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HomeMy WebLinkAbout10-7798TH OF COURT OF COMMON PLEAS Judicial District, County Of tr ~.Wv~b2r ~~l W C, NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 1 U NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appea{ from the judgment rendered by the District Justice on the date and in the case referenced below. l ` MI-C. DIET. ND. MIIMIE OF U.J. ~1 t'reuSt~o rv ~,~ M01'tVP, ~~vl cQ t!~~~ Opt -~ (-~_2- .~Ar~R~^~. r* - r~.- i g y S .?~.l i~ ~t~e-t rr t s6w v~ Dn~ of ruoclarrlT pr rI~E CJ~SE of lPwra~rry n>~~~ lg,~+iu t,t~ sw,~ri. ~r~ ~.rwcJ~fly~ ,~ Pr~us~o~ This bbdc will be signed ONLY when flue notation is required under Pa. R.C.P.D.J. No. 1()088. This Notice of Appeal. when received by the District Justice. win operate as a SUPERSEDERS to the judgment for possession in this case. st~rhr. dAwAonafary a apb was Claimant (see in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filK-g the NOTICE of APPEAL. PRAECiPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of loan b 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 Prothonotacry Enter rule upon ~ ~ ~ t ~ I ~'t/' ~llnlW ~r~ rnLr^cu r~/ _ _ appellee(s), to fde a complaint in this appeal Narrn d apptires(sJ ~ (Common Pleas No. ~ _ ~7 t ~ )within twenty (20) days attar service of rule or suffer entry of judgment of non pros. tt Q~ LL [~ D I {y~ Slgnaturs of or a agent RULE: To " `J ~ ~ TL~. f~ rYJC. l.l~i~rt l i~+'y appeilee(s) Name of appeMee(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) N you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3)T,h~'e~~d~-~Jate of service of this rule if service was by mail is the date of tha malting. Date: 1~~ G If ~ . 20 J O ~ a ____~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AC+PC 312-02 ~ r~ eve C~ ~ -~- 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 N PROOF OF SF,,,RVrC~ OF 11/~ E OF APPEAL AND Rt/LE TO FILE COMPLA/NT (This.. proof of service A~E~'S~"'B~ Ftt?~IYJTI-%!N 747j"DAYS AFTER frling of the notice of appeal. Check appfrcable 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 persona! service ^ by (certified) {registeredl) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of afJiant Signature of offitiaf before whom alfrdavit was made Title Of oll5ciat My commission expires on , 20 Q "~r't ~~ tea n .y 'O~ ~ ~.d ~ W Q Q ~ ~ ..r~ Cq -C DEC-20-2010 11:03 LAW OFFICE OF GREG REED 7172388469 P.02 ' C(~MMONWEALT'W C7F PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY pF CUMBFl;I_AND Case Mag. Dist. No: MDJ-09-1-U2 MDJ Name; l~onorable Barbara A. Clare Address: 1901 Strate Street tramp Hill, PA 17011 Telephone: 717-761-0583 Precision Automativesrvc Ctr LIc 1945 Julia St Harrisburg, I}A 17103 Disposition Summary Docket No Plaintiff Defendant Qisposition Disposition Date MJ 08102-CV-0000364-2(110 Lb Smith Fard Lincoln Mercury Precision Autvmvtivesrvc Ctr LIc Default Judgment fvr F'lainiiff 11/18/2010 Judgment 3ulmmary JointlSeveral Liability Individual Liability Atnaut>t Participant Lb Smiih Ford Lincoln Mercury $p•p0 50 00 $0.00 Precision AutOmotivesrvc Ctr LIc $0.00 $3,057. 32 $3,452 32 Judgment Detail ('Post Judgment) Lb Smith Ford Lincoln Mercury v. Prt?cisian Automotivesrvtl Ctr Lic Docket No: MJ-09102-CV•0000364-?+:)10 Case Filed 9/1510'10 In the matter of Lb Smith Ford Lincoln Mercury vs. Precision AutomotivesrVC Ctr LIc on 11/18/2010 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,909 32 $2,908 32 Costs $0.00 55.OQ 55.00 Filing FPQs $0.00 $100 QO $100 00 Server Fees $4,00 $38.00 $3t3 pp Grand Total: $3,052.32 MDJ$ 315 Printed: 1 1 /18/2010 1: Sti.23PM Page ~ of 2 DEC-20-2010 11:03 LAW OFFICE OF GREG REED 7172388469 P.03 ' .. Lb Smith l=ard Lincoln Mercury ~ pocket Na.: MJ-091 p,2-CV-0000364-2010 v. Precision Automotivesrvc Ctr Llc ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE-ENTRY OF JUDGMENT BY FILING A NOTIGE OF APPEAL WITH THE PROTHONOTARYlCC.ERK OF COURT QF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE of JuDGIyIENTRRANSCRIPT FARM WfTH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, It= THE JUDGMENT HULDER E[.ECTS TO ENTER 71iE JUDGMENT fN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON Pt_EAS AND NO FURTHER PROCESS MAY BE ISSUED f~Y THE MAGIS1ERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN TFiE COURt OF COMMON PLEAS, ANYONE INTERESTED IN T'HE .JUDGMENT MAY FILE A RECtUEST FOR ENTRY OF SATI$i=ACTfON WITH THE MAGISTERIAL DISTRICT JUDGE fF THE JUDGMENT DEBTOR PAYS Ity FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Il~~l ~. 