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HomeMy WebLinkAbout13-2232 Supreme Couft of :Pennsylvania �� mo il For Prothonota Use Ord Court�of CommonJPleas }� y: CiA Cov r Sheet Docket No: CUMBERLAND � _ County J ,- , The information collected on this form is used solely court, administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S [I Complaint Q Writ of Summons El Petition ❑F Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C Gavin B. Morrow Jacob Lemay T Dollar Amount Requested: IX ]within arbitration limits I Are money damages requested? ❑ Yes 0 No (check one) E loutside arbitration limits O N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? X Yes El No A Name of Plaintiff /Appellant's Attorney: Katie J. Maxwell, Esquire El Check here if you have no attorney (are a Self- Represented [Pro Sej Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional [I Buyer Plaintiff Administrative Agencies M Malicious Prosecution I.1 Debt Collection: Credit Card h" Board of Assessment 0 Motor Vehicle ] Debt Collection: Other M Board of Elections E] Nuisance 0 Dept. of Transportation S M Premises Liability 0 Statutory Appeal: Other Product Liability (does not include mass tort) Employment Dispute: E 0 Slander/Libel/ Defamation Discrimination C El Other: Employment Dispute: Other Q Zoning Board O T ` inJ I i Other: O MASS TORT Asbestos N 0 Tobacco EJ Toxic Tort - DES R Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste C! Ejectment E] Common Law /Statutory Arbitration B Q Other: El Eminent Domain /Condemnation Q Declaratory Judgment RL Ground Rent E] Mandamus 0 Landlord/Tenant Dispute E] Non- Domestic Relations M Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial ��— Quo Warranto 0 Dental EJ Partition El Replevin E] Legal E] Quiet Title 0 Other: 0 Medical E] Other: 0 Other Professional: Updated 1/1/2011 Y COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 13- aa3aotvl I Term NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME CF MDJ Jacob Lemay and Kristi Lemay 09 -3 -01 H. An thony Adams ADDRESS OF APPELLANT CITY STATE ZIP CODE 11 Walnut Bottom Road Shippensburg PA 17257 DATE OF JUDGMENT IN THE CASE OF (PlainUM (Defendant)' April 16, 2013 Gavin B. and Susan K. Morrow v5 Jacob Lemay and Kristi Lemay DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ- 09301 -CV -47 -2013 lit oo This block will be signed ONLY when this notation is required under Pa. If appe ant w s Claimant (se a. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a agisteria/ District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Gavin B. Morrow and Susan K. Morrow appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. - aa�ji VI I �P ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Gavin B. Morrow and Susan K. Morrow 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 servi e {nf��lZy mail is the date of the mailing. Date: a3 20 3 •�_� 1 7�t'` 1 S � of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF t',,C 0TJQE OF1U116�'�IIENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. cy '7 . Jq AOPC 312 -05 � ��`03 ct .r COMMONWEALTH OF PENNSYLVANIA h Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -01 Gavin B. and Susan K. Morrow MDJ Name: Honorable H. Anthony Adams V. Address: 35 West Orange Street Jacob Lemay, Kristi Lemay Shippensburg, PA 17257 Telephone: 717 -532 -7676 Katie James Maxwell, Esq. Docket No: MJ- 09301 -CV- 0000047 -2013 Martson Law Offices Case Filed: 3/21/2013 10 E High St Carlisle, PA 17013 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09301 -CV- 0000047 -2013 Gavin B. and Susan K. Morrow Jacob Lemay Judgment for Plaintiff 04/16/2013 MJ- 09301 -CV- 0000047 -2013 Gavin B. and Susan K. Morrow Kristi Lemay Judgment for Plaintiff 04/16/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amoun Gavin B. and Susan K. Morrow $0.00 $0.00 $0.00 Jacob Lemay $9,536.49 $0.00 $9,536.49 Kristi Lemay $9,536.49 $0.00 $9,536.49 Judgment Detail ( *Post Judgment) In the matter of Gavin B. and