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Home My WebLink About13-5533 COMMONWEALTH OF PENNSYLVANIA. `COURT OF COMMON PLEAS NOTICE OF APPEAL _lsciicial- District. County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT c 2 COMMON PLEAS No. /3- 3 J r eib t L NOTICE Of APPEAL Notice is given that the appenant 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. 1 ! E OF APPEL MAG: DIST- NO. NAME OF MDJ r ' n le 14 -cill -o -a -o Non *- CA e ADDRESS OF APPELLANT CITY STATE ZIP CODE 1 o �tr� sb� r A DATE OF JUDGMENT IN HE CASE OF (Plaintiff II (Defeo ant)' C - z .- 2� � , l.eM 11k Vs i M - DOCKET No SIGNATURE OF APPELLANT OR ATTORNEY O T ICI S - oq2 0l- C. v - 00000�7 Z - 2 a 13 I� This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUP €RSE01EAS to the judgment far possession in this Ease. within t► ty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO -ENTER RULE To FILE COMPLAINT AND RULE TO PILE ('This section of form to be ,used ONLY when appellant was DEFENDANT (see Pa.R.C.PD_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 1 t� (� f n ,� ; r appeltee(s), to file a compCaint in this appea! Afame of apWee(s) (Common Pleas No. — J v Cl 1J I Z ) 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 ✓` 1 2 /y1 ; / -Q appellees) Name of appellee(s) f 1l Yoe are riot ed that a rile 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 mile "if service was by mail is the date of the mailing. Date: D 20 3 I . Signature of Prothonotary or Deputy YOU MUST 1NCLUDE.A.COPY OF THEN T JUDGMENTITRANSCRIPT FORM WITH. THIS NOTICE -OF APPEAL.. ° y�R ,�sIM�� 0 3 a/P,Z1' COMMONWEALTH OF plrtvNsvL;iANlA `Noflce of JudgmentfTranscript C Case - Nina M Lemire i Fag: Dist No MDJ- 09-2 -01 V J ' Add G,G ��0 D;F Fume: Honorable Pahl M Fegley .�q� �y �+ may s iris Auto Nate (Hoda=). f e�3s. x Road . Suite 3 Carlisle, PA 17013 Telephone: 7'f.7 -21 &52513 PrimeA tli t (tioda) - Docket Na MJ- 09201- CV -OOM -201.3 1500 Harrisburg Pike Case Red: 7/2212013 Carlisle, RA 17015 DIS-positiOn Summate mitt t 02% J.�ent for Phaintiff .F}ac et 156o tain+df# fa �s 3 k4j- 001 920 -CV- ()000072-2013 Nina IM f ernire Prime Auto Sate (Hoda) Judgment Sum mary Amou Participant JointLSeveral Liability ndividual Li ability $0.00 $0 00 Nina M 80.00 Lemire 602..33 $2,602.33 P(Wrle Autry Sate (14ada). Judgment Detail (" PastJudgment . . Sale (Hoda) on 8/29/2013 the judgment was awarded as follows: In the matter of Nina M Lemire vs. Prime Auto Amount Judo lent Component Joint/Several di Liability Individual Liability Deposit Applied Am - $2 m ount CnMI Judgment $0:00 82,426.85. $tzs.4s Filing F 80- .00 53.7;48: Grand Total: $2,602:33 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL" WITH' THE pROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OP THIS NOTICE OF jUDGM( NT.fTRANSPRIPT FQRM, VWT I-I YOUR. NOTICE of A P.PE.AL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOP, MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS To ENTER THE JUDGMENT` IN THE COURT OF COMMON FLEAS, ALL FURTH PROCESS MUST COME FROM THE CESS COURT OF COMMON PLEAS NTNS NO F TH NT HE LOUR OP COMMON PL ANYONE MAGIST NTERESTED IN THE JUDGMENT MAY FILE A UNLESS THE JUDGME REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, COM PLIES VOTH THE JUDGMENT- OR OTOTHERWISE A >' Date Magisterial pistrici Judge Paul M Fegley �a�"' i *1ti that mhrs i5 aTrtie ail e C t freWMf t e P 9S CUtiiSil[itlg Lhe Ia gmBnt, Date Magisterial District Judge page 1 of 2 Printed 08130/201310:09:49AM MD;TS 315 Alum M. Lecnir€ CV-72-13 Disposition Date: 0$!29113 vs. prime Auto Sale (Hoda) Vehicle was said "As Is7. However, vehicle had current inspection Stiicckerr h ichDs o d never od "As been on vehicle 131aintiff bought vehicle believing inspection, w as g or didnIt eve proper not absolved from the Inspection S ticker even thoug third ley Inspection_ Docket No. Mj- 09201- CVM0 00722013 Dina- M lemire u- Prime Auto Sale (Hoda) Participant List Plaintiff(S) Nina M Lemire 3003 Donna Jane Court ,opt 0304 Harrisburg, PA 17109 Defendant(s) Prime Auto Sale (Hods) - - - - - j5W t-tarrisbirr9 .Pike- DadWe, PA 17015 printed {t$l30201310,09;49AM Page 2of.2 CARLISLE MPO V d-- CARLISLE, Pennsylvania Ci 170139998 E3 13 13 L 4134870013 -0093 ,y 09/20/2013 (800)275-8777 01:01:28 PM > C3 Sales Receipt Product Sale Unit Final Description Qty Price Price o �. 1 $0.58 . ; . (Forever) O C3 $058 Bank Swallow d Q- PSA #10 .�_ Envelope =•` (3"' M1! HARRISBURG PA 17109 Zone-1 $0.46 First-Class Mail Letter 0.40 oz. '<.A rril Scheduled Delivery Day: Sat 09/21/13$4.75 Restricted Delivery o-- Return Rcpt (Green Card) $2.55 @@ Certified $3.10 _ Label #: 70131710000064606590 Issue PVI: $11.44 Total: -�- Paid by: E r Debit Card $11.44 �� " z ; Account #: XXXXXXXXXXXX6456 Approval #: 451605 Transaction #: 860 ■ ■ ■ r �i�+++""" 23 903110013 - - Receipt#: 002077 @@ For tracking or inquiries go to USPS.com or call 1-800-222-1811. wwww,rww,rwwww,+w,rww,tww,twwwwww,rwwww,rwwwwwww w w,t w,t,tw,r w w,t,t w,r,r,t,w,t,r,t w,v,t,t w w w,r,ir,nw w,t,t w w w w w w BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. wwwwwwwwwwwwwwww,tww,rw,twwwwwwwwwwwwwwwwww wwwwwwwwwwwwwwwwwwww,twwwww,rw,rwwwwwwwwwww Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. wwwwwwwwwwwwwwwwaw,►wwwwwwwwwwwwwwwwwwwww vwwwww,rwwwwwwwwwwwwwwwwwwwwww,rwwwwwwwwww Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww wwwwwwwwwwww,rwwww,rwwwwwww,rwwww,rww,rwwwwww Bill#: 1000705155496 Clerk: 08 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business wwwwwwwwwwwwwwww,+ww,rwwwwwwwwwwwwwwwwwwww wwww,+wwwwww,rw,rwwwwwwwwwwwvrwwwww,rwwwwwwww HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS . . . ._.-y�yy�.yywwwwwwwwwwwwwwww CZ K fli MEMNON CARLISLE MPO CARLISLE, Pennsylvania 4 0 170139998 wuao:° 4134870013 -0093 1 c 09/20/2013 (800)275-8777 01:01:28 PM 4 .1 ;a i Sales Receipt Product Sale Unit Final Description Qty Price Price (Forever) 1 $0.58 $0.58 Bank Swallow PSA #10 Envelope AU' - HARRISBURG PA 17109 Zone-1 $0.46 !I First-Class Mail Letter �S , E 0.40 oz. /�H'd 'c� �... Scheduled Delivery Day: Sat 09/21/13 Restricted Delivery $4.75 p5l Return Rcpt (Green Card) $2.55 cv @@ Certified ,n -- Label #: 70131710000064606590 10 0: ° C� .. saraissas 0) a: --- Issue PVI: m $10.66 o a � N Total: $11.44 " r Paid by: Debit Card N Account #: XXXXXXXXXXXX64561.44 0 Approval #: 451605 Transaction #: 860 Z 23 903110013 D Receipt#: 002077 @@ For tracking or inquiries go to USPS.com or call 1-800-222-1811. **w*wwwwwwwwwwwwwwww********w***wwwwwwww wwwwww,rwwwwwwwww,rw*ww**ww**w****wwwwwwww BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. wwww'"wwwwww wwww***************wwwwwwwwww www ww'"*****w**w**w*****wwwwwwww*wwwwwwww Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-LISPS. wwww'"wwwww'"www*w****w********wwwwwwwwwww wwwwwwwwwww"'www'"ww*****w**+**w***wwwwwwww Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. wwwww wwww w**********ww*w***wwwwwwwwwwwww '"wwwwww'"w'"www'"ww*w***w****w**ww*wwwwwwww Bill#: 1000705155496 Clerk: 08 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business wwwwwwwwwww w**w********w*****ww*wwwwwwww ww"wwwwwww ww'"w******w****ww***w*wwwwwwww HELP US SERVE YOU BETTER Go to: https://postaiexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS yyy�w Postal C7 CERTIFIED MAIL,. RECEIPT d- D. (Zyly;No Insurance Coverage Provided) Ln -0 For delivery iniformation visit our website at www.usps.corna 7 T.U. t l) i 1,U t.� lfIj � Postage $ .11 9 ^�r': , X111 SEP 26 AN 10: 48' I3 Certified Fee r C �3 i`) Return ReceiptFea �,a. He U "t[) t Altt1f4° I3 (Endorsement Required) Q''i �/ U Restricted Delivery Fee $4.75 PENNSYLVANIA LVANIA � (Endorsement Required) Total Postage&Fees M Sent To r-1 -------- l_i� ---t�m-i ------- ------ O Street,Apt.No.; t^� r`- or PO Box No. -tQ3 -�.nC� ��_�Qll �lJ City State,ZIP+4�Yb ` RULE TO FILE COMPLAINT s of serviee MUST SE FILED 4�1 71-hM TEN(10)DAYS A of the notice of appeal. Cheek amicable boxes.} COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAM. I hereby(swear)(affinn)that I semi 7 jJ a copy of the Notice of Appeal,Common Pleas Noi3"S�th�pOn the Magisterial District Judge designated therein on (date Aeflrili—ao,20 1 C by personal service ❑ by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee, (name)t4 i M i on . 3 Oby persorud service❑ b (c ertiftei) registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME TMS _DAY Olrt ,20 =43- Signature of ciat befare whom affidavit was made Signature of.29 of 6 1Ag�Comn� � COW PAgn.ip1� ;fiae of official ,my commission expires can / 20 AOPC 312A-05 i PROOF OF PERSONAL SERVICE FOR NOTICE OF APPEAL FROM MAGISTERIAL D STR1CT JUDGE JUDGMENT COMMON PLEASE NO. 13-5533 CIVIL TERM Nina M Lemire -(Appellee) V Prune Auto Sale(Hoda)-(Appellant) X] PERSONAL DELIVERY. On September 20, 2013 I Hoda Abdalla from Prime Auto Sale(Appellant)served the documents)listed below to Magisterial District Jude Judgment office of Cumberland County by hand delivering a true copy to the address as follows: Magisterial District Jude Office 2260 Spring Road, Suite 3 Carlisle PA 17013 -.O:r _...Co I declare that the above personal service delivery is true and correct. z rn r-' �r-- r. n )lle� 2! Signatm Servicefi , Attachments: NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDMENT COMMON PLEAS NO. 13-5533 CIVIL TERM. COMMONWEALTH OF PENNSYLVANIA—COURT OF COMMON PLEAS-Judicial District, County of Cumberland Signature Recipient Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • vs. : DOCKET NO. 13-5533 • Prime Auto Sale (Hoda) : CIVIL TERM Fri --1 © 4_J -- r r "'.C" °!:'t is=:> c-- -?r 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 13-5533 Prime Auto Sale (Hoda) : CIVIL TERM COMPLAINT 1. The Plaintiff is Nina Lemire who is an adult individual residing at 26 North Walnut Street, Hummelstown, Pennsylvania, 17036. 2. The Defendant is Prime Auto Sale (Hoda), a business entity, that conducts business at 1500 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. The Defendant is in the business of car sales and maintains a sales lot at its above address. 4. In February 2013 the Plaintiff entered said sales lot and looked at a 1999 BMW 323i that Defendant offered for sale. 5. At the time said vehicle had state inspection and emissions stickers affixed to its windshield indicating that the vehicle had passed both state inspections in February of 2013. 6. Defendant's agent/employee Abdalla Hoda additionally indicated to Plaintiff that the vehicle had passed both inspections and that the vehicle was in"great condition." 7. The Plaintiff subsequently purchased the vehicle from the Defendant for a total of$4,706.50. 8. The Plaintiff was pulled over by police the following day and was issued a citation due to the vehicle's lights being painted; the vehicle should not have passed inspection due to said painted lights. 9. The Plaintiff immediately had various other problems with the vehicle and soon discovered that it should not have lawfully passed inspection in February for the following reasons: a. The aforementioned painted lights; b. Worn arm bars; c. Worn ball joints; and d. Malfunctioning 02 sensors. 10. The Plaintiff was damaged in that she spent a total of$2,426.85 for the costs of repair of the above items and rental car. 11. The Plaintiff lost a day of work to deal with the above repairs which damaged her in the amount of$107.36 in lost wages. COUNT I VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 12. Previous paragraphs are incorporated herein. 13. The Plaintiff purchased the aforementioned vehicle for her personal, family, and household purposes. 14. Defendant's agents and/or employees knew or should have known that the inspection stickers displayed on the aforementioned vehicle were obtained improperly and/or unlawfully and/or fraudulently. 15. Defendant's agents and/or employees knew or should have known that the inspection stickers displayed on the aforementioned vehicle were issued improperly and/or unlawfully and/or fraudulently. 16. The Defendant's use of said inspection stickers in the marketing and selling of said vehicle to Plaintiff was in violation of the Unfair Trade Practices and Consumer Protection Law, under 73 Pa.C.S. §201-1 et seq., in that: a. Said act caused Plaintiff confusion or misunderstanding as to the approval or certification of the vehicle. b. Said act represented the vehicle to have approval, characteristics, and benefits that it did not have. c. Said act represented that the car was of a particular standard, quality or grade that it was not. 17. Due to said violation, the Plaintiff has suffered monetary damages including, but not limited, the cost of repairing/replacing said vehicle and the loss of the funds used in the purchase of the vehicle. WHEREFORE, Plaintiff requests an award of three times her actual damages sustained together with the costs of litigation, counsel fees and any other relief deemed appropriate by the Court. COUNT II BREACH CONTRACT 18. Previous paragraphs are incorporated herein. 19. The Defendant offered the subject vehicle for sale while holding out that the vehicle was properly and lawfully inspected and in a suitable condition to lawfully operate. 20. The Plaintiff provided valuable consideration for the subject vehicle based upon the Defendant's representation that the vehicle was properly and lawfully inspected and in a suitable condition to lawfully operate. 21. The vehicle was not, in fact, properly and lawfully inspected and in a suitable condition to lawfully operate. 22. The Defendant breached its contract with Plaintiff by failing to provide said vehicle in its advertised condition. WHEREFORE, the Plaintiff requests an award for her damages associated the purchase and/or repair and/or replacement of the subject vehicle. COUNT III (IN THE ALTERNATIVE) FAILURE OF CONSIDERATION/MUTUAL MISTAKE OF FACT 23. Previous paragraphs are incorporated herein. 