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HomeMy WebLinkAbout07-5509I PCNNUTLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. jJ7 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgmelnt rendered by the District Justice on the date and in the case referenced below. Robert V. Manlove Pennsylvania 17050 vs CV-238-07 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. SON*- of Prod-tary or Depw If appellant was Claimant (see Pa. R.C.P.D.J. No. 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 LB Smith Ford Inc. appellee($), to file a complaint in this appeal Name of appegee(s) (Common Pleas No. °??_ss° ?, ) within twenty (20) days after service of rule or so'ffer entry of judgment of non pros. Signature of a t or attomey or agent RULE: To L.B Smith Ford Inc. ,appellee(s) Name of appellees) (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 MAYBE ENTERED' AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: J 9 , 20Q uto of Proth • 66 i YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT 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 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE-F/LE@-W?*T 4W 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 affiant Signature of official before whom afl4davit was made TWO of official My commission expires on 20 v tz? Y --t J COMMONWEALTH OF PENNSYLVANIA rnl iNTv nr:• C1==RUM No.: 09-1-02 MDJ Name: Hon. RONMT V. MANLOVZ Address: 1901 STATa. ST CAMP HILL, PA Telephone: (717 ) 761-0583 17011-0000 JJ=0 xi BOYD 92 6 ACRI RD MZCH]1YICSBVW, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rt B MITE FORD 11C -l 1100 NARZZT ST' LMOTM, PA 17063 L J VS. DEFENDANT: NAME and ADDRESS I's-M, Jul= z 926 ACRX RID MZCNANXCODURG, PA 17050 L J Docket No.: CV-0000238-07 Date Filed: 7/19/07 THIS IS TO NOTIFY YOU THAT: Judgment: POR PLILIINTIPT (Date of Judgment) 8/28/07 ® Judgment was entered for: (Name) LB 8=TH lORD IlC, © Judgment was entered against: (Name) NOW • JAS N in the amount of $ 1,097 . 5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,000.00 Judgment Costs $ 97• Interest on Judgment $ - W Attorney Fees $ .00 Total $ 1,097.50 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 iwamewrRANSCRIPT 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 REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date, Majietiegal DistticJudge dt//7 I certify that this is a tr a rr cop h WUPI Iwo -r- -1-ir -W -I e judgment. : Date Mgi§terial District Judge 2012 M ,'ie,,, SEAL, y commission expires first Monday of January, AOPC 315-06 .DATE PRI>NTED3 8/28/07 91;5000 AN eALTH OF PENNSYLVANIA COMMON PLEAS Judicial District, County Of Cumberland r NOTICE OF APPEAL NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMEN6/1'; COMMON PLEAS No. 6-7 - SS69 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. n/wl? Vr nrruw? i 1MV. V W 1. IRJ. ivawc yr V.J. James M. Boyd 09-1-02 Robert V. Manlove 17050 CV-238-07 ' This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R. .Q 7001(6) M action R.C.P.D.J. No. 10086: This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINSST JFILit )n twenty SUPERSEDEAS to the judgment for possession In this case. (20) days after filing the NOTICE of AI'j: of Prdh-d«y-D*pwy try CT ? 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 LB Smith Ford Inc. appeilee(s), to file a complaint in this appall Name of appOee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Slgnatweof oramwworagw RULE: To L.BBSmith Ford Inc, appellee(s) Name of app"Wa) (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 service or by certified or registered mail (2) If ypert p oti Is 11 c' 6tr?pfPOWthin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. .. P ....4:... (3) rT ie4ete of service of this 6.110f service was by mail is the date of the mailing. ?• Date: ?- M ."67 1.+ "a tj; YOU (}?rI IN, 4 A CdP*(_ Of OF THE N CE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD- COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERME OF'NOTWE OFAPPEAL AND RULE TO FILE CONPLAINT (This proof of service MUST BE FILED INlTHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONW H OF PENNSYLVANIA COUNTY OF Ujyf?a?? ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas fr. S47 upon the District Justice designated therein on (date of service) Q/q -, 20 0-1 , ? by personal service by (certified) (registered) mail, sender' receipt attached hereto, and upon the appellee, (name) c : on z 5? 20 O ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. %? (SWORII)AFFIRMED)ANDUED BEFORE ME THIS (( 61 DAY OF bt, 20_. Signature of oftiaf before whom atAdav# ft s made le+, z n4- , , 6,/`? Me ofonwai 67 / My commission expires on20 f ? Signature of afi(ant Brtx+k? ° ' 'otary Ptbllo Cr y coo t' ,Fires 1112 -6"OL+ - cwt 'tvianla AssoCM911w of h MII,? " YLVA f?IdliMYl Sed . . Bfo 1*A INltper, Notary PubIlc Cttt?Is Boro, A? Oottnty My CWWbWM Mwftr, Pennsylvania Association of Notaries Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy, Esquire I.D. No. 82164 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com Attorneys for Plaintiff L. B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff NO. 07-5509 CIVIL TERM V. CIVIL ACTION - LAW JAMES M. BOYD, JURY TRIAL DEMANDED Defendant 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, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad a otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy, Esquire I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com L. B. SMITH FORD, INC., Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 07-5509 CIVIL TERM V. CIVIL ACTION - LAW JAMES M. BOYD, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: James M. Boyd c/o Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 AND NOW, this I Z 6 day of October, 2007, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. 312828 JOHNSON, DUFFIE, STEWART & WEIDNER By: L--- 1 Michael J' Cassidy Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy, Esquire I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com L. B. SMITH FORD, INC., V. JAMES M. BOYD, Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Defendant COMPLAINT NO. 07-5509 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes L.. B. Smith Ford, Inc., by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint against Defendant James M. Boyd, and in support thereof avers as follows: 1. Plaintiff L. B. Smith Ford, Inc. (hereinafter "L. B. Smith Ford"), is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a place of business located at 1100 Market Street, Lemoyne, Cumberland County, Pennsylvania. 2. Upon information and belief, Defendant James M. Boyd (hereinafter "Boyd"), is an adult male residing at 926 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff L. B. Smith Ford is in the business of selling new and pre-owned automobiles. 4. On or about March 31, 2007, Plaintiff and Defendant Boyd entered into a written agreement pursuant to which Plaintiff agreed to sell to Defendant Boyd a pre-owned 2004 Ford Ranger Supercab, Vehicle Identification No. 1 FTZR45E84PA87300 (hereinafter said automobile referred to as "Vehicle"), for the total sum of $18,344.15. A copy of said written agreement is attached hereto as Exhibit A and is incorporated herein by reference. 5. The Agreement of Sale, attached hereto as Exhibit A, calls for Defendant Boyd to make a $1,000.00 down payment on the purchase of the vehicle with a balance due of $17,344.15, which Defendant Boyd elected to finance through AmeriChoice Federal Credit Union. 6. On March 31, 2007, Defendant Boyd delivered to Plaintiff a check from AmeriChoice Federal Credit Union in the sum of $17,344.15 payable to L. B. Smith Ford, Inc., but Defendant Boyd failed to pay to Plaintiff the $1,000.00 down payment. 7. On March 31, 2007, through accident and mistake, Plaintiff delivered the Vehicle to Defendant Boyd, although Defendant Boyd had failed to pay the $1,000.00 down payment. 8. Defendant Boyd owes Plaintiff the sum of $1,000.00 as the down payment for the purchase of the Vehicle pursuant to the agreement attached hereto as Exhibit A, together with related costs which are due and owing. Despite repeated demands by Plaintiff for payment, Defendant Boyd has failed to pay and continues to refuse to pay this amount. 9. Defendant Boyd's failure to remit to Plaintiff the $1,000.00 owed as a down payment is a material breach of the agreement between Plaintiff and Defendant. 10. Defendant Boyd's breach, as aforesaid, has caused Plaintiff injury in the amount of $1,000.00. WHEREFORE, Plaintiff L. B. Smith Ford, Inc. demands judgment against Defendant James M. Boyd in the amount of $1,000.00, together with costs and interest from the date of demand, being the date when Defendant James M. Boyd purchased the vehicle from Plaintiff L. B. Smith Ford, Inc. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: L--- ) C._._----- l Michael J. Cassidy I. D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff 7 DATE: /° ?/a- L- :312828 8993-6 CAR CUSTOMER ORDER 'TRUCK SVPJF ?T TO APPROVAL BY MANAGER i fords@Ibsmith.org L.B. SMITH FORD, INC. (717) 761-6700 Market Street at TwelftLemoyne, Pa 17043 Fax (717) 761-3951 SERIAL NO. CUST. d DATE RES M BUS / ?t rZH-1 84rlA87300 ADDR CUSTO.. RD ZIP CODE ESS 1. 