8 2410 Date Magisterial District Judge Barbara A. Clare „f,,;- ,~._.. :~~:. , I certify that this is a true and Cprn:~ Copy of the record of the proceedings Containing the judgment. Date Magisterial District Judge Barbara A. Clare MD.I$ 315 ._ -_. Page 2 of 2 Printed' 11118!2010 1.5G 23PM TOTAL P.03 q 10101 uw ?c? ia? O ............ L' o H __?. t? 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HA $ seed g eBeisod Ielol O L-j ?Sf Q' ro 00'Of ee?ln eH wawasiopu3) o cn amea PalapPeH -v a,a IV (pa+mbed wawsmopu3) 0 J` I 0£ Lf aad idm-H wmaH o o t, 9 0 l oll$ 8Bd payn,ao GftMd un _a f? 0 4 AlN ??yia3ewna U :Zl Wd ZZ 330 0101 hMONaH108d Al A 30td3o-a3llJ v '"fflV1VYYtALIM V1- YtNN'TL COURT OF COMMON PLEAS Judicial District, County Of? NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No l U? 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. 1wuf. LM I. nu. NAAAE OF D.J. recl1slo A - mo yC Ser-vI ce da 1-0 2 le, r ADDRESS OF '?T ` CITY STATE ^?LP CODE 1 iA S t4.-`1,k 5fev # ?(r 1.4yY 11 DATE OF JUDGMENT wTYC r?c? nc f? / A N?? , b ?r 18 f 1? I Q L 5??-.? ? i"!., I^ti r rw t?? l v? ,? Pr C ?l s ? v This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal. when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. was FROM '.D-J- No. 10W(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after NWV the NOTICE of APPEAL. souft n of nef olwWy or DopAy P CIPE TO ENTER RULE TO FILE ~: l AMT AND RULE TO FILE r„ (This section off form to be used ONLY when appefilant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of nolfce of appeal to be served upon appellee. PRAECIPE: To Prothonotary ! yyy Enter rote upon '' 1t fbly Iruc?t?h ! `rCY'CLi r / appellee(s), to file a complaint iri this appeal me of apps fops) (Common Pleas No. 1 _ ! Jkl ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Slgnaturo d or or sgaM RULE: To Jul) n?n ,, appellee(s) Name of appal *) (1) You are notified that a rule is hereby entered upon you to His a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by cwlftd or registered mail. (2) If you cb n * #!e a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) Tk.ra AOPC 312-02 , of, lW rule if service was by mail is the date of the mailing. A,-1 f ."Y OF THE NOTICE OF JttAEFFf/ Rrldl APT FORM WITH THIS NOTICE OF APPEAL . 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 DWTRWr JUSTICE Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LB SMITH FORD : IN THE COURT OF COMMON PLEAS LINCOLN MERCURY, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. PRECISION AUTOMOTIVE 10 - 7798 SERVICE CENTER, LLC, 4. rR- Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 (717) 249-3166 By: ANDREW C. SHEELY, Esquire Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 r? i vj -- c°7 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LB SMITH FORD LINCOLN MERCURY, INC., Plaintiff VS. PRECISION AUTOMOTIVE SERVICE CENTER, LLC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 10 - 7798 COMPLAINT Plaintiff, L.B. Smith Ford Lincoln Mercury, Inc., by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully states as follows: 1. Plaintiff is L.B. Smith Ford Lincoln Mercury, Inc. (hereinafter referred to as "Plaintiff"), a Pennsylvania Corporation doing business at 1100 Market Street, Lemoyne, Cumberland County, Pennsylvania, PA 17043. 2. Defendant Precision Automotive Service Center, LLC (hereinafter "Defendant"), is a Pennsylvania Limited Liability Company doing business at 1945 Julia Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. Plaintiff operates a business selling automobile parts, together with automobile sales and related services. 