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12-6946
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of If NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF AP 41M Y~l~l ' r`.NI.(4~ I ~' ` A/. ,~, 7 "' ~ NMAE OF D.~ OJ ! V ~ ~ r ~ AOURESS OF A ~ LJW T ~ I ' T (~ I ~ 1 ~~ I ~~~ y ~Jfl ^ -- `~ / oATE of w+ THE CASE of ~ ~ 1/ ~ c ~r~, 12a~~~ ~n ~~~ ~ C. Kpc _ ,~ aww ~3~ 2QI ~.. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10068. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. sipnn.. aPna-wnan anspuy NOTICE OF APPEAL FROM DISTRICT JUSTICE JUD/G~MEN/T COMMON PLEAS No. ~~ -C7Q~b ~l /I L .~v h ~ ,M ~(,r~a c~ R.C.P.D.J. No. before a Distr~ Justice, A COMPLAINT MUST BE FfLED within twenty (20) days alter hlir-g 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. f 001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE; To Prothonotary Q e Enter rule upon g ~ ~ ~~~ ~ ~ (~ , ~ ~ C appellee(s), to file a complaint in this appeal Name d appeBee(s) (Common Pleas No. I2 - h(~ l~d Cl t/l L )within twenty (20) days after service of rule or sl~r entry of judgment of non pros. RULE: To r.J~l "'J ~/' -~~ l~, ~~~[~ , appellees) Name orappepee(s) S-gnatue or appe0errr or atAwney a agent (1) You are notified that a rule rs 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) TheJdate(~of service of this rule if service was by mail is the date of the mailing. Date: II / ~ ~/ . 20 ~ ~ ~ ~ ~~ ~c ~ti~ ~~~ Slgnatwe cr Prdhanorary or UaPuty YOU MUST INCLUDE A COPY OF TH~JN[)TIZ~E O ~J~~~'ITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. .®~ ~~ t AOPC 312-02 ~. ?~'"~ ~'~r~`~ ~,Q'~~~t ~ C~~~` ~~ ~~~3~3 WHRE-COURT FILE TO BE FILED WRH PROTHONOTARY GREEN - CWRT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SER4-lCE OF NOTICE OF APPEAL ANfJ RULE TO FILE COMPLAi!NT (This proof of service MUST BE FfLEO tNfTH/N 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 on (date of service) , 20 ^ by persona! service ^ by (certified) {registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ^ by personal service ^ by (certified) (registered} mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom ah~idavit was made Titre o/o-ficiar Signature of affiant My commission expires on , 20 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Paula P. Correal Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-69 7-2201 John M. Glace, Esq. 1 E Main St Shiremanstown, PA 17011 Disposition Summary Docket No Plain iff Defendant MJ-09304-CV-0000333-2012 Benjamin C Keck Harry Laughman Judgment Summary Participant JoinUSeveral Liability Individual Liability Benjamin C Keck $0.00 $0.00 Harry Laughman $0.00 $3,289.00 Benjamin C Keck V. Harry Laughman Docket No: MJ-09304-CV-0000333-2012 Case Filed: 9/18!2012 Disposition Disposition Date Default Judgment for Plaintiff 11/13/2012 Amount $0.00 $3,289.00 Judgment Detail ("Post Judgment) In the matter of Benjamin C Keck vs. Harry Laughman on 11 /13/2012-the judgment was awarded as follows: Judament Component JoinUSeveral Liability Individual Liability Deposit Applied Amo ' Civil Judgment $0.00 $3,180.00 $3,180~0~ Costs $0.00 $6.00 $6 ,00 Filing Fees $0.00 $103.00 '$~y03.00 Grand Total: $3,28. 0 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NONCE OF APPEAL WITH THE PROTHONOTARYlCLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF 'HIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, I~~7~HE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MCIST;C`OME 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 r ~~ o~ ~•,,..,~;,, ~~f! ~ ~; / ~~ ~~ ¢~;~, ,,r Senior Magisterial District Judge Paula P. Correal ~ ""'°''' ~.,~ certi t at t is is a true an correct copy o t e recor o t e procee mgs containing t e 1u gment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 11/13/2012 11:19:03AM Benjamin C Keck Docket No.: MJ-09304-CV-0000333-2012 v. Harry Laughman Participant List Private(s) John M. Glace, Esq. 1 E Main St Shiremanstown, PA 17011 Plaintiff(s) Benjamin C Keck 2 Todd Rd Carlisle, PA 17013 Defendant(s) Harry Laughman 73 E. Main Street New Kingstown, PA 17072 MDJS 315 Page 2 of 2 Printed: 11/13/2012 11:19:03AM f r BENJAMIN L. KECK IN THE COURT of COMMON PI ~~ ~-=; ,~ _ _~ , Plaintiff . CUMBERLAND COUNTY, ~ ~ , © ; 7 ~_<< PENNSYLVANIA ~~ w _~ ~; Number: 2012-6946 ~ ~~.. 3 ~= -f ~~-, :~ ~~._ HARRY LAUGHMAN, CIVIL ACTION -LAW . - _,,, , ~ Defendant MDJ APPEAL ~ ~'~~ PROOFS of SERVICE Pursuant to Rule 1004E of the PaRCP MDJ and local Rule of Court attached hereto as Exhibit "A" are proofs of services of the Notice of Appeal and Rule to File Complaint upon above Plaintiff and the issuing Magisterial District Judge Respectfully submitted: ~\ Jo Glace, Esquire 1 t ain Street Shiremanstown, PA 17011 (717) 238-5515 Supreme Ct. ID: 23933 Counsel for Appellant/ Defendant Exhibit "A" J _ ~ • -_ • • ~ ~ t• t• ^ ~ ~ . ~ ~ ~ f • / e • • • • • ~ I • • • • • - • • • ~ ~ ~ ~ , (~ _ * A~ ff -.. ..-..~ ~_.., ...ri h.~ ... I ~_.....~..-..._.-. tx.... ~ ,_._~___.._ _ i - -_ Ali, F- Iii- ~p ~_~_._. __--r a~~u_~ rf-i.~_ ~ Po,taae I :; ? ~ ter, i t e ~ -_______._ ~ ~ ~ ~. _--- ~ `;:rtitied Fee ~ ~ ~ ^erE~iieo Fae ~ ~ ~, y j a ~___._ - ' e.-: ~ ~.. ] Retum Receipt Fee ~ Hsee~ ~, r. , 0 Retum Raceipt Fee z• r ~ . ° ( . . ;Endorsemenk Requirad9 ( ~ er,7 (Endorsement RequirAd} ] Restdcted Delivery Fee } ~ ~ Y ~ i ~ . jy _{ ~" 4 d O Restricted Delivery Fea . ! , l t1'. iEndorsement Require~4} ! rEndossement Requir d} _ ~ _-__ __ _ i __._ _ - - _ ? ~ ~ 5 k i I". _ ?iii ; Tats! Postage ?~ r-e;as `I3 - ~ Tota4 Postage & f es t.._-_e ~__..__ _ _ _ _ _ _ _p ~ e~~Ui ~ ~!_~ .. l k'._=f-~ ..u -ve_`- ~~~ N .~ 4 ~ SanfTo ~-~~~ - -~ ~.'__l,-.. `~-.t - - ~-~ r ~' ~ SRreet . No., ~,r ~ rl Sireef, Apt. Mo., 44 7 or PO Bar Na. S~ [ ~ ~~ ~~ "' ~_~ / C ~~V ~ O er PO Box No. ~ ~ ~.~ 1-_.. ' `. ~---------- -- -..,.._ ~------ SZ ,~ _ ~ ~ ~i_ --- --------------- --- ---_- C._ ~._..-- -_-r_.e_.._..-..t._. •. ._ _) • ~ : Cili Stale, ZIP+4 -~j ~ ~~ /„ ~ An i {'~ /n , / i~ it / ~ Crty, State, ZlP+4 - ~ ~ ~ 1 ~ I) j - --- ~ Compisbe itients 1, 2. and 3. >A~ oornpleme A item 4 M Restrkried t]eNrary b desired. ~ ~ F0"Apent ~ Print your Hants and addnes on the roMeree X . so that we rart rotten the txrid to you. B. l C. Dabs of DeNvary ~ ~ ~"~-__. . e atrach this card ~ the beat d the mMpleoe, ~ C'c~ /-/?- /~ or on the front t< epaoe penrrns. . n~ndenaatesaea to: a ~derv~yaddrees t.? O wa KYES, e~era~~„ ~.~ P,~t ~ ~ ~ C. ~~~ ~ ~ E J~`_ ~ d-, ~ ~ ~ - C:a~ l ~~ r~ ~ p ~ pro ~ ~ ° ~ o o~,~ / o ~ ~ o cao. 4. Reshk~sd DaRue~yt? (Odra Fee) p Yee __ --- _ __ - -- - !. MtioN PYarlbsr __----- -_ _ rnansl6rfiamssndosbbeq . _..- 7 011 2 97 ~ ~ 0 0 2 0 5 7 8 7 8 5 9 'S Farm 3811. Febrttmy 2004 Domestlo Ream Reosipt ~osare•aaarF,tt~o __ e Cornplsbs Ibetrre i.2. ands. Also~~co~rbe item 4 tf Rees<rlobed QeNbery Ie e Print ycrr name and addroee on the teMerge X so that we can return itre card to you.' I by (panted wane) C. D~jret~t e Attaar !fire card to tare book of the ,` w, •(~ J or on the fhorrt If speoe permits. . Artkae A~ddreseed bo: D. Is daNrsrfy adiisro d'IterentUDm Item 1? ~ 1Nes N YES, enter deevery atitfrees tteiow: ~ Plo ~~PNt~-a~l~ .~ d, ~c ~ Cvi~ ;z-1r-~~~~~ll~ lcr~~l S~~ ~ ~~ li D ~. / ~~ 5 ~ o Inateed MeY o ~. 4. Reehbbed Delvery'1(8tba Fee) ~ libs - - __ :. Ardole Nttntber _. _ _- _ _ __ _ _ ~„~,„~„ 7011 2970 X002 0578 7866 a, !c r-~,.