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Home My WebLink About04-4405 ccJrv1MoNWEALTH OF PENNSYLVANIA r ! NOTICE OF APPEAL COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT FROM DISTRICT .JUSTICE .JUDGMENT 9th COMMON PLEAS No. 1'"lt.f-I.{Lf(J'S c..;,i, I ___________J,J__..._~___ NOTICE OF APPEAL AI.(J' '31. CJ..OOif Notice is given that the appellant has filed in the above Court of Cornmon Pleas an appeal from the Judgment rendered by the District Justice on the date and in the case mentioned below. Tripp Ilassett -----r~~:~~;o-~ ;:M;:; 04' ~-- S.,.ATI'" "NAM"i"'"OF-APl'ln.I.ANT ADDRES'l OF APPELLANT ZII> COI;lI!: 5009D Haverford Road, Harrisburq,_Rb-1~109 omo~~u;~;/04 r'~~~'~;;~~~ Valley Motors v.. Tripp_Ilassett CLAIM NO. 5,GNA.,.URE 0"- APPELLANT OR HIS ATl"OftN1";Y!:Ift AGENT cvXli: 0000721-0;3 LT 19 Richard F. Maffett, Jr., ~sq. This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal. when n~ceived by the District Justice, will ()p(~ldte as a SUPERSEDEAS to the judgment for possession in this case. If appellant was Claimant (see Pa. R.C.PJP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twentv (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or DeputY PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.PJP. No. 1001(7) in action before District justiCI IF NOT USED, detach from copy of notice of appeal to be servf!u upon appellee). PRAECIPE, To Prothonotary RULE: To__Cumberland_Valley Motor~ Name of appellee(s} within twenty (20) days after service of rule or suffer entry of iudgment of non pre /'-A-1 J, 17 . Richard F. Maf~e<!f~; oJ'j .. e:'a'f.sq~torneY or age . appellee!s) #35539 2201 N. 2nd St., Harrisburg, PA 17110 717-233-4160 (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. 04-440$' c.'v~l Cumberland Val~ey Motors Name of appellee(s) ,appellee(sl, to file a complaint in this appe Enter rule upon (Common Pleas No. (2) If you do'not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of ~his rule if service was by mail is the date of mailinAg.. ' Date: ~~;:t- '3/, . ~ 2004 11/1 ' . Sign8tu~or puty White __h Prothonotary Copy Green --_. Court File Copy Yellow'" Appellant's Copy Pink ...... Appellee Copy Gold .,u.. O. 1. Copy PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice 01 appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : 55 AFFIDAVIT: t hereby swear or affirm that I selVl'cJ o a copy of the Notice of Appeal, Common Pleas (date of service) ,19~. receipt attached Iwreto, and upon the nppellee, (name) ,19 -[J by personal service No. __, upon the DIstrict Justice designated therein on o by personal service 0 by (C{~rtifierl) (registered) mail, sender's . on [] by (certified) (registered) mail, sender's receipt attached hereto o and further that I served the Rule to whom the Rule was addressed 011_ mail, sender's receipt attached hereto. File a Coml1laint accompanying the above Notice of Appeal upon the appellee(s) to .19__, D by personal service [J by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .19__. Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on .19_. 0 ...... ~ = C = :;.:~ .r" ..J)., :;t,.... .... I '"';j c: n,:!."{ "7 . C~ "':.....' -oF. 7 (.,.,) :00 "") , ~ ~o -" ". .>~7j ~,c;-.( :-;;. ,:::~~ ~-c en ,-,J ;..i _0:..... :~;~ G) _U ,< -COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-04 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME andADDAESS IcmmERLAND VALLEY MOTORS 6714-6720 CARLISLE PIKE MECHANICSBURG, PA 17050 L ~ VS. Mag. Dist. No.; OJ Name; Hon. THOMAS A. PLACEY Add"" 104 S. SPORTING HILL RD. MECHANICSBURG, PA T,I'pho,,' (717) 761-8230 17050 DEFENDANT: 'BASSETT, TRIPP 5009D HAVERFORD ROAD HARRISBURG, PA 17109 L NAME and ADDRESS ., ATTORNEY DEF PRIVATE : RICHARD F. MAFFETT, JR., ESQ. 2201 N. SECOND ST. HARRISBURG, PA 17110 Docket No.: cv- 0000721- 03 Date Filed: 12/31/03 ~ .~.,..- ~ " ~ .~~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR pr.lI.TNTIFF [iJ [iJ Judgment was entered for: (Name) ~R1H.l\NTl VJH.r.RY MO'l'l)RR Judgment was entered against: (Name) RARSET'I', 'I'RTPP in the amount of $ 6, R44 . 07 on: (Date of Judgment) R/02/04 o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 6,732.57 $ 111.50 $ .00 $ .00 $ 6,844.07 O Amount of Judgment Subject to AttachmenV42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ R E C E , V E 0 AUG - 4 _ed 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Q Aur; i)Li Date tl 9"";P..,:~:>l-iI,<,,C', .,..;~~\';i~!~bm~'" ,'t/ ~'.;.' .>tt.lt'~h~''it~...."......;,,<. ceedings containiilg'me j6dgment. :'. 'fA' ;). . '.;, ..'~-~ . ' ",. \ ,District Justice .'1.\, I certify that this is a true a C9J1-6e}-eOThe record onheR . .:..:J.P\\\C;f:'1 Dat~ /\ ~ . I My commission expires first Monday of January, 2010 ., SEiAL. \'.;' ~'i.t " AOPC 315'03 DATE PRINTED: 8/02/04 3:11:19 PM o ,....., c: = 0 ';;0 ~ :)?, r-S-~ F~f-; x~ ~ 1 ::;1' ' ~ j;'~i::D ,. -::Z-,' <..:lc;..,:g r- -_ - 1.... rn ...t) (,.) "i C ::<~~, ~- ';; - c'-; ->.' C""___ -(.I' '.J -r "'''-or''''' .-'*"....-- - '" _J ""' '..;:>> .- ~ " ...~~ ",",,, r co::;,: O.~ C-) ~~.. -I $--rTl .....jC ()co;?.;~~ --"2~ .l_.. ~J~ _..-{oS; W ;D .-< J:- .< <A--- G ~ ~ '? 7=> r) U\ . -po ::?-n ~ v\ 'C: ft1 r:: 14= G'; :9.1(;) <;l.) cP '3 v\ - ' .0 v) -::c.:0. --c. --.. ~ ~ "126 ~ " ~ ~:-rn .:0 CJ ~ C? -\ 'e5 ~.~) "3 ".:> '.~ ':) ",,- :t::? " -t-- \- -------'.-'.",,' '~"~~-. >- ~ ~ W~9. COr?:J~ Q~ ,):2 ll--:f: '-,0:: ..l-r- :.:~.\~ Q~ "";'- 6 - ~,.I' '-E;~J) UJ '\:.2 "-'iE' (.;!) :T. Z u: =l ,.:..JW . tII:f ~pCl_ :G:: LL. g :::> o <--I U C"";-'i-'..; ,,--, i OUNTY Uli/,'.J,_, I,.: '; J!..... '-' PENI~SYLVM,11A f'-i ~l ~I ru D D D D ".1'\~'~;.~.',., ,.." 1.1.. ,,,,,,..:::.r,]:i;:;;,E,;.i~lVT1.. i,l 1I1~,l'H'l"'I"", MECHAHICSIl\JRG PA 17050 <... ~ f> . FILED--OfFiCE OF THE PROTHONOTARY 200~ SEP - I At'! 8: 4 I fetl 11-:l1:se" $0.37 ! ~~U (:: - :;':50-~ ~\2&r'''oI''k ,,' , :::~j' ol8~/31'1/"';20'0'~/ (I( " :o'rl ('f' r- '1II"',lf!d': I !;'f ' ,~ o((,~ i $ ':I:i D U") estet U") ! jr!cse D btf P =r g!. f'-~ , i ;jf;)"'. ._ ___h_,,_.._ ..Il:. o:~ .~Ol11i3.S A. Placey eel A(' f'( ...-n______n.h__,.....nu_._uun__n____n._ 00 ,," V ~ .10.4 ..~.: Sporting Hill Rd. ......., 't. ~ 'at} z'r. -- ..nn..hhn_______.hn__h__n_..~__n __nnh_____. Mechanicsburg, PA 17050 l!m1!~!~!n o 2 See neven:;e for Instructions PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHiN TEN (10) DA YS AFTER filmg the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Dauphin ;ss AFFIDAVIT: I hereby swear or affirm that I serv('d ~ a copy of the Notice of Appeal, Common Pleas No.oLl-.4L1.0C; ,upon the District Justice designated therein on (date ofserv;ce) 8/31/04 ,19_, 0 by personal service Q9 by (certified) (registered) mail, sender's receipt attached hereto, and upon the Jppellee, (name) (l11T1\-v:::t.l""1 nnn. :Val1e~_.J1::rt:;Q~ , 011 8/31/04 ,19 -Ll by personal service ~ by (certified) ~ mail, sender's receipt attached hereto. [}{] and further that served the Rule 10 File a Complaint accompa!1ying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 8/31/04 ,19___, 0 by personal service [~ by (certified) (~ mail, sender's receipt attached hereto. SWORN (AFFIRMEDI AND SUBSCRIBED BEFORE ME THIS 11>:t- DAY OF August. 20.04 ,19_. /' \ R-'!::1j L/:I~~~ Signaw.e 01 atriant My commission expires on ,19_. =r_ ~ iii! =r~"" ~ ~itSB6i!G tA~iJo$ ru D D D D D U1 U1 D stal Service". FlED MAil,,, RECEIPT Mail Only; No Insurance Coverage Provided) NOTARIAL SEAL BElTY J. WOLF, Notary Public Harrisburg,Oeuphin County My Commtaeioill:lqllres July 25, 2005 "' , I=>ostage $ Cert!:'led Fee Return Reclept Fee (Endorsement Rl~ulred) Restrictecl Delivery Fee (Endorsement Allquired) Total Postage & Fees $ H.~2 ~ .\ '5' o en 0 ::2 ll.s~~E.~~~.~...y.A.-.~,~~.Y....!'i(),!:<:>E.S.n...n......'..n.. ~':!?~~~,~....... 6 .?! ~::-.~?.2 0 Carli s Ie pike CRY, Stals, ZJP><' Mecl'ianic.soii'i'ii;....PA..T'iiYs.o.... np. 2002 s~... P..;t'l <0" '..... Instructloll'" . CUMBERLAND VALLEY MOTORS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 04-4405 Civil TRIPP BASSETT CIVIL ACTION.. LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to d<efend 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 attomey and filing in writing with the Court your defenses or objections to the claims set forth against you, You are wamed 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 2 Liberty Avenue Carlisle, PAl 70 I3 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia eserita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad 11 otros derechos importantes para usted. USTED DEBE LLEV ARESTEDOCUMENTO A SU ABOGADO INMEDlATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUlENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUlR UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES PO SIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMAC]ON SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA ]7013 (800) 990-9108 SHUMAKER WILLIAMS, P,C. Dated: \ ~ \ '-l \ iJ'-\ By ~~ Q,SV\~~ , Melissa A. Swauger, J.D. #82382 P.O. Box 88 Harrisburg, P A 17 I 08 (7] 7) 763-1121 Attorney for Plaintiff #170509 CUMBERLAND VALLEY MOTORS, INC" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 04-4405 Civil TRIPP BASSETT CIVIL ACTION - LAW Defendant COMPLAINT AND NOW COMES the Plaintiff, Cumberland Valley Motors, Inc" by and through its counsel, Shumaker Williams, P,C., and states the following: 1. Plaintiff, Cumberland Valley Motors, Inc" is a Pl:nnsylvania corporation with its registered address as 6714-20 Carlisle Pike, Mechanicsburg, Pe:nnsylvania 17050, Cumberland County. 2. Cumberland Valley Leasing, Inc. d/b/a Affordable Car Rentals is a subsidiary of Plaintiff that rents vehicles to customers on a daily, weekly, and monthly basis, 3. Defendant, Tripp Bassett, is an adult individual who resides at 5009D Haverford Road, Harrisburg, Pennsylvania 17109, Dauphin County. 4, Defendant previously rented vehicles from Plaintiff, 5, On September 29, 2003, Defendant reserved a 2003 Dodge Grand Caravan ("Caravan") from Plaintiff and executed a Rental Agreement. A true and correct copy of the Rental Agreement is attached hereto as Exhibit "A." 6. In the Rental Agreement, Defendant accepted additional charges for physical damage waiver and confirmed that Plaintiff does not offer uninsured motorist protection, See Exhibit "A," 7. Defendant rented the Caravan from Plaintiff on Sl:ptember 29,2003 and contracted to return the Caravan to Plaintiff on October 2, 2003. Id. 8. Rather than return the Caravan on October 2, 2003, Defendant extended the Rental Agreement and kept the Caravan. 9. On October 13, 2004, Defendant advised Plaintiff that its Caravan was stolen, in an accident, and towed by Don's Towing, 10. Plaintiff's rental manager contacted Don's Towing and arranged to have Plaintiff's Caravan returned to it. 11. When Plaintiff retrieved its Caravan from Don' s Towing on October 14, 2003, it was severely damaged. 12. It cost Plaintiff$35,OO to have the Caravan towed firom the scene of the accident to Don's Towing and $65.00 to have the Caravan towed from Don's Towing to Plaintiff, 13. $100,00, 14. In addition, Plaintiff had to have a new key made for the Caravan, which cost it On October 14, 2003, Plaintiff's rental manager received a telephone call from a woman who identified herself as Defendant's wife and demanded Ithat all her personal items left in the Caravan be returned to her. 15. During this telephone call, Defendant's wife thre:atened to kill Plaintiff's rental manager. 16. Plaintiff s rental manager reported the threatening telephone call from Defendant's wife to Silver Springs Police, incident #2003-10-308. 2 17. On October 15,2004, Plaintiff's rental manager spoke with Defendant about its Caravan and his wife's threatening telephone call, which is when Defendant admitted that his wife had taken the Caravan and the Caravan had not been stolen, contrary to Defendant's initial representations. 18. Defendant permitted his wife to drive the Caravan, who was not an authorized driver under the Rental Agreement. 19. Under the Rental Agreement, Defendant was the only authorized driver permitted to operate the Caravan. 20, In the Rental Agreement, Defendant specifically agreed that he would "not under any circumstances surrender the use of the rented vehicle to any person" not listed as an additional renter ofthe vehicle. See Exhibit "A," 21. The unauthorized driver wrecked the Caravan and she left the scene of the accident without retrieving her personal items from the Caravan, 22, In addition, open alcohol containers were left in the Caravan, 23, This unauthorized driver's accident occurred during the time period Defendant rented the Caravan from Plaintiff. 24, Under the Rental Agreement, Defendant's rental charges for the Caravan totaled $1,595.84, 25, In addition, Defendant was charged $288,00 for towing fees, parking fines and traffic violations, and extra key charge, which charges Plaintiffincurredl due to Defendant's rental of the Caravan and which charges it had to pay on behalf of Defendant. 3 26. Plaintiff only collected $1,800.00 from Defendant's credit card, leaving a balance of $83.84 due to Plaintiff. See Exhibit "A." 27. In addition, due to the unauthorized driver's accident, it cost Plaintiff $1,000.00 to repair the Caravan. This amount does not include the $5,008.35, which was paid by insurance to repair the Caravan. 28. In addition, Plaintiff received an estimate for $1,506.93 to repair scratches, vandalism, and damages to the Caravan, which damages were unrelated to the accident, but occurred during the time period Defendant rented the Caravan from Plaintiff. 29. Also, from October 14,2003 until November 28,2003, Plaintiff could not rent the Caravan, which cost Plaintiff $3,658.20 in down time or loss of use. 30, Plaintiff attempted to collect what Defendant owed to it under the Rental Agreement, but Defendant failed to pay. 31. Plaintiff pursued a district justice matter against Ddendant to collect the fees owed to Plaintiff under the Rental Agreement. 32. Plaintiff received ajudgment in the district justice matter for $6,844,07, 33. Defendant then appealed the district justice judgment. Count I Breach of Contract 34. Paragraphs I through 33 above are incorporated herein by reference. 35. On September 29,2003, Defendant executed Plaintiff s Rental Agreement and agreed to rent a Caravan from Plaintiff. See Exhibit "A." 4 36. Defendant was familiar with the terms and conditions of Plaintiff s Rental Agreement because he had previously rented from Plaintiff on May 12,2003 through May 23, 2003. 37. In addition, when Defendant previously rented a vl:hicle from Plaintiff he incurred and paid for the damages he made to Plaintiffs rental vehicle. 38. Defendant understood and knew that a material term of the Rental Agreement was that he would be the only driver of the Caravan he rented from Plaintiff, 39. On the face of the Rental Agreement, Defendant agreed "I will not under any circumstances surrender the use of the rented vehicle to any person other than those listed below," Id, at p, 1. 40, 41. "NONE" was typed above additional renter name, Id. Therefore, only Defendant was authorized to drive the Plaintiff s Caravan under the Rental Agreement. 42, Defendant admitted, however, that he permitted his wife to drive the Caravan who was not authorized to drive it. 43. While the unauthorized driver was operating the Caravan, she caused an accident and damaged the Caravan. 44, In addition, the unauthorized driver left the scene of the accident without retrieving her personal items from the Caravan. 45, Open alcohol containers were found at the scene of the accident. 46. Defendant breached the Rental Agreement by permitting an unauthorized driver to operate the Caravan during the time period he rented the Caravan from Plaintiff. 5 47. Defendant understood and knew that a material tenm of the Rental Agreement was that he was responsible for returning the Caravan to Plaintiff in the same condition as when he received it on September 29, 2003. 