15,07 1S;S1 'CARLISLE PA 17013 122746 4T65E TAN 1CMDX03E4XD193188 ?A_FGVG89 12 98 3.4L S. ?7. ?. INTERNATIONAL 6411 Carlisle Pike CUSTOMER SERVICE e ? 0 ervice MechailicsbLlrq PA 17050 rc?arosMISSEOws -Plll S?'! 717-795-9095 TRANSMISSION PARTS LAHR SUBTOTAL An independently owned and operated AAMCO Center SUBTOTAL _ . `?30.01 Customer Invoice EXPERT TIRE Service Advisor: 136960 CARLISLE 01 CALVERT 05:'24/2007 200 S HANOVER ST 717.243.5818 CARLISLE, PA. 17013 1999 PONTIAC MONTANA IROVIC, ILDIJANAi'DAVID V6-201 3.4L OHV QUAIL DR Lic #: FGV6898 PA Vin #: CARLISLE. PA 17013-1239 In: 0519 07 10:40AM Mileage: '22.15.0 717.258.6735 Or 717.385.0049 Out: 05124!07 3:51 PM Store # 652059 RETAIL SALE Article Unit Extended Job Description Number ID Qty Price Price Total COOLANT FLUSH WIEXTENDED LIFE 01 93.99 EXTENDED LIFE - GLOBAL ANTIFREEZE 7001945 02TN 2 16.99 33.98 EVER-WEAR RADIATOR SERVICE LABOR 7003302 02TS 1 45.02 45.02 TLF108P EVER-WEAR POWER RADIATOR FLUSH & 7004116 02TN 1 1? .99 14.99 STOP L COURTESY CHECK cl COURTESY CHECK 7046930 02TS N'C N/C HOSES 01 168.45 i 1152 HEATER HOSE 7020885 02TN 1 16.45 16.45 BYPASS HOSE LABOR 7020869 02TS 1 152.00 152.00 COMPLETE VEHICLE INSPECTION 01 19.99 Symptom:- LEAKING HOSE AND CHECK OVER FOR STATE INSPECTION VEHICLE INSPECTION 7028789 02TN 1 19.99 19.99 Technician(s): 02 JOSHUA WILLIAMS ment History: Summary: VVIVisa 6502 311.91 001602 Parts 65.42 Total Tendered 311.91 Labor 217.01 Shop Supplies 11.82 Sub-Total 294.25 Tax (6.00°/x) 17.66 Total $311.91 I have received the above goods and/or services. If this is a crecit card purchase. I agree to pay and comply with my cardholder agreement with the issuer. Customer Signature All parts are new unless otherwise specified. Declired Work: HOSES TIE ROD ENDS (Left-Outer) ALIGNMENT SERVICE PA. STATE AND EMISSIONS INSPECTIONS 1 acknowledge notice and oral approval of an increase in the original estimated price. Signature or Initiais TELL US ABOUT YOUR EXPERIENCE AND RECEIVE $10 OFF Y NEXT P R ASE OF $25 OR MORE! 1) For a short survey Cal' 1-800-931-1618 or logon to 4Nww.ExpertTire -V om tr code 652059-136960.- 2) Write redemption code 1ere: A _. Offer expires 6 rronths from date or e. good at all participating locations. e Must have valid redemption code. May not be combined with any other offer or to reduce existing debt. No copies accepted. COMMITTED TO PROVIDING A POS TiVE C STOMER EXPERIENCE Rev Revision History: Amt Init 05/21!2007 03:18PM IN PERSON BECIROVIC. -49.60 05/21/2007 03:21 PM 717.385.0049 BECIROVIC. -47.90 05/21!2007 03:22PM 717.385.0049 BECIROVIC. 47.90 See reverse side for Warranty Information ?YDCQ-71QG Customer Invoice 37068 015 26 2007 4ROVIC, ILDIJANAiDAVID QJAIL DR CARLISLE, PA 17013-1239 7 17.258 6735 EXPERT TIRE CARLISLE 200 S HANOVER ST CARLISLE, PA. 17013 1999 PONTIAC MONTANA V6-20" 3.4L OHV Lic #: FGV6898 PA Vin #: In: 05`25?07 9:33AM Mileage Out: 05:26'07 8:56AM Service Advisor: 01 CALVERT 717.2=3.5818 122.156 Store n 652059 RETAIL SALE Description IGNITION PARTS 7580 SPARK PLJG REMOVE & REPLACE SPARK PLUGS PAR'S DISCOUNT IGNITION PARTS LABOR DISCOUNT IGNITION PARTS COURTESY CHECK COURTESY CHECK Technician(s): 02 JOSHUA WItLIAMS Pavr,'er,t Hisro-y: Vasa 6502 Total Tendered Article Unit Extended Job Number ID Qty Price Price Total 0' 110.94 70'3196 02TN 6 1.99 " 4, .94 7042455 02TS 114.00 114.00 7001656 02 -1 1.42 -1.42 7001656 02 - . 1158 -13.58 01 7046930 02TS N• 'C N/ C Summa 123.99 001822 123.99 Ove received the above goods and/or services. If this is a crew ` card purchase, I agree to pay and comply with my cardholder agreement with the issuer. Customer S:a^ature All parts are new unless otherwise specified. Parts 10.52 Labor 100.42 Shop Supplies 6.03 Sub-Total ' 16.97 Tax (6.00%) 7.02 Total . S1 23 9q TELL US ABOUT YOUR EXPERIENCE AND RECEIVE S10 OFF YOUR N C SE OF S25 OR MORE! 1) For a snort survey Call 1-800-931-1618 o- iogor, .o .v.°r,, .Expe-T reSur y.con.- ente code 652059-137068: ''+A1-i?e redemption code here: Offer expires 6 --ro- n .,s `ro cafe o 'r o c . 90o at all oart:cipat ^g lowats©r,s. Mist have va`id -edempt on code. May not be combined w,,*n a-y o -er o`rer or to re is =^g debt: No cop e; acce,,)ter CO VI FY,:TIED TO PROVIDING A POS ' VF CUSTCMER EXPERIENCE See reverse side for Warranty Information Image Page 1 oi' l t CC-')/ R N E 10 xMONE Federal Credit Union No. 020104 rid P'; BOY,, ',AI CA15;E PA t??a t1's" Member haunted -- Smwdl br Wd ONLY *****gj 065 DOLLARS AND 50 CENTS $ ***** r, PAY: S, 06 ?. 50 DAVID BECIROVIC TO THE OR STONE HOUSE AUTO SAES CHECK DATE Ob?;6;?006 ? a CHECK NO. 20104 (4 V's .J 3 e, lli:: (EC c ?mKrAt - .?31?87550?.?'23?38?6?BC?3t3• _ _ OQ u so, - ix •.... m `"• n t ? < 06202006 n I 03 000040 r RB-PH I LA ! q - ' o s ENT=3998 TPC=3977 PK=09 ? ! - C-1 r. off' a atr,L 711116 li r1 \ V L. T Li;? iJ `.1J r ? 12 0 CT i .r 1 1, 1P ? -rn ? n . i rti f ' t r f i Prrnt Close u I 11tt11S:' ?k??t1.1111(j 3tlAYlTlt'iVlt'r1 oro Phn?nty 1 'l :1, T+.- r: - -- ---• moo r.i_i X17 953 3:130 MID ATLANTIC Z004 • 1 • CORNERSTONE r ederAl Credit UnionN P O Box I lei No, 0?7?57 CAR15=E, PA 17D13 2313 Afemberfounddd-. Sm4ce based. .'x.0040• ? 'CIA* 91rte xy. U,wt g Q" w .rri G: r!: tl.+m F.s?'.PA Tlr PAY; ONLY.""03, 952 _ DOLLARS AND 42 CENTS $ "***-?3, 952. 421 TO THE DAVID BECIROVIC CHECK DATE 05/20/2004 ORDER OR CORNERSTONE FEDERAL CREDIT ACCT*6943-02 CHECK NO. 17937 • i u ?1'000 i? 9 5 7tr ?; 3 i 38 7 S 50?:?' Z 3 i 38 76 ?80131N ,,40 000395 2L 2#' index; IX0 VOIID:454004659 VolDate: 38128, 2923587963 UDI:px0100O0001b26ae40de2d00008ba'p000 'FiieName:00000001. TI F 'Foffset:421519798 4jR'or-OrdNu!>?:23676 OKEN;ox390a00000e00cefe -Tracer. 11113076 ------------------- r T r i '? 5168b4667 >R;;?5212004 f)ZJ FRB-PH ILA rw'47=4065 TRC=4064 PK=21 0 0 s 0 z m p } I I IX m - 1 I p ! m m y I ? rn ' 0 u, a fs1 ?I y. ry , ? v ? 'v4 ? tV n '? . ? && Index:IXO VoIID-454004e59 VOIDate; 38128.292858796 UDI:Ox01OOOO001b264e4Ode2d00008ba10000 1 'Fi1eNam•:00000001.TIF ffset:421519798 f ?agt4z1W2aa3o I° u •rdNum:23®75 O TOKEN: N390800000400ceto Tracer:? 1113076 M d-Atlan!!?c Corporate Federal Credit n=or, R CORNERSTONE MEN 50 8755 Federal Credit Union J21389 No z" Po. BOX 1161 CARLISLE, PA 17013 F Afemberforindcd- Servrce based, 9. /A 17' ^I ONLY DOLLARS AND Y: 30 CELTS **s, 2 s9.3q+ J DAVID BECIROVIC THE CRD=fi OR STONE HOUSE AUTO SALES CHECK DATE 013/10/2006 aF CHECK NO. 21389 •'' A?•ne9,zEn3icvaT?q= 111000 2 138 gill 1s 2 3 i 38 7 5 501:1- 2 3 1 38 76 280 1 31;' "000 0 5 2 5 9 30w' w 21 5 l 1 I f ' ?j6] 1332767 P3142006 ;? ?, ? D3! 000040 FRB- PH I LA ' L ? ? °l•^ a F-1`47-42SO 71;'C-4.250 PK=09 I T + O • °!a m .,r?f'y 17 40 0 ty r j r12L?ZcJ1' 1c< i n T' C • ? I i 0 To?)) ! Credit '-?r;c M d-At,awic Corporate --rece?ar DAVID BECIROVIC ILDIJANA BECIFiC1VIC 1672 QUAIL DR. CARLISLE, PA 17013 717-258.0735 Aly "o the ?r-de?;of r, N (31 () 1 1 0000'- l+ Date o - f ol yv 1? ?kc r)-P"tG W-9762,7313 I$ CORN&s-rONE Fulcra; Credit Uninn 11 0. Ut,w 11,41j. PA 17M -1 38?62Ell: 838 oodars or. 20 6 9 4 50 5'1' 08 38 11'000000 2 500,1' Ol".!NEHlY EhTFfl'fdSF%, Ric i(K4 (T- 1)7YT--T:' i ??1 1ei m ^ Vet i ( r 1 1 J r? 1 'j f ? ?CjL1YU.1`ts ..fJ'.i{{ I?J' ' rJ1 '? tL' • j ? L '• ?i ? ~l 7 1 ] 11 '? 1? i i ? Ll -L cr V y31 j ' 70 c? t-5 -oft Co ; - . i 1• ; ? l • ?I l? bid-At a?i Ccrpcrate redera' Cre& ar DAVID BECIROVIC ILDIJANA BECIROVIC 1672 QUAIL DR. CAR' ISLE. PA 17013 717-258-6735 i?-Ly to the o rclcr of ,;,.. - Date Fo•e?s2n3:3 r? L71 t'-6/) ov//o -v TT yII?? 836 oolbrs ! v CORNE14STONE ,dcral CCedit union P O llc? 13 i, t a!r i0e. PA 17013 -? -t hi?..ro 2 3 i3`?6 281: 0 6 20 6 g 4 SO Sum 08 36 .1' 000000 300011, 1313 al unr. rwEGPP sEs pa ix.? 1 l t 1 1 r 'I ?r-•.Z irrC ??C - 11 ''. -. !_' !•. i+??f. E1 +,•?' a •lJ??i?? ter( r. _ - ' 1 ?L rj ?I (t i 4• t?.lZ , ?1 L .,? .?'1? 1,? ?'i i '. JIJL L? . -! J •J .? Z L .l t L V'T •J'r+JJ ! L'J 04112006- .J _? _ 0 -] 000044) FRB-PK] LA ' ?I 1 r I'll, ? j 71 f 111IV ; ? r © ` I Wd-A±'ar± c Ccrocra'c receral C-ed i ! Dior DAVID BECIROVIC ILDIJANA BECIROVIC 1672 QUAIL DR. CARLISLE, PA 17013 717-258-6735 203 14 (D i ;! 10,952 3 Date 60-8762/22' 3 Pay . 0 the kev-rrie ----- - 830 , $ ko c CORNERSTONE Federal C: edit Unior. P 0 11.1 1131.ca."Ac, P1 IWO Mt:11lo Du la1:S ty.:.. 8 ?r 1s 2 3 : ail ?6'81. 06 2069 L, SG Sne 08 30 •1'00000 40000.1' _- - L a^!f U ! i J X14 0Y?+.?? ? UJP )` -'004 80 clit oo CD ``i : T-4229 }i 'C 42 fi; ?; ?? :?='} ?g ? ? ?c,?; ?' ?1'3 t , ! • Q V3 M d-Atli^tic* v0!pora'e Fedora; C -red.* C't DAVID BECIROVIC ILDIJANA BECIROVIC 1672 CUA!L DR. CARLISLE, PA 17013 7 1 7-258-5735 Pay tote 1 ordercA N ERSTn E it, ;?iJ: 0 ± 1 100-- 19 8 2 7 '71 s. J?a `17??' ? - d Date- 60-8762123'3 k hlt: rv ----Do!rars Ll ?:: COR fcderil CredA Uniun •, P U !iox I IIt1. C..r:.-,le. PA I-,U13 A,lclll.l 3:2 3 L 38 76 281: Q6 ?C769L, 50 5?i' 08 2 ? 11'000000 20001' C1'NL =i:?EN1E `rr'r715Ci ^Y ??'.= tip ' i w4 70-QJ24 &I. rl 3?, f l J U ' ?t U , !' fl ; 1 ? - rr?? ?v:r+r ?._... T arm Mme.+.rr,1' :? v'?'?? ? 1d ?? 1 i • :? f Its ?j_V .? r - ' r ' ? 4 _ ?f13 n! - l L 0 vk • • C7.4 V? CERTIFICATE OF SERVICE i lvv 35-C) X011"C- hereby certify that 1 am on this day serving a copy of the 'e ? --, f Vupon ?j -j the person(s) and in the manner indicated below: Date: K f n _ ?? e ?? t y . . "T? _, '?'? ?^? i .- A ) ..? J ? n. ?t w r y ., w.\4 14.E T }1 .,? ? ?w? . .. V n COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Mr. Becirovic David COMPLAINT V 07-3139 Civic Term Mr. Rooney Robert 11 Ridge Drive Middlesex Pa 17013 NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: . Rooney Robert Date of Notice: Janaary 3, 2008 Cl 1 Ridge Drive Middlesex Pa 17013 58 Nelson Drive South Middleton Township Carlisle, Pa 17013 IMPORTANT NOTICE 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 JUDGMFNT 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 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 CAN AFFORD TO HIRE ALAWYER, 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 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 Dated: 0 CERTIFICATE OF SERVICE I, David Becirovic, hereby certify that I am on this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below: Service by First-Class Mail Postage Prepaid and Addressed as follows: Mr. Rooney Robert 11 Ridge Drive Middlesex Pa 17013 /Or/ 58 Nelson Drive South Middleton Township Carlisle, Pa 17013 Date: January 3, 2008 Signature: ?,,? C ` r-Jo ? w COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Mr. Becirovic David COMPLAINT V 07-3139 Civic Term Mr. Rooney Robert I 1 Ridge Drive Middlesex Pa 17013 NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: Mr. Rooney Robert Date of Notice: January 3, 2808 11 Ridge Drive Middlesex Pa 17013 -f " "%Or% 58 Nelson Drive South Middleton Township Carlisle, Pa 17013 IWORTANT NOTICE 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 JUDGMFNT 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 Dated: CERTIFICATE OF SERVICE I, David Becirovic, hereby certify that I am on this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below: Service by First-Class Mail Postage Prepaid and Addressed as follows: Mr. Rooney Robert 11 Ridge Drive Middlesex Pa 17013 /Or/ 58 Nelson Drive South Middleton Township Carlisle, Pa 17013 Date: January 3, 2008 n Signature!. J rya C-n'? ED E- ca c FARLE$\Clients\12888\12888.1.motsu ike. and. pos.wpdI Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, Pa 17013 (717) 243-3341 Attorneys for Defendant Robert Rooney DAVID BECIROVIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007-3139 ROBERT ROONEY, CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: DAVID BECIROVIC, PRO SE 1672 Quail Drive Carlisle, Pennsylvania 17013 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. MARTSON LAW OFFICES Date: January 11, 2008 y? By OJA6,&t <V Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant F.