24. In the event that the trier of fact determines that agents and/or employees of Defendant reasonably did not know that the vehicle was not lawfully inspected, the contract is void/unenforceable due to failure of consideration and/or mutual mistake of fact in that the Plaintiff did not receive consideration as intended by the parties or otherwise in exchange for funds that she paid to the Defendant. WHEREFORE, the Plaintiff requests an award for her damages associated the purchase and/or repair and/or replacement of the subject vehicle. COUNT IV (IN TH ALTERNATIVE) UNJUST ENRICHMENT 25. Previous paragraphs are incorporated herein. 26. In the event that the trier of fact determines that agents and/or employees of Defendant reasonably did or did not know that the vehicle was not lawfully inspected the Defendant has been unjustly enriched at Plaintiff's expense in that the Defendant received unfair compensation for the subject vehicle from Plaintiff based upon the facts set forth above. WHEREFORE, the Plaintiff requests an award for her damages associated the purchase and/or repair and/or replacement of the subject vehicle. Respectfully submitted, A (a it o I3 ifina Lemire, Pro Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 13-5533 Prime Auto Sale (Hoda) : CIVIL TERM VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. �. - - roe ()II 3 Nina Lemire Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 13-5533 Prime Auto Sale (Hoda) : CIVIL TERM CERTIFICATE OF SERVICE I, Nina Lemire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: Prime Auto Sale (Hoda) 1500 Harrisburg Pike Carlisle, PA 17015 1011 O /13 Nina Lemire Nina M. Lemire IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 13-5533 Prime Auto Sale Defendant : CIVIL TERM RESPONSE ; y 1. The Defendant, Prime Auto Sale, is a small business entity, operating as a re-seller of used cars at 1500 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 2. Defendant and/or its agents/employees do not perform any mechanical or inspection work on any of the vehicles they re-sell. 3. Defendant forms reliance on state sanctioned and licensed mechanical shops to perform said inspections, as is compliant with the state and federal laws. 4. Defendant has no reasonable way to verify the results of mechanical and/or state emissions inspection results EXCEPT to rely on state-sanctioned documentation provided. 5. Defendant allows all customers/car buyers to verify and inspect vehicles prior to any purchase and using any mechanic/shop the buyer wishes to use. 6. FURTHERMORE, Defendant provides customers/car buyers with a requisite Buyers Guide with a NO WARRANTY clause included. 7. Defendant's use of the state-sanctioned AS IS-NO WARRANTY Buyers Guide is based upon state and federal laws governing the Used Car Sales based on the Used Car Rule. 8. Defendant has formed a reliance on the rules and regulations outlined in the multiple publications by the state and federal regulating authorities governing used car sales. 9. FURTHERMORE,the offer of NO WARRANTY clause allows the defendant to work to discount prices of sold vehicles for the benefit of the customers/car buyers. 10. The Plaintiff's February.2013 purchase of a 1999 BMW 3231 is fully governed by the rules_and conditions outlined above. 11. The Plaintiff's was aware of the AS-IN NO WARRANTY clause, has signed aforementioned clause; and has benefited financially from doing so due to lower negotiated price. 12. The Plaintiff was aware of the option to have the vehicle checked/inspected by the mechanic of her choice before the purchase, especially due to the lack of warranty on the vehicle. 1, 13. The Plaintiff has signed several additional documents absolving the Defendant of any responsibility to warrant the car, thus benefiting the Plaintiff financially due to lower negotiated price than comparable the vehicles of make/model the Plaintiff has purchased. 14. The Defendant forms a reliance on the said state-sanctioned release forms and is only able to operate its business under the due protection offered by the said release forms. 15. THEREFORE, the Defendant has not violated any unfair trade practices rules or the consumer protection law.All the aforementioned signed forms are attached herein. 16. The Defendant has had no duty to to go above and beyond what is reasonable in forming a reliance on the state-sanctioned and licensed inspection& emissions mechanic's shop. 17. The Defendant employed and relied on state inspection mechanic's shop named 83 Automotive Center, LLC, located at 5208 N. Susquehanna Trail,York Pennsylvania, 17406. 18. The Defendant has paid all the legitimate fees associated with the normal costs and repairs of the state-sanctioned inspection& emissions test, payable to the said mechanic's shop. 19. The Defendant has sold hundreds of cars after inspecting them in the same or similar state- sanctioned inspection shops, forming reliance on the said inspection providers. 20. The Defendant's use of the legitimate inspection sticker provided by the state-sanctioned inspection& emissions mechanic's shop does not violate the rules of reasonable conduct as is outlined in the Federal Trade Commission's A Dealer's Guide to the Used Car Rule governing publication. Nina M. Lemire IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : DOCKET NO. 13-5533 Prime Auto Sale Defendant : CIVIL TERM VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18. Pa. Cons. § 4904 relating to unsworn falsification to authorities. 0 le HodaAbdalla l a/3D/ZQ�3 10uu ttarrisbarg pike Carlisle, P'.4 17015 PURCHASE ORDER FOR NAME DATE TILE El NEW or At USED El DEMO El CAR El TRUCK BRAND r Z °i 3 YR. MAKE MODEL TYPE 0 COL R TRIM MI EAGE STREET �� - �� Z 41 � .� n (lrr VIN CITY STATE ZIP 3 3 L 5 "' 9 5 a 6's4w�'�' I NE PHONE S CK O. SALESMAN TO BE DELIVERED ON 20 AeOUT RES. "�/ _ ` BUS. 0 J 20 TRADE •• PRICE OF VEHICLE YR. MAKE MODEL TYPE ` v� COLOR TRIM MILFA � �..L7�'/}oM•C''f• 'i-tti 5-F �.,�fcD✓�? ✓2�+1'C�(.Z VIN i4— I s TITLE NO. PLATE NO. EXP.DATE k'e'�� (N\.4oc—�ck cal / 1 r-,e Vl iI,:. �rJn.rL{rj � OWNER LOAN A � l..e•'5+QA i+l (/S e,4.t..Je�,4--e %S LIENHOLDER PHONE ,Sy)`1 y /f G' �^ �.1 /t r ti/^1�C� Cam`� / _ I ADDRESS SPOKE WITH /��LJ..��.•l �Wk L,\j 45 b•''•I & ,5X) fU AMOU GOOD TILL VERIFIED BY PF•. - iT� ��L� l��✓,y r X'�e& ler i`]. l'S�It75 f c0li A;L1-1- 1�as 4L,&'O✓/' ✓�hlClJ ti �L��C�\•'Lg �.V—1�t1� INSURANCE INFORMATION NAME OF AGENr PHONE MONTHS MILES ADDRESS Cash Price of Vehicle&Accessories POLICY NUMBER COLLISION DEDUCTIBLE Sales Tax ��•Q' �� REGISTRATION TITLE TRANSFER ENCUMBRANCE ��.SE INSURANCE CO. COPY ATTACHED Documentary Fee 85. `,c EFFECTIVE DATE EXP.DATE VERIFIED BY Messenger Fee C� Notary Fee WARRANTY INFORMATION ❑FACTORY WARRANTY-The factory warranty constitutes all of the warranties with respect to the sale of INS iten>rtems.The seller hereby expressly disclaims all warranties,either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose,and the seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of this itemfitems. ❑USED CAR WARRANTY-Used car is covered by a limited warranty detailed in a separate document. �(AS IS-This motor vehicle is sold"AS IS"without any warranty either expressed or implied.The purchaser I C will bear the entire expense of repairing or correcting any defect that presently exists or that may occur in Total Pric [—/� j1 the vehicle. (o PURCHASER'S,`N - Trade-in SIGNATURE X USED CAR CONTRAC AL DISCLOSURE STATEMENT 'Payoff Amount Less Payoff` THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS Is Subject To VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE Verification Net Trade In J( WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE Depositl CONTRACT F SALE. 100 ,eo If you cancel this purchase agreement or refuse to take delivery of the vehicle ° ordered,except as permitted by law,you shall,at our option,forfeit as damages Cash on Delivery the amount of$t�cl cj,ce cl Net Cash on �} PURCHASER'S c Trade+ Deposit + Delivery Total Down Payment �/ 4P• d SIGNATURE X Unpaid Balance of Total PricA t✓ Purchaser hereby ac owledges to the above clause. � Purchaser agrees that this order includes all of the terms and conditions on both the face and reverse side hereof,that this order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the subject matters covered hereby.This order shad not become b rtd.no until accepted by the dealer or his authorized representative. refund a,nj t,-_o - Purchaser by his execution of thus order�:,.�D.%Iedges ttiat he has ea is terms and cond.,c-s a- s • c _c _, ( ^_ PURCHASER v SIGNATURE X t DATE , CCU°-E r uY DATE BUYERS . GUIDE IMPORTANT:Spoken promises are di-diwiit to enforce.Ask the dealer to put all promises in writing. Keep this form. VEHICLE•!t_MAKE DEL YEAR (A�E)t4n(nS�3qYCh.65c/6/:, DEA ER ST C BE (Optional) VIN NUMBER WARRANTIES FOR THIS VEHICLE: AS IS = NO WARRANTY YOU WILL PAY ALL COSTS FOR ANY REPAIRS. THE DEALER ASSUMES NO RESPONSIBILITY FOR ANY REPAIRS REGARDLESS OF ANY ORAL STATEMENTS ABOUT THE VEHICLE. WARRANTY ❑ FULL ❑ LIMITED WARRANTY.The dealer will pay %of the labor and of the parts for the covered systems that fail during the warranty period.Ask the dealer for a copy of the warranty document for a full explanation of warranty coverage, exclusions, and the dealer's repair obligations. Under state law, "implied warranties" may give you even more rights. SYSTEMS COVERED: DURATION: SERVICE CONTRACT. A service contract is available at an extra charge on this vehicle.Ask for details as to coverage, deductible, price, and exclusions. If you buy a service contract within 90 days of the time of sale, state law "implied warranties" may give you additional rights. PRE PURCHASE INSPECTION: ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED BY YOUR MECHANIC EITHER ON OR OFF THE LOT. SEE THE BACK OF THIS FORM for important additional information, including a list of some major defects that may occur in used motor vehicles. • • .• .3..— Below is a list of some major defects that may occur in used motor vehicles. . . „ . Frame&Body Brake System • Frame—cracks,corrective welds,or rusted through Failure warning light broken Dogtracks—bent or twisted frame Pedal not firm under pressure(DOT specs.) Not enough pedal reserve(DOT specs.) • Engine Does not stop vehicle in straight(DOT specs.) Oil leakage,excluding normal seepage Hoses damaged Cracked block or head Drum or rotor too thin(Mfgr.Specs.) Belts missing or inoperable Lining or pad thickness less than inch Knocks or misses related to camshaft lifters and push rods Power unit not operating or leaking Abnormal exhaust discharge Structural or mechanical parts damaged Transmission&Drive Shaft Steering System Improper fluid level or leakage,excluding normal seepage Too much free play at steering wheel(DOT specs.) Cracked or damaged case which is visible Free play in linkage more than 1/4 inch Abnormal noise or vibration caused by faulty transmission or Steering gear binds or jams drive shaft • Front wheels aligned improperly(DOT specs.) Improper shifting in any gear Power unit belts cracked or slipping Manual clutch slips or chatters Power unit fluid level improper Differential Suspension System Improper fluid level or leakage excluding normal seepage Ball joint seals damaged Cracked or damaged housing which is visible Structural parts bent or damaged Abnormal noise or vibration caused by faulty differential Stabilizer bar disconnected Cooling System Spring broken Shock absorber mounting loose Leakage including radiator Rubber bushings damaged or missing Improperly functioning water pump . Radius rod damaged or missing Electrical System Shock absorber leaking or functioning improperly Battery leakage Tires Improperly fUnctioning alternator,generator,battery,or starter Tread depth less than 7/32 inch • Fuel System Sizes mismatched Visible leakage Visible damage Inoperable Accessories . •Wheels Gauges or warning devices Visible cracks,damage or repairs • Air conditioner Mounting bolts loose or missing • Heater&Defroster • Exhaust System • • Leakage - . . DEALER ADDRESS rtn tt ,- 15M)Han;M ..:rg Pikg CarDsle PA 17015 SEE FOR COMPLAINTS , • IMPORTANT:The information on this form is part of any contract to buy this vehicle. Removal of this label. before consumer purchase(except for purpose of test-driving)is a violation of federal law (16 C.F.R. 455).„:. I HAVE Fs AD AND RECEIVTD A COPY OF THE BUYERS GUIDE ON THIS VEHICLE. *-1 L - -DATE T'- LLI -7) • SIGNATURE v • • • WARRANTY DISCLAIMER .r r Seiler a Mike sob, Purer(8wjzr s r.' ' Cd drsAidres8 !' city - FA Zip,Code Zap Coate DaWw has said to purchaser the vehicle de=lmd below &L6 VFAR MAKE !MODEL SM -SERIAL 03 Odomd r I�H91Er rr13IC£&thtd C�nndtCrmrs bf#1116 L8[B wllh tEgSTd&tp�1lIE}I of 21i4Y@ d V$I1[tXE 8S f01I�IS: : .AS IS" DEALER WARRANTY DISCLAIMER ftlallaffotl of dediees wmmty dmetaimerwith regard to above described veMcle THIS MOTOR VEHICLE!S SOLO!AS!S WITHOUT WARRANTY.ETHER EXPRESSED OR IMPU®_THE BUYER WILL BE-AR THE EpfnRE EXPNSE OF REPAIRING OR CORRSC;nNG ANT DEFFC'r8 THAT MAY PRESENTLY EXIST OR T14AT - MAY OCCUR IN THE VEHICLE.THE DEALER SHALL NOT HAVE ANY RESPONSIBILRY FOR CONSECAJEN I IAL DArLgAGES,DAMAGES FOR LOSS OF USE.LDSS OF TlrVF—LOSS OF PROF".OR INCOME,OR ANY OTHER INCIDENTAL DAMAGE WM'RESPEC-1 TO ANY DEFECT OR MALFUNCTION OR UNF mas OR OTHER OEFICIEKICY OF THIS VEHICLE i HE DEALER MAKES NO WARRA T lES.RepRESENTA`i ION OR ASSURANCES THAT THE MOTOR V=-IICLE CONTAINS ONLY ORIGINAL MANUFACTURER INSTALLED OR MANUFACTURER REBUILT CAMPONIrWS. PARTS OR ACCESSORIES. PURCHASER ACKNOWLEDGES THAT HE OR SHE HAS REAI3,t3NDERS TES AND ACCEIrM ALL OF THE PROVtWOMS OF THIS DI:AiLER WARRANTY DISCS COVERING THE VEHICLE ABOVE DE,SCROED. AS IS READ BEFORE SIGNIUM Ir ' SIGNATU S (CO-SUYER'S 51GKA-nJRE) WITNESS OM 3 NAL 1 O BUYER STA113MENTOFPURCHASEOF - ieed Used Car Tha to 10 comy ovattm daft PmChaMd tum NAMEMEALER AS IS—NOT GUARANTY IN CONSOMT1014 oft he LOAN PRME OF THS QAK I ion mocopft sit GAR WOK)dtaFw GUARANTEE asioYEA& M:arnAECHAMICALMWOMM Oeffuery of said carfo me is made at my own ftk and wM not Imd atocrre mmAoned Dealer or any offtesooft'ftbiefo r anyvft ovat ham itb Sam caratamom in 1hefcrum �3k'� 1 ap N? !