The URL can be used to link to this page

Home My WebLink About12-4660COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL ` Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice the date and in the case referenced below. NAME OF APPELLANT I mha. via i . "' Donald Failor MDJ-09-3-04 Honorable Paula P. Correal 1702 Harrisburg Pike Carlisle 6-27-2012 1 Pete Cosmos MJ-09304-CV-0000146-2012 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. PA 17015 renoanri c? VS RoousedAfto' gaiesayI?i6. Stone Pa. R. C. P. D. J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Pete Cosmos appellee(s), to file a complaint in this appeal Name of appe0ee(s) (Common Pleas No. !a ,r L `6 within twenty (20) days after service of rule or s r ent of judgment of non pros. Signature of appellant or attorney or agent RULE: To Pete Cosmos , 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. -aw-A, Date: 20' Signature of Proonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL 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 ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein ors (date of service) _ - _ , 2G ? by personal service ? by (certified) (registered) rnai, sender's receipt attached hereto, and upon the appellee, (name) ), •, 2tt ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of ziffian, Signature of official before whom affidavit was made Title of official My commission expires on 20 w 3 ? ? v <p cil r- N cn +v 1. Y? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No. MDJ-09-3-04 MDJ Name: Honorable Paula P. Correa[ Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Donald Failor 1702 Harrisburg Pike Carlisle. PA 17015 Disposition Summary Pete Cosmos V. Donald Failor, Jay Grove, Stone House Auto Sales Inc. Docket No: MJ-09304-CV-0000146-2012 Case Filed: 4/27/2012 Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304-CV-0000146-2012 Pete Cosmos Donald Failor Judgment for Plaintiff 06/27/2012 MJ-09304-CV-0000146-2012 Pete Cosmos Jay Grove Judgment for Plaintiff 06/27/2012 MJ-09304-CV-0000146-2012 Pete Cosmos Stone House Auto Sales Inc. Judgment for Plaintiff 06/27/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Donald Failor $5,511.00 $0.00 $5,511.00 Jay Grove $5,511_00 $0.00 $5,511.00 Pete Cosmos $0.00 $0.00 $0.00 Stone House Auto Sales Inc. $5,511.00 $0.00 $5,511.00 Judgment Detail (*Pos tJudgment) In the matter of Pete Cosmos vs. Donald Failor; Jay Grove; Stone House Auto Sales Inc. on 6/27/2012 the judgment was awarded as follows: Judgment Comp onent Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $5,350.00 $0.00 $5,350.00 Filing Fees $143.00 $0.00 $143.00 Costs $18.00 $0.00 $18.00 Grand Total: $5,511.00 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. "Nol --- - Date nior Magisterial District Judge Paula P. Correal Se MDJS 315 Page 1 of 3 Printed: 07/23/2012 11:23:12AM Pete Cosmos ij v. Dcr 3,J Failor, Jay Grove, Stone House Auto Sales Inc. I e ti- !hat this is a true an correct copy o t e ro Date Docket No.. MJ-09304 CV-0000146-2012 ing tr Magisterial District Judge Page 2 of 3 Printetl: 07/23/ MDJS 315 2012 11:23:12AM Pete Cosmos V. Donald Failor, Jay Grove, Stone House Auto Sales Inc. Participant List Plaintiff(s) Pete Cosmos 6649 Long Beach Court New Market, MD 21774 Defendant(s) Donald Failor 1702 Harrisburg Pike Carlisle, PA 17015 Jay Grove 1702 Harrisburg Pike Carlisle, PA 17015 Stone House Auto Sales Inc. 1702 Harrisburg Pike Carlisle, PA 17015 Docket No.: MJ-09304-CV-0000146-2012 MDJS 315 Page 3 of 3 Printed: 07/23/2012 11:23:12AM DA VID H. STONE, ESQ ATTORNEY ID NO. 39785 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR APPELLANT r- iiU-OFFICE. jF THE PROTNONOTAR-- 2012 JUL 30 PM 4: 08 CUMBERLAND COUNTY PENNSYLVANIA DONALD FAILOR, JAY