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HomeMy WebLinkAbout09-4284In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW FREDERICK CHEVROLET- CADILLAC, INC. t/a FREDERICK CERTIFIED PRE-OWNED Plaintiff No. D / ' Vs. DAMON M. BREHM, 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 Amended 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 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP By: A, 4 ?? Harry W. Fenton, ID #55656 Counsel for Plaintiff 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 Date: June Z ? , 2009 In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW FREDERICK CHEVROLET- CADILLAC, INC. t/a FREDERICK CERTIFIED PRE-OWNED, Plaintiff Vs. DAMON M. BREHM, Defendant COMPLAINT No. G. y- Y, --W f-r' " AND NOW, comes the Plaintiff, through its counsel and files this Complaint, asserting the following in support thereof: 1. Plaintiff is Frederick Chevrolet-Cadillac, Inc. t/a Frederick Certified Pre-Owned, a corporation organized and existing pursuant to the laws of the Commonwealth of Pennsylvania, having its principal place of business located at 1505 Quentin Road, Lebanon, Pennsylvania 17042. 2. Defendant is Damon M. Brehm, an individual who resides at 1010 Pisgah State Road, Shermansdale, Pennsylvania 17090. 3. On March 17, 2007, the parties entered into a Pennsylvania Motor Vehicle Installment Sale Contract, a copy of which is attached as Exhibit A. 4. In consideration for entering into the Agreement, Plaintiff provided Defendant with a 2005 Pontiac automobile. 5. Subsequent to signing the Agreement, the Defendant defaulted by failure to make payments as required. 6. As a result of the default, the automobile was repossessed and sold for a commercially reasonable value. 7. As a result of the default, Plaintiff sustained a loss in the amount of $3,863.12. 8. Despite demand made, Defendant has failed and refused to pay the $3,863.12 remaining due. 9. As a result of the breach of contract on the part of Defendant, Plaintiff has been damaged in the amount of $3,863.12. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against Defendant in the amount of $3,863.12 plus costs and interest. Respectfully submitted. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP By: H W. Fenton, ID #55656 Counsel for Plaintiff 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 Date: June Z? , 2009 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. FORM PA 23-SLC (Rev. 3/03) SIMPLE INTEREST PENNSYLVANIA unrnn vrn?n? r 1onTw? ? uroT nw? r nn urnwnT ., .. ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have paid after you The total cost of your purchase on The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit, including your downpayment a yearly rate. credit will cost you. of $ % $ $ , , Your Payment Schedule will be: No. of Payments Amount of Payments When Payments Are Due $ _ Monthly, beginning $ 0 0411 il c ! Security: You are giving a security interest in the motor vehicle being purchased. Prepayment: If you pay off early, you•will not have to pay a penalty. Filing Fees: $ A t A Late Charge: If a payment slate, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. a means estimate In this Contract IF YOU DO NOT MEET YOUR CONTRACT we are OBLIGATIONS, YOU MAY LOSE THE MOTOR the SELLER. r r a - • . f V DI E AND PROPERTY THAT YOU arse Addr ss` e+ B WITH THIS CONTRACT, AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE. You are This Contract is between Seller and Buyer. All the BUYER( disclosures have been made by Seller. Seller e( E ' ' '..' F,isEift Add (es ` ° ' - - Zip Code(s) intends to assign this Contract to the Assignee. If there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract, TRADE-IN: You have traded in the following vehicle: Y' fan ~i3 t.. Description If a balance is still owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf. You warrant and represent to us that any trade-in is free from lien, claim, encumbrance or security interest, except as shown in the Itemization