`dt orre�tet�rrg s or OW 1 understand an of SOIL , i tamby amwowbOos facedot of#ft BUYEM nipw cL- ► SL Siate A General Release For valuable conadcafton,the receipt and safcaen cy of WE&are hereby wknowledged, A i a - �:C CM ,eesoi ,does hmby remise,release,and f wa dischargee Auto Sale and hs'l C.c�nnra�in ("Rdeasee'l maintfign as heim executors,ownem officam admtnistratos andpersonal representafieeg,of and from all, and an nsannerrof acaam%Caries ofaef 4 sft pmc�ecdxngs,debt dues,-c 3udgment.%damages. liabilities,a Peaates,fines,expenses including at[Amey fes and demands whalsoam m law or equity,yr &"Relewofeverh4 now has,or which Reieasces heirs, or p onat repres vas hereafier cM-shall,or may bave for orbyremon-of anymatum cause,ortIft WhMomm from ft be&niag of the below date for execution oftldsrelem IN VA3IgM REOF,I lffie have execu ftd fWs Releasetbis day of (HndwrW=dab byReleam) - x (Sigmatum of Releasao COMMONWEALTH OF PENNSYLVANIA IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII VIN: WBAAM3334XCD55956 VEHICLE EMISSIONS INSPECTION REPORT I IIIIIIIII I III 111111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Test Start Date/Time.-02/07/2013 @15:26 Title: 99999 VEHICLE INFORMATION Year: 1999 Make: BMW Model: 3-SERIES VIN: WBAAM3334XCD55956 Engine Size: 2.5 L Cylinders: 6 Odometer: 133322 GVWR: 0000 Estimated Test Weight: 3375 License: J95015J Inspection Type: INITIAL Record Number: 001143 County: CUMBERLAND EMISSIONS CONTROL SYSTEMS VISUAL/FUNCTIONAL INSPECTION Air Injection System NA Catalytic Converter NA Fuel Cap Integrity: PASS PCV Value NA Fuel Inlet Restrictor NA Exhaust Gas Recirculation NA Fuel Evaporation Control NA OBD EMISSIONS INSPECTION MIL BULB KOEO: PASS OBD FAULT CODE RESULT: NA MIL BULB KOER: PASS OBD READINESS RESULT NA MIL COMMAND STATUS: NA OBD-I/M CHECK RESULT: NA OVERALL TEST RESULTS: PASSED Emissions Control Systems Visual/Functional Inspection: PASS OBD Emissions Inspection: NA Sticker: IM32926198 TIN: 894521890856 Based on the information gathered during an attempt to perform an On Board Diagnostic test, NO Signal was available from the Onboard Diagnostic computer system.This vehicle should produce a signal from the On Board Diagnostic computer system. This vehicle needs to have the above problem corrected prior to next year's emissions inspection. RETAIN THIS DOCUMENT FOR YOUR RECORDS Vehicle tested in accordance with Pa. Code Title 67. Chapter 177 EMISSIONS INSPECTION STATION STATION#: DT57 STATION NAME: 83 AUTOMOTIVE CENTER INSPECTOR NAME: LONNIE MARKLE ADDRESS: 5208 N.SUSQUEHANNA TRAIL,YORK 17406 PHONE: 7172666655 EQUIPMENT#: SE021845 SOFTWARE VERSION: 06.02 VEHICLE EMISSIONS INSPECTION QUESTIONS: For additional information,please contact the Customer Hotline at Inspector's. (800)265-0921. Signature: � �i 83 Automotive Center LLC Invoice =°- 5208 N Susquehanna Trail " AUTOMOTIVE York,Pa 17406 Date Invoice# CENTER 717-266-6655 t? 2/7/2013 782 3 ut m tivece er mail- m Bill To prime auto sales Year/Make Model Mileage VIN# 1999 bmw 3231 133322 5956 Quantity Description Rate Amount 1 inspection&emission 40.00 40.00 1 lower control arm 83.51 83.51 1 front brake pads 41.95 41.95 7 oil 2.16 15.12 1 oil filter 8.18 8.18 1 h3 bulb 6.47 6.47 1 intake hose 12.86 12.86 1.2 r/r lower front control arms 45.00 54.00 1 r/r oil and filter 10.00 10.00 I r/r front pads 45.00 45.00 1 r/r air inlet hose 45.00 45.00 1 Diagnostic 45.00 45.00 1 breather 48.00 48.00 Sales Tax 6.00% 0.00 Total $455.09 Nina M.Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. Prime Auto Sale : DOCKET NO. 13-5533 T Defendant C CIVIL TERM f"y co a b ' r-n _C-1.y f= O CERTIFICATE OF SERVICE `� -0 3;' I, Hoda Abdalla representing Prime Auto Sale,do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: Nina Lemire 26 North Walnut Street, Hummelstown, PA 17036 CARLISLE MPO CARLISLE, Pennsylvania 170139998 4134870013 -0093 10/30/2013 (800)275-8777 03:14:24 PM Sales Receipt Product Sale Unit Final Description Qty Price Price HUMMELSTOWN PA 17036 Zone-1 $0.86 First-Class Mail Letter 2.10 oz. Scheduled Delivery Day: Thu 10/31/13 oxxoxaax Issue PVI: $0.86 Total: $0.86 Paid by: Cash $1.00 Change Due: -$0.14 wwwwwwwwwwwwwww*wwwwwwwwwwwwwwwwwwwwwwww **wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. *wwwwwwwwwwwwwwww**wwwwwwwwwwwwwwwww*www wwwwwwwwwwwwwwwww*wwwwwwwwwwwwwwww**wwww Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-LISPS. ' wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww wwwwwwwwww,twwwwwwwwwwwwwwwwwwwwwwwwwwwww Bill: 1000705197795 Clerk: 20 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww wwwwwwwwwwwwwwwvewwwwwwvew,r,twwwwwwwwwwwwww HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS wwwwwwwwwwwwwwwwwwwwwww*wwwwwwwwwwwwwwww' wwwwwwwwwwwwwwwwwwwww,twwwwwwwww*,,ywwwwwww CUStomer CopY 0 c3 _ ro a C:, -F rn �_'' ern r r fJ h r, r' 4 'r - • . - C• `` 1" ZULLI VEHICLE & TRAFFIC LAW • (-- co. , BY: Philip L.Zulli,Esq. c- PA Atty.ID#: 47499 155 Grandview Road Hummelstown,PA 17036 (717) 566-8585 E-mail: Zulli(aimsn.com Attorney for Defendant Cool Transport& Towing, LLC, d/b/a Prime Auto Sale IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Nina M. Lemire NO.: 13-5533 Plaintiff CIVIL ACTION—LAW v. Petition for Leave to Amend Pleading Prime Auto Sale(Hoda) Defendant • PETITION OF DEFENDANT FOR LEAVE TO AMEND RESPONSE TO CORRECT DEFENDANT'S NAME AND FILE AMENDED ANSWER WITH NEW MATTER AND AFFIRMATIVE DEFENSES NOW COMES Defendant Cool Transport& Towing, LLC, doing business as Prime Auto Sale,by its undersigned attorney, Philip L. Zulli, Esq., of Zulli Vehicle&Traffic Law, and moves this Court pursuant to Pa. R.C.P. No. 1033 for leave to amend its previously filed "Response" to correct the name of the Defendant and to file an Amended Answer with New Matter and Affirmative r Defenses which conform to Pa.R.C.P. Nos. 1029 and 1030, and in support thereof represents as follows: 1. On October 10, 2013, plaintiff filed a complaint,pro se, against the fictitious name of the defendant alleging damages for Unfair Trade Practices, Breach of Contract, Failure of Consideration/Mutual Mistake, and Unjust Enrichment, regarding a sale by Defendant to Plaintiff of a 1999 BMW 323i four-door sedan. (A copy ofplaintiffs complaint is attached as Exhibit A.) 2. The correct name of the Defendant, as duly registered with the Pennsylvania Corporation Bureau, is "Cool Transport & Towing, LLC" and Defendant has registered with the Corporation Bureau a fictitious name of"Prime Auto Sale." 3. The proper identity of the party-Defendant in this matter should be "Cool Transport & Towing, LLC, d/b/a Prime Auto Sale." 4. On October 30, 2013, defendant timely filed, pro se, an Answer entitled as "Response" which in its substance refuted the allegations of Plaintiff and also in substance set forth new matter and affirmative defenses, but said pro se"Response"did not affirmatively correct the Defendant's name;was not properly entitled as an Answer with New Matter; and did not in its format comply with Pa.R.C.P.Nos. 1029 and 1030. (A copy of Defendant's "Response" to Plaintiffs Complaint is attached as "Exhibit B. ") 5. Defendant's proposed amendments, asserting new matter and affirmative defenses against plaintiff will not unduly prejudice or surprise the plaintiff because an assertion of denials and defenses to Plaintiffs Complaint were set forth in substance within Defendant's Response. 2 6. Moreover, Defendant acted in good faith and timely filed its Response to Plaintiffs Complaint within the 20 days required by the Rules of Civil Procedure. 7. Undersigned counsel has already drafted and Defendant has verified an"Amended Answer with New Matter and Affirmative Defenses"which undersigned counsel is prepared to file immediately if leave is granted to do so by this Honorable Court. (A true and correct copy of the proposed "Amended Answer with New Matter and Affirmative Defenses" is attached as "Exhibit C. ") 8. The Defendant clearly has meritorious defenses to the Plaintiffs Complaint. The substance of Defendant's denials and defenses have already been expressed in Defendant's timely filed pro se"Response,"and manifest injustice will result if—due to the incorrect format that the previously pro se Defendant used— Defendant is not permitted to file an Amended Answer and thus properly defend itself against Plaintiffs claims. 9. As a general rule, amendments to pleadings should be liberally allowed to secure a determination on the merits, Capobianchi v. BIC Corp., 666 A.2d 344 (Pa. Super., 1995), and at any stage of the proceeding unless there is an error of law or resulting prejudice, Werner v. Zazyczny, 681 A. 2d 1331 (Pa. 1996). 10. Both Plaintiff and Defendant acted pro se in filing the Complaint and the Response. Defendant retained undersigned counsel as of Saturday,November 30, 2013, and Attorney Mark F. Bayley will be representing the Plaintiff 11. Having attorneys now involved will improve judicial economy. 12. Ample time exists for Plaintiff to pursue its claims against Defendant,and thus Plaintiff will 3 not be prejudiced. No discovery has yet taken place, and allowing this defendant to file an Amended Answer with New Matter will not unduly delay or otherwise complicate the resolution of this case,and will in the interests of justice permit a determination of this case on the merits. 13. No Judge has ruled upon this or a related matter. 14. Attorney Mark Bayley was telephoned Tuesday, December 3, 2013, and asked if he was representing the Plaintiff and he stated that he was, although not yet of record, but that he was planning on filing on behalf of the Plaintiff a Motion for Judgment on the Pleadings. Undersigned counsel was not able to reach Attorney Bayley by telephone a second time yesterday at approximately 4:45 p.m., but a voice mail message was left requesting his position on this petition. Given that Attorney Bayley was planning on filing a Motion for Judgment on the Pleadings,undersigned counsel assumes that he does not concur with this Petition. WHEREFORE,Defendant,Cool Transport&Towing,LLC,d/b/a Prime Auto Sale,requests that this Honorable Court grant Defendant leave to amend its"Response,"to correct Defendant's name, and file pursuant to Pa.R.C.P. No. 1033 an "Amended Answer with New Matter and Affirmative Defenses." ZULLI VEHICLE &TRAFFIC LAW December;2013 By: �. , x Philip L. li,"E 14 Atty. Id. No. 47499) 155 Grandview Road Hummelstown, PA 17036 717-566-8585 Zulli @msn.com www.zullilaw.org 4 Nov 18 13 02:58p Prime Auto Sale 717-701-8437 p.2 Nina M. Lernire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • vs. : DOCKET NO. 13-5533 Prime Auto Sale(Roca) : CIVIL TERM C_ �a �rii r; cor- ZZ rte. 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 TIE 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 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 I-80O-990-9108 717-249-3166 8/4:11- Nov 1813 02:59p Prime Auto Sale 717-701-8437 p.3 Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA vs. : DOCKET NO. 13-5533 Prime Auto Sale(Hoda) : CIVIL TERM COMPLAINT 1. The Plaintiff is Nina Lemire who is an adult individual residing at 26 North Walnut Street,Hummelstown, Pennsylvania, 17036. 2. The Defendant is Prime Auto Sale (Hoda), a business entity, that conducts business at 1500 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. The Defendant is in the business of car sales and maintains a sales lot at its above address. 4. In February 2013 the Plaintiff entered said sales lot and looked at a 1999 BMW 323i that Defendant offered for sale. 5. At the time said vehicle had state inspection and emissions stickers affixed to its windshield indicating that the vehicle had passed both state inspections in February of 2013. 6. Defendant's agent/employee Abdalla Hoda additionally indicated to PIaintiff that the vehicle had passed both inspections and that the vehicle was in"great condition." 7. The Plaintiff subsequently purchased the vehicle from the Defendant for a total of$4.706.50. Nov jS 13 02:59p Prime Auto Sale 717-701-8437 p.4 8. The Plaintiff was pulled over by police the following day and was issued a citation due to the vehicle's lights being painted; the vehicle should not have passed inspection due to said painted lights. 9. The Plaintiff immediately had various other problems with the vehicle and soon discovered that it should not have lawfully passed inspection in February for the following reasons: a. The aforementioned painted lights; b. Worn arm bars; c. Wom ball joints; and d. Malfunctioning 02 sensors. 10. The Plaintiff was damaged in that she spent a total of$2,426.85 for the costs of repair of the above items and rental car. 11. The Plaintiff lost a day of work to deal with the above repairs which damaged her in the amount of$10736 in lost wages. COUNT I VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 12. Previous paragraphs are incorporated herein. 13. The Plaintiff purchased the aforementioned vehicle for her personal, family, and household purposes. 14. Defendant's agents and/or employees knew or should have known that the inspection stickers displayed on the aforementioned vehicle were obtained improperly and/or unlawfully and/or fraudulently. Nov 1813 02:59p Prime Auto Sale 717-701-8437 p.5 15. Defendant's agents and/or employees knew or should have known that the inspection stickers displayed on the aforementioned vehicle were issued improperly and/or unlawfully and/or fraudulently. 