48. Under the Rental Agreement, Defendant is defined as Renter and Plaintiff is defined as Daily Reporting Company. Id, at p, 2, '\ll. 49. Paragraph 2 of the Rental Agreement provides: RENTAL OF VEHICLE AND RESPONSIBILITY FOR PAYMENT Daily rental company (Plaintiff) agrees to rent Vehicle (Caravan) to Remter (Defendant) subject to all of the terms and conditions on this page and on FRONT side whether printed or written. All persons or entities who are by definition the Renter are jointly and severally responsible to Daily Rental Company for charges due under this Agreement. Id. at p, 2, '\l2. 50. Paragraph 4 of the Rental Agreement provides: RESPONSIBILITY FOR VEHICLE CONDITIONIRETURNIREPOSSESSION Renter shall return Vehicle to Daily Rental Company in same condition as received to location where rented. . . . Daily Rental Company reserves the right to repossess Vehicle at any time without demand, at Renter's expense, if Vehicle is illegally parked, used for an illegal purpose, or apparently abandoned. Renter waives prior notice, preseizure, hearing, and receipt of judicial process as a prior condition to Daily Renter Company repossession, Id, at p. 2, '\l4. 51. Defendant breached the Rental Agreement by not returning the Caravan in the same condition as when he received it from Plaintiff. 52, Defendant understood and knew that a material term of the Rental Agreement was that he would be held responsible for any damage to the Caravan, including related expenses and loss of use of the Caravan on September 29,2003, 6 53. In addition, Defendant understood and knew that a material term of the Rental Agreement was that the physical damage waiver he purchased would be voided ifhe permitted an unauthorized driver to operate the Caravan. 54, Paragraph 5 of the Rental Agreement provides: LOSS OF OR DAMAGE TO VEHICLE/PHYSICAL DAMAGE WAIVER (PDWl If Vehicle is lost or damaged while on rental, whether or not due to Renter's fault, Renter shall pay Daily Rental Company on demand the amount of such loss or damage at prevailing retail price plus Daily Rental Company's related expenses, including loss of use. IF VEHICLE IS USED BY PERSONS OTHER THAN RENTER, . . OR IS USED BY THE RENTER OR ANYONE ELSE IN VIOLA nON OF THIS AGREEMENT, RENTER SHALL BE RESPONSIBLE TO DAILY RENTAL COMPANY FOR ALL LOSS OF OR DAMAGE TO VEHICLE UP TO ITS FULL VALUE PLUS ANY INCIDENTAL RELATED COSTS INCURRED, WHETHER OR NOT RENTER HAS ACCEPTED PHYSICAL DAMAGE WAIVER. Id. at p. 2, ~5. 55, Paragraph 6 of the Rental Agreement provides: PROHIBITED USE OF VEHICLE Vehicle shall NOT, lmder any circumstances, be used for any of the following purposes or under any of following conditions, and any such use is WITHOUT Daily Rental Company PERMISSION: (a) By anyone without first obtaining Daily Rental company's written consent. (h) For any illegal purpose or commission of a crime. (m) While under the influence of alcohol, . . which adversely affects driver's ability to operate the vehicle. PROHIBITED USE OF VEHICLE VIOLATES THIS AGREEMENT, VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW), MAKES VEHICLE SUBJECT TO IMMEDIATE RECOVERY BY DAILY RENTAL COMPANY, VOIDS PDW AND MAKES RENTER RESPONSIBLE FOR ALL LOSS OF OR DAMAGE TO OR CONNECTED WITH VEHICLE, REGARDLESS OF CAUSE, INCLUDING BUT NOT LIMITED TO DAILY RENTAL COMPANY'S EXPENSES, INCLUDING LOSS OF USE, Id. at p. 2, ~6. 7 56. Defendant breached the Rental Agreement by pemtitting an unauthorized driver to operate Plaintiff's Caravan without Plaintiff s consent. 57. In addition, the Caravan was damaged while under Defendant's care and use, 58. By allowing an authorized driver to operate the Caravan, Defendant voided his physical damage waiver. 59, Defendant understood and knew that a material term ofthe Rental Agreement was that he would be responsible for paying all rental charges, physical damage waiver charges, taxes, fines, expenses, collection and vehicle recovery expenses, and interest. 60. Paragraph 9 of the Rental Agreement provides: COMPUTATION OF CHARGES As provided in Paragraph 8 hereof. The (sic) Renter agrees to pay to Daily Rental Company charges due in accordance with this Agreement at the request of Daily Rental Company . . . . Daily Rental Company may keep any security deposit provided on the FRONT of this Agreement to cover any charges or other liability which Daily Rental Company believes warrants the retention of the deposit. The charges Renter will pay include but are not limited to: (a) TIME AND MILEAGE CHARGES: Renter will pay Daily Rental Company for the number of miles driven and the time Vehicle is rented at the rates shown on the FRONT of this Agreement. , . . (b) PHYSICAL DAMAGE WAIVER (PDW) CHARGE: If applicable, computed at daily charge set forth on FRONT side. Daily charge is due fo reach full or partial Rental Day, (d) TAXES: Applicable sales, use and excise taxes and any amounts charged by Daily Rental Company as reimbursement for taxes paid, (e) FINES AND OTHER EXPENSES: Fines, penalties, forfeitures, court costs, and other expenses that may be assessed against Daily Rental Company which are due by reason of Renter's possession or use of Vehicle, including traffic and parking fines, (f) COLLECTION AND VEHICLE RECOVERY EXPENSES: Daily Rental Company's costs, including reasonable attorney's fees, incurred in collecting charges due from Renter pursuant to this Agreement or in recovering Vehicle which has been abandoned by Renter or seized by governmental authority as a result of Renter's actions. (g) INTEREST ON PAST DUE AMOUNTS at the rate of2% per month, which ifnot paid is added to the balance and is subject to interest. 8 Id, at p, 2, '\(9. 61. Defendant breached the Rental Agreement by failing to pay Plaintiff charges due under the Rental Agreement. 62. Under the Rental Agreement, Defendant's rental charges for the Caravan totaled $1,595.84. 63. In addition, Defendant was charged $288.00 for towiing fees, parking fines and traffic violations, and extra key charge, which charges Plaintiff incurred due to Defendant's rental of the Caravan and which charges it had to pay on behalf of Defendant. 64, Plaintiff only collected $1,800,00 from Defendant's credit card, leaving a balance of $83.84 due for rental charges. Id. 65, Plaintiff's damages as a result of Defendant's bre:aches of the Rental Agreement include, but are not limited to: $83.84 for rental charges, $2,506,93 to repair the Caravan to the condition it was in prior to Defendant's rental of it, $3,658.20 for loss of use of the Caravan, and judgment costs of$II1.50. 66. In addition, Plaintiffhas incurred and will continue to incur attorneys' fees and court costs in attempting to collect the charges due to it by Defendant under the Rental Agreement. 67. Defendant understood and knew that a material term of the Rental Agreement was that he would pay all parking and traffic violations due to use or operation ofthe Caravan. 68. Paragraph 12 of the Rental Agreement provides: PARKING AND TRAFFIC VIOLATIONS Renter shall be responsible for any and all parking and traffic violation fines and penalties arising out of use or operation of Vehicle during the period of the rental and agrees to payor indemnify and hold Daily Rental Company harmless in event Daily Rental Company pays such fines and penalties on behalf of Renter, and to reimburse Daily Rtmtal Company for all its collection and other expenses including to attorney fees rdating to same. 9 Id, at p. 2, ~12. 69. Directly above Defendant's signature on the Rentall Agreement it states: WARNING . I have read carefully all driving and use restrictions on the reverse side. . I am responsible for all traffic violations and must turn in all summonses upon return of vehicle, . I will report all accidents immediately. I have read both sides of this agreement and agree to its terms and conditions. I authorize you (Plaintiff) to process a credit card voucher, if any, in my name, Id. at p. 1. 70. Plaintiff had to pay $30,00 for Harrisburg parking tickets and $63,00 for a Philadelphia loading zone violation on behalf of Defendant. 71. Plaintiff was entitled to charge Defendant for these ticket and violation expenses under the Rental Agreement. Id, 72. These ticket and violation expenses were included in the $288,00 charge on the Rental Agreement. Id. 73, Defendant's various breaches of the Rental Agreement has caused and continues to cause damages to Plaintiff. 74, The Rental Agreement was not assigned. 75. The terms of the Rental Agreement were not modified by either Plaintiff or Defendant. 76, The terms of the Rental Agreement were not waived by Plaintiff. 10 WHEREFORE, Plaintiff, Cumberland Valley Motors, Inc" respectfully requests this Honorable Court to enter judgment in its favor and against Defendant and award Plaintiff damages in an amount less than the mandatory arbitration amount of$25,000,OO, plus attorneys' fees, interest, costs, and such other relief as the Court may deem necessary and appropriate, SHUMAKER WILLIAMS, P.C. Dated: (tJ \ '---l \ by By (0.\ ~ I //)0. G~S~}IG ~{auger, J.D. #82382 P,O. Box 88 Harrisburg, PA 17108 (717)763-1121 Attorney for Plaintiff :170510 11 . AEN-rerR'ilS19 . BASSETT REPLACEMENT CAR NO. oFUG, CAR NO. D4510 HOM~RESS MAKE_MOCEL-YE.AR-COLOR MAKE-MOOEI..-veAFI-COl.DR . LOPAX RD RPT Lit ,.~~., , .em .WE ZiP cocE UCENSe NUM8EJQ LICENSe NUMBER HARRISBURG PR 1711<;; -- DAI~~~S~D STAT< liXP. cArE ODOMETER OOOMI!'TEA PR 1321 05 1 el/l0 IN IN .- --- .'ATHDATj02/07/1'964 SOCIAL SECUFUTV NO. HOME PHONE ODOMETER COOMET'EFI ,I> ~QA (717) 54liH,B'3. ouT OIJT LOCAL CoNTACT ADOReS PHONE MIl..ES DATE AND TIME IN I DRiVEN -- - I ~ liMPlDI'ER PHONE MIlES 0" dQ . . .':J . ~.... .,....:; INTL PROFIT RSSOe (8013)531-7621 AL\.DWEll - ,~ EMPl.CJiER'S ADDRESS '.':" '\..;t~:DUE"" CHARGeA8l.Ei 'l!XPlI!lIrlON'OF:c"'AEEMENT ., MIlES NA' CITY 5f1(l'E ZIP REFfRAED 8Y M I will not undet an)' circumstances surrender th. use ot tl'l8 renled vehicle to any GAS person oth.' man 'hose li5leCl below 0' in ~arag,aph 8 01 the I>aCk 01 mi. OUT ,. Mile. . ~ ~A $ ! Agreement. Operation ot the vehicle by any driver In violation of Paragraph 6 16 E. 5 Hours <II S ~i= prohibited, if nan.. print NONE ocr",. tills ~on. Oays @ ";,;;':;:; s 0. .\4 It, .~n AA $ -I7WO I NONE W..i<B . ._ITIO~ RENTER'NNAE . 'HOME PHONE'NO, . o~i"'j... -v,: 11> W.....nd lIP < .---. $ ""::Jtl~ .~ ~ MonthS 9 , , "'0.;tIllll :QRM!R'S LICENSI! NUMBER S1Jl1'EICOU"''' jAAflOH)'J(tE . Tolel TI"",' end Mileage Charges s .-=<>"]"'" F (.f $ : ~':.~': PHYSICAl- DAMAGE wAIveR , ~ PHYSICAL , , .. :'CECi.1N"'ft.' 20.rara -:;E,EPTS IlAMAGE WAIVER $ , X MJ'E . PER DAY $ 140.00 PER WEEK ht' .,J~ (NOT INSURANCe) 320. '00 8v. my inl\ alS. I accept at decline PhYsical Oam~ WaW... a1 the tate IISled=-I1J~. sub-Total S , If I deCline U) putehaSO \he Wai\ler, I ~ep.'.tu.I1.~blll~ lor loSS by collision or Phy5lcal SaI.s Tax !;lIT' surcharge 6% $ T.....Il~ dam_, regard'" of gause, up to S ~ ~ ." ,'. pM oec:urrence. which may be charg8cl to my credit Cal'd $hown beloW., . .% . -E\6;B1l Aoceptlng reduces my rdponsibility to is '~.". ',' ,:"2!iGlI'.:.-ll0per occurrence, which may be ".00 I Oay PTAF T.. S -28.96 char;od 10 my crOCI" card 11I_ _. PHYSICAL DAMAGE WAIVER 1$ NOT INSURANCE. Gas (Non-TiIlCabla) """. .50SMiOJGal, 32~Yb0 REJECTION OF UNINSURED MOTORIST PROTECTION C1COW (1'l:m.Toxoblo) : I I am rejecting uninsured motorist coverage under this rental or lease PI:RSONAL ACCIDENT I , agreement. and any policy of InsuranclI or self.insurance issued under this INSURANCE s 1 agreement. for myself and all other passengers of this vehicle. Uninsured , 1 coverage protectS me and other passengers in this vehicle for 100s and sul>-TotBI s I damages suffered if injury is ..aused by the negligence of a driver who does , not have any insurance to pay fo' losses and damages, 1, :r:l;:r. "'... , cllll.\D1D Ii'.'! "ERSONAL EFFECTS S , Ran~''';'~ ,.A.wI~" l:-' ~ L :J!i-' /2 r /0.)' COVERAGE , S' -..", .. 1\ : 15. I'" .1",~ . I Ign . " . . ' - ., Sub.Total: S .' 1 \lEHIC,,"C~D~.., ~(j\:t.A:' ..f\''r.~,C'\ SPARE cusmMEA _' 1.BIl~.a4 OUT \,~ '..<.1).f..,':>. JACKO.K. INmAlS $ I ~ ~CA1~" .VN'lpl'-'l~M. xc. ~ 'f. Les& OBllOW ' .1~'" Il'+ I 1"fU:Ro~.s, ." 1."'B\!I~. tlf6 R~1. \\flu... BE PAlO Net AmCl,unl D~o $ . Me Nel Due Renier S ( . ./ WARNINI..:/I DAC be, .S-3 .84- . I ~Iave read ClllHl9tJ1ly all drivinQ and un ~lficLion$ on ttI9 roVtlr.l8 sIde. . I ~iIll rO:;pOnaible lor all 1r.:lnic vloliUiof'1:l lIr'ld. MU8t lum in all &ummonllll8 upon AME)( ~LUrtlorvtlhi~o. . I will rDPOrt all e.ccldenl3 iTnl'l'ledialelY, CiJD1NaA$ It; ,eco- uJAS "'If\ tQsf\J e>>J I have rellO bolh JiSidee 01 thIS a,gnlel'l'll!lnl lilond ~Qre6 10 it& If~rms unci condltiDn:;, I El.Umori1. you to proclf,llS~ l:l. credil cald vaucnor, If any, 11"111\'1 R&me. VIS' .,7: lS@ INVOICS '~AV~ DUe ON RECr ". ",....,..._ 'i..J'" .,~ ;1; , \ ,....1, ., ,",' j.\ . \ ~ "R!!NTEFI'S f\E MIe EXTENl:1 TO ADDI'nONAl. CASH DEPOSIT O<1'e lNITIAI..S $ OT~IER EXT15N[) TO ADDITIONAL cASH OEPOSIT OAT< INITIALS $ CREOIT AUTH. NO. \DA'l'E \"ME -\ AMOUNT T Al1THORIZeO BY: CHGCK~O OUT EIV'. \ CHECKE~ IN eV: RENTAL AGREEMENT l.iUMtttHL.ANU VAL.L.I:\T MUIVno ana Oarli$la piMa MIWHAN1CSeUAG, PA 17050 (7171 &911880 800 SB20143il No 4739 I 4 4. ::iiUll'tu....nu "=..I~.."'"CCmCnll BACK ..'"".:... ....... ~'._MM .... ir.;N~RAlnl=!:INITIC']NS ; .' .. . . Oalfy Renlftl'ComJ)any rentSl':lffI~e, ~8Ven If 111; In DaJl,y''Flentllll cClmpl!I,;y.5.,p~lIs~i~n I. nl:l.rlv Q...MIlII nftf'l'iliAftV. i'1'IeJiIl"Il!I tl'to Vl!hlcle ~I'I1ElI film ,hewn on lhlIl=RONT side, wMI~ I~ re!M.~I!l;~l:Il,WI'\o.IS.lItfliUI.t.RI!:I'I~r.f!tlII,".8..ft!:lInd.emrillJQ?PJl!iiI~~cAIlY._bta/.e..ci~'w;' all Indep8l'1dent dally renlDI de8ler. Ita .nes.,nd.omploy'ee8 "amlIEIBlI;8lnat,1I 0kUm~ m&cl&.Itt,~e~tor,.Uch'1oI5'crcb:lmaeec.' l. ~ M mIai'll tI'Ie 'f;ltll'SCll(8) algnlng lhls AgtEl~nt. .,fty .otI't4Ir!)8f'8Ol'l or ernhy b:t 'NhIch I. PAYM~NTO~ t.lI-lARGlilili An chlrgea and ottter:.moUlJtII billed pidsuatll:tO IhlaAgrwemenl pre the chsrglJ:lo IncurNld under thIs Ag""~l'll ii:lfe ID b~ bIDed. and any Addlllon~ Retlter ~~113 by Renier ~I} In cash I!It aot'Id~ qtwn1af. or (Ill It . ersdll Cf,n:1 acceptable 10 Dally sl'1own on (hI! FRONT at chis ag~nt Dr othorwtse permiltMl to drMI the ~1e.Wflh,lhe . MentRl Comp8t'Y,iI:'.:ttMt!~;uport)~~~.~Matem~I!I~''1n''a'cec.....~ wrlttl3n cons&nt of DaUy'n.el"llol Company.. . . .dInCe wJl1't.the !erma.of gJCh sl4temenl or Invoice. CFlEOIT CA'RD RENTER AU'r.HOAIZIES ..~ . meMe 1M mator VIlIhiclc de&Ctibed on the r=AONT 8(~ or INs Agreement and . O'IdIY'F.IS\ITAL COMPN4V TO I"RacESS A CREDIT "'ARD VO ~~ IncludeaQlltlre&.tocIl:;,aCC8!~e8.et&UIPment;keyaandVehlcledClC\lmerrl;lnO!:'cn'.trIe'"'"..,;,.,' ,..M': ... . . . .. ""'. ,U...~.Fl.IFAPPt.lCABLE..tN voh'-'., . . '.",' 'AE~~S N~E F,OR CHAAI.'!IES AND CONSENTS TO FlESl!AVATION OF CREDIT WITH I\iI .GARD 'SSUE!.'" FOR. AN AMOUUT ECUAl.:.l'O;ESTlMATBO CHARGES DUe. . I, RllIndntl I ~ . means lhe Cally Rel'llal Cornpony locallOn mown on thl3 fliI'ONT side of . 9, s;Q~PllTATlnN OF t.lHA"'GI:S A. ~1'CY1ded In PlrqrlPh.8 hefeo;l. The Rohtet _... p.._ lhls~mont. : . . 'I !l!!tO'AI MI:' VIllHrCI F AND R~i!IO"'AlIlJlITV ~nt::l PAYMFNT blllly rol'llal ~D8ny egraolllo 10 Dally R.n1~ Company.11I ehslltltl dueln.accontancewllh IhlaApntemer'ltltih.raqueat of . r;lntV~e to Renier autllecl; to all afthe~ and condIdoneon tht= page.lindon FRONT side D6I11)' RenQ:ll CompDny. If Rente.r dlrec18 Owly RllInll:ll CClmPIII"Y to bllf tf'I8 ctl'r;ll8"1D llInother. mtlher printed 0' WrlRen. A11'1:1ersone or .nth!a~ Who 81'8 by de"nIIIon Itle FIIen19r are Jclintly :!and pett!;on or compll'lY ~ or whicil'i 'allc to make Daym&llt \/pen boJftg billed, 11'1& Aenttlr win Plly everalIYln"on~IooDelf"""'IColDPlI:lYlDrehalp81.....UCldtrtl'll~Agreem.ent. the.charge:; upon dem~nd of C'llly R,"\oI Company. Datly AenlBl.QGmp'''Y.may.keep any IATURI: n~ at=QIi~MFNi"N~..t1et~ R:.PAIA~A'AIiiIAf\ITV DI~I AIUIiR Vet'lk::'- I; o.l\y $COUI1IY deposit provldW on tho FRONT or lflls AII,"",.nt 10 cover any cl'ltrgei..or Oth9r lentIl ComPliInYS; .PropIrfy. 