of Amount Financed as the "Lien Payoff." PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against liability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance purchased will be for the term of the credit. We may receive a financial benefit from your purchase of credit insurance. By signing, you select Single Credit Life Insurance, What is your By signing, you select Single Credit Accident & What is your which costs age? Years Health Insurance, which costs $ 7 age? Years WIA Signature of Buyer to be insured for Single Credit Life Insurance Signature of Buyer to be insured for Single Credit Accident & Health Insurance By signing, you both select Joint Credit Life Insurance, which costs $: 2. ,. Signatures of both Buyers to be insured for Joint Credit Life Insurance What are your ages? By signing, you both select Joint Credit What are Percentage Accident & Health Insurance, which costs $ your ages? to be NIA insured 2. Signatures of both Buyers to be insured for Joint Credit Accident & Health Insurance Itemization of Amount Financed Cash Price $ NCI[ , AX $816 Cash Down`pa?meat` Trade-In Value of Trade-In Lien Payoff fofi ' `J`J Unpaid Cash Price B nce $ . To rA 7ti ut Ve Company To Public Official 'for: d s t License, Tags and Registration E N m Lien Fee N T i 0 d L llA $ O G o T n t0 B d T 67 $ * E a> To P?A Amount Finance Finance''C r VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is called the "Vehicle" in this Contract. N/t Year and Make Series Body Style No. C rel. Truck Ton Capacity eriai Number ?005 POW1 I AC SON US[ L' GkAND .PR I Y 6 fi ?al?tStif?55.1.2 i 4' Equipped _ A.T. _ P.S. _ AM-FM Stereo _ 5 Spd. Other 11 EXHIBIT 1 :. ElA ASSIGNEES We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." If the Assignee assigns $ the Contract tG a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and benefits of the Paymerft` fed`ule -`y'ou agree to pay Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when and if Seller makes an assignment. to us the Amount Financed plus interest in FRF:Gcti',L:t; (:'t!E'Vftdi..f?!?`? paymentsot AMP '>;? ? 1)?iE?MN RD PO N, 198 i.8 ,RM t /04? each, and a f?(I??I•p ment of CU-SI NER:' ny person signing the Co- N, 198 greement a ow pTofnlses separately and together with all Co-Signer(s) and Buyer(s), to pay $ The first all sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. CO-OWNER: Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and payment wil?ite on together with all Co-Owner(s) and Buyer(s), to perform all agreements in the Security Agreement and all other parts of this Contract except the RKentoonts "Promise to Pay" section. QI Q1due on that same day of each month TERMS: The terms shown in the boxes above are part of this Contract. following. rrtuMwt Iu PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash Downpayment and assigning the Trade-In, if shown above, on or before the date of this Contract, and paying us the Amount Financed plus interest. You promise to make payments in accordance with the Payment Schedule. You promise to make payments on or before the same day of each month as the first payment due date. You agree to pay all other amounts which may become due under the terms of this Contract. You agree to pay the Seller or Assignee costs of suit. You also agree to pay reasonable attorneys' fees if Seller or Assignee hires an attorney to collect amounts due under this Contract or to protect or get possession of the Vehicle. You agree to make payments at the place or to send payments to the address which the Assignee most recently specifies in the written notice to you. By signing below, we agree to sell the Vehicle to you under the terms of this Contract SELLER 1 t. r t - BY: 0. SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all required obligations under this Contract, you give a security interest in the Vehicle, in all p arts (called accessions") attached to the Vehicle at any later time, and in any proceeds of the Vehicle, including insurance proceeds. The Assignee may set-off any amounts due and unpaid under this Contract against any of your money on deposit with Assignee. This includes any money which is now or may in the future be deposited with Assignee by you. Assignee may do this without any prior notice to you. SIDE. YOU ARE OBLIGATED TO ALL THE TERMS OF THE CONTRACT WHICH APPEAR ON 114E FRONT AND REVERSE SIDES. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOIRR' LEGAL RIGHTS. , BUYER J_ G (SEAL) BUYER (SEAL) CO-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU' ON A SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. CO-SIGNER'S AGREEMENT: You, the person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perform all agreements in this Contract. You intend to be legally bound by all the terms of this Contract, separately and together, with the Buyer. You are making this promise to induce us to make this Contract with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have made any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. (SEAL) Co-Signer's Signature Co-Signer's Signature (SEAL) Address Dale Address Date CO-OWNER'S SECURITY AGREEMENT: You, the person signing below as "Co-Owner," together with the Buyer or otherwise being all of the Owners of the Vehicle, give us a Security Interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the "Promise To Pay" section. You are giving us the security interest to induce us to make this Contract with the Buyer, and to secure.the payment by the Buyer of all sums due on this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. (SEAL) ::o-Owner's Signature Address Date BUYER, CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT IT THE TIME OF SIGNING. IUYER BUYER CO-SIGNER NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. ANCONSUMER FORM PA 23-SLC tRev. 3/03) ORIGINAL - While - DEALER COPY - Canary - BORROWER'S/CO-SIGNER'S COPY - Pink - COPY - Goldenrod asodlbi am ya!yAti t7Q a3tae(eq`ay}"o} Ileyaq inoir-un-aoueApe-aiw-Aauow-Aue ppe II!m UM 'j13SNf10A 3SVH08fld aif100 nOA 30NvdnSNI NVH1 3DV83AOD SS31 AAA 301AO8d ONV 3AISN3dX3 38OW Al1NVOIJIN91S 30 AVW 3SVH08fld 3M 33NV8nSN1 3141 ;oeJ}uOD s!41 uo amo noA ueyl taleajS lou lunowe ue of pal!wg iq II!m aauejnsu! 4onS •sasodmd 9SO41 col ABUOw Aug Dauenpe 01 IOU 1O A34194M 10 a31o4a CO-SIGNER OR CO-OWNER 0 2003 BANCONSUMER SERVICE; INC. aaley any yuPiye4Ja Hoyt uv J}uvwncu III? aniaaa JIM am 1e41 uo!ldwnsse aqj uo palndwoo uaaq sey ap!s }uoil ay} uo umoys abieyo aoueu!j ayl •paoueu!j }unowV atil 1o aaueleq Hu!puels}no 941 uo Apep pa}ndwoo lsaaalul }o A!alos sis!suoa 0je40 aoueu!j aqj a2je40 aouetuj aqj pue paoueu!j }unowV aqj to wns aqj sl sluawbed 10 1e101 aql :031ndWOO SI S1N3wAVd JO TV101 3141 MOH 'T SNOWON00 aNV SW831IVNOIlIOad Date 4, .: .._ / ?• ??a4 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ? txt4? Of UIIrpber? ? t ,7 OFF ICE `7,F'rE -r RIFF FII } C'- t, rf I 1009 jul - t'1'1 --,: 51 0 Wt. 1INFY '` ? } `ti'1li Frederick Chevrolet-Cadillac, Inc. I vs. Damon M. Brehm Case Number 2009-4284 SHERIFF'S RETURN OF SERVICE 06129/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Damon M. Brehm, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice according to law. 06/30/2009 Perry County Return: And now June 30, 2009 at 1440 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Damon M. Brehm by making known unto Jennifer Brehm, wife of defendant at 1010 Pisgah State Road Shermans Dale, PA 17090 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 July 07, 2009 SO ?? R'T iOMAS KLINE, SHERIFF Frederick Chevrolet-Cadillac IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Damon M. Brehm No. 09-4284 Civil CulTherland SHERIFF'S RETURN And now June 30 , 2009: Served the within name Damon M. Brehm the defendant(s) named herin, personally at his place of residence in Carroll Twp- 1010 Pisgah State Rd., Shermans Dale, Perry County, PA, on June 30, 2009 at 2:40 o'clock PM by handing to Jennifer Brehm, defendant's wife 1 true and attested copy(ies) of the within Complaint and made known to her the contents thereof Sworn and subscribed to before me this- /5 f day of ?, COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MPAGARE-1 F. RICYINGER, Notary Public Bloomfield $W0. Perry County Commission Expires Feb.18,2012 So answers A-epee Res _/ . 