Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12-0569
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 09-3-05 Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Louis E. Schmidt and Patricia L. Schmidt 09-3-05 Honorable Mark Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE 545 Appalachian Avenue Mechanicsburg PA 17055 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 01/04/2012 Bobby Rahal Toyota VS Louis E. chmidt and Patricia L. Schmidt DOCKET No. SIGNAT j);;/,LLAN7[ORNffY OR AGENT 0000363-2011 I T. Fy(<cs (. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. If Pa. R. C. P. before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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 ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Louis E. Schmidt and Patricia L. Schmidt Name of appellee(s) (Common Pleas No. /? - J-6 5 C.".1 RULE: To Louis E. & Patricia L. Schmidt , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 1- 31 , 20 / d ?r nature of Prothod ota e ty --I f YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. NOTICE OF APPEAL appellee(s), to file a complaint in this appeal within twenty (20) days after service of rule or suffer entry of judgment of non pros. ig j0dK of appellant or attorney or agent rchael J. Pykosh, Epquire AOPC 312-05 L?012 JAN 31 AM 10: 30 jUMSI:.I L NO PENNSYLVANIA 4k9 1)-r).3o Pit- 76Y30 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript CIVII + COUNTY OF CUMBERLAND - Case Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Louis E Schmidt 545 Appalachian Ave Mechanicsburg, PA 17055 Disposition Summary Docket No MJ-09305-CV-0000363-2011 MJ-09305-CV-0000363-2011 Judgment Summary Participant Bobby Rahal Toyota Louis E Schmidt Patricia L Schmidt Plaintiff Defendant Bobby Rahal Toyota Louis E Schmidt Bobby Rahal Toyota Patricia L Schmidt Joint/Several Liability Individual Liability $0.00 $0.00 $5,849.60 $0.00 $5,849.60 $0.00 Bobby Rahal Toyota V. Louis E Schmidt, Patricia L Schmidt Docket No: MJ-09305-CV-0000363-2011 Case Filed: 10/24/2011 Disposition Disposition Date Judgment for Plaintiff 01/04/2012 Judgment for Plaintiff 01104/2012 Amount $0.00 $5,849.60 $5,849.60 Judgment Detail ('Post Judgment) In the matter of Bobby Rahal Toyota vs. Louis E Schmidt; Patricia L Schmidt on 1/04/2012 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Jud ment Component Joint/Several Li WI& Individual Liability Deposit Applied Amount Civil Judgment $5,661.10 $0.00 $5,661.10 Filing Fees $188.50 $0.00 $188.50 Grand Total: $5,849.60 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge Mark M u< % artin I certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315 Page 1 of 2 Printed: 01/04/2012 1:44:36PM Bobby Rahal Toyota Docket No.: MJ-09305-CV-0000363-2011 v. Louis E Schmidt, Patricia L Schmidt Participant List Plaintiff(s) Bobby Rahal Toyota 6711 Carlisle Pike Mechanicsburg, PA 17050 Defendant(s) Louis E Schmidt 545 Appalachian Ave Mechanicsburg, PA 17055 Patricia L Schmidt 545 Appalachian Ave Mechanicsburg, PA 17055 MDJS 315 Page 2 of 2 Printed: 01104/2012 1:44:36PM COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Patricia L Schmidt 545 Appalachian Ave Mechanicsburg, PA 17055 Disposition Summary Docket No MJ-09305-CV-0000363-2011 MJ-09305-CV-0000363-2011 Judgment Summary Participant Bobby Rahal Toyota Louis E Schmidt Patricia L Schmidt Plaintiff Defendant Bobby Rahal Toyota Louis E Schmidt Bobby Rahal Toyota Patricia L Schmidt Joint/Several Liability Individual Liability $0.00 $0.00 $5,849.60 $0.00 $5,849.60 $0.00 Bobby Rahal Toyota V. Louis E Schmidt, Patricia L Schmidt Docket No: MJ-09305-CV-0000363-2011 Case Filed: 10/24/2011 Disposition Disposition Date Judgment for Plaintiff 01/04/2012 Judgment for Plaintiff 01/04/2012 Amount $0.00 $5,849.60 $5,849.60 Judgment Detail ('Post Judgment) In the matter of Bobby Rahal Toyota vs. Louis E Schmidt; Patricia L Schmidt on 1/04/2012 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $5661.10 $0.00 $5,661.10 Filing Fees $188.50 $0.00 $188.50 Grand Total: $5,849.60 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. U)- Date Magisterial District Judge Mark Martin certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315 Page 1 of 2 Printed: 01/04/2012 1:44:36PM Bobby Rahal Toyota v. Louis E Schmidt, Patricia L Schmidt Participant List Plaintiff(s) Bobby Rahal Toyota 6711 Carlisle Pike Mechanicsburg, PA 17050 Defendant(s) Louis E Schmidt 545 Appalachian Ave Mechanicsburg, PA 17055 Patricia L Schmidt 545 Appalachian Ave Mechanicsburg, PA 17055 Docket No.: MJ-09305-CV-0000363-2011 MDJS 315 Page 2 of 2 Printed: 01/04/2012 1:44:36PM PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served Z'-561 Ctvi ® a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) January 31, 2012, K by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Bobby Rahal Toyota, on January 31, 2012 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THI 31st DAY OF January, 2012 / ,r.. Sr ature I before affidavit was m e S nature of affiant Michael J. Pykosh Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 t COMMONWEALTH OF PENNSYLVANIA Title of official Notarial Seal Crystal L. Mahoney, Notary Public My commission expires on March 20, 2012 Camp Hill Bono, Cumberland County My CommLWm Expires March 20, 2014 Member, Pennsylvania Association of Notaries AOPC 312A - 05 (Domestic Mail Only; Nc For delivery information vi, -a I C3 - r? Postage $ rq t2.9S !12 ?i Certified Fee 0 Return Receipt Fee $2.35 Here / p (Endorsement Required) I _?f O Restricted Delivery Fee MOO (Endorsement Required) a, CC) Q Total Postage & Fees $ $5.95 01/31!2012 C3 Sent To :Ta.. ?_ 141... -- ----------------- 0 (? O Sli oresPOt,Bpoxt IJNo. /` ,- `i. J 1 ^ C. 1?,` 1 - t-- ?J rV'c C; St ZtP+4 p , L-7 o &'C) ?Q `ha-n;tS b?? ¦ Complete items 1, 2, and 3. Also complete A. Sign ftm 41f Reatrloted Delivery Is desired. X k , ? Agent ¦ Print your name and address on the reverse _ ? Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of D*4wy ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address di(Teren from Item 1? ? Yes If YES, enter delivery address below: ? No Bobby Rahal Toyota f 6711 Carlisle Pike Mechanicsburg, PA 17050 3. Type t:&OW Mail D 9press Mail D Registered C M%wm Receipt for Merchmdim ? Inured mail ? C.O.D. 4. Restricted Delivery/?(F.xtra Fee) ? Yes 2' Article Number 7009 0080 0001 1706 3475 (Arrefarkm ar+rt+r ¦be0 PS Form 3811, Fdmmy 2004 Donuedc Return Receipt 1025W02-W1540 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff 2 1Sx --e M?t car- W CM C ass ? v 'c) Z o C-, . 1 V, r1 r ny -zi TEAM RAHAL OF MECHANICSBURG, INC., d/b/a Bobby Rahal Toyota, Plaintiff V. LOUIS E. SCHMIDT and PATRICIA L. SCHMIDT, Defendants 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 Cross-Claim and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 Cross-Claim or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-569 : CIVIL ACTION - LAW Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SNELBAKER & BRENNEMAN, P. C. By: I VU-'_ Attorneys for Plaintiff ;ith O. Brenneman, Esquire elbaker & Brenneman, P.C. West Main Street echanicsburg, PA 17055 17) 697-8528 tornevs for Plaintiff TEAM RAHAL OF MECHANICSBURG, IN THE COURT OF COMMON PLEAS OF [NC., d/b/a Bobby Rahal Toyota, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012-569 OUIS E. SCHMIDT and ATRICIA L. SCHMIDT, Defendants CIVIL ACTION - LAW COMPLAINT Team Rahal of Mechanicsburg, Inc., doing business as Bobby Rahal Toyota, submits this Complaint and in support thereof, states the following: 1. Plaintiff Team Rahal of Mechanicsburg, Inc. is a Pennsylvania business corporation does business under the fictitious name of Bobby Rahal Toyota ("Rahal") at 6711 Carlisle Mechanicsburg, Pennsylvania. 