%FILES\Clients\ 1 2888\ 13888. I .mot.stnke.and.pos.wp&tde Created. 9/30/04 0 06PM Revised. 1,1li08 3115PM Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, Pa 17013 (717) 243-3341 Attorneys for Defendant Robert Rooney DAVID BECIROVIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-3139 ROBERT ROONEY, CIVIL ACTION - LAW Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Robert Rooney, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files these Preliminary Objections to Plaintiff's Complaint, pursuant to Pa.R.C.P. 1028, averring as follows: FACTUAL AND PROCEDURAL BACKGROUND 1. Plaintiff David Becirovic is an adult individual residing at 1672 Quail Drive, Carlisle, Pennsylvania 17013. 2. Defendant Robert Rooney is an adult individual residing at 11 Ridge Drive, Carlisle, Pennsylvania 17013. 3. Defendant Robert Rooney is an independent sub-contractor who operates as a salesman for Stonehouse Auto Sales, located at 7086 Carlisle Pike, Carlisle, Pennsylvania 17013. 4. On June 16, 2006, Plaintiff David Becirovic purchased a 1999 Pontiac Montana from Stonehouse Auto Sales. 5. On March 14, 2007, Plaintiff David Becirovic filed a civil complaint against Defendant Robert Rooney in Magisterial District No. 09-3-03, alleging that the Pontiac Montana he purchased from Stonehouse Auto Sales has various deficiencies and that Defendant Rooney is personally liable for repairing the alleged deficiencies or for reimbursing Plaintiff. 6. On March 26, 2007, Defendant Robert Rooney filed a Notice of Intent to Defend. 7. A hearing was held before Magisterial District Judge Susan K. Day on May 3, 2007, and judgment was thereafter entered in favor of Defendant Robert Rooney. 8. Plaintiff Becirovic filed a Notice of Appeal in the Cumberland County Court of Common Pleas on May 23, 2007. 9. Plaintiff Becirovic then filed a civil complaint in the Cumberland County Court of Common Pleas on November 28, 2007, seeking judgment in his favor and an Order of Court requiring Defendant Rooney to reimburse all costs as a result of Defendant's alleged criminal, unethical, and unprofessional behavior. 10. Defendant Rooney has been served by Plaintiff Becirovic with a Notice of Intent to Enter Default Judgment dated January 3, 2007, which Notice was subsequently filed by Plaintiff Becirovic in the Office of the Prothonotary on January 4, 2007. PRELIMINARY OBJECTIONS MOTION TO STRIKE FOR LEGAL INSUFFICIENCY IN THE NATURE OF A DEMURRER PURSUANT TO Pa.R.C.P.1028(a)(4) 11. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 12. No element of Plaintiff's Complaint avers any fact supporting a conclusion or request for relief against Defendant Rooney, and Defendant respectfully submits that to the extent the Complaint contains a prayer for relief, that claim be dismissed with prejudice. 13. Plaintiff's Complaint contains a myriad of conclusory accusations against Defendant Rooney, none of which are supported in fact or state a legal cause of action. 14. The basis of Plaintiff's Complaint appears to relate to the purchase of a 1999 Pontiac Montanta from Stonehouse Auto Sales on June 16, 2006. 15, Defendant Rooney is an independent sub-contractor who operates as a salesman for Stonehouse Auto Sales. 16. Defendant Rooneywas not a party to the sales transaction between PlaintiffBecirovic and Stonehouse Auto Sales and therefore, on its face, Plaintiff's Complaint fails to state a cause of action against Defendant Rooney. 17. Examining the Complaint in the light most favorable to Plaintiff as the non-moving party reveals that Plaintiff's Complaint fails to provide anything other than a disparate and scattered shopping list of conclusory allegations and claims, none of which are effectively supported by any well pled fact or allegation of any violation of law. 18. Accordingly, Plaintiff's Complaint should be dismissed with prejudice. WHEREFORE, Defendant Robert Rooney, respectfully requests that this Honorable Court strike Plaintiff's Complaint for legal insufficiency (demurrer) pursuant to Pa.R.C.P. 1028(a)(4). MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY PURSUANT TO Pa.R.C.P. 1028 (a)(3) 19. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 20. Plaintiff's Complaint fails to present any instance of a concise claim made through well pleaded facts that would allow Defendant or this Honorable Court to adduce the nature of the claim upon which this action is based, or to convince this Honorable Court that the averments are not merely subterfuge, and as such, Plaintiff's Complaint should be dismissed in its entirety. WHEREFORE, Defendant Robert Rooney respectfully requests that this Honorable Court strike Plaintiff's Complaint for insufficient specificity pursuant to Pa.R.C.P. 1028(a)(3). MOTION TO STRIKE FOR FAILURE TO CONFORM TO LAW OR RULE OF COURT PURSUANT TO Pa.R.C.P.1028(a)(2) 21. The averments of the proceeding paragraphs are incorporated by reference as if fully set forth herein. 22. Plaintiff's Complaint fails to conform to law or rule of court and should be stricken. 23. Plaintiff's Complaint fails to begin with a notice to defend as required by Pa.R.C.P. 1018.1. 24. Despite Plaintiff's Notice of Intent to Enter Default Judgment against Defendant Rooney, Plaintiff Becirovic cannot enter default judgment against Defendant Rooney where, as here, Plaintiff's Complaint was not endorsed with a notice to plead, and therefore Defendant is not required to file a responsive pleading pursuant to Pa.R.C.P. 1026. 25. Additionally, reviewed in its entirety, Plaintiff's Complaint violates Pa. R.C.P. 1019 (a), which states that the material facts on which a cause of action or defense is based shall be stated in a concise and summary form. WHEREFORE, Defendant Robert Rooney, respectfully requests that this Honorable Court strike Plaintiff's Complaint for failure to conform to law or rule of court pursuant to Pa.R.C.P. 1028(a)(2). MOTION TO STRIKE FOR INCLUSION OF SCANDALOUS OR IMPERTINENT MATTER PURSUANT TO PA R.C.P.1028 (a)(2) 26. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 27. Plaintiff's Complaint is liberally sprinkled with the repetitive use of conclusory accusations concerning Defendant Rooney's allegedly unethical and unprofessional behavior. 28. To liberally and repeatedly use such strong accusatory language in a pleading, which contains not one justiciable allegation of well pleaded fact supporting such conclusions, is the very epitome of obdurate and vexatious conduct, and Defendant requests that such language be stricken as scandalous and impertinent. 29. Plaintiff's Complaint contains allegations which are scandalous and impertinent and which fail to be supported by any allegation establishing any factual basis for their inclusion within the Complaint or any explanation of their relevance, and the allegations should therefore be stricken. WHEREFORE, Defendant Robert Rooney, respectfully requests that this Honorable Court strike Plaintiffs' Complaint for inclusion of scandalous and impertinent matter pursuant to Pa.R.C.P. 1028(a)(2). MARTSON LAW OFFICES By a tt??o ; 1 Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 11, 2008 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. David Becirovic 1672 Quail Drive Carlisle, PA 17013 MARTSON LAW OFFICES By Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 11, 2008 C7 ra C? a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID BECIROVIC, Plaintiff V. ROBERT ROONEY, Defendant CIVIL ACTION - LAW NO. 2007-3139 TRIAL BY JURY DEMANDED 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, 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID BECIROVIC, CIVIL ACTION -- LAW Plaintiff NO. 2007-3139 V. ROBERT ROONEY, Defendant TRIAL BY JURY DEMANDED FIRST AMENDED COMPLAINT Plaintiff, pro se, for his First Amended Complaint states: 1. Plaintiff is David Becirovic, an adult individual residing at 1672 Quail Drive, Carlisle, Pennsylvania 17013. 2. Defendant is Robert Rooney, and adult individual residing at 11 Ridge Drive, Middlesex, Pennsylvania 17013. 3. Defendant sells vehicles at Stonehouse Auto Sales located at 7086 Carlisle Pike, Carlisle, Pennsylvania 17013. 4. In approximately the last six (6) years, Plaintiff purchased the following vehicles from Defendant: a. 2001 Pontiac Grand Am for $5,259.30; b. 1998 Chevy Van Venture for $3,952.42; and c. 1999 Pontiac Van Montana for $5,065.50 (hereinafter "Montana"). A true and correct copy of said payments are attached hereto and incorporated herein as Exhibit A. 5. In approximately the last six (6) years, Plaintiff paid the Defendant the following amounts for mechanical services for the respective vehicles: a. $500.00 for the 2001 Pontiac Grand Am; b. $500.00 for the 1998 Chevy Van Venture, via cash and check; c. $2,350.00 for the 1992 Mitchibushi, via cash and check; d. $2,300.00 for the 1994 Chevy Corsica, via cash and check; and e. $1,000.00 for the Montana. 6. On or about June 16, 2006, at approximately 8 o'clock in the evening Plaintiff visited Defendant's private home. 7. While sitting at Defendant's kitchen table Plaintiff and Defendant conversed as follows, in regards to the Montana: a. Plaintiff requested a guaranty that the Montana would run for one year without any major problems; b. Defendant guaranteed that the Montana would run for one year without any major problems; c. Defendant stated that if something happened to the Montana, he would fix it; and d. Defendant further stated that the Montana did not have any problems and was safe and comfortable. 8. Plaintiff directly thereafter purchased the Montana. A true and correct copy of documentation related to said purchase is attached hereto and incorporated herein as Exhibit B. 9. Within approximately one week Plaintiff discovered the following problems with the Montana: a. an oil leak; b. the gasoline odometer was broken; c. the windshield wipers were broken; d. the automatic lock/unlock devices were broken; e. the tire compressor was broken; f. the tires needed replaced; g. the ashtray was broken; h. the check engine light was on; i. both sides of the front grille were broken; j. the battery was in poor condition; and k. the air filter was in poor condition. 10. Plaintiff addressed the problems stated in paragraph 9a-k with Defendant. 11. With respect to problem 9a Defendant responded that a. He did not have the equipment to fix this problem; and b. Only official dealers had the needed equipment. 12. With respect to problem 9b Defendant responded that a. The problem would cost $400.00 to fix; and b. Plaintiff should push the odometer when he gets gasoline and refill every 300 miles. 13. With respect to problem 9c Defendant responded by a. An initial attempt to remedy the problem in exchange for $150.00 plus a cash tip; b. A second attempt to remedy the problem in exchange for $120.00 plus a cash tip; and c. A third attempt to remedy the problem in exchange for $98.00 plus a cash tip. 14. With respect to problems 9d thru 9k, Defendant responded that a. Defendant did not have the time or the parts to fix the problems; and b. Plaintiff must take care of the problems on his own. 15. In or about December 2006, the Montana broke down. 16. On or about December 12, 2007, Plaintiff took the Montana to the Tire Expert Mechanical Service (hereinafter "Tire Expert"). 17. Tire Expert's tests revealed that the Montana had a broken head gasket. 18. Immediately thereafter the Montana was taken to Defendant's garage. 19. The Montana remained at Defendant's garage for over two weeks. 