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HomeMy WebLinkAbout09-4633NORDSTROM SELECT, IN THE COURT OF COMMON PLEAS AUTO, LLC, OF PENNSYLVANIA Plaintiff CUMBERLAND COUNTY BRANCH V. :: NO. 2009 - y(a33 Civil term DENNIS P. WIMER, Defendant CIVIL - LAW NOTICE TO DEFEND 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 defense 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 OFFICES SET FORTH BELOW. THESE OFFICES CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE OFFICES MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013-3308 (717) 249-3166 ALLEN W OFFICE B i of y N. Atherton, Esquire 224 MARKET STREET NEWPORT, PA 17074 ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 NORDSTROM SELECT AUTO, LLC, Plaintiff V. DENNIS B. WIMER, Defendant IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH NO. 2009 - S/G3 (??;(Tu.., :: CIVIL -LAW COMPLAINT AND NOW, to wit, this - ??day of July, 2009, comes the Plaintiff, Nordstrom Select Auto, LLC, by and through its attorneys, the Allen E. Hench Law Office, and for its Complaint, alleges as follows: 1. Nordstrom Select Auto, LLC is a Pennsylvania limited liability company having a place of business at 5270 East Trindle Road, Mechanicsburg, Pennsylvania 17050. 2. Dennis B. Wimer is an adult individual, sui juris, residing at 129 South Duke Street, Lancaster, Pennsylvania 17602. 3. On or about March 18, 2009, the Defendant, Dennis B. Wimer, agreed to purchase from the Plaintiff a 2001 BMW 325 XI Sedan, VIN # WBAAV33491EE76046 (hereinafter the "BMW") for the total price of $12,757.50. A copy of the sales agreement is attached hereto and made part hereof as Exhibit A. 4. On or about March 21, 2009, the Defendant, Dennis B. Wimer, gave the Plaintiff a check - No. 2759 - in the amount of $12,757.50 in ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 consideration for the purchase of the BMW. A copy of said check is attached hereto and made part hereof as Exhibit B. FAX: (717) 567-3130 WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of $8,757.50, plus costs, interest, and attorney's fees and such other relief as the Court deems just. COUNT TWO Replevin 12. The allegations of paragraphs 1 through 11 above are incorporated herein as though fully set forth. 13. On or about March 21, 2009, Plaintiff released the BMW to the Defendant, pursuant to the terms of the contract attached hereto as Exhibit A. 14. After the Defendant's check in the amount of $12,757.50 was dishonored, the Plaintiff stopped the title transfer process and is still the holder of the title to said vehicle. 15. The reasonable value of the BMW is $12,757.50. 16. The Plaintiff believes, and therefore avers, that the vehicle is located at the Defendant's residence, 129 South Duke Street, Lancaster, Pennsylvania 17602. 17. The Plaintiff breached the contract to purchase the said BMW by making a check which was dishonored by the bank. 18. Defendant also breached the underlying contract by making a second check in the amount of $8,757.50, which was dishonored. ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 19. Because the Defendant breached the Agreement of Sale, Plaintiff has retained title to the BMW. FAX: (717) 567-3130 5. On or about March 30, 2009, Dennis B. Wimer's check - No. 2759 - in the amount of $12,757.50, was returned by Fulton Bank of Cumberland County to Plaintiff for insufficient funds. A copy of Fulton Bank's insufficient funds notification is attached hereto and made part hereof as Exhibit C. 6. Following notification to the Defendant, Defendant appeared at Plaintiff's place of business and paid to Plaintiff $4,000 in cash and gave Plaintiff Defendant's check - No. 2762 - in the amount of $8,757.50. 