2. Defendants Louis E. Schmidt and Patricia L. Schmidt are adult individuals residing at 545 Appalachian Avenue, Mechanicsburg, Pennsylvania. 3. On December 31, 2010 Defendants entered into an installment sale contact (the "Contract") with Plaintiff whereby Defendants agreed to purchase. a new 2011 Toyota RAV4 (the LAW OMCES SNELBAKER & BRENNEMAN, P.C. "Vehicle"). A true and correct copy of the Contract is attached hereto and incorporated by reference herein as "Exhibit A". 4. Defendants through the Contract financed $27,204.56 of the purchase price of the Vehicle. 5. Due to the inability of Plaintiff to assign the Contract to a third-party financing entity, Plaintiff remained the seller and creditor for Defendants' financing for purchase of the Vehicle. 6. Plaintiff at all times relevant hereto was licensed by the Commonwealth of Pennsylvania, Department of Banking. 7. Beginning February 14, 2011 Defendants commenced making monthly payments to Plaintiff in accordance with the payment schedule noted in the Contract. 8. In March 2011, May 2011 and June 2011, Defendants' payments to Plaintiff were late, having been made and received after the due date of the 14th day of those months. 9. Defendants failed to make any payment to Plaintiff for the month of July 2011. 10. In accordance with the terms of the parties' Contract, Plaintiff was given and had a Isecurity interest in the Vehicle purchased by Defendants. 11. On March 28, 2011, June 22, 2011 and July 25, 2011, Plaintiff provided written to Defendants of certain obligations of Defendants under the Contract and Defendants' of those obligations; among them, the obligation to make timely payment to Plaintiff. and correct copies of Plaintiffs letters of March 28, 2011, June 22, 2011 and July 25, 2011, ich letters were received by Defendants, are attached hereto and incorporated by reference herein as Exhibits B, C and D, respectively. 12. Contrary to the terms of the Contract and the notice of July 25, 2011, Defendants LAW OFFICES SNELBAKER & BRENNEMAN. P.C. made the July 14 payment due and owing to Plaintiff. 2 13. In accordance with the terms of the Contract and as a result of Defendants' breach of Contract by failing to make payment to Plaintiff as noted above, Plaintiff peacefully the Vehicle on August 12, 2011 through a third party licensed to repossess vehicles in Pennsylvania. 14. On August 16, 2011 Plaintiff provided written notice to Defendants of the repossession of the Vehicle, the right to regain possession of the Vehicle and, inter alia, identification of personal property that was in the Vehicle at the time of its repossession. A true and correct copy of the August 16, 2011 letter mailed to Defendants by certified mail, which letter was refused by Defendants, is attached hereto and incorporated by reference herein as "Exhibit E". 15. On August 18, 2011 Plaintiff provided written notice to Defendants of additional items of personal property recovered in the Vehicle as a result of the Vehicle's repossession. A true and correct copy of the August 18, 2011 letter mailed to Defendants by certified mail, which letter was refused by Defendants, is attached hereto and incorporated by reference herein as "Exhibit F. 16. Defendants failed and/or refused to regain possession of the Vehicle by paying the I outstanding balance due thereon to Plaintiff. 17. In accordance with the terms of the Contract, Plaintiff exercised its right to have the Vehicle sold, which sale took place on September 2, 2011. 18. Upon sale of the Vehicle, Plaintiff received the sum of $21,005.00, which sum was net of the sum deducted by the auction company of its $295.00 selling fee. 19. In accordance with the terms of the Contract, Plaintiff is required to apply the money LAW OFFICES SNELBAKER & BRENNEMAN, P.C. from the sale of the Vehicle less allowed expenses to the amount owed by Defendants. 3 Buyer Name and Address Co-Buyer Name and Address Creditor-Seiler (Name and Address) (Including County and Zip Code) (including County and Zip Code) LOUIS E SCHMIDT PATRICIA L SCHMIDT BOBBY RAHAL TOYOTA CHI PCLBUlH'GAPAA170SS CUMBERLAI?EtSHAPICSSURGAPAA17055 CUMBERLA0711 CARLISLE PIKE MECHAI%I ICSBURO PA 17050 You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on (credit under the agreements on the front and back of this contract. You agree to pay the Creditor - Seller (sometimes "we" or "us" in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract. Make Mfg Gross Vehi- NewlUsed/Demo Year and Model cuiar Weight Vehicle Identification Number Primary Use For Which Purchased TOYOTA "n personal, family or household N F W 20111 RAN14 2T3DF4DV9B1a098960 ? business ? agricultural ? FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL FINANCE Amount Total of Total Sale PERCENTAGE CHARGE Financed Payments Price RATE The dollar The amount of The amount you The total cost of The cost of amount the credit provided will have paid after your purchase on your credit as credit will to you or you have made all credit, including a yearly rate. cost you. on your behalf, payments as your down t scheduled, p7?r en A ? $ U is 14.78 % ll6i6.6' $ 27204.55 $ 38891.20 587.05 $ 39 Your Payment Schedule Will Be: Number of Amount of When Payments Payments Payments Are Due 60 ",1148 . 02 Monthly beginning 0'2 / 14 / 2011 Or As Follows: Late Charge. If payment is not paid in full within 10 days after it is due, you will pay a late charge. If the vehicle is a heavy commercial motor vehicle, the charge will be 4% of the part of the payment that is late. Otherwise, the charge will be 2% per month of the part of the payment that is late, figured based on a full calendar month for any part of a month that is more than 10 days. Prepayment. If you pay off all your debt early, you will not have to pay a penalty. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest, ITEMIZATION OF AMOUNT FINANCED 1 Cash Price (including $ sales tax) 2 Total Downpayme2G08 _10`10TA HIGHLANDER Trade-In (Year) waisNi ? `, I 4 820 _0N Trade-In Gross Trade-in Allowance Less Pay Off Made By Seller Equals Net Trade In rash + Other TOYOTA C U7:"TO'1F i CASH (If total downpayment is negative, enter "0" and see 4H below) Unpaid Balance of Cash Price (1 minus 2) Other Charges Including Amounts Paid to Others on Your Behalf (Seller may keep part of these amounts): A Cost of Optional Credit Insurance Paid to Insurance Company or Companies Life Term N/A $ N/A Disability Term N1 % $ I t / A B Other Optional Insurance Paid to Insurance Company or Companies (Describe) N /A Term N/ A (Describe) N Term NI / A C Official Fees Paid to Government Agencies to (? t ' L I Uy fob AN,S f t,b()Bb? ; AL I [JYO fo 1 ,L TAX to N/ A foNl / A D Optional Gao Contract MIBIT A E Government Taxes Not Included in Cash Price $ 277 _ (1) $ 1700,10 .00 $1b 'd .bb luu.45 $ II 5 U' . i.l (, $ (3) Nl/A !