17e Deputy Sheriff of Perry County In The Court of Common Pleas of Cumberland County, Pennsylvania Frederick Chevrolet-Cadillac, Inc. t/a Frederick Certified Pre-Owned 09` 6*1 vs.y Damon M. Brehm 1010 Pisgah State Road Shermansdale, PA 17090 f t> f' Is I S C', Civil No. 2009-4284 Now, June 29, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before COSTS me this day of 20 SERVICE $ - MILEAGE AFFIDAVIT In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW FREDERICK CHEVROLET- No. 09-4284 CADILLAC, INC. t/a FREDERICK CERTIFIED PRE-OWNED, Plaintiff Vs. DAMON M. BREHM, Defendant PRAECIPE TO ENTER DEFAULT JUDGMENT TO: CUMBERLAND COUNTY PROTHONOTARY Please enter judgment upon failure of the Defendant to respond to the Complaint, in favor of the Plaintiff, Frederick Chevrolet-Cadillac, Inc., t/a Frederick Certified Pre-Owned and against the Defendant, Damon M. Brehm, in the amount of $3,863.12, together with costs and interest. I hereby certify that notice of the intention to file this judgment was sent to the Defendant on July 29, 2009, with a copy of the notice and a copy of the certificate of mailing attached. Respectfully submitted. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP By: Harf? W. Fenton, ID #55656 Counsel for Plaintiff 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 21g, Date: August la, 2009 In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW FREDERICK CHEVROLET- No. 09-4284 CADILLAC, INC. t/a FREDERICK CERTIFIED PRE-OWNED, Plaintiff Vs. DAMON M. BREHM, Defendant NOTICE TO: DAMON M. BREHM 1010 PISGAH STATE ROAD SHERMANSDALE, PA 17090 Date of Notice: July 29, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 PHONE: (717) 249-3166 REILLY, WOLFSON, SHEFFEY, SCHRUM & LUNDBERG LLP ;54? Harryy. Fenton - ID #5565 Attorney for Plaintiff DATE: July 29, 2009 U.S. POSTAL SERVICE CERTIFICATE OF MA IG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, D?-., NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Really, Wolfson, SheffeY Schrum and'_undberg ..&II Road L.abanon, PA 17042-7406 One piece of ordinary mail addressed to: `Y DAMON M. BREHM g 1010 PISGAH STATE ROAD SHERMANSDALE, PA 17090 e and ire of . urrent S K ° ° uwr? D O N ° •? In co , ? ! y m ? - L v O °r- Z M (0 m N 00 m N co O 0 PS Form 3817, Mar. 1989 fGC. J• pj,r'chNl GF TKE 20G! 9„? 2a i 1? *14-00 Pty MIT'T`/ aa?cc? "&,Ma.J" In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW FREDERICK CHEVROLET- No. 09-4284 CADILLAC, INC. t/a FREDERICK CERTIFIED PRE-OWNED, Plaintiff Vs. DAMON M. BREHM, Defendant RULE 236 NOTICE TO: Damon M. Brehm 1010 Pisgah State Road Shermansdale, PA 17090 This is to notify you, that judgment has been entered against you in the amount of $3,863.12 in the matter of Frederick Chevrolet-Cadillac, Inc., t/a Frederick Certified Pre-Owned, at Action No. 09-4284, on 8klo%9 Pro onotary l*d County In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW FREDERICK CHEVROLET- No. 09-4284 CADILLAC, INC. t/a FREDERICK CERTIFIED PRE-OWNED, Plaintiff Vs. DAMON M. BREHM, Defendant PLAINTIFF'S PETITION FOR ATTACHMENT AND ADJUDICATION OF CIVIL CONTEMPT Plaintiff, Frederick Chevrolet-Cadillac, Inc. by and through its counsel, petitions this court to issue a writ of attachment against Defendant Damon M. Brehm for civil contempt and represents as follows: 1. Judgment was entered against Defendant on August 26, 2009. 2. On September 8, 2009, the Cumberland County Prothonotary issued a subpoena pursuant to Pa. R.C.P. 234.2 to compel Defendant to appear for oral examination. A copy of the subpoena is attached as Exhibit "A". 