7. On or about April 10, 2009, Defendant, Dennis B. Wimer's, check - No. 2762 - was returned by Fulton Bank to Plaintiff for insufficient funds. A copy of the Fulton Bank insufficient funds notification is attached hereto and made part hereof as Exhibit D. COUNT ONE Breach of Contract ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 8. The allegations of paragraphs 1 through 7 above are incorporated herein as though fully set forth. 9. The BMW Plaintiff sold to the Defendant was of merchantable quality, contained no major defects, and had a market value equal to, or exceeding, the price that the Defendant agreed to pay -i.e.- $12, 757.50. 10. Defendant has made no complaints to Plaintiff that there were any problems or defects with the vehicle. 11. Despite the Plaintiff's repeated demands, the Defendant has refused, and continues to refuse, to pay Plaintiff the balance due on the contract to wit: $8,757.50. FAX: (717) 567-3130 20. Plaintiff has the right to immediate possession of the BMW. 21. Plaintiff has been and will continue to be damaged by Defendant's wrongful detention of Plaintiff's property in an amount that cannot be computed until the return of Plaintiff's property, including, but not limited to, amounts expended in recovering Plaintiff's property. WHEREFORE, Plaintiff demands judgment in replevin in its favor and against the Defendant for: 1) the possession and delivery of the BMW; or 2) the value of the value of the BMW with interest to the date of trial in case of possession and delivery cannot be had, being a sum within the mandatory arbitration limits set by the court; 3) the depreciation in value to the BMW caused by or resulting from the Defendant's unauthorized retention and use of the vehicle; and 4) any and all other relief which this court deems appropriate. Respectfully submitted T E. Hench Law Office Timothy N. Atherton, Esquire Attorney I. D. No. 19656 220 Market Street Newport, PA 17074 Phone: (717) 567-3139 Attorney for Plaintiffs ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 VERIFICATION I, James E. Marley, Member and sole owner of Nordstrom Select Auto, LLC hereby state that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsifications to authorities. NOR ROM SELECT AUTO, LLC Date: - ?- By J es E. Marl , Member Atherton, Tim/Nordstrom Select Auto - Complaint - 7-09 ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 OIL% -- 5270 E, Trindle Road Q3MM_ VurChaser N>sm0_ 1 0 Mechanicsburg, PA 17050 Sales 717-796-0730 Address Sprvice 717.697-9763 A21 www.Nordatr mSelectAuto.com Phone MEREG? URCHASE FRCNI YOU. SUBJECT TO ALL TERMS, CONDITIONS, AND A3RfdE1v1ENTS CONTAINED NcREIN, THE FOLLOWING: pY TYPE -OLOR MAKE MOD L A, r ?j ?ve r 'AN I EA 8ER SELLING PRICE, t DESCRIPTION OF TRADE-IN _Aa Mr _ tL COMMENTS: ? l =aS_ L tN? I Nla' J' XPI ATION DA ' I •;cc :;r,, .t 5 CCK NO ( r * ' TOTAL SELLING PRICE t N_U AN CE C ;O TRADE ALLDWANCE AE S ffTAXA81LE SJBTOTAI. 1I , i V I bp)G r11 'a SALES TAX rr....?,; ? nDr.wE S, y . NUI 1 Ir? ? . V ., Z, r• t trU 7'T TAG =EE SOL WITH LIMITED WARRANTY. Nordstrom SelectAUM(00aler) will rovide a limited warranry on tNs vehicle following delivery for 30 days or 1000 rDOCINOTAA ?-?des, Mohave, comes firs'. Dealer wll pey M and customer will pay 50% for Lovered its Osseo or the rretai! ossis of parts and Iabcr used This warranty covers the ?nQ;r a UnC1 dm pi51011 r,n g, Crankshati, Crankcase, and engine bearings), the NCE ••ar.5n+ssrcr and the rear ynd AThl,, warranty does no! cover valve Cover gaskets, seals C! anv k,rd ulds. tires. battery, glass. clock, healer, radio o• seats and other uphclslary. Tho ,derma on you see on iho window form for this vehicle ie pas of this contract Y FEE ?n'ornalion nthe window form overrdes a•ly contrary provisions in the contract of sale. U,+auinont rep,'ivr, will not be pain. You are responsble for mar.down and repair Costs -" "??? ;t +s deter Inoo that failed component(s)/pains) are not covered under this limited PAYOFF AMOUNT warranty Al! ,vork mLst be done at our shop. This limited Warranty is in lieu of any other warranty eat r expressed or implied. including Ine impliec warranty of merchantability TOTAL PRICE 1) 1? :,na trness r a pancular 3upose _ Darer s Sr ature-__ -_.. La1I5 DEPOSIT COD Cusomer•s 'IQnature ...... .... _.. _ _? _._.