Susan K. Morrow vs. Jacob Lemay; Kristi Lemay on 4/16/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amoun Civil Judgment $9,351.34 $0.00 $9,351.34 Costs $185.15 $0.00 $185.15 Grand Total: $9,536.49 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. " Ixl IIMI� D afe Magisterial District Judge H. Anthony Adams certi t at t is is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 04/16/2013 3:21:35PM n€3 APR 25 PM 3y I CUMliMANO COUNI"y PENNSYl.VALI�`- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby(swear)(affirm)that I served o2 023 X13 a copy of the Notice of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on (date of service), 2013 , ❑ by personal service by(certified)(registered)mail, sender's receipt attached hereto, and upon the appellee, (name) ,on Gr tj. Morrow +Su.Sah k �I�� h'1 l' J �i�t-, 20 ❑by personal service by(certified)(registered)mail, o Y'alr sender's receipt attached hereto. (SWORN)(AFFIRMED)A D SUB�,SCRIBED BEFORE ME THISgA7& DAY OF i ,20 r Sign tur f o icraI before whom affidavit was made Signatur of iant ( L Title of offl9fal My commission expires on W,20 Ir COMMONWEALTK OF PENNSYLVANIA Notarial Seal Mary M.Price,Notary Public Carlisle Boro,Cumberland County My Commis0on Expires Aug.18,2015 ML'Aw R,pmNSYtvANIA ASSOCIATION OF NOTARIES AOPC 312A-05 Postal • r • • [tt (Domestic Mail Only,No Insurance Coverage Provided) C3 n.i IV OFFICIAL USE" M Postage $ 4(o CerHBed Fee Postmark L'3 Return RecP•ree . � here M (Endorsement Required) _ C3 Restricted Delivery Fee C3 (Endon;ement Requkd) -0 �! C3 Total Postage&Fees Seri o ` r_zl M Street t.N"ri. tti or P0t3oxNo. v ........ ---- ---- --_°---- 1p .°. _ --- °° . Ciry State,2f Postal cc CERTIFIED A • • E3 womestic Mail 1 NO Insurance Coverage provided) C3 C3 M FFICI W 97E7 AL ' C ' 4 L ru Postage $ 46 t1J r_1 Certified Fee f N O Return Receipt Fee "K&Mark (Endorsement Required) l'`S Here Restricted Delivery Fee C3 (Endorsement Required) M tt.f Totai Postage&Few r or No. airy;;, - �q r i (( �ft�jd1�1fE'�1�.lP`ilr�� +1 •,, r f J• tt �LILAKIS w � S Y �° Jason P.Kutulakis,Esquire Attorney I.D.#: 80411 2 West High Street Carlisle,PA 17013 (717)249-0900 GAWIN B. and, IN THE COURT OF COMMON PLEAS OF SUSAN K. MORROW, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs DOCKET NO.: 13-2232 V. CIVIL ACTION—IN LAW JACOB LEMAY,and KRISTI LEMAY Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Defendants,Jacob Lemay and Kristi Lemay c/o Katie J. Maxwell,Esquire Mattson Law Offices 10 E. High Street Carlisle,PA 17013 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA ONLY) or 717-238-6715 Respectfully Submitted, ABOM&KUTULAKIS,LLP Date: / )Zest son Ku akis,Esquire rn y ID # 80411 igh Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs TAB OM & &U l ULAKIS Jason P.Kutulakis,Esquire Attorney I.D.#: 80411 2 West High Street Carlisle,PA 17013 (717)249-0900 GAWIN B. and, IN THE COURT OF COMMON PLEAS OF SUSAN K. MORROW, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs DOCKET NO.: 13-2232 V. CIVIL ACTION—IN LAW JACOB LEMAY, and KRISTI LEMAY Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Gawin B. and Susan K. Morrow, by and through their attorney, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and files the within Complaint averring the following: 1. Plaintiffs are Gawin B. and Susan K. Morrow, married adult individuals residing at 319 West Creek Road, Newburg, Cumberland County, Pennsylvania, 17240 and represented by Jason P. Kutulakis,Esquire of ABOM&KUTULAKIS, L.L.P. 2. Defendants are Jacob Lemay and Kristi Lemay, mother and son residing at 11 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257 and currently represented by Katie J. Maxwell,Esquire, of Martson Law Offices. 3. Plaintiffs filed a Complaint in Magisterial District Number 09-3-01, the Honorable H. Anthony Adams against the Defendants seeking payment of$9,351.34. 4. On April 16, 2013, Plaintiffs received a Judgment against the Defendants at the MDJ level in the amount of$9,536.49. 