3. The subpoena was personally served upon Defendant by Constable on September 18, 2009 at 1010 Pisgah State Road, Shermansdale, Pennsylvania. A copy of the return of service, signed on September 21, 2009, is attached as Exhibit "B". 4. Defendant willfully failed, neglected, and refused to appear on September 30, 2009 for oral examination pursuant to the subpoena served upon him. 5. As a result of Defendant's failure to appear pursuant to the subpoena, Plaintiff has incurred costs in the amount of $ 138.00 and will be forced to incur additional costs and attorney's fees in connection with enforcing the subpoena. WHEREFORE, Plaintiff requests the immediate entry of a rule to show cause on Defendant, and upon subsequent hearing, an adjudication that Defendant is in civil contempt of this Court's subpoena, and that the following sanctions be imposed upon Defendant. (a) That Defendant be ordered to appear for a deposition on a date certain; (b) That, upon further failure to appear, a bench warrant be issued for his arrest, (c) An unconditional fine, payable to Plaintiff, in the amount of all damages suffered by plaintiff due to Defendant's noncompliance with the subpoena, including all attorney's fees and other costs incurred by Plaintiff in enforcing the subpoena; (d) Judgment in favor of Plaintiff and against Defendant in the amount of the foregoing unconditional fine; (e) Such other relief as the Court may order. Respectfully submitted. REILLY, WOLFSON, SHEFFEY, SCHRUM AND LUNDBERG LLP By: acob C. Lehman, ID #306808 Counsel for Plaintiff 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 Date: October Z?i , 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FREDERICK CHEVROLET CADILLAC, INC. V. D4MON , M. BREHM File No. 09-4284 SUBPOENA TO ATTEND AND TESTIFY TO: DAMON M. BREHM 1010 PISAGH STATE ROAD SHERMANSDALE, PA 17090 1. You are ordered by the court to come to 1601 CORNWALL ROAD, LEBANON, PA 17042 (Specify Courtroom or other place) at LEBANON , LEBANON County, Pennsylvania, on SEPTEMBER 30, 2009 at 3: 00 o'clock, . P • M,. to testify on behalf of FREDERICK CHEVROLET r`nflrr.r.a(,. TNr_ 2 in the above case, and to remain until excused. And bring with you the following: ALL MATERIALS LISTED IN THE ATTACHED NOTTCF OP DEPOSITION. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: HARRY W. FENTON Address: -1601 CORNWALL ROAD LEBANON, PA 17042 Telephone: 717 273-3733 Supreme Court ED # 55656 BY THE COURT: Prothonotary/Clerk, Civil Division Date: - g ,7-e5?i',9\ ? i'? zz? Meal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW FREDERICK CHEVROLET- No. 09-4284 CADILLAC, INC. t/a FREDERICK CERTIFIED PRE-OWNED, Plaintiff Vs. DAMON M. BREHM, Defendant CERTIFICATE OF SERVICE I, Irving Wallace, Pennsylvania State Constable, hereby certify that I served a Subpoena to Attend and Testify issued in the above case to Damon M. Brehm, by handing that document directly to him at 1010 Pisgah State Road, Shermansdale, Pennsylvania, on September , 2009, at MIN _11 .m. r==," Irving Wallace, Pennsylvania State Constable Date: September Z( , 2009 RLe)- ? OF THE MOTHMTOW ZU9 0CT 23 ONex 2 t "A FUJIG C("m 'COT b 2004 (k In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW FREDERICK CHEVROLET- No. 09-4284 CADILLAC, INC. t/a FREDERICK CERTIFIED PRE-OWNED, Plaintiff Vs. DAMON M. BREHM, Defendant ORDER AND NOW, this o2 -4 day of October, 2009, upon consideration of Plaintiff's petition for rule and adjudication of civil contempt, a RULE is hereby entered upon Defendant Damon M. Brehm to show cause why Plaintiff's petition should not be granted, and an attachment and citation of contempt issued as requested by Plaintiff. Said Rule is Returnable on the ? day of r 2009, at e?? o'clock 11-0.m. in Courtroom No. before the Honorable yyrl . Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. A copy of this Order and a copy of the attached Petition shall be personally served upon the Defendant pursuant to Pa. R.C.P. 402. BY THECOURT, J. J t,. length of hearing hour ALED--OFFIGE OF THE P -1 -" j W TARY THE 20II0, OCT 30 AH 11: 36 CUN,; j o3 n Da Irv, , M 01- 4