1'1111 AGNI8rnGnl.'1& 'Q. conlt6el. only tor l.IM of ~ while'. Vehlclll lIabl~l)' whIch Daily Rimel 00111D8nY b,lltw9s Ylatl'lnta 1M retendon of the dlC!polit. The I DI'l ramal to RonIOr..RMte'r.ti nOl',Oidrf,Aen\fl1 Comr;dfty'a agent or etnployee. nor III FlefitiJr's cmng.. Aen.rwlltlJay iTlckldo l:rut are not: limned to; .'. OIlllUcl 'under)DcdIy-::Rtlr1w~~". control, tgr 8ft)' plIrpoI8, My, .~;1Q"t!r replacement Ie) TIME AND UILEAQE OHAI~GES: R~r" pay DaMy'Aemef OomPenvfoi'\h'e' nu~.',.of': ; " 8 pari or accessary,~ Vehl~ .durJng rental mu$lt ~ve Dally f(.na.l Cqmpany" pn.or. miles driven and tho time vertlcie 18 rented at Ih<< ttIIs shoWn on the FAONT cl this ,. ~provBI. Aenter Boqul1o&' ne" "'gme oll'ler than ra u!IIe VertiCIl In acoordance Witt! this ~rtl~rnont TIle ~numw. '1)1 mlrU '.n be"delertrirniJi:I~" T8.a1rig 'tho 'iaOfY'lnaliUed 7 ~ ~Gtoemenl...b"ly F.le~J:.t;olTl~ .~~~O W,AI!I~AN1)";.oF..t\li_X.I(I. , ~NA1.uAE Of'! o(Iomeler. F1enwr wHl nm el8lach Ute OGomet&r Iftd If the Illlla bfoken. .......r$h;lB f,a'j . lEiSCR\PttOfo!,' EX~~S' :QR.I~P,L:IE!.D.:AtGARprN~':VEFiI~. ',' F.1~L.Y _ for It$: raplacement.or R1PJllr..,... ,!fII,.. CheQll.'~ tD t;ho.lverqe mneege litCLAIMS'ANV IMP.\.tI;D"VAR~.Dtf.~m . _~~HI~LE deVe/op8d from """axperlltnce Of billy Aental Company. lOR ANY PAFmCUtAR F'Uf.1P,OSE. DaIIV AenIaI ~ .r-in no:.-..tblt_$lble:t&,.,(. .'~f' PJllYSK:IU.:oAMM!EWAr\~eRil::mwt.'CHARGES:If' IIc8bI ..........Jio.:..... . . ~ ........_... ...,,=~.'-. .. ","..,.., "-nti.'..'..ONT......... .,.,.....~",."".". ..'c!~~_d~;:',.,.~"m:~~,~"".'ll'> lenter.lor'anY~ndIrect.epedalorcon~ldam""m.~ I'l.or...~''''''''::,,:'','' :Mtlg. 00..--... .. .~i.t'-''t''..!ll~'''~...~.~NIICtf.....t'!''rFllncarDI,ly.. ..." Jrnlshln!j\. pe~ance ~~:M~l"":"~'; . ...~. _. _';~'..... ..'~::'';~: ~';'I " ..' (e) 'PERSONlU. ACCIDM.tI"'SUR~'(PAI) Iftf ~ASONAl. 'ER=ECT5'COVEMae ['l1spQNlVRILIIT ~= VliiMIO F U[JNnmnNIAl:'Tl JAN Al!;:ImIDt,j Re~8t..Bn~ recum. (PEel OHAAGES; It _Ilcable. compuUld It dlitIly.roe Mt10nh aft Ff:tONT $life,: Darly' 'ohicIe to. Oa/Jy ~"I. company In lernt cor1dIIIon.as tecelvecllo locI1lDn.whoi'e. rent8d or \0 charve i;; dUe lor each full or P8nlal ","Ial day. TPteeI are ogdDntlln$ul'DnC8 coveragee. Llcl'l1ocatIon at eltltorth 01'1 FRONT lIde on tha due ~~ ~ II ~~~med '!OI CenlflCII8Cl'IUfTlIT\&ry dolICl'lblng belletlls ~ ~~t;:avllllDle atremlng ~Qn uch Iocanon by dUe date (cit wIIh;r, tI'lIrty (30) d8)'8 of Qam;ner\cemenl-or:~,~'1cheYer ,I . . (Ii) . ';AXEs~~8bIe ....:lJ_si 9l11R=l"'ta.ret..'.&nt~~DalJY"Um,a): : arller), 08111 Fle"lal Comptlny rnI1y l'ep0Mel1!l Vetdcle :;lIlany.u...elhifelllhel' e~ Renw:.,. : .~.88retm611iU lIi:Mor_~:'.:.~::F1;.:i'.~'~:~-i.~",,,'A~.' ..,: ;"~: ,. .~"'." ," ., xpen". Dally Flental eomp","y tose,..." I'Ight to repo,c;ess VeNcl& 8:latly,ttmo,..llhOUI ""; lef fINes;.ANct~~ENs'es:'F.Iria~~~~~' ,..~,. ~... : ":, emand.;t Ronl8r'. exDinse. If y,hlcle h~ ~Q.I.'Y Dl!m.~l...,!~:.~'r:..n")lIe~~~~r;cSe. pr.~~,: I. . ";:>i'f:";'~~~Hn~b~'uil~~~I!iria~id~~=:.:: ppar.endr..~doned. Remer waNt. prior.notlce..pntielzl.riii.lieeillhg,and re_i~J~ :'. ~ '.: ' . .: .oi'Aerli&':'s ~'.ori_.of ~~..." ',_".nd'.D."~ :" ~g:':~fIM'fIM';'.' : '~..,:' no.... ",ceN.lit$iO\pnotCOndJtlonto-DaI1yRcmlalCompenyr8POlH~Dn.Rentllragl'8t.'ItiiIlo.py,-:" .. fl.......... ., '.1, .. ." - .. . _':"L rut ~.:. .'.: . lentBl'Compw'ly' m1Ii 'n()~ the PoIIC9 or oIheP'",UlhO_,1hI{"~ \t'6)llcft"lOtbren orN;.~~:;\!' ':\. .("_~~.,:J.OR~.~HI~~~~.A~~~~\...-,,AonW~~ltf~~. .' nd Ren"r will not hold Dally Plental C:ornppny o,r tM-.crvll.~ritilll' responsible .lot.1hi;i(:~\ . . Inc".ldirlQ reu~i\ili..litUlti"e.'feH,.lficur"'tf'fn ~l'RcIIhCI ChllO" due honj ~,,"r . otlons; lD repoanS=$ Vohlcle.:Jn1U'le avenl'of 0", V6HOIe ~'C,""M tor any reuon, ~1IY.:,..:. ~ purauant to this Agreement or In reOOV9ril'lg Vehicle> Wfllch "- bHn abi.ndOf!~:~" lonla! ~pany mey, ~ its ~, tennina19 thG~iint:snd r8rit~ ~~lacemem'.~;.: ::.o:....! to' .~.~ror ~.~ftAby lJOY~tment\l~,.as, mult ot ~r:!.~~.: . "'lhallrm'.oI.8.n8W.A!iI~ ... ... .' '.__ ..... ......,...{............:..........1 . flitfl!R!!STON..,.....S'l'MDge!.AMbUN'f9at'~~or2%""rrrforltt1.wmlch~/'M:'JpaJp),.: Q$js nPMIII nA""A~F-TOY.PliIlr.' Il=/PMV!itIl".Al DAMAGt:'WANFA IPDlM';'U'YCtllcIs '.1_;'0" . ,'&dCed!(o\M btI~~I.~b'J8et,hl1nI8ftt!IIt:>~':::m.. ." ,:;.. ':.:- '.....~:.... 'etm.:,gol:l WhIle on rtnftir, ~ or. not dUe to Nnler's I~~\t:. R8f;1i,.,Mstf4I~.J1.i:Iy',Daily Fl8lUBl AI.l;.OI:IARGES','ARE 'a~T1'() ~11<I'llL.'tlPo'h_d1li..::II"''.emr I' .fotJnd. ~C;tra :ot'npoaoy oncl8m8l\d.rn. .mourn Of !'lucMoB8 or dam8Qt.tal p~mn(frMllIrlce pfua.'DlIIIV F\Bnl" ,Rcnlar.aoltV1l1zlJe DpIIY :13,.e}IUI1 .Com~~\IR'. ~I SUch CIllf9N. Includlog .chanQlng.any iOmPtJly'; ral;Utd EnCpel\8ea, Ilibl\.ldlng.1c= or tJee. . cl'large can;! invcicee 81gned by FlenlOr. 10, re"ect.;con:ect.~ ,W1lh...ailu: ~,CI1 Vel'lrl;'lll$usac:l'1nl!lccordanc9~"f\antlltrTM'aMdCO(ldtlOlWoI.ttisA!)reemeot,.I!l.p.*';I" .'. . ...c.o~Icl,RantIr.t.. ......;. .~ro..:: M:'~ . ..:'!,<'1um.l(,l-:'1 "!V. . ~'. .:......, ~sponelbllllY for lo=s.or .or.damlQe.1o \4Ihldo arlSlng.ham cal/!;fon.ar rcIloWr Of loHiPs.-rmafIY 10. TIolIRn "'AmY lIAliIlL ITV PAm N In th~ ll\d!ftl1that .cove,rq.,g, lqlio.Md. by COeratlOn onalder,d "ccm~e.:Io&ee8.Ie.de"rmIl'Jl!d aslollows; .. !.'..... \1'.: .". .l~.) . I~: '. . .':'. ,....:'SJf 1.,,(loI:;bIltllfil.:OI'.\~~~ hWt'ReaIer, the;,'ilmia'bI' ~.cOV".'8h8il i.'bqual i 'CA) tfAen19r'~liMes1J'tP~f~9Cwa;veratNt~d~by.ln~:M'bor',' To~ift1ib"'lMA"~J.m~I~~~~~hYt:iW.. 1&beUecl.P.DW.oeou~eo.P18f119l"&rqpoMlbllllyl8l1mhedla.tnaxlmUm'UloUl'R'"'forth omet~'c~':lir.'t1L3,1tJfet.', . '~br' ..,.,.. _~i'iI'&iJl'I'tI2,....teI~;: onFRONT_. . .,"'_'" "~.<--InI1I~~. d'....., ..........,-rW.....l>yj_-,...bqtq.DollY........~_.._""'-. (BllrFlenlerEICctlpIRPltytlealDamBftewe__'lSltim8cinnar..,.: ;;J.'::I1hebOXIEI08~"..~ ." ~'-r' SocI'"'''''' .:..<t....A.~~M.... .,.., .1'!:Ji'-='.m~.'~ ..... .' "l""'"':''''''' POWACO!P'<OD.Ra...ra....."""bllIlyl,,....'_IO'h."""""'...'....".":',' :.:.,.." ......~~..,i';r}i'W.~~~~or~L~;.;:.. ~':.~~",,!I~~ thoFRONToId. ' ".,"".p... . ...... . l". '"'" ~ =, .'~.".. .-..... co_ '"', 'PI1VSrcE'07tMAOr!wAMa~1S OAltfRENTAlCOMPANT'sm1VEA~;f.l~m:&r:ra,: .. ~~~ro:'~;o'wt~.~~~~~~~~~n'.el~~~i~:;:'eri;"!VS1 ~esPONSJ8IUTY.lfISNO::~'(N~ N~TER ANY "P~VEO' ".'!. ..ln~~~'.ni8~..;.taco...~~~~~-oAIL.VRM~ ~~~~~~~~~~.ISU$EO=~P1'OA.A~E~! IN COMPANY WIil'II~ 2:t~AObRi;'bF~~:'F.~MEG'lHOT~1CrSO.\me VIOLATION OF TI-lIS AGREeMENT, F1ENTeR.sMALl BI: FilESPONSIIIU! TO DAlL." UABILITV' tNSlJRANCB COYEf\"GE OSSCRlB&D IN THIS PAFlAGRAPH IS VOID "Nt> DAILY RENTALCOM"AAlYFORAU;l.OSSOFOR:DAUAGETO',YERf~'OP"TCIT5FUI.L RENTAl. COMPANY F'I'IOVltIES NO lIABILlTt INSURANCE TO AENT.R UNDER VAlue F'LUS ANV INCIDENTIL FlElATED COSTS INCuFlFlED:-wHETH&R: OF! NOT THlSAGREEMENt. RENTER HAS ACOEF."TED I?HYSfCALDAMAGIi WAlVEe..... .,.. . . 11. R.~PORTiNG 01= 'Aonl'hF~~WCINR M TFl.Ar:FIC VI"I A'tlt'ltllA n.ntif iPii!!l\l fl.QHtil-rPn 11RFR ni= VI;:t.IICl.F Vettic1esharl NOT, l.rIdarany cftcUlTlSUlIhl;IlI.",.MUI8:P lOr . .'f)rornpfly ...po+t.~ilII'lCIIdePIS 1_:JIvtnO o\tIhIcIe.*,.o.IIr-~ n....JIlillbit;~RerW' . ny oPfQlloWlng purpoe81 or1Jndlilt~C1I'IOlrowtng:oondlIiOM,'analr!Y:auch~ Is WlTI:IOIJ't Itt1d MISI.IICI~ Ii~),~~~di!,~.-A.~~lpih",~,~::~~" . '..~ Ron'" C"'P"~ PERMISSIP~:'''"'"'''',_''~2_ "."'......"'".,,;.,,~ .,'~.c.,., "". "by .uc:h~ ....UOO,lO..!'!9!....p.' .,;a.do.I!I-.~!M!li~ 1<ld~.:!ieNii(ifJ>'- ~.poi~lIi ." I) By anyonfl withoI,IlliIIl obt8Hntf~~~'~~~~t. .!.' lully with Dady Aenl~ COmpliny In eompltllnll_denl reportl!l 'Bnd .fn l~sUSilation Elnd ;) By anyone uod&r rage 23. . ..,. :." , . Dll""'~ of any dlTm or .rdW&llll l'8litlna tc)" 1$h;'1.Iii!t\'-.ccldilm tnd DdI~ Dally A"'l".l .. : :) By;ll1yOnt wno 18 not It qlJ;ll/fltCl and llcenaeddri'mt. . .. ccmpany to ~In Irorn any govtmrnent:)l aJIhoI'hy having Jurl;dlcUon thereof any t1;Il;ord at l) eY~.whoaedlfve~$h~iI'Itnf8tlit\l"!;ba_en'~rO~~W1thl~th. ...II)Y.~.~~l~_"U.~I!.C!')lIlX.~~... ......~M. __....~_. . . Jlf'E'II"""" yurt. even u 8 Qr _1'\C.'lII' pol8n88S a ",,- hC8nse~. .. .,....'~:. t2,:'PARk'I~'~Nn'1'fVcFprc ')dQI..<<BC:llla AeRteir-~llfj;~"pOllelbli"hrr_.ohd 1Il:1)8I'tdnjJ~d ~) 1'0 CBrf')' peraoM or property tOr hire. ineludlng,Ctlau"8Urd~Jlr(I.OU8lnlli 1l9l'Vk:~.. . '.t.:~~.arId.~d. wIVIng 'cUi.or use "~~'d 'IeftlcIe dul1na !,hi: pIIr10d ) To propel ortow any Vel*l8.lteIler otQth9r objl!lCl . ." . ",.., '., :.' t :ci 1he:~",'fi~r.M...:10;,~:!.;t:indeiivil~ ~bON C)Q1Ib;'R8ni8lI.n-....,;.....~rmIess.ln I) InM)'l'8Ce';tntorcontcmt:....... ......: ."..,,-.-.- ..-.....,.. '.\?tt.J&1'~~1ait;" ,. ':~~:hllns8'.~~;:beh'i.it;Fi=~andlO;':)fIl 8Y8rn 1) For ~ny Illegal purpOM 01' commlssron 01 a cnml;'!. M. Dauf~"rn;r'~ lOr 8It na.......ieCd.,n :and ail8!' ElXPItMCt$ . ifIft ana lwI =- ~ ) 10 1Tl;lnxt.1'I unlicensed p"nson in opera1lorl at Vehicle. . . ~. ElXPItMCt$ ~ifIg rMY 9 I .1r.Vthl~'I$'.CJbtalned.:tmrFI Dally RDnLlI compenv by rralJd.'Ol'mler8P'9M"h1llon. ~, ~:..~~~W~ ~~~~~......::Oommlny In ~ccUon Wllh ~) TocanyPtI'$Ot'lSOU'l8rthlU1"'~r\XllTlpanmentdlvel'lrcw... .':'J:' ~ n..~ rtl""'1I'\W_'t~W crr...,..,.l1IlIon01 VtI'licII!'py. Fl.emer , loading Vehie... beyond its rlt8d~":.;,,,~~'-'l'~ll'I":N);'" il^' :.....,:... ~." :JtIaJor eny auch Additlcnll "'er~.r(,). Ia td'tll~ any ~t\laIlgency h,vlng J'Yrla-- ~) Wtlile Under O]e ~nfh:lence or llcof!ot ~ other 1ft~J:.~:$.~~:P.";:n.~.CIf.uMd~ any dic~ ~~~~!\to ~~,~. "dd111onal Rtnlrrr'(t) 'IftI1ch b<<11y OIM9Tpt\Y!llCalormf(I't;Jlimpalm\8ntwhlc:hlilclW{rt&lYrlffd~llt'\'~I(ttlPoplllt.atothe RllIn,!j1'~_,"ilL-~l6IQn,.. . .,. ..... ",...... '., .f, " ..,~., ~ ". '" '., .~, '. ..~JI,:~~ ,~. _..~'. ""'1 ~""(';.'.... .!. 13, A.tl~mNh.tSNT Tl'tla agretm....L ::Inl:l VeNcle cannot be! asslftned or llWI;f,rl'Gd h.I 'Flinter, .....,,_, .., .,." ..'n....... .........., ..,.._.".._~.... .~".... .. _ILIo .-, II 'iril8maOO~'iv.o.l.IdrrQ,dam8t;i. ~ JoBCf:1hi~',:..;%. ~<.~:...~:., .~;.\::~,:::.:.. t.... ::.:.....;.\.,~ fWnIOr:remlInB.m;po~..g regaldl8l!l$ of '"Y' .tlcmplecl Ul!IIgnment. j 1) Ol'lorherlhan",pollCld'road~'~~,~CIfd~IY... ,.. .......... "...: 14. WAlvPRIMODIFrI"...!oTlnNQII!~=-MS/R!:ln'uF Thll Agl'ttt'monll!. Itl.e ,,.,.... lIgreelne!'lt l) In (:In unlare, f8cklo:a, groe'sIy'n,gllgIllR'l. 'ttr WIIlI!)n ma,l'1nor, .ylolatlng 1:1 tt3l'JIc law or be1we1tfl Ronter and Oak, ~l Oompany. Nl) glhot llIgt'Iemtm&, PrQmI:lClS or I'88POr'llll)ll~ receIving IIlicketllHlfl acddont.Js',nol alIIOn'iill,lToIIl)r:a V1b18~!,.~.~i;l p,rCr.rlalon. but Itta)' be olllat tl8tWM~ Flenter end OlJJily R~I Oompeny with regard to thiJ I"9ntal. No terms or an tndk:allQr1 thai a Vlolatll;J.n g,th~ I'fOYIEI:lOn:~","~el1.~.~;.t.,~""".-;'''':'' :....... condition of IN; Agreement "'.y b. waryed or modllled M 10 Da!1y Flemlll,Company eacs~ In 'ROHIB1TcD USE OF VEt'lI01..e VIOLATES THIS AGREEMeNt. VOtos AU. l.tABIUTY AND wriung. e\{Jned by il Dally Flent"I' CI)mpQfty tepreeemallvt who hu been ~Pedy aulhorlzel:l . !THEA INSUP!ANCE. COVEAAGE (WHERe PERMITTED BY LAW), tu'l4KES VEHICLE SUB. \Q do !lO by Cally Re:rrtal Ccm;~ny, ~.nlar 3clmowledget lMt It'll. AgMm9fl1 is be'lw&en eCT TO IMMEOI.A.TE RECOVEAY BY DAll"t ~emAl. .c:OMP.AN~, V01DS..PDW AND ,MAKES RenllJI and lPle Daily Aonlal CcunPBny e"lily Idenlrtled on 111. FFlONT s1d....Ronttl' !le~.br'. ~ :ENTER RESPONSIBLe FOR '~LL tOSS OF'OR 'CAM~oe ofo:OR CONNECTEO WITH releu8$. lit; ~enl& and '""'lCyeCI~ rtom any l'9$pDl'lSlJ)lllty to Aenl.... uncIer !hrl Agream..tll....;1 'E"'IC~E. PlEG~RDLE.~ OF C~~6l~..INC":!J.tl\~G B~T ~O'r L1,~rrEg..1!J.-'?"..!~Y.."I;NTf'L . .~~~n:;.clemnllls... ',,~ ho, of'."N'!V!':~e~ .r~M",~OIr~Z a.n)' .~nd,8U;.~.,1l!~I,i~~ ~~, elll!.'_r\$!, OMPANY'sElCt:.NseS.INCI.UDrl'lG OSSOFuse. .' ": wn<Il:ouewra!'lg'ou s'Agr~m~tDl' . orlJst;G V"".....III. ..... .',' . . ,; ~elllTV 1I0R PRO~ IN "!;!I.IlCU; Daily "'ental Co."pany Ie ~ responsible for 15. fBQH!ilJJ.oH~ If aMy I:)fovlslo" or Itlls ^9reement Is p1'Gl:llblted by lilW, II shall nOI I~ ol.or.d.mllllXlIO ~Jtpeny 01 tho R.enler or..Cltb9l'$ 1~.~.ar:lY.JI"...in..~. or'!.ve~lcIe at/.n l~. ,."~~.l"6.r~;JIryi!'9p.rovlalqn&.. ...~.. .... ...... . ...U~'"'' ~,,_"~.'M, :D.2!):!..N BACK 7'94) " .,,' VEIIIFlC.4-TlON The undeJsigned, Kimbcdy p., Oller, beteby verifies and statcs that: 1. She is the Ren18l Manager of C1IUlbe:rland Valley I..easing, d/b/a Affot'dab1e Car Rllnt31s; 2. She is authorized to D18ke this Verification on its belllAlf; 3. The {acts set foxtJ1 in the foregoing Complaint are tIue and correct to the best of her knowledge, infonnalion snd belief; and 4. She is llVIstC that my false statements herein 81'S made subject to the peua1ti~ on g pa.C.S.A. i4904. relating to IIJISWOM fjll.;(ir.non to authorities. Dated: /0/01/c4 #170511 VERIFICATION The IUldmigned, Monique C. Ullom, hereby verifies and slates that 1. She is the President of Cumberland valley, MotoIB, Inc.; 2. She is authorized to make this V erlfi~tion on its bcl1a1f; 3. The facts set forth in the foregoing Complaint are trlilC: and comet to the best of her kDowlc:dgc:. infonnation and belief; and 4. She is aware that any false statements hcrc:in are nwlle subject to the peaaIties of 18 Pa.C.SA fi41104. relating to unsworn falsificatiOD to authorities. M~~ l~:~ '~lZ Da1ed: ID I OJ I O~ ...... " n ~~; '" ~ C::~ .r- eo r") -I I ...- o .,., .-< ffi:n r-'- " rn -'")0 (-:"l,1. ~-.1 CJ ~~~j ~-~ t,jrn -r ~l:'" :.:::1 -( -n :..1,,: '& CUMBERLAND VALLEY MOTORS, INC., v. TRIPP BASSETT Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-4405 Civil : CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Defendant Tripp Bassett and certify that I am authorized to do so. Dated: }(J/J'1IJ~ :170614 /VL1j J~ lv/Aft -f/ Richard F. Maffett, Jr., E'squir/ 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Defendant , -, , {~.~) U") "-.) Z:,~ .c- \.D --,;. RICHARD F. MAFFETT, JR.. ESQUIRE ID #35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Defendant ..................................................................................................... CUMBERLAND VALLEY MOTORS, :INC. :IN THE COILJRT OF COMMON PLEAS Plaintiff CUMBE~D COUNTY, PENNSYLVAN:IA v NO. 04-4405 C:IV:IL TR:IPP BASSETT, C:IV:IL ACTION - LAW Defendant ....................................................................................................... NOTICE TO PLEAD TO PREL:IM:INARY OBJECTIONS TO: CUMBERLAND VALLEY MOTORS, INC., plaintiff and Melissa A. Swauger, Esquire Shumaker Williams, P.C. P.O. Box 88 Harrisburg, PA 17108 Attorney For plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD WHERE APPLICABLE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Itt/l j. ~I;f f{ Richard F. Maff~t, r., Esq. 2201 North Second Street Harrisburg, PA. 17110 (717) 233-4160 Attorney For Defendant, Tripp Bassett RICHARD F. MAFFETT, JR.. ESQUIRE ID #35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Defendant ......................................................................................................! CUMBERLAND VALLEY MOTORS, INC. i:IN THE C01:JRT OF COMMON PLEAS Plaintiff ! CUMBE~D COUNTY, PENNSYLVANXA v I NO. 04-441)5 C:IV:IL ...~~.~.~.:~~;.;;;;.~.......................................................1 CIVIL ACUON - LAW DEFENDANT'S PREL:IMXNARY OB~ECT:IONS AND NOW, this 26th day of October, 2004, comes the Defendant, TRIPP BASSETT, by his attorney, Richard F. Maffett, Jr., Esquire, and submits Defendant's Preliminary Objections, and in support thereof, avers the following: COUNT 1: 1. On October 4, 2004, Plaintiff filed a Complaint in the above-captioned matter seeking money damages for alleged breach of contract regarding an automobile Rental Agreement. 2. Plaintiff's Complaint alleges Defendant rented a Dodge Grand Caravan from Plaintiff beginning September 29, 2003, and breached the rental agreement by allowing an unauthorized driver to drive the vehicle who was involved in an accident and caused physical damage to the automobile. 3. Paragraph 4 of Plaintiff's Complaint states: "Defendant previously rented vehicles from Plaintiff." 