5. Thereafter, on April 23, 2013, Defendants appealed the Judgment rendered against them to this Honorable Court and issued a Rule on Plaintiffs to file a Complaint at Docket No. 13- 2232 Civil. FACTUAL BACKGROUND 6. Paragraphs 1 through 5 are incorporated by reference herein as if set forth in full. 7. Prior to May 11, 2011, Defendant Jacob Lemay approached Plaintiffs Gawin Morrow and Susan Morrow regarding the Plaintiffs lending money to Defendant Jacob Lemay to purchase a vehicle. S. Defendant Jacob Lemay did not own nor have possession of a vehicle for his exclusive use at the time he approached the Plaintiffs. 9. Defendant Jacob Lemay told the Plaintiffs that he would make monthly payments to them until he turned 18 years old in the summer of 2012. 10. In the summer of 2012, Defendant Jacob Lemay told the Plaintiffs that he would be receiving a large settlement when he turned 18 from a personal injury award regarding a dog bite that he received when he was a young child. 11. Defendant Jacob Lemay told the Plaintiffs he would pay the remaining balance of the loan to the Plaintiffs out of his settlement money he would receive when he turned 18. 12. After Plaintiffs agreed to loan Defendant Jacob Lemay the money, Defendant Jacob Lemay - located a truck he wanted to purchase. 13. On May 20, 2011, Defendant Kristi Lemay signed a Used Vehicle Order for a Green 2001 Dodge Ram 2500, VIN 1B7KF23261J522964, at Final Drive Auto Sales for total As Is purchase price of$7,643.20. See Attached Used Vehicle Order Slip,Marked as Exhibit `##1." 14. On May 20, 2011, Defendants put $100.00 down on the truck leaving a balance owing of $7,543.20. 15. On May 23, 2011, Plaintiffs wrote a check to Final Drive Auto Sales, Inc. in the amount of $7,545.00 as agreed upon by Plaintiffs and Defendants previously. See Attached copy ofpersonal check,Marked as Exhibit `#2." 16. Shortly after the purchase of the truck, the truck was in need of some major repair work. 17. The Defendant Jacob Lemay approached the Plaintiffs in order to see if they could lend him money to get the truck repaired. 18. Plaintiffs agreed to lend Jacob the money and paid the $1,107.99 July 29, 2011 repair bill to Blue Mountain Car Care, Inc. for the repair of the 2001 Dodge Ram 2500 Pickup on August 2, 2011. See Attached Repair Bill,Marked as Exhibit V3." 19. Thereafter, on or about August 10, 2011, Defendants' truck needed additional repair work performed in the amount of$1,900.15. SeeAttacbed Repair Bill,Marked as Exbibit V 4." 20. Defendant Jacob Lemay again approached Plaintiffs in order to see if the Plaintiffs would lend him money for the repair of the truck. 21. Plaintiffs paid the truck repair bill in the amount of $1,900.15 on August 11, 2011. See Attached Plaints Credit Card Statement,Marked as Exhibit V 5." 22. In total, Defendant Jacob Lemay agreed to repay the Plaintiffs $10,553.14 ($7,545.00 + $1,107.99 + $1,900.15). 23. Defendant Jacob Lemay made a few payments to the Plaintiffs. 24. Plaintiffs did not give Defendant Jacob Lemay a receipt for any of his payments, but did make notations when he made payments. 25. A short time later,Defendant Jacob Lemay stopped making payments to Plaintiffs. 26. Plaintiffs had not heard from either of the Defendants for some time after Defendant Jacob Lemay stopped making payments. 27. Plaintiffs later learned that Defendants had sold the truck and purchased a car as a replacement for the truck. 28. At one point, Defendant Jacob Lemay called Plaintiff Gawin Morrow and told him he had paid$1,300.00 towards the loan Plaintiffs provided him for the truck purchase and repairs. 29. Plaintiffs' notes showed Defendant Jacob Lemay had only paid $600.00 towards the repayment of the loan. 30. However, Plaintiffs told Defendant Jacob Lemay that they would accept Defendant's assertion that he paid$1,300.00 towards the loan as true and not dispute as such. 31. Defendant Jacob Lemay tried to settle the amount due to the Plaintiffs by offering$4,000.00 as payment in full for the loan. 32. Plaintiffs told the Defendant that $4,000.00 was an unacceptable figure as the total owed to the Plaintiffs after the $1,300.00 of payments was applied to the entire balance was $9,253.14. 