16. The Defendant's use of said inspection stickers in the marketing and selling of said vehicle to Plaintiff was in violation of the Unfair Trade Practices and Consumer Protection Law, under 73 Pa.C.S. §201-I et seq., in that: a. Said act caused Plaintiff confusion or misunderstanding as to the approval or certification of the vehicle. b. Said act represented the vehicle to have approval,characteristics, and benefits that it did not have. c. Said act represented that the car was of a particular standard, quality or grade that it was not. 17. Due to said violation,the Plaintiff has suffered monetary damages including,but not limited, the cost of repairing/replacing said vehicle and the loss of the funds used in the purchase of the vehicle. WHEREFORE, Plaintiff requests an award of three times her actual damages sustained together with the costs of litigation, counsel fees and any other relief deemed appropriate by the Court. COUNT II BREACH CONTRACT 18. Previous paragraphs are incorporated herein. 19. The Defendant offered the subject vehicle for sale while holding out that the vehicle was properly and lawfully inspected and in a suitable condition to lawfully- operate. Nov 1,813 02:59p Prime Auto Sale 717-701-8437 p.6 20. The Plaintiff provided valuable consideration for the subject vehicle based upon the Defendant's representation that the vehicle was properly and lawfully inspected and in a suitable condition to lawfully operate. 21. The vehicle was not, in fact,properly and lawfully inspected and in a suitable condition to lawfully operate. 22. The Defendant breached its contract with Plaintiff by failing to provide said vehicle in its advertised condition. WHEREFORE, the Plaintiff requests an award for her damages associated the purchase and/or repair and/or replacement of the subject vehicle. COUNT III (IN THE ALTERNATIVE) FAILURE OF CONSIDERATION/MUTUAL MISTAKE OF FACT 23. Previous paragraphs are incorporated herein. 24. In the event that the trier of fact determines that agents and/or employees of Defendant reasonably did not know that the vehicle was not Iawfully inspected,the contract is void/unenforceable due to failure of consideration and/or mutual mistake of fact in that the Plaintiff did not receive consideration as intended by the parties or otherwise in exchange for funds that she paid to the Defendant. WHEREFORE, the Plaintiff requests an award for her damages associated the purchase and/or repair and/or replacement of the subject vehicle. COUNT IV(IN TA ALTERNATIVE) UNJUST ENRICHMENT 25. Previous paragraphs are incorporated herein. 26. In the event that the trier of fact determines that agents and/or employees of Defendant reasonably did or did not know that the vehicle was not lawfully inspected Nov 1.8 13 02:59p Prime Auto Sale 717-701-8437 p.7 the Defendant has been unjustly enriched at Plaintiffs expense in that the Defendant received unfair compensation for the subject vehicle from Plaintiff based upon the facts set forth above. WHEREFORE,the Plaintiff requests an award for her damages associated the purchase andior repair and/or replacement of the subject vehicle. Respectfully submitted, to I( //-3 ina Lemire,Pro if Nov 1813 02:59p Prime Auto Sale 717-701-8437 p.8 Nina M. Lemire :IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 13-5533 Prime Auto Sale (Hoda) : CIVIL TERM VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. +LA, _ (0/1 /4/3 Nina Lemire Nov le813 03:00p Prime Auto Sale 717-701-8437 p.9 Nina M. Lemire • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 13-5533 Prime Auto Sale(Hoda) : CIVIL TERM CERTIFICATE OF SERVICE I, Nina Lemire,do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: Prime Auto Sale(Hoda) 1500 Harrisburg Pike Carlisle,PA 17015 �.- !Oil 0/1 Nina Lemire f Nov 1'813 03:OOp Prime Auto Sale 717-701-8437 p.10 • Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA vs. : DOCKET NO. 13-5533 =' Prime Auto Sale "/ • Defendant . CIVIL TERM • RESPONSE 1. The Defendant, Prime Auto Sale,is a small business entity,operating as a re-seller of used cars at 1500 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 2. Defendant and/or its agents/employees do not perform any mechanical or inspection work on any of the vehicles they re-sell. 3. Defendant forms reliance on state sanctioned and licensed mechanical shops to perform said inspections, as is compliant with the state and federal laws. 4. Defendant has no reasonable way to verify the results of mechanical and/or state emissions inspection results EXCEPT to rely on state-sanctioned documentation provided. 5. Defendant allows all customers/car buyers to verify and inspect vehicles prior to any purchase and using any mechanic/shop the buyer wishes to use. 6. FURTHERMORE,Defendant provides customers/car buyers with a requisite Buyers Guide with a NO WARRANTY clause included. 7. Defendant's use of the state-sanctioned AS IS-NO WARRANTY Buyers Guide is based upon state and federal laws governing the Used Car Sales based on the Used Car Rule. 8. Defendant has formed a reliance on the rules and regulations outlined in the multiple publications by the state and federal regulating authorities governing used car sales. 9. FURTHERMORE,the offer of NO WARRANTY clause allows the defendant to work to discount prices of sold vehicles for the benefit of the customers/car buyers. Nov 1813 03:00p Prime Auto Sale 717-701-8437 p.11 10.The Plaintiff's February 2013 purchase of a 1999 BMW 323i is fully governed by the rules and conditions outlined above. 11. The Plaintiff's was aware of the AS-IN NO WARRANTY clause,has signed aforementioned clause,and has benefited financially from doing so due to lower negotiated price. 12.The Plaintiff was aware of the option to have the vehicle checked/inspected by the mechanic of her choice before the purchase,especially due to the lack of warranty on the vehicle. 13.The Plaintiff has signed several additional documents absolving the Defendant of any responsibility to warrant the car,thus benefiting the Plaintiff financially due to lower negotiated price than comparable the vehicles of make/model the Plaintiff has purchased. 14. The Defendant forms a reliance on the said state-sanctioned release forms and is only able to operate its business under the due protection offered by the said release forms. 15.THEREFORE,the Defendant has not violated any unfair trade practices rules or the consumer protection law. All the aforementioned signed forms are attached herein. 16.The Defendant has had no duty to to go above and beyond what is reasonable in forming a reliance on the state-sanctioned and licensed inspection&emissions mechanic's shop. 17.The Defendant employed and relied on state inspection mechanic's shop named 83 Automotive Center,LLC,located at 5208 N. Susquehanna Trail,York Pennsylvania, 17406. 18. The Defendant has paid all the legitimate fees associated with the normal costs and repairs of the state-sanctioned inspection& emissions test,payable to the said mechanic's shop. 19. The Defendant has sold hundreds of cars after inspecting them in the same or similar state- sanctioned inspection shops,forming reliance on the said inspection providers. 20.The Defendant's use of the legitimate inspection sticker provided by the state-sanctioned inspection&emissions mechanic's shop does not violate the rules of reasonable conduct as is outlined in the Federal Trade Commission's A Dealer's Guide to the Used Car Rule governing publication. Nov 1.8 13 03:OOp Prime Auto Sale 717-701-8437 p.12 21.THEREFORE.the Plaintiff asserted breach of contract has not occurred,nor has there been any consumer protection law violation of the rules of governing the sale ofAS-IS vehicles. 22. WHEREFORE,the Plaintiff's request of an award for damages is unreasonable and must be denied. Nov 1813 03:O0p Prime Auto Sale 717-701-8437 p.13 Nina M.Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY.PENNSYLVANIA vs. :DOCKET NO. 13-5533 Prime Auto Sale Defendant : CIVIL TERM VERIFICATION I verify that the statements made in the foregoing document are true and correct_I understand that false statements herein are made subject to the penalties of 18.Pa. Cons. §4904 relating to unworn falsification to authorities. //cJ f/i Hoda Abdal a /04494W3 3 Nov 16 13 03:OOp Prime Auto Sale 717-701-8437 p.14 Nina M.Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY.PENNSYLVANIA vs. Prime Auto Sale :DOCKET NO.13-5533 Defendant : CIVIL TERM CERTIFICATE OF SERVICE I, Hoda Abdalla representing Prime Auto Sale,do hereby certify that t this day served a copy of the foregoing document upon the following by First Class Mail: Nina Lemire 26 North-Walnut Street, Hummelstown,PA 17036 • • • ZULLI VEHICLE& TRAFFIC LAW NOTICE TO PLEAD BY: Philip L.Zulli,Esq. TO: PLAINTIFF PA Atty.ID#: 47499 155 Grandview Road YOU ARE HEREBY NOTIFIED TO FILE A Hummelstown,PA 17036 WRITTEN RESPONSE TO THE (717)566-8585 ENCLOSED NEW MATTER AND E-mail: Zulli @msn.com AFFIRMATIVE DEFENSES WITHIN Attorney for Defendant TWENTY(20)DAYS FROM SERVICE Cool Transport& Towing, LLC, HEREOF,OR A JUDGMENT MAY BE d/b/a Prime Auto Sale ENTE/REED AGAINST YOU. ATTORN I+`O FENDANT COOL TRANSPORT&TOWING,LLC, d/b/a PRIME AUTO SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Nina M. Lemire NO.: 13-5533 Plaintiff CIVIL ACTION—LAW v. • Cool Transport& Towing,LLC •• D/B/A Prime Auto Sale Defendant AMENDED ANSWER TO COMPLAINT with NEW MATTER and AFFIRMATIVE DEFENSES NOW COMES,the Defendant, Cool Transport& Towing, LLC, d/b/a Prime Auto &I$ l \i C Sale,by and through its attorney, Philip L. Zulli, Esq., and hereby files, with leave of Court, this Amended Answer with New Matter and Affirmative Defenses: 1. Admitted. 2. Admitted in part; denied in part. Admitted that the defendant conducts business at 1500 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. Admitted that the registered fictitious name of the defendant is Prime Auto Sale. Denied that the business entity is Prime Auto Sale. By way of further answer,the business entity is Cool Transport&Towing, LLC, d/b/a/Prime Auto Sale. Denied that the defendant is "Hoda." 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Denied that the defendant's agent/employee is Abdalla Hoda. By way of further answer, defendant's agent and salesperson was Hoda Abdalla. Denied that Hoda Abdalla indicated to the plaintiff that the vehicle had passed both inspections and that the vehicle was in great condition. 7. Admitted. Admitted that the plaintiff purchased the vehicle from the defendant. Admitted that the total amount paid by the plaintiff was$4,706.50. By way of further answer, said amount included the purchase price of the vehicle,plus sales tax and fees. S. Denied. After reasonable investigation the defendant is without knowledge or 2 information sufficient to form a belief as to the truth of the averment because such knowledge or information if it exists is solely within the possession of the plaintiff; therefore,the averment is denied, and strict proof is demanded at trial. 9. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment because such knowledge or information if it exists is solely within the possession of the plaintiff; therefore, the averment is denied, and strict proof is demanded at trial. By way of further answer, Plaintiff test-drove the vehicle, had her own mechanic examine the vehicle, and agreed in writing to purchase the vehicle"AS IS"without any warranty for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 6.) 10. Denied.After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment because such knowledge or information if it exists is solely within the possession of the plaintiff; therefore,the averment is denied, and strict proof is demanded at trial. By way of further answer, Plaintiff signed a General Release,releasing Defendant of any liability. (See New Matter and Defendant's Exhibit 8.) 11. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment because such knowledge or information if it exists is solely within the possession of the plaintiff; therefore,the averment is denied, and strict proof is demanded at trial. By way of 3 further answer, Plaintiff signed a General Release, releasing Defendant of any liability. (See New Matter and Defendant's Exhibit 8.) WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. ANSWER TO COUNT I VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 12. Paragraphs one through 11 above are incorporated by reference. 13. Admitted. 14. Denied. Denied that the defendant's agents and/or employees knew or should have known that the inspection stickers displayed on the aforementioned vehicle were obtained improperly and\or unlawfully and\or fraudulently. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that the displayed inspection stickers were obtained improperly and\or unlawfully and\or fraudulently;therefore,the averment is denied, and strict proof is demanded at trial. 15. Denied. Denied that the defendant's agents and/or employees knew or should have known that the inspection stickers displayed on the aforementioned vehicle were issued improperly and\or unlawfully and\or fraudulently. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that the displayed inspection stickers were issued improperly and\or unlawfully and\or fraudulently; therefore,the averment is denied, 4 and strict proof is demanded at trial. 16. Denied. The averment is a conclusion of law to which no responsive pleading is required. To the extent that the averment is not a conclusion of law, after reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment;therefore,the averment is denied, and strict proof is demanded at trial. 17. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment;therefore,the averment is denied, and strict proof is demanded at trial. WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. ANSWER TO COUNT II BREACH OF CONTRACT 18. Paragraphs one through 17 are incorporated by reference. 19. Denied. Denied that the defendant offered the subject vehicle for sale while holding out that the vehicle was properly and lawfully inspected and in a suitable condition to lawfully operate. 20. Admitted in part; denied in part. Admitted that the plaintiff provided consideration for the subject vehicle. Denied that the consideration for the subject vehicle was based upon the defendant's representation that the vehicle was properly and lawfully inspected and in a suitable condition to lawfully operate. By way of further answer, 5 the defendant specifically disclosed to plaintiff and plaintiff acknowledged in writing that the vehicle was being sold AS IS and Plaintiff gave the defendant a general release of liability for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 8.) 21. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as the truth of the averment;therefore,the averment is denied, and strict proof is demanded at trial. By way of further answer, defendant specifically disclosed to plaintiff and plaintiff acknowledged in writing that the vehicle was being sold AS IS and Plaintiff gave the defendant a general release of liability for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 8.) 22. Denied. Denied that defendant breached its contract with the plaintiff by failing to provide said vehicle in its advertise condition. By way of further answer,the defendant specifically disclosed to plaintiff and plaintiff acknowledged in writing that the vehicle was being sold AS IS and Plaintiff gave the defendant a general release of liability for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 8.) WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. 6 ANSWER TO COUNT III (IN THE ALTERNATIVE) FAILURE OF CONSIDERATION/MUTUAL MISTAKE OF FACT 23. Paragraphs one through 22 above are incorporated by reference. 24. Denied. Denied that the contract is void and\or unenforceable due to failure of consideration and\or mutual mistake. Denied that the plaintiff did not receive consideration as intended by the parties or otherwise in exchange for funds that she paid to the defendant. By way of further answer, defendant specifically disclosed to plaintiff and plaintiff acknowledged in writing that the vehicle was being sold AS IS and Plaintiff gave the defendant a general release of liability for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 8.) WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. ANSWER TO COUNT IV(IN THE ALTERNATIVE) UNJUST ENRICHMENT 25. Paragraphs one through 24 are incorporated by reference. 26. Denied. Denied that the defendant has been unjustly enriched at plaintiffs expense. Denied that defendant received unfair compensation for the subject vehicle from plaintiff based upon the facts set forth in plaintiffs complaint. By way of further answer,the defendant specifically disclosed to plaintiff and plaintiff acknowledged in writing that the vehicle was being sold AS IS and Plaintiff gave the defendant a general release of liability for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 8.) 7 WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. NEW MATTER 27. Paragraphs one through 26 above are incorporated by reference. 28. The defendant,Cool Transport&Towing,LLC,is a small,family owned business with a fictitious name of Prime Auto Sale which is registered with the Pennsylvania Corporation Bureau and is located at 1500 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 29. Walid(Wil)Abdalla is President of the defendant, Cool Transport&Towing, LLC. 30. Defendant is a used vehicle dealer licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons. 31. Defendant and\or its agents\employees do not perform any mechanical or inspection work upon any of the vehicles they sell, but subcontracts such work out to licensed Pennsylvania Official Inspection Stations. 32. The vehicle in this matter was inspected by 83 Automotive Center,LLC,located at 5208 N. Susquehanna Trail, York, PA 17406. 33. Defendant posts all vehicles with the"Buyers Guide" required by the United States Federal Trade Commission, and all FTC Buyers Guides,on all vehicles held for sale at Defendant's sales lot, are marked"AS IS -NO WARRANTY." 34. Defendant allows all customers to test drive vehicles before purchase. 35. Prior to purchase, Defendant allows all customers to verify and inspect vehicles by a 8 mechanic of their choice. 36. On February 26, 2013, Plaintiff purchased at Defendant's sales lot a 1999 BMW 323i sedan bearing Vehicle Identification Number WBAAM3334XCD55956. (A true and correct copy of the executed Certificate of Title is attached hereto and incorporated by reference as Defendant's Exhibit I.) 37. Said vehicle was 14 years old and had 133,329 miles registered on the odometer.(A true and correct copy of the Odometer Mileage Statement is attached hereto and incorporated by reference as Defendant's Exhibit 2.) 38. To the best of Defendant's knowledge, Plaintiff first viewed the vehicle at Defendant's sales lot on February 26, 2013. 39. A Buyers Guide required by the United States Federal Trade Commission was conspicuously posted upon the window of the vehicle at the time Plaintiff viewed the vehicle, and said Buyers Guide was marked and clearly disclosed that the vehicle was being sold "AS IS - NO WARRANTY." (A true and correct copy of the two page Buyer's Guide is attached hereto and incorporated by reference as Defendant's Exhibit 3.) 40. Plaintiff was accompanied by Carlos W. Narvaez-Vazquez who held himself out to Defendant as an auto mechanic. 41. Both Plaintiff and her agent, Carlos W.Narvaez-Vazquez,test drove the vehicle. 42. Plaintiff had her agent Carlos W. Narvaez-Vazquez examine the entire vehicle, and Plaintiffs agent, Mr.Narvaez-Vazquez, vouched for the vehicle. 9 43. Defendant disclosed in writing to the Plaintiff certain defects about the vehicle— specifically that there were certain warning lights displayed upon the vehicle's dashboard including Airbag,ABS,Brake&ASC. (A true and correct copy of the Purchase Order signed by the Plaintiff is attached hereto and incorporated by reference as Defendant's Exhibit 4.) 44. Defendant disclosed all known information about the vehicle and made no further representations to the Plaintiff about the condition of the vehicle. 45. Defendant made it clear to the Plaintiff that she was buying the vehicle AS IS without any warranty. 46. Defendant offered Plaintiff the opportunity to purchase an extended service contract from a third party warranty company,but Plaintiff declined the extended service contract. 47. Plaintiff signed the Buyers Guide required by the United States Federal Trade Commission and acknowledged that she was buying the 1999 BMW 323i"AS IS -NO WARRANTY." (See Defendant's Exhibit 3.) 48. Defendant's Purchase Order form for this vehicle was signed by the Plaintiff. (See Defendant's Exhibit 4.) 49. Upon the Purchase Order form within a block identified as"Warranty Information"the check-off block— for "AS IS - This motor vehicle is sold 'AS IS' without any warranty either expressed or implied. The purchaser will bear the entire expense of repairing or correcting any defect that presently exists or that may occur in the vehicle"— was checked. (See Defendant's Exhibit 4.) 10 50. Under the checked box for "AS IS - This motor vehicle is sold 'AS IS' without any warranty either expressed or implied. The purchaser will bear the entire expense of repairing or correcting any defect that presently exists or that may occur in the vehicle,"Plaintiff separately signed her signature acknowledging that she was purchasing the vehicle"AS IS." (See Defendant's Exhibit 4.) 51. In addition to Defendant disclosing and the Plaintiff acknowledging the"AS IS"nature of the sale of this vehicle, upon both the FTC Buyers Guide and the Purchase Order, Plaintiff also signed a"Statement of Purchase of Non-guaranteed Used Car"upon which Plaintiff acknowledged that"IN CONSIDERATION of the LOW PRICE OF THIS CAR,I am accepting said CAR without any GUARANTEE as to YEAR,MODEL or MECHANICAL CONDITION." (A true and correct copy of the Statement of Purchase ofNon-guaranteed Used Car is attached hereto and incorporated by reference as Defendant's Exhibit 5.) 52. In addition to Defendant disclosing,and the Plaintiff acknowledging,the"AS IS"nature of the sale of this vehicle upon the FTC Buyers Guide, the Purchase Order, and the Statement of Purchase of Non-guaranteed Used Car, Plaintiff also signed a"Warranty Disclaimer"which was an explanation of dealer's warranty disclaimer with regard to the above described vehicle upon which Plaintiff acknowledged that: THIS MOTOR VEHICLE IS SOLD AS IS WITHOUT WARRANTY , EITHER EXPRESSED OR IMPLIED. THE BUYER WILL BEAR THE ENTIRE EXPENSE OF REPAIRING OR CORRECTING ANY DEFECTS THAT MAY PRESENTLY EXIST OR THAT MAY OCCUR IN THE 11 VEHICLE. THE DEALER SHALL NOT HAVE ANY RESPONSIBILITY FOR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGE WITH RESPECT TO ANY DEFECT OR MALFUNCTION OR UNFITNESS OR OTHER DEFICIENCY OF HIS VEHICLE. THE DEALER MAKES NO WARRANTIES, REPRESENTATIONS OR ASSURANCES THAT THE MOTOR VEHICLE CONTAINS ONLY ORIGINAL MANUFACTURER INSTALLED OR MANUFACTURE WERE REBUILT COMPONENTS, PARTS OR ACCESSORIES. PURCHASER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTANDS AND ACCEPTS ALL THE PROVISIONS OF THIS DEALER WARRANTY DISCLAIMER COVERING THE VEHICLE ABOVE DESCRIBED. AS IS READ BEFORE SIGNING (A true and correct copy of the "Warranty Disclaimer" is attached hereto and incorporated by reference as Defendant's Exhibit 6.) 53. Defendant also disclosed to the Plaintiff that the vehicle was a "WHOLESALE VEHICLE" that "DEALERSHIP purchased this vehicle from another dealer or at a dealer-only auction" and that "DEALERSHIP has no knowledge of and makes no representation or guarantee as to whether the vehicle had any other prior use. DEALERSHIP is selling this vehicle as a USED vehicle only."(A true and correct copy of the "Disclosure of Dealership Information on Prior Use of Vehicle" is attached hereto and incorporated by reference as Defendant's Exhibit 7.) 54. Plaintiff also signed a "General Release" acknowledging that Plaintiff released and 12 forever discharged Prime Auto Sale and its'LLC Corporation and its owners and officers of and from all and all manner of actions, causes of action, and suits, etc. (A true and correct copy of the General Release is attached hereto and incorporated by reference as Defendant's Exhibit 8.) WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. DEFENDANT'S AFFIRMATIVE DEFENSES 55. Paragraphs one through 54 above are incorporated by reference. 56. Defendant conducted an AS IS sale of the vehicle to Plaintiff in compliance with Pennsylvania law and regulations. 57. Plaintiff knowingly purchased the vehicle AS IS without any expressed or implied warranty. 58. Plaintiff consented to an AS IS sale of the vehicle and agreed not to have recourse against the Defendant for any known or unknown defects in the vehicle. 59. Defendant did not breach any duty owed to Defendant. 60. Defendant did not breach any contract with the Defendant. 61. Plaintiffs claims are barred and/or limited by the doctrine of laches. 62. Plaintiffs claims are barred and/or limited by the doctrine of waiver. 63. Plaintiffs claims are barred and/or limited by the doctrine of estoppel. 64. Plaintiff knowingly and voluntarily assumed the risk of any and all damages which she has alleged to have incurred. 13 65. Plaintiff has released Defendant from all damages and causes of action. 66. Plaintiffs Complaint fails to state an action upon which relief may be granted. 67. Plaintiff has failed to join an indispensable party. WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. Respectfully submitted, December , 2013 a e e? Philip L. Z i,Es Atty Id.No. 47499 Zulli Vehicle& Traffic Law 155 Grandview Road Hummelstown, PA 17036 (717) 566-8585 Zulli @msn.com 14 2,,2 , . . . . • i't 0,...,5. TH OF PENNSYL ANIA ti\-- lois )F TITLE FOR A VEHICLE . . , . . . ,---___ ___ 122160061002.677-7!001 :_-.--:-- - . - -- illIBA A113334X CD 55956 1 1999 131141 5635134411805:.HO- ::',-,,,, --•!. vEHici_e IDENTIFICATION NUMBER I YEAR MAKE OF VEHICLE TITLE NUMBER .t.•.......1.5-: . , IN 1 1 1 OH 1 8/07/121 1130251 . ' .0 - -:'.??.7'..I BODY TYPE DUP SEAT CAP I PRIOR TITLE STATE 1 ODOM,PROM.DATE I ODOM.MILES ODOM.STATUS f:;....„"-I•A ., 'La,'",'2O",. " • I 1 ' '• . " ' '4.",";4 U'Lt•-. 7117/01 afri7/1E 1 I - , :: • DATE PA TIRED DATE OF ISSUE UNLADEN WEIGHT EVIVR GCWR TITLE BRANDS ODOMETER STATUS ACTUAL MILEAGE I MILEAGE EXCEEDS THE MECHANICAL ••.• .:"..Z.4 LIMITS 2 NOT THE ACTUAL entEAGE '27..<":-•I. 3 NOT THE ACTUAL MILEAGE=ODOMUER TAMPERING VERIFIED ----,-.A1 4.EXEMPT FRONT ODOMETER DISCLOSURE .---....,..... ,,T ' - - '.''.,1 1, TITLE BRANDS REGISTERED OWNER(S) 4.°3-•ci" A=ANTIQUE vEHICLE C.CLASSIC VEHICIE r>•-'. .V.1.■;.• ..iP.-e4. JASON P HORNUNG --. ,- - 0.COU_ECTIBLE VEHICLE ,it • - F.OUT OF COUNTRY G.ORIGINALLY WM,FOR NDSNU.S. ":7 •',-.".21, HARRISBURG PA 17112 F.....w"--' 'is:iti?GawAsimA poirEva'atetticLe .=riAl ..,./-',.: ik "*".:i.. R.RECONSTRUCTED 4 172,LT.2.t S.STREET ROD -:...„Wal ItZ(Do". T.REC,OVERED THEFT VEHICLE !Fru; r V..--.VEHICLE CONTAINS REISSUED YIN W.FLOOD VEHICLE 0-*r = Ph Z 2 I FIRST LIEN FAVOR OF SECOND LIEN FAVOR OF: X ISANAS A TAxt 1?:ILNI On 1.1)2 '•:ILI‘. !''''. 11 `, It ,:, second 1ienholder is Isea upon estiMaqien ctl-the real lien, the first I. - - ilenhader must forwani this 'Raw IS•ttogaf itotor Vettiotes with the ac.1;1. FIRST LIEN RELEASED appropoate 101111 are few •• '".1•, DATE lit:11-,,i!- •..,F.:',...I:F.4 BY SECOND LIEN RELEASED AUTHORIZED REPRESENTATIVE DATE .2..".•,-... •"I.-'4", it,",,,I-.2.4; MAILING ADDRESS .::...7=ir. ES ..—, -`-',...0,..• AUTHORIZED REPRESENTATIVE r ,s.„....,,,. 107007 . . 1-•','•1 11--§n- JASON P HORNUNG 6041 BLUE BIRD AVE . 1."12.:: • HARRISBURG PA 17112 . ,4,:frIlli pennsytvama :-.,.....:_-..., DEPARTMENT OF TRANSPORTATION-I 2-..L lial ■s,,ul ti II -;:*-_-.41 . ,.7":,...,..„7.. ■.,0'1; -,`-.-..,"; . . . . L... , i I way as of the data et nesue.the official revues of the e Pensylvania Department BARRY J SCHOCH, P E. iTn 6 .,- at Transportahon reflect that the persarrts)or company rt,sroed herein is the lawful owner , .3.":44t or Wm said yetecte. Seavtairy or TnrtsIsPoriadwo i'II!APPLICATION.FOR-TITLE-MD UEN411FORIVIATItili- "PnrtVar•"Ct.M.45iiiiith-4:.ilillE 9e''"sE.---r6t u ''-'"' '' ''.