~., :~R1 ~ r-wFw,tsw 9rx1d rktn,esflc ReRurn Recetot 10?SSe•aak4-islo ~~.U-~3F ~' iEt~~ ,;,,~~ THE. ~EtOTHC~PdDT~~i~~~, 2~l2 NOV 30 AM 9~ 2~ CU pgNNSYI~VAN A ~~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (i0) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF P 'NHS LVAN COUNTY OF ,Q : ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas (date of service) 2l? Z ,upon the District Justice designated therein on ^ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ^ by personal service by (certified) (registered) mail. sender's receipt attached hereto. (SWORN) (AF }RMED) AND S BSCRIBED BEFORE ME S DAY OF . 20I rgn ure of official before w om ffidavd w s ma e ~I~ ~ ~~~~f ~ ~-J Titt~ of official (I ~~ My commission expires on ~~~~ ~ iG ~ , Z0~ _, `, , ;; . ~~ P' n!SYLVANL4 + ~' 3enn~~ ~-y 9tablk ".F~l1~ ~.,'iM't00061fKy ~ t)ef:. 9, 2013 Signature of avant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM ~~ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF ~RI~EAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. nwNC yr w- ~ ~.: Ewa. wa ~ . rev. .a~ wuNt ur u.r. ADDRESS OF APPELLANT C177F ; ST~E _ ZIP CODE. ~~,~~ ~,. DATE OF J ME t IN THE CASE Of (t~Ninb7r) ~ - (De1'andeff~ ~i~ 4 ~~ ~~-" ~.,. - vs ~ ~~ ~t - ~~ .. .ti. ~~--.~~ ~ d This bock wilt be signed ONLY when this notation is regt»ted under Pa. if aanf a nt (see Pa. R.C.P.D.J. Nay f001(6) to action'-' R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a Drst Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. (20) days. after filing the NOTICE of APPEAL. d Rdfarwbry a DM~Y PRAECIPE TO ENTER RULE TO NILE COMPLAINT AND Rt1iE TO FILE (This section of form to be used ONLY when appellant was D€FENDANT (see Pa.R.C.P.D.J. No. fOUf(T} in Aaron befona District Justice. !F NOT USED, detach from copy of Hosea of appeal to be served tipan appeNee. PRAECIPE: To Prothonotary Enter rule upon ~ ~f ~ ~r <: ~, ~ '•- '~~, appetlee(s). to flea crorrtpEa~ in this appeal Name d appeNes(s) 9 (Common Pleas No, j ,~' ~,,~~ ;; ~ )within twenty (20) days after service of rule of su4f~ entry of judgment of non, pros: ~ 1' `^~~,' Signefure~oleppetlat+EOruttarnay a agent RULE: To f~C'~!1!• "~ y8 f'~'~ ~~. .. . appeflee(s) Nerve of appellees) (1) You are notified that a rule is hereby entered upon you to ftle a complaint in this appeal within twenty (20) days aft~i~ the date of service of this nee 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 F~NTERED AGRtNST -SOU. (3) The date of service of this rule if service was by-mail is the date of flee maii~g. Date: j t ~ ,i L~ , 20 ~ ~. ~.~ ~ r ; ~: ~ .. °..,__ ... - sgrraru,s oI Prornaviotery or ~a~' 4. ,~vf. ,..~,~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDti~iIENTlTRAI+ISCRIPT FORM WITH THIS NOTICE OF APPEAL. A~PC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURTfILE YELLQW -APPELLANTS COPY PINK -COPY TO BE SERVED'ON APPELLEE GOLD - COpY TO QE SERVED ON DISTRICT JUSTICE BENJAMIN L.KECK and IN THE COURT of COMMON PLEAS MACKENZIE S.KECK, CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA V. No. 2012-6946 CIVIL NEW KINGSTOWN AUTO CIVIL LAW-LAW = _ SALES,Inc., MANDATORY ARBITRATION , -,co --' Zr Defendant = m Notice to Plead CD -a > To: Benjamin L. Keck and Mackenzie S. Keck,by and through their attorney,Robert CP Saidis, Esquire: AND NOW this day of April, 2013,you are hereby notified that an action of law has been brought against your interest and that you have twenty(20) days to plead responsively from the date of service hereof or a Judgment may be entered against you or factual pleadings may be deemed admitted. The Law Office of John M. Glace CaL — John M e, Esquire 1 East Street Shire t wn, PA 17011 Telep o e: 717-238-5515 Telef 717-238-6929 Supreme Ct. ID: 23933 Counsel for Defendant r IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN L. KECK and MACKENZIE S. KECK, Plaintiffs No: 12-6946 V. NEW KINGSTOWN AUTO CIVIL ACTION-LAW SALES,Inc., MDJ APPEAL Defendant MANDATORY ARBITRATION ANSWER wit UNTERCLAIM AND NOW this V--� Y day o arc ,2013 comes above Defendant NEW KINGSTOWN AUTO ALES, Inc.,by and through its attorney John M. Glace, Esquire, and answers the Complaint filed to the above captioned matter and respectfully counterclaims, as follows: 1. Admitted upon knowledge and belief. 2. Admitted. 3. Admitted in part Denied in part. However Plaintiff failed to attach a true and correct copy of the January 31,2012 Rent-to-Own contract to the Complaint served upon Defendant and it is hereby attached as four (4) pages as Defendant's Exhibit"A"in the aggregate and made part hereof. Defendant.Accordingly because Defendant has not seen Plaintiffs' exhibit,it does not admit that Plaintiff s Exhibit"A" is true and correct. 4. Admitted. It is admitted that Harry Laughman was authorized to act for Defendant Corporation at all times relevant to this Complaint. 5. Denied. The amount submitted at execution of the Rent-to-Own Contract was an Origination Fee only as stated in Paragraphs 5A and 5B of that contract. No sale was consummated at execution of Rent-to-Own Contract because Plaintiff could elect not to purchase the leased vehicle at the conclusion of the term of the Contract or,alternatively, after accelerated tender of the consideration. 6. Denied. Plaintiff s account was delinquent on February 28,2012, the date of the disabling motor vehicle accident. In addition Plaintiff had also committed add ional defaults. 7.-8. Admitted on knowledge and belief. 9. Admitted.By way of further answer,the vehicle was towed to Defendant's repair facility as inoperable. 10. Admitted. 11, Denied.There is no attached Exhibit`B" to Plaintiffs' Complaint and Defendant is not able to meaningfully and intelligently responsively plead. Defendant admits that a repair estimate was generated by Erie Insurance but misstates the date of the accident. By way of further answer, some Erie documents incorrectly identified Plaintiffs as the owners of the vehicle instead of correctly identifying Plaintiff as a defaulted lessee. 12. Admitted upon knowledge and belief. 13.-14. Denied. Strict proof is demanded at time of trial. 15. Admitted in part. Defendant admits that Plaintiff requested that all repairs to be completed by Defendant's repair facility. 16. Denied. Strict proof is demanded at time of trial. 17. Denied as stated. Defendant submitted an estimate for repair to Plaintiffs insurer. This submittal was as a repair agency and not as insured first party owner. Defendant's receipt of the damage repair check was as the owner of the insured vehicle. and in accordance to the January 31,2012 Lease Contract 18. Denied. The vehicle was fully repaired;however Plaintiffs refused to pay their delinquent lease account and abandoned the vehicle. 19.-20. Admitted in part,Denied in part. Plaintiffs demanded to rescind the Rent-to- Own Lease Contract ab initio. It is admitted that thereafter Defendant refused to rescind the contract and return any prior payment. Further Defendant stressed that Plaintiffs were delinquent in their performance and, as such,the Lease Contract was subject to default including,bit not limited to,repossession of the vehicle. 21. Denied. Defendant has no recollection of this representation and therefore denies such and demands strict proof at trial. By way of further answer,Defendant's inventory of vehicles available for sale or rent varies greatly and limitation a selection of another vehicle was entirely the choice and act of Plaintiffs. 22. Admitted.As per Paragraph 4 of the Terms of Agreement,Defendant as Lessor, named insured, and titled owner is entitled to the compensation to repair that specific vehicle. 23. Denied. Plaintiffs were in default and sought unilaterally to amend the terms of the Rent-to-Own Lease Contract. 