33. Plaintiff Gawin Morrow stated to Defendant that he would accept $8,000.00 as payment in full for the loan by Defendant paying $4,000.00 now and paying the remainder of the balance later. 34. Defendant Jacob Lemay still insisted that he would either pay $4,000.00 as satisfaction for the loan or nothing at all. 35. Plaintiff and Defendant did not come to an agreement for the repayment of the loan. 36. Thereafter, Defendant Jacob Lemay told numerous people that he was refusing to pay the Plaintiffs because they never loaned him money. COUNT I —BREACH OF CONTRACT 37. Paragraphs 1 through 36 are incorporated by reference herein as if set forth in full. 38. Plaintiffs and Defendants entered into an oral contract in approximately July 2011. 39. The essential terms of the contract included the Plaintiffs lending money to the Defendants for the purchase of an automobile for the Defendant Jacob Lemay with Defendant Jacob Lemay repaying .the loan in monthly payments until he received his personal injury settlement whereby he would repay the outstanding balance in full at that time. 40. Additionally, the Plaintiffs and Defendants entered into an oral contract whereby the Defendant Jacob Lemay borrowed money for the repair of the vehicle. 41. Defendants subsequently did not repay the Plaintiffs the balance of the outstanding loan. WHEREFORE, the Plaintiffs respectfully demand judgment in their favor and against the Defendant in the amount of$9,253.14, plus interest, attorney's fees, and costs associated with the within action. COUNT II—UNJUST ENRICHMENT (IN THE ALTERNATIVE) 42. Paragraphs 1 through 41 are incorporated by reference herein as if set forth in full. 43. The elements necessary to prove unjust enrichment in Pennsylvania are: "(1) benefits conferred on defendant by plaintiff; (2) appreciation of such benefits by defendant; and (3) acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value." Schenck v. K.E.David,Ltd., 666 A.2d 327, 328 (Pa. Super. 1995). 44. Plaintiff conferred benefits on the Defendants by lending the Defendants money to purchase the vehicle and repair the vehicle. 45. Defendants appreciated the benefits conferred by the Plaintiff by continually using the vehicle and later selling the vehicle to purchase another vehicle. 46. It would be wholly inequitable to allow the Defendants to retain the benefits of the money used to purchase and repair the vehicle for use by the Defendant and the subsequent sale of the vehicle and repurchase of a replacement vehicle without providing full repayment to the Plaintiffs. WHEREFORE WHEREFORE, the Plaintiffs respectfully demand judgment in their favor and against the Defendant in the amount of $9,253.14, plus interest, attorney's fees, and costs associated with the within action. COUNT III —FRAUD IN THE INDUCEMENT 47. Paragraphs 1 through 46 are incorporated by reference herein as if set forth in full. 48. In Pennsylvania, the elements necessary to prove fraud in the inducement includes: "(1) a representation; (2) which is material to the transaction at hand; (3) made falsely, with knowledge of its falsity or recklessness as to whether it is true or false; (4) with the intent of misleading another into relying on it; (5) justifiable reliance on the misrepresentation; and (6) the resulting injury was proximately caused by the reliance." Eigen v Textron Lycoming Reciprocating Engine Div., 874 A.2d 1179, 1185 (Pa. Super. 2005). 49. Defendants represented to the Plaintiff that Plaintiffs would be repaid in full when Defendant received his Personal Injury Settlement check. 50. Defendants falsely made the representation that Plaintiffs would be repaid from Defendants' settlement funds recklessly with the intent the Plaintiffs would more easily lend the Defendants money to purchase a vehicle. 