/A $TA?- $ 6.00 $ $ I/A IN / A Insurance. You may buy the physical damage insur- ance this contract requires (see back) from anyone you choose who is acceptable to us. You are not required to buy any other insurance to obtain credit. If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions. Check the insurance you want and sign below: Optional Credit insurance ? Credit Lite: ? Buyer ? Co-Buyer ? Both ? Credit Disability (Buyer Only) Premium: Credit Life $ I II /A Credit Disability $ %? / A Insurance Company Name 1%/A Home Office Address Credit life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not buy credit fife insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. it you choose this insurance, the cost is shown in Item 4A of the Itemization of Amount Financed. Credit life insurance pays the unpaid part of the Amount Financed if you die. This insurance pays only the amount you would owe if you paid all your payments on time. Credit disability insurance pays the scheduled payments due under this contract while you are disabled. This insurance does not cover any increase in your payment or in the number of payments. The policies or certificates issued by the named insurance companies may further limit the coverage that credit life insurance or credit disability insurance provides. See the policies or certificates for coverage limits or other terms and conditions. Other Optional insuran e ? N ; A &1 A Type of Insurance Term Premium $ /A Description of Coverage N/A Insurance Company Name ti/A Home Office Address N ' ?N/A N/A Type of Insurance Term Premium $ /A NDesAcription of Coverage G novernment Certificate of Title Fees / E N C U M B FEE (includes $ I / A security interest recording fee) H Other Charges (Seller must identify who is paid and describe purpose) to I+ / A for Prior Credit or Lease Balance toll /A for !/A to BOBBY RAHAL TOYOTfor DOC FEE to ff/A for 1%1 /A toiN/A for 1\1 /A toDLR for OLDF Total Other Charges and Amounts Paid to Others on Your Behalf 5 Amount Financed (3 + 4) 6 Finance Charge 7 Total of Payments-Time Balance (5 + 6) 27.50 $ ?-I/A. $ NI /A $ 123.00 $ Id/A $ kI / A $ 14.15 X5.55 (4) J 204. SG $ ` 11676 . 64 (6) 20 31 $. . (7) Home Office Address N/A Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost. I want the insurance checked above. Buyer Signature Date X Co-Buyer Signature Date THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS__ 4 If you do not meet your contract obligations, you may lose the vehicle. Returned Check Charge: You agree to pay the costs we actually pay to others it any check you give us is dishonored. OPTION: [I You 97YAno finance charge if the Amount Financed, item 5, is paid in full on or before Year . SELLER'S INITIALS OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in Item 4D of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract. Term N / A Mos. / A Name of Gap Contract I want to buy a gap contract. LBuyer Signs X NO COOLING OFF PERIOD State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, your may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to horse solicitation sales. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire.agreement etyiregn you and us relating to this contract. ange to this con t?sj be in writing and we must sign it. No oral changes are binding. Buyer Signs X 9 , 4 ? L r _ Co-Buyer Si ns , t r ; -?? •r.,, Vol \? t If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. You authorize us to obtain information about you, or the vehicle you are buying, from the state motor vehicle department or other motor vehicle registration authorities. See back for other important agreements. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract ? and retain its right to receive a pert of the Finance Charge. NOTICE TO BUYER. i ? ®® NOT SIGIaI THIS CONTRACT IN BLANK. wo P•oo A rv .fa sa noea O%R--R-e Re° ~%ftll rPT A,r r %ff^D 0 n^el!0b LiG VUU Aht tIM 0 t V LC:U U U Alit CAJ4tr k 6dlur Y 6Jr' 1 ra9r- 6.0vvy r rl/A%., 1 r"Ou.u ou,?Mgx. i KEEP ITTO PROTECTYOUR LEGA . IGHTS. _ Buyer Signs Date 12131110 Co-Buyer Signs c1?..i1<.r_, Date I You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to tale it and review it. You confirm that you received a completely filled-in copy when you signed it. Buyer Signs Date 10 Co-Buyer Signsr Date / 3 l / 10 Co-Buyers and Other Owners - A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract. Other owner signs here Address 12/311 10 Seller Signs Date By X Title l Seller assigns its interest in this contract to (Assignee) under the terms of Seller's agreement(s) with Assignee. l without Assigned with limited recourse I Seller By - \" Title EX PATENT NO. D460.782 L96 FORM TENO. 553-PA R Will U.S. ®2008 The Reynolds and Reynolds Company To OROER:www.reysoura.rom; 1-8063440996; tax 5-80-531-9!155 THE PRINTER MAKES AKES NO NO WARRAN NTY, , EXPRESS RESS Oft IMPLIEDPUEO ASTO CONTENT OR FITNESS FOR PURPOSE OFTHIS FORM. CONSULTYOUR OWN LEGAL COUNSEL U r t r-K nvrrvrs rraty t 1AUMeCtvrCiv r 3 1. FINANCE CHARGE A14D PAYMENTS a. How we will figure Finance Charge. We will figure the f=inance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to ocher amounts you owe under this contract in any order we choose, c. Now late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on the front on the assumption that you will make every payment on the day It is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time with- out penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and aft other amounts due up to the date of your payment. 2. YOUR OTHER PROMISESTO US a. If the vehicle Is damaged, destroyed, or missing. You agree to pay us all you owe under this contract even it the vehicle is damaged, destroyed, or missing. b. Using the vehicle. You agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest In the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, to the extent permitted by law you agree to repay the amount. when we ask for it. c. Security Interest. You give us a security interest in: • The vehicle and all parts or goods put on fl; • All money or goods received (proceeds) for the vehicle; • All insurance, maintenance, service, or other contracts we finance for you; and • All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make sure the title shows our security Interest (lien) in the vehicle. Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our entire interest In the vehicle as well as yours. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we will buy insurance that covers your interest and our interest in the vehicle. We will tell you the charge you must pay..The charge will c. You may have to pay collection coats. If you default anfl we have to go to court to recover the vehicle, you will pay the reasonable attorney's fees and court costs as the law permits.You will also pay any attorney's fees and court costs a court awards us. d. We may take the vehicle from you. If your default, we may take (repossess) the vehicle from you if we do so peacefully and the law allows it. If your vehicle has an electronic tracking device, you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you at your expense. If you do not ask for these items back, we may dispose of them as the law allows. e. How you can get the vehicle back If we bake It. If we repossess the vehicle, you may get it back by paying the unpaid part of the Amount Financed plus the barned and unpaid part of the Finance Charge, any late charges, and any other amounts lawfully due under the contract (redeem). Your right to redeem ends when we sell the vehicle. We will test you how much to pay to redeem. If we repossess the vehicle, we may, at our option, allow you to get the vehicle back before we sell it by paying all past due payments, late charges, and any other amounts due because you defaulted (reinstate). We will tell you if you may reinstate and how much to pay if you may. If you are in default for more than 15 days when we take the vehicle, the amount you must pay to redeem or reinstate will also include the expenses of taking the vehicle, holding it, and preparing It for sale. f. We will sell the vehicle If you do not got It back. If you do not redeem, or, at our option, reinstate, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. We will apply the money from the sate, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sate, and selling It, as the law allows. Reasonable attorney fees and court costs the law permits are also allowed expenses. If any money is left (surplus), we will pay It to you unless the law requires us to t, pay it to someone else. If money from the sale is not enough to pay the amount you owe, you may have to pay the rest to us. If you do not pay this amount when we ask, we may charge you Interest at a rate not exceeding the highest lawful rate until you pay. g. What we may, do about Optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. h. Summary Notice Regarding Prepayment, Rebate of Finance Charge and Reinstatement: You may prepay all or part of the amount you owe under this contract without penalty. If you do so, you only have to pay the earned and, unpaid part of the finance charge and all other amounts due up to the date of your payment. Unearned finance charges will riot be rebated under this contract because there will never lie anv unearned finance will tell you the charge you must pay. The charge will be the cost of the insurance and a finance charge at the Annual Percentage Bate shown on the front of this contract or, at our option, the highest rate the law permits. If the vehicle Is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle. e. What happens to returned Insurance, main- tenance, service, or other contract charges. It we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROWSES a. You may owe late charges. You will pay a late charge on each late payment as shown on the front. The term "heavy commercial motor vehicle" means any new or used motor vehicle which is (i) a truck or truck tractor having a manufacturer's gross vehicular weight of fif- teen thousand (15,000) pounds or more, or (it) a semi- trailer or trailer designed for use In combination with a truck or truck tractor. Acceptance of a late payment or late charge does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below, b. You may have to pay all you awe at once. It you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means: • You do not pay any payment on time; • You give false, incomplete, or misleading infor- mation on a credit application; • You start a proceeding In bankruptcy or one is started against you or your property, or • You break any agreements In this contract. The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because YOU defaulted. 1,1%al Wlb UVIII IWIL 1J0 •X;tJQLCL# %ATIMVI 11110 4Ulnlala because there will never be any unearned finance charges to rebate. If you default and we repossess the vehicle, we may, at our option, allow you to get the vehicle back before we sell it by paying all past due payments, late charges, and expenses (reinstate). 4. WARRANTIES SELLER DISCLAIMS The following paragraph does not affect any warranties covering the vehicle that the vehicles mandlacturer may provide. The following paragraph also does not apply at all If you bought the vehicle primarily for personal, famify, or household use. Unless the Seller makes a written warranty, or enters Into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or Implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose. 5. Used Car Buyers Gulde.'rhe Information you see on the window forth for this vehicle Is part of this contract. Information on the window form overrides any contrary provisions In the contract of sale. Spanish Translation: Gula para eompradores de vehiculos usados. La Informacl6n quo ve an of formulario de la ventanttla para Bate vehfculo forma parts del presente contrato. La intormacl6n del formufario de to ventanttla deja sin efecto toda disposic[bn on contrario contenida en el contrato de venta. 6. Applicable Law Federal law and the law of the state of the Seller's address shown on the front of this contract apply to this contract. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND ©EFENSES WHICH THE DEBTOR COULD ASSENT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT KERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER, Form Ho. 653-PA 1106 A March 28, 2011 Mr. Louis Schmidt Mrs. Patricia Schmidt 545 Appalachian Ave Mechanicsburg, Pa 17055 RE: Purchase of 2011 Toyota RAV4 VIN: 2T3 DF4DV9BW098960 Dear Mr. & Mrs. Schmidt. On January 20, 2011 Bobby Rahai Toyota sent to you a letter explaining the terms of your contract relative to your purchase of the above referenced vehicle. Your monthly payment was due on March 14, 2011. We have not received payment from you for the month of March. You will note that your account is now 14 days past due. Please remit this payment immediately and resume regularly scheduled payments. If we do not receive payment within 10 business days we will initiate proceedings for legal action. All payments should be sent to: Bobby Rahal Toyota Attn: Jim Porter 6711 Carlisle Pike Mechanicsburg, Pa 17050 Your cooperation is appreciated. Sirrcereiy, JimP:orter i Ge?eral Manager Bobf3y Rahal Toyota EXHIBIT B 1 ?'y r? Louis E. Schmidt Patricia L. Schmidt 545 Appalachian Avenue Mechanicsburg, PA 17055 Re: Bobby Rahal Toyota Purchase of 2011 Toyota RAW Dear Mr. and Mrs. Schmidt: I write to you due to your failure to pay timely the monthly payment to Bobby Rahal Toyota for the purchase of the above vehicle. You are to pay monthly to Bobby Rahal Toyota the sum of $648.02 by the 14th day of each month. Since the time you entered into the purchase agreement to purchase the above vehicle, a previous payment has been late and your current payment is late. In addition to your failure to make payments on time as required by the purchase agreement, Bobby Rahal Toyota has received notification from your insurer that the vehicle insurance you have for the vehicle for the benefit of Bobby Rahal Toyota as lien holder is scheduled to be cancelled on June 27, 2011. The purchase agreement requires you to maintain vehicle