24. Admitted. WHEREFORE Defendant demands that Plaintiff s above captioned action be dismissed with prejudice. COUNT - II 25. Defendant incorporates by reference its responsive pleadings to Paragraphs 1 through 25 as if set forth in full. 26. Denied. Any insurance check for any repair facility would be in Defendant's name or alternatively,pursuant to Paragraph 4 of the Terms of agreement,Defendant was authorized to endorse any compensation check issued by the required insurer. 27. Denied. Defendant submitted to Plaintiffs'insurer and that insurer accepted the representation that the Defendant's repair facility would fully repair the vehicle in question for a set price to be paid to Defendant as owner of the vehicle.Plaintiffs have no privity to this transaction. 28.-29 Denied as speculative and defamatory. Defendant demands strict proof at time of trial. 30. Denied. Defendant accepted the amount of its estimate to fully repair the vehicle and so repaired it. Plaintiffs' acts and omissions were solely responsible for their. failure to continue their Rent-to-Own Lease Contract. 31. Denied. Defendant denies any fraudulent act whatsoever and can not further respond to any intent of the Plaintiffs and this averment is thereby denied and strict proof demanded. 32. Denied. Defendant denies any misrepresentation and cannot responsively meaningfully to any unitemized damage claim and demands strict proof at timer of trial. 33. Denied. Defendant denies any fraudulent misrepresentation of any of its agents, employees or servants and demands strict proof at time of trial. 34. Admitted. WHEREFORE Defendant above named demands dismissal of the above captioned action with prejudice. COUNTERCLAIM NEW KINGSTOWN AUTO SALES, Inc V. BENJAMIN L. KECK and MACKENZIE S. KECK 35. Defendant/ Counterclaimant incorporates by reference its responsive pleadings to Paragraphs 1 through 35 of the Complaint as if set forth in full. 36. Plaintiff Mackenzie S. Keck was a co-lessee of the vehicle above described and operated the leased vehicle since the January 31,2012 execution of the Rent-to-Own Lease Contract. 37. Mackenzie S. Keck was not during the term of the Lease Contract a licensed operator and her continuing operation of the vehicle caused it to be seized and impounded as follows: a. On or about February 15,2012, the vehicle was seized and impounded by New York City police. The impounded fees and costs were paid by Plaintiffs and vehicle was recovered;and b. The Harrisburg Police seized and impounded the vehicle based inter alia on Plaintiff Mackenzie Keck's unlicensed operation of the vehicle and Defendant incurred$280.00 in fees and costs from Don's towing to recover the vehicle.. 38. Defendant has been charged$210.00 as owner and licensee of the vehicle for unpaid parking violations incurred in New York City.The Notice of Judgment are attached hereto as Defendant's Exhibit"B" and made part hereof. 39. In contravention of Paragraph 4 of the Terms of Agreement,Plaintiffs have failed to recompense Defendant the$500.00 deductible from the insurance claim. 40. Plaintiffs failed to inform Defendant and maintain the vehicle in good working order as required by Paragraph 7 of the Terms of Agreement when prior to the motor vehicle accident giving rise to the aforesaid insurance claim,Plaintiff Mackenzie Keck was in a reported accident after the vehicle had been vandalized by her associate.Notwithstanding damages caused by these instances ,Plaintiff Mackenzie Keck continued to operate the vehicle. 41. Plaintiffs only made one lease payment of$135.00 on February 24,2012 as per Defendant's accounting attached hereto as Exhibit"C" and made part hereof and the vehicle was finally defaulted on May 21,2012 with a delinquency of$945.76 including unpaid sales tax as per Defendant's accounting attached hereto as Exhibit"D" and made part hereof. 42. Defendant, after Plaintiffs' failure to settle the account or make an arrangement, took the vehicle,now in full default, to wholesale auction where it was sold at a deficiency to the $8,500.00 original rent to own purchase price. WHEREFORE Defendant/Counterclaimant demands Judgment from Plaintiffs in an amount$1,925.76 plus interest and costs. Respectfully submitted, The Law Office of John M. Glace John M.04 , Esquire Suprem Ct ID: 23933 1 East Street Shirem nstown,PA 17011 717-238-5515 Exhibit "A" , Ski i.cA►5�eta '1t=�1 i - Jame of Owner&Address:New Kingstown Auto Sales Inc.73 East;Makin St.,P.O.Box 413,New Kingstown Pa 17072 .asses Last Name:1, Fir: Mi `- ?I1j ? M. kddress: D _ City: —„ �1�.��D Pa.Zip. Z Z�1 come# Ceti# Wk# Ext. Other 7r.Lic. .O.e' _ .-to-Lessee Last Name: `i First: 4ddress: f-AA . City: 1 CA, Pa.Zip /,704- Nome#c2�'�7629` Cell# Wk# Ext. Other Dr. Lic.# St._�D.O.B. Ins.Goo. Policy# 7h# f ' TH IS A MOUTH TO MONTH S GRE EMENT NOT A PURCHASE AGREEMENT Your the undersigned Lessee.are leasing the Property listed below from the above independent dealer(Owner).As used in this Agreement, "you'and`your"mean the person(s)(whether one or more)signing this agreement as Lessee. The terms'we°,"us",and"our"mean the Owner.The term"Agreement"means this Customer Lease Agreement and"Property"mean the lease Property described above. LEASE DISCLOSURES *' 1. 6ESCPJPMON OF LEASE PROPERTY YR MAKE -MODEL, Vt 2 COLOF.J C�jSED, LIC PLATE# ems. VIN# //--3- DeS GE 2.CASH PRICE: # n T S E U ED AY EN S: :enz) _ (2)(This is the price at which we would s e Lease Property listed above to a Buyer on the date of this agreement.)(3) (IM total'Of. scheduled Payments means the total dollar amount of lease payments you will have to make.This total does&dj include ADDITIONA CHARGES which might be made during the Agreement listed below,or any TITLE TRANSFER ANQ LICENSING FEES required ownership of the Property.See the remainder of this Agreement for an explanation of these charges. 3.(A)PMT oCaMWEEKLY YOU WILL MAKE; PAYMENTS OF ZD3%LEASE TAX+696 SALES&USE TAX AMOUNT OF YOUR TOTAL PAYMENT WILL BE $ AS WILL BEGIN ON THE OF ,,2,`. .20 AND ARE DUE ON THE SAME DAY OF EACH BI-WEEKLY DATE THERE AFTER. 4.AQKNOW E. DGEMENT BY LESSEE:Lessee acknowledges receipt of the Property in good operating condition.All equipment is functional-except whet Is stated below. All parts of the Property and all assemblies In place except as stated;on the attached"Vehicle Inspection Sheet" 5. ADDrr10 Al pkA4gE3t A. ORIGINATIQNwFEE:An initial nonrefundable fee(plus 6%sales tax)of$f � to cover costs of the Agreement not deducted from cash price B.AMOUNT DUE AT-ySIGNING:_ �Cifl•�TOTAL COST QF THIS AGREE MENT$ include the amount due at signing"initial paymenC,all payments and all other-charges necessary to acquire ownership of property.This Is an estimate and does not Include other charges such as late payments.default,reinstatement-fees and-end of gerx 4WtIon-exerctse prim,taxes,and flees_-See-entire.Agreement#or-. an explanation of Al these charges. C.ATE PAYMENT CHARGES.,A($25.00)charge for any payments not paid within three business days of the date upon which the payment is due D.REINSTATEMENT FEE:A($250.00)fee for a.,Lessee who has farted to make timely lease payments provided that the requirements for. reinstatement listed below are met. This fee.does not include the outstanding balance of any missed payments and delinquency changes o:►the missed payment E.EXCESSIVE WEAR&USE: You will be charged for excessive wear ( a" based on ou andard for.normal use ,see bacic), 6.TAXES-AND OFFICAL FEES:Lessee will be responsible for sales tak��tiNe fep G registats0.1 fee,=5 --f44!You'sift have to pay the license fee annually when due. 7.OWNERSHIP AND LIABULrrY FOR DAMAGE OR LOSS:We own and retain title to the Property.In the event the Proper is st ;sa.ic*4. or destroyed during the tarn of this Agreement including renewals and extensions,the Lessee.is fully responsibie to the Owner for the fair market value of the Property at the time of any such loss or damage.Lessee Is responsibleto the Ownerfor any loss or damage tat;.e Prope,.y regardless of whether the Property Is operated by someone other than the Lessee without the Lessee's knowledge br permission. 