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HomeMy WebLinkAbout10-2875COMM'bNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Curberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. kesAca. Yc n 1094-01 I - - - - - Giarles A. Clement, Jr. ADDRESS OF APPELLANT CITY STATE 7800 M ddl a Rk* Road l c?port Pa. It DATE OF JUDGMENT IN THE CASE OF (Pbw aM (DalMd"Y 4/05/10 'bdd A. Walter J sica )um DOCKET No. SIGNATURE OF OR ATTORNEY OR AGENT GU-0000118-10 This block will be signed ONLY when this notation is required under Pa. I a tan was Claimant (see pa. .C.FC4J. 1001(6 in ac ron R.C.P.D.J. No. 1008B. _ This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT-MI?'Sj ,rT Bf;eLED?44thin twenty SUPERSEDEAS to the judgment for possession in this case. ; ,- (20) days after filing the NOTICE of APPPAL. Z) Y ?' 1V r rn r., l1J ' C, somfum or Pro#wol-y or DvW PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE u? v (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 Todd A. Walter appellee(s), to file a complaint in this appeal Name o/ ame®ee(s) (Common Pleas No. IS within twenty (20) days after service of rule or suffer entry of judgment of non pros. F V" signer fappellant- eyorag. RULE: To Tx1d A. Walter , appellee(s) Name or appeo"(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. , Date: ?Q 20 r? ?L S' atwe of Protlrarpfary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 917SPd_?W AOPC 312-02 ?f K ?Ql, S 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 SERVICE OF NOTICE-OF APPEAL AND RULE TO FILE COMPLAINT (This proof of servile MUST It FIL WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official Signature of affant My commission expires on 20 ! r1l? ri? 717557:3130 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND F Tin 1-111 09-1-01 N10J Nam.- Mon. CHARLES A. CLEMENT, JR 400 BRIDGE ST OLDR TOWNE COM40NS -SUITE 3 NEW CUMBERLAND, PA TcCphcnr (717) 774-5989 17070 ATTORNEY DEF PRIVATE : ATHERTON, TIMOTHY N 220 MARKET ST ALLEN E HENCH LAW OFFICES NEWPORT, PA 17074 THIS IS TO NOTIFY YOU THAT: Judgment; FOR PLAINTIPP A HENCH LAW OFFICE PAGE 02 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: rWALTUR, TODD A "SAME and A DRZss 4843 SPRING ROAD APR ? 2010 ? SHEPJLWS DALE, PA 17 61" L J DEFENDANT: VS. NAME and ADDRESS rYOHN, JESSICA -t 220 MARKET STREET C/O TIMOTHY ATHERTON ESQ LPORT, PA 17074 _J Docket No.: CV-0000118-10 Date Filed: 3/03/10 (Date of Judgment) 4/05/10 ® Judgment was entered for: (Name) WALTER, TODD A --? ?- ® Judgment was entered against: (Name) YOUN, JESSICA in the amount of $ 1, 550.0 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 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 1,539-77 $ $ - $ 1,650.02 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF: _OMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT. pate I certify that this is a true and correct Copy of the record of the proceedings coma ngng thel District Judge g the al Date Magisterial District Judge My commission expires first Monday of January, 2014, SEAL AOPC 315-07 DATE PRINTED: 4/05/10 3:05:00 PM Postal C3 p CERTIFIED MAILT. RECEIPT [17 (Domestic Mail Only, No Insurance Coverage Provided) r` s Postage O Certified Fee ,\ (? ?+ i' ???,'•? ?-` - In , Postm?k, ?L pp Return Receipt Fee l -'? ® I (Endorsement Required) L I?rg p Restricted Delivery Fee (Endorsement Required) '.Y r9 pL !? <1 Total Postage & Fees $ C3 Sent T l Street, Apt. X14 --- - orPOBoxSr ?'-I 0 CERTIFIED MAIL,. RECEIF -¦ (Domestic Mail Only; No Insurance Covers) r` m 1- Postage $ ru O Certified Fee C3 Return Receipt Fee Pestmark \ ^? Here (Endorsement Required) I E CJ Restricted Delivery Fee p (Endorsement Required) r3 \G C3 Total Postage & Fees S \`• ?` M Sent To e I r4 U , M cues-fer,A_•A-1, sc Apt o.; or PO Box No. 0 e- To ,N n1 e. 0 Mrl M DNS -------- . e J PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA OF PENNSYLVANIA COUNTY OF C ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleasgupon the District Justice designated therein on (date of service) 20 ? by personal service l by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) y, jr-, on 20? ? by personal service Q9 '-by (certified) (registered) mail, senders receipt attached hereto. (SWORN) (AFFIRMED) AN SUBSCRIBED BEFORE ME THIS ? V)w DAY OF 20 Q. u *a re of official befo w om affidavit was made Title of official My commission expires on Signature of 110 'FEZ 'AON SG,11dA UOISSlutu:cr) ?6N AjunoC kiwi " l3n0jog ?!^? ° :SN r'II4nd :?etoN ` 9"t A 'I %tGWI lbaS IyidVic'N ?j bINV^-IASNPAa an HA"!'? ?N1r C4` I;;C CONWONWEALTH OF PENNSYLVAM.' N' ITARIAL SEAL - LINDA J. F',A;_L, Notary Public Borough, Perry County fission Expires Nov. 29, 20', i l C'a R1 r';' ? r, ._. ? e.? C, TODD A. WALTER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA [:) i ~ ~, `r'~ JESSICA L. YOHN, :CIVIL ACTION -LAW "_ =~ ~ _T., Defendant -= ;-, : -- -,- -; ca _ " NOTICE TO PLEAD ~~ r_~ :' 3 °~ r~.