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Home My WebLink About07-5892MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7374 ATTORNEY FOR PLAINTIFF SPANKEY'S AUTO SALES, INC. d/b/a Spankey's Auto Sales of Carlisle, Plaintiff VS. BENNIE WRIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 58ga CIVIL CIVIL ACTION - LAW JURY TRIAL 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 PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SPANKEYS AUTO SALES INC. - BENNIE WRIGHT / DISK 115 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7374 SPANKEY' S AUTO SALES, INC. d/b/a Spankey's Auto Sales of Carlisle, Plaintiff vs. BENNIE WRIGHT, Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 5P 9-- CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff by and through its attorney, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, SPANKEY'S AUTO SALES, INC., d/b/a Spankey's Auto Sales of Carlisle, is a Pennsylvania corporation with its principal place of business of 701 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, and which has a dealership at 1702 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, BENNIE WRIGHT, is an adult individual who resides at 7073 Carlisle Pike, Lot 85, Carlisle, Cumberland County, Pennsylvania. 3. On or about January 2, 2007, Defendant purchased a 2004 Chrysler Pacifica ("Vehicle") from Plaintiff in the amount of $16,793.70. Attached hereto and marked as Exhibit A is a true and correct copy of the contract. 4. Defendant agreed to pay Plaintiff for the Vehicle in the amount of $16,793.70. 5. Defendant initially sought to finance the Vehicle and completed the documentation needed for the bank financing. 6. On or about January 11, 2007, the Vehicle was stolen. 7. Upon having the Vehicle stolen, the bank refused to provide financing for Defendant for the purchase. 8. Defendant was always obligated to pay for the Vehicle under the terms of the contract and the fact that he had initially been approved for financing for the contract did not excuse his obligation to pay for the Vehicle in accordance with the terms and conditions of the contract. 9. As a result of the Defendant's financial institution's failure to pay for the Vehicle, Plaintiff has not received payment for the Vehicle. 10. Defendant breached his agreement with Plaintiff by his failure to pay for the Vehicle in accordance with the terms and conditions of the contract. 11. Plaintiff has been damaged as a result of Defendant's breach of the agreement since Defendant had the Vehicle and Plaintiff has not been paid for the Vehicle. 12. Plaintiff has been damaged by the breach of the agreement with Defendant in the amount of $16,793.70, that being the amount due and owing by Defendant to Plaintiff for the Vehicle. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $16,793.70, plus interest and costs of suit. Respectfully submitted, i' MICHAEL L. BAN . . #41263) Attorney for Plaintif 429 South 18th Street, Camp Hill, PA 17011 (717) 730-7310 2 SPANKEY S AUTO SALES INC. - BENNIE WRIGHT / DISK 115 VERIFICATION DONALD B. LEGGETT, being duly sworn according to law, deposes and says that he is the President of Spankey's Auto Sales, Inc., a Pennsylvania corporation, the Plaintiff herein, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SPANKEY'S AUTO SALES, INC. BY: D ALD B. LEGG T, Xesident EXHIBIT A DEAL J! PAWEYS STOCK NO. A A Platinum PreOwned Dealership 19502 I III IV j MAIN ST, MECHANICSBURG, PA 17055 ? ROUTES 11 & 15, SUMMERDALE, PA 17025 O 1702 HARRISBURG PIKE, CARLISLE, PA 17013 O 532 W. 4TH STREET, LEWISTOWN, PA 17044 PHONE' (717) 737-7777 PHONE: (717) 732-7777 PHONE (717) 241-2410 PHONE (717) 2473777 0 New M U Used I] Demo Q Rental/Le a (] Other PURCHASEq HOME BUSINESS NAME ?ENNIEJ WRIGHT - PHONE(717)4U-S1y7 PHONE (717)245-2557 ADDRE59'O73 CAkI-ISLE PIKE tOT 8S CARrrSIF PA 17ntS DATE0I/02 I HEREBY PURCHASE FROM YOU, SUBJECT TO ALL TERMS, CONDITIONS, AND AGREEMENTS CONTAINED HEREIN, THE FOLLOWING: YEAR MAKE MODEL BODY TYPE COLOR 2004 _ CHRYSLER PACIFICA SERIAL NUMBER MILEAGE SALESMAN 2CSGM68434R545990 ?