insurance for the term of the purchase agreement. You must provide to me written or verifiable evidence that there will be no lapse of insurance on the vehicle prior to June 27, 2011. I write this letter to you to remind you of your obligation to make timely payment to Bobby Rahal Toyota in accordance with the terms of the purchase agreement and to indicate that the vehicle that you purchased must remain insured. If you continue to fail to make timely payments to Bobby Rahal Toyota on the 14th day of each month and/or fail to keep the vehicle insured for the benefit of Bobby Rahal Toyota, appropriate legal action will be taken. Please be advised that appropriate late charges will be assessed against your account in accordance with the terms of the purchase agreement for which you will be responsible due to late payments being made. In addition, nothing in this letter shall be deemed to be a waiver of any rights available to Bobby Rahal Toyota not specifically noted in this letter which are otherwise available under the terms of the purchase agreement and applicable law. Please be guided accordingly. EXHIBIT C Yours truly, Jim Porter General Manager Bobby Rahal Toyota 6711 Carlisle Pike Mechanicsburg, PA 17050 iporter(dbobbyrahaltoyota.com (717) 691-0500 ext 3001 (717) 576-9828 moblie (717) 691-5924 fax THIS IS AN ATTEMPT TO COLLECT A DEBT. ALL INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Bobby 1 .t . TOYOTA /==;cimm °6711 Carlisle Pike MECHANICSBURG, PA. 17050 717-691-0500 717-691-5600 July 25, 2011 Mr. Louis Schmidt Mrs. Patricia Schmidt 545 Appalachian Ave ?i i Mechanicsburg, Pa 17055 RE: Purchase of 2011 Toyota RAV4 VIN: 2TBDF4DV9BW098960 Dear Mr. & Mrs. Schmidt. On January 20, 2011 Bobby Rahal Toyota sent to you a letter explaining the terms of your contract relative to your purchase of the above referenced vehicle. Your monthly payment was due on July 14, 2011. We have not received payment from you for the month of July. You will note that your account is now 11 days past due. Please remit this payment immediately and resume regularly scheduled payments. If we do not receive payment within 10 business days we will initiate proceedings for legal action. All payments should be sent to: Bobby Rahal Toyota Attn: Jim Porter 6711 Carlisle Pike Mechanicsburg, Pa 17050 Your cooperation is appreciated. rely, Jim Poi r Gener I Manager Bobby ahal Toyota EXHIBIT D 6711 Carlisle Pike MECHANICSBURG, PA. 17050 717-691-0500 717-691-5600 August 16, 2011 RE: Notice of Repossession 2011 Toyota Rav 4 VIN: 2T3DF4DV9BW098960 Dear Louis E & Patricia L Schmidt This letter will serve as official Notice of Repossession for the above captioned vehicle registered to; Louis E & Patricia L Schmidt 545 Appalachian Ave Mechanicsburg, PA 17055 As the assigned debtor of the 2011 Toyota Rav 4 bearing Vehicle Identification Number 2T3DF4DV9BW098960, please accept this as your Notice of Repossession which took place on August 12th at 545 Appalachian Ave., Mechanicsburg, Pennsylvania. The current location of the repossessed vehicle is Bobby Rahal Toyota, 6711 Carlisle Pike, Mechanicsburg, Pennsylvania Our records show that that there is an unpaid balance of $25,773.10 remaining on your contractual financial obligation. In addition, there is $350.00 in repossession charges. Therefore, the total outstanding balance at this time is $26123.10. To avoid additional reconditioning charges, please return the 2"d set of keys. If you wish to regain possession of the vehicle, the outstanding balance of $26123.10 must be paid in full with a cashier°s check within fifteen (15) days of receipt of this letter. Failure to do so will result in Bobby Rahal Toyota disposing of the vehicle at the Manheim Auto Auction, 1190 Lancaster Rd., Manheim, PA on September 2, 2011 at 9:30 a.m. Currently, we are NOT offering the opportunity to reinstate the contract by payment of the overdue balance. After sale of the vehicle, the debtors (Louis E & Patricia L Schmidt) will be responsible for the difference of the total outstanding balance ($26123.10) and the selling price, including reconditioning and reselling fees. 1 EMBIT E Currently, Bobby Rahal Toyota has possession of personal property that was in the vehicle at the time of the repossession. The following Is a list of these personal items; 6 1 CD A more detailed fist of these possessions is available upon request. The item is currently being stored at Bobby Rahal Toyota, 6711 Carlisle Pike, Mechanicsburg, PA. The item will be retained for a period of thirty days. If the property is not reclaimed by September 12th, Bobby Rahal Toyota reserves the right to dispose of the property. If you have any questions, please contact; Jim Porter, General Manager Bobby Rahal Toyota 6711Carlisle Pike Mechanicsburg, PA 17050 Si Jim Porker, General Manager Bobby P,11,ahal Toyota (717) 691-0500 2 August 18, 2011 Currently, Bobby Rahal Toyota has possession of personal property that was in the vehicle at the time of the repossession. The following is a list of these personal items: O 1 CD Additional items found when vehicle was recovered from Richards & Associates, Inc. ® 2 tie-down straps ® 4 bungee cords ® 1 pair of eye glasses e 1 garage door remote control A more detailed list of these possessions is available upon request. The item is currently being stored at Bobby Rahal Toyota, 6711 Carlisle Pike, Mechanicsburg, PA. The item will be retained for a period of thirty days. If the property is not reclaimed by September 12th, Bobby Rahal Toyota reserves the right to dispose of the property. If you have any questions, please contact; Jim Porter, General Manager Bobby Rahal Toyota 6711Carlisle Pike Mechanicsburg, PA 17050 SlIncerely, t Jim P rter, General Manager i3obbgv ahaI Toyota (717) 691-0500 2 EXHIBIT F Additional items found: -2 tie-down straps -4 bungee cords -1 pair of eye glasses -1 garage door remote control October 3, 2011 Louis E. and Patricia L. Schmidt 545 Appalachian Avenue Mechanicsburg PA 17055 RE: Auction sale of 2010 Toyota RAV 4 VIN: 2T3 D F4 DV 9 B W 098960 Dear Louis E. and Patricia L. Schmidt, As stated in the previous Notice of Repossession, dated August 15, 2011, you as the debtors for the above vehicle will be responsible for the difference of the total outstanding balance ($26123.10) and the selling price ($21005.00), including reconditioning and reselling fees ($543.00). The total difference due from the sale of this vehicle at Manheim Auto Auction is $5661.10. Please remit the amount of $5661.10 to Bobby Rahal Toyota to satisfy the remaining balance due on the repossession. If we do not receive payment within 10 days business days we will initiate proceedings for legal action. Sincerely, Jim orte r Genr I Manager Bobby Rahal Toyota EXHIBIT G CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 By: Date: xjf /j? '7Ol SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh(d-Aplglaw.com Attorney for Defendants TEAM RAHAL OF MECHANICSBURG, : IN THE COURT OF COMMON PLEAS INC., d/b/a Bobby Rahal Toyota : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 12-569 CIVIL LOUIS E. SCHMIDT PATRICIA L. SCHMIDT JURY TRIAL DEMANDED Defendant To: Bobby Rahal Toyota r r -; c/o Keith O. Brenneman, Esq. Snelbaker & Brenneman, P.C. = r' ?. 