6 AC Lt I JArir::; r? r?c)XV C.: t ENTER MY ORDER FOR 04 MAKE MODEL jJ,, 4?IQ L4 I; UR XGAB COLOR TYPE STOCK NO. ?t .40A - The of Capital One Auto Finance r Nl- EX17D SERVICE PLAN YES NO 111- X 1 F-1 X sxe+ATUr?E L, 1.00. O t f?o 0,V00 TOTAL ACCESSORIES NSA TRANSPORTATION (n TOTAL ? ? ' REBATE N/A oo oxo REBATE Pno??p REBATE T REBA E Trade-In Year 1 Serial No. Stock No. Title as No. Expires _ ALLOWANCE Trade-In Year f L' Make F Model Color ...._. Serial No. 4 14 W t) t Stock No. U' ' tI ' t? Title No. License No. - . Expires LL A CE INSURANCE • • • Sub-Total r LIBERTY MUTLAr Penna. Sales Tax ` . Ilia. C1 l) 1' R F C T Tire Tax ' AGENT- - -° Documentary Fee ADDRESS- - Notary Fee - Balance Owing On Trade To LICENSE # LIEN FEES $ TRANSFER TI TLE $ _ TEMP. TAGS $ WARRANTY INFORMATION n me Title & Re istr i rt ee ? FACTORY WARRANTY - The factory warranty constitutes ail of the warranties with respect to the sale of Online Dealer Service Fee this l emlitems. The seller hereby expressly disclaims all warranties, either expressed or implied including lied warranty of merchantability or fitness for a particular purpose, and the seller neither assumes an im y p not authorizes any other person to assume for it any liability in connection with the sale of this Item/items. TOTAL ? 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' RECEIPT NO.: $ , J purchaser will beer the entire expense of repairing or correcting any defect that presently exists or that . RECEIPT NO.: $ may occur in the vehicle. BALANCE DUE: ? 7 $ PURCHASER'S • SIGNATURE X USED CAR CONTRACTUAL DISCLOSURE STATEMENT THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM IN/ t6 OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. • ••• a e egu/adons >?litre you to state the odometer mileage upon transfer of otvnershiP. An Federal r o ANNUAL PEFtCBN7A?' /o inaccurate statement may make you liable for damages to your transferee, pursuant to section 409(a) of the Motor Vehicle Information and Cost Savings Act of 2072, Public Law 93.523, as amended by OFFICE USEONLY Public Law 04-474. I hereby state that the odometer mileage indicated on the vehicle sold at the time of transfer: CHARGES BEGIN ON 0 ?,L I It,Lp / TO BE REPAID TO IN MONTHLY 1. Miles 2. Total Mileage Unknown INSTALLMENTS OF $ EACH ON THE DAY OF 000 Total Cumulative Miles Known to Be Over 100 3 THE MONTH BEGINNING 20 , . Customer agrees that this order includes all of the terms and conditions on both the face and reverse X f the date hereof i d l d d h hi d FOR L.B. SMITH FORD, INC . superse es any pr s or er cance s an or agreement an as o at t side hereof, t comprises the complete and exclusive statement of the terms of agreement relating to the subject SALESMAN I I . L. L AN _ Y 1 mailers covered hereby. This order shall not become binding until accepted by the dealer or his authorized representative. You, the customer, may cancel this contract and receive a full refund L. B. SMITH FORD, INC. an Nme before r t of a copy of this contract sictrukV b an authorized dealer representative APPROVED THIS ORDER is NOT VALID UNLESS SIGNED AS ACCEPTED HERE . by his execution of this order tiff C atemer ry' written no e 1 cancellation t the de BY acknowledges that he s read its term ern I nd has received a true copy of this order. a r CUSTOMER SIGNS X ? CREDIT APPROVED CO-SIGNER SIGNS TERMS AND CONDITIONS OF ORDER The Order on the reverse side hereof is subject to the following terms and conditions which have been mutually agreed upon: 1. This agreement is not binding until signed by an authorized representative of the Dealer. 2. Verbal promises by salesman are not valid. Any promises or understandings not herein specified in writing are hereby expressly waived by the Customer. Said motor vehicle, accessories and extras to be delivered on the date specified or as soon thereafter as practicable subject to delays on account of fires, strikes, riot, war, shutdowns at the factory, Dealer's inability to procure delivery from the factory, or to other casualties or circumstances beyond Dealer's control. time of delivery in any event to be deemed extended correspondingly. 3. The manufacturer has reserved the right to change the price to the Dealer of new motor vehicles without notice. in the event that the manufacturer's price to the Dealer of the new motor vehicle ordered hereunder is so changed, the cash delivered price to the Customer will be changed accordingly. If such cash delivery price is increased, the Customer may, it dissatisfied with such increased purchase price, cancel this Order. The manufacturer has the right to make any changes in the model or design of any accessories or parts of any new motor vehicle at any time without creating any obligation on the part of the manufacturer of the Dealer to make corresponding changes in the motor vehicle covered by this Order, either before or subsequent to the delivery of such motor vehicle to the Customer. 4. The price of the motor vehicle quoted herein includes any tax or taxes imposed by any governmental authority prior to or at the time of the order of such motor vehicle unless expressly so stated, but the Customer assumes and agrees to pay, unless prohibited by law, any taxes, except income taxes, imposed on or incidental to the transaction herein, regardless of the person having the primary tax liability. 5. The price quoted in this Order is for immediate delivery, but if the price of the motor vehicle or accessories or the tax imposed by any governmental authority should be changed by the manufacturer or the governmental authority before the motor vehicle has been delivered to the Dealer. then this Order shall be construed as if the changed price was originally inserted herein. The Customer hereby agrees that the Dealer shall in no way be held liable for any changes in design or models, even though they do not meet the approval of the Customer. The Customer hereby agrees to take the motor vehicle as produced by the manufacturer. Customer agrees to take delivery and pay balance due within twenty-four (24) hours after being notified that the motor vehicle is ready for delivery. 6. If the used vehicle traded in by the Customer is not delivered to the Dealer at the time this Order is signed, or, if at the time of such delivery, the said vehicle and/or its tires or equipment is not in the same condition as when appraised, then it is agreed that such used vehicle shall be the amount of such re-appraisal value. If such re-appraisal value is lower than the original allowance shown on the reverse side hereof. Customer may, if dissatisfied with such re-appraisal value, cancel this Order. Such right to cancel. however, must be exercised by the Customer prior to the delivery of the motor vehicle covered by this Order to the Customer and the surrender of the used motor vehicle traded in to the Dealer. The Customer agrees to deliver the original Bill of Sale and the title to any used motor vehicle traded herein along with the delivery of such motor vehicle.. and the Customer warrants such used motor vehicle to be his property, free and clear of all liens and encumbrances, except as otherwise noted herein. The trade-in allowance shown in this order is the amount that the Dealer agrees to allow providing the purchaser accepts delivery and completes the deal at the time agreed upon in accordance with the stipulated terms. In event of any disagreement over the value of the car traded in, the dealer will not be liable for any more than the wholesale market value, as determined by the wholesale figure as shown in the Kelley Blue Book or N.A.D.A. Book, less the estimated cost of reconditioning same. 7. If the contract balance on the used vehicle traded in should be more than the amount indicated on this Order, the Customer agrees to pay the Dealer such excess in cash immediately upon demand, or, at his option, the Dealer may cancel this Order. Should the amount of such payoff be less than indicated on the Order, such difference shall be paid to the Customer in cash. 8. The Customer warrants that all taxes of every kind levied against the used vehicle traded in have been fully paid. Should any governmental agency levy or claim a tax lien or demand on or against such used vehicle, the Dealer may, at his option, pay the same and the Customer agrees to pay the amount thereof immediately secure registration for such vehicle and to pay any and all expenses or registration fees incidental thereto. Should the Dealer assume or be put to any expenses in connections with such registration, the Customer will pay the Dealer the amount thereof on demand. 9. Title to the motor vehicle ordered herein and right to possession of the same, shall remain in the Dealer until the entire purchase price is fully paid in cash. No check shall constitute payment unless and until it is paid by the bank on which it is drawn when first presented. 10. It is expressly agreed that there are no warranties, express or implied, made either by the Dealer to the manufacturer on the motor vehicle, chassis, parts or accessories furnished hereunder, unless a separate written warranty is given by the Dealer to the Customer at the time of sale. This applies to new motor vehicles as well as used motor vehicles. The Customer must have a written guarantee in his possession to secure an adjustment. 