~ ~~ TO TODD A. WALTER AND MARK W. ALLSHOUSE, ESQUIRE: You are hereby notified to file a written response to the enclosedAnswer, and New Matter, within twenty (20) days from the service hereof or a judgment may be entered against you. The Allen E. Hench Law Office BY~ ~ ---~ Timothy N. Atherton Supreme Ct. ID 19656 220 Market Street Newport, PA 17074 (717) 567-3139 ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 TODD A. WALTER, Plaintiff v. JESSICA L. YOHN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2876 CIVIL ACTION -LAW ANS~ AND NEW MATTER AND NOW, this~~day o ~._ , 2010, comes the Defendant, Jessica L. Yohn, by and through her attorneys, the Allen E. Hench Law Office, and files her Answer in the above matter and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that in completing the transaction, Defendant executed an MV-3 Motor Vehicle Verification of Fair Market Value, together with an MV-4ST to complete the transfer. It is further admitted that a true and correct copy of the MV-3 is attached to the Complaint. It is also admitted that there is a form MV-4ST attached to ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 the Complaint, but said form is so illegible that the Defendant cannot determine whether or not it is a true and correct copy of the MV-4ST that she executed, and, therefore, the allegation that the attachment to the Complaint as Exhibit A is a true and correct copy of that form is denied. TEL: (717) 567-3139 FAX: (717)567-3130 6. Denied as stated. It is admitted that the MV-3 form was executed by the ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 Defendant, but it is denied that she certified that the fair market value of the vehicle on Apri17, 2007, was $20,035. To the contrary, as clearly set forth on form MV-3, the agent whose signature appears in block B, and not the Defendant who was the seller of the vehicle, certified the fair market value of the vehicle from a current edition of a PENNDOT approved publication. By executing the MV-3 form, the Defendant was merely swearing or affirming that the agent verified the price as $20,035. 7. It is admitted that the vehicle, while still owned by the Defendant, was involved in an accident on or about June 27, 2006. It is also admitted that a police accident report is attached to the Complaint as Exhibit B and that said accident report speaks for itself. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 8. Admitted with explanation. At no time prior to the sale of the vehicle did the Plaintiff ever ask Defendant if the vehicle was ever involved in an accident. 9. It is admitted that Plaintiff discussed the purchase of the vehicle with Defendant while Defendant's father, Larry Yohn was present. It is further admitted that Larry Yohn accompanied the Plaintiff on a test drive of the vehicle. It is also admitted that Plaintiff asked Larry Yohn questions FAX: (717)567-3130 about the vehicle. After reasonable investigation, the Defendant is without ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 10. It is admitted that the Defendant never directed Plaintiff to deal only with the Defendant with respect to the purchase of the vehicle. Defendant specifically denies, however, that she ever expressly, impliedly authorized her father, Larry Yohn to seller her vehicle or to bind her to any agreement of sale for same, or carry out negotiations with respect to any such sale. Defendant further specifically denies that Defendant by her words and conduct held out the said Larry Yohn as having authority to bind her to any agreement of sale for same, or carry out negotiations with respect to any such sale or that she is estopped to deny such authority. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 11. It is admitted that Larry Yohn is Defendant's father, that Larry Yohn accompanied Plaintiff on the test drive, that Larry Yohn answered Plaintiff's questions and provided certain specific information to the Plaintiff, including the vehicle ID number, and that Larry Yohn was present at all relevant times, including transfer of title. After reasonable investigation, the Defendant is without knowledge or information FAX: (717)567-3130 sufficient to form a belief as to the truth of the remaining averments of this paragraph and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. By way of further answer, the Defendant incorporates her response to paragraph 10 of Plaintiff s complaint. COUNT I -FRAUDULENT INDUCEMENT TO ENTER INTO THE CONTRACT TO PURCHASE THE VEHICLE ALLEN E.HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717)567-3139 12. Defendant's response to paragraphs 1 through 11 are incorporated herein by reference thereto, as though fully set forth. 13. It is admitted that Plaintiff asked Larry Yohn if Defendant had "ever had any trouble with the vehicle" and that Larry Yohn responded, "none," despite having knowledge of the prior accident and resulting damages. By way of further answer, Larry Yohn assumed that the Plaintiff was requesting information regarding mechanical problems with the car and not whether or not the car had been involved in any kind of accident for which repairs had been fully effectuated. 