__. .__.._ ?? SOL AS IS, This motor vehicle is sold as is without any warranty either eALANCE QQIh?7l15FCti,VERV,.,_, htn{?nt: exprg. ad or implied, including Ine irnpiie0 warranty of marchantabil!ty and Illness J 1 Of a Oicutar purpos?. The i:urchaser will bear the ertire expense of repairing / -•;rlertir q any detects mat presently exist or that may occur is the vehicle, As ALLEN E. FiLJtiaSer t m Accepifng the vehicle with" any guarantees at to the year Arlo model / ATTOR EY+FtA1pl:ndu any guarantees against any and ell mechanical dtlocts, and also withr;n 8 x puRC.kASER •e:ont std? ;nspeclior•. pelivery of this vehicle is made at my own risk and I will noi,•old 4 selie• n any of its agents responsibia for anything that may happen to ihmveniate?•atf"' zzo M RKBT.6-r3e f ,n Ine tu'utO 'there are no verbal understandings In connection with this sale PLjRCMASEr? NewPO IT, g?rpdrr'er, to oe OOUnd ay In s declttr8tion, BUYEClsWrT!FlE3 Tt A HEr$HE IS 1a YEARS Of AGE OR OLCER I ! I r TEL (71 ) 56?7 4I.9rrrer S+onawfe FAX: (71 ) 567-3130 q OR AUTHORIZE REPRESFNTATtv'E ru w r m 3 O jru" 114 ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 Exk 13 N FAX: (717) 567-3130 F lton Bank Cumberland Pkwy 1 95 State Street E st Petersburg PA 11520 NORDSTROM SELECT AUTO LLC T/A NORDSTROM SELECT SERVICE C/0 GIFT & ASSOCIATES MECHANICSBUk?G PA 11055-0567 De4r Customer: Dates 03-30-2009 ?ih following deposited item was returned and charged to your account for the re son indicated. The amount of any fees that you incurred as a result of th s entry is indicated below. If you have any questions or need as i,stance please contact us at 1-800385-8664. return Reason: NSF-INSUFFICIENT FUNDS 4aker Name: REFER TO ITEM BELOW kcCoun-: 362163400 item Amount: 12 1757.50 ?ee Amount : 10.00. • .:.:? Please detach the Substitute check below. Shia is a I.Ef3AL copy of your check. You can use it the games way you would US* the origins.1 oh6ck. -DBTACH? *03 301422• Q3 0/2009 u0 17008950 This is a COPY of your ru o pr?tNlS 0. W7ME1t , 2759 chedL You n use a the same `, t21SCt HOU0: Rai LA .4 Id use ttk oripinsl : r tJNtCAS FA ,`s C2 n will Nom. 5 . 139 RETUR REASON (A) 1 NOT SUF ICIENT FUNDS p uc O fu Cf TT;i ..q a Dower W 1 ?otIROdMLd ?wa1 N • ALLEN E. HENCH (? C7 ATTORNEY AT LAW R1 O 93 220 MARKET ST. M/ ?s ?5 SOB 2 i44ti OODOOtiti 2 ?' 2 013130 245450.E NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 til:251082L941-6 00000442611192759 .11000127575o Exklb I+ C F !ton Bank .Cumberland Pkwy 1 95 State Street E st Petersburg PA 17520 'NORDSTRO14 SELECT 'AUTO LLC TEA ? NORDSTROM SELECT SERVIGL'? CIO GIFT a ASSOCIATES Po Box 567 MECMMICSBURG PA 17055-0567 Date: 0410-2009 oe r Customer: Th following deposited item was returned and charged to your account for the reason indicated. The amount cf any fees that you incurred as a result of this entry is indicated below. If you have any questions or need a istance please contact us at 1-800-385-8664. Return Reason: NSF-INSUFFICIENT FUNDS Maker Name: REFER TO ITEM BELOW .. 4'60' ' ` ,: • ., Account: 36 21 6 „ . Item Amount: 8,75.7.50 : Fee A1noUTlt 10.00. = - .. ...c. ,- . i ;i : J• f n Please detach the eubstituto check below. This is a TAGAL CORY of you= check. you can use it the aaa® say you would use the original check. s0 3II1422* ? ?- +.ti. xw,?:•.?.';y?r'R94;r•'!hbor _,... ,r•.v••y.-..?.v?rt 1Wr.±u •• t*: 00%.... 04, 10/2004 ZZ? 40 0048770 tYVI$a This Is a chock. r L COPY o[ your use it the same %%O .0 ru t"SOMD US MT LANCASM PA 1760 L? way you 1d use the orlglnal p check. 