4. Precision operates a business which repairs equipment and damages to motor vehicles and related services. 5. Plaintiff and Defendant maintained a supplier and vendor relationship in the ordinary course of business wherein Defendant would telephone Plaintiff for the purpose of purchasing automobile parts from Plaintiff for use by Defendant. 6. Plaintiff and Defendant maintained a business relationship in 2010 wherein Defendant maintained and used an ongoing account number 210172 with Plaintiff in the ordinary and regular course of business. 7. On May 18, 2010, Defendant ordered a motor vehicle relay part from Plaintiff in the amount of $50.50, said part being provided to Defendant on May 18, 2010 by Plaintiff as represented by invoice number 78514. 8. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle relay part provided to and accepted by Defendant and an amount of $50.50 is due Plaintiff as represented by invoice 78514. 9. On May 20, 2010, Defendant ordered a motor vehicle module part from Plaintiff in the amount of $527.09, said part being provided to Defendant on May 25, 2010 by Plaintiff as represented by invoice number 78691. 10. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle module part provided to and accepted by Defendant and an amount of $527.09 is due Plaintiff as represented by invoice 78691. 2 11. On May 21, 2010, Defendant ordered various motor vehicle parts from Plaintiff in the amount of $1,679.09, said parts being provided to Defendant on may 21, 2010 by Plaintiff as represented by invoice number 78760. 12. On May 24, 2010, Defendant returned various parts from invoice 78760 and credits were given to Defendant by Plaintiff for certain parts in the amount of $727.51. 13. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle parts provided to and accepted by Defendant as represented by invoice 78760 in the amount of $951.58 and an amount of $951.58 remains due Plaintiff for parts provided to Defendant by invoice 78760. 14. On may 24, 2010, Defendant ordered a motor vehicle kit part from Plaintiff in the amount of $190.28, said part being provided to Defendant by Plaintiff as represented by invoice number 78809. 15. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle kit part provided to and accepted by Defendant and an amount of $190.28 is due Plaintiff as represented by invoice 78809. 16. On may 28, 2010, Defendant ordered a motor vehicle tube part from Plaintiff in the amount of $19.97, said part being provided to Defendant by Plaintiff as represented by invoice number 79106. 3 17. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle tube part provided to and accepted by Defendant and an amount of $19.97 is due Plaintiff as represented by invoice 79106. 18. On June 8, 2010, Defendant ordered various motor vehicle parts from Plaintiff in the amount of $119.39, said parts being provided to Defendant by Plaintiff as represented by invoice number 79648. 19. After repeated demands, Defendant failed to pay Plaintiff for the various motor vehicle parts provided to and accepted by Defendant and an amount of $119.39 is due Plaintiff as represented by invoice 79648. 20. On June 28, 2010, Defendant ordered motor vehicle parts from Plaintiff in the amount of $81.33, said parts being provided to Defendant by Plaintiff as represented by invoice number 80643. 21. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle parts provided to and accepted by Defendant and an amount of $81.33 is due Plaintiff as represented by invoice 80643. 22. On June 30, 2010, Defendant ordered various motor vehicle parts from Plaintiff in the amount of $102.08, said parts being provided to Defendant by Plaintiff as represented by invoice number 80813. 4 1 23. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle parts provided to and accepted by Defendant and an amount of $102.08 is due Plaintiff as represented by invoice 80813. 24. On July 13, 2010, Defendant ordered various motor vehicle parts from Plaintiff in the amount of.