GROVE, STONE HOUSE AUTO SALES, INC. Appellant V. PETE COSMOS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4660 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND I, David H Stone, of Stone LaFaver & Shekletski, attorneys for the Appellant hereby cc served the Notice of Appeal from District Justice Judgment in the above captioned matter on the Pete Cosmos, at 6649 Long Beach Court, New Market, Maryland 21774, by United States cert: postage prepaid, restricted delivery, postmarked July 26, 2012, as evidenced by the attached cert receipt. I, David H. Stone, of Stone LaFaver & Shekletski, attorneys for the Appellant hereby cert served the Notice of Appeal from District Justice Judgment in the above captioned matter on The H4 Paula P. Correal, at 5275 East Trindle Road, Suite 110, Mechanicsburg, Pennsylvania 17050, b, States certified mail, postage prepaid, restricted delivery, postm ed July 26, 2012, as evidence attached certified mail receipt. Da ' squire SWORN TO AND SUBSCRIBED befot re ±,?m_ e this 0 1 'day of _, 2012. btary Public Attorney at Law COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL - JENNIFER A. MEARKLE, Notary Public New Cumberland Boro.Cumberland Co. My Commission Expires July 7, 2016 that I mail, mail that I United by the DAVID H. STONE ESQ ATTORNEY ID NO. 39785 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR APPELLANT ? 1. AUG -8 PH 2: 34 , ?E Nt#SYLV,,! Al 1 DONALD FAILOR, JAY GROVE, STONE HOUSE AUTO SALES, INC Appellant V. PETE COSMOS, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4660 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF CUMBERLAND I, David H. Stone, of Stone LaFaver & Shekletski, attorneys for the Appellant hereby cc served the Notice of Appeal from District Justice Judgment in the above captioned matter on the Pete Cosmos, at 6649 Long Beach Court, New Market, Maryland 21774, by United States cert postage prepaid, restricted delivery, on July 28, 2012, as evidenced by the attached certified m, receipt. that I ;d mail, return I, David H..Stone, of Stone LaFaver & Shekletski, attorneys for the Appellant hereby certify that I served the Notice of Appeal from District Justice Judgment in the above captioned matter on The Honorable Paula P. Correal, at 5275 East Trindle Road, Suite 110, Mechanicsburg e Sylvania 17050, b United evidenced States certified mail, postage prepaid, restricted delivery, on July 31, by the ttached certified mail return receipt. David KStoner Attorney at Law SWORN TO AND SUBSCRIBED before me this _ day of 2012. blic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JENNIFER A. MEARKLE, Notary Public New Cumberland Boro.Cumbedand Co. My Commission Expires July 7, 2016 X ;VAW ? Agent ? Addro EL PAc*'#jby(A* ftn* Q. JUM 9! DA D. Is cldwy addren ditmtrt from item 17 C3 Yes H YES, enter delivery address below: 13 No L 3. Swwlm Type Cartibed FVW ? M ? Registered N Rdwo Roo** for Mwdandies 0 Insured Md ? C.O.D. 4. Restricted Delivery? (Extra ft # ? Yea 7009 3410 0001 5605 4104 PS FaM 3611, February 2004 Domoo Return Reoeipt 102696-024A-180 s e ht4N PidD y deer s Part yowtark ww and A 0 on ttls roger so the! wo 00? Mtum the CWd to Y%L ¦ Attach Oft Md to the bade of the Mall* or ort Ow *bft N bpwo pw mfts. 1. Ar$ci?/?driwAwd tx k P COSMOS 6649 LONG REACH COURT NEW MARKET, MD 21774 ¦ C;oMpiMS Mears 1, 2, and 3. Also cornpide item 4 N Remlotad DohWY Is deehsd. ¦ Prhrtyourname and address on the reverse so that we can retum the card to you. ¦ Attach tide cardto the back of the maiipiem, or on the front N space pemdta. 