8.,RECOVERY:You the Lessee understand that if your payment Is not in our vffic a or the vehicle is not back in our lot with the keys included, on the due date or within three days,we will report the car stolen or misappropriated ,}i may s� i nsequene .You are not authorized to retain possession of or use the Property If payment Is not made.Initial li<---Initial 9 INSPEC'(IO I: We reserve the right to inspect the vehicle at any reasonable time place and you agree to prqvide us w able access to the vehicle for this purpose.By denying access will be a breach of this contract. initial Initial +� iG TO LESSEE-READ BEF=ORE SIGNING I. Do on�t sign this agreement beftore you read the entire agreement including any writing on the reverse side or on additional pages,even if otherwise advised. 2. Do not stun this if it has any blares spaces.Keep it to protect your legal rights.. � 3. You are entitled to an exact copy of any agreement you sign. 4. Anytime after you have made your first regular biweekly payment you have the right to exercise an Ead Biw6ut Option as provided in this-agreement. if you choose the early buy-out,this option may result In a reduction of your total cost to acquire ownership. If you buy-out early,,you will pay:(Total of scheduled aayments)minus{Amount you have said already) multiplied by q° (equals)=Early Buy Out Option price. S. After you the Lessee have mad alt to oavments, as required,you have the option to purchase the above vehicle.The option exercise price is S , �. -.stimated vehicle cash value(not including taxes and official fees.) 6. By making payments 81-Weekly rather than monthly payments and exercise you purchase option,you may pay more for the lease property. Lessee: a�J'+' b ��.L _ Date t1 %Owner. w Kings ut Sales Inc Lessee; Zoof Date.��--1--Owner oat A— � - 2130 ^ :. TERMS CIF AGREEMENT , .Y iREINSTATEME T'RIGHTS tf:`-u fail tom ke a-renewal1ease payrnent,you may'have the 1rt to ielnstats this agitieemerit by paying ail tease`payments:,pest due;`ali:iate charges,:and a.reinstatement;fee;pmvided:{1).You voluntarily returned ilia Property to us.If requested,and(2)not more that 15days have.passed sirnc e-you_retuni6d'the;property. , :. YOUR TERMINATION RIGHTS:'You-may:terminate this Agreement at* time by retumfng the Pinnperty to the.Owner and paying ail charges due through lire tlate'esf return: Th.,e Property must be returned M its present:condition,fair t+vear=and tear expecfed There wilt be noacharge forexcessive mileage.In addition,you may be liable for the repair of any damaged!o a'-Pic perty:whicti:was` not present when you took possession of it,unless you elect to purchase the property at the time.Any sale of the Property to you Is as is/where is and the ownershall have no obligation to repair or remedy any claimed defect or deficiency.Also.see Paragraph.12 STANDARDS FOR WEAR AND USE below for possit?te additfonai Money.due, ... .. .... . .. . - :.:.OUR TERIVIINA'CtON'=RiGH TS:1IVte inay terrrlinate rtiis Agreement if yon.default iri making this leaps payment by th"due"A M set frirtti'aboveor if o f breacit,ar} `other rrtatertalj5erm,o(this eqt.({')gr�mination occurs;we shall lie entttied to ell'lease' a 1_"a':nd littler c a es due u to the date of tetminatian ads well as the reasonable enpes of�?ecove of the P p yn?_. ...: r9;: p - P rJ/ ctY3Co : fat!_to teturn,the.property.immediately:'.inthe:eirent that.thls;Agnesment is fiefimiriated.Lessee i§obligated to`etttm#tie Property.iir its present di#lan,air wear and tear excepted.,.Also see Paragraph 12.STANDARDS' FOR WEAR AND.t1SE tieloiei'for possible . addigonal money'due. t. REQUIRED INSURANCE:You agree to provide at least the following'icoverage('Required Insurance")on the Property-at all times during this lease:(A)LIABILITY in an amount of at least(1)$30,000 per person,$60,000 per occurrence..bodily injury or death of others;and$10,000 er occurrence,property damage to others,O 2 the minimum amount set forth In the a_plicabte state;::,:::�;���� fin at responsibil y law;and B COLUS1014 and CONPREHENSlVE ncludin fire.and theft covers a wrthra,deductiblet no��to* fiy { } 9 g }z ::,exceed$500.You agree to provide the Insurance at yourtown expense with a d ty Iicerised insurer ofjtouricha ce:i 116 is reasonet ly acceptable to us.;Thtis insurance may be provided through existing 'IM acceptable tha(.you own or,ciiifrot.:You ciao agnae to name us or.our y r �Y p ys x , assignee as loss payee and additional insured The insurance_ 1 " must. rovlde for at least 10 da advanced notice to us of any f aarncellattan:or ottner materYal change In coverage;�►t our'request,you wiq promp8y provide us with written proof of insurance.You - wiq yroinptly contact trs in writing.f any:ofthe insurance pravlder's information changes.Yau authaNze us to endorse your name orn any check We recehre for insurance proceeds. NOTICE:Liability Insurance coverage for bodily injury.property damage and motor vehicle damage caused to others Is not Included in this Lease. S. lNOEMN#TY:To the fullest extent permitted by law and unless otherwise prohibited by law,you agree fD indemnity and hold us harmless and our successors and assigns from,all liatillity,claims;losses,demands,damages=of all kinds,expenses,•(including reasonable legal fees and expenses,unless prohibited),fines,and penalties we suffer or Inch resulHrig from the Rgissesslon, operation,condition,maintenance cruse of the Property duririg.the Lease Tenn.You agree to pay and hold us harmless for all official fees and taxes relating to the titling,registration,testing or Inspection of the Vehicle free of all fines.and liens,encumbrances. . .C�CA" C3N.:OF-.'P'RO ERTY� Lessee a tees that ou will str>Xer E.. g y garage the Property at your address stated op the:fivnt.sIde of this:16ase or at:sitio 4*tir:address to which-you.and:we agree upon:ln iwridt�.Such location;shaq not;be changed>wt#hout providing _,�.�t.least 30 iiays ozfor written nottis3,af3he 66a"0q tn;_ar M*.and jNe 4cknomrLedge Isl tntri ir?9,_`afa rillpm ci tfa`is age rneixt n the owner the right to immediate possession of the property If this section 6 Is not followed. -7;,'' ..MAINTENANCE:r the Lessee agrees to.maintain the Property In good working order.Any and all•malnt'anarice or.repairs to the : Property must-be performed by-Lessee at lessee`s sole expense.The Owner will not be responsible for any'cost. of repairs '' .•;:::; r T _<<< < . performed by Lessee or at its request evetn.though Owner .retains title to Property. ' 8. -. LESSEE'S RIGHTS:The lessee''has the tight to pdss6w1he.Property only when the Lessee1sttot Its default of his or her.':''>'}= ;`` obligations under this Agreement.-The Lessee has no right to sett:mortgage,pledge,encumber,lransfii.ci dlspose,of the Property whether by gift or otherwise,Including a transfer by operation of law., 9..' OWNER'S,PIGHT TO TAKE POSSESSION:The Owner and its agents,upon termination or the Agreement are authort�ed:fo recover the Property.Owner and its agents are released and discharged from any claims or causes of action arising due to the recovety of the Pro perty,and lessee agrees further to Indemnity Owner and its agents and hold them harmless and free from all costs.expenses,and damages.including reasonable attomey's fees.arising directly or.Indirectly from or in any way related to the- ............. p .it(:." .vti:t:�::".•Y.'.!.t::::i:i:ir}r�':::ti�.:�-: ..... t ..� -. ..