51. The Plaintiffs relied on the Defendants' assertions that they would be repaid in full once Defendants'received the settlement. 52. Defendants refused to pay the loan in full once they received the settlement proceeds. WHEREFORE, the Plaintiffs respectfully demand judgment in their favor and against the Defendant in the amount of$9,253.14, plus interest, attorney's fees, and costs associated with the within action. Respectfully Submitted, ABOM&KUTULAKIS,LLP Date: ason utulakis, Esquire ttorney ID # 80411 West High Street Carlisle,PA 17013 (717) 249-0900 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. =13 --43 --%,k DATE GAWIN MORROW I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. 54904, relating to unsworn falsification to authorities. 13- I3 DATE SUSAN MORROW # 1 USED VE _E ORDER Datey Dealer , 20 v Address / City St. _ 3� Purchaser Phone: Address Phone: alk ,n1S � dt u City ENTER MY ORDE OR ONE St. / 7 ❑ CAR E3 TRUCK OR�____AS FOLLOWS %AR KE MO L B ERIALNO. MOTOR CO. � �' J �-°� _ CORD STOCK NO. PRIOR USE OF VEHICLE ❑USED - ❑ CAIP I❑ TRUCK ❑ OTHER CAR SALES PRICE ( ^j TOTAL PURCHASE PRICE 7 DELIVERY&HANDLING DEPOSIT O4� TAX USED CAR ' �'✓ ALLOWANCE $ FILING LESS LIEN LIC.PLATES $ S�U HELD BY REPAIR EQUITY SERVICE CASH ON DELIVERY OPTIONS TOTAL PAYMENT 3 DOC.PREPARATION REMARKS This information you see on the window form for this vehicle is part of this contract.Information on the window form overrides an contra rovisions in the contract of sale. TOTAL PURC ASE PRIC $ ' TRADE IN RECORD YEAR MAKE MODEL BODY ODOMETER SERIAL NO. MOTOR CO. COLOR STOCK NO. SOLD AS IS absolutely not guaranteed This motor vehicle is sold as is without any warranty either Parise of repairing or ecling any defects tha presently exists xorthat may occur t thevehicle.ser will bear the entire ex. Customer's Signature. v SOLD WITH WARRANTY We the dealer wa ranty,this vehicle for after delivery and dealer pays on a retail basis of parts and labor used.(Owner pays Of total retail cost of parts and labor used.)All repairs must be made in our service shop or shops authorized by dealer herein named.A full copy of the written warranty may be obtained. FROM (DEALER'S NAME) AT (DEALER'S ADDRESS) Dealer's Signature I have read the face and back of this order.and agree to this purchase contract.I hereby certify that I am 18 years of age or older and acknowledge receipt of a copy and Odometer statement.The figures in this order are predicated upon actual correct amount of the lien due on the trade-in vehicle. I agree to accept deliv ry 20 S.S.NO. . Buyer's Signatur y Address Phone Salesman �ER IS NOT VALID UNLESS SIGNED AND AC PTED BY DEALER Accepted by AUTO LINE#4300 REV.iii ee reverse side for additional terms an o ons. EALER'S SIGNATURE # 2 • _ View Check Imagd Page 1 of 1 %'--J'RRSTONVN A Tmditiat of F'xrellerrce ORRSTOWN BANK 77 East King Street Shippensburg, PA 172. View Check Image Bp-Y5IX33 292 GAWIN B MORROW 313 314 WEST CREEK ttn_ , _ _- NrW BURG,YA 17240 Eanrr c - .mac Ste" PAY TO 'If 1E QRDL.R DF ( � � � J�1 7 � fin-•^ A 7ivu[�n 9f�� .r hiFt.!al•. .. .... ... �:• 5 t.ZLZLS i•`.e:e �:::.. _ �--1L"!..f"C"..'_"�`�...._. _ FDIC EQU HOUS IENO „P.ttAIP-r rnM/Orr,,town/hbDisnlavCheck.cfm?CheckSide=O&TIFNumber=0&._. 3/11/2011 # 3 Page 1 oft Invo uuw �ad: 9042 Estimat PA #0 pateteti1�07/2912011 �•S,�P.I� = ,� ,�� � s ,R:nrtte�""°Time. 0�,. .. ���iaail�af�l� , t' �` , T,me.Fromtsed:812812011 5:30:52 PM Hat7Ref: OQ1atl QD F?A' 2546 PFI�'iKUP �-8 5 9L 360CID R GAS N`Z Lemay,.Knsty ay.,. VIN:WA522 64 r J. 11 Walnut bottom RD Date written, o7�zs�zoll, L,ce�54�,ZBF 7419 ` Nlll¢�yJjIG10 Shippensburg PA f1°7257 T r n� 1vllfe� e3t 115'964 Written By biome 3)'6327SUE Work+,� 91y2Q59U� 'f's 'tt;# h 4xE $ave Old Parts No l.42 4 x p 4 ✓k.f t t�✓ if � 6� - ` ... .... C 11 h 1R Ffo-x a S a a 7 L r n A r `;"�lechmiria� ��y List Extended. Job Na,�ne k z° 16'2.30 Fuel pump 17UFk` lased +ROrilove&*InstalUnew,ft( Ipurnp 454.99 Labor STD r , r y '+ 1 00` 454:`99 Part S,HV RL89 66,4F pal�purtip ft 71 r d Job Total 61729 A R� d , .r C� F3et�iO ONTS0t{f MA$t�! flovrmaster, 19-84 W,oftCRj sflpl� g ',install wmas}er muffler 3 Labor r 106 6500 65.60 BMCC FI g �gr rat Part o,� � :Job Total 194:84. A/G syst$m check Reco�(er,��accum,&;reCllarg'e del, _ sYt 't Q ,4 � war��g1pr001yF � x , 0 , txrl 14:20 81.15 recllargeA/C ' Labor STD Work.