11. In case the motor vehicle covered by this Order is a used motor vehicle, no warranty or representation is made by the Dealer as to the extent such motor vehicle has been used, regardless of the mileage shown on the speedometer of said used motor vehicle. The Dealer does not warrant the correctness of the year of manufacture or model of motor vehicle. The Customer hereby agrees that he has verified the description of the motor vehicle to his own satisfaction, and that it is the motor vehicle he desires to purchase, regardless of the extent to which such motor vehicle has been used or regardless of whether the description contained in the Order is correct or not. There is no warranty or representation as to the correctness of the description used. 12. This Order is not assignable or transferable without consent of the Dealer. No change in the terms or conditions of this Order after execution by the Customer can be made without the written consent of the Dealer, 13. The Customer hereby guarantees that all statements made by him and set forth in this Order are true and correct, and that the Dealer may accept them as being true representations of existing facts. 14. Customer hereby agrees to pay all attorney and court costs in the event that any legal action is necessary to enforce this agreement of any of the terms thereof. 15. If Customer fails to perform all the terms and conditions of this Order, the Dealer may exercise any right or remedy given him by law in addition to all rights and remedies, specified herein, and all such rights and remedies shall be cumulative and may be exercised at the Dealer's election. 16. Customer agrees to accept vehicle and tires, subject to usage and wear resulting from the necessity of driving over land to the point of delivery. 1375 D (8/83) VERIFICATION I, HOMER S. HETRICK, General Manager for L. B. Smith Ford, Inc., hereby acknowledge that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. L. B. SMI H FORD, INC' By:_ . A Homer S. Hetrick DATE: 10/11 /-:17 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 2 4?-tay of October, 2007, addressed to the following: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: Carl en S. Jent?/ N rTj I + - rn a'? wt V 40 L.B. SMITH FORD, INC., Plaintiff V. JAMES M. BOYD, Defendant NOTICE TO PLEAD: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5509 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED TO: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. BOX 109 Lemoyne, PA 17043-0901 You are hereby notified to file a written response to the enclosed within twenty (20) days from service hereof or a judgment may be entered against you. Date: November 9, 2007 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant L.B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 07-5509 CIVIL TERM CIVIL ACTION - LAW JAMES M. BOYD, Defendant : JURY TRIAL DEMANDED DEFENDANT JAMES M. BOYD PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant James M. Boyd, individually and raises the following Preliminary Objections to Plaintiff's Complaint pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure in the nature of a demur: 1. Plaintiff initiated this action by filing a Complaint on October 12, 2007. A true and correct copy of the Complaint is attached as Exhibit "A". 2. The Complaint alleges, in summary, that the Defendant entered into a written contract with the Plaintiff to buy a pre-owned 2004 Ford Ranger Supercab (hereinafter "Vehicle") in Lemoyne, Cumberland County, Pennsylvania, and breached the contract by failing to pay a deposit of $1,000. 3. James M. Boyd preliminary objects to the Complaint on the grounds that the complaint is legally insufficient, even assuming the allegations contained therein are true. 4. The written agreement in question which is purported to be the contract breached, was created by Plaintiff and contains numerous essential terms and conditions. U 5. Listed first as a term and condition of the contract is that the written agreement is not binding until signed by an authorized representative of the Dealer. (Paragraph 1 of writing attached to the Complaint) 6. The written agreement is unsigned, and therefore nor binding or at issue. 7. The only contract existing, if there is one, would be created by the actions of the parties. 8. On March 31, 2007 the Defendant delivered Plaintiff a check for $17,344.15. 9. On March 31, 2007 the Plaintiff delivered the "Vehicle" to Defendant. 10. If there is a contract those actions created a contract whereby the Plaintiff sold the "Vehicle" to the Defendant for $17,344.15. 11. There was no written contract otherwise. 12. The Complaint for relief thus fails on its face, and should be dismissed with prejudice. WHEREFORE, Defendant James M. Boyd respectfully requests this Court to grant his preliminary objection by way of demurrer and dismiss all counts of Plaintiff s Complaint as to him, with prejudice. Dated:&,,/ ( 2 oG ? Respectfully submitted, RO GER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Supreme Court ID # 81924 t .B. SMITH FORD, INC., Plaintiff V. JAMES M. BOYD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5509 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, do hereby certify that I served a copy of Defendant's Preliminary Objections to Plaintiff's Complaint upon the following by depositing same in the United States mail, postage prepaid, , at Carlisle, Pennsylvania. addressed as follows: Dated: 1VG41 z C,(-7 Michael J. Cassidy, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant l A Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy, Esquire I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com Attorneys for Plaintiff L. B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff NO. 07-5509 CIVIL TERM V. CIVIL ACTION - LAW JAMES M. BOYD, JURY TRIAL DEMANDED Defendant 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, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los proximos veinte (20) dias despuas de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy, Esquire I.D. No. 82164 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com L. B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff NO. 07-5509 CIVIL TERM V. CIVIL ACTION - LAW JAMES M. BOYD, JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD TO: James M. Boyd c/o Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 AND NOW, this G day of December, 2007, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER Michael J. assidy Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy, Esquire I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com L. B. SMITH FORD, INC., Plaintiff V. JAMES M. BOYD, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 07-5509 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW comes L. B. Smith Ford, Inc., by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Amended Complaint against Defendant James M. Boyd, and in support thereof avers as follows: 1. Plaintiff L. B. Smith Ford, Inc. (hereinafter "L. B. Smith Ford"), is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a place of business located at 1100 Market Street, Lemoyne, Cumberland County, Pennsylvania. 2. Upon information and belief, Defendant James M. Boyd (hereinafter "Boyd"), is an adult male residing at 926 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff L. B. Smith Ford is in the business of selling new and pre-owned automobiles. 4. On or about March 31, 2007, Plaintiff and Defendant Boyd entered into a verbal agreement pursuant to which Plaintiff agreed to sell to Defendant Boyd a pre-owned 2004 Ford Ranger Supercab, Vehicle Identification No. 1 FTZR45E84PA87300 (hereinafter said automobile referred to as "Vehicle"), for the total sum of $18,344.15. 5. A writing evidencing this agreement which is signed by the Defendant, though unsigned by the Plaintiff, is attached as Exhibit A and is incorporated herein by reference. 6. The verbal agreement as reflected in the Agreement of Sale attached hereto as Exhibit A, called for Defendant Boyd to make a $1,000.00 down payment on the purchase of the vehicle with a balance due of $17,344.15, which Defendant Boyd elected to finance through AmeriChoice Federal Credit Union. 7. On March 31, 2007, Defendant Boyd delivered or caused to be delivered to Plaintiff a check from AmeriChoice Federal Credit Union in the sum of $17,344.15 payable to L. B. Smith Ford, Inc., but Defendant Boyd failed to pay to Plaintiff the $1,000.00 down payment. 8. On March 31, 2007, through accident and mistake, Plaintiff delivered the Vehicle to Defendant Boyd, although Defendant Boyd had failed to pay the $1,000.00 down payment. COUNT I - BREACH OF CONTRACT 9. Plaintiff incorporates by reference the averments of paragraphs 1-8 as if the same were set forth herein at length. 10. Defendant Boyd owes Plaintiff the sum of $1,000.00 as the down payment for the purchase of the Vehicle pursuant to the verbal agreement together with related costs which are due and owing. 