0 RETUR NOT SU REASON (A) ICIENT FUNDS ti C7 %. vmn 4. / ,Ais 10 I M ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 .r *. cu- .. ru © to ,. , . ". ru ? ? ' '??r?trawkAkcorsoo?ar?uturooM Q C2 . ?n?eksOrroatMrt.w?WOw?wMl?r?ass uWfl,CGI?i -. • r m ,0Q 00?Z1 ?? C3 %: 25 L08 i i9's'i 00000416 •N H6 G -Air %I- 161: 2 5 LOS 2 L q 4l: 0000014 4 n w M 2 .1.00008 7 5 7 5C 10 1 + 0 OF T{ r" f 4 2 ftil fUl 7 JI'tiaL E0 V 1 1 C.. ?, ' ._r Y Ike 478.50 Po ATN ce Rol 3 R,T* aa.18&,2 Sheriffs Office of Cumberland County R Thomas Kline Sheriff ?,t?, Ronny R Anderson ??„ Chief Deputy Jody S Smith Civil Process Sergeant OFF CE OF THE St-ERIFF Edward L Schorpp Solicitor 1LtU-i r ,1f 2 11iSF.,''u 12 A Q.3j 1 Lyle t Nordstrom Select Auto, LLC vs. Dennis B. Wimer Case Number 2009-4633 SHERIFF'S RETURN OF SERVICE 07/13/2009 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: Dennis B. Wimer, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Complaint and Notice according to law. 08/07/2009 10:05 AM - Lancaster County Return: And now August 7, 2009 at 1005 hours I, Terry A. Bergman, Sheriff of Montgomery County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Dennis B. Wimer by making known unto himself personally, defendant at 50 N. Duke Street Lancaster, PA 17602 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, ?- August 11, 2009 RTHOMAS KLINE, SHERIFF t" r ?% SHERIFF'S'OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717) 299-8200 SHERIFF SERVICE PLEASE MAKE SURE. FO x? PROCESS RECEIPT, and AFFIDAVIT of RETURN LEGIBLY L. PLAINTIFF/S/ 2. COURT DOCKET NUMBER NORDSTROM SELECT AUTO LLC 2009-4633 3. DEFENDANT/S/ 4. TYPE OF DOCUMENT TO BE SERVED DENNIS P WIMER NOTICE AND COMPLAINT SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED DENNIS P WIMER 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 1129 S DUKE STREET, LANCASTER PA 17602 Now, 20 1 SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of County to execute the writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff Sheriff of Lancaster County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: UMBERLAND CO • NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN • Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. V. SIUNA I UKt Uf A I I UKNtY UK U I MtK UKIL31NA I UK Print Name 10. TELEPHONE NUMBER 11. DATE ITIMOTHY ATHERTON 567-3139 Jul 10, 2009 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) ALLEN E HENCH LAW OFFICE. 224 MARKET ST. NEWPORT PA 17074 R# 13.1 acknowledge receipt of the writ NAME of authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above J.MELEND2 - - r-09 ?a 16. 1 Hereby CERTIFY aand RETURN that ave personally served, ave ega ew ence o service ass own in "Remarks", 5e etas shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, compar IFe oration etc. at the address inserted below b handin a TRUE nd ATTESTED COPY thereof. 17, re certl an return a ecause am Una e to located the individual, om an , cor oration, etc., name above. 18. i,dme and title of individual Served(if not shown above) (Relationship to Defendant) 9. F- No Service See Remarks Below ?Go 3 H n E H M 20. Address of where served (Complete only it different than shown ove)(Street or POP, Ap rtment No., City, 21. Date of Service 22. Time AM / MVV- Boro, TWP, State and ZIP Code) ?U fV` D U v SI CE*L- Os C5h l - B&T/E.D.S.T 23. Attempts Dat Miles De p. In D Miles ep. Int ` Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int (81 4 1 S e Iw j? m4t_? T Advance Costs 11 25. Service Costs 26. Notary Costs 27. Mileage/Postage/N.F 28. Total Costs 29. COST DUE OR REFUND 50.00 36.50 a '? S 3? a s 3U. Kemarks: S.T.A.: 31. AFFIRMED and subscribed to before me this 34. day of 37. Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES 20 SO AN c 4-pi 32. i at a of Dep. S ri lli? 35. Si natu eQt Terry A. Berg m CCU ? 7 v"1 36.