-Re'qu.este'd.Recover,-vagcum,& system wifh'oil dye 21.05 52.63 2:50 Part R1=34A. Freon/1b 5 Job Total 147.98 General check.o,ver ; ; tires f }, 45:44 V�(or1"Requested Check ll;bel{$&rhoses,:brakes;fluid Labor ST. >' levels& ligffs s. r D= oral .4.54 ----- - Job T 4 en�atio s RecommendedD,.,ate Mileage Des" FapfiQn rr n. 0 Joti'Name < �= 2 Flash P�M 3 PAS�ervl 4'Frt Diff 07/28!1,1- RO 09642 1 �C Evap ,i sTrns>er Cj�ase�$ervice _Seruic0 5 Rr Diff Service 6{,, . _ t 7 Battery Service' 8 Tun Op�, 9 �r P_irnon'S.eal' leakir)g" f 0 ManUal T,ransSru�C� '''11 RF axle seal leaking 12 ; o9{8ntiwas IpW�Ci radiatpr 'WATCH'' ,c T rs Invplce B6`wo r I l j J 'r X9042 Estip�4 ex�,2ef#k0 1 AM x SOS v7w r� �� PnnledTine 9 36 am,: Ttry1g'P�Olt�l�ed 8/2$00,11;5:30;52 PM Hat/Ref ; y' r 5• Lema ,Kris May© 1C?QDC1` 50RIGKt1P�xV8 SrL 3600iD FI GAS N�,;RA Y �, Y FS s i 3"�43 a ar r`'+�7 V 61 X5290<}� P71;6/201 1: s�zo� 11 Walnut bottom RD Gate wntten squc$nseyz�P�i41$ Shippensburg PA1 1+7257 r h Iv�ile�Be,Q f 11'6,964 Wfitten 6y;i Home:(423)6327SUE Vyohk (7:29)205 0, Mil 5ailp Old Parts, No Cell: ctnQM W sods Vii. `Oil Jt r 1r M�? 5 v, - � T �.x �X �� '�y4ir 3�,,+ �t`a?���- ro� �� PiX��rkh•'•4''�4�-1ti�#.,'.��" ! :%S .. _ `_ �' 3 L'v 'Se r y.l _ _ r �z •^ a+,tm.� 7 � - - "_ o _ E gel. � .� L�fra��'+Y✓� L. `�a.e g i�.r�r< .aa Sg !7 F Parts $586.82 L*a or. $41873 Method4Ur�t Payment Date TYge M!sa. $0:00 4 Payment TQtalay � ; _ ! ' r ' HazmatR $0.00 F7 ` _Supplies: $39:73 , Tax Tot $62 1� Invoice T I ;$1,107.99 �r THANK Y.OU 0 2 ALLOV.V G US. 0 SERVE'-YOU THIS YEAR IT IS OUR RF2IVILEGE!1' # 4 g , E Page 1 of 2 ' 1 t Blue Mountain Car Care, Inc. Invoice 198 Newville Road 9063 Newburg, PA 17240 Estimate Ref#0 Shop Phone:423-6933 or 0127 Date Printed: 08/11/2011 Fax: (717)423-0127 Printed Time: 3:35 pm Email: blmtcc @live.com Time Promised:9/11/2011 1:29:23 PM Hat/Ref. Lemay, Kristy May 2001 DODGE RAM 2500.PICKUP V8 5.91-360CID FI GAS N Z 11 Walnut bottom RD VIN:61J522964 Shippensburg, PA 17257 License:ZBF 1419 Mileage In:0 Date written: 08/01/2011 Home: (423)6327SUE Work: (729)2059SUE unit#: Mileage Out: 116,272 Written By: Cell:- DOM: Save Old Parts: No Job Name Description Technician Qty List Extended Battery Service Labor STD Work Requested-Clean positive and negative cables 19.48 Job Total: 19.48 ----- . Tune-Up Labor STD Work Requested-Remove and Install Tune-up parts, 162.30 Plugs (Champion) ,wires , cap&rotor (MOPAR) , PCV valve, &set DIST.to 0 MOPAR spec. & performed relearn on engine. Part Shive-5175352AA PCV-Valve 1.00 8.43 8.43 Part Shive-5142591AA Distributor Cap 1.00 20.83 20.83 Part Shive-SPORC12LC4 Spark Plug 8.00' 4.15 33.20 Part Shive-4728038AF Cable 1.00 79.92 79.92 Part Shive-5142586AA Distributor Rotor 1.00 12.63 12.63 Job Total: 317.31 ADDITIVE Part BG203 BG: Fuel Supplement--CF5 1.00 11.48 11.48 Part BG208 BG:44K Power Enchanter 1.00 22.87 22.87 Job Total: 34.35 ---------- ---- --- -- -------- .__..._--- ------ -- -- Replace Carrier Bearings Part Shive-4746603 Pinion Bearing &race (rear) 1.00 148.80 148.80 Part Shive-4746604 Pinion Bearing&race(front} 1.00 96.87 96.87 Part Shive-1795175 Washer-Pinion 1.00 6.49 6.49 Part Shive-5191197AA Nut-Pinion 1.00 4.87 4.87 Part Shive-5012846AB Pinion Seal 1.00 30.17 30.17 Part Shive-4746606 Spacer Pinion (Crush sleeve) 1.00 14.05 14.05 Part Rockland-708013 Carrier, loaded trac-lock 30 spline(Dana 60) 1.00 470.06 . 