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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
UNITED FINANCIAL CASUALTY
Plaintiff
vs.
No : ~3 - od~l (~ivi r~er~,
COMPLAINT IN CIVIL ACTION
AUTO FIRST SALES & SERVICE
ELIE KHOURI
DBA AUTO FIRST SALES & SERVICE
JOE KHOURI
DBA AUTO FIRST SALES & SERVICE
Defendants
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin W. Lawrence,209032
WELTMAN, WEINBERG & REIS CO.,
325 CHESTNUT STREET SUITE 501
PHILADELPHIA, PA 19106-2614
215-599-1500
FAX: 215-599-1505
09714230 C Y Jer DKM
L.P.A.
Q(,uu~ $ l 03.75 PQ p7T'I
,~~ as5a 73
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
UNITED FINANCIAL CASUALTY
Plaintiff
vs. Civil Action No
AUTO FIRST SALES & SERVICE
ELIE KHOURI
DBA AUTO FIRST SALES & SERVICE
JOE KHOURI
DBA AUTO FIRST SALES & SERVICE
Defendants
COMPLAINT AND NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by entering
a written appearance personally or by an attorney and filing in writing
with the court your defenses or objections to the claims set forth
against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or
for any other claim or relief requested by the plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
WELTiVIAN, WEINBERG & REIS CO., L.P.A.
BY: Benjamin W. Lawrence, Esquire Attorney for Plaintiff(s)
Pa. Identification No.209032
325 Chestnut Street, Suite 501
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File # 9714230
}
UNITED FINANCIAL } Court of Common Pleas
CASUALTY COMPANY } Cumberland County
}
}
vs. }
}
ELIE KHOURI, individually and }
Doing business as AUTO FIRST }
And }
JOE KHOURI, individually and } NO.
Doing business as AUTO FIRST }
And }
AUTO FIRST }
CIVIL ACTION -COMPLAINT
Plaintiff is a business organization licensed and authorized to conduct
business in the State of Ohio with a place of business located at 5920 Landerbrook
Drive, Mayfield Heights, Ohio 44124.
2. Defendant, Elie Khouri, is an adult individual who at all time pertinent
hereto was doing business as Auto First at 6506 Carlisle Pike, Mechanicsburg,
Pennsylvania 17050.
3. Defendant, Joe Khouri, is an adult individual who at all time pertinent
hereto was doing business as Auto First at 6506 Carlisle Pike, Mechanicsburg,
Pennsylvania 17050.
4. Defendant, Auto First, is a business organization licensed and authorized
to conduct business in the Commonwealth of Pennsylvania and/or a sole proprietorship
and/or limited partnership operating in the Commonwealth of Pennsylvania with a place
of business located at 6506 Mechanicsburg, Pennsylvania 17050.
5. Plaintiff issued a policy of motor vehicle insurance whereby Plaintiff
agreed to insure the motor vehicle involved in this incident ("Insured Vehicle"), owned by
Plaintiff s insured.
6. On or about March 2011 the Plaintiff's Insured purchased what he
believed to be a 1997 Dodge Ram from Defendants' place of business.
7. After purchase of the vehicle, the Plaintiff s Insured discovered that the
vehicle identification number had been changed before the Plaintiff s Insured purchased
the vehicle and the vehicle was actually a different vehicle and that it had been reported
stolen.
8. The police subsequently took possession of the vehicle as a result of the
theft.
9. The Plaintiff s Insured advised Defendants that the vehicle they sold to
him was stolen and demanded refund of the monies he had paid.
10. Defendants have refused to refund these monies despite the fact that
they sold the Plaintiffs Insured a stolen vehicle.
11. Defendants are liable for their negligence and/or carelessness for selling
the Plaintiff s Insured a vehicle they knew and/or in the exercise of reasonable caution
and/or care should have known was stolen.
12. Defendants are liable to Plaintiff as a result of their negligence and/or
carelessness in failing to take reasonable precautions to ensure that vehicles they sell
are properly titled, owned and that the vehicle identification numbers are valid.
13. As a direct and proximate result of Defendants' negligence, the Plaintiff
Insured sustained a loss totaling $9,715.32.
14. Pursuant to the insurance policy issued by Plaintiff and as a result of the
aforesaid payment, Plaintiff became subrogated to the claim of its Insured against
Defendants.