1. ArWo Addressed to., HONORABLE PAULA P. CORREAL 5275 EAST TRINDLE ROAD SUITE 110 MECHANICSBURG, PA 17050 2. Ankle Number (lraneier fraim errvkrs law PS Form 3811, February 2004 ttftent Addresses X D (Prhrtsd Name) C. Daft of Delwery C?f?15 '7.3 V D. Is delivery address dffwwd from Item 1? ? Yes If YES, enter delivery address below: dr No 3. Service Type j ¦ Cortiled Mail ? Registered ? Iraued Mall 4. Restricted 0shw 7009 3410 0001 ? Express Mail ¦ Return Receipt for Mwchwxfl e i (3 C.O.D. f? (Ezra Fee) ? Yea _-? 5605 4111 I Domestic Return Receipt 102595-024A.1640 ABOM ~Z' Kurur~a~cis Cason Y. (iutulal~~, Lsyuirc \ttomce Lll. #: tiU4ll 2 \K'cst I lit;h titrcct Carlisle, P.1 171 13 X717) 249-II)UU ,, ` '; `., ., ~ ' ,, j C" ~C.~'~ S ra ~t~ ~, r, ~ ~, . ~ '~ ; i . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PF,TE COSI~-IOS, Plaintiff v STONE. HOUSE AUTO SALES, LLC And DON_~LD TAILOR, Owner And JAY GROVE, Employee, Defendants TO: David H. Stone, Esquire 414 Bridge Street New Cumberland, PA 17070 Attorney for Defendants IN THE COURT OF COMMON PLEA CUMBERL..AND COUNTY, PENNSYLVANIA FILE NO.: L-660 CIVIL ACTION - LACY' NOTICE TO PLEAD YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fc in the following pages, you must take action within twenty (20) days after this Complaint and No are served, by entering a written appearance personally or by attorney and filing in writing with Court your defenses or objections to the claims set forth against you. You are warned that if you to do so the case may proceed without you and a judgment may be entered against you by the Cc without further notice for any money claimed in the Complaint or for any other claim. or rc 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 D NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO\ THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYE IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BF. ABLE T 1 PROVIDE YOU WITH INFORNL~TION ABOUT AGENCIES THAT MAY OFFER. LEG1'l.L SERVICES TO ELIGIBLE PERSONS AT A REDUCED FF.E OR NO FEE. ', Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA ONLY) or717-238-6715 Respectfully Submitted, 8~ KUTULAKIS, LLP Date: ~' (~~ ` P. Kutulakis, Esquire iev ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PETE COSIvIOS, Plaintiff ~-. STOKE HOUSE AUTO SALES, LLC And DON.~LD FAILOR, Owner And JAY GROVT., Employee, Defendants IN THE COURT OF COMMON PLEA CUMBERL_~ND COUNTY, PENNSYLVANI FILE NO.: L-4660 CIVIL AC"PION -LAW TO THE HONORABLE JUDGES OF SAID COURT: COMPLAINT AND NOW, comes the Plaintiff, Pete Cosmos, by and through his attorneys, Jason Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and brings this action against the abo named Defendants to recover damages, attorney fees and costs, in an amount not to e:KCeed amount requiring arbitration, upon the following cause of action: PARTIES 1. Plaintiff, Pete Cosmos, is an adult individual who resides at 6649 Long Beach Court, N Market, Maryland 21774. 2. Defendant, Stone House Auto Sales, LLC is a Pennsylvania limited liability corporation. 3. Defendant, Donald Failor, is an adult individual serving as owner of Stone House Sales, LLC in the business of selling used automobiles. 3 4. Defendant, Jay Grove, is an adult individual serving as employee of Stone House Auto Salts, LLC. 5. Each defendant has a business address of 1702 Harrisburg Pike, Carlisle, Permsylva~ia 17015. FACTUAL BACKGROUND 6. Paragraphs one (1) through five (5) are incorporated herein. 7. Plaintiff and Defendants entered into a written agreement (hereinafter the "Contract") August 26, 2011. 8. Said contract demanded five thousand three hundred and fifty dollars ($5,350.00) t:o be by Plaintiff in exchange for a used 2000 Ford Taurus. 9. The written contract is not attached because it was left in the car that was returned to Defendants and, therefore, is unattainable. 10. On August 26, 2011, Plaintiff paid for the Ford Taurus in full by check. 