470.06 Labor STD Work Requested-Remove&install center section (NEW 519:36 ) , replaced all bearing in center of rear(NEW) . Install new shim&hardware in rear center section . Reuse old gear set. Set gear pattern to chrysler spec. (Gears may + make_ some noise while driving truck). Part Shive-4384186 Axle Flange Gaskets 2.00 3.84 7.68 Part Pennstone- Gear Oil Mobil 1 (Synth)75w90 qt 3.00 11.44 34.32 Part BG792 BG: Syncro Shift II 2.00 24.53 49.06 Job Total: 1,.381.73 tt " � c Invoice raye ui Blue Mountain Car Care, Inc. 198 Newville Road 9063 Newburg, PA 17240 Estimate Ref#0 Shop Phone:423?6933 or 0127 Date Printed:08/11/2011 Fax:(717)423-0127 Printed Time: 3:35 pm Email: bimtcc@live.com Time Promised:9/11/2011 1:29:23 PM HaURef: Lemay, Kristy May 2001 DODGE RAM 2500 PICKUP V8 5.9L 360CID Fl GAS N Z VIN:61J522964 11 Walnut bottom RD License:ZBF 1419 Mileage In: 0 Date written: 08/01/2011 Shippensburg, PA 17257 Home: (423)6327SUE Work: (729)2059SUE Unit#: Mileage Out: 116,272 Written DoM: Save Old Parts: No Celt: Revision History Authorized By Phone#/In Person Revision# Date No Phone Given 9,422 8/10/2011 2:00:01 PM Sue Additional Cost $ 1,707.48 Reason: phone call by Corey Original Estimate: $424.49 Total Revisions: $ 1,707.48 Current Estimate: $ 1,900.15 Recommendations Recommended Date Mileage Job Name Description 0 07/28/11 RO #9042 1. A/C Evap. 2. Flash PCM 3. P/S rvice RF axle seal leaking coolant was low in radiator""WATCH" - There is a 1 yr.112,000 mile warranty on parts/labor. Parts: $1,051.73 Amount Labor: $701.14 Payment Date Type Method Sublet: $0.00• 8/11/2011 Credit Visa 1,900.15 Misc: $0.00 Payment Totals: $1,900.15 Hazmat: $0.00 Supplies: $39.73 Tax Total: _$,J_07-__5_E ,Invoice Total: . $1,900.15 Less Paid:' \ 1,900.1: Balance Due: —'—$ THANK YOU FOR ALLOWING US TO SERVE YOU THIS YEAR. IT IS OUR PRIVILEGE!! # 5 CHASE Cy � ® Manage your account online: Customer so2 rvice nidorlmation an back www.chase.com/freedom ACCOUNT SUMMARY PAYMENT INFORMATION $5,641.73 Account Number: 4147 2020 3350 0925 New Balance payment Due Date 09/16/1 i Previous Balance $1,421.39 $56.00 .$1,608.49 Minimum Payment Due Payment,Credits Late Payment Warning: if we do not receive your minimum 0.83 Purchases +$5`8$ y $0 00 payment by the date listed above,you may have to pay a late fee of Cash Advances up to$35.00 and your APR's will be subject to increase to a Balance Transfers $0.00 maximum Penalty APR of 29.99%. Fees Charged $0.00 Minimum Payment Warning: if you make only the minimum $0.00 payment each period,you will pay more in interest and it will take interest Charged you longer to pay off your balance. For example: New Balance $5,641.73 07/20/11 -08/19/11 If you make no You will pay off the And you will and up Opening/Closing Date additional charges balance shown on paying an estimated Credit Access Line $20,200 using this card and this statement in total of... $14,558 each month you about... ; Available Credit pay... Cash Access Line z $20,200 Available for Cast/ $14,558 Only the minimum 19 Years $11'636 payment $194 3 years $6,974 (Savings=$4,662) 4" If you would like information about credit counseling services,call 1-866-797-2885. CHASE FREEDOM: ULXMATE REWARDS SUMM ARY Earn an unlimited 1%cash back on all your Previous points balance 5,642 purchases. You'll earn a total of 5%Cash Back Paints earned on purchases 700 in quarterly bonus categories that change. Bonus from 5%categories:Jul-Sept 0 Signing up is free and easy! 5%Cash Back Bonus points from Ultimate Rewards Travel 0 categories are subject to a quarterly maximum. Bonus points earned at Ultimate Rewards Mail 7,337 gee full details at chase.com/freedom. Current points balance Redeeming your points for cash back is easy! For example,2,000 points=$20 cash back' You can receive a check,statement credit,or even direct deposit into your Chase Checking account. Did you know that you can get a discount when you redeem your Just visit.www.chase.com/freedom to see all of your redemption options or call the number on the bank points for select gift cards.'