WHEREFORE, Plaintiff demands Judgment against Defendants, jointly and
severally, in the amount of $9,715.32 plus interest and costs.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Benja .Lawrence, Esquire
PA I. . # 209032
325 Chestnut Street
Suite 501
Philadelphia, PA 19106
(215) 599-1500
VERIFICATION
I, Benjamin W. Lawrence, Esquire, attorney for the Plaintiff(s) do hereby swear
and aft:lrm that the averments in the attached Complaint are true and correct to the best
of my knowledge, information and/or belief. These averments are made subject to the
penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Benjamin awrence
Date ~ t ~-~~~~
HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C.
BY Dory L. Sater, Esquire
I.D. # 83783 r i
1835 Market Street, Suite 2700
Philadelphia, PA 19103 " ' � " _ i r . s}
(267) 350-6600 'it41RLff �J GOUT"�Y
4 PFHHSYL`�Nf IA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
UNITED FINANCIAL CASUALTY COMPANY :
vs. : NO. 13-0211
ELIE KHOURI, individually and d/b/a •
AUTO FIRST and •
JOE KHOURI, individually and d/b/a
AUTO FIRST •
CIVIL ACTION ANSWER TO COMPLAINT WITH NEW MATTER
1. Admitted upon information and belief.
2. Admitted.
3. Denied. There is no such individual as Joe Khouri.
4-7. Admitted.
8. Denied. The averments of these paragraphs contain conclusions of law to
which no response is required. To the extent that these averments are deemed factual in nature,
Defendant is, after reasonable investigation, without sufficient knowledge or information from
which to form a belief as to the truth of these averments;therefore,they are deemed denied. By way
of further answer, the defendant reported the vehicle to the state police after Plaintiff's insured
brought it to their attention. Plaintiff's insured neglected to do this on his own.
9. Denied as stated. It is denied that plaintiff's insured had this conversation with the
defendant.
10. Denied. The averments of these paragraphs contain conclusions of law to
which no response is required. To the extent that these averments are deemed factual in nature,
if
Defendant is, after reasonable investigation, without sufficient knowledge or information from
which to form a belief as to the truth of these averments;therefore,they are deemed denied. By way
of further answer, the Defendants' unknowingly ran a Carfax on the old VIN plate because the
person who sold it to them had changed the VIN plate before.
11. Denied. The averments contained in this paragraph are conclusions of law to which
no response is required. By way of further answered,Auto First never knew about the vehicle being
stolen prior to selling the vehicle.
12. Denied. The averments contained in this paragraph are conclusions of law to which
no response is required. Auto First ran the Carfax and it matched the title that was issued by
PennDOT.
13. Denied. The averments contained in this paragraph are conclusions of law to which
no response is required. By way of further answer, it is specifically denied that the Defendants did
anything negligent or are responsible in any way for the Plaintiffs damages.
WHEREFORE, Defendant respectfully requests that judgment be entered in its favor
and against Plaintiff, together with costs, interest, attorneys fees, and what other appropriate
relief this Court deems justified.
NEW MATTER
14. Defendant incorporates the foregoing paragraphs of its Answer by reference as if fully
set forth at length herein.
15. Plaintiffs claims may be barred in whole or in part by the applicable statute of
limitations.
16. Plaintiffs claims may be barred in whole or in part by the doctrine of assumption of
risk.
17. Plaintiffs claims may be barred in whole or in part by the doctrine of unclean hands
18. Plaintiffs claims may be barred in whole or in part by Plaintiffs failure to mitigate
damages.
19. Defendant did not breach any duty owed to Plaintiff.
20. Plaintiffs own acts constitute a superseding, intervening cause of his damages,
injuries, and losses.
21. Any remedies available to Plaintiff are barred or otherwise diminished pursuant to the
Pennsylvania Comparative Negligence Act,the terms of which are incorporated herein.42 Pa.Cons.
Stat. Ann. § 7102.
22. No action or inaction on the part of the Defendant,its agents,servants,employees,or
representatives caused or contributed in any manner to the damages, injuries, and losses alleged in
Plaintiffs Complaint.
23. Plaintiffs damages, injuries, and losses, if any, were caused entirely by the acts of
other persons or parties over whom the Defendant had no control.
24. Auto First acquired a vehicle on a two (2) trade in situation.
25. Auto First ran a Carfax, and the Carfax matched the title and the VIN plate.
26. Plaintiffs insured bought the vehicle from Auto First. And Auto First at that time
knew nothing about whether or not the vehicle was stolen
27. State Police subsequently investigated this issue and did not find Auto First
responsible at all.
28. Auto First was the victim of a crime in this situation.
29. Plaintiffs insured informed Auto First that the VIN number on the vehicle's
computer did not match the VIN number on the dash board.