11. Plaintiff is a resident of the State of Maryland which requires vehicles registered in Mary to be inspected by an authorized inspection station. 12. The Defendants knew the Plaintiff was a resident of Maryland. 13. On September 23, 2011, Plaintiff had the Ford Taurus inspected at Fredricktowne an authorized safety inspection station. See, Motor Vehicle Inspection Report„ hereto as Exhibit "A". 14. Roy Monitor, service manager of Fredricktowne Motors, informed Plaintiff the Ford Taurus did not pass inspection due to the following problems with the car: ', a. Filler pipe going to the fuel tank was nearly rusted through, b. Rocker panel on the driver's side had a loose plastic cover and underneath, the metal had rusted to the point where it was affecting the structure of the unibody, 4 c. Rear strut mounts completely deteriorated due to rust, d. Rear sway bar or torsion bar links completely deteriorated due to nest; and e. All seams on the underside of the vehicle were rusted to the pouit where, in a few months, the seams will allow water and dirt to enter into the underside cavities of tl~e vehicle to even further destroy the structure. ', 15. Roy Monitor further stated that he suspected the Ford Taurus may have been dan:~aged ~ a flood. '' 16. Defendant failed to disclose the damage listed in paragraph thirteen (13). 17. Defendant failed to disclose that the subject car was involved in a flood or sustauied damage. 18. On September 23, 2011, immediately after failing inspection, Plaintiff returned the F Taurus to Defendants. 19. Defendants initially agreed to look at the returned Ford Taurus, however, communicated to Plaintiff verbally that they were unwilling to resolve any issues. 20. Plaintiff attempted to contact Defendants on several occasions by phone and in person resolve the matter and Defendants repeatedly refused. 21. Defendants currently have possession of the Ford Taurus at issue and have failed to any money paid by Plaintiff for the car. COUNT I -BREACH OF CONTRACT 22. Paragraphs one (1) through twenty one (21) are incorporated herein. 23. For a plaintiff to successfully maintain a cause of action for breach of contract the plaint~ff must establish the following elements: (1) the existence of a contract, including its essent~al 5 terms, (2) a breach of a duty imposed by the contract and (3) resultant damages. Gorrki'v. Smith, 2002 PA Super 334, 812 A.2d 683 (Pa. Super. Ct. 2002). 24. Plaintiff and Defendants entered into a contract on August 26, 2011. 25. Said contract demanded five thousand three hundred and fifty dollars ($5,350.00) to be by Plaintiff in exchange for a used 2000 Ford Taurus. 26. For the reasons listed above in paragraph 12, the Defendant failed to sell Plaintiff a car was road-worthy and able to pass state inspection. 27. Failure to comply with the terms of a written contract constitutes a breach of that contract. 28. Defendants failed to comply with all of the terms of the written contract. 29. Defendants breached the contract by failing to comply with the terms of the contract. 30. Plaintiff notified Defendants by returning the Ford Taurus to Defendants, placing calls to the Defendants, and in person visits to the Defendants that the car was not compliance with the terms of the written contract. 31. Defendants have refused to address the issues Plaintiff identified. 32. The costs incurred by Plaintiff to put himself in the position that he would have been in Defendants adequately satisfied his obligations under the contract are damages. WHEREFORE, Plaintiff demands judgment in his favor and against the Defendants in amount of $5,350.00 together with interest and costs of suit, including, but not limited to, ce incurred in the proceeding before Magisterial District Judge Paula P. Correal, Mag. Dist. I`Jo. 09 04, and the costs incurred in filing of the instant action in This Honorable Court. COUNT II - IN THE ALTERNATIVE -UNJUST ENRICHMENT 33. Paragraphs one (1) through thirty two (32) are incorporated herein. 