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HomeMy WebLinkAbout01-1972JOHN EVANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · · v. : NO. O/-- !qT · o SPANKYS AUTO SALES, INC. · Defendant : NOTICE ¥'OU HAVE BEEN S[j~D IN COURT. If you wish to defend against ~¢ claims set forth in the following pages, you must take action within twenty (20) days after this Complaim 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 cmcrcd 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 Plaimiff. You may lose money or property or other rights important to you. YOU SHOL~D 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 I-IELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOHN EVANS, ' Plaintiff · 1N THE COURT OF COMMON PLEAS OF · C UMBERI.AND COUNTY, PENN S YL VANIA ¥. · so. SPANKYS AUTO SALES, INC. . Defendant . __CCOMPLAINT 1. The Plaintiffis John Evans, an adult individual residing at 2423 Penn Street, Dauphin County, Pennsylvania 17110. 2. Defendant is Spankys Auto Sales, a Pennsylvania Corporation, whose address is 701 E. Locust St., Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Sometime on or about September 21, 1999 the Plaintiff entered into an automobile retail sales contract with the Defendant wherein the Plaintiff agreed to purchase and the Defendant agreed to sell a 1994 Isuzu truck, Serial No. 4S2CY58V6R4348804 for a total cash price ors 13,213 (copies of financing agreement and warranty are attached hereto and marked Exhibit "A"). 4. As part of the agreement the Plaintifftraded in a 19S7 Olds Cutlass which was listed at $2295. 5. Additionally, the Plaintiff made a cash payment of $300. 6. The subject vehicle was sold with a limited warranty as set forth in Exhibit "A". 7. Within three weeks the Isuzu truck was returned because of clutch problems. 8. The Defendants gave the Plaintiff a loaner car and within several weeks informed the Plaintiff that his credit application had been denied. 9. Additionally, he was informed that his trade-in had been sold. 10. The Defendant did indicate that they were willing to sell to Plaintiff another vehicle. 11. However, the Plaintiff indicated to the Defendant that he did not want another vehicle, that he did want the Isuzu or, in the alternative, he wanted a cancellation of the agreement, the return of his trade-in and the $300 he paid at the time of the execution of the agreement. 12. Sometime in October of 1999, the Plaintiff was presemed with a Rider, a copy of which is attached hereto, incorporated herein and marked Exhibit "B" which, according to the Defendant, allowed the Defendant to cancel the contract because the Plaimiff's credit application was denied. 13. This Rider was presemed to the Plaintiff a month after the execution of the agreement and the signature found on the Rider is not that of the Plaintiff's. 14. After the Plaintiff returned the loaner vehicle, was informed that his trade-in was sold, and the Defendant refused to complete the transaction with respect to the Isuzu, the Defendant was forced to rent an automobile for the total cost of$811.65. COUNT I Breach of Contrac.t 15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their entirety. 16. Defendant breached his contract with the Plaintiff and as a consequence Plaintiff suffered the following losses: A. Trade-in $2995.00 VERIFICATION I, John Evans, verify that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements made herein are made subject to Pa.C.S.A. §4904 relating to unswom falsification to authorities. J~/m Evan~ B. Deposit 300.00 C. Rental 811.65 Total $4106.65 WHEREFORE Plaintiffdemands j udgmcm against the Defendant in the mount of $4106.65 plus interest and costs of this suit. COUNT _II Violation of the. P.ennsylvania Fair Trade Practices Act 17. Paragraphs 1 through 16 are incorporated herein by reference as if set forth in their entirety. 18. Defendant violated Pennsylvania Fair Trade Practices and Consumer Protection Law 73 P.S. 201-2 in the following ways: A. By not informing the Plaintiff of the provision regarding the credit application at the time of the execution of the retail sales agreement on September 23, 1999. B. By presenting the Plaintiff with a Rider after the credit application had been denied and after the PlaintiWs trade-in vehicle had been sold. C. By fraudulently completing and forging the Plaintiff's name on the Rider. D. By selling the Plaintiff's trade-in prior to completion of the transaction. E. By otherwise unlawfully engaging in a motor vehicle sale with the Plaintiff as set forth above. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of the value JOHN EVANS, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · V, · · No. 01-1972 SPANKEY'S AUTO SALES, INC. · Defendant · ENTRY OF APPEARANCF TO THE PROTHONOTARY: Please enter our appearance on behalf of Spankey's Auto Sales, Inc., in the above matter. Respectfully submitted, McNEES, WALLACE & NURICK /...,,, .......... L~-w-~ence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attomeys for Spankey's Auto Sa/es Dated: April 9, 2001 CERTIFICATE OF SERVICE I! AND NOW, on this ~~'~day of April, 2001, I hereby certify that I have served a true and correct copy of the within document, via first class United States mail, postage prepaid as follows: L. Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 McNEES, WALLACE & NURICK Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5229 Attorneys for Spankey's Auto Sales, Inc. JOHN EVANS, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · v. ' NO. 01-1972 SPAN-KYS AUTO SALES, i-NC. · Defendant : CIVIL ACTION- LAW ORDER TO SETTLE AND_ DISCONTINUE TO: Prothonotary, Cumberland County Kindly mark the above captioned matter settled and discontinued with prejudice. BY: 121 8'outh St. Harrisburg, PA 17101 Attorney for Plaintiff, John Evans