20. During that period Plaintiff used a car he borrowed from a friend. 21. Plaintiff paid Defendant $638.00 plus a cash tip for this repair. 22. When Plaintiff paid Defendant said sum, Defendant stated that the Montana was ready to be driven an additional 100,000 miles. 23. In or about March of 2007, the Montana broke down again. 24. At Plaintiffs request the Montana was towed to Defendant's home. 25. On or about March 4, 2007, at 3 o'clock in the afternoon Defendant called Plaintiff on Plaintiffs cell phone. 26. Defendant informed Plaintiff that a. the overheating of the Montana was caused by a hole in the hose; b. the repair would cost a lot of money; c. Defendant would not do the repair; and d. Plaintiff needed to remove the Montana from Defendant's property. 27. Defendant immediately hung up the phone. 28. Plaintiff attempted to call Defendant back. 29. It is believed that Defendant blocked Plaintiffs number. 30. On or about April 6, 2007, Plaintiff made arrangements to take the Montana to Expert Tire. 31. Expert Tire provided a repair estimate of approximately $2,625.80 with no guarantee. 32. At that time, Plaintiff had put approximately 4,000 miles on the Montana. 33. By the end of 2006, Plaintiff had invested over $7,000.00 into repairing the Montana. 34. In 2007, Plaintiff paid for the following repairs totaling an additional $3,800.00: a. A new engine; b. A new transmission; and c. A new heat cord. COUNT I - BREACH OF CONTRACT 35. Plaintiff realleges the allegations set forth hereof and incorporates them herein by reference as fully as though set forth herein at length. 36. Plaintiff promised Defendant that if Plaintiff purchased the Montana: a. the Montana would run for one year without any major problems; b. the Montana did not have any problems and was safe and comfortable; and c. if something happened to the Montana, he would fix it. 37. Plaintiff paid Defendant $5,065.00 for the Montana. 38. Within approximately one week Plaintiff noticed the following problems with the Montana: a. an oil leak; b. the gasoline odometer was broken; c. the windshield wipers were broken; d. the automatic lock/unlock devices were broken; e. the tire compressor was broken; f. the tires needed replaced; g. the ashtray was broken; h. the check engine light was on; i. both sides of the front grille were broken; j. the battery was in poor condition; and k. the air filter was in poor condition. 39. Defendant was unable to fix the problems set forth in Paragraph 38a, d, e, f, g, h, i, j, or k. 40. In or about December 2006 Plaintiff paid Defendant $638.00 plus a cash tip to repair a broken head gasket. 41. During the exchange of said monies Defendant promised Plaintiff that the Montana was ready for an additional 100,000 miles. 42. In or about March of 2007 the Montana had more mechanical problems. 43. Defendant refused to repair said problems. 44. As a result of Defendant's breach, Plaintiff has paid over $10,000.00 in repair costs to the Montana. WHEREFORE, Plaintiff claims damages from Defendant in an amount that does not exceed the mandatory arbitration amount plus interest, costs and any other appropriate damages. COUNT II - FRAUD/MISREPRESENTATION 45. Plaintiff realleges the allegations set forth hereof and incorporates them herein by reference as fully as though set forth herein at length. 46. Defendant misrepresented the following information to the Plaintiff: a. the Montana would run for one year without any major problems; b. the Montana did not have any problems and was safe and comfortable; and c. if something happened to the Montana, he would fix it. 47. The aforementioned misrepresentations were material to the sale as: a. the van was being purchased to transport Plaintiff's family; and b. Plaintiff was concerned about current and future costs concerning the vehicle. 48. Defendant knew or should have known that the information presented was false as Plaintiff noticed the following problems within approximately one week: a. an oil leak; b. the gasoline odometer was broken; c. the windshield wipers were broken; d. the automatic lock/unlock devices were broken; e. the tire compressor was broken; f. the tires needed replaced; g. the ashtray was broken; h. the check engine light was on; i. both sides of the front grille were broken; j. the battery was in poor condition; and k. the air filter was in poor condition. 49. It is believed and therefore averred that Defendant made said misrepresentation with the intent to induce Plaintiff into purchasing the Montana. 50. Plaintiff justifiably relied on Defendant's misrepresentations as Plaintiff: a. Paid the purchase price directly following said representations; b. Signed the necessary documents directly following said representation; and c. Trusted Defendant due to prior dealings with him. 51. As a proximate result of Plaintiffs misrepresentations, Defendant has paid over $10,000.00 in repair costs to the Montana. WHEREFORE, Plaintiff claims damages from Defendant in an amount that does not exceed the mandatory arbitration amount plus interest, costs and any other appropriate damages. 1672 Quail Drive Carlisle, PA 17013 Pro Se Plaintiff VERIFICATION 1, David Becirovic, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: 0,11 `'' 1 60? CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the First Amended Complaint, upon the following person, in the manner indicated: First Class Mail: Hubert X. Gilroy, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 DATE: David Becirovic, Pro Se Plain o V ?"t EXHIBIT A Mid-Adam c Corporate Federal Cred t :;n':on • CORNERSTONE U21389 Federal Credit Union No. P.O. WX 1161 CARLISM Pa 17013 2313 Afemberjounded-S"Wesbaled. Price Nwjl v.M%ft CIP"Aa 4aerOrm4 JIM PON=" "° Y- t+ l ONLY *****5,259 DOLLARS AND 30 CENTS ; ? J *****5, 259. 3Q PAY: 1 DAVID BECIROVIC CHECK DATE 03/10/2006 TOM OR STONE HOUSE AUTO SALES CHECK NO. 21399 GROM of ft. , . tim "100021389u• 1:231313?5501:1'23138?6280&3u' 11'0000 5 2 59 30r' -, "9_ . . ABA T ? n C ?i6J 1332767 D3142006 >D31000040 FRB-PHJLA j Ft7-4250 TRC?425C) PK=09 II! c R 9 ? S e ?? 13AX . ur r m e?? ? ant 17046 >031312123t a , T ' i ,r L v r R• c ?`: A Z2 i t i i • 1 / 0?) C7 r.e.1 1 17 983 3430 MID ATLC%TIC a004 CORNERSTONE federal Credit Union P 0.801t 1111 CARUSLE, PA 17013 2313 Membwfown&d- &v*c baw. :wm*f-v.6% 01"4 7nri Gr111Ar? ' ONLY OWLARG ACID 42 PAY DAVID 3=11tOV1C ouo'? OA CORNENGTONE FEDERAL CRBDIT or ACCT"945-42 Na• 017957 ?OOd4 CEN76 , $ *****39952.,4 CHECK DATE G3/"/M4 CHECK NO. 17957 0000&?95?u' l:23i387550':"23i38 76 280 1 3r 000003952u2e Vc!0-45400+1659 VOIDab! 38120,2921!887953 UDI:OtcO10000001p26ae4Ode2d00006ba'OOOQ 'FikNarm:00000001.TIF i F~421519796 RroOrdNurn;23676 j M:On390a000O9400c*% -Tracer.11113076 t ? m 5 ? p ti 1 212004 ]000040 F88-pv ILA ;i'! *4065 TBC44064 P>C=21 ;Q % ro i Index XO V010-404004669 VaPsW 36128.2928 587963 UD1:0n010000001 b26&*"da2d=08ba 1 Q000 'FilsNama:00000001.T1F 0(j? 421019798 zlsteaso Q 1=4 aeerdNun1:Z3876 f TOKEN:O>t394a0D000400cefe f Traoar:1111 0?8 Image • Page 1 of] ru4 t C V`, U . ?!,,` J -t. CORNERSTONE 020104 Federal Credit Union Ho, JPO BOX list CRLISILE PA M113 2313 W mbf,)bux& d - Stmt AW ONLY *****5,065 DOLLARS AND 50 CENTS j $ *****St 865. `?? ? j t TO THE DAVID BECIROVIC CHECK DATE 06/16/2066 p OR STONE HOUSE AUTO SALES CHECK NO. 20104 + OOO t0 i04?' ': 2 3 i 38 ? S SO1:1' 2 3 i 38 ?G 28C if 3bI x'0000 S05 5 5000 0M- a a rr 9 n 062020065 0310=40 FR9-PH1LA o EMT=3998 TPC=3977 PK=09 } c ? ? l1 L,ii%jb MAK _ < n rtlwa 1nG?:•wG' J WdV?i .1lJ T10=2 PMA 1 1 J1 el e-J k lid 6 Print Close `V 1 i - hens: ?'t??11.1111(?AiLlnTit`c nrn nro Phn« niv 1 1 ,? i•ra??..t:.... 1 -,.,.. - i....... ..._..•1..1. C. !11 $ EX"irf B ? NEW ?,,/ PURCHASE ORDER FOR TITLE NAME D E or L USED YR MAKE ? DEMO El CAR El TRUCK BRAND / ,...F. .? .. MODEL TYPE C COLOR t ?. TRIM .__._. MILEAGE STR - - _ CITY _ STATE i - ` ZIP S OCK NO. . - '- - -? ... . `?,. SALESMAN :.. ,. ?' TO BE DELIVERED UN uR ABOUT 1 I PHO E HONE .t _ _ R ES. BUS a - 20 ' . ..? / YR. MAKE -rRADE APPLIC MODEL ABLE PRICE OF VEHICLE [ y f TYPE l COLOR TRIM MILEAGE TITLE NO. PLATE NO. EXP. DATE , OWNER LOAN # LIENHOLDER PHONE ADDRESS SPOKE WITH AMOUNT GOOD TILL VERIFIED BY I NSURANCE INFORMA TION F EXTENDED TYPE ! .? WARRANT OpAGEN? PHO Y MONTHS MILES ?R Cash Price of Vehicle & Accessories 6 / COLLISION DEDUCTIBLE REGISTR T Sales Tax INS NCE J A ION TITLE TRANySFER ENCUMBRANCE ` C ?' _. ? COPYATTACHED Documentary Fe@ EFFECTIVE DATE EXP. DATE VERIFIED BY J r 1 Messenger Fee ? W ARRANTY I NFORMAT ION Notary Fee/ ? FACTORY WARRANTY -The factory warranty constitutes all of the warranties with respect to the sale of this ' " • ' itemfdems. The seller hereby expressly disclaims all warranties, either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose, and the seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of this itemfitems. ? USED CAR WARRANTY - Used car is covered by a limited warranty detailed in a separate document. AS IS - This motor vehicle is sold "AS IS" without any warranty either expressed or implied. The purchaser will bear the entire ex 7,1 of repairing or oorrecling any detect that presently exists or that may occur in the vehicle. Total Price PURCHASE 'S.., SIGNATURE Trade-in USED CAR-,6ONTRACTUAL DISCLOSURE STATEMENT • Payoff Amount Less Payoff' THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS Is Subject To VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE Venhcation Net Trade In WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE TRA T F S Deposit If you cancel this purchase agreement or refuse to take delivery of the vehicle • ordered, except as permitted by law, you shall, at our option, forfeit as damages Cash on Delivery the amount of $ PURCHASER'S Net + Deposit + Cash on SIGNATURE X trade Delivery = Total Down Payment Purchaser hereby acknowledges to the above clause. Unpaid Balance of Total Price Purchaser agrees that this order includes all of the terms and conditions on both the face and reverse side hereof, that this order cancels and supersedes any t4 r agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the subject matters covered eby. This order shall not become binding until accepted by the dealer or his authorized representative You. the buyer may cancel this contract and re aivc full rWMnd any time. tefore r f a copy of i authorized, repregionIgtive by giving wd1ten notice _QLgancellation to.lhg dealer. Purchaser by his execution of this order acknowledges that he has read it terms and conditions and has received a true copy of this order. ;f RSIGNATURE S ? DATE j ;'%,! ACCEPTED BY ;"`1... .I1_ L l r rrr 10. m e ?, 0 G 1 . (5-00) TAX/FEES A PA TITLE NUMBER (AS SHOWN ON ATTACHED TITLE) MAKE OF VEHICLE MODEL YEAR PURCHASE f . w W - -I `- PRICE (See rate on reverse) t; ¦ I 3 w ? VEHICLE IDENTIFICATION NUMBER CONDITION LESS L .j / rl i n .,1 9 .i ? GOOD El FAIR ? POOR TRADE-IN ¦ ¦ B LAST NAME (OR FULL BUSINESS NAME) FIRST NAME MIDDLE INITIAL TAXABLE ' . AMOUNT r r r ? ¦ ' ` ¦ N CO SELLER T. Sales Tax Due x 6% (_06) or ¦ x7% 07 See note on reverse), ¦- -. r'` C LAST NAME (OR FULL BUSINESS NAME) FIRST NAME MIDDLE INITIAL DATE ACQUIRED/ Rea o m?e (must ;.. PURCHASED -" t f be a number from t r t s to 23 or 0) 1B Secmd Assignment CO-PURCHASER 1B First Assignment W y STREET COUNTY CODE R F f 7 2. Title Fee CITY 9 STATE ZIP CODE REFER TO COUNTY CODES , tt tt LISTING ON REVERSE SIDE ' t t' ' i f I J F INK COPY i / 3. Lien Fee ` i .,. t O P } r J`f : ¦ ¦ D BUSINE ME) FIRST NAME MIDDLE INITIAL DATE ACQUIRED/ LAST NAME (OR FULL 4. Registration or . PURCHASED Processing Fee CO-PURCHASER Fee Exempt Number = as assigned by the Bureau STREET COUNTY CODE 5. Duplicate Reg. a Fee o a No. of Canis ¦ ¦ Z o = ; CITY STATE ZIP CODE REFER TO COUNTY CODES - v e LISTING ON REVERSE SIDE 6. Transfer Fee } ' ` OF PINK COPY ... ¦ - ¦ E MAKE OF VEHICLE VEHICLE IDENTIFICATION NUMBER 7. Increase Fee w W MODEL YEAR PE (CP, TK, E TC.) CONDITION S. Replacement ? ? ? Fee POOR FAIR GOOD ¦ ¦ F. ORIGINAL PLATE ? Check One F-1 TRANSFER OF PREVIOUSLY ISSUED PLATE TOTAL PAID 9' 10. ? PLATE TO BE ISSUED BY ? TRANSFER & RENEWAL OF PLATE (Add 1 thru 8) BUREAU (PROOF OF IN- ? TRANSFER & REPLACEMENT OF PLATE Send One SURANCE MUST BE AT- TACHED.) ? TRANSFER OF PLATE & REPLACEMENT OF STICKER I I.GRAND TOTAL (Add 9 & 10) Check in This Amount y ¦ ? EXCHANGE PLATE TO BE PLATE - , NO ` REASON FOR REPLACEMENT ISSUED BY BUREAU . ! - Lo Y ?LOST ? DEFACED ? STOLEN s LL ? TEMPORARY PLATE ISSUED BY FULL AGENT EXPIRES ?