__0) DESCRIPTION TRADE-IN SELLING PRICE: 17955. 0 YEAR MAKE MODEL COMMENTS: 1994 .MAYDA ROTFGE TYPE SERIAL NUMBER •r MILEAGE LICENSE NO. TITLE NO. 36 COLOR EXPIRATION DATE GREEN PAYOFF DUE TO'. STOCK NO. 9502A • • TOTAL SELLING PRICE WCLUDING RECENT REPAIRS INSURANCE CO. SAFE AU FU DEALER-INSTALLED OPTIONAL ACCESSORIES I POLICY NO. LESS: TRADE ALLOWANCE EFFECTIVE DATE AGENT TAXABLE SUBTOTAL 16170 00 AGENTS ADDRESS/PHONE NUMBER . SALES TAX 6.000 % rUATF TAX C170 SOLD WITH MANUFACTURER'S LIMITED WARRANTY. ? TAG FEE Spankey's Auto Sales, Inc. (Dealer) will provide a limited warranty on this vehicle following delivery for 30 days or 1000 miles, whichever comes first. Dealer will LIFE A&H pay 50% and customer will pay 50% for covered items based on the retail basis TITLE FEE of parts and labor used. This warranty covers the engine (including pistons, rings, crankshaft, crankcase, and engine bearings), the transmission, and the rear end. This warranty does not cover valve cover gaskets, seals of any kind, fluids, tires, battery, ENCUMBRANCE IS @0 glass clock heater radio or seats and other upholstery 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. Unauthorized repairs DOG/NOTARY FEE qi;jin will not be paid. You are responsible for tear-down and repair costs if it is determined that failed component(s)/part(s) are not covered under this limited warranty. All work must be done at our shop. This limited warranty is in lieu of any other warranty either PAYOFF AMOUNT expressed or implied, including the implied warranty of merchantability and fitness for a particular purpose. TOTAL PRICE 17293. 0 Dealer's Signature LESS: DEPOSIT 500 - 0 Customer's Signature COD ? SOLD AS IS. This motor vehicle is sold as is without any warranty BALANC E ON DELIVERY FINANCE either expressed or implied, including the implied warranty of CONSUMER PORTFOLIO SER 16793 10 . merchantability and fitness for a particular purpose. The purchaser will bear the entire expense of repairing or correcting any defects that presently exist or that may occur in the vehicle. As purchaser I am accepting this BUYER AC DGES CEIVINGA SIGNED vehicle without any guarantees as to the year and model and without any COProF CONT (SEE BELOW - A & B) 1 guarantees against any and all mechanical defects, and also without a recent state inspection. Delivery of this vehicle is made at my own risk and I will not hold the seller or any of its agents responsible for anything that SER may happen to this vehicle at any time in the future. There are no verba understandings in connection with this sale and I intend to be bound by this declaration. PURCHASER BUY OE YCustomer's Signature Witness D NTATIVE A. This contract is not bi nding upon either the dealer or the purchaser until signed by an authorized dealer and representative. You, the buyer, may cancel this contract and receive a full refund any time before receipt of a copy of this contract signed by giving written notice of cancellation to dealer. B. This contract is not binding upon either the dealer or the purchaser until signed by an authorized dealer representative. You, the buyer, may cancel this contract and receive a full refund any time before receipt of a copy of this contract signed by an authorized dealer representative by giving written. notice of cancellation to dealer. t-J cm W 00 So r.. _a7 cv MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO.41263 429 SOUTH 18 rH STREET CAMP HILL, PA 17011 (717) 730-7310 SPANKEY'S AUTO SALES, INC., ) IN THE COURT OF COMMON PLEAS d/b/a Spankey's Auto Sales