14. The allegations of paragraph 14 constitute conclusions to which no answer is required. By way of further answer, Exhibit A speaks for itself. It is further denied that the Certificate of Value attached as Exhibit A to the Complaint certifies the value of a vehicle in good condition with no accident history. To the contrary, the Certificate of Value attached as Exhibit A to the Complaint sets forth no information or requirement that supports the Plaintiff s belief and after reasonable investigation Defendant FAX: (717)567-3130 ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 is without knowledge or information sufficient to form a belief as to the truth of this allegation and strict proof, if relevant is demanded at trial. It is specifically denied that the Certificate of value is in any way inaccurate. To the contrary, the market value certified to by the Agent who prepared the MV-3 was based upon his review of the appropriate, approved PennDot publication and Defendant believes and therefore avers that it was accurate in all respects. 15. It is specifically denied that the Defendant misrepresented the value of the vehicle, intentionally or otherwise, by failure to disclose the vehicle's accident history in order to obtain a higher resale price. To the contrary, Defendant was, at all times, of the belief that the vehicle had been fully repaired following the accident. By way of further answer, the fair market value of $20,035 was established and verified by the agent preparing the MV-3 form and not the Defendant and Defendant is not responsible for any errs or omissions on the part of that Agent. By way of further answer, Defendant sold the vehicle for only what she owed on it and not what was established as the fair market value by the agent preparing the MV-3. 16. It is admitted that the Plaintiff contacted Larry Yohn and asked him for the vehicle identification number. It is denied that Plaintiff ever told Larry Yohn that he intended to obtain a car fax report to find out if the vehicle had an accident history which would affect its quality or value. To the contrary no discussion was had between Larry Yohn and Plaintiff regarding a car fax report. FAX: (717) 567-3130 ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 17. Admitted. 18. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 19. It is admitted that the Plaintiff obtained a CarFax report. It is further admitted that a copy of the CarFax report is attached to Plaintiff's Complaint as Exhibit A. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 20. It is admitted that a copy of the Kelley Blue Book value is attached to and made part of the Plaintiff s Complaint as Exhibit D. The Kelly Blue Book report speaks for itself. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 21. It is admitted that the Plaintiff purchased the vehicle. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 21, and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. FAX: (717)567-3130 ~~ ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL (717) 567-3139 22. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 22, and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 23. It is admitted that a Lawrence Chevrolet CarFax report is attached to Plaintiff s Complaint as Exhibit E and that said document speaks for itself. As to the remaining allegations in paragraph 23, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to their truth and, therefore, the same are deemed denied, and strict proof thereof, if relevant, is demanded at trial. 24. Paragraph 24 constitutes a conclusion of law to which no answer is required. To the extent an answer is deemed required, it is specifically denied that the Defendant, in any way, misrepresented the vehicle to the Plaintiff. As to the remaining allegations in paragraph 24, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to their truth and, therefore, the same are deemed denied, and strict proof thereof, if relevant, is demanded at trial. 25. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 25, and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 26. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments FAX: (717)567-3130 ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 contained in paragraph 26, and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 27. It is admitted that the vehicle was involved in an accident. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph 27, and the same aze, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 28. It is admitted that the Plaintiff has listed in Exhibit F repair bills for the replacement of the left upper ball joint on at least two occasions within a one-year period. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the need for the replacement of said ball joints or if the said ball joints were, in fact, replaced, and strict proof thereof, if relevant, is demanded at trial. 29. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 29, and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 30. Defendant denied that Plaintiff made repairs to the vehicle that were related directly to the damages incurred as a result of the vehicle's accident on June 27, 2006. To the contrary, the repairs allegedly made by the Plaintiff were made more than one (1) year after the alleged accident. causal connection between the repairs Plaintiff allegedly made and the Moreover, the Defendant believes, and therefore avers, that there is no FAX: (717) 567-3130 ~ e ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT. PA 17074 TEL: (717)567-3139 accident. It is admitted that copies of invoices are attached to and made part of the Complaint as Exhibit F. After reasonable investigation, the Defendant lacks knowledge and information sufficient to form a belief as to whether the invoices were true and correct copies of repair bills, and, therefore, the allegation is deemed denied, and strict proof thereof, if relevant, is demanded at trial. 31. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 31, and the same are, therefore, deemed denied, and strict proof thereof, if relevant, is demanded at trial. 32. It is denied that Defendant employed an agent in connection with the sale of the vehicle. To the contrary, Defendant never expressly or impliedly authorized her father, Larry Yohn, to sell her vehicle or to bind her to any agreement of sale for same, or carry out negotiations with respect to any such sale. Defendant further specifically denies that Defendant by her words and conduct held out the said Larry Yohn as having authority to bind her to any agreement for the sale of same, or carry out negotiations with respect to any such sale or that she is in any way estopped to deny such authority. It is further denied that Defendant or and/ or her agent, in any way, fraudulently induced Plaintiff to enter into an Agreement of Sale. To the contrary, Plaintiff never asked if the vehicle was involved in an accident, but merely asked if the Defendant had any trouble with the vehicle. It is further denied that the Certification of Value was inaccurate. FAX: (717)567-3130 To the contrary, the Certification of Value was prepared by the person preparing the MV-3 form, and the Certification was made by that agent and not by the Defendant. 33. It is denied that the Plaintiff has incurred any loss of value and repair damages as a result of the accident that occurred in 2006. To the contrary, the vehicle was totally restored following the accident and any repairs incurred, or to be incurred in the future, were, and are, as a result of the Plaintiff s use of the vehicle. 34. The allegations of paragraph 34 constitute a conclusion of law to which no answer is required. To the extent an answer is deemed required, the Defendant believes, and, therefore, avers that the quality and characteristics of the vehicle were not misrepresented and that the Plaintiff did not rely upon the representations of the Defendant or Defendant's father with regard to the qualify and characteristics of the vehicle, but rather relied upon the CarFax report, which the Plaintiff obtained prior to purchasing the vehicle. 35. The allegations of pazagraph 35 constitute conclusions of law to which no answer is required. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss the Plaintiff's Complaint and award the Defendant attorney costs and fees. COUNT II -BREACH OF CONTRACT 36. Defendant's response to paragraphs 1 through 35 are incorporated herein ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 by reference thereto, as though fully set forth. FAX: (717)567-3130 37. It is denied that the Defendant represented that the vehicle being sold to ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 Plaintiff had no prior or current problems. To the contrary, at no time did the Plaintiff ever ask the Defendant whether or not there had been problems with the vehicle. Moreover, the Defendant had no problems with the vehicle either before or after the accident. To the extent that the Plaintiff asked the Defendant's father about problems with the vehicle, at no time did the Plaintiff ever ask the Defendant's father if the vehicle had, in fact, been involved in an accident. It is further denied that the vehicle was not properly repaired. To the contrary, the Defendant had had the vehicle properly restored by D. & E. Auto Body. It is further denied that Plaintiff or Defendant ever discussed, or agreed upon the quality or state of repair and condition of the vehicle. 38. It is specifically denied that Plaintiff and Defendant ever agreed upon the quality, state of repair, and the condition of the vehicle. To the contrary, the Plaintiff was bound by the doctrine of caveat emptor to satisfy himself as to the quality, state of repair, and condition of the vehicle. 39. It is agreed that Plaintiff paid the purchase price, but it is denied that he did not receive a vehicle of proper quality and state of repair as agreed upon by the parties. To the contrary, as set forth above, the parties never specifically agreed upon a quality, or state of repair or condition of the vehicle. Even so, the vehicle performed well for the Defendant both before and after it was repaired and was as represented to the Plaintiff. It is further denied that the MV-3 certification was, in any way, improper or FAX: (717) 567-3130 ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 inaccurate. To the contrary, as stated above, the certification of fair market value was made by the agent filling out the MV-3 form and not by the Defendant and Defendant is not bound by that agent's statement. 