+ p? "? . Month i : d Year ?}.,,x {y? NEVER RECEIVED (LOST IN MAIL) NOTE: If "NEVER RECEIVED" block is checked applicant must complete Form MV-44. Z r- VIN TIT1 N4 SFERRED FROM TRAt o - " ` } ! g j I ,.- , x? a-. I * h ? s l, ', - •-' f -.-11.,? ..F i.?+l_ y ' t is SIGNATURE OF PERSON FROM SIGN HERE RELATIONSHIP TO APPLICANT $ ¢ TEMP. PLATE NO. WHOM PLATE IS BEING TRANS- FERRED (IF OTHER THAN APPLICANT) VEHICLE PURCHASED GVWR WEIGHT INFO. UNLADEN WEIGHT REQ. REG. GROSS WT. INCLUDING LOAD REQ. REG. GROSS COMB. WT. (IF APPLICABLE) IF APPLICABLE INSURANCE COMPANY NAME ? - POLICY NO. (OR r POLICY EFFECTIVE; ATTACH BMI ER) I j DATE POLICY XPIRATION J t DATE . , ` a _ I CERTIFY THAT ON MONTH i DAY YEAR \ ! ISING AGENT (PAINT NAME) AGENT, NO ! ISSUING HIC in - .4 SURED AND' TTE V E I HAVE CHECKED TO DETERMINE THA AGENT MFOR- ISSUED TEMPORARY REGISTRATION TO THE ABOVE APPLICANT, IN ISSUINL; 4 E $I?ijJATURE TELEPHONE NO. - . ?: COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE VEHICLE CODE MATION L - ( 1 ' t1 }( - r L? . AND DEPARTMENT REGULATIONS. A _ C7 I/WE CERTIFY THAT I/WE HAVE EXAMINED AND SIGNED THIS FORM AFTER ITS COMPLETION AND THAT THF'INFOflMAnON GIVEN IS TRUE AND CORRECT. IF AN EXEMPTION A ' . CKNOWLEDGE THAT I/WE MAY LOSE MY/OUR OPERATING ]/WE IS CLAIMED, THE PURCHASER FURTHER CERTIFIES THAT HE/SHE IS AUTHORIZED TO CLAIM THIS EXEMPTION. PRIVILEGE(S) OR VEHICLE REGISTRATION(S) FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY ON THE CURRENTLY REGISTERED VEHICLE FOR THE PERIOD OF REGISTRATION. I/W E ACKNOWLEDGE THAT I/WE MAY BE SUBJECT TO A FINE NOT EXCEEDING $5,000 AND IMPRISONMENT OF NOT MORE THAN TWO YEARS FOR ANY FALSE STATEME _ THAT VWE MAKE ON THIS FORM. Signature of First Purchaser. or Authorized Signer TELEPHONE NUMBER Signature of Seller k 1ST 0 ASSIGN SIG Sigrhature of Co-Purchaser/Title of Authorized Signer Signature of Co-Seller MENT U Signature of Second Purchaser or Authorized Signer TELEPHONE NUMBER Signature of Seller 2ND ( ) ASSIGN- MENT Signature of Co-Purchaser/Title of Authorized Signer Signature of Co-Seller H. Z NOTE: If a co-purchaser other than your spouse is listed and you want the title to be listed as "Joint Tenants With F Right of Survivorship" (On death of one owner, title goes to surviving owner.) CHECK HERE ?. Otherwise, the title Ogg will be issued as "Tenants in Common" (On death of one owner, interest of deceased owner goes to his/her heirs or Z 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 MV-IL. H your registration documents are not received within 90 days, please contact PennDOT 3. APPLICANTS COPY/TEMPORARY REGISTRATION (VALID FOR 90 DAYS) MESSENULK NUMtftli: Below is a list of some major defects that may occur in used motor "- France & Body Brake System Frame -- cracks corrective welds, or rusted through Failure warning light broken Dogtracks - belt or twisted frarne Pedal not firm under pressure (DOT specs.) Not enough pedal reserve (DOT specs.) Engine Does not stop vehicle in straight line (DOT specs.) Oil leakage, excluding normal seepage (loses 'damaged Cracked block or heat! ;Drum or rotor too thin (Mfgr. specs.) Belts n i SSing c. `1u 0perat i i oing ur pad -'ri"kness lei ray, i{ ,UCk its a ,annshaft Titer iodt ` Wit? cq,.y ,rl+?:C lz_e 1 Toc rip p p6- ;y .:: °ee q Trap nissio4 & Drive Shaft In lprop 'luid i. del ca- leaf ge, excluding normal seepage Visible a .rur. ?!sr n,? c ,e faulty 1ranen Iasi€m >r chive uric fi ii) i,4y gear P?lanua i_rcr`I ? p :r i;u i ?-:, Differential improPer ;rrii < i !v,-r -xciudi'r-g normal seepage Cracked ar dar 'h& !t; visible sly la,'-tvaitfe cooling .a? In Leakage InClll (?,f t,; :IG!S,I Or Improperly functioning water purnp tElectricai System )artery leakage N;' properly functioning alternator, generator, battery, or starter Fuel sys'te n Visible leakage Inoperabie Accessories Gauges or warning devices Airconditioner Neater and Defroster n DEALER ADDRESS FOR COMPLAINTS Free play in Irnkage more than inch Steering gear binds or jarns Front wheel aligned irnpropr, (DC)7F specs.) Power Ut" 1 " (* r`IaCk" C Power 1 iM hjK1 jp?lPl Dorf ; Transmission & Drive Shaft Improper fluid le,rel or leakacre ?4- l,i fir-, orr a ,eerlage. Cracked or damaged case , i I if? ;e Abnormal ; ioise or vibration cap.: y aansmissior: or drive shaft Improper shifting o r_Inchon';nq =n = ?'ar Manual clLtci4 clips or chatters :suspension System Ball joint seals damaged Structural p,,rl,: be nt r cl^m x7erl Stabilizer bar .y<;connected Spring broken Shock absorber mounting loose Rubber bushings damaged or rnissin_? Radius rod damaged or missing Shock absorber leaking or functioning jmprc,iperl / Fires Tread dept;, less ban z' inch Sizes mismatched Visible damage Wheels Visible cracks, damage or repairs Mounting bolts ioose or missing Exhaust System Leakage '` of the Buyers Guide at the closing of this sale. SIGNATURE DATE Ili POFC 1NT: Th it ormation on this form is part of any contract to buy this vehicle. Removal of this label before consumer urchase (except for purpose of test-driving) is a violation of federal law (t5 C. F. R. 455). BUYERS GUIDE IMPORTANT: Spoken promises are difritmlt to enforce. Ask the dealer to put all promises in writing. Keep this form. t ._. `R t r k VEHICLE MAKE MODEL YEAR VIN NUMBER DEALER STOCK NUMBER PpoonaQ WARRANTIES FOR THIS VEHICLE: AS IS - NO WARRANTY YOU WILL PAY ALL COSTS FOR ANY REPAIRS. The dealer assumes no responsibility for any repairs regardless of any oral statements about the vehicle. ? WARRANTY ? FULL (YLIMITED WARRANTY. The dealer will pay *WAa/o of the labor and *WA% of the parts for the covered systems chat fail during the warranty period. Ask the dealer for a copy of the warranty document for a Ad explanation of warranty coverage, exclusions, and the dealer's repair obligations. Under state law, "Implied warranties" may give you even more rights. SYSTEMS COVERED: Deductible: (check one) DURATION: ? $50 ? $1001'200 ? $60 ? $200 ? $100 Covered systems are irdicated by marked ENGINE ER B=Dr?ION COOLING SYSTEkt- ELECTRICAL STEERING SUSPENSION box(es) and details of MONTHS ooverdges are specified a fi ty contract. -? )`1}?edler for a } { ` COPY tt -7anty Ml ES related 1 . whichever ? TURBO/SUPERCHARGER comes first 1 ? CONTRACT. A service contract is available at an extra charge oiis vehic coverage, dedc?le, prig, and exclusions. If you buy a service a \ d of time of sale, state law "kr?ied warranties" may give you addition&lu l PRE-PURCHASE INSPECTION; ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE\ INSPEC ' BY YOUR MECHANIC EITHER ON OR OFF THE LOT. SEE THE BACK OF THIS FORM for important additional information, including a list of some major defects that may occur in used motor vehicles. G-BG FORM 92598 THIS VEHICLE IS SOLD WITHOUT ANY WARRANTY. THE PURCHASER WILL BEAR THE ENTIRE EXPENSE OF REPAIRING OR CORRECTING ANY DEFECTS THAT PRESENTLY EXIST AND/OR MAY OCCUR IN THE MOTOR VEHICLE UNLESS THE SALESPERSON PROMISES IN WRITING TO CORRECT SUCH DEFECT OR PROMISES IN WRITING THAT CERTAIN DEFECTS DO NOT EXIST. Cust rlier Signature er nature Lynn Palmer's Auto Dealers Supplies 1-800-366-2141 www.dealergoodies.com l\ C.) ra c» .' n7 F.\FILES\CIicnts\12888\12888A po.amcndcd.com.wpd1 Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, Pa 17013 (717) 243-3341 Attorneys for Defendant Robert Rooney DAVID BECIROVIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-3139 ROBERT ROONEY, CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: DAVID BECIROVIC, PRO SE 1672 Quail Drive Carlisle, Pennsylvania 17013 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. MARTSON LAW OFFICES By ;KiKe'rt X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 5, 2008 Attorneys for Defendant F-.\FILES\Clients\12888\12888. i.po.amended.com.wpd/tde Created. 920/04 0.06PM Revised 2/5/08 8 40AM Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, Pa 17013 (717) 243-3341 Attorneys for Defendant Robert Rooney DAVID BECIROVIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-3139 ROBERT ROONEY, CIVIL ACTION - LAW Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND NOW, comes Defendant, Robert Rooney, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files these Preliminary Objections to Plaintiff s First Amended Complaint, pursuant to Pa.R.C.P. 1028, averring as follows: FACTUAL AND PROCEDURAL BACKGROUND 1. PlaintiffDavid Becirovic is an adult individual residing at 1672 Quail Drive, Carlisle, Pennsylvania 17013. 2. Defendant Robert Rooney is an adult individual residing at 11 Ridge Drive, Carlisle, Pennsylvania 17013. 3. Defendant Robert Rooney is an independent sub-contractor who operates as a salesman for Stonehouse Auto Sales, located at 7086 Carlisle Pike, Carlisle, Pennsylvania 17013. 4. On June 16, 2006, Plaintiff David Becirovic purchased a 1999 Pontiac Montana from Stonehouse Auto Sales. 5. On March 14, 2007, Plaintiff David Becirovic filed a civil complaint against Defendant Robert Rooney in Magisterial District No. 09-3-03, alleging that the Pontiac Montana he purchased from Stonehouse Auto Sales has various deficiencies and that Defendant Rooney is personally liable for repairing the alleged deficiencies or for reimbursing Plaintiff. 6. On March 26, 2007, Defendant Robert Rooney filed a Notice of Intent to Defend. 7. A hearing was held before Magisterial District Judge Susan K. Day on May 3, 2007, and judgment was thereafter entered in favor of Defendant Robert Rooney. 8. Plaintiff Becirovic filed a Notice of Appeal in the Cumberland County Court of Common Pleas on May 23, 2007. 9. Plaintiff Becirovic then filed a civil complaint in the Cumberland County Court of Common Pleas on November 28, 2007, seeking judgment in his favor and an Order of Court requiring Defendant Rooney to reimburse all costs as a result of Defendant's alleged criminal, unethical, and unprofessional behavior. 10. Defendant Rooney was served by Plaintiff Becirovic with a Notice of Intent to Enter Default Judgment dated January 3, 2007, which Notice was subsequently filed by Plaintiff Becirovic in the Office of the Prothonotary on January 4, 2007. 11. Defendant Rooney filed Preliminary Objections to Plaintiff's Complaint on January 11, 2008. 12. In response to Defendant Rooney's Preliminary Objections, Plaintiff Becirovic filed a First Amended Complaint on January 30, 2008. PRELIMINARY OBJECTIONS MOTION TO STRIKE FOR LEGAL INSUFFICIENCY IN THE NATURE OF A DEMURRER PURSUANT TO Pa.R.C.P. 1028la)(4) 11. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 12. No element of Plaintiff's First Amended Complaint avers any fact supporting a conclusion or request for relief against Defendant Rooney, and Defendant respectfully submits that to the extent the Complaint contains a prayer for relief, that claim be dismissed with prejudice. 