of Carlisle, ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA VS. ) NO. 2007-5892 CIVIL BENNIE WRIGHT, ) CIVIL ACTION - LAW Defendant ) JURY TRIAL DEMANDED TO: BENNIE WRIGHT 7073 Carlisle Pike, Lot 85 Carlisle, PA 17013 DATE OF NOTICE: October 31, 2007 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN b-chlet t I?Z"w MICHAEL L. BANGS Attorney for Plaintiff rT, . _, ? ray SHERIFF'S RETURN - REGULAR CASE NO: 2007-05892 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPANKEY'S AUTO SALES INC VS WRIGHT BENNIE RONALD HOOVER Sheriff or Deputy Sheriff of WRIGHT BENNIE Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the DEFENDANT , at 1818:00 HOURS, on the 17th day of October at 7073 CARLISLE PIKE LOT 85 CARLISLE, PA 17013 LORIE RADABAUGH by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Postage .58 Surcharge 10.00 00 11/01/6 2 V38.18 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/23/2007 MICHAEL BANGS By: Deputy Sheriff A. D. 2007 R 14 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF SPANKEY' S AUTO SALES, INC., t/d/b/a Spankey's Auto Sales of Carlisle, Plaintiff vs. BENNIE WRIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5892 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against Defendant in the amount of $16,793.70, plus interest, plus costs of suit, for his failure to file a responsive pleading in the above-referenced matter. I hereby certify that the attached Notice in accordance with Rule 237.1(a)(2) was mailed by regular mail on or about October 31, 2007, to the Defendant at 7073 Carlisle Pike, Lot 85, Carlisle, Pennsylvania, 17013. submitted, ? //,//I I MICHAEL L. BANGS Attorney for Plaintiff Date: 4' 429 SOUTH 18"" STREET CAMP HILL, PA 17011 (717) 730-7310 SPANKEY' S AUTO SALES, INC., ) IN THE COURT OF COMMON PLEAS d/b/a Spankey's Auto Sales of Carlisle, ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA vs. ) NO. 2007-5892 CIVIL BENNIE WRIGHT, ) CIVIL ACTION - LAW Defendant ) JURY TRIAL DEMANDED TO: BENNIE WRIGHT 7073 Carlisle Pike, Lot 85 Carlisle, PA 17013 DATE OF NOTICE: October 31, 2007 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 4 CHAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF SPANKEY'S AUTO SALES, INC., ) IN THE COURT OF COMMON PLEAS t/d/b/a Spankey's Auto Sales of Carlisle, ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA VS. ) NO. 2007-5892 CIVIL BENNIE WRIGHT, ) CIVIL ACTION - LAW Defendant ) JURY TRIAL DEMANDED ADDRESS CERTIFICATION I hereby certify that the addresses of the Plaintiff and Defendants are as follows: Plaintiff: Spankey's Auto Sales, Inc. 701 E. Locust Street Mechanicsburg, PA 17055 Defendant: Bennie Wright 7073 Carlisle Pike, Lot 85 Carlisle, PA 17013 Z. hAjAf MICHAEL L. BANGS Attorney for Plaintiff 00 C;. r-.a c. ? MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18`x' Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF SPANKEY'S AUTO SALES, INC., ) IN THE COURT OF COMMON PLEAS t/d/b/a Spankey's Auto Sales of Carlisle, ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA VS. ) NO. 2007-5892 CIVIL BENNIE WRIGHT, ) CIVIL ACTION - LAW Defendant ) JURY TRIAL DEMANDED NOTICE PURSUANT TO RULE 236 TO: BENNIE WRIGHT, Defendant(s) You are hereby notified that on 1.1 , 20og , the following (Judgment) (Order) (Decree) has been entered against you in the above-captioned case: $16,793.70, plus interest plus costs of suit. DATE: Pro onotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Bennie Wright 7073 Carlisle Pike, Lot 85 Carlisle, PA 17013 A: BENNIE WRIGHT, Defendido/a o Defendidos/as Por este medio se le esta notificando que el de del 20 , el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $16,793.70 plus interest plus costs of suit. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Bennie Wright 7073 Carlisle Pike, Lot 85 Carlisle, PA 17013