11. Despite repeated demands by Plaintiff for payment, Defendant Boyd has failed to pay and continues to refuse to pay this amount. 12. Defendant Boyd's failure to remit to Plaintiff the $1,000.00 owed as a down payment is a material breach of the verbal agreement between Plaintiff and Defendant, said verbal agreement being evidenced by Exhibit A and the course of conduct between the parties as alleged herein. 13. Defendant Boyd's breach, as aforesaid, has caused Plaintiff injury in the amount of $1,000.00. WHEREFORE, Plaintiff L. B. Smith Ford, Inc. demands judgment against Defendant James M. Boyd in the amount of $1,000.00, together with costs and interest from the date of demand, being the date when Defendant James M. Boyd purchased the vehicle from Plaintiff L. B. Smith Ford, Inc. COUNT II - UNJUST ENRICHMENT 14. Plaintiff incorporates by reference the averments of paragraphs 1-13 as if the same were set forth herein at length. 15. Pursuant to the verbal agreement between the parties, further evidenced by Defendant's signature on Exhibit A, Plaintiff delivered the vehicle to the Defendant. 16. Defendant is in possession and/or has enjoyment and use of the vehicle though he has failed to pay the down payment of $1,000.00 to the Plaintiff. 17. Defendant is unjustly enriched in the vehicle to the extent of the $1,000.00 due deposit Defendant has failed to remit to Plaintiff as agreed. WHEREFORE, Plaintiff L. B. Smith Ford, Inc. demands judgment against Defendant James M. Boyd in the amount of $1,000.00, together with costs and interest from the date of demand, being the date when Defendant James M. Boyd purchased the vehicle from Plaintiff L. B. Smith Ford, Inc. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: L ?- Michael J. Cassidy I. D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff DATE: 12, Zt - 77 :317751 8993-6 VERIFICATION I, HOMER S. HETRICK, General Manager for L. B. Smith Ford, Inc., hereby acknowledge that I have read the foregoing Amended Complaint and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. L. B. S ITH FORD, INC. By: omer Het ick DATE: GAR CUSTOMER ORDER TRUCK L.B. SMITH 17RD, INC. fords@Iblsmith.org • (717) 761-6700 SUS' T TO APPROVAL BY MANAGER Market Street at Tweiftq Lemoyne, Pa 17043 Fax (717) 761-3g51 SERIAL NO. CUST. M DATE RES M BUS I ?l':C1t??' 'f.S4C'Ai'73U() '?r 15 01 CUSTOM ADDRESS C. 6 AC R I RD ZIP CODE JAMES M F50YD .r -AAbil 4) ENTER MY ORDER FOR OA MAKE P () I, MODEL -441A41441-1- 1.4 TYPE (J ?? X ?' A COLOR STOCK NO. ty. III fjr The of Capital One Auto Finance r r I r t/ EXT•D SERVICE PLAN YES NO X x , F-1 axetATVRe L . L (.I () . 0 TOTAL ACCESSORIES TRANSPORTATION N/A (( ?^ TOTAL ?? REBATE REBATE N/A REBATE REBAT Trade-In Year Serial No. Smock No. ntie Iceoae No. Expires ALLOWANCE Tratlean Year 2,5 Make Model Color Serial No. - stock No. auji!.) 9 (j Title No. INSURANCE tNF0RT,',A-notj Sub-Total LIBERTY MUTUAL. f 85b3453 94M Penna. Sales Tax INS. co,, I R F. C T .... t> ti Tire Tax ... AGENT - Documents Fee ADDRESS Note Fee Balance Owing On Trade To LICENSE # LIEN FEES $ r TRANSFER.11 ilk T ITLE $ _ TEMP. TAGS $ • - e • - • n mess Title & Registrift i h e 9 6, FACTORY WARRANTY - The factory warranty conedlutes all of the warranties with respect to the sale of Online Dealer Service Fee "ft Iternlltend. 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 Seger neither assumes nor authorizes any other person to sswms for It any lisbfgty In connection with the safe of this ItarnAtems. - TOTAL ? USED CAR WARRANTY . Used car is covered by a limited warranty detailed in a separate dominant. 0 AS IS - This motor vehicle is sold "AS IS" wghoUt any warranty either expressed or implied. The, 14 t "I RECEIPT NO.: $ " purchaser will beer the entire expense of repairing or correcting any detect that presently exists or that . RECEIPT NO.: $ may occur in the vehicle. BALANCE DUE: " 7 $ PURCHASER'S SIGNATURE X USED CAR CONTRACTUAL DISCLOSURE STATEMENT THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. •s s r . Federal regulations require you to state the odometer niilBage upon transfer of ownership. An " ANNUAL PERc / 4iA'S e/p inaccurate statement may make you liable for damages to your transferee, pursuant to Section 409(a) ,. of the Motor Vehicle Information and Cost Savings Act of 2072, Public Law 93-523, as amended by s Public Law 04474. I hereby state that the odometer mileage indicated on the vehicle sold at the time of transfer. CHARGES BEGIN ON L).3,?'i l+,?Q'7 TO BE REPAID TO IN MONTHLY 1. Miles 2. Total Mileage Unknown INSTALLMENTS OF $ EACH ON THE DAY OF 3. Total Cumulative Miles Known to Be Over 100,0DO THE MONTH BEGINNING 20 X Customer agrees that this order includes all of the terms and conditions on both the face and reverse FOR L.B. SMITH FORD, INC. side hereof, that this order cancels and supersedes any prior agreement and as of the date hereof • comprises the complete and exclusive statement of the terms of agreement relating to the subject SALESMAN l) 1! L Ant `j i E Nk; matters covered hereby. This order shalt not become binding until accepted by the dealer or his authorized representative. You the customer ma cancel this contract and receive a full refund L. B. SMITH FORD, INC. ' APPROVED en time before r t of e c of this sirtneff b an authorized dealer re resentative b THIS ORDER IS NOT YAUO UNLESS STONED AS ACCEPTED HERE . ' iv' written no e 1 cancellation t the d er try his execution of this order BY f acknowled es that he read its term con s ?d i f thi d g (n a rec e s or er. ved a true copy o r - CUSTOMER SIGNS X r CREDIT APPROVED COSIGNER SIGNS TERMS AND CONDITIONS OF ORDER The order on the reverse side hereof is subject to the following terms and conditions which have been mutually agreed upon: 1. This agreement is not binding until signed by an authorized representative of the Dealer. 2. Verbal promises by salesman are not valid. Any promises or understandings not herein specified in writing are hereby expressly waived by the Customer. Said motor vehicle, accessories and extras to be delivered on the date specified or as soon thereafter as practicable subject to delays on account of fires, strikes, riot. war, shutdowns at the factory, Dealer's inability to procure delivery from the factory, or to other casualties or circumstances beyond Dealer's control, time of delivery in any event to be deemed extended correspondingly. 3. The manufacturer has reserved the right to change the price to the Dealer of new motor vehicles without notice. in the event that the manufacturer's price to the Dealer of the new motor vehicle ordered hereunder is so changed, the cash delivered price to the Customer will be changed accordingly. If such cash delivery price is increased, the Customer may, it dissatisfied with such increased purchase price, cancel this Order. The manufacturer has the right to make any changes in the model or design of any accessories or parts of any new motor vehicle at any time without creating any obligation on the part of the manufacturer of the Dealer to make corresponding changes in the motor vehicle covered by this Order, either before or subsequent to the delivery of such motor vehicle to the Customer. 4. The price of the motor vehicle quoted herein includes any tax or taxes imposed by any governmental authority prior to or at the time of the order of such motor vehicle unless expressly so stated, but the Customer assumes and agrees to pay. unless prohibited by law, any taxes, except income taxes, imposed on or incidental to the transaction herein, regardless of the person having the primary tax liability. 5. The price quoted in this Order is for immediate delivery, but it the price of the motor vehicle or accessories or the tax imposed by any governmental authority should be changed by the manufacturer or the government a! authority before the motor vehicle has been delivered to the Dealer, then this Order shall be construed as if the changed price was originally inserted herein. The Customer hereby agrees that the Dealer shall in no way be held liable for any changes in design or models, even though they do not meet the approval of the Customer. The Customer hereby agrees to take the motor vehicle as produced by the manufacturer. Customer agrees to take delivery and pay balance due within twenty-four (24) hours after being notified that the motor vehicle is ready for delivery. 