-. -=:-,":-NI' E„ti.r i SWORN SUBSCRIBED AND , It a co-purchaser other than your spouse is listed and you want the title TO BEFORE ME 1 t be listed as'Joint Tenants With iiiipt of Survivorship'(On death of one tr• . III■ DA., D. .1. , ,I owner,title goes to surviving owner)CHECK HERE O.Otherwise,the Mks - .-1 /11/F,AVAIlr I " deceased ebaes LS I loe riwnaesr g•Toeenans tolshiis/nifmr heirs or o' Oenstatedea).Th°:one owner,interest of L''''";'!:.' •414.1, 1pirk!"'S- Irte ' °. ,...., -.1....a..,TtS._... •W..... w • _A IF NO LIEN,CHECK gr."IS THIS AN ELT?(IF YES,FIN REQUIRED) YESO NOD \LA 06,C4 A bc-4, ck I ( cA-- , rr:.,, 1ST UENHOLDER FINANCIAL INSTITUTION NUMBER: - ;-z.,•' ' -,-,:-., . Prime Auto Sale ; 1ST UENHOLDER NAME , .• .2::'''.r•, .s 8633663 ,., STREET .•',L"'",ftl .. , 01 ; CITY STATE ZIP ' IF NO 2ND U .CHECK I/IS THIS AN ELT?(IF YES,FIN REQUIRED)YES 0 NOD ,.. Too toderozoto 11,1,4 ,..zia,sp,,,,,, f-, C.,,,ve , -Mk 11 tr, .^..,,KM-It,: ..1 '. , AbG/0,suitteCt to Me orloorrkrmat6 end onto,iep.Co,l,.,,t kr,t,rkr, :',:i.....: 1 -'1 I 2ND LIENHOLDER FINANCIAL INSTITUTION NUMBER: 1---% ----AA- . .',. 1---1 I j - , MD LiENMOLDER NAME ' - - 4 ,4-... _....4., . . °F L'C'"'1-45.A'...kle•V:L - • • . .. • .... e . STREET CTi i , CD ii SiGNAT.RE OF CO-AP11-11;Atif,TTLE CF o.tal-O)81.1-4 tiNEft CITY I STATE ZIP ,-•:,N-...A c'aI°rIZ STORE IN A SAFE PLACE.IF LOST APPLY FOR A DUPLICATE-ANY ALTERATION OR ERASURE VOIDS THIS TITLE _._ _....._ Deff N ) k --, S i I • (TYPE OR PRINT)Certificate of Title must be submitted within 20 days,unless the purchaser is a registered dealer holding the vehicle for resale. WARN i N G FEDERAL AND STATE LAWS REQUIRE THAT YOU STATE THE MILEAGE IN CONNECTION WITH THE TRANSFER OF OWNERSHIP.FAILURE ( m TO COMPLETE OR PROVIDING A FALSE STATEMENT MAY RESULT RJ FINES OR IMPRISONMLENT. _ 1 3 Ret�^x.a rraas mvh cw.rc eve mmc sn xrA w M�rzze LAST FIRST MIDDLE NAME a A. ASSIGNMENT OF TTTLE :. rrlm r'e.hax-r�_cYanv�.tereCmor. (73 e G• fur 44,444 ct mr.3rm AIL-Az G c:,mtt tp PURCHASER OR FULL �, !! 1�S e\ •VWe cars to the best of er,s r knowledge that the odometer reading a (BUSINESS NAME ��J ye,_� - �p X---�l�-� , de i /ti: Ta e _ l CO-PURCHASER 0 UV X hoes and reflects the actual mileage o'the•rahide• C � �e.,ti,.. pr unless sae sae cf the fel'oring boxes a checked: ADDDRESS e2-q ..eCRaV JT = L___,l Reflects the amount at mileage I—! Is NOT the actual mileage i CITY a ! m i I or excess slits mechanical limits L_I WARNING:Odometer ddcrepansy \ r •Z- C I.Wo twiner candy that the vehicle is tree of any encumbrance and that the ownership is hereby t s PURCHASE FRIG£ 7 !Jr = traraferred to the berserks)or the deafer listed. STATE Q L` L].OR DEr: `�t.y�}�)537g en. SUBSCRIBED AND SWORN - I t CO TO BEFORE ME ({ MO. " DAY YEAR ( -�PU', Ac°R SIG(/A URE SIGNATURE• SON ADMINISTERING OATH � y •4ASEP.SIGNATURE ! — o o PURCHASER 'JD: R �—i CL I Q i � R CO-FVFII6 ST 1� ` L, 03 111` ��u7�rL -ti/�-�Il/`- HANDPRINT��HERE R i\ ){T.{ a) I sY 1 XASSe.r.2.�`v)-4 �S S ATUacJJJOF'SELLER ca ca Q i N 2! S74 93 9 8 7 SIGNATURE OF CO-SELL l W i I HERE '^" ' +^�U!,J r t U F""9N U p ti B. RE-ASSIGNMENT OF TITLE BY REGISTERED DEALER- If purchaser listed in completed.A is NOT a registered dealer Section D on the front of this form must be completed. tithe ily,to the best o1 ylour knowledge that the odometer reading is i LAST - FIRST MIDDLE NAME CD CO reties and reflects the 3CtUdl mileage at the Vehicle. PURCHASER OR FULL BUST:rESS NAME f ,t 1/T V f unless one of the intim:no boxes is checked. •< CO-PURCHASER (—i Reflects the amount a mileage x j 1,NOT the actual for dap pg L-._: In excess of Es mechaiWai limits i_1.-NARKING:°camfer dianepanry ..smev C - I-We rusher conies mat the vehicle s free of any encumbrance and that the ownership Is hereby ADDRESS -,co c if 5 6(,r[) l k P N transferred to the pesonts)or a dealer listed. _. �'�"✓ __\\ ,./ SUBSCRIBED AND SWORN CITY t 5 `� w_ TO BEFORE ME: STATE e9 21P 7} 1 PUI CHASE PPtO 3 /� m MO ' DAY /, YEAR t �1. L'" � ' ( Cs�l OH OIN �7 C N 411, ....,:./.?I IrRi o f � [A. A 1' (Ct 1 R LI1 ( CO-PURCHASER SIGNATURE RI N i PURCHASER ANDOOR N !X I CO-PURCHASER MUST / ♦ A _ a HANOPA/l1 .'ME Fi£° / ! i >� Ad r �is 1q ° PrimeQCA^uto Sale i�� ,i ''�'" ._{ 8633663 SIGNATURE OF SELLER CS Cl) - �OPRINT NAME HER „r- _'�-, ;� i co If purchaser is NOT a registered dealer Section D on the front of this form Must RE-ASSIGNMENT OF TITLE BY REGISTERED DEALER- be completed. C7 uWe codify,to the best of my/our leeowled,a that the odometer reading is LAST FIRST MIDDLE NAME coo 1 3 2 3 2 vs..,,x ' m _�_ x miles and reflects the actual mileage of the valuate, PURCHASER OR FULL L/} L i w N BUSINESS NAME L e M {'� 1 l /o,,OL i 1..e unless one of the oiiowing boxes is checked: CO-PURCHASER =" t }`l Ra tact tie 3mobnt N mileage r' is NOT the aduat mileage C2.CD ir.assess ci IE ereeharstai limns Li WARNING:Odometer discrepancy STREET 2 ''°� i ,, Ib Intwe furthn certify that the vehicles free 0 any encumbrance and that the ownership Is hereby ADDRESS 3'i Q 3 CA i-n a. 5 0-a e L f tti2-F C,3?11 fP transferred to the perscn(s)or the dealer fisted. a {{ .i `i co CITE' t.-1 ix(f t ..7 D U 1_- N SUBSCRIBED AND SWORN ! £ .__` _____.. TO BEFORE ME: STATE ZP 1 1 ('0 b M0. r D. gr. YEAR r m , ' f .' --- 3 l ., f : ••_ J, CD--- -/ / r` ( t _ WI CO-PURCHASER31'NAT RE ID CUORPOURCH SEA i��`` J,�y//�n ri,Q // e` Le m O I HANDPRINT NAME HERE{f� r r I(�i r f C / �L r✓I Prime Auto Sale x <I 16 a C E OP SELER 0. DP ) I / m.: HANDPRINT NAME HERE / RE-ASSIGNMENT OF TITLE BY REGISTERED DEALER- b purchaser is NOT a registered dealer Section 0 on the front of this form must c be completed. TO :...IMte certify.to the best of mylour knowledge that the odometer reading is LAST FIRST MIDDLE NAME ,-.-HS x colas and relicts the actual mileage of the vehicle, i PURCHASER OR FULL W _ --—` C 1 BUSINESS NAME unless ere of the fotfairing boxes is checked: O 1 CO-PURCHASER -'; Reflects the amount o`.m!cage (>! Is NOT the actual Odometer the ! 0 L._.1 in excess of as meohanica limits _ WARNING:Odometer cl=repancy STREET I;'/e further certify that the vehicic is free of arty encumbrance and that the ownership Is hereby 1 ADDRESS fv trat,terrad to the personts)at tea dealer fisted. CITY N ISUBSCRIBED AND SWORN TO BEFORE ME: H MO. DAY YEAR STATE - ZIP -- PURCHASE PRICE OR PURCHASE i SIGNATURE OF PERSON ADMINISTERING OATH PURCHASER SIGNATURES LLI I CO PURCHASER SIGNATURE N rn r PURCHASER AND'OR CO-PURCHASER MUST N HANDPRINT NAME HERE o QI t3.i m- 2 i SIGNATURE OF SELLER <I■ SELLER MUST D NAME HERE i 'c. CHECK HERE IF APPLICATION FOR DEALER TITLE AND COMPLETE SECTION D.TITLING FEES S Nov ' 813 03:04p Prime Auto Sale 717-701-8437 p.21 • , OFFICIAL 000M "T cwt(MILEAGE) STAT 1T . - upoevandirrafaa .mast*caaptelearpoovIdirgandi adoleraa+dmay toodtlallnesandlar - THIS STATEMENT EMT BE COMPLETE BYE TRAsiscamist iSOUB OFA1110 10RtlHIC1.E - I P!rimeAuia 7 stalelintlhe odostatirnavtoads - fffiss-Saiertf i33 3aq .WINN aasanatc+ltehaft*?str thatimilidothe usual assegaatthervetildedasalbed b I,masse eallbs atdaae O [3)1 nenaby io Am boat of my knovidedniliet odometer made teelact 0 pp bbyaev►ilwE$waciomc®ermanyisitarho lniDeepa - , - TEAR MANE lam M ROW MDR INAM RIDllliIARER _ 1 S .8.14 �i , 323 + _ �e.� w�.�� 1333 �, 5y�6 +J •∎1• X1:1 a 7 (Transferors �.. i . tmer (panted ) Pleaa111Eavly . (Trandecoesatmaths* JOS lih.,sbues Pite- < e - ( PA Q ►Code) 17015 . 03/do of 800amen5 =1ani(Pa:nod fetwee""11.11.3mmtsionidure) -----IDs Al 1 N A ,IA 44-r • i P cnendensits guestaddieis? 4 20 -Jo -•^g -Sit"1'4 r• -k P j C 3a t et pE fiE 6' ,s 94 IB),..r.Z - Nov?813 03:01p Prime Auto Sale 717-701-8437 P•16 EVU;EERS GUIDE IMPORTANT:Spoken promises are dim uR to enforce.Ask the dealer to put all promises in writing. Keep this form. v R 1 -! HI VECLE MAKE D L DEAIER 80q VIM NUMBER 1/45 WARRANTIES FOR THIS VEHICLE: XASIS - NOWARRANTY YOU WILL PAY ALL COSTS FOR ANY REPAIRS. THE DEALER ASSUMES NO RESPONSIBILITY FOR ANY REPAIRS REGARDLESS OF ANY ORAL STATEMENTS ABOUT THE VEHICLE. WARRANTY ❑ FULL ❑ LIMITED WARRANTY.The dealer will pay %of the labor and__ qb of the parts for the covered systems that fall during the warranty period.Ask the dealer for a copy of the warranty document for a full explanation of warranty coverage, exclusions, and the dealer's repair obligations. Under state law, "implied warranties"may give you even more rights. SYSTEMS.COVERED: DURATION: • X SERVICE CONTRACT. A service contract is available at an extra charge on this vehicle.Ask for details as to coverage,deductible, price,and exclusions. If you buy a service contract within 90 days of the time of sale, state law"Implied warranties"may give you additional rights. PRE PURCHASE INSPECTION: ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED BY YOUR MECHANIC EITHER ON OR OFF THE LOT. SEE THE BACK OF THIS FOAM for Important additional information, Including a list of some major defects that may occur In used motor vehicles. W.% it 3 Nov 1813 03:02p Prime Auto Sale 717-701-8437 p.17 • Frame&Body • ilra`ce SVstern. . Frame—cracks.co-roctive welds.or nested through Failure warning light broken Dogtracks—bert or twisted frame Pedal not firm under pressure{DOT specs.) Not enough pedal reserve(DOT specs.) Engine Decs r-ot stop vehicle in straight(DOT specs.) Oil leakage,excluding normal seepage Hoses damaged Cracked block'or head Drum or rotor too thin(Mfgr.Specs.) Belts missing or inoperable Lining or pad thickness less than V,r inch Knocks or misses related to camshaft lifters and push rods • Power unit not operating or leaking Abnormal exhaust dfsctarge Structural or mechanical parts damaged Transmission&Dive Shaft Steering System Improper fluid level or leakage,excluding normal seepage Too much free play at steering wheel(DOT specs.) Cracked or damaged case which is visible Free play in linkage more than s;inch Abnormal.noise or.vibration caused by faulty-transmission or Steering gear binds or jams drive shaft Front wheels aligned improperly(DOT specs.) • Improper shifting in any gear Power unit belts cracked or slipping Manual clutch slips or chatters Power unit fluid level improper • Dlfterential Suspension System Improper fluid level or leakage excluding normal seepage • Ball joint seals damaged Cracked or damaged housing which is visible Structural parts bent or damaged Abnormal noise or vibration cause_d by faulty differential Stabilizer bar.disconnected Cooling System Spring broken Leakage including radiator Shock absorber mounting loose Improperly functioning water pump Rubber bushings damaged or missing Radius rod damaged or missing Electrical System Shock absorber leaking or functioning improperly - Battery leakage 'rims Improperly functioning alternator,generator,battery,or starter Tread depth less than inch . Fuel System Sizes mismatched Visible leakage Visible damage • Inoperable Accessories • • Wheels • Gauges or waning devices - Visible cracks,damage or repairs Air conditioner Mounting bolts loose of missing Heater&Defroster Exhaust System . Leakage ~ ADDRESS .rnStl 5ttie ,..,-.)=, 1161;tti31 b eariNit PA 17915 St. FOR COM?t:.I TS • iii i?QRTA'\T:The information on this form is part of any contract io buy this vehicle.Removal of this label before consumer purchase(except for purpose of test-driving)is a violation of federal law(16 C.F.R.455).. I HAVE pgAD AND REOGIVFC A COPY OP THE BUYERS GUIDE ON THIS VEHICLE. • . 1 �_- 1 r �^'. 1 1(..........44.....4.---k.....-J .; -------- .r^- _ DATE -7 (�i 1 _) SIGNATURE t` . Nov 1'813 03:01p Prime Auto Sale 717-701-8437 p.15 • Style# 1853 Copyright C1;19119 AutoLine . P * Auto Sale 1500 Harrisburg Pike Carlisle n,; 170I5 —t i .1-1:71-1Ll37" PURCHASE ORDER FOP NAM°_ DATE [1 NEW or jlld USED ❑DEMO ❑CAR ❑TRUCK BRAND a.net Aar/ e Le 1'e-e 2?.6-13 YR. MAKE MO.'1E. TYPE _ Fct. €Mtfu .3-2„, mi ./LGE STREET IM'r "2-3% . 133 321 35'63 n rt, fie. e-T /VT- a30 - • y CM STATE 1 i ; II' - 3 LLA C , -- q5 ) J pp{4C.-. •5A.,(' de ) 71© 7 SA;ES iMN TO9EDELIVERED 0408ABOUr s � E za . i> ‘ I TRADE IF APPLICABLE PRICE OF VEHICLE 4 '103 ,00 YR. MAKE MODEL TYPE cJ�”'• • CDIAR I TRIM i.E. . Q.Q75 . .4ef 4.eS-4< .i�..rovv "-e 11`tiP viu * Q✓5-0A.I.E.. -;f 5 • et:-'cc%r �. /` i.S TIRE NO. 1 ELATE NO. IExP.DATE r.,, cI....,-, i oci � c.)/-1 1re (/ja0J . e7a1".2.4-$ a OWNER 1•LOAN i iiir n ,'`J LEN1OLDER I PHONE SG% & /'t5-5 k)/0 t.-rec./f 4-ti er, A `t ADDRESS SPOKE WI WI '.4-f t t.-f�, t.3e./Sine LI J A45 o.'l '4 /CA cLAfeeelf,'./3; ,44 cbc g'.At351��4Ae k C. AMOU . 0000 TILL VERIFIED BY y I'lbbCsr#'i 1 ,SL IDS a l r1 4elai tica rt,�✓14 vF4r ef- - -_ _ N nc\:sd:1 CO114•i MAilt - AvSJRANCE INFORMATION • NAME OF AGM' PHONE MONTHS MILES ADDRESS Cash Price of Vehicle&Accessories Sales Tax � .00 POLICY'LMBER T=items DEDUCTIBLE • . REGISTRATION TIT E TRANSFER 9SCUTALIRANCE f 1NSUNAJ CE CO. 0 core ATTACII6) Documentary Fee _ OhJ. 04.y! EFFECTNE DATE Elm DATE VERIFIED 6Y Messenger Fee- 3 j..,i tary ND Fee, W.RRANTY INFORM tTION - ❑FACTORY WARRANTY-Thefactory warranlyconsliMeeatofthewarr eallaslvithrespectlothesaleorglis greivc#11>t iternaeas.The seller hereby expressly disclaims au warranties.eater eapraased ce impted including any -OA levied warranty of rrerchantaday or fitness fora panto*pwpoae4 and the seller wallet assumes nor OF ANY) authorizes any other person lo assume tort any tabitly In comedian with the sate of this ilemAens. •. ❑USED CAR WARRANTY-Used car is covered bye kited warmly deleted is a separate doc:anent IgAS IS-This motor vehicle is sold'XS IS vomit any mammy either ehvreesed or implied.The purchaser k `� ail bear the entire ex¢ense of repairing cr correcting any detect that preser>tyr emits or that may occur in Total Prier' -/T7 the ratite). • PURCHASER'S,-~'- ' - . - t=x: Trade-In SIGNATURE- �� ' USED CAR CONTRAC 1 .DISCLOSURE STATEMENT `54-1 •P Amount Less Payoff , THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS `';its(7:, Is SubjeCITO VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE ;> Verification Net Trade In WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE O Deposit ry CONTRACT OF SALE. r.. 100 •ro If you cancel this purchase agreement or refuse to take delivery of the vehicle li..41',i,'j ordered,except as permitted by law,you shall,at our option,forfeit as damages r;'7. Cash on Delivery the amount of$1111.9 R Tole Deposit Devey Cash on Total Down Payment of e PURCHASER'S ^ C P 4.10 SIGNATURE .)