4. Plaintiff's Complaint at Paragraph 36 states: "Defendant was familiar with the terms and conditions of Plaintiff's Rental Agreement because he had previously rented from Plaintiff on May 12, 2003 through May 23, 2003." 5. Paragraph 37 of Plaintiff's Complaint states: "In addition, when Defendant previously rented a vehicle from Plaintiff he incurred and paid for damages he made to Plaintiff's rental vehicle." 6. Pennsylvania Rule of civil Procedure l019(a) requires that a Complaint must set forth the material facts upon which a cause of action is based in a concise and summary form. 7. paragraphs 4, 36 and 37 of Plaintiff's Complaint are objected to pursuant to Pennsylvania Rule of civil Procedure 1028(a) (2) because they do not comply with Pennsylvania Rule of civil Procedure 1019(a) in that they do not allege material facts on which any alleged cause of action is based. 8. Paragraphs 4, 36, and 37 of Plaintiff's Complaint are objected to pursuant to Pennsylvania Rule of Civil Procedure l028(a) (2) because these Averments include scandalous, irrelevant, prejudicial and/or impertinent: matters. COUNT 2: 9. Plaintiff's Complaint at Paragraph 22 states: "In addition, open alcohol containers were left in the Caravan." 2 10. Paragraph 45 of Plaintiff's Complaint avers: ~Open alcohol containers were found at the scene of the accident." 11. Paragraphs 22 and 45 of Plaintiff's Complaint are objected to pursuant to pennsylvania Rule of Civil Procedure 1028(a) (2) because they do not comply with pennsylvania Rule of Civil Procedure 1019(a) in that they do not allege material facts upon which any alleged cause of action is based. 12. Paragraphs 22 and 45 of Plaintiff's Complaint are objected to pursuant to Pennsylvania Rule of Civil Procedure 1028(a) (2) because these Averments include scandalous, irrelevant, prejudicial and/or impertinent matters. COUNT 3: 13. Paragraph 31 of Plaintiff's Complaint avers: ~Plaintiff pursued a district justice matter against Defendant to collect the fees owed to Plaintiff under the Rental Agreement." 14. Plaintiff's Complaint at Paragraph 32 states: ~P1aintiff received a judgment in the district justice matter for $6,844.07." 15. Paragraph 33 of Plaintiff's Complaint alleges: ~Defendant then appealed the district justice judgment." 16. Paragraphs 31, 32 and 33 of Plaintiff's Complaint are objected to pursuant to Pennsylvania Rule of Civil Procedure 1028(a) (2) because they do not comply with Pennsylvania Rule of 3 Civil Procedure 1019(a), in that they do not allege material facts upon which any alleged cause of action is based. 17. Paragraphs 31, 32, and 33 of Plaintiff's Complaint are objected to pursuant to Pennsylvania Rule of Civil Procedure 1028(a) (2) because these Averments include scandalous, irrelevant, prejudicial, and/or impertinent matters. WHEREFORE, Defendant TRIPP BASSETT, respectfully requests that this Honorable Court grant his Preliminary Objections; and, order that Paragraphs 4, 22, 31, 32, 33, 36, 37 and, 45 be stricken; and, that plaintiff file an Amended Complaint. Respectfully submitted, _11~J1 J~J1A Richard F. Maffe ,Jr, Esq. 2201 North Second Street Harrisburg, PA. 17110 (717) 233-4160 Attorney For Defendant, Tripp Bassett 4 CUMBERLAND VALLEY MOTORS, :INC. Plaintiff :IN THE COURT OF COMMON PLEAS CUMBE~D COUNTY, PENNSYLVAN:IA v NO. 04-4405 C:IVIL TR:IPP BASSETT, Defendant ....................................................................................................... C:IV:IL ACTION - LAW CERTU':ICATE OF SERV:ICI!: The undersigned hereby certifies that he served a true and correct copy of the foregoing Preliminary Objections by depositing same in the United States Mail, postage prepaid, addressed as follows: MELISSA A. SWAUGER, ESQUIRE SHUMAKER WILLIAMS, P.C. P.O. BOX 88 HARRISBURG, PA. 1710:3 Dated: /6/1-6/6Y- R!::::l:'~J, Roq. (~, :::1 , i r-.",) 0'\ :-'1.1> , 0 .( - " .. .. CUMBERLAND V ALLEY MOTORS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 04-4405 Civil TRIPP BASSETT CIVIL ACTION - LAW 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, 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 2 Liberty Avenue Carlisle, P A 17013 (800) 990-9108 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personal mente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dktado en contra suya por la Corte .. sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV ARESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SIUSTEDNOPUEDEPAGARPORLOS SERVICIOS DE UN ABOGADO, ESPOSIBLE QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (800) 990-9108 SHUMAKER WILLIAMS, P.c. Dated: \ ~\? \~ ~ By ~i fu\l',IO'N~ Melissa A. Swauger, J.D. #82382 P.O. Box 88 Harrisburg, P A 17108 (717) 763-1121 Attorney for Plaintiff #170509 .. CUMBERLAND V ALLEY MOTORS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. No. 04-4405 Civil TRIPP BASSETT CIVIL ACTION - LAW Defendant AMENDED COMPLAINJ: AND NOW COMES the Plaintiff, Cumberland Valley Motors, Inc., by and through its counsel, Shumaker Williams, P.C., and states the following: 1. Plaintiff, Cumberland Valley Motors, Inc., is a Pennsylvania corporation with its registered address as 6714-20 Carlisle Pike, Mechanicsburg, Pennsylvania 17050, Cumberland County. 2. Cumberland Valley Leasing, Inc. d/b/a Affordable Car Rentals is a subsidiary of Plaintiff that rents vehicles to customers on a daily, weekly, and monthly basis. 3. Defendant, Tripp Bassett, is an adult individual who resides at 5009D Haverford Road, Harrisburg, Pennsylvania 17109, Dauphin County. 4. Defendant previously rented vehicles from Plaintiff. 5. On September 29, 2003, Defendant reserved a 2003 Dodge Grand Caravan ("Caravan") from Plaintiff and executed a Rental Agreement. A true and correct copy ofthe Rental Agreement is attached hereto as Exhibit "A." 6. In the Rental Agreement, Defendant accepted additional charges for physical damage waiver and confirmed that Plaintiff does not offer uninsured motorist protection. See Exhibit "A." 7. Defendant rented the Caravan from Plaintiff on September 29,2003 and contracted to return the Caravan to Plaintiff on October 2, 2003. Id. 8. Rather than return the Caravan on October 2, 2003, Defendant extended the Rental Agreement and kept the Caravan. 9. On October 13,2003, Defendant advised Plaintiffthat its Caravan was stolen, in an accident, and towed by Don's Towing. 10. Plaintiff's rental manager contacted Don's Towing and arranged to have Plaintiff's Caravan returned to it. 11. When Plaintiff retrieved its Caravan from Don' s Towing on October 14, 2003, it was severely damaged. 12. In addition, Plaintiff's rental manager had to remove personal items and half empty containers filled with alcohol from the Caravan. 13. It cost Plaintiff $35.00 to have the Caravan towed from the scene of the accident to Don's Towing and $65.00 to have the Caravan towed from Don's Towing to Plaintiff. 14. In addition, Plaintiff had to have a new key made for the Caravan, which cost it $100.00. 15. On October 14, 2003, Plaintiff's rental manager received a telephone call from a woman who identified herself as Defendant's wife and demanded that all her personal items left in the Caravan be returned to her. 16. On October 15, 2004, Plaintiff's rental manag{:r spoke with Defendant about its Caravan, which is when Defendant admitted that his wife had taken the Caravan and the Caravan had not been stolen, contrary to Defendant's initial representations. 17. Defendant permitted his wife to drive the Caravan, who was not an authorized driver under the Rental Agreement. 2 18. Under the Rental Agreement, Defendant was the only authorized driver permitted to operate the Caravan. 19. In the Rental Agreement, Defendant specifically agreed that he would "not under any circumstances surrender the use ofthe rented vehicle to any person" not listed as an additional renter of the vehicle. See Exhibit "A." 20. The unauthorized driver wrecked the Caravan and she left the scene ofthe accident without retrieving her personal items from the Caravan. A tme and correct copy of the accident report is attached hereto as Exhibit "B." 21. This unauthorized driver's accident occurred during the time period Defendant rented the Caravan from Plaintiff. 22. $1,595.84. 23. Under the Rental Agreement, Defendant's rental charges for the Caravan totaled In addition, Defendant was charged $288.00 for towing fees, parking fines and traffic violations, and extra key charge, which charges Plaintiff incurred due to Defendant's rental ofthe Caravan and which charges it had to pay on behalf of Defendant. 24. Plaintiff only collected $1,800.00 from Defendant's credit card, leaving a balance of $83.84 due to Plaintiff. See Exhibit "A." 25. In addition, due to the unauthorized driver's accident, it cost Plaintiff $1,000.00 to repair the Caravan. This amount does not include the $5,008.35, which was paid by insurance to repair the Caravan. 3 26. In addition, Plaintiff received an estimate for $1,506.93 to repair scratches, vandalism, and damages to the Caravan, which damages were unrelated to the accident, but occurred during the time period Defendant rented the Caravan from Plaintiff. 27. Also, from October 14,2003 until November 28,2003, Plaintiff could not rent the Caravan, which cost Plaintiff $3,658.20 in down time or loss of use. 28. Plaintiff attempted to collect what Defendant ow{~d to it under the Rental Agreement, but Defendant failed to pay. Count I Breach of Contract 29. Paragraphs 1 through 28 above are incorporated herein by reference. 30. On September 29, 2003, Defendant executed Plaintiff s Rental Agreement and agreed to rent a Caravan from Plaintiff. See Exhibit "A." 31. Defendant was familiar with the terms and conditions of Plaintiff s Rental Agreement because he had previously rented from Plaintiff on May 12,2003 through May 23, 2003. 32. Defendant understood and knew that a material term of the Rental Agreement was that he would be the only driver of the Caravan he rented from Plaintiff. 33. On the face of the Rental Agreement, Defendant agreed "I will not under any circumstances surrender the use of the rented vehicle to any person other than those listed below." Id. at p. 1. 34. "NONE" was typed above additional renter nam{~. Id. 35. Therefore, only Defendant was authorized to drive the Plaintiff s Caravan under the Rental Agreement. 4 36. Defendant admitted, however, that he permitted his wife to drive the Caravan who was not authorized to drive it. 37. While the unauthorized driver was operating the Caravan, she caused an accident and damaged the Caravan. See Exhibit "B." 38. In addition, the unauthorized driver left the scene of the accident. Id. 39. Defendant breached the Rental Agreement by permitting an unauthorized driver to operate the Caravan during the time period he rented the Caravan from Plaintiff. 40. Defendant understood and knew that a material term of the Rental Agreement was that he was responsible for returning the Caravan to Plaintiff in the same condition as when he received it on September 29, 2003. 41. Under the Rental Agreement, Defendant is defined as Renter and Plaintiff is defined as Daily Reporting Company. Id. at p. 2, ~1. 42. Paragraph 2 of the Rental Agreement provides: RENTAL OF VEHICLE AND RESPONSIBILITY FOR PAYMENT Daily rental company (Plaintiff) agrees to rent Vehicle (Caravan) to Renter (Defendant) subject to all ofthe terms and conditions on this page and on FRONT side whether printed or written. All persons or entities who are by definition the Renter are jointly and severally responsible to Daily Rental Company for charges due under this Agreement. Id. at p. 2, ~2. 43. Paragraph 4 of the Rental Agreement provides: RESPONSIBILITY FOR VEHICLE CONDITIONIRETURN/REPOSSESSION Renter shall return Vehicle to Daily Rental Company in same condition as received to location where rented. . . . Daily Rental Company reserves the right to repossess Vehicle at any time without demand, at Renter's expense, if Vehicle is illegally parked, used for an illegal purpose, or apparently abandoned. Renter waives prior notice, preseizure, hearing, and receipt of judicial process as a prior condition to Daily Renter Company repossession. 5 Id. at p. 2, ~4. 44. Defendant breached the Rental Agreement by not returning the Caravan in the same condition as when he received it from Plaintiff. 45. Defendant understood and knew that a material term of the Rental Agreement was that he would be held responsible for any damage to the Caravan, including related expenses and loss of use of the Caravan on September 29,2003. 46. In addition, Defendant understood and knew that a material term of the Rental Agreement was that the physical damage waiver he purchased would be voided ifhe permitted an unauthorized driver to operate the Caravan. 47. Paragraph 5 of the Rental Agreement provides: LOSS OF OR DAMAGE TO VEHICLE/PHYSICAL DAMAGE WAIVER (PDW) If Vehicle is lost or damaged while on rental, whether or not due to Renter's fault, Renter shall pay Daily Rental Company on demand the amount of such loss or damage at prevailing retail price plus Daily Rental Company's related expenses, including loss of use. IF VEHICLE IS USED BY PERSONS OTHER THAN RENTER. . . OR IS USED BY THE RENTER OR ANYONE ELSE IN VIOLATION OF THIS AGREEMENT, RENTER SHALL BE RESPONSIBLE TO DAILY RENTAL COMPANY FOR ALL LOSS OF OR DAMAGE TO VEHICLE UP TO ITS FULL VALUE PLUS ANY INCIDENTAL RELATED COSTS INCURRED, WHETHER OR NOT RENTER HAS ACCEPTED PHYSICAL DAMAGE WAIVER. Id. at p. 2, ~5. 48. Paragraph 6 of the Rental Agreement provides: PROHIBITED USE OF VEHICLE Vehicle shall NOT, under any circumstances, be used for any of the following purposes or under any of 1ollowing conditions, and any such use is WITHOUT Daily Rental Company PERl\HSSION: (a) By anyone without first obtaining Daily Rental company's written consent. (h) For any illegal purpose or commission of a crime. 6 (m) While under the influence of alcohol. . . which adversely affects driver's ability to operate the vehicle. PROHIBITED USE OF VEHICLE VIOLATES THIS AGREEMENT, VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW), MAKES VEHICLE SUBJECT TO IMMEDIA TJE RECOVERY BY DAILY RENTAL COMPANY, VOIDS PDW AND MAKES RENTER RESPONSIBLE FOR ALL LOSS OF OR DAMAGE TO OR CONNECTED WITH VEHICLE, REGARDLESS OF CAUSE, INCLUDING BUT NOT LIMITED TO DAIL Y RENTAL COMPANY'S EXPENSES, INCLUDING LOSS OF USE. Id. at p. 2, ~6. 49. Defendant breached the Rental Agreement by permitting an unauthorized driver to operate Plaintiff s Caravan without Plaintiff s consent. 50. In addition, the Caravan was damaged while under Defendant's care and use. 51. Defendant also breached the Rental Agreement because the Caravan was not supposed to be used by anyone under the influence of alcohol or during the commission of a crime and, according to the police report, alcohol was found at the scene ofthe accident. See Exhibit "B." 52. In addition, when Plaintiff retrieved its Caravan from Don' sTowing, Plaintiff s rental manager had to remove personal items and half empty containers filled with alcohol from the Caravan. 53. By allowing an authorized driver to operate the Caravan, Defendant voided his physical damage waiver. 54. Defendant understood and knew that a material term of the Rental Agreement was that he would be responsible for paying all rental charges, physi<:al damage waiver charges, taxes, fines, expenses, collection and vehicle recovery expenses, and interest. 