^..,F r.._ ... .:s.. r..,.. ..:.. ..?:.:_...,., r.-... -.: ..,..._. .:_.. a,.•;z. t<{: '.},C�it ,.b.w.di'r,'.u'"+' V �j:=• .th•%y:- 4�"c` M 1 .. ..,.f.4a •. e .. .. .,.. ...1......t3.,,=..... s.,...,,.,,....:.-.:iv° - �iK`r`.�;i%F Yr '3!, .:.. ....... ....._:_. .. .».._... .. .......r:....» .. „....,.., :._ _4>;.c$.. �,.F.: �.:�i:g, a:*7j:i., 5t rs. :i}• ..... ... ..:........: x ...... .... :........ ....- ......._...u.... .. ... b .:..r.,.,.:,...;.>. .4Kia« .!r.5t7ix' �y ... ...... .. �. ..... ..... ............ ... .. ,. .e ,a ...:m.ti•:: ..: .:3'<' .4K?.t�i,+t'�£v >,q',J;'.yw. ,;t� '�-},.., M ..,:,.....« -., .:... ..+.,..z..... .. .>..i.. ....:5.. .... ...... ............:.....:..r..,.....: k_... -.5. `"'=ii" .fr.'! {.1:. ,.k%•• '$: �`1r:4{;, �* -F.,Y�..tA+:"i; f v... .. __ - ..., <. ,. .. n... ,h.N`.< V r,,-., ,.,t �a�+ ..fa v.`E'`L`�Y:°' q,St-3 •fig"••, -:. .,.................. .... ...«...,.. ,_._. .. .. .....,.... ..".f... . K. dry ',A 5',.,+......,-7. ............ ... .... ... ..... ...:.... ..:.......,. ...,..,..... ..r".:..t.. :�.':'".," .,.9. :�`.,;^: ...... . . . .. .. .._,... .....>. .._... ... ....... :._ . .:............,....:.,.,F, ,:,.;c::; _ ,.war . t� %- �. :. ... .. ... ..t._.,...... r... ..... ...a. .. ...., .-,. ...... ... {�Yi_Ke T:yi..... .�da. n +:.::..L' r x'fP.4 >�A$ �'"�•`� ay: ,,..r.:..._........._..,._.. .. ... t.... :.:..._—.:............. ,.,:.....................,:....�.. ::r..,a"��'i•_. _ ,.`. ,.{r'.• .., .< .. .,_,., ....... ..... ....... .. ... .. .. _.. .... ... _ 51:'x" a� . .. ......... ... ....... }:.._ . .. .:..,...........:...,..... ,... _ Nis :�= �^��..:.; x�' .,x�t'w•�^'` .:mac' ,N• � -'�ip.� -�y... ,t. --zz'a: F�„a. "r'a*`"..�a' ..W,.,,... :x",°gym=='•° .,M r. r•4�:'.K lit IM ...., .. .. ....... ._.... ..... _............. .. ...." ,._.. .«46- :qsv a- E:.;a;s�':;<.•x S�ti.�s`*.,`<�X�,',,3 ,��•�(� �V[ r J_-:: �.rrzY``AZ...�r,J ,XS•r?�. ... ....a............:�.,.<._�..-:.,...,-�:-::c>.<..r ..�-..:.,...<. > .'�e'.:li���K,:,h;e` ":�'r•'n� r'�.5::,;.�:F�'�s%���`.?..�.� ;:�',�f, yy•.�yk...,a�;`�' ....._,.. .._::.::3:..:..r.,. .,.R:xxn - .,..> ^{.:t:t•""'='.t3v� mG�„d �n '- ,=,y:-:.:_� � �rw'� � '�;`•'<y;:;�i _ � � _ - _. .a„�<£'::`.•�';;=}_'{i.``:=F' ��.C�'1::JdJa.$v�eAt..4^'�t,.":.'i�`i:."�'"ebci:`'•°.:.Y?.a.r._... ..... -"F':.i�';.i iii 10.ASSIGNMENT: A.this lease may be sold,translbrred,and assigned by us without restriction,in which case our assignee wilt ha, the same tights and responsibilities as we due under this lease.B.YOU DO NQ'T H VE ANY HT TO ASSIGN.SUBLEASE OF • U E IS LEASE OR IN s THE VEHICLE WHETHER VOLUNTARY OR INVOLUNTARY,IS STRICTLY PROSHIB _D Wfi HOUT OUR PRIOR WRITTEN CQNSENT. ; 11. EVERCISE SE OPTIONS:Your purchase of the Vehicle either daring or at the end of the Lease Term will be on "AS IS,WHERE IS'basis. in addition to paying us the purchase option price,you will be responsible for payment of any offldal fee and taxes relating to the purchased,and you agree to sign and deliver any purchase documents that we reasonable require. 12.STANDARDS FOR WEAR AND USE: When you return the Property to us,it must be In good working order and conditions ai not subject to"excessive gear and damage. "Excessive wear and damage'Includes among other things but not limited to:(1)gla. Dud Is damaged or broken or that has been fitted;(2)damaged body,fenders,metal work,light*;trim or paint;(3)missing equipm+ that was In the Property when delivered and has not been replaced with equipment of-equal-quality and design;(4)misshrg Wheel covers,jack or wheel wrench;(5)missing or unsafe wheels or tires(induding spare};(6)any tire with less than 1/8 Inch of tread remaining at the shallowest point;(7)turn,damaged stained dash,floor covers,seat,headrests,upholstery,Interior work or trunk liners;(a)damage or other condition that makes the Property unsafe or unlawful to operate;•(9)any mechanical damage or other condition that causes the Property to operate In a noisy,rough or Improper manner,and(10)any other damage not covered by -insurance. You agree to pay the cost of aft repairs needed because of excessive wear and damage and to put the Property In goo r working order and condition. 13.OR01%V MR DISCLOSURE: When you return the Vehicle to us upon the termination or expiration of this Lease,you will be required to disclose the Vehicle's mileage In accordance with applicable federal and stabs laws. You authorize us to sign your nan on the odometer disclosure statement H you have not executed one for us as requested. 14.SRN OF THE PROPER AT!HE-END OF THE LEASE TERM: Unless you buy the Property,you will return the property to us at the address stated for the Owner/Lessor on the tront side of this Lease or to such other reasonable place we tell you. Exhibit " B " New York City t pane I Department of Finance Finance Parking Violations Church Street Station, P.O. Box 3600, New York, N.Y. 10008 NOTICE.OF IMPENDING DEFAULT JUDGMENT 27 #BWNCXPZ**********MIXED AADC 220 #1 PA PAS HYD6883//1# ID - MAY 9, 2012 NEW KINGSTOWN AUTO SALES INC 73 E MAIN ST NEW KINGSTOWN PA 17072 AMOUNT DUE:� $90.00 I DUE BY: 06/08/12 You have failed to respond to the previous notice for the parking/red light/bus lane violations issued to a vehicle registered in your name, If you do riot respond,we will file a civil default judgment against you in the Civil Court of the City of New York which then authorizes us to: Make your debt a matter of PUBLIC RECORD to.be used by credit and title companies at THEIR discretion. Tow any vehicles registered in your name resulting In extra fees and expenses. • Garnish your non-exempt wages and/or seize other non-exempt assets located In NYC, including real estate and bank accounts. • Suspend or prevent renewal of your NY State•motor vehicle registration. TO AVOID ADDITIONAL PENALTIES AND JUDGMENT ENTRY YOU MUST RESPOND BY THE DUE DATE.YOU MUST PAY IN FULL(See Below)or DISPUTE THE VIOLATION(S) (See pages 3 and 4). Please note that payments or claims made within the last:14 days may not be reflected in this notice. To verify the current amount due,you can go to our website: nyc.gov/finance'or call 311. (Outside of NYC,call 212-NEW-YORK (212-639-9675).For the Hearing Impaired TTY,call 212-504-4115). NOTICE N0. PLATE NO. STATE TYPE L020607010 HY06883 PA PAS VIOLATION DOCKET NO. VIO DATE LOCATION TIME FINE PEN PAID DUE VIOLATION AND (C 1286288502 0000000000 02/05/12 160-170 MADSION ST 07:47AM 60 30 00 90 NO PRKG-LIMITS { PAYMENT OPTIONS:You may pay:online, by phone, by mail or In person. To pay by mail, please follow the instructions below. For information on the other payment options,please see the reverse side of this page. NOTICE:By making payment you are admitting liability to the charge and penalty shown. -.-_-_.--- ------- ------------- -_.- ,—_-.-:,---------- �_ -..