34. Linder Pennsylvania law, the elements of a duty to make restitution under the theory of ' unjust enrichment require (1) an enrichment and (2) an injustice resulting if recovery for th~ enrichment is denied. Zvonik v. Zvonik, 291 Pa. Super. 309, 435 A.2d 1236 (1981). 6 35. Plaintiff and Defendants entered into a written agreement on August 26, 2011 which demanded five thousand three hundred and fifty dollars ($5,350.00) to be paid by Plaintiff ~n exchange for a used 2000 Ford Taurus. 36. On August 26, 2011, Plaintiff paid for the Ford Taurus in full by check. 37. On September 23, 2011, Plaintiff had the Ford Taurus inspected at Fredricktowne an authorized safety inspection station. See, Motor Vehicle Inspection. Report, hereto as Exhibit "A". 38. Roy Monitor, service manager of Fredricktowne Motors, informed Plaintiff the Ford T did not pass inspection for the reasons listed above in paragraph 13. 39. On September 23, 2011, immediately after failing inspection, Plaintiff returned the F Taurus to Defendants. 40. Plaintiff attempted to contact Defendants on several occasions by phone and in person resolve the matter and Defendants repeatedly refused. 41. Defendants currently have possession of the Ford Taurus at issue and have failed to any money paid by Plaintiff for the car. WHEREFORE, Plaintiff demands judgment in his favor and against the Defendants in amount of $5,350.00 together with interest and costs of suit, including, but not limited to, cc incurred in the proceeding before Magisterial District Judge Paula P. Corneal, Mag. Dist. rJo. 09 04, and the costs incurred in filing of the instant action in This Honorable Court. COUNT III -VIOLATION OF PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 42. Paragraphs one (1) through forty one (41) are incorporated herein. 43. The Pennsylvania Unfair Trade Practices and Consumer Protection Law 73 P.S. ~~ 201-1 et seq., applies to this case. 3- ~~LJTPC~ ), i 7 44. Title 73 P.S. ~ 201-2(4)(xxi) and ~ 201-3 states that "engaging in any other fraudulent pr deceptive conduct which creates a likelihood of confusion or of misunderstanding" is 2cn "unfair or deceptive act or practice" and is unlawful. 45. Plaintiff and Defendants entered into a contract on August 26, 2011. ', 46. Said contract demanded five thousand three hundred and fifty dollars ($5,350.00) to be pad by Plaintiff in exchange for a used 2000 Ford Taurus. III, 47. Defendants coimnitted an unlawful "unfair or deceptive act or practice," as per the UTPC~., when they sold Plaintiff a Ford Taurus without disclosure that the car was not road-wort~y or capable of passing a state safety inspection. ~' 48. Defendants' nondisclosure created confusion and misunderstanding as to 9uality of vehicle and, therefore, was fraudulent in violation of 73 P.S. ~ 201-2(4)(xxi). 49. 73 P.S. ~ 301.2 (5) states: "The representation in an advertisement or sales presentation that a motor •vehicle motor vehicle goods or services are of a particular style, model, standard, quality grade if they are of another or if the representation conflicts with a written notice disclosure required under this chapter. For the purposes of this chapter, a mot vehicle which is offered for sale is represented to be roadworthy, and the adverti~ or seller shall disclose prior to sale the following conditions if the advertiser or sell knows or should know that the conditions exist in the motor vehicle: (i) Frame bent, cracked or twisted. (ii) Engine block or head cracked. (iii) Vehicle unable to pass State inspection. (iv)Transmission damaged, defective or so deteriorated as to replacement. (v) Vehicle flood damaged. (vi) Differential damaged, defective or so deteriorated as to replacement." 