7 55. Paragraph 9 of the Rental Agreement provides: COMPUTATION OF CHARGES As provided in Paragraph 8 hereof. The (sic) Renter agrees to pay to Daily Rental Company charges due in accordance with this Agreement at the request of Daily Rental Company . . . . Daily Rental Company may keep any security deposit provided on the FRONT of this Agreement to cover any charges or other liability which Daily Rental Company believes warrants the retention of the deposit. The charges Renter will pay include but are not limited to: (a) TIME AND MILEAGE CHARGES: Renter will pay Daily Rental Company for the number of miles driven and the time Vehicle is rented at the rates shown on the FRONT of this Agreement. . . . (b) PHYSICAL DAMAGE WAIVER (PDW) CHARGE: If applicable, computed at daily charge set forth on FRONT side. Daily charge is due fo reach full or partial Rental Day. ( d) TAXES: Applicable sales, use and excise taxes and any amounts charged by Daily Rental Company as reimbursement for taxes paid. (e) FINES AND OTHER EXPENSES: Fines, penalties, forfeitures, court costs, and other expenses that may be assessed against Daily Rental Company which are due by reason of Renter's possession or use of Vehicle, including traffic and parking fines. (t) COLLECTION AND VEHICLE RECOVERY EXPENSES: Daily Rental Company's costs, including reasonable attorney's fees, incurred in collecting charges due from Renter pursuant to this Agreement or in recovering Vehicle which has been abandoned by Renter or seized by governmental authority as a result of Renter's actions. (g) INTEREST ON PAST DUE AMOUNTS at the rate of2% per month, which if not paid is added to the balance and is subject to interest. See. Exhibit "A" at p. 2, ~9. 56. Defendant breached the Rental Agreement by failing to pay Plaintiff charges due under the Rental Agreement. 57. Under the Rental Agreement, Defendant's rental charges for the Caravan totaled $1,595.84. 58. In addition, Defendant was charged $288.00 for towing fees, parking fines and traffic violations, and extra key charge, which charges Plaintiff incurred due to Defendant's rental of the Caravan and which charges it had to pay on behalf of Defendant. 8 59. Plaintiff only collected $1,800.00 from Defendant's credit card, leaving a balance of $83.84 due for rental charges. Id. 60. Plaintiffs damages as a result of Defendant's breaches of the Rental Agreement include, but are not limited to: $83.84 for rental charges, $2,506.93 to repair the Caravan to the condition it was in prior to Defendant's rental of it, $3,658.20 for loss of use of the Caravan, and judgment costs of $111.50. 61. In addition, Plaintiff has incurred and will continue to incur attorneys' fees and court costs in attempting to collect the charges due to it by Defendant under the Rental Agreement. 62. Defendant understood and knew that a material term of the Rental Agreement was that he would pay all parking and traffic violations due to use or operation of the Caravan. 63. Paragraph 12 ofthe Rental Agreement provides: PARKING AND TRAFFIC VIOLATIONS Renter shall be responsible for any and all parking and traffic violation fines and penalties arising out of use or operation of Vehicle during the period ofthe rental and agrees to payor indemnify and hold Daily Rental Company harmless in event Daily Rental Company pays such fines and penalties on behalf of Renter, and to reimburse Daily Rental Company for all its collection and other expenses including to attorney fees relating to same. Id. at p. 2, ~12. 64. Directly above Defendant's signature on the Rental Agreement it states: WARNING . I have read carefully all driving and use restrictions on the reverse side. . I am responsible for all traffic violations and must turn in all summonses upon return of vehicle. . I will report all accidents immediately. I have read both sides of this agreement and agree to its terms and conditions. I authorize you (Plaintiff) to process a credit card voucher, if any, in my name. Id. at p. L 9 65. Plaintiff had to pay $30.00 for Harrisburg parking tickets and $63.00 for a Philadelphia loading zone violation on behalf of Defendant. 66. Plaintiff was entitled to charge Defendant for these ticket and violation expenses under the Rental Agreement. Id. 67. These ticket and violation expenses were included in the $288.00 charge on the Rental Agreement. rd. 68. Defendant's various breaches of the Rental Agreement has caused and continues to cause damages to Plaintiff. 69. The Rental Agreement was not assigned. 70. The terms of the Rental Agreement were not modified by either Plaintiff or Defendant. 71. The terms of the Rental Agreement were not waived by Plaintiff. WHEREFORE, Plaintiff, Cumberland Valley Motors,. Inc., respectfully requests this Honorable Court to enter judgment in its favor and against Defendant and award Plaintiff damages in an amount less than the mandatory arbitration amount of$25 ,000.00, plus attorneys' fees, interest, costs, and such other relief as the Court may deem necessary and appropriate. SHUMAKER WILLIAMS, P.C. Dated: / L/J/c~ By~Of~ Melissa A. Swauger, I.D. #8 382 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorney for Plaintiff : 172020 10 Exhibit A .-.- .- RENTAL AGREEMENT . RENT1W~.'BASSETT l,;uMtJI:HLANU VAL.Lt:;Y MU I UI'1i:) 8720 Olll'li$lll Pika M!:CHANICSBURG. PA 17050 (717169101B60 8OO-S82.143B No. 4739 OAIG, CAR NO. D4Ste MAKE-MOOEL-YEAR-CO!.OR HOME:...:\pQ.RESS :JiltS LOPAX RD RPT Ll1 .CllY HARRISBURG OR'~ii~~s'o. STATE PH STATE PH ZIP CODE: 17112 EXP. 0JtTE 02/05/200 HOME PHONE (717) 540-6B9. PHONE BIRTHOAT;2/0;/1'9&4 LOCAL CONTACT SOCIAl. SecURflY NO. AD0Re56 EMPlO'I'EA INTl PROFIT ASSOC PHONE (S00)531-762t EMP\.O'I'ER'S ADORESS CITY STATE ZIP I RfFEfIFIED 8Y , will nell under any circurnstanc:eS surrender the use ot the rented vehicle 10 any person other rhan lt1OS8 listed below or in Paragraph 8 01 the back of Ihis Agreemem, Op8/'ation of !he vehiols by any driver In violation of Paragraph 6 i6 pro/1ibited, II none, prim NONE llCf055 this section. GAS OUT If .E _ E 14 NONE 'i\OOmoNAl.; FIENTER'NAME 'liOMIO PHON~'NO.' -. '~.oF_llIRTH ~:"" . .....f .'. I. . '. Ye \41 ElCPIfW.IQN WO'e / / F .! ~:.~ ': PHY&ICA~ DAMAGE WAIVER .: "-=.s'" .. ~DEctmE8" AAI'e $ 20.08 PEA DAY S 148.00 PER WEEK I'x~ ~ I'fJY initials. I sCC8P.C ot decline PhysiqaI ~ WaWtI III lhe tate 1iSIed_~ If I cI8CIlne to pUl'Chase Itle WlIilIer. I ~.h.!n.~!y lur Joss by coIli&ion or Physical damage. regardless 01 CAUII8. up to S < :." .'. per occurrence, WhIch may be cttsrg8d to my credit catcI shown beloW.. . Aocepling r8dUces !"y ~ to $ .:.... . ;'.. .:2SR.:~ ocammc:e, which may De chargecllD my ct8c1R Card ahaWn below. PHYSICAL DAMAGE WAIVER IS NOT INSURANCE. REJECTION OF UNINSUREO MOTORIST PROTECTION I am rejecting uninsured motorist coverage. under this rental or lease agreement, and any policy of insurance or self-insurance issued under this agreement, for myself and all other passengers of this vehicle. Uninsured coverage pl'OtElOtS me ancI other passengers in th1s vehicle for loss and damages suffered if injury is caused by the negligence of a driver who does not have any Insurance to pay for losses and damages. :p'RIVER'S LICENSE NUMSEA SiIU'EICOl./foIRY AePLACEMENT CAR NO. MAKE.MODEL. YEAR.COLOR UCENS5 NIJMBEI1 LICENSe IIIUMBER :> ""71 ':l :: I OOOMETe:R IN ODOMETeR IN ...." -'--. ODOMeTER our OOOMETER OUT DAte AND nUE IN I / _ ~ D'Q._' .~. . " .w. ':""":; ~. ..J AM .J.....~_. 1 tiu' 4 .,. ".';t~OUE. '.' ..... . '1!)C~~REeMENT . :~; .." '. AM' M 4 1? ~QA MII.iS DRiVEN --- ",,~J MlLES AlUlWEtI ... .... CHAReEABI.E MILeS . . MIles a. no ~ HollrB d. it. roo c-_ Day& n Ai;" __ "., Weelce Ci A '"70 IW10 Weekend C, ~ LrIft .-... MonthS It .- TDtaI Tim!! and MIleage Charges $ $ $ $ $ $ $ $ 10 .... "~.~ ~ "!;'. ilUlU ~~C. jVlO I!l. ~~ ..., .._W"(~ I PHYSICAL. [)AMAGE WAIVER (NOT INSURANCE) Sub-TDaII SaIeI Tax ~r Surcharge I I . 320.00 i I, ~~ts. /MO tsb. :Jts c::S. ~G 32.Ja0 s eM ~ s s s s S2..00, Da~ P'Ii\F T~ Gas (Non-T.IlCabIe) a? ClCDW (NoI" TaubIB) PEJlSONAl ACCIDENT INSURANCE Gal. s , I I I I I . I I I. ;j'::1J. F'''' c:tus. !l'lD I I I I 1,863.84 S~TCQl I , PElF1SONAL EFFECTS COVERAGE $ ::L ..1.- 71 - Renter's' .,..? ..... ') '-.. Sign . l,'-M~ .... :-1...~.1f;21 .' VEHICI;&\:~~... ~O~ :t.)~ \f\-\-.t,,<'\ OUT ~.\ ':"-'. .l..).:p., I':>. -r. )~.e.'1'~I'~~~~~ .(l~Zn~~- L1~M I~ AlL. . -...-. .......... ~ RENl),I. WILL BE PAlO fN (J.. r /2 ~'/(J.}> SUb- Total S SPARE COS"lOMER LeIIIi Flefund Far. $ JACI(QJ(. 1ItffW..S_ '(C._~ r: Lea Dep*. : . Nel AIIIoUnI Due $ Me ORC DfJ "E3~ .84- ~ISco-~AS 1AJQ:;~ e>>.J "'MEX CBIOINERS VISA MIC OTKElR CFlECIT AUiH. NO. I DArE I TIME I AMOUNT . r AUTHORIZEO BY: . I I, ca~. ~ 1. ~1lI1O. ~ ~ ..., Not Due Aer~or $ (......., L WARNING ....... -' . . 111_ reed ~ III dIiwing and use ~ricliol\$ on \he rowr$tlllde, . IllIlIroooponeillle lor JlI ".."OC 1IIOIaliop~ IlIld IlI4/tl I\Im in 611 8U1l1mon5..a upon ....1UIil cr lI8tidD. · I 'NIl ,..,lClIt olIll1llCk1enl& i1nmeclialely. I Nile r8lICI bo'~ :!licIee 01 111I& ;l9I1I-enl IIIld e.gree 10 it& teIII1!llll'ld condllion". IllUlllOra pClU III pmc:~ .. credk card VOUCIler, If any, ill my neme. -lL~IS lS~ IN~E! -f~V~E~ DUE ON RECEIPT . ._ . \ ....1 ~..kh ,/ .~~~\ 7J.- \'. ,. AENTER"~ EXTEND 'TO ADol1'lONAL CASH DEPOi.1T D~1: $ EXreND 10 ADDITIONAL CASH DEPOSIT OATE $ CHECKED 001' BV: INITIALS INITIALS I CHECKE~ IN EN; ""'","'" ....... ..... . . ...--.,.- G~NEAAL Q~~INITl~ . , [)e/ly FlentBI'Company romirl ot/lce. even II II I~ In Da'lY''Rllntll' compa,;y.s. PD"~ ~.' :l. Dgllv f:\e"UlI Cemr;anv - ~,,,.... tho VI!I\\ele remal"""?-hown on Ih.. FRONT elde. whk;h j, ~~"~~,~,OI.lNI\oJii.lItrQ~.Rl!l'II9r.~I.e.!\ll1l.6\1~lnC(9l1lriI~.Jl.li!I.~:P~;8~8rC..P~~ !\lIlndependem dally I'11nl~ dealer. Ita lIglln~ llnd.omplO)'ll!8 P1armlellllllglllnat llll oIalm. rnade.I!r.~enr for.sUeh'lllSS'O; cl::l' .. . b. 8An1e! - means the 'ptm:;on(S) al[lnlnglPlls Allt9E>JT1ent. ;)nY'Olhor person or 9fIl1ly \D llIhietl a. PAYM!"NT OF CHARGI:.S, All chargea B/'lCl other:amlllllJt; billed Pur1sLletll1ll' Ill/a Agreem rN>en~:: Ihe chQrgll~ Incurred under this ADrwrmtonl ,.re, '0 be billed. and any AddltlonQl Re"ter ~y:lblc lly Renlar \n In cash lit GCI'lc/IIS~ ~.:.~I8l.:Or (lIl1t a crvdlt CIlrd acceptable 10 O;;ty - shown on the FRONT at lhla all,",""n/ Dr o!hcrwt,,, permille<<l to drive me V"hlole.wlln,11le . RentllI Compm>y,i":USllt!::1lPon'>A9I1l~~"oh~atatllm~6:"hT'llCeo .... written consent 01 OtI\Iy Re~1\l ~ly. , .!lance W!Ut.11le terms .g! ~ ala19melll or InvoIeiJ. CREl)JT' CARD RENTER '" c. ~. means 1NI molor Vahic:le GCserilled on the Fl'IoNT aid" Dr IIIb AgrtlemElnl and ',l!I'AILY:F.lr;;lllTAL COMPI\NY TO PROCESS A eFt AUT-IiOI'lIZlES Includes all tires. 1",,1~. ..cc..~."rie8. l!(lulpment. ~aya and Vehlcl~ documents In <>t,' on: llm""" .'.. . 'RE~'S 'NAME FOFi' CHARGeS AND cONSe~~ ~R~~~~J:I~.F\. I~ APPUCA6LE, I N Vehicle. ' . . ~RO ISSUE:R FOr\ All AMOUNT .. AT/ON OF' CREDIT WITH a. RendnSllSll<""".O - means 1/Ie DalIV RSllteJ Compony 'ocal/on shOlY'l Qtllhc Fl'lONT side 01 9. ''''''''PllTATION OF CHA""''''' A. EQU~~.~~~ ~~~GES DUE.. . this ASJrCI"ment.. ................,...." pro n _............8 ,....""'1. The RD/'Iter egreea 10 Day SMAL 01= Vt;;HICl~ AND RJmPON~I~1 IlV 1'01'1 PAYMENT ~ rol>l8l ~DQrlY t1gnlO. 10 to Dally RmtlII CaIIlpllllly.a1 ~ du9 In ~ wftlllllla A{J1'tI8IMrlt lit B>o requeal Of . r;onl V,*,iGIo 10 Relller 8Ubjec:l1O all 01 the \OflTl!: and condlllone on lhl. page.8nd on FRONT ski.. Ddlly RanIld CDmpDtrJ. If ~r cllltlel8 Oally 1'1........ Cclmparyf "> blll lIl8 CIIilr99l1..... ..nolher' .~\her prinled or written. A11~ or t1nt11lorc Who llrtllly dellnlllon lIle F18fM1' _Jointly linG pllr!:Oft or COIIIPany wtc. or whicII falls 10 mille JI8YfI18IIt \IllOI1 being baled, IIIe Remer wfII pay a9VElI'8lIy 1'11~~1O DeIIy~ Co/tlll&r,llrh>r~JIUe'UI1d9r""d;r_'ltlnl. the.charon upon ~~ or Dally FlenIDI Company. Dally FlenI8/~. may. keep IIIly NATURE Q~ ~GR~,"M~NTN!!H1otl' REPAlR~AJlRANT'f DISCI. AI~R Vehicle Is 0I01ly somJt1l)' d9P08lt provIdiid on Iho FRONT Of tI1l8 Aor-* 10 cover any cllef98S'OO' oIh9r RlIIltlll Com pliny', .p~rfy. 1'lIfe ~'I& lI- ~ only lor UM of"llNIlIe while'. ~ babllllY whld1 Daily Fllme1 OO/llP8llJ 1*ktv9s -*Ita !he rlttenllon or lh9 fk~il The Is on renl8l "> RenlQr..ReI'\Ia'f"Ja' niil'.DilIrf.RenIllI CompMya agent or 9InPoyell. nor Ie ~ c:har;ea Flent8rwllt"pay Indude but... notllmh8cl'lD; '.. condUcl'under;DIIIIyi:l'IOritIl1i~a. CtlIIlId, 10r fII"I pIIIpOI8. Nrf, ~,1D,~ Illplecement Ia) TIME AND Ull.M(iE ~AaeS; RenIJar.wII P8Y eeM,.flenwl eomp...yior"'-' ~o," ; of s part or 8l:Ce8S"ry,~ Vehl~ll.dII"'ng rental must !'&v. DBlIy Flenlel ~ny'8 p~or. ,"/198 llIlven llI1d.'~ ~ ~.':' ~ lit...,.... s'-1 on \he FAONT of!his . approval. Renter 8Ollulre&' no" rlgme OIl1.r than 10 IIt* Yell/de In _rdanc. ""m till. 1Iovr~ The~llI;,w. oJ ........ . be lIllWiIiliiiIiI W...ang'1Io tiCfOiylnaailed ' ; Ag_ll\llIIl...t1ll1'y a~I:.c;o",~ ""~9..w~...DF"-MY..~ .' ~~RE OF! ocIDmel8r. F1_.... 'lClI detacnh alla"l8l8n.llllth...atla bnIken. .........:;hal~y , . j).li!SOR!nlO~.' Ex~:S$ :aA11~.L1ED::ASl3A:RPfNr,;-:VEftl~. .... F.I~Y _ for 115 ~It.or rlIP.Illr....~.~ c:tllI(ge.~ "> lha._rage mIe8g DISCLAIMS' ANY I~~AR~.~~", ._ _~~C:LE \1IH8kIptllI~~I~CIlbellJl'lwnlilc:c.np.n,. · . FOR ANY PARTICULAR l'iUfiflOSE. Daly FIInlIII ~ ioiieTin nor:- be.."".. obe~..,. "~f' P.MYSIdlL:MMIlJl:.E~~~If~'~' . . Renter,lor'''''l'lllCllr8Ct. 9I)8lllIlIor~~"'.~.wIIh-ii!':~'tiUt~.~. ~ ". .......~or.',FRONiF~.~....-~.rv.:__W"cir~A'enai~~.. ~ ~rnlllhln!j.~ance~~,!ll.~ ...... ., ::-__...:~'~~'., ""': <c) 'PeASONALACClI)EM'.QlIS~'(PN) inif~~~EMG . ~sPONSlAIUTY ~DR 'viOMiCf ~ ~nlTlClNlRlmJR~SIiJQfll ~.-'~ /811III1.' (PEe) CHAFlGES: It "r~~ rb18 ClIlIIPlII8d."" dl;lrfe lettorlll ari f"1!ioNT $ldc..'DaI1 6. Vohide (0. 0aIly ~. company In ._ CllIldI\icIn... IIlClllIwId lO ~......... ~ or 10 ct>arge ill dUe far e.1dl1ul or ~ ...... daSI- 'TIIIe8 _ CIIlIiorl8I ~ cove Y .$llc:h IccalIl;In .. ~ for1h Ql1.F~'" on !he'" ~ ~ ~ ~~ '!O :_.. . c;~or-IlfY~~""~;""""'. rages. 5UCh 10C31ton lI)I eNe datlI (0' wIIiin INl\y po) dBy8 of ,.QI'f_IC8llllInl~or.:~~ ,Ill ". . (d) 'I'Al(ES;:..~r ~ ......:U.Ma:."'......--~~.lIIxiil.~_~~~~ ; eaflle.). Dell)' Ranlal Company ""'Y ~.v......_~tIlIltt thiinMlheo ~RerMA.. : .~_I8Im&__.....~..:..:..-:-:.:o;;;.,:,:",;.'--:<' : ...... . ........ expsn&e. D3i1y ~~ntal ~PII"Y _.rIg~ 10. ~_~~~ ~ ~i~~~l;<:--: lef,,~INes:.Aau;t.mJ:iEA:~__Ai'''i~{J~~':ac~~ i'" : < "emend. ~t Renrer'a -1198.11 Vohlt:lels -......... -*-' UlilIiIlo(an~Pf.'" I ..-"'~~~;:;';''''':'''jj_.''.~i"'''~~' ~. ." .... . _, .-.n---."..: u' ~ Wft..w . .~~ ~-.-:t......, " :,. .,.... '. ' . . ..->........_~~M-:!"'"I!._llf_nJ_'1 =,,!"__' "" ~__-...:J'" '. ~ .6PPIlI8ftdy,~ Remer..... prtor.IIOlICe..~liieifIQ.ancr . ~ ,'.' ,'. :'oi~pc,i~riii1Dk''''III8.llf~lii~'' ~_CJ.:ii.,); '. ..~.~"':'. ptD~~c:-a5 il ~~~~:. ~~~~~.:~r::w~-'t:.t~::~~..(J)_:~~:~~1!lIii,~~t5.' .. Plen.... ompany u_, ,....., "'" or ...... ......__ -- -.. .~:..' . . ____="'~..... _.l..:"...:........~"'- .' 3nd Renter will not held Dally Flent8I OOlllpllft)'.... ft;l.:.crvtI:~ relpOlltlble.Ioi:..~~~ . : inc:hJcI;ng ~...--rc.--:"-_....clllIfRt:Ing c:rwvee... '.arir~r . ;aCtions l1I.reposHl':O Voh\cle..ln'lIte ll\ItIftI '01 ~ v-. ~ for any _, ~:"'.r ~ p~ ">.1Hr:. ~~ or .. -""9 ~ WllIt:h "- bMro ~~. . >10"181 ~ may. Ot its ~ ~ tNa~8f1d nmc.,., ,~,.~,,:' :;';:.~ ~.OI'~ l1t:f~.J!!IIIP.I!r._a-*d~~ . . . ~Iha 1I!IrIP8.ot.a.ft8W.~ ... . . . .' . _ -. - .....- .--_..... .....~i Is/) ~ ~ DYi.~ ~ d.Kopernililllr. "'*" ilMJ PII!II. . l...QaSOFO"'DAMAGEm~~I.~V3IOAlDAM~C:WANFRIPDWl''''Yi:llIc:llillllallt:'6i' . .,. ...-dcIlIlMo....WIerrd........~~.;:~i..' '::~ .:.:, '~'>:'f', ......., d'l\m.-,gcad Whll& on renllit whctiar or.not 610 F\8i1liIr':o ~ 1'IlIft!8i"~,p;J)".DaiIy FIlII4lBI AU:.OI:It.AGES'..ME""~l'O ~~.-cIti'~ 1I-1a11nd" ~riI CoInpany.on demend.1he alll(l(lDl iIIl:Ui:h-108S or ~t11 ~"riIIIIII}Nlge pIus.'DlIIIr AIInII!l' .RenIer.aulll!JlZW ~ ~~ .~;;R l.'IIlrIIIICl MIdl ...... lIIdudIag.~.!IAy .OOmpll/\y:. ~expeneea, ~"""ofuee. . " .: charge, card inwlicae atgned by.~. lo,refIeCl-lCORKt~.....-m.OCIIf!le.cf ; nVllflfcle.usad1nacconl8nc8....liItIImIS'andcoc,",of.Ihis~.~Jc....aiIy:. . ...~~RerMr".. ._. ~ J\::..,}...,:: ,.'.~ . ,:..~C~.~I".v .. .,....... :===~'=~'~'~'''.l'IS:. . .'_.. ,1~::=.:;~~=:.'":.-;:~...L~~b)'.~~ , '/Al ItA...~m.~waiVer8l1heIQid~1lSlInl)lel!fW"ixlr':'" K;~~..i.-~~~~ ,f \e.beIed..P.:DW.DEOl.JtlIED, A8I1tIlr.5~..IlnlIted~.MIciurW_1otth llhIf~""'ot~li ~~. I::iiw or : on FAONT 5idlL . ..,.,.