----------- PAYMENT COUPON' • Make your check or money order payable to the NYC Department of Finance. Do not mail cash. • Payment must be made in U.S. Dollars. • Write on the front of your check or money order: Notice Number Plate Number,State • insert this t ar-offcoupon in the eenclosed envelope L o 2 0 6 0 7 0 1 0 0 0 0 0 0 9 0 0 0 2 17 2 and make sure the City's address can be seen through the envelope window. NOTICE NO. PLATE STATE TYPE 1_020607010 HYD6883 . PA PAS NYC DEPARTMENT OF FINANCE VIOLATION DOCKET NO. AMOUNT DUE :PARKING VIOLATIONS 1286288502 0000000000 90.00 CHURCH STREET STATION PO BOX 3600 NEW YORK NY 10008-3600 1D Re 2020 NOTICE OF JUDGMENT NFORCEMENT NEW YORK CITY DEPARTMENT OF FINANCE Finance PARKING VIOLATIONS/COLLECTIONS DIVISION CHURCH STREET STATION, P.O. BOX 3600, NEW YORK, N.Y. 10008 13 #BWNCXPZ **********MIXED AADC 220 JUNE 13, 2012 #1 PA PAS HYD6883//1# FNOOS NEW KINGSTOWN AUTO SALES INC 73 E MAIN ST AMOUNT DUE: $120.00 NEW KINGSTOWN PA 17072 DUE: IMMEDIATELY The New York City Department of Finance has entered a judgment against you for the parkingired light/bus lane violation(s) listed on the reverse side of this page. This list may also include previously entered judgments. New judgments are indicated by an asterisk Notices previously sent to you by the Department of Finance stated what you must do to prevent judgments from being-entered against you. YOU ARE NOW SUBJECT TO IMMEDIATE JUDGMENT ENFORCEMENT PROCEDURES. We intend to take steps authorized by law,either in your State or New York,to collect all outstanding judgment debt.As appropriate and in accordance with law, judgment enforcement procedures may include,but are not limited to: • Assigning your judgment debt to a Collection Agency - Seizing any motor vehicle registered to you and selling it at auction • Seizing your non-exempt personal property - Restraining your bank accounts - Garnisheeing your non-exempt wages - Preventing renewal of your vehicle registration This is a serious matter and, if one of the above judgment enforcement procedures has not yet been taken against you, such action may occur at any time. It is in your interest to pay the above amount immediately because many of the above procedures would also require you to pay additional fees and costs beyond the amount shown above,such as Sheriff or Marshal fees and costs. If you believe there is a mistake in the amount due, or need any additional information, please call our Help Line immediately at 212-440-5412. NOTE: Even if you previously made a payment,you may owe the above amount for late penalties or your payment may have satisfied different violations. However, any payment received or dismissal of a charged violation occurring within seven days of the above date may not be shown in this letter. Instructions for paying by mail are listed below. Instructions for paying online, by phone or In person are listed on the enclosed sheet,along with additional information. -- ------------ ---PA*M- .: NT-4I:WP4DN Make your check 6 r money order payable to the NYC Department of Finance. Do not mail cash. Payment must be made in U.S. Dollars. Write on the front of your check or money order: • Notice Number • Plate Number,State and Plate Type L 0 2 4 8 5 3 0 1 S 0 0 0 0 1 2 0 0 0 2 1 7 0 Insert this tear-off coupon in the enclosed envelope and make sure the City's address can be seen through NOTICE NO. PLATE STATE TYPE the envelope window. L024853015 HYD6883 PA 'PAS NYC DEPARTMENT OF FINANCE TOTAL JUDGMENT AMOUNT DUE: PARKING VIOLATIONS2 $120.00 CHURCH STREET STATION PO BOX 3600 NEW YORK NY 10008-3600 1111,1111111AIIIIIII III I loll 11 1111111111 dill 1111111111111 1)1 11 FNOOS RC 2170 Exhibit " C " NEW KINGSTOWN AUTO SALES INC 73 E Main St, Mechanicsburg, PA 17055 (717) 766-1010 - Qrt 1 Qrt 2 Qrt 3 Qrt 4 Starting Amount $5,995.00 Tax Paid 2008 Total Still Owed $5,897.32 $22.32 Received Payment Charges Full or Total Still # Due Date Date 'CK# Lt Chg On time Pmt LT Pmt Still Owe Tax INT Typo Added 1/2 & , Owed 1 2/10/12 02/14/12 CA $25 -$25.00 1 $135.00 $1.78 $11.16 $5,871.16 D 2 2/24/12 02/27/12 CA $0 1 $135.00 $1.78 $11.16 $5,747.32 D 3 3/9/12 $25 ($158.22) $0.00 $5,772.32 44 3/23112 $25 $158.22) $0.00 $5,797.32 5 4/6/12 $25 $158.22) $0.00 $5,822.32 Exhibit " D " NEW KINGSTOWN AUTO SALES INC PO BOX 413-73 E. MAIN ST. NEW KINGSTOWN PA, 17072 (717) 766-1010 Purchaser 1 Down KECK MACKENZIE $8,500.00 Renter Leased Price Payment CO-Purchaser) Pay Purcnase Renter KECK BENJAMIN 2. $133.22 45 Date 1/31/12 Street 2 TODD DR. Tax Rte 9% Total Interest or Tax APT# Buy-Out $1,530.00 $495.00 $ 11.00 1 City CARLISLE ST PA ZIP 17013 _ Phone# jDays Late 1 31 Vehicle Information Home 609-2130 MAC KECK MACKENZ Make GMC Cell 245-0750 BEN Driv. Lic. # 29 449 854 D.O.B. 7/26/91 Model ENVOY Wk Social 1208-72-3925 Year 2002 Wk 2 KECK BENJAMIN Type SW Driv. Lic. # 18 052 236 D.O.B. 1/7/58 Color BLACK RTC? Sociall Tag# HYD6883 Tag Ex p. VIN# 1GKET16S226105302 Comment 1602 DERRY ST HARRISBURG Stock# Amout Due 5/21/2012 ($945.76) a - i Pagel of 1 VERIFICATION I verify that the statements made in the foregoing Answer with Counterclaim are true and correct to the best of my understanding and belief.I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904,relating to unworn falsification to authorities. Date: Z Zv H L n f New gstown Auto Sales,Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that this --day of April,2013 I have served a true and correct copy of the foregoing Answer by first class mail,postage pre-paid,upon: Robert C. Saidis, Esquire Saidis, Sullivan&Rogers 26 West High Street Carlisle, PA 17013 The Law Office of John M. Glace John lace, Esquire Sup e Ct. ID: 23933 1 E s ain Street Shi a stown,PA 17011-6310 (71 38-5515 In the Court of Common Pleas of Cumberland County,Pennsylvania BENJAMIN L. KECK, and MACKENZIE S. KECK . Plaintiffs, No. 12-6946 VS. C NEW KINGSTOWN CIVIL ACTION—LAW m J7 AUTO SALES,INC. Defendant, CERTIFICATE OF SERVICE AND NOW, this day of April, 2013, I, ROBERT B. HAMILTON, Esquire, of the law firm of SAIDIS, SULLIVAN & ROGERS, hereby certify that I did serve a true and correct copy of the foregoing 10-Day Notice upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: New Kingstown Auto Sales c/o John M. Glace, Esq. 1 East Main Street Shiremanstown, PA 17011 Robert B. Hamilton Attorney I.D. 209202 Attorney for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 In the Court of Common Pleas of Cumberland County,Pennsylvania BENJAMIN L.KECK, and MACKENZIE S.KECK Plaintiffs, No. 12-6946 VS. NEW KINGSTOWN CIVIL ACTION—LAW AUTO SALES,INC. Defendant, TO: New Kingstown Auto Sales,Inc. c/o John M. Glace,Esq. 1 East Main Street Shiremantown,PA 17011 DATE OF NOTICE: April 9,2013 EPORTANT TEN DAY NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING,AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 Respe 1 s i d, S 'S &ROGERS c y: Rob rt C. Sai ' ,Esq. Attorney I.D.21458 26 West High Street Carlisle,PA 17013 Phone: (717)243-6222 Fax: (717)243-6486 SENDER: COMPLETE THIS SECTION COMPLETE THIS SErTION ON DELIVERY ■ Complete items 1.12.,and 3.Also complete A. Signature item 4 If Restricted Delivary is desired. r-3 Agent ■ Print your Aare and.address on the reverse X ❑Addressee so that we-parr return the'card to you. B. Rec d b ( rated Name) G. Date f Delivery ■ Attach thts,card to the,back of the mailpiece, or on the ftori i€space permits. iq 0 3- D. Is dellveryjdAss different from item 1? ❑Yes 1. Article Addressed to: if YES,a er delivery address below: ❑No 1 � P(! ( 3. se a Type °•v1 S > � irCertttied Mail E3 Express Mail 0 Registered 011eturn Receipt for Merchandise E3 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Articie Number- ?DZZ 1150 0200 1090 9962 (transfer from service label) Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 postal CERTIFIED MAILT- RECEIPT Only; tr ,. CT" f r; S ; C7 ErPostage $ m y rq Certified Fee Postmark O C3 Return Receipt Fee Here (Endorsement Required) �' j E3 Restricted Delivery Fee (Endorsement Required) Lr) Total Postage 8 Fees r� r3 ' � Sent a �reet f a Q PO Box t Nf oto..: F ✓ S------------------------ �----------------------- Cit}.SI&te,ZIP+4-------•-•----- YZ7�J f1 1 r ' ���� In the Court of Common Pleas of Cumberland County,Pennsylvania BENJAMIN L. KECK, and MACKENZIE S. KECK MV� =Pz Plaintiffs, No. 12-6946 _-Rim VS. QD NEW KINGSTOWN CIVIL ACTION—LAW AUTO SALES,INC. MDJ APPEAL C Defendant, PLAINTIFFS' ANSWER TO COUNTERCLAIM AND NOW come the Plaintiffs,Benjamin L. Keck and Mackenzie S. Keck,by and through their attorneys, SAIDIS, SULLIVAN& ROGERS, and answer the Counterclaim filed by the Defendant in the above-captioned matter as follows: 35. Paragraph 35 of the Defendant's Answer with Counterclaim incorporates by reference the Defendant's responsive pleadings to Paragraphs I through 34 of the Plaintiffs' Complaint,to which no response is required. To the extent that a response is required,the averments are denied. 