6. It the used vehicle traded in by the Customer is not delivered to the Dealer at the time this Order is signed, or, if at the time of such delivery, the said vehicle and/or its tires or equipment is not in the same condition as when appraised, Men it is agreed that such used vehicle shall be the amount of such re-appraisal value. if such fe-appraisai value is lower than the original allowance shown on the reverse side hereof, Customer may, if dissatisfied with such re-appraisal value, cancel this Order. Such right to cancel. however, must be exercised by the Customer prior to the delivery of the motor vehicle covered by this Order to the Customer and the surrender of the used motor vehicle traded in to the Dealer. The Customer agrees to deliver the original Bill of Sale and the title to any used motor vehicle traded herein along with the delivery of such motor vehicle, and the Customer warrants such used motor vehicle to be his property, free and clear of all liens and encumbrances, except as otherwise noted herein. The trade-in allowance shown in this order is the amount that the Dealer agrees to allow providing the purchaser accepts delivery and completes the deal at the time agreed upon in accordance with the stipulated terms. In event of any disagreement over the value of the car traded in, the dealer wilt not be liable for any more than the wholesale market value, as determined by the wholesale figure as shown in the Kelley Blue Book or N.A.D.A. Book, less the estimated cost of reconditioning same. 7, if the contract balance on the used vehicle traded in should be more than the amount indicated on this Order, the Customer agrees to pay the Dealer such excess in cash immediately upon demand, or, at his option, the Dealer may cancel this Order. Should the amount of such payoff be less than indicated on the Order, such difference shall be paid to the Customer in cash. 8. The Customer warrants that all taxes of every kind levied against the used vehicle traded in have been fully paid. Should any governmental agency levy or claim a tax lien or demand on or against such used vehicle, the Dealer may, at his option, pay the same and the Customer agrees to pay the amount thereof immediately secure registration for such vehicle and to pay any and all expenses or registration fees incidental thereto. Should the Dealer assume or be put to any expenses in connections with such registration, the Customer will pay the Dealer the amount thereof on demand. 9. Title to the motor vehicle ordered herein and right to possession of the same, shall remain in the Dealer until the entire purchase price is fully paid in cash. No check shall constitute payment unless and until it is paid by the bank on which it is drawn when first presented. 10. It is expressly agreed that there are no warranties, express or implied. made either by the Dealer to the manufacturer on the motor vehicle, chassis, parts or accessories furnished hereunder, unless a separate written warranty is given by the Dealer to the Customer at the time of sale. This applies to new motor vehicles as well as used motor vehicles. The Customer must have a written guarantee in his possession to secure an adjustment. 11. In case the motor vehicle covered by this Order is a used motor vehicle, no warranty or representation is made by the Dealer as to the extent such motor vehicle has been used, regardless of the mileage shown on the speedometer of said used motor vehicle. The Dealer does not warrant the correctness of the year of manufacture or model of motor vehicle. The Customer hereby agrees that he, has verified the description of the motor vehicle to his own satisfaction, and that it is the motor vehicle he desires to purchase, regardless of the extent to which such motor vehicle has been used or regardless of whether the description contained in the Order is correct or not. There is no warranty or representation as to the correctness of the description used. 12. This Order is not assignable or transferable without consent of the Dealer. No change in the terms or conditions of this Order after execution by the Customer can be made without the written consent of the Dealer. 13. The Customer hereby guarantees that all statements made by him and set forth in this Order are true and correct, and that the Dealer may accept them as being true representations of existing facts. 14. Customer hereby agrees to pay all attorney and court costs in the event that any legal action is necessary to enforce this agreement of any of the terms thereof. 15. If Customer fails to perform all the terms and conditions of this Order, the Dealer may exercise any right or remedy given him by law in addition to all rights and remedies, specified herein, and all such rights and remedies shall be cumulative and may be exercised at the Dealer's election. 16. Customer agrees to accept vehicle and tires, subject to usage and wear resulting from the necessity of driving over land to the point of delivery. 1375 D (8/83) CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ? day of December, 2007, addressed to the following: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: c p .,3? ?, ?? ?7 _.., ? _ ti Y { ?? ? ? •Iff ?. i.1 .L„j '? ?. i. 3 .,... { .? ?'"?1 .?{ ? ,i` --'C A L.B. SMITH FORD, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-5509 CIVIL TERM V. : CIVIL ACTION - LAW JAMES M. BOYD, : JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD TO: L.B. Smith Ford, Inc. c/o Michael J. Cassidy, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: Orc- 2o Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant L.B. SMITH FORD, INC., Plaintiff V. JAMES M. BOYD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-5509 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER AND NOW, comes JAMES M. BOYD, by and through his counsel, Karl E. Rominger, Esquire in support of their Answer to Complaint and New Matter, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Conclusion of Law and requires no answer. By way of further answer should an answer be deemed required it is admitted in part and denied in part. It is admitted that an agreement was entered into for the sale of a 2004 Ford Ranger Supercab. It is denied that the agreed sum was $18,344.15. 5. Denied. The writing in question is merely an offer to sell a truck for a certain price dependant on whether Defendant financed through Plaintiff. 6. Denied. It is denied that the Agreement of Sale referred to required such payments if financed with AmeriChoice Federal Credit Union. . 4- 7. Admitted in part and denied in part. It is admitted that Defendant did deliver a check to Plaintiff from AmeriChoice Federal Credit Untion in the sum of $17,344.15. It is denied that Defendant was required to pay a $1,000.00 down payment. 8. Admitted in part and denied in part. It is admitted that Plaintiff delivered the vehicle in question to Defendant. It is denied that delivery was by accident and mistake. It is denied that Defendant was required to pay a $1,000.00 down payment. COUNT I - BREACH OF CONTRACT 9. No answer required. 10. Conclusion of Law and requires no answer. By way of further answer should an answer be deemed required it is denied that Defendant ever agreed to pay a $1,000.00 down payment. 11. Admitted. 12. Conclusion of Law and requires no answer. By way of further answer should an answer be deemed required it is denied that Defendant ever agreed to pay a $1,000.00 down payment. 13. Conclusion of Law and requires no answer. By way of further answer should an answer be deemed required it is after reasonable investigation that we are without knowledge or information sufficient to form a belief as to the truth this averment. COUNT II - UNJUST ENRICHMENT 14. No answer required 15. Admitted in part and denied in part. It is admitted Plaintiff delivered the vehicle in question to Defendant. It is denied that delivery was pursuant to the written Agreement of Sale. 16. Admitted in part and denied in part. It is admitted that Defendant is in possession of the vehicle in question. It is denied that any down payment is owed to Plaintiff. 17. Conclusion of Law and requires no answer. By way of further answer should an answer be deemed required it is denied that Defendant ever agreed pay a down payment of $1,000.00 and therefore does not owe Plaintiff $1,000.00. WHEREFORE, Defendant respectfully demands judgment in his favor and against Plaintiff. NEW MATTER 18. Plaintiff agreed to sell Defendant a 2004 Ford Ranger Supercab. 19. Plaintiff offered to sell Defendant said vehicle for a total of $18,344.15 if financed through Plaintiff. 20. Such offer required Defendant to deposit $1,000.00 as a down payment. 21. Defendant countered Plaintiff s offer by financing through Americhoice. 22. Defendant's counter offer was for $17,344.15 and required no deposit. 23. Defendant delivered Plaintiff a check for $17,344.15. 24. Plaintiff delivered Defendant the vehicle in question. 25. Plaintiff's delivery of vehicle to Defendant acted as an acceptance to Defendant's counter offer. 26. Plaintiff sold Defendant a 2004 Ford Ranger Supercab for the agreed upon price of $17,344.15. 27. The agreed upon price s contracted orally and/or through the course of conduct was $17,344.15. WHEREFORE, Defendant respectfully demands judgment in his favor and against Plaintiff. Respectfully Submitted, Rominger & Associates Date: /)ec L U Z KarrE. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants 4 ' - L.B. SMITH FORD, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-5509 CIVIL TERM V. CIVIL ACTION - LAW JAMES M. BOYD, : JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Defendants Answer to Plaintiffs Complaint and New Matter upon the following by depositing the same in the United States mail, first class, postage prepaid at Carlisle, Pennsylvania, addressed as follows: Michael J. Cassidy, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 Date: P PC c>, ZG?O Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant n r.a .97 m _ F-n CO "< L.B. SMITH FORD, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 5509-2007 CIVIL TERM JAMES M. BOYD, JURY TRIAL DEMANDED Defendant PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the attached Verification to the Answer and New Matter which was filed by my office on December 20, 2007, in the above captioned case. Date: d Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant I* L.B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 5509-2007 CIVIL TERM JAMES M. BOYD, JURY TRIAL DEMANDED Defendant VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, Date: 7/0 unworn falsification to authorities. M. Boyd ?' ,: t ? ....s , _ ? ;T - = • ?_- .. .? Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy, Esquire I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com L. B. SMITH FORD, iNC., Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 07-5509 CIVIL TERM V. JAMES M. BOYD, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes Plaintiff L. B. Smith Ford, Inc., by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Reply to New Matter, and in support thereof, avers as follows: 18. Denied. Said averment is denied as stated. Plaintiff agreed to sell to Defendant, and Defendant agreed to purchase from Plaintiff, a 2004 Ford Ranger Supercab for the sum of $18,344.15, as reflected under the terms and conditions set forth in the document attached to Plaintiff's Amended Complaint and marked as Exhibit A. 19. Denied. Said averment is denied as stated. Plaintiff agreed to sell to Defendant, and Defendant agreed to purchase from Plaintiff, a 2004 Ford Ranger Supercab for the sum of $18,344.15, as reflected under the terms and conditions set forth in the document attached to Plaintiff's Amended Complaint and marked as Exhibit A. 20. Denied. Said averment is denied as stated. Plaintiff agreed to sell to Defendant, and Defendant agreed to purchase from Plaintiff, a 2004 Ford Ranger Supercab for the sum of $18,344.15, as reflected under the terms and conditions set forth in the document attached to Plaintiff's Amended Complaint and marked as Exhibit A. 21. Denied. It is specifically denied that Defendant made a counter offer to Plaintiff by financing the purchase of the 2004 Ford Ranger Supercab through Americhoice. While Defendant elected to finance the purchase of the vehicle through Americhoice, said purchase was under the same terms and conditions as agreed upon between Plaintiff and Defendant. 22. Denied. It is specifically denied that Defendant made a counter offer for the purchase of the vehicle as stated. 23. Admitted. 24. Admitted. 25. Denied. It is specifically denied that Defendant made a counter offer to Plaintiff for the purchase of the vehicle. Plaintiff agreed to sell the vehicle to Defendant, and Defendant agreed to purchase the vehicle from Plaintiff under the terms and conditions as reflected in the document attached to Plaintiffs Amended Complaint and marked as Exhibit A. 26. Denied. It is specifically denied that Plaintiff agreed to sell the 2004 Ford Ranger Supercab to Defendant for the price of $17,344.15. Plaintiff agreed to sell to Defendant, and Defendant agreed to purchase from Plaintiff, the vehicle for the sum of $18,344.15. 27. Denied. Said averment is denied in its entirety. Plaintiff agreed to sell to Defendant, and Defendant agreed to purchase from Plaintiff, the vehicle for the sum of $18,344.15, which sum was to include a $1,000.00 deposit paid by Defendant to Plaintiff, plus an additional $17,344.15 which Defendant elected to finance through Americhoice. WHEREFORE, Plaintiff respectfully demands judgment in its favor and against Defendant, together with any and all costs and interest allowable under law. JOHNSON, DUFFIE, STEWART & WEIDNER I3y: ?-------• 1 Michael J. Cassidy, Esquire I . D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff DATE: / ?? S CERTIFICATE OF SERVICE AND NOW, this day of Aal . , 2008, the undersigned does hereby certify that she did this date serve a true and correct copy of the foregoing document upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the date indicated above, to the following: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Car en Jensen C? r-n t L.B. SMITH FORD, INC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 07-5509 CIVIL TERM CIVIL ACTION - LAW JAMES M. BOYD, Defendant JURY TRIAL DEMANDED MOTION TO COMPEL DISCOVERY AND NOW, comes James M. Boyd, by and through his privately retained counsel, Karl E. Rominger, Esquire and offers the following: PROCEDURAL HISTORY: 1. Plaintiff filed a Complaint against Defendant on October 12, 2007. 2. Defendant filed Preliminary Objections to Plaintiffs Complaint on November 9, 2007. 3. Plaintiff filed an Amended Complaint on December 6, 2007. 4. Defendant filed an Answer to Plaintiff's Complaint and New Matter on December 20, 2007. 5. Defendant filed First Set of Interrogatories (Exhibit A) to Plaintiff and Request for Production of Documents (Exhibit B) on December 26, 2007. 6. Plaintiff filed Response to Defendant's First Set of Document Requests (Exhibit C) and Response to Defendant's First Set of Interrogatories (Exhibit D) on January 2, 2008, and objected to every request as being overbroad and vague and requiring the making of an unreasonable investigation. 7. Plaintiff filed First Requestfor Production of Documents and First Set oflnterrogatories on January 2, 2008. 8. Plaintiff filed Reply to New Matter on January 11, 2008. 9. Defendant answered Plaintiff s First Request for Production of Documents and Plaintiff's First Set of Interrogatories on February 1, 2008. 10. Defendant now brings this Motion to Compel Discovery pursuant to Pennsylvania Rules of Civil Procedure 4006 (2) allowing the court to dismiss an objection to interrogatories and direct the interrogatories to be answered. It. Defendant brings this Motion respectfully requesting the Court to overrule Plaintiffs objections and order them to provide discovery as requested in Exhibits A and B pursuant to Pennsylvania Rules of Civil Procedure 4006 and 4009.12. 12. No part of this case has been heard by any Judge at the Common Pleas level yet. FACTS: 13. Plaintiff agreed to sell Defendant a 2004 Ford Ranger Supercab. 14. Plaintiff offered to sell Defendant said vehicle for a total of $18,344.15 if financed through Plaintiff. 15. Such offer required Defendant to deposit $1,000.00 as a down payment. 16. Defendant countered Plaintiff's offer by financing through Americhoice. 17. Defendant's counter offer was for $17,344.15 and required no deposit. 18. Defendant delivered Plaintiff a check for $17,344.15. 19. Plaintiff delivered Defendant the vehicle in question. 20. Plaintiff's delivery of the vehicle acted as an acceptance to Defendant's counter offer. 21. Plaintiff argues that no counter offer was made. 22. Plaintiff argues that Defendant is held to a contract unsigned by Plaintiff. DISCOVERY: 23. Without discovery Defendant cannot prepare a defense or prepare any additional pretrial motions. 24. Specifically Defendant has requested Agreements of Sale and Contracts similar to the ones Plaintiff claims are binding. 25. Defendant also has requested answers to how many vehicles are made under oral contract, how many are made by written contract, how many are made by Agreements of Sale, how many are signed by the Plaintiff, how many deals require a down payment, and how many were financed through Plaintiff. 26. All requests for discovery are important to forming a defense, are very specific, and would not entail making an unreasonable investigation. 27. Further, Defendant has answered all requests for discovery made by the Plaintiff. 28. The Pennsylvania Rules of Civil Procedure dictate the Plaintiff provide the Defendant with the requested discovery. WHEREFORE, Defendant respectfully requests that this Court Compel Discovery, and grant Defendant an additional 20 days from the receipt of discovery to prepare any additional pretrial motions. Respectfully submitted, Rominger & Associates Date: February 13, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Defendant Exhibit A L.B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL-NTY, PENNSYLVANIA Plaintiff NO. 07-5509 CIVIL TERM V. JAMES M. BOYD, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFF You are required to file answers to the following Interrogatories within thirty (30) days after service upon you pursuant to Pa. R. Civ. P. No. 1930.5(b) and 4001 et seq. DEFENDANT, JAMES M. BOYD, by and through his attorney, Karl E. Rominger, Esquire, hereby requests that the parties to whom these Interrogatories are addressed answer fully, in writing and under oath, the following Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure. These Interrogatories shall be deemed continuing in nature and supplemental answers shall be deemed required if you directly or indirectly obtain information after serving your response. Each Interrogatory solicits the personal knowledge of each Plaintiff and all information available to Plaintiff, Plaintiffs attorneys, investigators, experts, employees, insurers and representatives. These Interrogatories are to be answered in detail. If you cannot answer any Interrogatory in full, answer