-.... ;om! (81 lfRenter_pIIIPhyslcalOamllpe~_~r8Iit8t"~llebox~;".:-~ .:. ~~L.~~""'~~~~~ PDYVAOOePTal.AanIet'al'l!llPOl~"fiir'IfIW~IO"';arhClllIIl"'IOrlII.on'" ,,", '-::~pl;;..;;.e,niilii!iF~'" ~~J~"~oIlri111f:.D,l.~ ihbFRONTlI/de. '...... ."...... .r-'-.-:": -4' '.:!~~ .... .~~~QIIIsod~ ~~lMGE'WAI'IE1il1SDAry~Tl\t.~~:.. " .: ~~5J.r'~"'~"'~~~~~ flESPONSlSllJTY.rT'I9NOl'<lNSURANcE. . . . - . . '.,t. . .: ..~~. .Y . '.~'AriNiiAiUtT:flI!P.bRf'-' , '.. ~ ~~~~~~=~~~. COMPANYWITHtft~""~~~~1Iliir@R~~~ VlOI.AT1OI'I OF THIS AGA!!!:MENT, ~$oIAU.1lI: lESf.lCIHSaE TO DAIL" UAIIIlJ'N IN6URANC& CCllft:MGE tec..-o.."'Jt1IS 1'N".tlGFlAPH IS VOID ~ twL'Y RENTAL ~ FOR AU:L0S8 OF OR ~TO'.YERICt.5:0PT0 ITS FUll. AENT}IlL COMPANY PPlOVIOES NO LIAIIIlJ'NINaUAANCE TO AENniA UNDER YAWl! PLUS NlY lNClDEH'ML I'EI.RED COSTS ~ bf'I NOT THlSAGAEEMEHt AENTERHASACCEP.TeD PH\'SIC:AL.DM\I\GEW~.., . " .,. . 11. REPCIfi\TtNG Qf -anntnI'NT!\ AND ....- OR ~ VIOl ~ ...ntii':t\a1l eBQHtWTED Us!;S 011 ~ VehIcle..... NOT. undDr.", ~ -... tor . ......... ..'........Iloooahtlnt .....~Flool.... eamp..,. ...... J 'II i:~~ . any 0I1d1oW1n!1 purpoeeI \lfundet~oI'IaIlMInOcondItiom.._lIIY.ado .bWlTl:lOtlt ....AdlIlIonII ~ ..,.......DllIy.- I' r. ....-.r....D~..... N' . DaII ABnI8lCCll:ftPMYPE)WlSSIPN: ~ ~., _'_. . '1Ireucl't:p.tj ~:....':iui:tIi'~~. .', ~""" ". .' 18 __....... ____~:>":~....1!'l~~~~~~<"".;~ ~ ." .~ .._ _....... """'" --.-..... ^,~.., In''' '.I8I1i;'.....:u:....~ ,. ...:::.. ,:JI"Il ~ , (3) yanyone_............. ~~"F ............ -, ~ ""'...,.,., CMlp--IIlf -- ~ - -In ~1iIICI iIrId ('" By llIlyOrIct under !9: 23. . . ..... '.'" ~ or any cIIIIIIi or'iMclll nIIliI*lg iD. .;n;lIi1II"1IceIIliInI .... ~ DlIII1 ~ .. : le) By \If1yON! Who IaIlOt aqtJ:lllltd anIlllcllnllCld.drlw.t. .... .. CccIIlIarIY 10 obI8ln '""" II"~ NtIoctIy...... ~ lIleMf ., ~ <ll . Id) ~Wh0B8~:-:'ineny"",,"~~~~1he.... ...er1i~.J=~~l8l!l!l!.ctlll!XlM'l.:r~. .-w-. _._ . (e) Tocarry~~&hII8.~~~~... ~..."~.::. .'.~,=~._~ ....~d..w.;4!flII~:8Pd (I) Tapropel\lfIO\V..,Velllt:lll,"'8Il8ror~objlIcI. \..,.,,~"., ,.'1. '. . >al...~~r.:.i:t.:...~~ .'. . ~, ~.tluMg~pIIIlod ; ,~' In"....--.-OI'---.. . -. ... .,~. ----.,........." ... .. "-'-'. .... '1~'J " .~'.:r....~~~~~~Mwent U1, ...., '-. ...... -- .. ~ . .. iAeIiIel........_'7 """a eudt "- .. ~. a. Will or Aolriler. . '. " (?I) For t\t'1)' IIogaI pt/IIIOI8 or _ 'uIM 01 a crimq. -:. Dili; ,- ~';o, " ~ _ ...~'..;p....... . ar'!f ':.. ~-- Ii) 'lb"'&lrtXI./lunllcenBcldPllftlOllilloperlllondYd'licle...' . 1D~1Mt ~....-.m_.' IIIlaIntrr ""9 III .'WlIhIcIcI'~OIlIllJFloItttICcICnII8nYbytr._h"mIIr~ ~. ... ,J .:I.t~l.,!: 1n~"'tclio.Wlth. (kl Tocany~OIhClr1han"'~~ltofYellcW." , ".: ", .:.; ~ ~'W1INW.""or~of'llllil>>Pl ~ . (II LoI!IdIng Vel1ir:I9 bcI)ond ill rMIld ~. :'\'t""'-':Ylt:~' ':' :l" :.,. ,:., ....: tJIr/IIar eny ado AcItIilIonJI "'-nler(t). 10 ~ any ~ tlQIIlt:Y hIavIng ~ lm) While under Che i..... or IIcOIlClI ~ oOw 1nIordcII1lI"~.Dr.~ or UIllIer any Sia~1D 'TT',~ . ~ ~ ""*11 b.ay olt1~ pl\Y'iCa1 of ~I ~lnl'ertl whlch ~~.~"\"s ii'liiit."" aP9taID I/le ~_In""iii......~ .,. "-- .......1.. . .,..... l/,;: .:" ... \.'."'. '~"'~ll""''''''i''!,....r;..... i 13. lJlIe........."""Yt!IlICletl8l/lllllbcr~orll1lilst."..,.....~ . ,:II................ _, ..., .._~.,...,_. ~--'-"". -.-'- ',,--,~-oI...I... __... -7 . (n) lrile/l1lDlllilly~~~ tca.at:lhil~~-';' ~..';:':''';'' ..:.'::;,.,::t; ,... i& ;'("~ ..-- ,-----'~....- ... .., ;IIIamptIII1l8IIWflo-4 ; (QI OnOlherlh.....p01ICIClTOBdC!"~~."!I"\If~... ... N~. .' ....: 14. ywA~~Of.~ TtlI5 ~ Is IlIe e~ lIgfOem.", (p) In an uMafe. recldo::&. groeirlyll~ 'Ilr W8IIIOft ,.-..nor, 'YfOIiiil!'it '" 1t.stJ1t: law or \llllWIIIJIl Ronler and DIll, Fleft181 ~ ND CIIhet ..-.n... pIOIIIilRas or ~ receiving a UCket JrI.1I) acciCIllnI.,nat "'~" vIUIIiIIOrt cr....~. but may ~ eld8l b~ Renter and 0;0Iy RontaI ~ wIIIl tegIIId 10 .... '9ftIaI. No rermt or an Indlt:slloro thai a VIoIatIcn oIlh1s pnM8IOIItlIS oeedrer1.-:~. 'f. '''-'-''''-::--.- . :...... cancIiUOII oC ltlis ~ 'MY" ......, \If rnocMId .. ID o.a, AilnItII.Camp8ny IlUltlpt hi PROH1Bln:O iJSE OF vEHi6t.E V1ov;TES THIS-AGREEueiq"r.:'voIOS ALL L1ABI\J'TY AND writing. alQned by a Dally Allllllll eom,-, .epr---'" wIlo tiea bIert ~ auIhoIlzed . OTHER IN5UI'IANCE COVERAGe (WHERE PERMITTED BY LAW), MAKES VEHICLE Sue. III do !;O lI)I Dally 1'lent8I COlllP8nY. "lIIIlDr 3CIaIOWIeclsIw lhellhl. A~ is lIeIweec> . JECT"TO IM\lo\EOI.'Te RECOVERY By DAlI.'t. ~NTIil.tnAI'AN.'f. VOIDS.~.ow ANQ MAKES Flen\er :ancllhe DRily RI)IlIaI C~ ll/'lIiIy IdenIIlIecI on "'" FFIONT 1IIde.''Rontelt hatey.-. > RENTeR RESPONSIBl.e FOR '~LL I:OSS OF OR 'DAM~'Qe mOOR cOf.lNSCTi6 WITH rele_ Il& aganl& al'ld "",:Ne>yeol> rlOlft any ~ 10 FI8nI1lr uncIer ... AgrMm.mt." ;, vEI.nc~E. I'IEG~RD~~ OF G~US,~..INCyJP!~G B~ 1I:lO'r L1~lTel?.1!l..BM~,!)~~N'T~L . ..~~~lIlNa""~~of-!~..t~Ol'-~~'~~~':'~~' .lIJ!!l~ ? COMPANY'S EXeNSES.INCl.UDING..06S OF use. .' ..: ..........~- .-''''........... ..... . - ~- ..,.. .,' . '.: - . RFSPONSlSlll7Y F'OR PRQ.E>r;;R"(Y IN \IelICLE Daily l'IenwJ CDITlIllIIlY Is not 'El&PO"dlle for 15. f.BQ!:!!.1WJP.I\I...ax..LAW If ;11)' prcMslorl d this Ag/8emeI>t is pI'ClbIlIted by ...... iI sI'lII nOl lo~ 01. or. r.ltlmaae 10 pr.openy 01 ~ Renier 0!:.CXJlet; ~..~.Il())'..'n'tI.iI'I..~ OI1.Ye!;IIcIe ot!.n ,~. . w ..~"" .r;m~.!'9P.f01!1e1t!n... .-," -. ... -. . _......~ '._~-"-. ::s '''''U'''MLI Ml:" I~L ...."ccmc'.' SACK.-" .. .. ,. ... CFD,~5~.N BACI( 7'9<1) . : ~ .' . Exhibit B METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (CRSIPINC) PAGE: 1 CRASH REPORT 10/19/04 MZC1 HD21 CRASH NUMBER: F0003033 INCIDENT NUMBER: 20031006078 HBG CASE CLOSED: N AGENCY: DISP-TM: INV-DT: APP-DT: COUNTY: 22301 HARRISBURG CITY 1219 ARRV-TM: 1223 PATROL-ZN: 216 PRECINCT: 10-12-2003 INVESTIGATOR: BURGOS, EMMA D 10-22-2003 REVIEWER: KARLSEN, CLIFFORD A 22 DAUPHIN MUNICIPALITY: 301 H~RISBURG 123 WALNUT ST BADG: 0057 BADG: 0510 CITY CRS-DT: 10-12-2003 TM: 1218 #UNIT: REPORTABLE: Y NOTIF HIWY MAINT: N SCH BUS RELATED: N FOLLOW UP: Y CITY PROP DAM: Z 2 #PEOP: 2 #INJ: PENNDOT PROP: N SCH ZON RElATED: N 1 #KILL: CRASH DESC: 4 REL TO RDWY: 1 INTERS TYP: 02 SPEC LOC: 0 ILLUM: 1 WEA~rHER: 1 SPEC JURIS: RDWY SURF COND: 0 RDWY SURF TYPE: PRINC RD - CNTY: 22 RT#: SEG: #LNS: 01 SPD LIM: 25 ORIENT: N STR NM: N 5TH ST ST HOUSB#: RT S INSEC RD - CNTY: 22 RT#: SEG: #LNS: 02 SPD LIM: 25 ORIENT: E STR NM: REILY ST ST RT SIGN: 4 LANDMARK1 - RT#: MILEPOST: 0000 SEG ~t!ARKER: ORIENT : STR NM: DIST FR CRASH - FT: MI: . 0 LANDMARK2 - RT#: MILEPOST: 0000 SEG ~IlARKER: ORIENT: STR NM: TRAF CONTROL DEVICE TYPE: 3 WORK ZONE - TYP: 0 LOC: LN CLOS: RD CL/DETOUR: LANE CLOSED DUE TO CRS: 0 FUNCTIONING: 3 SPEED LIM: SHLD/MED WK: DIRECT: WORKERS PRES: MOVING WK: FLAGGER: OTHER: TRAP DETOUR: EST TM CLOSE: FIRST HARMFUL EV: 02 UN#: 01 ENV/RDWY FACTORS: 00 MOST HARMEi'UL EV: 02 UN# : 01 PRIME FACTOR: D 05 UN#: 01 WITNESS: REOMAN HAMPTON ADDR: 1326 STATE ST HBG PA U-2 WAS TRAVELING WEST ON REILY ST. U-l WAS TRAVEllING S ON N 5TH ST, U-l ENTERED THE INTERSECTION BEFORE IT WAS SAFE TO 00 SO AND WAS STRUCK BY U - 2 . ACCORDING TO WITNESSES, OPER OF UNIT 2, LIGHT COMPI,EXION FEMALE, HEAVY, SHORT DARK HAIR, GRABBED SOMETHING OUT OF THE GLOVEBOX AND RAN ON FOOT TOWARD 6TH ST PH: 71.72219629 VEHICLE WAS TOWED TO DON' S . U-l WAS RENTED BY TRIPP BASSETT, 509 LOPAX RD APT Lll, HBG 17112. W/M/2-4-64. MS KIMBERLY OLLER, EMPLOYED BY CUMBERLAND VALLEY MOTORS, CAME IN TO GET THE TOW SLIP FOR THE VEHICLE. SHE STATED THE MR BASSETT IS THE ONLY NAME ON THE RENTAL. BUT SHE REMEMBERS THAT WHEN HE WAS AT THE OFFICE HE WAS WITH A SHORT HEAVYSET, LIGHT COMPLEXION B/F. HE ALSO TRIED TO TELL HER THAT THE VEHICLE WAS STOLEN. - . REQUEST FOLLOW UP. SEE PROPERTY RECORD ITEMS FOUND IN U-l . COPY OF RENTAL LEASE, SENT TO RECORDS AS EXTERNAL DOCUMENTS METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (CRSIPINC) PAGE: 2 CRASH REPORT 10/19/04 MZC1 HD21 CRASH NUMBER: F0003033 INCIDENT NUMBER: 20031006078 HBG COMMERCIAL VEH: N UNK UNIT NUMBER: 01 TYPE: 01 OWNR NAME: UNK OWNR ADDR: UNK UNK VIN: 204GP44L13R274035 YR: 2003 MAKE: 07 LIC PLATE: ENF 2660 PA TRAV SPD: 999 INS CO/PO/PH: CUNMBERLAND VALLEY MOTORS CAR10100 TOW TO/BY/PH: 1128 JONESTOWN RD DON'S 'rOWING # TRL UNITS: 0 TYP UNIT: TAG NO/YR,ST: TYP UNIT: TAG NO/YR,ST: TYP: 01 SPEC USAGE: 00 DAMAGE: 3 DIR TRAV: N MOVEIIIIENT: TEST TYP: 0 RESULT: DVR PRESENCE: 4 PEDESTRIAN CHARGED: POLE#: POLE#: POLE#: POLE# : VEHICLE COL: 07 INIT IMP PT: 09 ALCOH,DRG SUSP: 1 OWNER/DVR CD: 99 VIOLATION CD: HARM EVENT 1: HARM EVENT 2: HARM EVENT 3: HARM EVENT 4: VEH FAILURES: 00 (45F1) DVR RESTRICTIONS COMPL: AVOIDANCE MANEUVER: DRUG TEST TYPE: 02 L/R: L/R: L/R: L/R: U PA 99999 ROLE: 2 POSITION: 03 12 GRAD: 2 ALIGNM: 1 PHYSICAL COND: 9 SIGNAL: PED LOC: DRIVER ACTION 1: 05 DRIVER ACTION 2: DRIVER ACTION 3: DRIVER ACTION 4: PEDEST ACTION : DVR ENDORSEMENT COMPL: DVR LICENSE COMPL: UNDER RIDE INDJ:CATOR: EMERGENCY USE: RESULTS: PRINCIPLE IMPACT PT: MHE: Y UTIL MHE: UTIL MHE: UTIL MHE: UTIL UNIT NUMBER: 02 TYPE: 01 COMMERCIAL VEH: N OWNR NAME: NORTH BERNICE OWNR ADDR: 404 READING ST STEELTON VIN: 1G1BL52W5TR100912 YR: 1996 MAKE: 20 LIC PLATE: DCA7604 PA TRAV SPD: 999 INS CO, PO/ PH: DONEGAL MUTUAL PAE049S090 TOW TO/BY, PH: # TRL UNITS: 0 TYP UNIT: TAG NO,YR,ST: TYP UNIT: TAG NO,YR,ST: TYP: 01 SPEC USAGE: 00 DAMAGE: 1 DIR TRAV: W MOVEMENT: TEST TYP: 0 RESULT: DVR PRESENCE: 1 PEDESTRIAN CHARGED: POLE#: POLE# : POLE# : POLE#: VEHICLE COL: 01 INIT IMP PT: 12 ALCOH,DRG SUSP: 1 OWNER/DVR CD: 01 VIOLATION CD: HARM EVENT 1: 01 HARM EVENT 2: HARM EVENT 3: HARM EVENT 4: VEH FAILURES: 00 (45F1) DVR RESTRICTIONS COMPL: AVOIDANCE MANEUVER: DRUG TEST TYPE: L/R: L/R: L/R: L/R: MHE: Y UTIL MHE: UTIL MHE: UTIL MHE: UTIL E 7172387860 PA 17113 7177611919 ROLE: 1 POSITION: 06 01 GRAD: 3 ALIGNM: 1 PHYSICAL COND: 0 SIGNAL: PED LOC: DRIVER ACTION 1: 00 DRIVER ACTION 2: DRIVER ACTION 3: DRIVER ACTION 4: PEDEST ACTION : DVR ENDORSEMENT COMPL: DVR LICENSE COMPL: UNDER RIDE INDICATOR: EMERGENCY USE: RESULTS: PRINCIPLE IMPACT PT: METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (CRSIPINC) PAGE: 3 CRASH REPORT 10/19/04 MZC1 HD21 CRASH NUMBER: F0003033 INCIDENT NUMBER: 20031.006078 HBG * * * * * * * * * * * * PEOPLE INFORMATION * * * * * * * * * * * * * PERSON TYPE: l=DRlVER 2=PASSENGER 7=PEDESTRI~r 8=OTHER 9=UNKNOWN INJ SEVERITY: O=NONE l=KILLED 2=MAJOR INJ 3=MODERATE 4=MINOR 9=UNK UNIT NO: 00 PERSON NO: 01 TYP: 1 INJ SEVERI'I'Y: 0 DOB: 99999999 SEX: U NAME (L,F,M,S) : UNKNOWN UNKNOWN X ADDRESS: UNKNOWN PHONE: FLED SCENE PA 99999 DRIVER LICENSE: ZZ UNKNOWN SEAT POSN: 01 SAFE-EQ1,2: 00 00 EJECT: 1 EJ-PATH: 0 EXTRIC: 1 TRANSP: N UNIT NO: 02 PERSON NO: 01 TYP: 1 INJ SEVERI'I'Y : 9 OOB: 19270317 SEX: F NAME (L,F,M,S) : NORTH BERNICE E ADDRESS: 404 READING ST PHONE: 7172387860 STEELTON PA 171.13 DRIVER LICENSE: PA 13549478 SEAT POSN: 01 SAFE-EQ1,2: 03 99 EJECT: 0 EJ-PATH: 0 EXTRIC: 0 TRANSP: N VERIFICATION The undersigned, Monique C. Ullom, hereby verifies and states that: 1. She is the President of Cumberland Valley, Motors, Inc.; 2. She is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Amended Complaint are true and correct to the best of her knowledge, information and belief; and 4, She is aware that any false statements herein an: made subject to the penalties of 18 Pa.C.S:A. S4904, relating to unsworn falsification to authorities. Dated: I!I 5 f O't ~- Mc-~ _omq~ , reSl ent '-- VERIFICATION The undersigned, Kimberly R. Oller, hereby verifies and states that: 1. She is the Rental Manager of Cumberland Valley Leasing, d/b/a Affordable Car Rentals; 2. She is authorized to make this Verification on Its behalf; 3. The facts set forth in the foregoing Amended Complaint are true and correct to the best of her knowledge, information and belief; and 4. She is aware that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Dated: / 1//5 {()t ) ~ #170511 CERTIFICATE OF SERVICE I, Melissa A. Swauger, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy ofthe foregoing Amended Complaint on this date by depositing a copy ofthe same in the possession ofthe United States mail, first-class, postage prepaid, addressed as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PAl 711 0 SHUMAKER WILLIAMS, P.C. Dated: [J-\~\~~ By ~ C\< S'JU)JHC Melissa A. Swauger P.O. Box 88 Harrisburg, PAl 71 08 (717) 763-]lI21 ,w "'-'" \t;l f"....:l g--:; ..c- o r'n C) I C,,) ~ -l _or:. -r1 [-;1._-;". - hl r? j'~ ~: C) -- RICHARD F, MAFFETT, JR.. ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Defendant CUMBERLAND VALLEY MOTORS, INC. Plaintiff :IN THE COURT OF COMMON PLEAS CUMBERLAliID COUNTY, PENNSYLVANJ:A v NO. 04-4~l05 CIVIL TR:IPP BASSETT, Defendant CJ:V:IL AC~~:ION - LAW TO: PLA:INTIFF, Cumberland Valley Motors, :Inc. You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, /{A~ l~}J 1/ Richard F, Maff t, ~., Esq. Attorney for Defendant Tripp Bassett RICHARD F, MAFFETT, JR" ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Defendant CUMBERLAND VALLEY MOTORS, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERIJUm COUNTY, PENNSYLVAN:IA v NO. 04-U05 CIV:IL TR:IPP BASSETT, Defendant ..............h....................................................................................... CIV:IL AC~~ION - LAW DEFENDANT'S ANSWER W:ITH NE\'I MATTER AND NOW, this 26th day of January, 2005, comes the Defendant, TRIPP BASSETT, by his attorney, Richard F. Maffett, Jr., Esquire, and submits Defendant's Answer With New Matter, and in support thereof, avers the following: ANSWER 1, Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 2, Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 3 . Admi tted. 4. Admitted in part, denied in part. It is admitted Defendant rented one vehicle on one past occasion from Plaintiff, It is denied Defendant previously rented multiple vehicles from Plaintiff, or on more than one past occasion. 5. Admitted. 6. Admitted. 7. Admitted. 8, Denied, After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 9. Admitted. 10, Denied. After reasonable investi.gation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 11, Denied. After reasonable investi.gation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 12, Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 13. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 14. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 15, Deni.ed. After reasonable investil~ation, Defendant is without sufficient knowledge or information to form a belief as 2 to the truth of this Averment. By way of further answer, Defendant has no wife and has never married. 16, Denied. It is denied that Defendant spoke to Plaintiff's rental manager on October 15, 2004. Defendant did speak to Plaintiff's rental manager on or about October 15, 2003; however, Defendant did not state that his wife had taken the Caravan, nor did Defendant tell Plaintiff"s rental manager that the Caravan had not been stolen. Defendant told Plaintiff's rental manager that the Caravan had been stolen. By way of further answer, Defendant has no wife and has never married. 17. Denied, Defendant did not permit his wife to drive the Caravan. Defendant has no wife and has never married, 18. Denied, This Paragraph is a conclusion of law to which no responsive pleading is required, 19. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required, 20. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 21, Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 22. Admitted. 3 23. Admitted in part, denied in part. It is admitted Plaintiff charged Defendant $288.00, After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to whether Plaintiff paid $288.00 for towing fees, parking fines and traffic violations, and an extra key charge. It is denied Plaintiff incurred any towing fees, parking fines and/or towing fees, and/or extra key charges due to Defendant's rental of the Caravan. It is further denied that any such charges were payable on behalf of Defendant. 24. Admitted in part, denied in part. It is admitted that Plaintiff charged $1,800.00 from Defendant's credit card, It is denied there is a balance of $83.84 due to Plaintiff from Defendant. On the contrary, Defendant has paid plaintiff In full. 25. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 26. Denied. It is denied Defendant cdused any scratches, vandalism, and/or damages to the Caravan during the time period he rented the Caravan from Plaintiff. After reasonable investigation, Defendant is without suffic:.ent knowledge or information to form a belief as to the truth of the remainder of this Averment. 4 27. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 28. Denied. It is denied plaintiff attempted to collect sums Defendant owed to it under the Rental Agreement. Defendant has paid all Defendant owed plaintiff under the Rental Agreement. COUNT :t BREACH OF CONTRACT 29. Denied. Defendant's Answers to paragraphs 1 through 28 are incorporated herein by reference as fully as though set forth at length. 30, Admitted, 31. Admitted in part, denied in part, It is denied Defendant was familiar with the terms and conditions of Plaintiff's Rental Agreement. It is admitted Defendant rented one car on one prior occasion from Plaintiff. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to whether Defendant's previous rental from plaintiff occurred on May 12, 2003 through May 23, 2003. 32. Denied. It is denied Defendant understood and/or knew that a material term of the Rental Agreement was that he would be the only driver of the Caravan. It is also denied that a material term of the Rental Agreement was that Defendant would be the only driver of the Caravan. 5 33. Admitted. 34. Admitted. 35. Denied, Paragraph 35 states a conclusion of law to which no responsive pleading is required, 36. Denied, Defendant has never been married. Defendant did not "admit" he permitted his wife to drive the Caravan. Defendant did not "admit" he let anyone drive the Caravan who was not authorized to drive it, 37. Denied. After reasonable investigation, Defendant is information to form a belief as to the truth without sufficient of this Averment. 38. Denied. without sufficient of this Averment. 39. Denied, After reasonable investigation, Defendant is information to form a belief as to the truth paragraph 39 states a conclusion of law to which no responsive pleading is required, By way of further answer, it is denied Defendant breached the Rental Agreement by permitting an unauthorized driver to operate the Caravan. 40. Denied. Paragraph 40 states a conclusion of law to which no responsive pleading is required. 41, Admitted in part, denied in part. It is admitted the Rental Agreement defines Defendant as "Renter". It is denied Plaintiff is defined as "Daily Reporting Company". The Rental Agreement defines Plaintiff as "Daily Rental Company." 6 42. Admitted in part, denied in part. It is denied that Paragraph 2 on the back of the Rental Agreement contains any mention of Plaintiff or Defendant or the Caravan. In all other respects, this Averment is admitted. 43. Denied, The language contained in this Averment does not accurately reflect all of the terms and conditions of Paragraph 4 on the back of the Rental Agreement. 44. Denied, Paragraph 44 states a conclusion of law to which no responsive pleading is required. 45. Denied. Defendant understood and knew that by purchasing the Physical Damage Waiver he would not be held responsible for any damage to the Caravan, including related expenses and/or loss of use of the Caravan on September 29, 2003, It is further denied that a material term of the Rental Agreement was that Defendant would be held responsible for any damage to the Caravan. 46, Denied. Defendant did not understand and/or know that a material term of the Rental Agreement was that the Physical Damage Waiver he purchased would be voided if he permitted an unauthorized driver to operate the Caravan. It is denied that a material term of the Rental Agreement was that the Physical Damage Waiver Defendant bought would be voided if an unauthorized driver was permitted to operate the Caravan. 7 47. Denied. The language contained in this Averment does not accurately reflect all of the terms and conditions of Paragraph 5 on the back of the Rental Agreement, 48. Denied. The language set forth in this Averment does not accurately reflect all of the terms and conditions set forth in Paragraph 6 of the Rental Agreement. 49. Denied. Paragraph 49 is a conclusion of law to which no responsive pleading is required, By way of further answer, it is denied Defendant breached the Rental Agreement by permitting an unauthorized driver to operate the Caravan. 50. Denied. Said Caravan was not damaged while under Defendant's care and use. 51. Denied. Defendant did not breach the Rental Agreement in any respect, Defendant did not permit the Caravan to be used by anyone under the influence of alcohol and/or during commission of a crime. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the remainder of this Averment that, according to the police report, alcohol was found at the scene of the accident, 52, Denied. After reasonable investi~Jation, Defendant is without sufficient information to form a belief as to the truth of this Averment, 53. Denied. Paragraph 53 is a conclusion of law to which no responsive pleading is required. By way of further answer, it is 8 denied that Defendant's conduct voided his Physical Damage Waiver, 54, Admitted in part, denied in part. It is admitted Defendant knew that a material term of the Rental Agreement was that he would be responsible for paying all rental charges, Physical Damage Waiver charges and taxes. It is denied Defendant understood that under the Rental Agreement he was responsible to pay fines, expenses, collection and/or vehicle recovery expenses, and/or interest. It is further denied that a material term of the Rental Agreement was that Defendant was responsible to pay fines, expenses, collection and vehicle recovery expenses, and interest. 55. Denied. The language contained in this Averment does not contain all of the terms and conditions of Paragraph 9 on the back of the Rental Agreement. 56. Denied, Paragraph 56 is a conclusion of law to which no responsive pleading is required. By way of further answer, Defendant did not breach the Rental Agreement in any respect, and paid plaintiff all charges due under the Rental Agreement. 57. Admitted. 58. Admitted in part, denied in part. It is admitted Plaintiff charged Defendant $288.00, After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to whether Plaintiff paid $288.00 for towing fees, parking fines and traffic violations, and an 9 extra key charge. It is denied Plaintiff incurred any towing fees, parking fines and/or towing fees, and/or extra key charges due to Defendant's rental of the Caravan. It is further denied that any such charges were payable on behalf of Defendant. 59, Admitted in part, denied in part. It is admitted Plaintiff charged $1,800,00 from Defendant's credit card, It is denied there is a balance of $83.84 due to Plaintiff from Defendant. On the contrary, Defendant has paid plaintiff in full, 60. Denied. It is denied Defendant breached the Rental Agreement; and/or, that Plaintiff suffered any damages as a result of Defendant's actions pursuant to the Rental Agreement. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the damages alleged by Plaintiff. 61, Denied. It is denied plaintiff is due any charges from Defendant under the Rental Agreement. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the remainder of this Averment. 62. Denied, Defendant thought Plaint:cff was responsible for the payment of all parking and traffic violations. It is further denied that a material term of the Rental Agreement was that Defendant would pay all parking and traffic violations. 10 63. Denied. The language contained in this Averment does not accurately reflect all of the terms and conditions of Paragraph 12 on the back of the Rental Agreement. 64. Denied, The language contained in this Averment does not accurately reflect all of the statements listed directly above Defendant's signature in the Rental Agreement, 65. Denied. Plaintiff did not have to pay for any parking tickets and/or Philadelphia loading zone violations on behalf of Defendant, After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the remainder of this Averment, 66. Denied, Paragraph 66 states a conclusion of law to which no responsive pleading is required. 67. Admitted in part, denied in part. It is admitted Plaintiff charged Defendant $288,00 on the Rental Agreement. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the remainder of this Averment, 68. Denied, It is denied Defendant committed any breach of the Rental Agreement. It is further denied that Defendant's conduct pertaining to the Rental Agreement caused, or continues to cause, damages to Plaintiff. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to whether Defendant has suffered any damages. It 69. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this Averment. 70. Denied, Plaintiff modified and negated the terms of the Rental Agreement regarding circumstances pursuant to which the physical Damage Waiver could be voided when Plaintiff charged Defendant's credit card for the cost of the Physical Damage Waiver after the Caravan was returned, 71, Denied. By charging Defendant's credit card for the cost of the Physical Damage Waiver after the Caravan was returned, Plaintiff waived the terms of the Rental Agreement pursuant to which the Physical Damage Waiver could be voided. WHEREFORE, Defendant, TRIPP BASSETT, respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiff. NEW MATTER 72. Defendant incorporates his Answers to Paragraphs 1 through 71 above as fully as though set forth at length herein. 73. The contractual terms of the Rental Agreement between Plaintiff and Defendant included a Physical Damage Waiver charged to Defendant at a rate of $20.00 per day and $140.00 per week. 74, Pursuant to the aforesaid contractual terms of the Physical Damage Waiver contained in the Rental Agreement, Defendant's liability to Plaintiff for loss by collision or 12 physical damage to the Caravan, regardless of the cause, is limited to $250.00 per occurrence, 75. plaintiff waived the contractual provisions of the Rental Agreement regarding voiding of the Physical Damage Waiver when Plaintiff charged Defendant's credit card for the cost of the Physical Damage Waiver premium after the Caravan was returned damaged and after Plaintiff had knowledge of evidence of an unauthorized driver. 76. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 77. Plaintiff's damages, if any, were caused by the acts and/or omissions of persons other than Defendant. 78. If Plaintiff suffered any damages, which is denied, Plaintiff failed to mitigate any damages they may have suffered. 79. Plaintiff's claims are barred by the statute of limitations. WHEREFORE, Defendant, TRIPP BASSETT, respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiff, Respectfully submitted, /tvitffJ/;Vb 7/" Richard F. Maf~ett,/Jr., 2201 North Second Street Harrisburg, PA. 17110 (717) 233-,U60 Attorney For Defendant, Tripp Bassett Esq. 13 () , "'-, rc:::;; ~','::::;, c..... "- ..:, ~',...... 00-.,- ('" -il r\~ " ~~f!. F'r),,"h r-~ /!/:~9 (~_1 ~~f:' '-))~ ::~ ":5' .~~} (1; .;5 .... S> c) .;:.'. CUMBERLAND V ALLEY MOTORS, INC" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No, 04-4405 Civil TRIPP BASSETT CIVIL ACTION - LAW Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: NOW COMES the Plaintiff, Cumberland Valley Motors, Inc" by and through its counsel, Shumaker Williams, P,c., pursuant to C,C,R.P, 13] 2-1, to resp'~ctfully represent the following: 1. The above-captioned action is at issue, 2, The claim ofthe Plaintiff in the above-captioned action is less than the mandatory arbitration amount of $25,000,00, plus attorneys' fees, interest, costs, The counterclaim of the Defendant in the above-captioned action is $0,00, The following attorney is interested in this case as counselor are otherwise disqualified to sit as an arbitrator: Richard F, Maffett, Jr., Esquire, WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, SHUMAKER WILLIAMS, P.C. Dated: ~ \" \ t< BY~ C{,SVWJ~ Melissa A, Swauger, I.D, #82382 P,O, Box 88 Harrisburg, PA ]7108 (7]7) 763-]12] Attorney for Plaintiff :174482 CERTIFICATE OF SERVICE I, Melissa A, Swauger, Esquire, of the law firm of Shumaker Williams, P,c., hereby certify that I served a true and correct copy of the foregoing Petition for Appointment of Arbitrators on this date by depositing a copy of the same in the possession ofthe United States mail, first-class, postage prepaid, addressed as follows: Richard F, Maffett, Jr., Esquire 220 I North Second Street Harrisburg, PA 17110 SHUMAKER WILLIAMS, P,C, Dated: d \ q \ Cl c; By ~,,,6. ~cW~ Melissa A, Swauger P,O, Box 88 Harrisburg, PA 17108 (717) 763-] 121 (':) "'4 I'"~. ' , -- t'" .~ d 1- ~ V"l ',.,"\ :..:'l \). 0 - ,- - .t ~ - r ~ " C) ~ Ii .- ~ (."0 ~ " .c. r<~ '( C..J J:- CUMBERLAND VALLEY MOTORS, INC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 04-4405 Civil TRIPP BASSETT CIVIL ACTION - LAW Defendan1 PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER AND NOW COMES 1he Plaintiff, Cumberland Valley Motors, Inc., by and through its counsel, Shumaker Williams, P.C, to state the following Reply to Defendant's Answer with New Matter as follows: 72. Plaintiff incorporates herein by reference its Amended Complaint as though set forth at length herein. 73. Denied. The averments of this paragraph improperly summarize a written document, which is attached to the Amended Complaint as Exhibit "A," and such document speaks for itself. 74, Denied as a conclusion of law, The allegations of this paragraph constitute conclusions oflaw to which no reply is required, To the extent that a reply is deemed to be required, the Plaintiff specifically denies that Defendant's liability to Plaintifffor loss by collision or physical damage to the Caravan is limited to $250,00 per occurrence. To the contrary, paragraph 5 of the Rental Agreement provides, in pertinent part: LOSS OF OR DAMAGE TO VEHICLEIPHYSICAL DAMAGE WAIVER (PDW) If Vehicle is lost or damaged while on rental, whether or not due to Renter's fault, Renter shall pay Daily Rental Company on demand the amount of such loss or damage at prevailing retail price plus Daily Rental Company's related expenses, including loss of use, IF VEHICLE IS USED BY PERSONS OTHER THAN RENTER, , , OR IS USED BY THE RENTER OR ANYONE ELSE IN VIOLATION OF THIS AGREEMENT , RENTER SHALL BE RESPONSIBLE TO DAILY RENTAL COMPANY FOR ALL LOSS Of OR DAMAGE TO VEHICLE UP TO ITS FULL VALUE PLUS ANY INCIDENTAL RELATED COSTS INCURRED, WHETHER OR NOT RENTER HAS ACCEPTED PHYSICAL DAMAGE WAIVER, See Exhibit "A" of Amended Complaint at p, 2, ~5, 75, Denied as a conclusion of law, The allegations of this paragraph constitute conclusions oflaw to which no reply is required, To the exten1 that a reply is deemed 10 be required, the Plaintiff specifically denies that it waived the contractual provisions of the Ren1al Agreement regarding voiding of the Physical Damage Waiver. 76, Denied as a conclusion of law, The allegations of this paragraph constitute conclusions oflaw to which no reply is required, To the extent that a reply is deemed to be required, the Plaintiff specifically denies that its Amended Complain1 fails to state a cause of action upon which relief can be granted, 77, Denied as a conclusion of law, The allegations of this paragraph constitute conclusions oflaw to which no reply is required, To 1he extent that a reply is deemed to be required, the Plaintiff specifically denies that its damages were caused by the acts or omissions of persons other than Defendant. To 1he contrary, Defendant is liable and responsible for the damages Plaintiff suffered as a result of Defendant's various breaches of the Rental Agreement. 