30. Plaintiffs insured refused to report the vehicle, that he knew was stolen, instead
calling Auto First directly. Upon immediate knowledge of this information, Auto First called and
reported it to State Police.
31. Auto First was the victim of the crime by the prior owner, who knowingly and
intelligently sold them a stolen vehicle.
HAGGERTY, GOLDBERG, SCHLEIFER& KUPERSMITH, P.C.
BY: °4-7
DORY . SATER, ESQUIRE
Attorney for Defendants
J•
VERIFICATION
The undersigned,having read the attached pleading,verifies that the within pleading is based
on information furnished to counsel,as well as information gathered by counsel in the course of this
lawsuit. Signer verifies that he has read the within pleading and that is true and correct to the best of
the signer's knowledge,information and belief. This Verification is made subject to the penalties of
18 Pa. C.S. 4904 relating to unsworn falsifications.
HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C.
BY:
DORY L. ATER, ESQUIRE
Attorney for Defendants
Dated: -7((//)
HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C.
BY: Dory L. Sater, Esquire
I.D. # 83783
1835 Market Street, Suite 2700
Philadelphia, PA 19103
(267) 350-6600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
UNITED FINANCIAL CASUALTY COMPANY :
vs. : NO. 13-0211
•
ELIE KHOURI, individually and d/b/a
AUTO FIRST and
•
JOE KHOURI, individually and d/b/a
•
AUTO FIRST
CERTIFICATION OF SERVICE
I, Dory L. Sater,Esquire, hereby certify that I served a true and correct copy of Defendant's
Answer to Complaint with New Matter dated June 20,2013 by regular U.S.Mail,postage pre-paid to
the following:
Benjamin W. Lawrence, Esquire
Weltman, Weinberg & Reis Co., LPA
325 Chestnut Street, Suite 501
Philadelphia, PA 19106
HAGGERTY, GOLDBERG, SCHLEIFER& KUPERSMITH, P.C.
BY:
DORY-L. SATER, ESQUIRE
Attorney for Defendants
Dated: /K/
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Benjamin W. Lawrence, Esquire Attorney for Plaintiff
I.D. No. 209032
325 Chestnut Street, Suite 501
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File# 9714230
}
UNITED FINANCIAL CASUALTY } Cumberland County
CO., } Court of Common Pleas „Jct.; d .
Plaintiff } rn ni c
vs. } Civil Division
ELIE KHOURI et al., } No. 13-0211 M
Defendant } a
_r
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
14-31. Denied. Defendant's averment is a conclusion of law to which no responsive
pleading is required. As way of further response, after reasonable investigation Plaintiff
is without sufficient information to form a belief as to the truth or falsity of Defendant's
averments. Strict proof is therefore required at time of trial.
WHEREFORE, Plaintiff demands that judgment be entered in its favor and against
Defendant.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
B jamin W. Lawrence, Esquire
Attorney for Plaintiff
VERIFICATION
I, Benjamin W. Lawrence, Esquire, attorney for the Plaintiff(s) do hereby swear
and affirm that the averments in the attached Reply to New Matter are true and correct
to the best of my knowledge, information and/or belief. These averments are made
subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to
authorities.
Benjami . Lawrence, Esq.
Date P-1 1 6/-1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
01li�e d i nc n ■ •
(t j. a c-.,1 CoM� nc. ` Plaintiff .•
. NO. ) J • Oc ii CIVIL TERM
VS
AutD '',( � 5Qh5 ct. 5e,f VICE. •
2-\\ 'F.`riour . -bbct- Auto ,.is A e/t'e 5
4`)Cry-cc{,1 30t 000y, 13A ( `FW. 1-S, =,
yr,__
w-5eANfCC- Defendant gin" x-TM
•RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the `'.
following form: Z
ter) ;
THE PETITION FOR APPOINTMENT OF ARBITRATORS Z N -,
TO THE HONORABLE,THE JUDGES OF SAID COURT:
l n nl'Y'i r' bi- wieri(-€ , counsel for the lainti /defendant in the above
actio1(or actions),respectfully represents that:
I. The above-captioned action(or actions)is(are)at issue. a
15-3Z- :3 .1- 2
2. The claim of plaintiff in the action is$ rri -� °r:
-,rn m ;..-..,
The counterclaim of the defendant in the action is m co '~--
cn r° -- -^�
The following attorneys are interested in the case(s)as counsel or are otherwise disqualify site < `_
as arbitrators: A .�
I1_. I as ■ . Alu}t- • et 6 _ ! '-"C . -...4 N)
WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to
whom the case shall be submitted. d�� S 0 sD- a Illi
Respectfully submitted Ct# J/y, ��,
g# (
ORDER OF COURT
AND NOW, , 20 , in consideration of the foregoing
petition, Esq.,and
Esq., and Esq., are appointed arbitrators in the above
captioned action(or actions)as prayed for.