it to the extent possible and explain your inability to answer the remainder. DEFINITIONS As used herein: "Document" means any and all written or graphic matter of every kind and description, however produced or reproduced, whether draft or final, original or reproduction, in the actual, or constructive possession, custody or control of Defendants or their attorneys, including, but not limited to, letters, correspondence, memoranda, notes, files, transcripts, contracts, agreements, memoranda of telephone conversations, or personal conversations, books, magazines, advertisements, periodicals, statements, notices, reports, orders, movies, tapes, recordings or materials similar to any of the foregoing, however, denominated by Defendants, and including writings, drawings, and photographs. The term "Document" shall also include all copies of the original. INTERROGATORY NO. 1: State how many total vehicles you have sold in the time period of January 1, 2005, until the present date. ANSWER: INTERROGATORY NO. Z: State how many sales of vehicles between January I, 2005 to the present date were completed by use of an oral contract. ANSWER: INTERROGATORY NO. 3: 1, 200, to the present date were State how many sales of vehicles between January completed by a written contract. ANSWER: INTERROGATORY NO. 4: State how many Agreement of Sales, forms and the like, similar to the one attached to your complaint were used in the sales of vehicles from January i, 2005, to the present date. ANSWER: INTERROGATORY NO. S: State how many Agreements of Sale between Jariuary 1, 2005, to the present date were signed by an authorized representative of L.B. Smith Ford. ANSWER: INTERROGATORY NO. 6: State how many vehicles required a down payment from January I, 2005, until the present date. ANSWER: INTERROGATORY NO. 7: State how many sales of vehicles were financed through L.B. Smith Ford, Inc. ANSWER: INTERROGATORY NO. 8: State how many sales of vehicles were financed through another company- rather than L.B. Smith Ford from January 1, 2005, until the present date. ANSWER: Date: Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant L.B. SMITH FORD, FNC.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JAMES M. BOYD, Defendant NO. 07-5509 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, do hereby certify that I served a copy of the Interrogatories upon the following by depositing same in the United States mail, postage prepaid, , at Carlisle, Pennsylvania, addressed as follows: Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Respectfully submitted, ROMINGER & ASSOCIATES Date: fie, 2 /, I Gat Z-- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant Exhibit B L.B. SMITH FORD, INC., Plaintiff V. JAMES M. BOYD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5509 CIVIL TERM CIVIL ACTION - LAVk' JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF, L.B. SMITH FORD, INC. BY DEFENDANT JAMES M. BOYD TO: L.B. Smith Ford, Inc. c/o Michael J. Cassidy, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 Kindly produce at the law offices of counsel for Defendant, within (30) thirty days of the date of this Request the following documents for Defendant's inspection and copying in accordance with the Pennsylvania Rules of Civil Procedure. Date: Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID 4 81924 Attorney for Defendant INSRUCTTIONS AND DEFINITIO'N'S A. For the purpose of this Request, the word `'document' means the original, all drafts thereof, and all copies of any written, printed, recorded, charted, taped, graphic or magnetic matter (including, but not limited to, video tapes, audio tapes, and computer tapes and discs), however produced, reproduced or prepared. B. This Request applies to all documents in your possession, custody or control or in the possession, custody, or control, of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, servants, contractors, employees, accountants, attorneys, investigators, indemnitors, insurers, consultants and sureties. DOCUMENT REQUESTS I . Produce any and all :agreements of Sale from January 1. 2005 until the present date. in which L.B. Smith Ford, Inc. was a party. 2. Produce any and all written contracts for the sale of vehicles from Januarv 1, 2005 until the present date. L.B. SMITH FORD, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5509 CIVIL TERN'[ v. CIVIL ACTION - LAW" JAMES M. BOYD, : JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Production of Documents upon the following by depositing the same in the United States mail, first class, postage prepaid at Carlisle, Pennsylvania, addressed as follows: Michael J. Cassidy, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 Respectfully Submitted, Rominger & Associates Date: ec zgv Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID 9 81924 Attorney for Defendant Exhibit C Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy, Esquire I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com L. B. SMITH FORD, INC., Plaintiff V. JAMES M. BOYD, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 07-5509 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF PLAINTIFF TO DEFENDANTS FIRST SET OF DOCUMENT REQUESTS TO: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant 1. Produce any and all Agreements of Sale from January 1, 2005 until the present date in which L.B. Smith Ford, Inc. was a party. Objection. This request for production is overbroad and vague and would require the making of an unreasonable investigation. Furthermore, this request for production is outside the scope of permissible discovery and is irrelevant to the subject matter of this litigation. 2. Produce any and all written contracts for the sale of vehicles from January 1, 2005 until the present date. Objection. This request for production is overbroad and vague and would require the making of an unreasonable investigation. Furthermore, this request for production is outside the scope of permissible discovery and is irrelevant to the subject matter of this litigation. JOHNSON, DUFFIE, STEWART & WEIDNER h By: 6---- 1 s Michael J. assidy, Esquire DATE: V °L °8 Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of , 2008, addressed to the following: JOHNSON, DUFFIE, STEWART & WEIDNER By: 1jeo-f- C*Iee_'n Je s Exhibit D Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy, Esquire I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com L. B. SMITH FORD, INC., Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 07-5509 CIVIL TERM V. CIVIL ACTION - LAW JAMES M. BOYD, Defendant JURY TRIAL DEMANDED RESPONSE OF PLAINTIFF TO DEFENDANTS FIRST SET OF INTERROGATORIES TO: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant INTERROGATORY NO. 1: State how many total vehicles you have sold in the time period of January 1, 2005. until the present date. ANSWER: Objection. This interrogatory is overbroad and would require the making of an unreasonable investigation. Furthermore, this interrogatory is outside the scope of permissible discovery and is irrelevant to the subject matter of this litigation. INTERROGATORY NO 2: State how many sales of vehicles between January 1, 2005 to the present date were completed by use of an oral contract. ANSWER: Objection. This interrogatory is overbroad and would require the making of an unreasonable investigation. Furthermore, this interrogatory is outside the scope of permissible discovery and is irrelevant to the subject matter of this litigation. INTERROGATORY NO.3: State how many sales of vehicles between January 1, 2005. to the present date were completed by a written contract. ANSWER: Objection. This interrogatory is overbroad and would require the making of an unreasonable investigation. Furthermore, this interrogatory is outside the scope of permissible discovery and is irrelevant to the subject matter of this litigation. INTERROGATORY NO.4: State how many Agreement of Sales, forms and the like, similar to the one attached to your complaint were used in the sales of vehicles from January 1, 2005, to the present date. ANSWER: Objection. This interrogatory is overbroad and would require the making of an unreasonable investigation. Furthermore, this interrogatory is outside the scope of permissible discovery and is irrelevant to the subject matter of this litigation. INTERROGATORY N0.5: State how many Agreements of Sale between January 1, 2005, to the present date were signed by an authorized representative of L.B, Smith Ford. ANSWER: Objection. This interrogatory is overbroad and would require the making of an unreasonable investigation. Furthermore, this interrogatory is outside the scope of permissible discovery and is irrelevant to the subject matter of this litigation. INTERROGATORY NO.6: State how many vehicles required a down payment from January 1, 2005. until the present date. ANSWER: Objection. This interrogatory is overbroad and would require the making of an unreasonable investigation. Furthermore, this interrogatory is outside the scope of permissible discovery and is irrelevant to the subject matter of this litigation. INTERROGATORY NO.7: State how many sales of vehicles were financed through LB. Smith Ford, Inc. ANSWER: Objection. This