--; Purchaser hereby a+bdaes lotto stove Awes Unpaid Balance of Total Pric8r i ,C 16 r Purchaser agrees that this order includes all of the terms and conditions on both the face and reverse side hereof,that this order cancels and supersedes any- prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the subject matters covered hereby • ..-r• % •1 •- o r .in.in• ■ tit•c - -. . I • . -a •r . -_n• iZ:! 1=•it .I-.11- ' Yr}t,, it;e buyer mayyancei this contract and receive a gill fecund any time bore receipt of 3 c-ORy cZ tt1iS contras Sir.,ri d t•"n 2utllori..�t dealer rngresentativs b..giving writ.-n n e Ji ':-nc-I-lion to the deal—. Purchaser by his execution of this order- knowledges that he has rea• its terms and conditions a • .∎ s evved 'itu= ..•''� I .s. V PURCHASER l SIGNATURE "�`""�� DATE .. i ;�✓1 'CC PTE. zY /AA �/A/.Q ../ �. DATE or -.�— —nr*-- -a.- sEterAYIV - --_ ----pt-ga191! ' _ 'r/ i - , Nov 18 13 03:03p Prime Auto Sale 717-701-8437 p.19 _ STATEMENT OF PURCHASE OF - - • Non-guanadeed Used Car •.-. . . • • Tata la to caailythatjhe undotaignodaluyelhavellas day pindated tan • Prims‘:Aldoligle • NAME OF DEALER CrCi — 08M —52-3 I -ApirtilfilseLf 1/14411%.1411.33340156 , l'UliCE-OF CAR NUMBER AS —MOT GUARANTY SI CONSIDERATION cribs LOW PRICE_ _OF 1136 CAR,1 - mos acoopang toad AR idhottany GUARANTHEas to YEAR.1111005:or comornoht D a l v a r y amid=t r i o mob m a d e a t m y a l a i d a k i m d n o t W M. a b o v e m o o l l o r o a d D a ny on,agambrhablo,for anything thstanwhappen*sold car*anytime in thistfeura_ There has talen no verall ornipmembSon underslaichig salad or*SW and I andagaland al comillona Mils sale. I taiaby acknowledge .2",•, • agpuernart. BUYER'S - 4111 - City soon PA . I use • • • £ i3f1-5 • . Nov 181303:03p Prime Auto Sale 717-701-8437 p.18 „ . - . WARRANTY • DISCLAIMER . • / . .• •Ad°441=CS8141---414111SAINNSolo Punzhaser(Ectift....../LLile f___ Maass ,. . My 7.,arilikiniiienriglai .... • rale • :I - 001611 IPA MIS rip codt........2„._ aP cock_ 441-2 cf .. bas saki 63 ptschasar Se vi!Thicte clasated below *DablE. Z-Z-6■143 MAR suas masa BOOT -,7;-) , juil, OdonaNsor Dealer omkosthe donator*°Mae. ialatiah maws- tO marditirsalamy oilman*imbed ledbide abloom-I. . -- . "AS LS" DEALER WARRANTY DiscLANER Bagarealm of dealer's moody dieekefterwlh Mani to above desollbad vehlaist THIS LOCCrOR VEHICLE IS SOLD AS IS IAMHOUTWARRANTY.ETHER EXPRF_SSEO OR IMPLIED THE BUYER WILL BEAR'THE ENTIRE EXPENsE OF FEPAIRINS OR - MAY OCXX1R IN THEWsitcm.THEGEALER MIRE:71M Alir DEFECTSTHAT WAY"1"928r°11 THAT SHALL NOT HAVE ANY 114MAGES..DAMAGES FOR LOSS Or USE.LOSS OFTRAE. OPRIESP°111818PROFITS, OSIE C°148EQUENTIAL IND.D sem ENTAL DAMAGE RESPECTTO ANY ORUTY INC OR ANY OTHER onus vairctE,THE maize saKEs NO DEFECT- RREP -IweitibmillAUItniCTII&R U145n7416"R°THER WARRANTIES _A_OR ASSORANCEs "EFICE4CY VENCLE comes ONLY maw.ambaFAcruaez ' INSTALLED OR LIANUFACTURER REsuicr CateZEorrs.IIMIR PARIS OR ACCESSORIES- PURCHASER ACKNOWLEDGES THAT HE OR SHE HAS READ a UNDERSTANDS AND ACCEPTS ALL OF TRE PROVISIONS Orfila DEAL=WARRANly Dascausem DISCIAlasER COVERING THE VEHICLE AillavE • AS IS READ BEFORE SIGNI 4;7- •"ACirEiCA _...., _....,,.......,......„......"' .., 4 . AIL ,I_ . (CO-SUYERSSIGNA.TURE) wrnau3s - . .,• • ORIGINAL-fa BUYER • • • 1)EFEJ\0 A IA kl4 I Vr6 • - _ _ ------ • T----. ----- -- Nov ?813 03:04p Prime Auto Sale 717-701-8437 p.22 SURE DR DEALERAPIP DarOmA' IOH III PRIOR WE OF VEHICLE• MAKE , R V\j amt _3 , )�1 Cf I_ wN t .4 A A3334 X C l7J`'Jr'� 4 STOCK -5?44 ttaoes banns aaa used In tha auloreeab1e indusby is dw'I solar use of tiataies. Teas a ottosi re is eaeas w ills ouutugur 1n eeamr tl.e PURCRASEIR as to So ondarasratelig of taw toms Dead to dosolbs Ibis nosole. The eft* PURCHASE is gnedlosing„hes hem desaeeed using same or s8 edl etoreas HAW Womb the ems=fa libkh pummeling The DEALERSHIP Ms eat aasve,.a nits asatd•uetta S aeq ufthe umes deGoad below sew Shea Sim The sedan is which PLUMMIER,sigroluse eiseusi TOhs Taunt d ere MILBU IUP'R losewledge,tie t uee wilousuedged by bakwas Info:team*yrior swarths whirl& AYE YON= — A oft used 14 the leetulapow vet bla se paposie. Nano mar almonshalse. leash Ma pedsssed bar Rs ORAMISHIP thoollb ORAL Um osoolboOmors see INN or OM the sandaer=v meae PtcaA ) 1Iu ErlL tPP lisps PRAM VellO.NFACitTRV REPUIMIASS VINELLE—A unit-axle by !ha mensfetkair to a or tot n sw, and Ono �thatoonutoolotor f. born niw aoarea.r,uedacoue of ar.eeeal derenaaprogtama. OdUi{E pes06psdtl stthe allogjolgem,tDEALE SSHIPis sons Mk eta ve_el>eongr- P ASERES1 Automtred DEALERSHIP Ropomoodofswe INUTAL VINICLIVOFF LAM—ORALMUINIP. .Juosad all unlash dteuoeY Sera a mettLauess.ante as Esisysisa RiisS A.Cae:. • - • solltos vetnileaisa ?.vends only Pte) - - tiNOUNALE Vargar—OENERSHIPperReserd Nsvaeleie+6omanetllsr dealer oret dastemsdot s - 1. mew wrens SIP s•~IN ether Bne asa T _'-'o i rvaYdetesa rabldaosly_ Pu Ault oeeoesd b I=e ft Ater 1 have.aodihiedi soksoro and leaRaest Mb*eeectiaet in which 1 Good ems►edg sae snap It aeA tonne used a..�e eel aenrcur-stoat a ass peaar.edoE, Im adm'a.eed0ae feet +�nest by iho DRALESSISHIP to twine T =eked i emit OM,fie ' -- - MS=Taeaalled96- XpArED - -f? -_ I tit. tat I NS down e e deliv r+ed•t:W►di* DATED ac sAusePERfacts maw DATED . . IEFERWTS tYichrir , Nov ?813 03:04p Prime Auto Sale 717-701-8437 p.20 } • General Release • For valuable consideration,lbe receipt ands sufficiency of which are hereby ae awledgcl, f�}tllA Ann" •e IeMire (Releas does hereby ranise,reissue,and forever an heirs, eacecutoas,owners,officers,administrators=d. represeatelives,of and from all, and all amaraQa o actions,tames°faction,std proceedings,debts,dues,contracts, judgments,dateages,clehmz awards,pessaries,fines,expenses inclatfing ate3mey fees and die msadsmhatsoever in law ur wiry,-which Meleager war badoxrw hag,or which ch Releasorr's heirs,executors,administiatars or personal Wives hereafter can,shall,or may have for or by reason of any maw,craise,arthiug whanoever,from tbebeginning ofthe below dale far t6e menden ands release. IN AVIMISS WHEREOF,Ithe for"have escanded-this Releasethis day of alandirritien dateby Releaser) x(Signature ofReleaser) tCL - a) • _ P\a& EYA-R)n— F VERIFICATION The undersigned having read the forgoing Amended Answer states that the language within is true and correct to the best of the undersigned signer's knowledge, information and belief. To the extent that the contents of the foregoing Answer are that of counsel,the undersigned verifies that they have relied upon counsel and information provided to them in the taking of this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 of the Crimes Code (relating to unworn falsification to authorities). Walid Abdalla, President Cool Transport and Towing, LLC, d/b/a Prime Auto Sale December 2, 2013 • • • '` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Nina M. Lemire • NO.: 13-5533 Plaintiff CIVIL ACTION—LAW v. • • Cool Transport& Towing,LLC DIBIA Prime Auto Sale • Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Amended Answer to Complaint with New Matter and Affirmative Defenses upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure,by depositing a copy of the same in the United States Mail,postage prepaid, addressed to: Nina M. Lemire 26 North Walnut Street, Hummelstown, PA 17036 (Plaintiff) ZULLI VEHICLE& TRAFFIC LAW December , 2013 By: . L. Z 1 Es . Id. No. 47499 P � Phili th' ) 155 Grandview Road Hummelstown, PA 17036 717-566-8585 Zulli@msn.com www.zullilaw.ora VERIFICATION The undersigned having read the forgoing Petition for Leave to Amend Response states that the language within is based on information furnished to counsel, or such information has been gathered by counsel in the course of preparing this Petition for Leave to Amend Response,and that it is true and correct to the best of the undersigned signer's knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S.A. §4904 of the Crimes Code (relating to unsworn falsification to authorities). Philip • u i December', 2013 « • ' t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Nina M. Lemire NO.: 13-5533 Plaintiff CIVIL ACTION—LAW v. Petition for Leave to Amend Pleading Cool Transport& Towing, LLC DB/A Prime Auto Sale • Defendant • CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition of Defendant for Leave to Amend Response and file Amended Answer with New Matter and Affirmative Defenses upon the person, and in the manner, indicated below,which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail,postage prepaid, addressed to: Nina M. Lemire Mark F. Bayley, Esq. 26 North Walnut Street, 17 West South Street Hummelstown, PA 17036 Carlisle, PA 17013 (Plaintiff) (Counsel for Plaintiff) ZULLI VEHICLE & TRAFFIC LAW December 4, 2013 By: #Philip L. Zuluq. ( Id.No. 47499) 155 Grandview Road Hummelstown, PA 17036 717-566-8585 Zulli @msn.com www.zullilaw.org Z 13 DEC -4 PH 12: 11 CUMBERLAND CJ�i .ply ' PENNSYLVANIA' Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : DOCKET NO. 13-5533 Prime Auto Sale (Hoda) : CIVIL TERM PLAINTIFF'S MOTIONS FOR JUDGMENT ON THE PLEADINGS AND NOW, comes the Plaintiff,Nina M. Lemire, and in support of the within motion avers as follows: 1. The Plaintiff filed her Complaint on October 10, 2013 which consists of four counts as follows: 1) Violation of the Unfair Trade Practices and Consumer Protection Law, 2) Breach of Contract, 3) Failure of Consideration/Mutual Mistake of Fact (in the alternative), and 4) Unjust Enrichment (in the alternative) (see attached as "Exhibit A"). 2. Averments supporting said counts are set forth in 26 numbered paragraphs. 3. The Defendant filed a document entitled"Response" on October 30, 2013 consisting of 20 numbered averments (see attached as "Exhibit B"). 4. Pennsylvania Rule of Civil Procedure 1029 states in relevant part: (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission. 5. The Defendant's "Response" does not comply with the above Rule in that it fails to admit or deny averments set forth in the Complaint and fails to refer specifically to the numbered paragraphs set forth in the Complaint. 6. Accordingly, all averments set forth in the Complaint should be deemed admitted as a matter of law. I. MOTION FOR JUDGMENT ON THE PLEADINGS REGARDING COUNT I—VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 7. Previous paragraphs are incorporated herein. 8. The Unfair Trade Practices and Consumer Protection Law Act at 73 P.S. §201-1 et seq. states in relevant part: §201-9.2 Private actions (a) Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared unlawful by section 3 of this act, may bring a private action to recover actual damages or one hundred dollars ($100), whichever is greater, The court may, in its discretion, award up to three times the actual damages sustained, but not less than one hundred dollars ($100), and may provide such additional relief as it deems necessary or proper. The court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees. 9. Section 201-2 of the Act provides definitions as follows: (4) "UNFAIR METHODS OF COMPETITION" and"UNFAIR OR DECEPTIVE ACTS OR PRACTICES"mean any one or more of the following: (ii) Causing likelihood of confusion or of misunderstanding as to the ... approval or certification of goods or services; (v) Representing that goods or services have ... approval, characteristics, ... [and] benefits ... that they do not have.... (vii) Representing that goods or services are of a particular standard, quality or grade ... if they are another[.] 10. The Complaint sets forth averments that meet the above elements; the admission of said averments justifies the statutory relief as stated above. WHEREFORE, the Plaintiff requests judgment on the pleadings for her actual damages of$2,534.21 plus costs and a hearing for the sole determination of reimbursement for attorney fees, the multiplication of actual damages up to 3 times, and the granting of any other relief the Court deems necessary or proper. H. MOTION FOR JUDGMENT ON THE PLEADINGS REGARDING COUNT II—BREACH OF CONTRACT 11. Previous paragraphs are incorporated herein. 12. The Complaint sets forth averments that evidence the existence of a contract and a breach thereof by the Defendant. WHEREFORE, the Plaintiff requests judgment for actual damages of$2,534.21 plus costs. Respectfully submitted Nina Lemire, Pro se 26 North Walnut Street Hummelstown, PA 17036 CERTIFICATE OF SERVICE I, Nina Lemire, do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, addressed as follows: Prime Auto Sale (Hoda) 1500 Harrisburg Pike Carlisle, PA 17015 v Nina Lemire, squire Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : DOCKET NO. 13-5533 c �1 Prime Auto Sate(Hoda) : CIVIL TERM s Q -� 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 E EXHIBIT Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA vs. : DOCKET NO. 13-5533 Prime Auto Sale(Hoda) : CIVIL TERM COMPLAINT 1. The Plaintiff is Nina Lemire who is an adult individual residing at 26 North Walnut Street, Hummelstown,Pennsylvania, 17036. 2. The Defendant is Prime Auto Sale(Hoda), a business entity, that conducts business at 1500 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. The Defendant is in the business of car sales and maintains a sales lot at its above address. 4. In February 2013 the Plaintiff entered said sales lot and looked at a 1999 BMW 3231 that Defendant offered for sale. 5. At the time said vehicle had state inspection and emissions stickers affixed to its windshield indicating that the vehicle had passed both state inspections in February of 2013. 6. Defendant's agent/employee Abdalla Hoda.additionally indicated to Plaintiff that the vehicle had passed both inspections and that the vehicle was in"great condition." 