44 W. Main Street - y = P.O. Box 318 Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclos d New Matter and Counterclaim within twenty (20) days from service hereof or a judgm t y be entered ainst you. Michael J. Pykosh, Esquire Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh d,dplglaw.com Attorney for Defendants TEAM RAHAL OF MECHANICSBURG, : IN THE COURT OF COMMON PLEAS INC., d/b/a Bobby Rahal Toyota : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No: 12-569 CIVIL LOUIS E. SCHMIDT PATRICIA L. SCHMIDT JURY TRIAL DEMANDED Defendant ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes the Defendants, Louis E. Schmidt and Patricia L. Schmidt, by and through their attorney, Michael J. Pykosh, of the Dethlefs-Pykosh Law Group, who responds to Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendants are without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 1 of Plaintiff s Complaint. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. It is Admitted that due to the inability of Plaintiff to assign the contract to a third-party financing entity, Plaintiff remained the seller and creditor for Defendants' financing for purchase of the vehicle. By way of further response, Plaintiff represented to Defendants that the subject contract was assigned to Capital One Auto Finance upon which Defendants relied to their detriment. 12. Admitted in part and Denied in part. It is Admitted that Plaintiff did not receive a payment from Defendants for the month of July 2011. It is Denied that Defendants were not in the process of making said payment. By way of further response, Defendants notified Jim Porter, the general manager of Plaintiff, and advised that Defendants would hand deliver to Plaintiff on August 13, 2011 said payment. However, on the evening of August 12, 2011 the vehicle in question was repossessed. The remaining averments as set forth in Paragraph 12, pertaining to an interruption of the contract, is Denied as a conclusions of law to which no response is required. 13. Denied. The averments as set forth in Paragraph 13 contain conclusions of law to which no response is required. By the way of further response, it is specifically Denied that Plaintiff peacefully repossessed the vehicle on August 12, 2011 through a third party. By the way of further response, Defendant is without sufficient information to determine if said. third party was licensed to repossess vehicles in Pennsylvania. 14. Denied. After reasonable investigation, Defendants are without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 14 of Plaintiff s Complaint, specifically whether on August 16, 2011 Plaintiff provided written notice to Defendants of the repossession of the vehicle, the right to regain possession of the vehicle and, inter alia, identification of personal property that was in the vehicle at the time of the repossession. By way of further response, Defendants are without sufficient knowledge as to the truth or veracity to determine whether Exhibit "E", attached to Plaintiff s Complaint, is a true and correct copy of the said August 16, 2011 letter mailed to Defendants by certified mail. By way of further response, it is Denied that said August 16, 2011 letter, was refused by Defendants. 15. Denied. After reasonable investigation, Defendants are without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 15 of Plaintiffs Complaint, specifically whether on August 18, 2011 Plaintiff provided written notice to Defendants of additional items of personal property recovered in the vehicle as a result of the vehicle's repossession. By way of further response, Defendants are without sufficient knowledge as to the truth or veracity to determine whether Exhibit "F", attached to Plaintiff s Complaint, is a true and correct copy of the said August 18, 2011 letter mailed to Defendants by certified mail. By way of further response, it is Denied that said August 16, 2011 letter, was refused by Defendants. 16. Admitted in part and Denied in part. It is Admitted that Defendants were unable to regain possession of the vehicle by paying the outstanding balance due thereon to Plaintiff. By way of further response, it is Denied that Defendants receive notice of the ability, to regain possession of the vehicle by paying the outstanding balance due thereon to Plaintiff. 17. Denied. The averments as set forth in Paragraph 17 contain conclusions of law to which no response is required. 18. Denied. After reasonable investigation, Defendants are without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 18 of Plaintiff s Complaint. 19. Denied. The averments as set forth in Paragraph 19 contain conclusions of law to which no response is required. 20. Denied. After reasonable investigation, Defendants are without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 20 of Plaintiff's Complaint. A. Denied. After reasonable investigation, Defendants are without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 20-A of Plaintiff's Complaint. B. Denied. After reasonable investigation, Defendants are without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 20-B of Plaintiff's Complaint. C. Denied. After reasonable investigation, Defendants are without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 20-C of Plaintiff's Complaint as it applies to the amount set forth in Paragraph 20-C. Defendants Denies that said amounts constitute allowable expenses as the same is a conclusion of law to which no response is required. 21. Denied. After reasonable investigation, Defendants are without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 21 of Plaintiffs Complaint, specifically whether on October 3, 2011, Plaintiff provided Defendants written notice of the amount of $5,661.10 due and owing to satisfy the remaining balance due by Defendants associated with the purchase and repossession of the vehicle. By way of further response, Defendants are without sufficient knowledge as to the truth or veracity to determine whether Exhibit "G", attached to Plaintiffs Complaint, is a true and correct copy of the said October 3, 2011 letter mailed to Defendants by certified mail. By way of further response, it is Denied that said August 16, 2011 letter, was refused by Defendants. 22. Denied. The averments as set forth in Paragraph 22 contain conclusions of law to which no response is required. 23. Denied. The averments as set forth in Paragraph 23 contain conclusions of law to which no response is required. 24. Denied. The averments as set forth in Paragraph 24 contain conclusions of law to which no response is required. 25. Denied. The averments as set forth in Paragraph 25 contain conclusions of law to which no response is required. WHEREFORE, the Defendants, Louis E. Schmidt and Patricia L. Schmidt, demands judgment in their favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and to dismiss Plaintiff's Complaint. DEFENDANT'S NEW MATTER The Defendants, Louis E. Schmidt and Patricia L. Schmidt, sets forth the following New Matter: 26. Defendant incorporates and makes part of this New Matter, Paragraphs 1 through 25 of the foregoing Answer to Plaintiff's Complaint as if fully set forth herein. 