36. Admitted. 37. Admitted in part and denied in part. It is admitted that Plaintiff Mackenzie S. Keck did lose her license after she was involved in the accident which resulted in the vehicle being brought to Defendant's facility for repairs. It is specifically denied, however, that she was not a licensed operator of the vehicle before this accident and during the term of the lease. After the vehicle was taken to the Defendant's repair shop in late February, 2012, neither Plaintiff operated the vehicle again. a. Admitted. By way of further answer, the New York City police released the vehicle to the Plaintiff when she paid a fine of$210.00 for a parking violation. b. After reasonable investigation, Plaintiffs are without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 37(b), so that the averment is deemed denied and strict proof of this allegation is demanded at trial. 38. Admitted in part and denied in part. It is admitted that a parking violation in New York City was issued during the time Mackenzie Keck operated the vehicle. Plaintiffs specifically deny the amount of the debt as stated by Defendant. Plaintiff Mackenzie Keck paid$210.00 to the New York City Department of Finance for the parking violation, at which point the vehicle was released to her. By way of further answer, Plaintiffs were previously unaware of this other violation attached to the Defendant's Answer and labeled as Exhibit B. Plaintiffs believed that all monies owed to the New York City Department of Finance were paid by Mackenzie Keck when the vehicle was initially released to her from impound in February 2012. In any event,the notices of default judgment that are attached and labeled as Exhibit B in Defendant's Counterclaim are for the same violation, and thus, total $120.00,not $210.00. After reasonable investigation, Plaintiffs are without information or knowledge,sufficient to form a belief as to the truth of this averment contained in Paragraph 38, and this averment is deemed denied. 39. Admitted. The initial total cost to repair the vehicle as provided in the Estimate of Record generated by Erie Insurance Group was $2,913.60,to which a deductible in the 2 amount of$500.00 was applied, resulting in a total net cost to repair of$2,413.60. A true and correct copy of the Estimate is attached hereto and labeled Exhibit"C." 40. Denied. Plaintiffs have no knowledge of any additional accident or vandalism by an associate of Mackenzie Keck, other than the accident already stated in the Plaintiffs' Complaint, and therefore deny the averment and demand strict proof at trial. 41. Denied. By way of further answer, Plaintiffs made two lease payments of $135.00 and were current on the lease up until the time the vehicle was taken to the Defendant's facility for repairs in late February, 2012. Plaintiffs inquired as to the status of the vehicle several times over the course of the following two months,to which the Defendant repeatedly responded that the vehicle was still being repaired. In May, 2012, the Defendant informed the Plaintiffs that the vehicle had been"trashed," and it refused to release the vehicle to the Plaintiffs. Because the Plaintiffs were dispossessed of the vehicle by virtue of the Defendant failing to make the necessary repairs as promised, Plaintiffs did not make any lease payments from March 2012 until the date the Defendant terminated the lease. 42. After reasonable investigation,Plaintiffs are without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 42 so that these averments are denied. 3 WHEREFORE, Plaintiffs above named demands dismissal of the Defendant's Counterclaim with prejudice Respectfully submitted, S4ttomeyl & ROGERS —31 B Date 58 Attorney for P laintiffs 26 West High Street Carlisle, PA 17013 (717) 243-6222 4 EXHIBIT C '03A08/2012 at 01:02 PM 010171220224001 20684 Ofyk1461 ERIE INSURANCE GROUP HARRISBURG BRANCH OFFICE email: charles.steiner @erieinsurance.com { 4901 LOUISE DRIVE _ . P.O. BOX 2013 MECHANICSBURG, PA 17055 (717)486-8756 Fax: (717)795-2315 ESTIMATE OF RECORD Written By: C. STEINER #152145 03/08/2012 01:02 PM Adjuster: C. STEINER #152145 (717) 486-8756 Insured: BENJAMIN & SUZANNE KECK Claim #010171220224001 Owner: BENJAMIN & SUZANNE KECK Policy #Q031003786 - Address: 2 TODD RD Date of Loss: 02/01/2012 at 08: 00 AM mskslim @yahoo.com CARLISLE, PA 17013 Type of Loss: Collision Business: (717)770-7925 Point of Impact: 11. Left Front Evening: (717)245-0750 Inspect NEW KINGSTON AUTO SALES Business: (717) 766-1000 Location: P.O.BOX 413 OTHER 73 EAST MAIN STREET NEW KINGSTOWN, PA •17072 'Repair .BAISH AUTO BODY Business: -•(717.)249-1353 Facility: ATT: DICK BAISH 7 Days to Repair 1249 HOLLY PIKE License 4 232525301 CARLISLE, PA 17013 2002 GMC ENVOY 4X4 SLT XL 6-4 .2L-FI 4D UTV BLACK Int:STONE VIN: 1GKET16S226105302 Lic: HYD6883 PA Prod Date: 06/2004 Odometer: 173842 Condition: Good Air Conditioning Rear Defogger Tilt Wheel Cruise Control Intermittent Wipers Climate Control Keyless Entry Dual Air Condition Rear Window Wiper Steering Wheel Controls Message Center Body Side Moldings Dual Mirrors Privacy Glass Console/Storage Overhead Console Wood Interior Trim Luggage/Roof Rack Electric' Glass Sunroof Fog Lamps Headlamp Washer Clear Coat Paint Power Steering Power Brakes Power Windows Power Docks Power Driver Seat Power Passenger Seat Power Mirrors Heated Mirrors Memory Package AM Radio FM Radio Stereo Search/Seek CD Player Anti-Lock Brakes (4) Driver Air Bag Passenger Air Bag Front Side Impact Air Bag 4 Wheel Disc Brakes Communications System Leather Seats. Bucket Seats Heated Seats Recline/Lounge Seats Rear Step Bumper Running Boards/Side Steps Trailering Package Power Trunk/Gate Release Automatic Transmission 4 Wheel Drive Overdrive Aluminum/Alloy Wheels 1 03/08%2012 at 01: 02 PM 010171220224001 20684'x Ofyk1461 ESTIMATE OF RECORD 2002 GMC ENVOY 4X4 SLT XL 6-4.2L-FI 4D UTV BLACK Int:STONE 1 ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ----------------------------------------------------------------------------- 1 FRONT BUMPER 2 R&I R&I bumper cover 1. 6 3 GRILLE 4 R&I R&I grille assy Incl. 5 FRONT PANELS 6 Repl Front panel GMC 1 170 .95 1. 0 7 FRONT LAMPS 8 R&I RT Headlamp assy 0.4 N 9* Repl USED LT Headlamp assy +250 1 218 .75 0.4 10 Aim headlamps 0.5 11 RADIATOR SUPPORT 12* Rpr Radiator support s 0.5 1. 0 13 HOOD N 14* Rpr Hood GMC 3. 0 1.5 15* Add for Clear Coat 1 .1 16 FENDER N 17* Repl USED LT fender assy +250 1 218 .75 1. 8 2.2 18 Overlap Major Adj . Panel -0. 4 19 Add for Clear Coat 0. 4 20 Refn edges 0. 5 21 R&I LT Fender liner 0.3 22 Blnd LT Front panel s 0. 3 23* Rpr LT Rear panel s 2 .5 1. 0 24 Overlap Major Non-Adj . Panel -0. 2 25* Rpr LT Upper rail s 1.5 0. 8 26 Overlap Minor Panel -0. 2 27 Repl LT Fender mtg bkt 1 37 .28 1.5 0. 6 28 Add for Clear Coat 0. 1 29 Repl Reinforcement battery tray 1 26.72 0.5 30 ELECTRICAL 31 R&I Battery m 0.4 32 Repl 'Battery tray 1 44 . 53 m 0.2 33 R&I Horn high note 0.2 34 R&I Horn low note 0.2 35 PILLARS, ROCKER & FLOOR 36 R&I LT Rocker molding GMC,w/o 0.4 Denali front 37 FRONT DOOR N 38* Rpr LT Door shell 1.0 1 .2 39 Overlap Major Adj . Panel -0 .4 40* Add for Clear Coat 0. 