13. Plaintiff's First Amended Complaint contains a myriad of conclusory accusations against Defendant Rooney, none of which are supported in fact or state a legal cause of action. 14. The basis of Plaintiff's First Amended Complaint appears to relate to the purchase of a 1999 Pontiac Montanta from Stonehouse Auto Sales on June 16, 2006. 15. Defendant Rooney is an independent sub-contractor who operates as a salesman for Stonehouse Auto Sales. 16. Defendant Rooney was not a party to the sales transaction between Plaintiff Becirovic and Stonehouse Auto Sales and therefore, on its face, Plaintiff's First Amended Complaint fails to state a cause of action against Defendant Rooney. 17. Examining the First Amended Complaint in the light most favorable to Plaintiff as the non-moving party reveals that Plaintiff's First Amended Complaint fails to provide anything other than a disparate and scattered shopping list of conclusory allegations and claims, none of which are effectively supported by any well pled fact or allegation of any violation of law. 18. Accordingly, Plaintiff's First Amended Complaint should be dismissed with prejudice. WHEREFORE, Defendant Robert Rooney, respectfully requests that this Honorable Court strike Plaintiff's First Amended Complaint for legal insufficiency (demurrer) pursuant to Pa.R.C.P. 1028(a)(4). MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY PURSUANT TO Pa.R.C.P. 1028 (a)(3) 19. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 20. Plaintiff's First Amended Complaint fails to present any instance of a concise claim made through well pleaded facts that would allow Defendant or this Honorable Court to adduce the nature of the claim upon which this action is based, or to convince this Honorable Court that the averments are not merely subterfuge, and as such, Plaintiff's First Amended Complaint should be dismissed in its entirety. WHEREFORE, Defendant Robert Rooney respectfully requests that this Honorable Court strike Plaintiff's First Amended Complaint for insufficient specificity pursuant to Pa.R.C.P. 1028(a)(3). MARTSON LAW OFFICES By \' _"/ ubert X. Gilro , Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 5, 2008 Attorneys for Defendant CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. David Becirovic 1672 Quail Drive Carlisle, PA 17013 MARTSON LAW OFFICES By ? IJ?UlUL Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 5, 2008 c7 N c _- m C) t ' t ` ?T G7 rti - ? a ? - L 'y w U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID BECIROVIC, Plaintiff V. ROBERT ROONEY, Defendant CIVIL ACTION - LAW NO. 2007-3139 TRIAL BY JURY DEMANDED 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, 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-248-31+68 1-800480-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID BECIROVIC, CIVIL ACTION - LAW Plaintiff NO. 2007-3139 V. - ROBERT ROONEY, Defendant TRIAL BY JURY DEMANDED SECOND AMENDED COMPLAINT Plaintiff, pro se, for his Second Amended Complaint states: 1. Plaintiff is David Becirovic, an adult individual residing at 1672 Quail Drive, Carlisle, Pennsylvania 17013. 2. Defendant is Robert Rooney, an adult individual residing at 11 Ridge Drive, Middlesex, Pennsylvania 17013. 3. Defendant provides automotive repair services at his residence. 4. Plaintiff had used Defendant's services on several occasions in the past and had referred many people in need of auto repairs to Defendant. 5. On or about June 16, 2006, Defendant purchased a 1999 Pontiac Van Montana (hereinafter "Montana") from Stonehouse Auto Sales for $5,065.50. 6. Before purchasing the Montana, Plaintiff requested a guarantee that the Montana would run for one year without any major problems. 7. Defendant advised the Plaintiff that the Montana would run for one year without any major problems, if something happened to the Montana Defendant would fix it, and that the Montana did not have any problems and was safe and comfortable. 8. Based in large part on the representations of Defendant and the trust developed over their years of working together, Plaintiff purchased the Montana. 9. In or about December 2006, the Montana broke down. 10. On or about December 12, 2007, the Montana was taken to Defendant's garage. 11. The Montana remained at Defendant's garage for over two weeks. 12. Upon completion of the repairs, Defendant charged Plaintiff $639.00 for Defendant's services which included: a. Windshield wiper part b. Head gasket set c. Belt tensioner d. Spark plugs e. Antifreeze f. Machine shop 9- Labor 13. Plaintiff paid Defendant $639.00 plus a cash tip for the repair services. 14. Plaintiff paid Defendant over $230.00 for repeated attempts to repair Plaintiffs windshield wiper. 15. In or about March of 2007, the Montana broke down again. 16. The Montana was towed to Defendant's home. 17. On or about March 4, 2007, at 3 o'clock in the afternoon Defendant called Plaintiff on Plaintiffs cell phone to inform Plaintiff that a. the overheating of the Montana was caused by a hole in the hose; b. the repair would cost a lot of money; c. Defendant would not do the repair; and d. Plaintiff needed to remove the Montana from Defendant's property. 18. Defendant immediately hung up the phone. 19. Plaintiff attempted to call Defendant back. 20. In an effort to avoid the Plaintiffs calls, it is believed that Defendant blocked Plaintiffs number. 21. On or about April 6, 2007, Plaintiff had the Montana removed from Defendant's property. 22. Plaintiff, needing to have his vehicle repaired, brought his vehicle to Expert Tire in Carlisle. 23. Upon inspection by an agent of Expert Tire it was revealed that there was transmission fluid and coolant in the engine. 24. It is believed and averred that the existence of transmission fluid and coolant in the engine was caused by an act or an omission of the Defendant. 25. It is believed and averred that the existence of transmission fluid and coolant into the engine caused the following damages and costs related to Plaintiff's Montana: a. Heat Hose, $311.91; b. ignition, $123.99; C. Transmission, $1,960.01; and d. Engine, $1,900.00. COUNT 1- NEGLIGENCE 26. Plaintiff realleges the allegations set forth hereof and incorporates them herein by reference as fully as though set forth herein at length. 27. Defendant had a duty to provide services and to make repairs in a workmanlike manner as others providing automotive repair services in the area would. 28. It is believed and averred that Defendant, by an act or omission, failed to make the repairs to the vehicle in a workmanlike manner. 29. Said failure constituted a breach of Defendants duty to repair the Montana in a workmanlike manner. 30. As a direct and proximate result of Defendants act or omission, the engine, transmission, ignition and heat cord of the Montana were severely damaged. 31. As a direct and proximate result of Defendants act or omission, the Plaintiff suffered a loss of $5,164.91. WHEREFORE, Plaintiff claims damages from Defendant in an amount that does not exceed the mandatory arbitration amount plus interest, costs and any other appropriate damages. I itted, David Becir is 1672 Quail Drive Carlisle, PA 17013 Pro Se Plaintiff VERIFICATION 1, David Becirovic, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Dated: David Becirovic CERTIFICATE OF SERVICE 1 hereby certify that I have on this day served a true and correct copy of the Second Amended Complaint, upon the following person, in the manner indicated: First Class Mail: Hubert X. Gilroy, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 DATE: ( h'VY1- e- ' David BecWvic, Pro Se Plaintiff ff 7-1 i? _ 3 ?" 1 FARLES\Chmu112888 Rooney\12888.1.po.second.amended.com.wpol Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, Pa 17013 (717) 243-3341 Attorneys for Defendant Robert Rooney DAVID BECIROVIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007-3139 ROBERT ROONEY, CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: DAVID BECIROVIC, PRO SE 1672 Quail Drive Carlisle, Pennsylvania 17013 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. MARTSON LAW OFFICES By Heberty. Gilroy, Esquire I.D. N6.29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 2, 2008 Attorneys for Defendant FAFILEWhents\12888 Rooney\12888.1.po.second.amended.com.wpdhde Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, Pa 17013 (717) 243-3341 Attorneys for Defendant Robert Rooney DAVID BECIROVIC, Plaintiff VS. ROBERT ROONEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3139 CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NOW, comes Defendant, Robert Rooney, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files these Preliminary Objections to Plaintiff's Second Amended Complaint, pursuant to Pa.R.C.P. 1028, averring as follows: FACTUAL AND PROCEDURAL BACKGROUND 1. PlaintiffDavid Becirovic is an adult individual residing at 1672 Quail Drive, Carlisle, Pennsylvania 17013. 2. Defendant Robert Rooney is an adult individual residing at 11 Ridge Drive, Carlisle, Pennsylvania 17013. 3. Defendant Robert Rooney is an independent sub-contractor who operates as a salesman for Stonehouse Auto Sales, located at 7086 Carlisle Pike, Carlisle, Pennsylvania 17013. 4. On June 16, 2006, Plaintiff David Becirovic purchased a 1999 Pontiac Montana from Stonehouse Auto Sales. 5. Plaintiff David Becirovic purchased the 1999 Pontiac Montana from Stonehouse Auto Sales "As Is - No Warranty." A copy of the warranty documentation is attached hereto as Exhibit "A." 6. Defendant Rooney did not provide Plaintiff Becirovic with any verbal or written guarantees as to the present or future condition of the 1999 Pontiac Montana prior to or after Plaintiff's purchase of the vehicle. 7. On March 14, 2007, Plaintiff David Becirovic filed a civil complaint against Defendant Robert Rooney in Magisterial District No. 09-3-03, alleging that the Pontiac Montana he purchased from Stonehouse Auto Sales has various deficiencies and that Defendant Rooney is personally liable for repairing the alleged deficiencies or for reimbursing Plaintiff. 8. On March 26, 2007, Defendant Robert Rooney filed a Notice of Intent to Defend. 9. A hearing was held before Magisterial District Judge Susan K. Day on May 3, 2007, and judgment was thereafter entered in favor of Defendant Robert Rooney. 10. Plaintiff Becirovic filed a Notice of Appeal in the Cumberland County Court of Common Pleas on May 23, 2007. 11. Plaintiff Becirovic then filed a civil complaint in the Cumberland County Court of Common Pleas on November 28, 2007, seeking judgment in his favor and an Order of Court requiring Defendant Rooney to reimburse all costs as a result of Defendant's alleged criminal, unethical, and unprofessional behavior. 12. Defendant Rooney was served by Plaintiff Becirovic with a Notice of Intent to Enter Default Judgment dated January 3, 2007, which Notice was subsequently filed by Plaintiff Becirovic in the Office of the Prothonotary on January 4, 2007. 13. Defendant Rooney filed Preliminary Objections to Plaintiffs Complaint on January 11, 2008. 14. In response to Defendant Rooney's Preliminary Objections, Plaintiff Becirovic filed a First Amended Complaint on January 30, 2008. 15. Defendant Rooney filed Preliminary Objections to Plaintiffs First Amended Complaint on February 5, 2008. 16. In response to Defendant Rooney's Preliminary Objections, Plaintiff Becirovic filed a Second Amended Complaint on June 11, 2008. PRELIMINARY OBJECTIONS MOTION TO STRIKE FOR LEGAL INSUFFICIENCY IN THE NATURE OF A DEMURRER PURSUANT TO Pa.R.C.P.1028(a)(4) 17. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 18. No element of Plaintiffs Second Amended Complaint avers any fact supporting a conclusion or request for relief against Defendant Rooney, and Defendant respectfully submits that to the extent the Complaint contains a prayer for relief, that claim be dismissed with prejudice. 