50. Roy Monitor, service manager of Fredricktowne Motors, informed Plaintiff the Fo.ed did not pass inspection due to the following problems with the car: £ Filler pipe going to the fuel tank was nearly rusted through, 8 g. Rocker panel on the driver's side had a loose plastic cover and underneath, the metal had rusted to the point where it was affecting the structure of the unibody, h. Rear strut mounts completely deteriorated due to rust, i. Rear sway bar or torsion bar links completely deteriorated due to rust; and j. All seams on the underside of the vehicle were rusted to the point where, in a months, the seams will allow water and dirt to enter into the underside ca~rities of vehicle to even further destroy the structure. 51. Roy Monitor further stated that he suspected the Ford Taurus may have been damaged ~ a flood. 52. Defendants represented to Plaintiff that the vehicle was roadworthy. 53. Defendants knew of should have known the vehicle was unable to pass state inspection had suffered flood damage. 54. Defendants failed to disclose the vehicle was unable to pass state inspection and suffered flood damage to Plaintiff before he purchased the vehicle in violation of 73 P.S. 201-3.2(5)(iii) and (v). WHEREFORE, Plaintiff demands judgment in his favor and against the Defendants in amount of $5,350.00 together with interest and costs of suit, including, but not limited to, a incurred in the proceeding before Magisterial District Judge Paula P. Correal, Mag. Dist. No. 09 04, and the costs incurred in filing of the instant action in This Honorable Court. COUNT IV -BREACH OF IMPLIED WARRANTY 55. Paragraphs one (1) through fifty seven (57) are incorporated herein. 56. The Pennsylvania Uniform Commercial Code), 13 Pa. C.S.A. ~ 2102 et seq., applies to case. 57. 13 I'a. C.S.A.. ~ 2314 states: Implied warranty: merchantability; usage of trade. (a) Sale by merchant. "Unless excluded or modified (section 2316), :a warranty that the goods shall be merchantable is implied in a contract for their sale 9 the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale." (b) Merchantability standards for goods.--Goods to be merchantable must be at least such as: (1) pass without objection in the trade under the contract description; (2) in the case of fungible goods, are of fair average quality wit]iin the description; (3) are fit for the ordinary purposes for which such goods are used; (4) run, within the variations permitted by the agreement, of even kinc quality and quantity within each unit and among all units involved; (5) are adequately contained, packaged, and labeled as the agreement may require; and (6) conform to the promises or affirmations of fact made on the container or label if any. 58. For the reasons enunciated above, Plaintiff is not satisfied with the quality of the Foj:d Taurus sold to him by the Defendants. ~, 59. The Ford Taurus was not roadworthy and was not capable of passing a state saf~ty inspection in violation of 13 Pa. C.S.A. ~ 2314 (b)(3). ~I! I'~ 60. Plaintiff has made contact with the Defendants to express dissatisfaction. ~ 61. Plaintiff has made many demands on Defendants to correct the defects but Defendants ha~e refused. WHEREFORE, Plaintiff demands judgment in his favor and against the Defendants in amount of $5,350.00 together with interest and costs of suit, including, but not limited to, a incurred in the proceeding before Magisterial District Judge Paula P. Correal, Mag. Dist. No. 09 04, and the costs incurred in filing of the instant action in This Honorable Court. Respectfully Submitted, OM & KUTUI.AKIS, LLP Date: August 14, 2012 Jas n P. Ku akis, Esquire torney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint 10 ~xx~cATro~ I, Pete Cosmos, verify that the statements made in the foregoing Complaizit are true a~hd correct I understand that false statements herein are made subject to the peaalties of X4904, relating to unsworn falsification to authorities. g-13~12- Date ~~~uq rr;~ ~ ~ r~~~,~.