$1,789.09, said parts being provided to Defendant by Plaintiff as represented by invoice number 81460. 25. On July 15, 2010, Defendant returned a part from invoice 81460 and a credit was given to Defendant by Plaintiff in the amount of $720.00. 26. After repeated demands, Defendant failed to pay Plaintiff for the various motor vehicle parts provided to and accepted by Defendant, less the credit amount, and an amount of $1,069.09 is due Plaintiff as represented by invoice 81460. 27. On July 16, 2010, Defendant ordered motor vehicle hardware from Plaintiff in the amount of $14.42, said hardware being provided to Defendant by Plaintiff as represented by invoice number 81728. 28. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle hardware provided to and accepted by Defendant and an amount of $14.42 is due Plaintiff as represented by invoice 81728. 29. On July 19, 2010, Defendant ordered a motor vehicle 5 part from Plaintiff in the amount of $32.02, said part being provided to Defendant by Plaintiff on July 20, 2010 as represented by invoice number 81768. 30. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle parts provided to and accepted by Defendant and an amount of $32.02 is due Plaintiff as represented by invoice 81768. 31. On July 21, 2010, Defendant ordered a motor vehicle part from Plaintiff in the amount of $3.22, said part being provided to Defendant by Plaintiff as represented by invoice number 81956. 32. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle part provided to and accepted by Defendant and an amount of $3.22 is due Plaintiff as represented by invoice 81956. 33. On July 22, 2010, Defendant ordered motor vehicle parts from Plaintiff in the amount of $14.95, said parts being provided to Defendant by Plaintiff as represented by invoice number 82037. 34. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle parts provided to and accepted by Defendant and an amount of $14.95 is due Plaintiff as represented by invoice 82037. 35. On July 22, 2010, Defendant ordered a motor vehicle 6 sensor part from Plaintiff in the amount of $111.00, said part being provided to Defendant by Plaintiff as represented by invoice number 82054. 36. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle sensor pars provided to and accepted by Defendant and an amount of $111.00 is due Plaintiff as represented by invoice 82054. 37. On July 26, 2010, Defendant ordered various motor vehicle parts from Plaintiff in the amount of $591.64, said parts being provided to Defendant on July 27, 2010 by Plaintiff as represented by invoice number 82182. 38. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle parts provided to and accepted by Defendant and an amount of $591.64 is due Plaintiff as represented by invoice 82182. 39. On July 28, 2010, Defendant ordered various motor vehicle parts from Plaintiff in the amount of $49.95, said parts being provided to Defendant by Plaintiff as represented by invoice number 82372. 40. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle parts provided to and accepted by Defendant and an amount of $49.95 is due Plaintiff as represented by invoice 82372. 41. On August 9, 2010, Defendant ordered various motor 7 vehicle parts from Plaintiff in the amount of $49.56, said parts being provided to Defendant by Plaintiff as represented by invoice number 82991. 42. After repeated demands, Defendant failed to pay Plaintiff for the various motor vehicle parts provided to and accepted by Defendant and an amount of $49.56 is due Plaintiff as represented by invoice 82991. 43. On August 10, 2010, Defendant ordered a motor vehicle element part from Plaintiff in the amount of $33.44, said part being provided to Defendant by Plaintiff as represented by invoice number 83048. 44. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle element part provided to and accepted by Defendant and an amount of $33.44 is due Plaintiff as represented by invoice 83048. 45. On August 10, 2010, Defendant ordered a motor vehicle "O" ring part from Plaintiff in the amount of $17.81, said part being provided to Defendant by Plaintiff as represented by invoice number 83083. 46. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle "0" ring part provided to and accepted by Defendant and an amount of $17.81 is due Plaintiff as represented by invoice 83083. 47. On August 11, 2010, Defendant ordered various motor 8 vehicle parts from Plaintiff in the amount of $390.11, said parts being provided to Defendant by Plaintiff as represented by invoice number 83116. 48. After repeated demands, Defendant failed to pay Plaintiff for the motor vehicle parts provided to and accepted by Defendant and an amount of $390.11 is due Plaintiff as represented by invoice 83116. 49. All parts provided to Defendant from Plaintiff were of substantial quality and reasonably priced. 50. Plaintiff believes and therefore avers that Defendant profited from the parts provided from Plaintiff to Defendant. COUNT 1. BREACH OF AGREEMENT FAILURE TO PAY FOR PARTS PROVIDED IN THE ORDINARY COURSE OF BUSINESS 51. Defendant paid Plaintiff an amount of $500.00 on its account with Plaintiff on July 22, 2010. 52. Defendant paid Plaintiff an amount of $500.00 on its account with Plaintiff on September 3, 2010. 53. Defendant paid Plaintiff an amount of $306.85 on its account with Plaintiff on November 24, 2010. 54. Defendant owes Plaintiff amount of $3,178.56 for parts provided to Defendant in 2010. 55. Defendant owes Plaintiff an amount of $225.11 in finance charges in accordance with the terms and conditions of sale as reflected on each invoice directed to Defendant. 9 56. The amounts claimed due by Plaintiff require compulsory arbitration. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant in the amount of $3,403.67, together with costs of this action. COUNT 2. UNJUST ENRICHMENT 57. Paragraphs 1 - 56 are incorporated herein as if set forth at length. 58. Defendant has been unjustly enriched as a result of its refusal to pay Plaintiff for the parts provided to and accepted by Defendant. 59. Defendant's continual and repeated refusal to pay for the parts provided and accepted by Defendant constitutes a continual and repeated loss to Plaintiff and an unjust enrichment to Defendants. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant in the amount of $3,403.67, together with costs of this action. Respectfully submitted, te 4S. -9 ;VIJ - - Date: January 7, 2011 Andrew C. Sheely, Es Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 10 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: January , 2011 J s Galloway, III, ral Mana er B Smith Ford Lincoln Mercury CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Complaint upon the following named entity and believed counsel this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Precision Automotive Service Center, LLC 1945 Julia Street Harrisburg, PA 17103 Gregory R. Reed, Esquire Law offices of Gregory R. Reed 3120 Parkview Lane Harrisburg, PA 17111 Date: January 7, 2011 Andrew C. Sheely, squire Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LB SMITH FORD LINCOLN MERCURY, INC., Plaintiff FILED-OFFICE OF THE PROTHONOTARY 2011 SEP - 8 AM 11 * 0 2 CU PENNSY ?ANIA 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRECISION AUTOMOTIVE SERVICE CENTER, LLC, Defendant 10 - 7798 PRAECIPE TO SATISFY, SETTLE AND DISCONTINUE TO: DAVID D. BUELL, PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Kindly mark the above-captioned matter settled, satisfied and discontinued. Date: September w '2011 A 0?&Q drew C. Sheely, Es LB Smith Ford Lincoln Mercury, Inc., Plaintiff 127 South Market Street P.O. Box 95 Mechanicsburg, Pennsylvania 17055 717-697-7050 717-697-7065 (fax) CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Praecipe To Satisfy, Settle And Discontinue upon the following named entity and individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Precision Automotive Service Center, LLC 1945 Julia Street Harrisburg, PA 17103 Gregory R. Reed, Esquire Law Offices of Gregory R. Reed 3120 Parkview Lane Harrisburg, PA 17111 Date: September , 2011 A?"R A d ew C. Sheely quire