interrogatory is overbroad and would require the making of an unreasonable investigation. Furthermore, this interrogatory is outside the scope of permissible discovery and is irrelevant to the subject matter of this litigation. INTERROGATORY NO.8: State how many sales of vehicles were financed through another company rather than LB. Smith Ford from January 1, 2005, until the present date. ANSWER: Objection. This interrogatory is overbroad and would require the making of an unreasonable investigation. Furthermore, this interrogatory is outside the scope of permissible discovery and is irrelevant to the subject matter of this litigation. JOHNSON, DUFFIE, STEWART & WEIDNER By: Michael J. Cassidy, Esquire DATE: 1 02 Z--0e Attorneys for Plaintiff 7Z CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of , 2008, addressed to the following: JOHNSON, DUFFIE, STEWART & WEIDNER By: C een Jensen L.B. SMITH FORD, INC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 07-5509 CIVIL TERM CIVIL ACTION - LAW JAMES M. BOYD, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Motion to Compel Discovery upon the following by depositing the same in the United States mail, first class, postage prepaid, addressed as follows: Michael J. Cassidy, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Respectfully submitted, Rominger & Associates -.0000% Date: February 13, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Defendant "r1 :? ? C?7 L. B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-5509 CIVIL JAMES M. BOYD, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER AND NOW, this Lo day of February, 2008, a brief argument on the within motion is set for Thursday, March 6, 2008, at 2:30 p.m. in Courtroom No. 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin ess, J. v'-'Karl Rominger, Esquire For the Plaintiff ?Michael J. Cassidy, Esquire For the Defendant Am C t 12-T / rn'aLLL-' I a1zo?d8 ?,??{a ? psi ?'.l" r?f.?? L. B. SMITH FORD, INC., Plaintiff vs. JAMES M. BOYD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5509 CIVIL : JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER AND NOW, this day of March, 2008, after argument thereon, the motion of the defendant to compel discovery is DENIED. BY THE COURT, Zmichael J. Cassidy, Esquire For the Plaintiff '/(incent Monfredo, Esquire For the Defendant rlm O t Es rn---c LL CP 3?l0?08 C S :C add 0 ! NVW EODI &`:?GNC?H-1f d :,'N3 JO L. B. Smith Ford, Inc., Plaintiff V. James M. Boyd, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 5509 20 07 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael J. Cassidy, Esq. counsel for the plaintiff/SUMMAf in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $1, 000.00 together with interest and costs The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Michael J. Cassidy, Esq., and Karl E. Raminger, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, e si ORDER OF COURT AND NOW, petition, Esq., and , 200---, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY k " 1 (? p V I L.B. SMITH FORD, INC., Plaintiff V. JAMES M. BOYD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-5509 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that James M. Boyd, Defendant appeals from the award of the board of arbitrators entered in this case on the 3rd day of June, 2008. A jury trial is demanded [ x ] I hereby certify that: 1. The compensation of the arbitrators has been paid. -------------- ?- Vinc?ent M. Monfrdo, Attorney for Appellant Note: the demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b)• (b) No affidavit or verification is required. w ? p d \ O c ?Y L? _b r? C+..1 t? JV -10 ZE: 3 t, v .. ?r?, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (X) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) L.B. SMITH FORD, INC, (Plaintiff) VS. JAMES M. BOYD, vs. (Defendant) (check one) ( ) Civil Action - Law (X) Appeal from Arbitration (other) The trial list will be called on October 21, 2008, and Trials commence on November 17, 2008. Pre-trials will beheld on October 29, 2008. (Briefs are due 5 days before pre-trials.) No. 2007-5509, Civil Term Indicate the attorney who will try case for the party who files this praecipe: Michael Cassidy, Johnson Duffie, P.O. Box 109, Lemoyne, PA 17043-0109 Indicate trial counsel for other parties if known: Vincent Monfredo, Rominger & Associates, 155 S. Hanover St., Carlisle, PA 17013 This case is ready for trial. Signed: Print Name: Michael Cassidy Date: August 8, 2008 Attorney for Plaintiff 340911 29 0 s ) 7S r?x Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 Elizabeth D. Snover I.D. No. 200997 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 mjc@jdsw.com Attorneys for Plaintiff L.B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2007-5509 CIVIL TERM JAMES BOYD, CIVIL ACTION - LAW Defendant PLAINTIFF'S PETITION FOR A STATUS CONFERENCE AND NOW, comes the Plaintiff, L.B. Smith Ford, Inc., through its attorneys Johnson, Duffie, Stewart & Weidner, and files the following Petition to Schedule a Status Conference and in support thereof avers as follows: 1. The instant case concerns an alleged failure to remit a $1,000 down payment for an automobile that Defendant, James Boyd "Boyd", purchased from the Plaintiff, L.B. Smith Ford, Inc. "L.B. Smith". • D ... w 2. After an appeal by Boyd from the Magisterial District Justice a Complaint was filed by L.B. Smith in this matter on or about October 15, 2007. 3. An Amended Complaint was filed on December 7, 2007 in response to Preliminary Objections filed by Boyd. 4. Boyd filed an Answer with New Matter on December 20, 2007. 5. Plaintiffs filed a Reply to New Matter on January 15, 2008. 6. Discovery was conducted and an Arbitration of the matter was held on June 3, 2008. 7. Boyd filed an Appeal from the Award of Arbitrators on July 2, 2008. 8. Boyd has requested a trial by jury. 9. L.B. Smith desires a speedy resolution of this matter and has filed a Praecipe to List the Case for Trial. 10. A status conference is requested to set deadlines for any remaining discovery and to set a date for a jury trial. ? w 11. However, L.B. Smith would also like to discuss whether a resolution can be reached to withdraw the demand for a jury trial. 12. The Honorable Judge Hess has issued a discovery hearing order in this matter. 13. Defendant's counsel has not given a concurrence or non-concurrence in this motion, however, the same was faxed to Defendant's counsel on August 22, 2008 and no response to the request for concurrence was received. WHEREFORE, the Plaintiff, L.B. Smith Ford, Inc., respectfully requests that this Honorable Court enter an order scheduling a status conference. JOHNSON, DUFFIE, STEWART & WEIDNER By Mich #1 J. Cassidy I.D. 82164 Elizabeth D. Snover ID #200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATE: September 2, 2008 Attorneys for Plaintiff I CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, via certified mail and first class mail, postage prepaid, in Lemoyne, Pennsylvania, on the September 2, 2008. Vincent Monfredo Rominger & Associates 155 S. Hanover Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: S?? /4t? Elizabeth e. Snover TI cz? -TI 1 W i ... ?. a •^G. SFP 0 4 200 L.B. SMITH FORD, INC., Plaintiff V. JAMES BOYD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5509 CIVIL TERI,A , CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of ZW2Tav? '2008, upon consideration of the Petition for a Status Conference and any response thereto, a Status Conference is hereby scheduled for 2008 at-x-?,'1VAA. at the Cumberland County Courthouse in Judge's Chambers. BY THE COURT: Distribution: ? Michael J. Cassidy Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 ? Vincent Monfredo Rominger & Associates 155 S. Hanover Street Carlisle, PA 17013 t I " mtu U (20 1 Q??olo8 i ?\ i - AffR {'l ?cO `1 6N 6- S 66UZ L. B. SMITH FORD, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-5509 CIVIL JAMES M. BOYD, ; Defendant JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER AND NOW, this g^ day of October, 2008, following status conference, the following case management order is entered: 1. There is no outstanding discovery in this case. 2. The matter is ready to be listed for trial. 3. The defendant declines to waive jury trial. BY THE COURT, /Michael J. Cassidy, Esquire For the Plaintiff 6 ,//Karl E. Rominger, Esquire For the Defendant Am l261 4.8 m.Ut L£x'L /D?t?/oE3 /A A A. Hess, J. ki i? Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com L. B. SMITH FORD, INC., Plaintiff V. JAMES M. BOYD, Defendant NO. 07-5509 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-referenced matter terminated. Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Michael J. Cassidy, Esquire I. D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorneys for Plaintiff ROMINGER & ASSOCIATES By/ Vincent M. Mo fredo, Esquire I. D. No. 4 -7 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant :356405 8993-6 ¦ f . r CERTIFICATE OF SERVICE AND NOW, this _/I# day of February, 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the following by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: ?6? a, j2=A'Ca Beth A. Fetterhoff :358624 f? p C3 ti:17 co rIQ ,rr?