By the Court,
KEVIN A. HESS,P.J.
q
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
(tt`. �1c Cocv\� nil Plaintiff .•
NO. ) - oa// CIVIL TERM
VS
tkutc) "�St �41,-;; c, 5c_t vt(Z
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°*-SCAN\CC- Defendant -
•RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the- .�- `_-t c_
following form:
G(
THE PETITION FOR APPOINTMENT OF ARBITRATORS Z N —'•
- '
-
TO THE HONORABLE, THE JUDGES OF SAID COURT: r
IXf pm1 n U - Law(ey ( , counsel for the A rdefendant in the above
actioti)(or actions),respectfully represents that:
1. The above-captioned action(or actions) is(are)at issue. c: �`\
2. The claim of plaintiff in the action is $ Q11 4.15-3J_ rn h `.,° 1'�
The counterclaim of the defendant in the action is c x; CO :.
The following attorneys are interested in the case(s)as counsel or are otherwise disqualifib situ ,
z
as arbitrators: -_
w .
WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to
whom the case shall be submitted. 11$agso1 d Ge
Respectfully submitted Cjjj //!a/ 6b6...?
g4t ',t Or(011
ORDER OF COURT
AND NOW, c7�p/4 ,U4,U oZ(') , 20/9 , in consideration of the foregoing
petition, 41_4_ � n 4 / Esq., and 4,- ia...., Vla..4/44.4..2
Esq., and ,_,;/ji, ,/At J_L‘.„,/A, [.a Esq., are appointed arbitrators in the above
captioned action(or actions)as prayed for.
tr) f—
By the Court,'''- i-rittibt , 14)`614.ers • 4 At.
f3 et!,;f KEVIN A. HESS J.
=°' 6,p,rs /11,a.'1 eld a/w)/q
Rag
UNITED FINANCIAL
CASUALTY,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION — LAW
: NO. 13-0211 CIVIL
ELIE KHOURI, d/b/a AUTO FIRST :
SALES AND SERVICES, and :
JOE KHOURI, d/b/a AUTO FIRST :
SALES AND SERVICES,
Defendants
ORDER
AND NOW, this 20 day of August, 2014, the appointment of Reginald Evans,
Esquire, as Chairman of the Board of Arbitrators in the above -captioned case is VACATED.
Wayne Shade, Esquire, is appointed in his place.
Wayne Shade, Esquire
Chairman
Court Administrator
:rim
BY THE COURT,
UNITED FINANCIAL CASUALTY : IN THE COURT OF COMMON PLEAS OF
COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff : CIVIL ACTION - LAW
v.
: NO. 13-0211 CIVIL TERM
ELIE KHOURI, individually and
doing business as AUTO FIRST,
JOE KHOURI, individually and :
doing business as AUTO FIRST, and :
AUTO FIRST,
Defendants
Oath
We do solemnly swear (or affirm) that we will support, obey
and the Constitution of this Commonwlth ani that we ill d' : harge the duties of our office, it deli
CD 'a -n
C7 rq-
—4 7Dm
.fi` CD
c,
330
MC
defend the Constitution of the United States
A7-
Wayne0. Shade, Chairman Tri is D. Nayli Esquire 1 : an J. 1 tefano, Esquire
53 West Pomfret Street Bar c & Scherer 2331 Market Street
Carlisle, PA 17013 19 West South Street Camp Hill, PA 17011
Carlisle, PA 17013
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following
award: (Note: If damages for delay are awarded, they shall be separately stated.)
•
, ifLext_t,:AZI-6
Date of Hearing: October 14, 2014
Date of Award: Oc4 t) 11, 4Z-0/
, Arbitrator, dissents. (Insert name if applicable.)
Way
1/
Shag- Chai p.
Tried . Naylor,
Damian
oleo v'Olt•
eStefano, Esquire
Notice of Entry of Award
NOW, the /y day of Ce1044. , 2014, at 9: 417 F} .M., the
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ / .-(7)
Samar 6-9.
13e J am, H k 1. uDrene.-e
eepcie gAti,
By:
above award was
Deputy