? of your card. ACCOUNT ACTIVITY ••- -� Date of $Amount Transaction Merchant Name or Transaction Description 19.95 07!27 !NT*US SEARCH SERVICES 800-877-3272 WA 19.95 07/27 INT*US SEARCH SERVICES 800-877-3272 WA -19.95 07/27 INT*US SEARCH SERVICES 800-877-3272 WA -19.95 07/27 INT*US IDENTITYPROTECT 888-974-8906 WA -19.95 07/27 INT*US IDENTITYPROTECT 888-974-8906 WA -59.95 07/27 INT*US SEARCH SERVICES 800-877-3272 WA 1,421.39 08/03 Payment Thank You Electronic Chk -27,40 08/10 PAYPAL*JOJOSCIRCUS 402-935-7733 CA i 3.57 07/20 APL*ITUNES 866-712-7753 CA 5.85 07120 APL*ITUNES 866-712-7753 CA 30,59 07/21 FUDDRUCKERS#612 CHAMBERSBURG PA 22.32 07/21 WM SUPERCENTER SHIPPENSBURG PA 42.98 07/21 LOWES#02816*SHIPPENSBURG PA 000 N Z 19 11108ilg Page 1 of 2 06610 MA MA 29749 23110000060482974901 0000001 1=1S33338 D 6 _V}04041MS15196 07/20/11 0�,.d/11 �I-SASE i r. 4147 2020 3350 0925 Page 2 of 2 a t1NT ACTIVITY (CONTINUED) �d of $Amount .isaction Merchant Name or Transaction Description 145.95 1/22 MARSHALLS#834 MECHANICSBURG PA 36.00 07/22 THE OLIVE GARD00014712 MECHANICSBURG PA 38.40 07/21 MOUNTAIN VIEW VETERINARY SHIPPENSBURG PA 7.53 ® 07/23 APL*APPLE(TUNES STORE 866-712-7753 CA 5.99 07/24 GULF OIL 92010387 SPRING RUN PA 165.73 07/24 THE NEW FORTRESTAURANT FORTLITTELTON PA 8 39 07/24 THE NEW FORTRESTAURANT FORTLITTELTON PA 8 22 07/27 APL*APPLE ITUNES STORE 866-712-7753 CA 182.51 07/28 WM SUPERCENTER SHIPPENSBURG PA 52.98 07/29 MARTIN GENERAL STORE#ORBISONIA PA 07/31 TARGET 00022418 CHAMBERSBURG PA 1 107 99 f 08/02 BLUE MTN CAR CARE NEWBURG PA 08/04 LANE BRYANT 00.045153 HARRISBURG PA 77.97 08/04 JCPENNEY STORE 2878 HARRISBURG PA 405.00 08/03 GARY S DAVIS DDS PC SHIPPENSBURG PA 150.00 08/04 JCPENNEY STORE 2878 HARRISBURG PA 95.59 08/07 THIRTY-ONE 740-966-3800 OH 58.42 08/08 RED ROBIN #463 CHAMBERSBURG PA 34.97 08/08 FRANKLIN HARDWARE&PET CHAMBERSBURG PA 30.73 08/08 0305 YANKEE CANDLE CAMP HILL PA 359.35 08/08 VERIZON WRLS.MYACCT VE 800-9220204 CA 88.37 08/08 CARRABBAS#8909 MECHANICSBURG PA 27.40 08/10 PAYPAL*JOJOSCIRCUS 402-935-7733 CA 4.64 08/10 PAYPAL*QINGQUN1618 402-935-7733 CA 60.86 08/10 PAYPAL*PAYPALNOW.402-935-7733 CA 9 08/10 PAYPAL*BODYJEWELRY 402-935-7733 GA 1,900.15 08/11 BLUE MTN CAR CARE NEWBURG PA 62.00 08/13 SHEETZ 00004127 HARRISBURG PA. 54.00 08/13 SHEETZ oob02329 MT HOLLY SPRG PA 106.00 08/15 WM SUPERCENTER SHIPPENSBURG PA 42.93 08/17 AMAZON MKTPLACE PMTS AMZN.COM/BILL WA 1"15 o0 08/15 GARY S DAVIS DDS PC SHIPPENSBURG PA 57.76 08/16 AMAZON MKTPLACE PMTS AMZN.COM/BILL WA 60.00 08/15 GARY S DAVIS DDS PC SHIPPENSBURG PA 83.95 08/17 WM SUPERCENTER SHIPPENSBURG PA 8.79 08/18 AMAZON MKTPLACE PMTS AMZN.COM/BILL WA 7Total charged in 2011 $0.00 est charged in 2011 $0.00 Year-to-date totals reflect all charges minus any refunds applied to your account. INTEREST CHARGES Your Annual Percentage Rate(R`"�t r' -ti,`°�'=' `nter':' :r account. SHIPPENSBURG PA '-nce Interest Balance Charges Type 0fff �'� M, 000 N Z 79 11/08/19 Page 7 of 2 06610 MAMA 2914 7 Purchases ��Hgr �.,...... CERTIFICATE OF SERVICE AND NOW, this 13TH day of May, 2013, I, Shannon Freeman, of ABOM KUTULAKIs, LL P,hereby certify that I did serve a true and correct copy of the foregoing Amended Complaint by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Katie J. Maxwell, Esquire Martson Law Offices 10 East High Street Carlisle,PA 17013 Attorney for the Defendatns annon Freema KOM ' S�TLILAKI Jason P.Kutulakis,Esquire Attorney I.D.No:80411 2 West High Street Carlisle,Pennsylvania 17013 (717)249-0900 GAWIN B. and, IN THE COURT OF COMMON PLEAS OF SUSAN K. MORROW, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs DOCKET NO.: 13-2232 V. CIVIL ACTION—IN LAW JACOB LEMAY, and KRISTI LEMAY Defendants JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I,Katie Maxwell,Esquire, on behalf of Defendants,Jacob Lemay and Kristi Lemay, hereby accept service of the Complaint and certify that I am authorized to do so. Date: , , 2013 Katie Ma Esquire Supreme e0u;ID# 206018 MARTSONLAW OFFICES 10 E. High Street Carlisle, PA 17013 c �_ r -r C1 ' F