19. Plaintiffs Second Amended Complaint contains a myriad of conclusory accusations against Defendant Rooney, none of which are supported in fact or state a legal cause of action. 20. The basis of Plaintiff s Second Amended Complaint appears to relate to the purchase of a 1999 Pontiac Montanta from Stonehouse Auto Sales on June 16, 2006. 21. Defendant Rooney is an independent sub-contractor who operates as a salesman for Stonehouse Auto Sales. 22. Defendant Rooney was not a party to the sales transaction between PlaintiffBecirovic and Stonehouse Auto Sales and therefore, on its face, Plaintiffs Second Amended Complaint fails to state a cause of action against Defendant Rooney. 23. Examining the Second Amended Complaint in the light most favorable to Plaintiff as the non-moving party reveals that Plaintiffs Second Amended Complaint fails to provide anything other than a disparate and scattered shopping list of conclusory allegations and claims, none of which are effectively supported by any well pled fact or allegation of any violation of law. 24. Accordingly, Plaintiffs Second Amended Complaint should be dismissed with prejudice. WHEREFORE, Defendant Robert Rooney, respectfully requests that this Honorable Court strike Plaintiffs Second Amended Complaint for legal insufficiency (demurrer) pursuant to Pa. R.C.P. 1028(a)(4). MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY PURSUANT TO Pa.R.C.P. 1028 (a)(3) 25. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 26. Plaintiff's Second Amended Complaint fails to present any instance of a concise claim made through well pleaded facts that would allow Defendant or this Honorable Court to adduce the nature of the claim upon which this action is based, or to convince this Honorable Court that the averments are not merely subterfuge, and as such, Plaintiffs Second Amended Complaint should be dismissed in its entirety. WHEREFORE, Defendant Robert Rooney respectfully requests that this Honorable Court strike Plaintiffs Second Amended Complaint for insufficient specificity pursuant to Pa.R.C.P. 1028(a)(3). MARTSON LAW OFFICES By Hubert X. ' roy, Esquire I.D. No. 943 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 2, 2008 Attorneys for Defendant VERIFICATION The foregoing Preliminary Objections are based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Robert Rooney ?A -CLEDPAPER RECYCLABLE BUYERS GUIDE IMPORTANT: Spoken promises are dfMlcult to enforce . Ask ilhe c alsr to put all promises in writing. Keep this form. VEHICLE MAKE MODEL YEAR VIN NUMBER DEALER STOCK NUMBER Pp*no WARRANTIES FOR THIS VEHICLE: zb 9 AS IS - NO WARRANTY YOU WILL PAY ALL COSTS FOR ANY REP %IRS. Th dealer assumes no responsibility for any repairs regardless of any oral statements abc ht the ve icle, u WARRANTN O FULL MUMITED WARRANTY. The des ex wid pe *WA% of the hibm and 21 A% of ttm parts for the covered systems lot fad dw ng the w Tang/ perAsk the dealer for a copy of the warrarUy document for a fud 9MA v laft of rar ranty coverage, exciulskms, and the dealer's repair obligations. Under state hn "implied varrandW may give you even more rights. SYSTEMS COVERED: Deductible: (check one) O $50 O $1W200 0$60 0$200 i 0$100 covm systems -e c by mar d ENGINE bwo* and detain of [] TRANSMISSION covers e 3 am sped A DRIVE AXLE bV the -errm ca i- tloris,• I A brRairlon o€. AIR CONDITIONER the WE TW* cor* ;. BRAKES Ask Yr n deder ft a COOLING SYSTEM copy f as warn ry ELECTRICAL STEERING related I xcmecris. SUSPENSION O TURBO/SUPERCHARGER DURATION: D OR whichever comes first MONTHS MILES ? SERVICE CONTRACT. A service contr cl is avai ble at an extra charge on this vehicle. Ask for .etails as to coverage, deductible, price, a ci exclusi is. If you buy a service contract within 90 days of the time of sale, state law `Implied ware r ties" ma give you additional rights ?RE-PURCHASE INSPECTION; ASK THE DEAL _R IF YC ' MAY HAVE THIS VEHICLE INSPECTED BY . YOUR MECHANIC EITHER ON OR OFF THE LO" SEE THE BACK OF THIS FORM for important E dditionz 'nfonmation, Including a list of some major defects that may occur in used motor vehicles. G- 3G r?-)R"0 22598 EXHIBIT A THIS VEHICLE IS SOLD WITHOUT ,iNY'WARRANTY. THE PURCHASER WILL BEAR THE ENTIRE EXPENSE OF REPAIRING OR CORRECTING ANY DEFECTS THAT PRESENTLY EXIST AND/OR MAY OCCUR IN THE MOTOR 'VEHICLE UNLESS THE SALESPERSON PROMISES IN WRITING TO CORRECT SUCH DEFECT OR. PROMISES IN WRITING THAT CERTAIN DEFECTS DO NOT EXIST. r_u,;p+5rnca fe nature ?. .?.? 1?::?rr.er'• _Auto Dca,iers Supp lies 1-$00-166-2141 www.d,alergoociies.com CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. David Becirovic 1672 Quail Drive Carlisle, PA 17013 MARTSON LAW OFFICES Ten Ef High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 2, 2008 = µ -T J C° S -6 i DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DAVID BECIROVIC INTHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. ROBERT ROONEY CIVIL ACTION - IN LAW Defendant NO. 2007-3139 PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Kindly enter my appearance as attorney for Plaintiff, David Becirovic, in the above captioned matter. Date: November 28, 2008 CK DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for plaintiff t ,, "CF } '? may„. ?? l L...1 4. DAVID BECIROVIC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3139 vs. ROBERT ROONEY, Defendant : CIVIL ACTION - IN LAW: PRAECIPE TO FILE THIRD AMENDED COMPLAINT To the Prothonotary: Pursuant to Pa. R.C.P. 1033 and the attached written stipulation of the parties, please file the attached Third Amended Complaint in the above captioned matter. Date:(,?,oQ,?c 57 am9l elo: i a?e. Douglas C. Lovelace, Jr., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff 3• : IN THE COURT OF COMMON PLEAS DAVID BECIROVIC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2007-3139 VS. CIVIL ACTION - IN LAW: ROBERT ROONEY, Defendant STIPULATION It is hereby stipulated by and between plaintiff and Defendant, through their undersigned counsel, that Plaintiff be allowed to file within 10 days hereof an amended complaint, as set forth in the attached Exhibit "A." Date: 4°?Mt to a. a?' S. < Hu X. ilroy, E 's. Douglas C. Lovelace, Jr., Esquire MARTSON LAW OFF CES 36 Donegal Drive 10 East High Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 385-1866 (717) 243-3341 Attorney I.D. No. 83889 Attorney I.D. No. 943 Attorney for Plaintiff Attorney for Defe t N %. DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 : IN THE COURT OF COMMON PLEAS DAVID BECIROVIC : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. ROBERT ROONEY : CIVIL ACTION - IN LAW Defendant : NO. 2007-3139 NOTICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 NOTICIA 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSES 0 SUS OBJECTIONS A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPMDADAS O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO P MEDIAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA UN PERSONA O LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 ???Y SJ a?9 ../-arr a " DOUGLAS C. LOVELACE, JR., Esquire Attorney for Plaintiff Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 2 ¦ %. DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 IN THE COURT OF COMMON PLEAS DAVID BECIROVIC CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW ROBERT ROONEY Defendant : NO. 2007-3139 THIRD AMENDED COMPLAINT AND NOW comes DAVID BECIROVIC, by and through his undersigned attorney, Douglas C. Lovelace, Jr., Esquire, and respectfully represents as follows in support of this Complaint: Parties 1. Plaintiff, David-Bicirovic, is an adult individual residing at 1672 Quail Drive, Carlisle Pennsylvania 17013. 2. Defendant, Robert Rooney, is an adult individual residing at 11 Ridge Drive, Carlisle, Pennsylvania 17013. Factual Allegations 3. Plaintiff avers, upon information and belief, that at all times relevant to this action, Defendant engaged in the business of diagnosing or repairing malfunctions of or damage to motor vehicles or performed maintenance service on motor vehicles, for compensation. 4. Plaintiff avers, upon information and belief, that at all times relevant to this action, Defendant operated a commercial automobile repair shop at 58 Nelson Drive, Carlisle, Pennsylvania, 17015, as defined by Pennsylvania consumer protection law, 37 Pa. Code § 301.1. 5. Plaintiff avers, upon information and belief, that at all times relevant to this action Defendant negotiated the retail sale of five or more motor vehicles in a calendar year or negotiated the sale of a vehicle that was not owned by Defendant or which was acquired by Defendant for resale purposes. 6. Plaintiff avers, upon information and belief, that at all times relevant to this action, Defendant was a dealer or motor vehicle dealer, as defined by Pennsylvania consumer protection law, 37 Pa. Code § 301.1. 7. Plaintiff avers, upon information and belief, that at all times relevant to this action, Defendant processed his sales of automobiles through Stone House Auto Sales, located at 7086 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania 17013. 8. On or about June 1-6, 2006, at 58 Nelson Drive, Carlisle, Cumberland County, Pennsylvania 17015, Defendant negotiated the sale of and sold to Plaintiff a 1999 Pontiac Montana automobile (hereafter Montana). 9. The Montana Defendant sold to Plaintiff is a good as defined by applicable Pennsylvania law. 10. Defendant processed the aforementioned sale of the Montana to Plaintiff through Stone House Auto Sales. 11. Plaintiff purchased, registered and titled the aforementioned Montana in the Commonwealth of Pennsylvania. 12. Plaintiff purchased and, at all times relevant to this action, used the Montana primarily for personal and family purposes. 13. On or about June 16, 2006, in the course of negotiating the sale of the Montana, and 2 in connection with such sale, Plaintiff requested Defendant's assurance that there were no major problems with the Montana and that it would function properly for at least one year, without any major malfunctions. 14. On or about June 16, 2006, in the course of negotiating the sale of the Montana, and in connection with such sale, Defendant verbally informed Plaintiff that the Montana did not have any major problems, that it would function properly for one year, and promised that if it did not function properly for one year, Defendant would repair it for Plaintiff. 15. On or about June 16, 2006, in the course of negotiating the sale of the Montana, and in connection with such sale, Defendant verbally provided a warranty to Plaintiff for the Montana as defined by 37 Pa. Code § 301.1. 16. In reliance on Defendant's representation that the 1999 Pontiac Montana had no major problems and Defendant's promise that if any were to arise within the course of a year, Defendant would repair the automobile, Plaintiff agreed to purchase the 1999 Pontiac Montana. 17. After selling the Montana to Plaintiff, Defendant informed Plaintiffthat the We would have to be processed through Stone House Auto Sales the next day, June 17, 2006. 18. Defendant did not inform Plaintiff who owned the Montana Defendant sold Plaintiff. 19. At all time relevant to this action, Defendant has been aware that Plaintiff has difficulty reading and comprehending the English language because Plaintiff is Bosnian and speaks and reads English as a second language, with limited capacity for understanding. 