27. The claims made by Plaintiff are barred by the applicable Statute of Limitations. 28. The claims made by Plaintiff are barred by the Doctrine of Accord and Satisfaction. 29. Plaintiff's actions may be barred by the Doctrine of Estoppel. 30. Plaintiff through its agent / contractor improperly repossessed the Defendants' 2011 Toyota RAW vehicle in that said agent / contractor caused a breach of the peace to effectuate the said repossession by: A. Trespassing upon the private property of Defendants where the Defendants' 2011 Toyota RAW vehicle was located and; B. Threating Defendant, Patricia L. Schmidt, that the police would be called if she did not provide the key to the 2011 Toyota RAV4 vehicle to said agent / contractor. Said statement gave Defendant, Patricia L. Schmidt, the understanding that there were criminal consequences for her if she did not turn over the keys to the agent / contractor. 31. Plaintiff's actions may be barred by the Doctrine of Unclean Hands in that Plaintiff: A. Entered in an installment sales contract for the sale of a 2011 Toyota RAW vehicle with Defendants. B. In entering into the aforementioned installment sales contract, Plaintiff knew or should have known the Defendants' credit was deficient. C. Plaintiff knew or should of known, based upon Defendants' monthly income and credit score, that Defendants would be unable to make the monthly payments as required. D. Plaintiff entered into said installment sales contract without care of Defendants' ability to make the monthly payments as Plaintiff s motivation was to sell said installment sales contract to a third party. 32. Plaintiff is barred from recovery in the matter as it violated 73 Pa. C.S.A. § 201-1 et seq of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 33. Plaintiff is barred from recovery in this action as its representations and actions constitute fraud in the inducement. WHEREFORE, the Defendants, Louis E. Schmidt and Patricia L. Schmidt, demands judgment in their favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and to dismiss Plaintiff's Complaint. COUNTERCLAIM COUNT I - FRAUD IN THE INDUCEMENT Louis E. Schmidt and Patricia L. Schmidt v. Team Rahal of Mechanicsburg, Inc., d/b/a Bobby Rahal Toyota 34. Defendant incorporates and makes part of this Counterclaim, Paragraphs 1 through 25 of the foregoing Answer to Plaintiff's Complaint and paragraphs 26 through 33 of the foregoing New Matter to Plaintiff's Complaint as if fully set forth herein. 35. On or about December 30, 2010 Defendants made contact with Plaintiff for the purposes of inquiring to purchase a vehicle. 36. On or about December 30, 2010, while at Plaintiff s sales lot, Defendants were aided by Plaintiff's sales representative, Patrick Doherty, relative to the purchase of a 2011 Toyota RAV4 vehicle. 37. At all times relevant hereto Patrick Doherty was an employee, agent, and / or sales representative of Plaintiff, under the control and direction of Plaintiff. 38. Plaintiff, by and through Patrick Doherty, made certain representations to Defendants as set forth below. 39. Plaintiff, by and through Patrick Doherty, made material misrepresentations to Defendants as set forth below. 40. Upon Defendants completing a credit application, Plaintiff s sales representative Patrick Doherty, indicated the he would submit Defendant's credit application to a lending institution for financing. 41. Defendants directed Plaintiff s sales representative, Patrick Doherty, to submit said credit application to Members 1St Federal Credit Union as Defendant warned Plaintiff s sales representative, Patrick Doherty, that Defendants' credit score was subpar but had a history with borrowing monies for vehicles from Members 1St Federal Credit Union. Therefore, Defendants believed that their best chance for financing was with Members 1St Federal Credit Union. 42. In the late afternoon of December 30, 2010 Defendants were informed by the said Patrick Doherty that Members 1St Federal Credit Union would not agree to finance Defendants' purchase of said 2011 Toyota RAW vehicle. 43. On or about December 30, 2010 Plaintiff's sales representative, Patrick Doherty, subsequently requested the permission of Defendants to submit Defendants' credit application to Capital One Auto Finance (hereinafter referred to as "Capital One"), to which Defendants agreed. 44. In agreeing to allow Plaintiff s sales representative, Patrick Doherty, to submit Defendants' credit application to Capital One, Defendants made it clear that if Capital One did not approve their financing that they would no longer be interested in purchasing said 2011 Toyota RAW vehicle. 45. On or about December 30, 2010 Defendants subsequently received a telephone call from Plaintiff s sales representative, Patrick Doherty, in which Mr. Doherty informed the Defendants that Capital One approved the financing for the said 2011 Toyota RAW vehicle. Defendants were directed to provide current pay advices to Plaintiff s sales representative, Patrick Doherty. 46. During the telephone call in which Plaintiffs sales representative, Patrick Doherty, told Defendants that Capital One would finance Defendants' auto loan, Plaintiffs sales representative, Patrick Doherty, requested Defendants to accept delivery of said 2011 Toyota RAV4 vehicle by December 31, 2010, so that Plaintiff s sales representative, Patrick Doherty, would receive a financial bonus as a result of said delivery occurring prior to the end of 2010. 47. On or about December 31, 2010 Defendants complied with Plaintiff s sales representative, Patrick Doherty's, request by entering into a sales / financing agreement with Plaintiff and accepting delivery of said 2011 Toyota RAV4 vehicle on December 31, 2010. Defendants also provided the requested pay advices. 48. On or about December 31, 2010 at the time of accepting delivery of said 2011 Toyota RAV4 vehicle, Defendant was again assured by Plaintiff s sales representative, Patrick Doherty, that Capital One accepted Defendants credit application for financing for said 2011 Toyota RAV4 vehicle. 49. The representation made by Plaintiff s sales representative, Patrick Doherty, that Capital One committed to finance Defendants' auto loan were justifiably relied upon by Defendants when they accepted delivery of said 2011 Toyota RAV4 vehicle and entered into a sales / financing agreement with Plaintiff. 50. Within a few days of Defendants accepting delivery of the said 2011 Toyota RAV4 vehicle, Plaintiff paid off Defendants' trade-in vehicle, a 2008 Toyota Highlander (hereinafter referred to as "Trade-In") 51. On or about January 23, 2011, Defendants received a telephone call from Plaintiff's sales representative, Patrick Doherty, whereby, Mr. Doherty advised Defendants that there was an issue with their financing with Capital One. Patrick Doherty informed the Defendants that Capital One did not finance Defendants' auto loan and that Defendants would be receiving a telephone call from Plaintiff s management. 