40. The allegations of paragraph 40 constitute conclusions of law to which no response is required. To the extent a response is deemed required, as set forth above Plaintiff and Defendant never discussed the quality or state of repair and condition of the vehicle and no misrepresentations were made as to the same. 41. the Defendant believes, and, therefore, avers that the quality, state of repair, and condition of the vehicle was as agreed upon by the parties, and the value paid by Plaintiff was fair and reasonable. 42. The allegations of paragraph 41 constitute conclusions of law to which no response is required. To the extent a response is deemed required, it is denied that the Defendant breached a material term of the parties' agreement and is in default of the contract. To the contrary, as set forth above Plaintiff and Defendant never discussed the quality or state of repair and condition of the vehicle and no misrepresentations were made as to the same. 43. Paragraph 42 states conclusions of law to which no answer is required. To the extent an answer is deemed required, it is denied that Plaintiff has suffered repair damages and loss of value to the vehicle as a result of an accident that occurred in 2006. To the contrary, any repairs or loss of FAX: (717) 567-3130 value is the result of the Plaintiff's use of the vehicle subsequent to the purchase and sale transaction. WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment in Defendant's favor and against Plaintiff and award Defendant attorney fees and costs. NEW MATTER 44. Defendant's response to paragraphs 1 through 42 are incorporated herein by reference thereto, as though fully set forth. 45. Plaintiff s cause of action is barred by the doctrine of caveat emptor. 46. Plaintiffs cause of action has been waived by his failure to specifically ask if the vehicle had been involved in an accident. 47. Plaintiff's cause of action is barred because the vehicle was sold AS IS. 48. The Plaintiff's cause of action is barred by the doctrine of unclean hands. 49. The Plaintiff s cause of action is barred because he did not rely on statements made or not made by the Defendant, but rather relied instead upon information supplied by CarFax. 50. At no time relevant to this proceeding was Larry Yohn, authorized as the agent of Defendant with either the express or implied authority to act with respect to sale of the truck. 51. Plaintiff has had the use of the vehicle since it was purchased in April of 2007. ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 52. Plaintiff is engaged in the landscaping business. FAX: (717)567-3130 ~ ~ ~ ~ 53. Defendant believes and therefore avers that Plaintiff's use of the vehicle has led to the repairs the vehicle has required and will in the future require and has resulted in depreciation and wear and tear that would be inequitable for the Defendant to bear if the contract were rescinded. WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Complaint and award Defendant costs and attorney fees. Respectfully submitted, Allen E. Hench Office ~~ BY: ~ ~ _ '--"' TIMOTHY N. ATHERTON, ESQUIRE Supreme Court ID #19656 220 Market Street Newport, PA 17074 (717) 567-3139 Attorney for Defendant ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717)567-3139 FAX: (717) 567-3130 ,. r VERIFICATION I, Jessica L. Yohn, hereby state that the statements made in the foregoing ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717)567-3139 Answer and New Matter 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. Date: _~'~~ C`~ sica L. Yohn FAX: (717) 567-3130 TODD A. WALTER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 10- 6 ~g~ JESSICA L. YOHN, n ~ :CIVIL ACTION -LAW c= _; --- Defendan t ~;"' ~ ~-T~ ,-.,f .. Lr~ , •`l CERTIFICATE OF SERVICE = --~ -- -- :~ ~~; ~~ h} AND NOW this I da of , 2010, I hereby certify that Y I have this day served th e following erson with a copy of the foregoing Answer and New Matter, by mailing same by United States Postal Service First Class Mail, postage prepaid, addressed as follows: Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 `T'imothy N. Atherton, Esquire Supreme Court ID #19656 220 Market Street Newport, PA 17074 (717) 567-3139 Attorney for Defendant ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 Atherton, Tim/Yohn, Jessica -Answer to Complaint of Walter - 6-2010 TEL: (717) 567-3139 FAX: (717) 567-3130 Mark W. Allshouse, Esquire '~'y ~ ~~~ `~~~t'i" ` €'~'~`c~~`~~.~~ Attorney ID # 78014 4833 Spring Road ~~ ~ ~ ~= "--r ~ ~ ~~'{~ ~~~ v Shermans Dale, PA 17090 , , .. 1 ~ti (717) 582-4006 '' ` `°a~' ~``~- ~` ~ ~g ~~~ Attorney for Plaintiff Todd A. Walter, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-2875 Jessica L. Yohn, Defendant :CIVIL ACTTON -LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-caption matter as settled, discontinued and forever ended. Date: f~/~~/a~~'~l~ ~ ~ ~~ rk W. Allshouse, squire .Atty. LD. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney [D # 78014 4833 Spring Road Shermans Dale, PA 17090 (717)582-4006 Attorney for Plaintiff Todd A. Walter, Plaintiff v. Jessica L. Yohn, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2875 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Timothy N. Atherton, Esquire 220 Market Street Newport, PA 17074 Date: ~/~ ~03©~ ~ ~ ~~ ark W. Allshouse Esquire Atty. I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) .582-4006 Attorney for Plaintiff