20. Immediately after telling Plaintiff that the Montana was free of any major problems and promising that if any were to arise within the course of a year, Defendant would repair the Montana, Defendant instructed Plaintiff that in order to process the sale of the Montana through Stone House Auto Sales, "just as a formality," Plaintiff must initial and sign a "Buyer's Guide" 3 form, a copy of which is provided as Exhibit A of Defendant's Preliminary Objections to Plaintiff's Second Amended Complaint, indicating that the Montana was being sold "As Is - No Warranty." 21. Relying on Defendant's immediately preceding statement that the Montana was free of any major problems, promise that if any were to arise within the course of a year, Defendant would repair the Montana, and representation that signing the "Buyer's Guide" form was just a formality required in order for Stone House Auto Sales to process the sale, Plaintiff initialed and signed the "Buyer's Guide" form, as instructed by Defendant. 22. At no time relevant to this action did Defendant or any one else prominently affix, in at least 20-point bold type, to a window of the Montana, notice of the lack of an express warranty for the Montana. 23. Upon taking possession of the Montana, Plaintiff observed that the "Check Engine" warning light was illuminated, oil was leaking from the engine, the fuel quantity gauge was not functioning, and the windshield wipers were not functioning properly. 24. Upon request by Plaintiff, Defendant refused to address any of the aforementioned defects in the Montana except for the malfunctioning windshield wiper mechanism, telling Plaintiff to seek repairs elsewhere. 25. Defendant alleged he repaired the Montana's windshield wiper mechanism and charged Plaintiff $150.00, which Plaintiff paid. 26. After Defendant returned the Montana to Plaintiff, Plaintiff observed that the windshield wipers continued to malfunction and returned the Montana to Defendant to have the wiper mechanism properly repaired. 4 27. Subsequently, Defendant again alleged he repaired the Montana's windshield wiper mechanism and charged Plaintiff an additional $120.00, for such repair, which Plaintiff paid. 28. After Defendant returned the Montana to Plaintiff the second time, Plaintiff again observed that the windshield wipers continued to malfunction and again returned the Montana to Defendant to have the wiper mechanism repaired. 29. Subsequently, Defendant, for the third time, alleged he repaired the Montana's windshield wiper mechanism and charged Plaintiff an additional $98.00, for such repair, which Plaintiff paid. 30. In his attempts to repair the Montana's windshield wiper mechanism, Defendant procured and installed a used windshield wiper motor, without informing Plaintiff in advance that Defendant intended to install the used part. 31. In performing repairs on the Montana's windshield wiper mechanism, Defendant did not advise Plaintiff of his right to receive the parts Defendant replaced. 32. Prior to commencing repairs on the Montana's windshield wiper mechanism, Defendant did not record in writing and provide a copy of the record to Plaintiff of the information required by 37 Pa. Code § 301.5 (2), although it was possible to do so. 33. At all times relevant to the repair of the Montana's windshield wiper mechanism, although it was possible to do so, Defendant did not secure Plaintiff's written or oral approval for a specific limit to the costs of repair, did not inform Plaintiff of Defendant's hourly labor rate, and did not display Defendant's labor rate in his repair facility 34. At all times relevant to the repair of the Montana's windshield wiper mechanism, although it was possible to do so, Defendant did not display on his premises, in a clear and 5 conspicuous manner, and disclose to Plaintiff the information required by 37 Pa. Code § 301.5 (4). 35. At all times relevant to the repair of the Montana's windshield wiper mechanism, Defendant did not maintain a written record of the oral authorization he received from Plaintiff to repair the Montana that included the information required by 37 Pa. Code § 301.5 (5). 36. Upon completion of the repairs of the Montana's windshield wiper mechanism, Defendant did not provide Plaintiff a written invoice containing the information required by 37 Pa. Code § 301.5 (8). 37. In early December 2006, the Montana malfunctioned due to engine overheating. Not knowing whether the malfunction was major or minor, Plaintiff took the Montana to Expert Tire, 200 S. Hanover Street, Carlisle, PA for diagnosis. Expert Tire estimated the cost of repairs to be $1,758.68, including $1,406 for labor. 38. Subsequently, knowing that the defects were major problems, Plaintiff delivered the Montana to Defendant for repair, in accordance with the promise made by Defendant, on June 16, 2006, that he would repair any major problems that might arise within one year of his sale of the Montana to Plaintiff. 39. Defendant initially objected to repairing the Montana, informing Plaintiff that the repairs would cost as much as $1,500.00 and Defendant was not willing to bear that cost. 40. To further induce Defendant to repair the Montana, as he had promised, Plaintiff offered a compromise by which Defendant and Plaintiff would bear equal shares of the cost of repairing the Montana. 6 41. Defendant agreed and performed repair work on the Montana, charging Plaintiff $639.00 for the repairs, only $125.00 of which was for the labor Defendant expended in making the repairs. 42. Prior to commencing the aforementioned major repairs on the Montana, Defendant did not record in writing and provide a copy of the record to Plaintiff of the information required by 37 Pa. Code § 301.5 (2), although it was possible to do so. 43. At all times relevant to the aforementioned repair work on the Montana, although it was possible to do so, Defendant did not display on his premises, in a clear and conspicuous manner, and disclose to Plaintiff the information required by 37 Pa. Code § 301.5 (4). 44. At all times relevant to the aforementioned major repair work on the Montana, Defendant did not maintain a written record of the oral authorization he received from Plaintiff to repair the Montana that included the information required by 37 Pa. Code § 301.5 (5). 45. Upon completion of the aforementioned major repairs, Defendant did not provide Plaintiffa written invoice containing all the information required by 37 Pa. Code § 301.5 (8). 46. Upon completion of the aforementioned major repairs, Defendant informed Plaintiff that the Montana was "ready to be driven another 100,000 miles." 47. The day after Defendant returned the Montana to Plaintiff saying it was repaired., the engine overheated again. 48. It being apparent that Defendant had not properly repaired the Montana, Plaintiff returned the Montana to Defendant, at 58 Nelson Drive, Carlisle, Pennsylvania for proper repair. 49. Defendant kept the Montana at 58 Nelson Drive, Carlisle, Pennsylvania until mid- to late January, 2007, at which time Defendant called Plaintiff and informed him the Montana was repaired. 7 I t- 50. Defendant did not secure Plaintiff s agreement to keep the Montana at Defendant's repair facility for approximately one month and Plaintiff did not agree to such a delay in repairing the Montana. 51. After again picking up the Montana from Defendant, Plaintiff was able to drive the Montana on short, local trips, but the engine overheating problem recurred, becoming more severe each day. 52. Plaintiff avers, upon information and belief, that Defendant knowingly addressed the Montana's overheating problem by resorting to a cheap, temporary measure such as adding stop- leak or liquid head sealer to the Montana's cooling system. 53. On or about February 15, 2007, the Montana malfunctioned again due to engine overheating and became inoperable, exhibiting the same symptoms Defendant was supposed to have addressed in his December 2006-January 2007 repairs. 54. The aforementioned malfunction of Plaintiffs Montana directly resulted from Defendant's defective workmanship performed during the December 2006 to January 2007 time frame. 55. Subsequently, on or about February 15, 2007, Plaintiff again had the Montana towed to Defendant's residence for repair. 56. From the time Defendant returned the Montana, to Plaintiff after performing repair work on it in the December 2006 to January 2007 time period, until the Montana malfunctioned on or about February 15, 2007, Plaintiff had driven the Montana less than 150 miles. 57. On or about March 4, 2007, Plaintiff asked Defendant when the Montana would be repaired. Defendant told Plaintiff that repair of the Montana would "cost a lot of money," that 8 Defendant would not repair it, and that Plaintiff must remove the automobile from Defendant's property. Plaintiff then abruptly ended the telephone conversation. 58. Defendant did not secure Plaintiffs consent and Plaintiff did not agree to Defendant keeping the Montana for the almost three-week period from on or about February 15 until March 4, 2007. 59. Plaintiff subsequently attempted to contact Defendant, but Defendant refused to take Plaintiff's call and has refused to do so since. 60. On or about March 6, 2007, Plaintiff had his Montana removed from Defendant's property- 6 1. On or about March 7, 2007, Plaintiff had Expert Tire diagnose the Montana's problems. Expert Tire diagnosed several major problems, to include possible engine and cylinder head damage, cooling system problems, and improperly connected or damaged cooling system hoses. Expert Tire estimated the cost of repairs to be $2,625.80. 62. From on or about 7 March until late May 2007, Plaintiff was forced to limit operation of the Montana to approximately ten short trips of less than 5 miles each in order to avoid the continuing engine overheating problem. 63. In late May 2007, the Montana's engine again overheated and caused a catastrophic failure of the vehicle. 64. Upon information and belief, Plaintiff avers that the late May 2007 catastrophic failure of the Montana resulted in damage to its transmission. 65. The aforementioned damage to the Montana's transmission resulted directly from Defendant's defective workmanship performed during the December 2006 to January 2007 time period. 9 66. The aforementioned damage to the Montana's transmission necessitated its replacement in early June 2007. 67. In having the Montana's transmission replaced, Plaintiff suffered a cost of $1,460.00. 68. After having the Montana's transmission replaced, Plaintiff still was only able to operate the Montana for very short trips due to the continuing engine overheating problem. 69. In early September 2007, after receiving expert advice, Plaintiff determined the Montana's engine was not economically repairable. 70. In early September 2007, plaintiff had the engine replaced with a used engine, at a cost to Plaintiff of $1,900.00. Count I Plaintiffs Private Action for Defendant's Violation of Pennsylvania Consumer Protection Laws Under the Provisions of 73 P .S. 8201-9.2; 73 P S 88 201-2 (4) (ii). (v). (vii); 37 Pa. Code 8 301.4 (a) (9) and 37 Pa. Code 6 3015 (2). (3). (4). (5). (6). (7). and (8) 71. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 70, inclusive, as fully as though the same were set forth herein at length. 72. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices Unfair Competition, Acts or Practices," § 201-9.2 (73 P.S. § 201-9.2) provides an individual a private cause of action against an automobile dealer or an automobile repair shop that engages in unfair methods of competition or unfair or deceptive acts or practices. 