4 41 R&I LT Belt w' strip 0.3 42 R&I LT R&I side mldg 0.3 43 R&I LT Applique GMC & Oldsmobile 0,2 44 R&I LT Mirror assy w/power htd 0.3 w/signal 45 R&I LT Door glass GM 0.5 46* R&I LT Run channel 0.3 2 03/08%2'012 at 01: 02 PM 010171220224001 20684 '.J ESTIMATE OF RECORD Ofyk1461 2002 GMC ENVOY 4X4 SLT XL 6-4 .2L-FI 4D UTV BLACK Int :STONE -- -------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------- ------------------ 47 R&I LT Handle, outside black 0. 4 48 R&I LT R&I trim panel 0. 6 49 R&I LT Water deflector 0.1 50# MISCELLANEOUS OPERATIONS 1 51# Corrosion Protection 1 10.00 T 0. 1 52# DeNib, Color Sand and Buff 1 1 .0 53# Adhesive Removal & ReTape 1 2.50 T 0.4 54# Cover Interior 1 5. 00 55# Cover Engine Compartment 1 5. 00 T 564 Cover Car 1 10. 00 T 0.2 574 Set Up Guage & Measure 1 2.0 F 58# Collision Pull Radiator 1 1 . 0 F Support 59# Pull Lt Fndr Apron & pnl 1 1. 5 F 60# Disable SRS Sys 1 T 0.3 M 61# Hazardous Waste Removal 1 5. 00 T -------------------------------------------- Subtotals =_> 754.48 27. 4 9.9 Line 9 Used parts located from: New Cumberland Auto Parts, Ph# 717-774-1190 Spoke w/Barrv, Reference Quote #61272 Line 14 Note! ! Labor Listed to Spot Color and/or Blend with in panel with Full Clear Coat Labor is applied. Line 17 Used parts located from: New Cumberland Auto Parts, Ph# 717-774-1190 Spoke w/Barry, Reference Quote #61272 Line 38 Note! ! Labor Listed to Spot Color and/or Blend with in panel with Full Clear Coat Labor is applied. 3 03/08/.2012 at 01:02 PM 010171220224001 20684 Ofyk1461 ESTIMATE OF RECORD 2002 GMC ENVOY 4X4 SLT XL 6-4 .2L-FI 4D UTV BLACK Int:STONE ------------- Estimate Notes: Note'. ! Used parts located, Not Cost Effective from: LKQ 250 Auto, Phone # 800-334-1190 ' Spoke w/Tipp, Reference Quote #9303267 Lt. Hdlmp @ $230 Lt Fn.dr @ $200 Chuck's Auto Salvage, Ph# 610-689-1101 Spoke w/ Jim, Reference Quote #200584 Lt Hdlmp @ $250 Lt Fndr @ $275 Ft Mntg pnl@ $250 Stoystown Auto Salvage, Ph# 888-358-8770 Spoke w/Dan, Reference Quote #187662 Lt Hldmp @ $200 Note! Alternate Parts Search Results : NO Used parts Available from: Aumillers Auto Salvage, Ph 800-692-7463 .Spoke w%Bill, Quote #0308P Note! ! All supplemental repairs must be pre-approved by the Erie Insurance Group Material Damage Adjuster. *A Signed Direction of Payment by the vehicle owner, ALL INVOICES '(For the Complete Repair) are Required prior to your supplement being processed! Agreed ..Price Figure / Repair Cycle Time of ( 7 ) Days reviewed with Owner & Repair Shop Mngr: Dick Baish Parts 721 .98 Body Labor 22. 6 hrs @ $ 46. 00 /hr 1.039. 60 Paint Labor 9. 9 hrs @ $ 46. 00 /hr 455.40 Mechanical Labor 0.3 hrs ,@ $ 56. 00 /hr 16.80 Frame Labor 4 .5 hrs @ $ 50.00 /hr 225. 00 Paint Supplies 9. 9 hrs @ $ 26. 00 /hr 257 .40 Sublet/Misc. 32 . 50 ---------------------------------------------------- SUBTOTAL $ 2748 . 68 Sales Tax $ 2748. 68 @ 6. 0000 % 164 . 92 ---------------------------------------------------- TOTAL COST OF REPAIRS $ 2913 . 60 ADJUSTMENTS: Deductible 500. 00 TOTAL ADJUSTMENTS $ 500. 00 NET COST OF REPAIRS $ 2413 . 60 4 03/08/2012 at 01: 02 PM 010171220224001 20684 OfykI461 ESTIMATE OF RECORD 2002 GMC ENVOY 4X4 SLT XL 6-4 .2L-Fl 4D UTV BLACK Int:STONE THIS IS NOT AN AUTHORIZATION TO REPAIR. The Vehicle owner must authorize all repairs. Erie Insurahce reserves the right to reinspect ail supplements before payment is made. Costs above the appraised amount may be the responsibility of the vehicle owner. There is No requirement to use any specified repair shop. Information regarding repair facilities which will be able to repair the vehicle for the appraised amount may be available from ERIE Insurance on , request. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED:D=DISCONTINUED PART A=APPROXIMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT DS PART=Diamond Standard Part DS ASSY=Diamond Standard Assembly EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ #=VIANUAL LINE ENTRY *=OTHER [IE. .MOTORS DATABASE INFORMATION WAS CHANGED] . **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS=NATIONAL AUTO GLASS SPECIFICATIONS. OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT, NWCPP=NATIONWIDE CRASH PARTS PROGRAM. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. 03/08/2012 at 01:02 PM 010171220224001 20684 Ofykl461 ESTIMATE OF RECORD 2002 GMC ENVOY M SLT XL 6-4 .2L-FI 4D UTV BLACK Int:STONE If this estimate indicates "used" parts were specified, they are to be of like kind and quality, or better. If this estimate indicated "AM", Aftermarket Crash Parts were specified, these replacement parts are from nonoriginal equipment manufacturers. Usually, aftermarket parts are used on the exterior of the motor vehicle, including inner and outer panels. If this appraisal indicates it. includes aftermarket crash parts, and if the use of aftermarket crash part or parts voids the existing warranty on the part being replaced, or any other part, the aftermarket crash part shall have a warranty equal to or better than the remaining warranty of the part being replaced, provided by the part manufacturer and Erie Insurance. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are detiv&d' from the Guide DR1GN02, CCC Data Date 03/01/2012, and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer, OEM parts are available at OE/Vehicle dealerships. OPT OEM (optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships. OPT OEM or ALT OEM parts may reflect some specific, special, or unique pricing or discount. OPT OEM or ALT OEM parts may include "Blemished" parts provided by OEM's through OEM vehicle dealerships, Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Tilde sign (-) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate, Non-Original Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Comp Repl Parts which stands for. Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as RECOR. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries. Some 2012 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The Pathways estimator has a complete list of applicable vehicles. Part numbers and prices should be confirmed with the local dealership. The following is a list- of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced. SYMBOLS FOLLOWING PART PRICE: rn=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscelianeous Taxed charge category. X=Miscellaneous Non-Taxed charge category. SYMBOLS FOLLOWING LABOR: D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category. M=Mechanical labor category. S=Structural labor category. (numbers) I through 4=User Defined Labor Categories. OTHER SYMBOLS AND ABBREVIATIONS: Adj .=Adjacent, Algn.-Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel. CAPA=Certified Automotive Parts Association. Comp Repl=Competi-tive Replacement (part) . D&R=Disconnect and Reconnect. HSS=High Strength Steel. HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj .=Non Adjacent. NSF=NSF International Certified Part. 0/,9=Overhaul. Qty=Quantilly. Qual Recy=Quality Recycled (part) . Qual Repl=Quality Replacement(part) . Refn=Refinish. Repl=Replace, R&I=Remove and Install. R&R=Remove and Replace, Rpr=Repair. RT=Right. SAS=Sandwiched Steel. Sect=Section. Subl=Sublet. UHS=Ul.tra High Strength Steel. N=Note (s) associated with the estimate line. 6 03/08/2012 at 01:02 PM 20684 010171220224001 ESTIMATE OF RECORD Ofyk1461 2002 GMC ENVOY 4X4 SLT XL 6-4 .2L-Fl 4D UTV BLACK Int:STONE CCC Pathways - A product of CCC Information Services Inc. The following is a list of abbreviations that may be used in CCC Pathways that are not part of the MOTOR CRASH ESTIMATING GUIDE: BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA=National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 7