~~ ~e':e Cosmos rx~urrci~ntuwrvt: a[UlUKS Smote of Mr4ry~tnd Altotor V'$l~icle IrtspectiQn Aepfart 3i,, c6527~' (at]l j ~l OwMEii / pG ~ ~ T1 td0 r~ ADOftESS ~~~~' R-1~s ~ ~~~~TE ` - ~q r^ ~I l { 1 (02) -STEERING JG "G `G "~ P F R Steerin0 wheel Column LdEn Travel Linkage: Tie Hods ~B• P,i~~rr.. ~~ Aack 6 Pinion Power Steering (e) A~tGNMEiV•f P F A eee roq.,rdngs. roe Tildui~ Rear YVNeaI AY nntent (c) susPeNSwN P F R Ban .ioirrs or King Pins ~ae..cu'noa n>a~~ (05) • FUEL 5YSTEM P . F fq Tank ~ Ca0 ~ Toeing Aceeleraror ~ (06) • fJWAUST SY~'fE141 • P F R hkilfler Any Piping Manifold r,/ (Or7) - BUiUPER$ P F R Fron4 _ / Rear "~~~ (OB(- FEN E ' ,'~• 11 OL ~i P. F R Circfa Rey ~ fi to RP ~tui • uGlfTS •S•. '• P F p Tom Signal - eeU eawaM Back Up Hazard Brake tlVarrting Nigh Beam indicakx ,r ' Stop F' { • Tail y Puk ~ I Side Marker RMlecror - ( Tag Dash F i AdjuSterB r/ ( ~d~T~ _ 1~ Neadllghta • iee no, ~d~y:. { OD6trudlari L1R X12 {t i) • f1.ECTRICAt. S`'STE•'~1 p ,F F R ~I Morn Swllcires / Wiring ,- Neu-al Serety 9wiltlreS - - U Benery J' ~ (f9)-luIIRF10R5 Interior r F;M F R far y (14) - GtA~NG P F R Rriver pear Wtndaw hlpcha~iam vlfindehield t]amage or Glazing 1ndiC~le MenOOw (15) -WIPERS P R Arms 1 Blsaes Pprk PpaiOpn Cotwol9 (~~ - ~10001CI1TCFIES • P F R, Indicate LowNar (t~ -DOOR HANDLE LATCI{ES ~ P F R InOkale Lecatlort (18J - FLOOR I TRUNK PANS P F R Ir1dICaU Location (19(• SPEEDOAIETERfaDO1NEi7'1~ 21) - DRJYERS SEAT ZZ) -SAFETY BELTS !31- MOTgq MOUEVTS W+ P R ~dicate iocation !1} -GEAR SHIFT INDICATOR P F A: ~ailian s) - uNly>=RS~L a cv ~anrrs P ~~ ~IOU1 ~~ (261- E6115afONS '~ T P CilelyNC Converter' F R FBI Feler _ Paollive Gav+kt:aatb i Qae Rsd2ula1b11 EvaporeMve icnMmions RJ=-0UIRED Fi;AGfNGS: BALL JOgV?S Oq K1NG~~P. i~J V LU LL RU E>~ oRLr#AS a CaSCS ~~ U3t~ // J ,' •~ LR R 1sADS QR LIIYtN f/ ~ •~ ,~ LF i GS ' RF LR qq~ HFJIDUGHT$ L~ ~ Flt ^"'" LZ ~ R2 - _,, WORKOFtDER NO. ~`7_ D ~ 7 _ ~•~ DAYS AND WITHlN 1000 M1L>=5. A PRORATED INSPECTION FETE MAY' BE CERTIFICATE OF SERVICE AND NOW, this 14`h day of August, 2012, I, Shannon Freeman, of A~o~u ~~' Kr'Tr_T~t~s, L LI', hereby certify that I did serve a true and correct copy of the foregoing Complaint depositing, or causing to be deposited, same in the United States Mail, First-class mail, pos prepaid addressed to the following: David H. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, Pennsylvania 17070 Attorney for the Defendants ~, f ~~~~ ~~ ~. non Freem 12 THE E t f t: &UTOM 2363 M Y 21¢ F� LILAKIS Jason P.Kutu®s,Esquire -t r' Attorney I.D.#: 80411 (��1J�rF 1J F 2 West High Street 1 J 1 L IA N I A Carlisle,PA 17013 (717)249-0900 PETE COSMOS, : IN THE COURT OF COMMON PLEA Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. - FILE NO.: 12-4660 STONE HOUSE AUTO SALES,LLC : CIVIL ACTION—LAW And DONALD FAILOR,Owner And JAY GROVE, Employee, Defendants PRAECIPE TO DISCONTINUE AND MARK SATIFIED TO THE PROTHONOTARY: Please mark this case settled, discontinued,and satisfied. Respectfully submitted, �BOM& TULAKIS, L.L.P. Date: J ( , 2013 aso P. Kutulakis,Esquire 2 W High Street Carlisle, PA 17013 (717) 249-0900 ID No. 80411 Attorney for P int' Date: 2013 David H. uire 414 Bridge Stre t New Cumberland, PA 17070 (717) 774-7435 ID No. 39785 Attorney for Defendants