73. By selling the Montana to Plaintiff, telling Plaintiff the sale must be processed through Stone House Auto Sales, and not telling Plaintiff who actually owned the Montana, Defendant committed an unfair or deceptive practice, by causing the likelihood of confusion or 10 of misunderstanding as to the source, sponsorship, approval, or certification of the Montana, in violation of 73 P.S. 201-2(4) (ii). 74. By verbally informing Plaintiff that the Montana did not have any major problems, that it would function properly for one year, and promising that if it did not function properly for one year, Defendant would repair it for Plaintiff, while subsequently requiring Plaintiff to sign the aforementioned "Buyer's Guide" form, representing it to be only "a formality," Defendant committed an unfair or deceptive practice. by causing the likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or certification of the Montana, in violation of 73 P.S. § 201-2 (4) (ii). 75. By representing to Plaintiff that the Montana was free of any major defects when it was not, Defendant committed an unfair or deceptive practice in violation of 73 P.S. § 201-2 (4) (vii). 76. By not prominently affixing, in at least 20-point bold type, to a window of the Montana, notice of the lack of an express warranty for the Montana, Defendant committed an unfair or deceptive practice in violation of 37 Pa. Code § 301.4 (9). 77. By not recording in writing prior to commencing repairs on the Montana's windshield wiper mechanism and engine, the information required by 37 Pa. Code § 301.5 (2), although it was possible to do so, and not providing a copy of the records to Plaintiff, Defendant committed an unfair trade practice in violation of 37 Pa. Code § 301.5 (2). 78. In the course of repairing the Montana's windshield wiper mechanism, by charging Plaintiff for repairs that Plaintiff did not authorize in writing, although it was possible for Defendant to secure written authorization from Plaintiff, by not seeking Plaintiff's oral authorization for a specific price of repairs, and by not informing Plaintiff of Defendant's hourly 11 labor rate, Defendant committed an unfair or deceptive practice in violation of 37 Pa. Code § 301.5(3). 79. By not displaying on his premises, in a clear and conspicuous manner, and not disclosing to Plaintiff the information required by 37 Pa. Code § 301.5 (4), although it was possible to do so, Defendant committed an unfair or deceptive practice in violation of 37 Pa. Code § 301.5 (4). 80. By not maintaining written records of the oral authorizations he received from Plaintiff to repair the Montana's windshield wiper mechanism and engine, that included the information required by 37 Pa. Code § 301.5 (5), Defendant committed unfair or deceptive practices in violation of 37 Pa. Code § 301.5 (5). 81. By delaying repairs on the Montana's engine for approximately one month, without Plaintiff's concurrence, Defendant committed an unfair or deceptive practice in violation of 37 Pa. Code § 301.5 (6). 82. By retaining but not repairing the Montana for the period beginning on or about February 15, 2007 and ending on or about March 4, 2007, Defendant committed an unfair or deceptive practice in violation of 37 Pa. Code § 301.5 (6). 83. By not providing Plaintiff, upon completing repair work on the Montana's windshield wiper mechanism and engine, written invoices containing the information required by 37 Pa. Code § 301.5 (8), Defendant committed unfair or deceptive practices in violation of 37 Pa. Code § 301.5 (8). 84. Defendant's repair work on the Montana's windshield wiper mechanism was not performed in a skilled and workmanlike manner, requiring Plaintiff to return the Montana for remedial repairs twice. 12 85. By refusing to remedy promptly, at no charge to Plaintiff, Defendant's unskilled and not workmanlike windshield wiper mechanism repairs and by charging Plaintiff three times for the repairs, Defendant committed an unfair or deceptive practice in violation of 37 Pa. Code § 301.5(7). 86. Defendant's repair work on the Montana conducted in the December 2006 to January 2007 period was not performed in a skilled and workmanlike manner, even though Defendant promised Plaintiff the Montana "is now ready to be driven another 100,000 miles," since the Montana malfunctioned again, after being driven less than 150 miles and exhibited the same symptoms and mechanical systems failures Defendant was supposed to have addressed in his December 2006 to January 2007 repairs. 87. By refusing to remedy promptly, at no charge to Plaintiff, Defendant's December 2006 to January 2007 repairs, which were not performed in a skilled and workmanlike manner, Defendant committed an unfair or deceptive practice in violation of 37 Pa. Code § 301.5 (7). 88. By failing to honor the warranty he gave Plaintiff on June 16, 2006, Defendant committed an unfair or deceptive practice in violation of 73 P.S. § 201-2 (xxi). 89. As a consequence of Defendant's unfair and deceptive acts and practices, Plaintiff incurred additional repair expenses in excess of $4,217.00 to have the Montana properly repaired. 90. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiff's costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $4,217.00 plus 13 accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems necessary or proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count H Breach of Contract 91. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 90, inclusive, as fully as though the same were set forth herein at length. 92. Defendant entered into a verbal agreement with Plaintiff, in which Defendant agreed to repair any major defects in the Montana that may occur within a year of purchase, in return for Plaintiff purchasing the Montana. 93. Plaintiff purchased the Montana from Defendant, paid the entire purchase price, and fully performed under the terms of the agreement. 94. The Montana manifested major defects on or about February 15, 2007, less than eight months after Defendant sold the Montana to Plaintiff. 95. Defendant refused and failed to perform under the terms of the agreement into which he entered with Defendant by refusing and failing to repair the Montana, after Plaintiff demanded the Defendant repair the major defects Plaintiff noticed on or about February 15, 2007. 96. By refusing and failing to repair the Montana, after Plaintiff demanded the Defendant repair the major defects Plaintiff noticed on or about February 15, 2007, Defendant breached the terms of his agreement with Plaintiff. 97. As a result of Defendant's breach of his agreement with Plaintiff, Plaintiff suffered a loss in excess of $4,217.00. 14 WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in an amount of $4,217.00 plus accrued interest, reasonable attorney fees, costs, and grant other relief as the Court deems just and appropriate, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count In Unjust Enrichment In the event it is determined that no agreement existed in fact or law between Plaintiff and Defendant, as alleged in Count H, Plaintiff alleges as follows: 98. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 97, inclusive, as fully as though the same were set forth herein at length. 99. By refusing and failing to repair the Montana, after Plaintiff demanded the Defendant repair the major defect Plaintiff noticed on or about February 15, 2007, Defendant improperly received a benefit of the cost of such repairs. 100. Defendant knew he would realize the benefit of the cost of repairing Plaintiff s Montana when he refused to repair it, after Plaintiff demanded that Defendant make the repairs. 101. Defendant continues to refuse to make the said repairs. 102. Acceptance and retention of the benefit of the $4,217.00 cost of repairs Plaintiff suffered, under the circumstances described in the foregoing paragraphs, would be inequitable, unless Defendant pays Plaintiff the value of the benefit Defendant received. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in the amount of $4,217.00 plus accrued interest, reasonable attorney fees, and costs, and grant other relief as the Court deems just and appropriate, an 15 .! amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count IV N ence 103. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 102, inclusive, as fully as though the same were set forth herein at length. 104. In performing repairs on Plaintiffs Montana, Defendant had a duty to Plaintiff to repair the Montana in a skilled and workmanlike manner. 105. Defendant, by act or omission, breached his duty to Plaintiff by failing to repair the Montana's windshield wiper mechanism in a skilled and workmanlike manner on two occasions, even though Defendant charged and Plaintiff for such repairs. 106. Since the mechanical defects Defendant claims to have cured in the work he performed on the Montana in December 2006 and January 2007 recurred in less than 150 miles of additional driving of the Montana, notwithstanding Defendants claim upon completion of said repairs that the Montana was ready to be driven another 100,000 miles, Defendant, by act or omission, breached his duty to Plaintiff by failing to perform repairs on the Montana in a skilled and workmanlike manner. 107. As a direct and proximate cause of Defendant's breach of his duty to Plaintiff, the Montana suffered additional damage. 108. As a direct and proximate result of Defendant's breach of his duty to Plaintiff, Plaintiff suffered a loss in excess of $41217.00 WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in the amount of $4,217.00 plus accrued interest, reasonable attorney fees, and costs, and grant other relief as the Court deems just and appropriate, an 16 amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Respectfully submitted, tar `? ? ?• DOUGLAS C. LOVELACE, JR., Esquire Attorney for the Plaintiff Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Dated: 17 IN THE COURT OF COMMON PLEAS DAVID BECIROVIC : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW ROBERT ROONEY Defendant NO. 2007-3139 VERIFICATION David Becirovic hereby states that he is the Plaintiff in this action and that the statements of fact made in the foregoing Third Amended Complaint are true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: JJZJ610,? Carlisle, PA 7013 IN THE COURT OF COMMON PLEAS DAVID BECIROVIC CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW ROBERT ROONEY Defendant : NO. 2007-3139 CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Plaintiff hereby certify that on January 5, 2009, I served a true and correct copy of the foregoing Third Amended Complaint upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Hubert X. Gilroy, Esquire Attorney I.D. No.: 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant &"ir ?0-' 4re- Douglas C. Lovelace, Jr., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff na CZD l ? n"1 C P "`f"r DAVID BECIROVIC, Plaintiff ROBERT ROONEY, VS. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3139 : CIVIL ACTION - IN LAW: PRAECIPE TO SETTLE, DISCONTINUE AND END CIVIL ACTION To the Prothonotary: Kindly mark this action settled, discontinued and ended. Date: June 22, 2009 j? Akv- Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Counsel for Plaintiff LhLr ` r rye/ 2009 jUIN 22 A M, 'r DAVID BECIROVIC, Plaintiff vs. ROBERT ROONEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3139 : CIVIL ACTION - IN LAW: AMENDED PRAECIPE TO SETTLE, DISCONTINUE AND END CIVIL ACTION To the Prothonotary: Kindly mark this action settled, discontinued and ended, with prejudice. Date: June 29, 2009 Doug as C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Counsel for Plaintiff G-OF RCE OF "R PPOTHO. TARP 2*9 JUN 29 AM 11:5 7 i =. ?UNW ?St?.4'A??A.