78, Denied as a conclusion of law, The allegations of this paragraph constitute conclusions oflaw to which no reply is required, To the extent that a reply is deemed to be required, the Plaintiff specifically denies that it failed to mitigate its damages, 79, Denied as a conclusion of law, The allegatJions of 1his paragraph constitute conclusions oflaw to which no reply is required, To the extent that a reply is deemed to be required, the Plaintiff specifically denies that its claims are barred by the statue of limitations. 2 WHEREFORE, Plaintitl Cumberland Valley Motors, Tnc., respectfully requests this Honorable Court to enter judgment in its favor and against Defendant and award PlaintifTdamages in an amount less than the mandatory arbitration amount ofS25,OOO.OO, pfus attorneys' fees, interest, costs, and such other relief as 1he Court may deem necessary and appropriate. SHUMAKER WILLIAMS, p.e Dated: ;2.\0\ ~ S- By ~1()' Q, ~<W7UL Melissa A, Swauger, I.D, #82382 P,O. Box 88 Harrisburg, P A 17108 (717) 763-1121 Attorney for Plaintiff : 174482 3 VERIFICATION The undersigned, Monique C, Ullom, hereby verifies and states that: 1, She is the President of Cumberland Valley, Motors, Inc,; 2, She is authorized to make this Verification on its behalf; 3, The facts set forth in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief; and 4, She is aware that any false statements herein are made subject to the penalties of 18 Pa.C.S,A, 94904, relating to unsworn falsification to authorities, Dated: 2/-e:. I 0'::> cc--~ __ Moniqu~ . esidcnt - Le/ge 3911d SHIIIllIM ~~II~nHS L 9~LE9LL lL .e:E. see0/se/0e . VERIFICATION The undersigned. Kimberly R. Oller, hereby verifies and states that: 1, She is the Rental Manager of Cumberland Valley Leasing, d/b/a Affordable Car Rentals; 2, She is authorized to make this Verification on its behalf; 3, The facts set forth in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief; and 4. She is aware that any false statements herein are made subject to the penalties of 18 Pa,C,S,A. 94904, relating to unsworn falsification to authorities. Dated: 1-/f3/D5 f~ berly lI(Olle , Rental Manager LelLe 38'<1d SW'<lIllIM ~'<IWnHS L9HE9LL lL .e:E. see~/8e/~e CERTIFICATE OF SERVJCE~ I, Melissa A, Swauger, Esquire, of the law firm of Shumaker Williams, P,C" hereby certify that I served a true and correct copy of the foregoing Reply to Defendant's Answer with New Matter on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SHUMAKER WILLIAMS, P,C, Dated: ~ \ ct \ ~C; By _~CA O.SW~" Melissa A, Swauger P,O, Box 88 Harrisburg, PA 17108 (717) 763-1121 , ., \ '<..') .,. (,) ,-,,) .---1. c::) -------- ~~~. /(~ J'~/j1 ~~1d't/ ~J~ /7' ~ JA)~J~ p, j, CUMBERLAND VALLEY MOTORS, INC" : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, : No, 04-4405 Civil TRIPP BASSETT : CIVIL ACTION - LAW Defendant ORDER OF COURT //i'- JlL AND NOW, this (tJ2 day of -/e,avui7 2005, in consideration of the Petition for Appointment of ArbitratorsfiW ~ , ESq.>&?j,4t4~Sq" and Jk.d7/G.#nA./;)-f#7 appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: 0~' ~_. ,-' . ..:, o :,; .. RICHARD F, MAFFETT, JR.. ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Defendant ....................................................................................................! CUMBERLAND VALLEY MOTORS, :INC. i :IN THE COURT 01" COMMON PLEAS Pl.aintiff : CUMBERLAND COUNTY, PENNSYLVAN:IA TR:IPPVBASSETT, I NO. 04-4405 C:IV:IL .....mm'....m~':'~~'~~~,~..'......'..m.m..m.......m....mm..'mm\ C:IV:IL ACT:ION - LAW AND NOW, MOTION TO WITHDRAW APPEARANCE . \ s+- thls day of June, 2005, comes Richard F. Maffett, Esquire, attorney for Defendant, TRIPP BASSETT, and files this Motion To Withdraw Appearance; and, in support thereof, avers that: 1. On August 31, 2004, Defendant, by undersigned counsel, filed a Notice of Appeal From District Justice Judgment in the above-captioned matter. 2. Plaintiff filed a Complaint on October 4, 2004. 3. Defendant's Preliminary Objections were filed on October 26, 2004. 4. Plaintiff filed an Amended Complaint on December 3, 2004. 5. Defendant's Answer With New Matter was filed on January 27, 2005. ~ 6. Plaintiff's Reply To Defendant's Answer With New Matter; and, petition For Appointment of Arbitrators were filed on or about February 9, 2005. 7. By Order of Court dated February 16, 2005, Robert Kline, Esquire; Gregory Katshir, Esquire; and, 11ary Kollas Kennedy, Esquire, were appointed as Arbitrators. 8. On April 7, 2005, undersigned counsel attempted to telephone Defendant, but learned his telephone number had been disconnected. 9. On April 7, 2005, undersigned counsel contacted directory assistance, but no new telephone number was available for Defendant. 10, A Notice of Arbitration Hearing was filed on or about April 18, 2005, scheduling the arbitration hearing for June 9, 2005. 11. On April 11, 2005; and, April 20, 2005, undersigned counsel mailed correspondence, including the Notice of Arbitration Hearing, to Defendant to his last known address of 5009 D Haverford Road, Harrisburg, PA. 17109; however, both mailings were returned marked "moved, lefc no address, unable to forward, return to sender." 12. On May 31, 2005, undersigned counsel again contacted directory assistance, but no telephone nm~ber is listed for Defendant. 2 .. . 13. Undersigned counsel has not spoken with Defendant since January 26, 2005; and, has not had communication of any sort with Defendant since on or about April 6, 2005. 14. Despite undersigned counsel's repeated efforts, Petitioner has been unable to communicat,e with Defendant; and, Defendant has failed and refused to participate with Petitioner regarding defense of the above-captioned matter. 15. Defendant has failed and refused to follow undersigned counsel's instructions or advice concerning the above-captioned matter. 16. Defendant has not honored the fee arrangement made with undersigned counsel prior to Petitioner'S: representation in this matter and presently owes a substantial amount of money to Petitioner for services rendered, and to be rendered. 17. Defendant's failure to adequately assist Petitioner, and/or to follow Petitioner's instructions and advice. has severely prejudiced petitioner in providing effective representation in the above-captioned matter. 18. Allowing undersigned counsel to l~ithdraw from representation of Defendant in the above-captioned matter would not prejudice plaintiff or Defendant; and, is in the interests of justice. WHEREFORE, Petitioner prays Your Honorable Court to grant his Motion To Withdraw Appearance and perrrlit Petitioner to 3 ~ withdraw his appearance for Defendant in the above-captioned matter. Respectfully submitted, ~~ Richard F. Maffett Jr. Esq. Attorney For Defendant 4 I . CERT:IF:ICATE OF SERV:ICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Motion To 'Withdraw Appearance by depositing same in the United States Mail, postage prepaid, addressed as follows: Melissa A. Swauger, Esquire Attorney for Plaintiff Shumaker Williams, P.C. P.O. Box 88 Harrisburg, PA 17108 Robert P. Kline, Esquire Chairman, Arbitrator Panel Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 Gregory J. Katshir, Esquire Arbitrator 900 Market Street Lemoyne, PA 17043 Mary Kollas Kennedy, Esquire Arbitrator 1104 Fernwood Avenue Camp Hill, PA 17011 Dated: 6f /00. ft-Vl j \ fvU!, j Richard F. Maffett, Jr., Esq. --- n -, t--.:' c::) ,~-:" , "",,"'l (" -'I-j c_ :~ C: r:l C') \..n . r RECEIVED JUN 022005 ~ CUMBERLAND VALLEY MOTORS, INC. Plaintiff :IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANJ:A v NO. 04-4405 C:IV:IL TR:IPP BASSETT, Defendant CIVIL ACT:ION - LAW ORDER AND NOW, this ..:JJL day of :s~~ , 2005, upon due consideration of the Motion To Withdraw Appearance filed by Defendant's counsel regarding the above-captioned matter, :IT:IS HEREBY ORDERED AND DECREED that said Motion To Withdraw Appearance is granted and Richard F. Maffett, Jr., Esquire, is hereby permitted to withdraw from representation of Defendant, Tripp Bassett, regarding the above-captioned matter. BY THE COURT: vt/~ J. Distribution: Court Administrator Melissa A. Swauger, Esquire Richard F, Maffett, Jr" Esquire Robert P. Kline, Esquire/Chairman Gregory J. Katshir, Esquire/Arbitrator Mary Kallas Kennedy, Esquire/Arbitrator ~ ~~ OlP,O ---- ~ .. ~ ::: ~~ ~ !1:~ ~~ r;- u::iE ~ t.n :;;0: ::::> -, or> => ~ ~ ::::>.,;; n.:::;.. :':)::z '-1?~ ~~:l~? ,::.-." JjdJ ~'~>) a... ""5 5 (.) c. uw I':>~\) Y J\ l.LI2r' W \JT(,)L~ ,~.rJ( In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No.~ - /.1405 ,/ 1([1(,9 17A;~"'E.lT Defendant Civil Action - Law, o Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitu 'on of the United States and the Constitution of this Commonwealth and that we will discharge the du ' s of our office ~~~. Signature SIgnature .M DiY K Keh~J4 Name Avt7C" _~~\ ? \,zu '..,,::- Name (Chairman) GIL~G~f ~tf/~ Name ).(t.., ILlC ~w Of"rlLc Law Firm Law Firm Law Firm }b ~ 41<>1 Address ,quo I Address frltJ J..JJ/J;~ 'Dr "DO /III/-R-V{( ''- Address NtLOC<..oM "'~>l 911 City, Zip) 1'0")0 lwy,,' M- (70'l} City, Zip Dc; 116~~ ''!(~rd .II 1:l13.\' We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated,) Fr,..,(l, "1.."') /4T)~r 'ANn 'AQ.A.\j\\,'hT OeE"eN'OAN'T IN AyI.(,.onN>\ of' Z\ 6. (')CO ,co , City, Date of Hearing: ~ '.J\I~ LOO'S Date of Award: ~ -J I.:J 'fo-\e. LeoS' bitrator, dissents, (Insert name if applicable.) (Chairman) Notice of Entry of ward Now, the q ~ day of Quu.- , 20 oS , at ;J. : 30 , L,M" the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys, Arbitrators' compensation to be paid upon appeal: $ ;ZtftJ, l'U c1 By: Deputy ,...., "'" ~ '-- c:; :<'- I ,-0 "'':::;:;''<'' :'~.~ C. :;';"S~ g - -0 :> N ., u:> c:> .. 0'1.0 'f , t: (.,'0 '.' . ~ oL:rJ..CJ.. r; l~ j. jYto-'rr- ";,"~ ~~,- ..~G~ ...... ... ..'. , ..#\ '.. \>... , Q. ..... cr-.-, r<i~, _~ tr~. ~D ::2\~1' ~~~~, ..=-{fl ij ':::::'1 ~ :.< , 3 - CUMBERLAND VALLEY MOTORS, INC" : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, : No, 04-4405 Civil TRIPP BASSETT, : CIVIL ACTION - LAW Defendant PRAECIPE TO ENTER JUDGMENT To the Prothonotary: PLEASE enter a judgment against the Defendant in the above captioned matter in the amount of $8,000.00, pursuant to the Award of Arbitrators, a copy of which is attached hereto and incorporated herein, SHUMAKER WILLIAMS, P,C, Dated: 'l \l'1 \'U\ BY~, G,~Yj,,",>--,- Melissa A. Swauger, LD, #82382 P,O, Box 88 Harrisburg, P A 17108 (717)763-1121 Attomey for Plaintiff : 179263 01.\ -O~ 0 ~) Cuw,,~u VI\LLer" )'\(IiT\C,)t-.'~, J;t-.1( In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No,M..- l.J4oS lit 11'.9 'l7A-~~~lT Defendant Civil Action - Law, Oath We do solenmly swear (or affirm) that we will support, obey and defend the Constitu 'on of the United States and the Constitution of this Commonwealth and that we will discharge the du . s of our office ~ . ~. Signature Signature ~N Av'P~ ~ex..., P\~\...I"-'C Name (Chairman) &'i 6 op( ~lfl~ Name J{L' ~e ~w O.fA<-.C Law Firm Law Firm Law Firm }b &..c l.\lJ,\ Address IS-WI 1JJI);fe "Dr Address md q~o fJjlj.U<j '''''- Address Nao Cl.J>M. ~t."lGLItv-nl 9A City, Zip) 1'o-=to l-WY'" .AI-- ilG 'f} City, . Zip City, Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated,) FfTIIl. "1.A) N.T)~r 'ANn 'AQA.\ "",;;, Om=~~i I N A~tHJ>1 ~ a.ceo,ex,:) , Jj 15"132 bitrator, dissents. (Insert name if applicable,) Date of Hearing: ~ <S\J~ 1.<X:l~ Date of Award: '1 -.j \J t--\e 1-<::0 S- (Chairman) "'B,:m ;!~., ".'"'"'~. ~)' i" ~i;I~:., ;{;c:~F~.:t:rP:::~::~~\~: ~"";Y,,,,,,,,,:il;~ ~~~.r~~lt1;,:' '~Ii\,'~,~ Notice of Entry of ward Now, the q!!: day of qUo\.<-- .20 05' . at .:I: 30 , .J?.,M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys, Arbitrators' compensation to be paid upon appeal: $ .2 qb, l'U By: Deputy CERTIFICATE OF SERVICE I, Melissa A. Swauger, Esquire, ofthe law firm of Shumaker Williams, P ,C" hereby certify that I served a true and correct copy of the foregoing Praecipe to Enter Judgment on this date by depositing a copy ofthe same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Tripp Bassett 7 Richard Lane, Apt. 205 Camp Hill, PA 17011 SHUMAKER WILLIAMS, P.C, Dated: J ) I L.-( \ ~ BY.~ G.<jw,vr~ Melissa A. Swauger P,O. Box 88 Harrisburg, P A 17108 (717)763-1121 .....> ~ ~ = d' ~ <.- .-1 4" c.:: _'.,' -rl ~ \ ~ ~ f-. n1F - -a 1'1 :,;,0 . ~ J:- :~() ~ ~, ~ 2?: ,~~,i~ I ...-'-r~ -- '" ~ c5 (:3(n \; <;;:- ,--\ ~ .'C'" ~1; <;;:- "" 0 / ~ ~ - CUMBERLAND VALLEY MOTORS, INC., : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff v, : No, 04-4405 Civil TRIPP BASSETT, : CIVIL ACTION - LAW Defendant NOTICE TO: TRIPP BASSETT, Defendant You are hereby notified that on Y'~ 1'1 ,2005, the followingjudgment has been entered against you in the above-referenced case, Judgment is in the favor of Plaintiff Cumberland Valley Motors, Inc., in the amount of $8,000,00, together with interest. Date: IS! tl'l:6 ~. ~ Prothonotary I ~ c. . I hereby certify that the following is the last known address of the proper person(s) to receive '7/ltI/05 this notice: Tripp Bassett 7 Richard Lane, Apt. 205 Camp Hill, P A 17011 SHUMAKER WILLIAMS, P,C. Dated: l ! \l;I\~ By ~ J l./nl/\ 0, SI.J'ii: Melissa A, Swauger, I.D, 82382 P,O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff A Tripp Bassett Usted esta siendo notificado que el ,2005, se anoto en contra suya un fallo por confesion en la suma de $8,000,00 en el caso mencionado en el epigrafe, FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Tripp Bassett 7 Richard Lane, Apt. 205 Camp Hill, P A 17011 SHUMAKER WILLIAMS, P,C, Dated: i(1 L{ \'t< By MAlk4;r'" a L^r~/"' Melissa A. Swauger, I.D, #82382 P,O, Box 88 Harrisburg, PA 17108 (717) 763-1121 : 179272 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Cumberland Valley Motors, Inc. Plaintiff vs. Tripp Bassett Defendant Address: 7 Richland Lane, Apt. 205 Camp Hill, PA 17011 TO THE PROTHONOTARY OF THE SAID COURT: Confessed Judgment ~j o Q/ Other C ~, ... -,~ File No. 04-4405 z7 ~. '~~ ~ c_ _ c;=~ ~ - .; ~ Amount Due $8+000.00 ~'}' ~ _-~` Interest $2,375.40 ~~ l' ' « I'=i' Atty's Comm ,,, ~~. ~$ .-;; ' Costs ~ ~ ~ ~ < The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUmberlarld County, for debt, interest and costs, upon the following described property of the defendant (s) Any and all personal property located at 7 Richland Lane, Apt. 205, Camp Hill, PA 17011 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis s real estate the _ defendant(s) described in the attached exhibit. Date ~~ ~l D Signature: Print Name: Evan C. Pappas cre ~ s Sq 6 ~-'~ ~yya-~ ~ Q ~~ a ~ Cv5~5 ~j l"' a 9,a6 ~, Sa..S~ f°~`L~~ s sv, so P~ N ~ ~ ~,, DU fie, C~~ Address: P.O. BOX 88 Harrisburg, PA 17108 Attorney for: Plaintiff Telephone: (717) 763-1121 Supreme Court ID No: 200103 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2004-4405 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Cumberland Valley Motors, Inc. Plaintiff (s) From Tripp Bassett 7 Richland Lane, Apt. 205 Camp Hill, PA 17011 (1) You are directed to levy upon the properly of the defendant (s)and to sell Any and all personal property located at 7 Richland Lane, Apt. 205, Camp Hill, PA 17011 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/slie has been added as a garnishee and is enjoined as above stated. Amount Due$8000.00 Interest $2,375.40 Atty's Comm Atty Paid $50.50 Plaintiff Paid Date: June 24, 2010 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs David rothono ry By: REQUESTING PARTY: Name Evan C. Pappas, Esq. Address: P. O. Box 88 Harrisburg, PA 17108 Attorney for: Plaintiff Telephone: (717) 763-1121 Supreme Court ID No. 200103 Deputy ,# Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~4~,ntu ~t ~nrnU~,~,f~~$ ~°~ 'f f;~ ~Y~ i l 3 ~~~~ Q~~ `°~ ~~ 9~ ~ ~ is ~~~~~~. ~ rh, i ~~IU~~i':` Cumberland Valley Motors, Inc. Case Number vs. Tripp Bassett 2004-4405 SHERIFF'S RETURN OF SERVICE 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned EXPIRED. Attorney was unable to provide a good address where defendant could be located prior to writ expiring. SHERIFF COST: $74.40 SO ANSWERS, October 05, 2010 RON R ANDERSON, SHERIFF aron R, Lan z a.aa P~ . Co . . s-~ ~,a . ~~`' ~ ~/~i 37,E (c) CounfySuite Shentt. T'eleo.=.oft, tnc.