52. On or about January 24, 2011, Defendants received a telephone call from Jim Porter, Plaintiff's general manager. Mr. Porter asked Defendants how they plan to pay Plaintiff the $27,204.56 since Capital One would not finance Defendants' auto loan. To which Defendants informed Jim Porter that Defendants had no ability to pay the said $27.204.56 to Plaintiff in a lump sum. 53. As a result of Plaintiff paying off Defendants' Trade-In, Defendants were prevented from avoiding the contract and returning the 2011 Toyota RAV4 vehicle to Plaintiff. Thus, Defendants were trapped in the transaction by Plaintiff s actions. 54. Plaintiff subsequently accepted financing of Defendants' 2011 Toyota RAW vehicle. 55. The elements of a cause of action for fraud in the inducement are as follows: (1) a representation; (2) which is material to the transaction at hand; (3) made falsely, with knowledge of its falsity or recklessness as to whether it is true or false; (4) with the intent of misleading another into relying on it; (5) justifiable reliance on the misrepresentation; and (6) the resulting injury was proximately caused by the reliance. Eigen v. Textron Lycoming Reciprocating Engine Div., 874 A.2d 1179, 1185 (Pa. Super. Ct. 2005) (internal citations omitted). 56. Plaintiff's sales representative, Patrick Doherty's statements to Defendants that Capital One agreed to the financing of Defendants' auto loan, as aforementioned, and subsequent actions by Plaintiff constitute: A. A material misrepresentation upon which Defendants relied when they accepted delivery of the 2011 Toyota RAV4 vehicle and entered into a sales contract for said 2011 Toyota RAV4 vehicle with Plaintiff and; B. Fraudulent and / or deceptive conduct which created confusion and / or misunderstanding. 57. Defendants suffered actual losses as a direct result of Plaintiffs material misrepresentation, fraudulent and deceptive conduct in that: A. Defendants has and continues to incur attorney fees and costs for the defense of Plaintiffs lawsuit for a deficiency judgment and; B. Was prevented from avoiding said contract because of Plaintiff's actions of paying off Defendants' Trade-In. WHEREFORE, Defendants, Louis E. Schmidt and Patricia L. Schmidt, respectively requests that this Honorable Court enter judgment in their favor and against Plaintiff, Team Rahal of Mechanicsburg, Inc., d/b/a Bobby Rahal Toyota, as follows: A. Find that Plaintiff fraudulently induced Defendants to enter into the contract; B. Declare the contract between Defendants and Plaintiff voidable by Defendants and; C. Order that Plaintiff is to not entitled to a deficiency judgment against Defendants; together with punitive damages for Plaintiffs conduct, pre and post judgment interest, attorney fees, costs and whatever other relief this Honorable Court deems necessary and just. Said amount being above the mandatory arbitration limits for Cumberland County, Pennsylvania. COUNT II - UNFAIR / DECEPTIVE TRADE PRACTICES Louis E. Schmidt and Patricia L. Schmidt v. Team Rahal of Mechanicsbury-, Inc., d/b/a Bobby Rahal Toyota 58. Defendant incorporates and makes part of this Counterclaim, Paragraphs 1 through 25 of the foregoing Answer to Plaintiff's Complaint, paragraphs 26 through 33 of the foregoing New Matter to Plaintiff's Complaint and paragraphs 34 through 57 of the foregoing Counterclaim, Count I to Plaintiff's Complaint as if fully set forth herein. 59. Defendants, Louis E. Schmidt and Patricia L. Schmidt, hereby makes a claim against Plaintiff, Team Rahal of Mechanicsburg, Inc., d/b/a Bobby Rahal Toyota, under 73 Pa. C.S.A. § 201-1 et seq. of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 60. Plaintiff engaged in fraudulent and / or deceptive conduct which created a likelihood of confusion and / or of misunderstanding, in direct violation of 73 Pa. C.S.A. § 201- 2(4)(xxi). 61. Defendant suffered actual losses as a direct result of Plaintiffs fraudulent statements, actions, misrepresentations, and concealment. 62. Defendant is entitled to treble damages under the Pennsylvania Unfair Trade Practices and Consumer Protection Law as a result of the outrageous, reckless and intentionally fraudulent actions of the Plaintiff. 63. Defendant is entitled to reimbursement of attorney's fees and litigations costs under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Defendants, Louis E. Schmidt and Patricia L. Schmidt, respectively request judgment against Plaintiff, Team Rahal of Mechanicsburg, Inc., d/b/a Bobby Rahal Toyota, in an amount of three times their actual damages for Plaintiff's fraudulent, misrepresentation and deceit utilized by Plaintiff. Defendants also respectively request punitive damages for the willful, wanton, malicious and intentional fraud, misrepresentation utilized by Plaintiff and deceptive practices. Additionally, Defendants, respectively request this Honorable Court to assess incidental and consequential damages against Plaintiff in addition to attorney fees and costs as provided for under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and any other such relief as this Honorable Court deems necessary and proper including but not limited to preventing Plaintiff from collecting the deficiency judgment it is alleging in its Complaint. Said amount being above the mandatory arbitration limits for Cumberland County, Pennsylvania. Respectfully Submitted, Dated:Ra&? Z 2DVZ By: r Michael J. Pykosh, Esquire VERIFICATION I, Louis E. Schmidt, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. 3 lc? Date: ?a Louis E. Schmidt VERIFICATION I, Patricia L. Schmidt, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. J Date: 3 0 - I o.?Ga?. Patricia L. Schmidt Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh(_d?dplglaw.coin Attorney for Defendants TEAM RAHAL OF MECHANICSBURG, : IN THE COURT OF COMMON PLEAS INC., d/b/a Bobby Rahal Toyota : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. LOUIS E. SCHMIDT PATRICIA L. SCHMIDT Defendant No: 12-569 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER and NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Bobby Rahal Toyota c/o Keith O. Brenneman, Esq. Snelbaker & Brenneman, P.C. 44 W. Main Street P.O. Box 318 Mechanicsburg, PA 17055 Respectfully Submitted, Dated: ?C O Z 2olZ By: Michael J. Pykosh, Esquire '. ?l JUN - I Ni12: ENNSYLVAHIA TEAM RAHAL OF MECHANICSBURG, INC., d/b/a Bobby Rahal Toyota, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LOUIS E. SCHMIDT and PATRICIA L. SCHMIDT, Defendants TO THE PROTHONOTARY: NO. 2012-569 CIVIL ACTION - LAW' PRAECIPE Please mark Defendants' Counterclaims raised in the above matter settled, discontinued and ended with prejudice. Date: 51? ] 1 DETHLEFS-PYKOSH LAW GROUP, LLC By: Lamp Hill, FA 17011 Attorneys for Louis E. Schmidt and Patricia Schmidt r tv ? r Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff TEAM RA14AL OF MECHANICSBURG, [NC., d/b/a Bobby Rahal Toyota, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LOUIS E. SCHMIDT and PATRICIA L. SCHMIDT, Defendants TO THE PROTHONOTARY: NO. 2012-569 CIVIL ACTION - LAW 1312 0 1Pf TAP Please mark the Complaint in the above matter settled, discontinued and ended with prejudice. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Date: May 24, 2012 By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Team Rahal of Mechanicsburg, Inc. %' a AF