-;jte vq AUNTY PA In The Court of Common Pleas of Cumberland County, Pennsylvania Nordstrom Select Auto, LLC VS. Dennis B. Wimer 129 South Duke Street Lancaster, PA 17602 Civil No. 2009-4633 Now, July 13, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lancaster 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 and made known to copy of the original. the contents thereof. So answers, Swom and subscribed before me this day of 120 Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA NORDSTROM SELECT, AUTO, LLC, Plaintiff V. DENNIS P. WIMER, Defendant IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH NO. 2009 - 4633 : CIVIL -LAW PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To: Curtis R. Long, Prothonotary Please enter judgment of default in favor of Plaintiff, Nordstrom Select Auto, LLC, and against Defendant, Dennis P. Wimer for Defendant's failure to file an Affidavit of Defense to the Complaint filed in this matter said Judgment to be entered with respect to Count Two Replevin and shall state: A . Plaintiff shall have the right to recover possession of the 2001 BMW Vin #WBAAV33491EE76046 (the "BMW") B. The money value of the BMW being $12,757.50 less $4000.00 paid by the Defendant or $8,757.50 C. Plaintiff may be entitled to special damages which will be determined at a special trial at which the issues will be limited to the amount of the damages. ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT. PA 17074 TEL: (717) 567-3139 Attached as Exhibit "A" is a copy of Plaintiffs' written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the Defendant, first on September 1, 2009, to 50 North Duke Street Lancaster, PA 17602, the address at which the Sheriff of Lancaster County Pennsylvania made service of the complaint, and when the notice was returned undelivered, on September 8, 2009, to 129 South Duk;, Street, Lancaster PA 17602, the Defendant's last know address. The dates of mailing of notice are at least ten days prior to the filing of this Praecipe. Allen E. h L,aw Office B Timothy N. Atherton, Esquire Attorney for Plaintiff P`,2009 Files\Marley Praecipe to Enter Default Judgement-9-24-09.doc FAX: (717) 567-3130 NORDSTORM SELECT AUTO, LLC : IN THE COURT OF COMMON PLEAS Plaintiff : OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH V. DENNIS B. WIlvIER, : NO. CV 2009-4633 Defendant TO: DENNIS B. WIMER (Defendant) September 1, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A 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 HIltING 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 2 Liberty Avenue Carlisle, Pa. 1701 3308 (717) 249- T O It AT RTON, ESQUIRE ATTORNEY FOR PLAINTIFF 220 MARKET STREET NEWPORT, PA. 17074 ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 Marley, James E. Notice of Intent to Enter Default Judgment-9-1-09 ?xh;b;f R ALLEN E. HENCH LAW OFFICES 220 MARKET STREET (CORNER OF Market AND Second & one-Half STREET) NEWPORT, PENNSYLVANIA 17074 (717) 567.3139 FAX NUMBER 0717) 567.3130 Email: attomeyQpa.net Timothy N. Atherton, Esq. September 1, 2009 Dennis B. Wimer 50 N. Duke Street Lancaster, Pa. 17602 Re: Nordstrom Select Auto, LLC v. Dennis B. Wimer Dear Mr. Wimer: I have enclosed an Important Notice relative to the above. Sincerely, Timothy N. Atherton TNA:lih Enc. ALLEN E. HENCH LAW OFFICES 220 MARKET STREET (CORNER OF Market AND Second & One-Half SrREE r) NEWPORT, PENNSYLVANIA 17074 (717) 567-3139 FAX NUMBER f717) 567-3130 Email: attomcapa.net Timothy N. Atherton, Esquire September 8, 2009 Mr. Dennis B. Wimer 129 South Duke Street Lancaster, Pa. 17602 Re: Nordstrom Select Auto, LLC v. Dennis B. Wimer Dear Mr. Wimer: I have enclosed an Important Notice relative to the above. Sincerely, Timothy N. Atherton TNA:Ijh Enc. ar ??oc oa?Zz y tz C1y U) x v o' n Z = N ? W 0) CO ?CD (CD rn 0 N X m C C o Z ? Z ?o ?cl) M ?v m •N'? a 0 co S C7 N O o O O ? n b ?,p 10 FA -0 FICEE OF THE PPOTMTAf Y 2099 OCT -5 PM 12: 39 e,._ ,,_,JNtY 'mot„ 4Woo A 1, o t3 R 0131430 0,4cio, ?"