7. The Plaintiff subsequently purchased the vehicle from the Defendant for a total of$4,706.50. 8. The Plaintiff was pulled over by police the following day and was issued a citation due to the vehicle's lights being painted;the vehicle should not have passed inspection due to said painted lights. 9. The Plaintiff immediately had various other problems with the vehicle and soon discovered that it should not have lawfully passed inspection in February for the following reasons: a. The aforementioned painted lights; b. Worn arm bars; c. Worn ball joints; and d. Malfunctioning 02 sensors. 10. The Plaintiff was damaged in that she spent a total of$2,426.85 for the costs of repair of the above items and rental car. 11. The Plaintiff lost a day of work to deal with the above repairs which damaged her in the amount of$107.36 in lost wages. COUNT VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 12. Previous paragraphs are incorporated herein. 13. The Plaintiff purchased the aforementioned vehicle for her personal, family, and household purposes. 14. Defendant's agents and/or employees knew or should have known that the inspection stickers displayed on the aforementioned vehicle were obtained improperly and/or unlawfully and/or fraudulently. 15. Defendant's agents and/or employees knew or should have known that the inspection stickers displayed on the aforementioned vehicle were issued improperly and/or unlawfully and/or fraudulently. 16. The Defendant's use of said inspection stickers in the marketing and selling of said vehicle to Plaintiff was in violation of the Unfair Trade Practices and Consumer Protection Law, under 73 Pa.C.S. §201-1 et seq., in that: a. Said act caused Plaintiff confusion or misunderstanding as to the approval or certification of the vehicle. b. Said act represented the vehicle to have approval, characteristics, and benefits that it did not have. C. Said act represented that the car was of a particular standard, quality or grade that it was not. 17. Due to said violation, the Plaintiff has suffered monetary damages including, but not limited, the cost of repairing/replacing said vehicle and the loss of the funds used in the purchase of the vehicle. WHEREFORE, Plaintiff requests an award of three times her actual damages sustained together with the costs of litigation, counsel fees and any other relief deemed appropriate by the Court. COUNT II BREACH CONTRACT 18. Previous paragraphs are incorporated herein. 19. The Defendant offered the subject vehicle for sale while holding out that the vehicle was properly and lawfully inspected and in a suitable condition to lawfully operate. 20. The Plaintiff provided valuable consideration for the subject vehicle based upon the Defendant's representation that the vehicle was properly and lawfully inspected and in a suitable condition to lawfully operate. 21. The vehicle was not, in fact,properly and lawfully inspected and in a suitable condition to lawfully operate. 22. The Defendant breached its contract with Plaintiff by failing to provide said vehicle in its advertised condition. WHEREFORE,the Plaintiff requests an award for her damages associated the purchase and/or repair and/or replacement of the subject vehicle. COUNT III (IN THE ALTERNATIVE) FAILURE OF CONSIDERATION/MUTUAL MISTAKE OF FACT 23. Previous paragraphs are incorporated herein. 24. In the event that the trier of fact determines that agents and/or employees of Defendant reasonably did not know that the vehicle was not lawfully inspected,the contract is void/unenforceable due to failure of consideration and/or mutual mistake of fact in that the Plaintiff did not receive consideration as intended by the parties or otherwise in exchange for funds that she paid to the Defendant. WHEREFORE,the Plaintiff requests an award for her damages associated the purchase and/or repair and/or replacement of the subject vehicle. COUNT IV(IN TH ALTERNATIVE) UNJUST ENRICHMENT 25. Previous paragraphs are incorporated herein. 26. In the event that the trier of fact determines that agents and/or employees of Defendant reasonably did or did not know that the vehicle was not lawfully inspected the Defendant has been unjustly enriched at Plaintiff's expense in that the Defendant received unfair compensation for the subject vehicle from Plaintiff based upon the facts set forth above. WHEREFORE,the Plaintiff requests an award for her damages associated the purchase and/or repair and/or replacement of the subject vehicle. Respectfully submitted, ina Lemire,Pro e Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. : DOCKET NO. 13-5533 Prime Auto Sale(Hoda) : CIVIL TERM VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §4904 relating to unsworn falsification to authorities. Nina Lemire Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : DOCKET NO. 13-5533 Prime Auto Sale (Hoda) : CIVIL TERM CERTIFICATE OF SERVICE I, Nina Lemire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: Prime Auto Sale(Hoda) 1500 Harrisburg Pike Carlisle,PA 17015 � 3 Nina Lemire Nina M. Lemire IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : DOCKET NO. 13-5533 Cz -} Prime Auto Sale Defendant : CIVIL TERM C Cs RESPONSE >f: t 1. The Defendant, Prime Auto Sale, is a small business entity,operating as a re-seller of used cars at 1500 Harrisburg Pike, Carlisle, Cumberland County,Pennsylvania. 2. Defendant and/or its agents/employees do not perform any mechanical or inspection work on any of the vehicles they re-sell. 3. Defendant forms reliance on state sanctioned and licensed mechanical shops to perform said inspections, as is compliant with the state and federal laws. 4. Defendant has no reasonable way to verify the results of mechanical and/or state emissions inspection results EXCEPT to rely on state-sanctioned documentation provided. 5. Defendant allows all customers/car buyers to verify and inspect vehicles prior to any purchase and using any mechanic/shop the buyer wishes to use. 6. FURTHERMORE,Defendant provides customers/car buyers with a requisite Buyers Guide with a NO WARRANTY clause included. 7. Defendant's use of the state-sanctioned AS IS-NO WARRANTY Buyers Guide is based upon state and federal laws governing the Used Car Sales based on the Used Car Rule. 8. Defendant has formed a reliance on the rules and regulations outlined in the multiple publications by the state and federal regulating authorities governing used car sales. 9. FURTHERMORE,the offer of NO WARRANTY clause allows the defendant to work to discount prices of sold vehicles for the benefit of the customers/car buyers. EXHIBIT 10.The Plaintiff's February 2013 purchase of a 1999 BMW 3 23 i is fully governed by the rules,and conditions outlined above. 11. The Plaintiff's was.aware.of the AS-IN NO WARRANTY clause, has signed aforementioned clause,and has benefited financially from doing so due to lower negotiated price. 12. The Plaintiff was aware of the option to have the vehicle checked/inspected by the mechanic of her choice before the purchase, especially due to the lack of warranty on the vehicle. '1 13. The Plaintiff has signed several additional documents absolving the Defendant of any responsibility to warrant the car, thus benefiting the Plaintiff financially due to lower negotiated price than comparable the vehicles of make/model the Plaintiff has purchased. 14. The Defendant forms a reliance on the said state-sanctioned release forms and is only able to operate its business under the due protection offered by the said release forms. 15.THEREFORE,the Defendant has not violated any unfair trade practices rules or the consumer protection law.All the aforementioned signed forms are attached herein. 16.The Defendant has had no duty to to go above and beyond what is reasonable in forming a reliance on the state-sanctioned and licensed inspection& emissions mechanic's shop. 17. The Defendant employed and relied on state inspection mechanic's shop named 83 Automotive Center,LLC, located at 5208 N. Susquehanna Trail,York Pennsylvania, 17406. 18. The Defendant has paid all the legitimate fees associated with the normal costs and repairs of the state-sanctioned inspection&-emissions test,payable to the said mechanic's shop. 19. The Defendant has sold hundreds of cars after inspecting them in the same or similar state- sanctioned inspection shops, forming reliance on the said inspection providers. 20. The Defendant's use of the legitimate inspection sticker provided by the state-sanctioned inspection&emissions mechanic's shop does not violate the rules of reasonable conduct as is outlined in the Federal Trade Commission's A Dealer's Guide to the Used Car Rule governing publication. Nina M. Lemire IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. : DOCKET NO. 13-5533 Prime Auto Sale Defendant : CIVIL TERM VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18.Pa. Cons. §4904 relating to unsworn falsification to authorities. �0 Hoda Abdalla 10,11,ttarrisburg pike Carlisle PA. 17015 PURCHASE ORDER FOR NAME DATE TLE E3 NEW or X USED El DEMO El CAR [I TRUCK BRAND YR. MAKE MODEL TYPE , COLOR' TRIM MI EAGE STREET 13s 3zi VIN CITY- STATE ZIP 3 3 3 CI t S K O. SALESMAN T08E DELIVERED ON OR ABOUT ONE PHONE Bus. r 20 TRADE IF APPLICABLE PRICE OF VEHICLE -i '�/'y� •d� YR MAKE MODEL TYPE COLOR TRIM MILER VIN 9� Cv i•4.��[+t ,` �Lwf rcx t-e TITLE NO. PLATE NO. EXP.DATE JYJI'1.rt-r�j � OWNER LOAN R LIENHOLOER PHONE S`1 W`itr,t�� L- ADDRESS SPOKE WITH CL-I—� eX(/t,$ /,t9 AMOU GOOD TILL VERIFIED BY CL" pr' I X;be&, lei- t`7. fo5;-,_,J «11 4icv SXtGA1BB-±�m,p, i.Jct;.'fig co M Pi } K4 st i-ancvtC INSURANCE INFORMATION t 1 }tylt NAME OF AGENT PHONE MONTHS MILES ADDRESS Cash Price of Vehicle&Accessories POLICY NUMBER COLLISION DEDUCTIBLE Sales Tax �j,�•Q, �� REGISTRATION TITLE TRANSFER ENCUMBRANCE a3.se INSURANCE CO. COPYATTACHED Documentary Fee Q5.cc EFFECTIVE DATE - EXP.DATE VERIFIED BY Messenger Fee u ? Notary Fee WARRANTY INFORMATION ❑FACTORY WARRANTY•Thefactory warranty constitutes all of the warranties With respect to the sale of this iten>rtems.The seller hereby expressly disclaims all warranties,either expressed or implied ineluding any implied warranty of merchantability or fitness for a particular purpose,and the seller neithdr assumes nor authorizes any other person to assume for it any liability in connection with the sale of this itemrdems. ❑USED CAR WARRANTY-Used car is covered by a limited warranty detailed in a separate document. �'`` �[AS IS-This motor vehicle is sold'AS IS"without any warranty either expressed or implied.The purchaser y will bear the entire expense of repairing or correcting any defect that presently exists or that may occur in Total Pric !, the vehicle. o ` PURCHASER'S,, -, , - Trade-In SIGNATURE X USED CAR CONTRACIWAIL DISCLOSURE STATEMENT Payoff Amount Less Payoff' THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS Is Subject To VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE Verification Net Trade In WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE Deposit�N CONTRACT F SALE. 100 •9�0 If you cancel this purchase agreement or refuse to take delivery of the vehicle ° ordered,except as permitted by law,you shall,at our option,forfeit as damages Cash on Delivery ## the amount of$PURCHASERS Delivery C(`i _ Trade+ Deposit + Cash l y Total Down Payment LN 100. d SIGNATURE X (� P„rchaser hereby ac owledges to the above Nause. Unpaid Balance of Total Pric61 G x Purchaser agrees that this order includes all of the terms and conditions on both the face and reverse side hereof,that this order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the subject matters covered hereby.This order shall not become b nd no Until aeceoted by the dealer or his authorized representative. refun_fl a j t,•+_1, . Purchaser by his execution of th•.s order a; .-w.1 edges:na;t*e has rea •ts terms and cond.;—S a- S, C<_, o PURCHASER SIGNATURE X GATE !� CCE?-EC SY DATE .:,►L POSY.-. a i BUYERS . GUIDE IMPORTANT:Spoken promises are diAicuit to enforce.Ask the dealer to put all promises in writing. Keep this form. Rmw l VEHICLE MAKE M DEL YEAR 0-1-,)SO4 DEA ER ST(5CV BE (Oplional) VIN NUMBER WARRANTIES FOR THIS VEHICLE: AS IS = NO WARRANTY YOU WILL PAY ALL COSTS FOR ANY REPAIRS. THE DEALER ASSUMES NO RESPONSIBILITY FOR ANY REPAIRS REGARDLESS OF ANY ORAL STATEMENTS ABOUT THE VEHICLE. .,WARRANTY ❑ FULL ❑ LIMITED WARRANTY.The dealer will pay %of the labor and of the parts for the covered systems that fail during the warranty period.Ask the dealer for a copy of the warranty document for a full explanation of warranty coverage, exclusions, and the dealer's repair obligations. Under state law, "implied warranties" mpy give you even more rights. SYSTEMS COVERED: DURATION: i SERVICE CONTRACT. A service contract is available at an extra charge on this vehicle.Ask for details as to coverage, deductible, price, and exclusions. If you buy a service contract within 90 days of the time of sale,state law "implied warranties" may give you additional rights. PRE PURCHASE INSPECTION: ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED BY YOUR MECHANIC EITHER ON OR OFF THE LOT. SEE THE BACK OF THIS FORM for important additional information, including a list of some major defects that may occur in used motor vehicles. WARRANTY DISCLAIMER r�Sstlerl Autos ... Pumhaser-(auym 'AddreW _ Adress _.�e r T cltyy C4 i:L . A.._.. see AldW PA s� ZAP Code T - Tip Code _? Oaalws has said to aumhmr the vehicle desatbed WOW 1'F1U2 UAVM Mt7DB. WW I E7t1AL14b_ t)daRlet� Dealer maids tht#CortdrTcetis bfttt mate vAth regards to AMY of 9ftM v as lbu t, AS 190 E)E' ALEP- WARRANTY DISCLAIMER ftbr offon of deaiees Waffa*dlsclaimervft mgard to aWve dMMInd vaIdde: THIS MOTOR VEHICLE IS SOLD AS IS WITHOUT WARRAWY.ETHM EXPRESSM OR IMPLIED-THE BUYER WILE. BEAR I'HE ENTIRE E XP MSE OF REPAIRING OR CORRECnNG ANT OWE=THAT MAY PRESENTLY EXIST OR THAT MAY OCCUR IN THE VEHICLE THE DEALER SHALL NOT HAVE ANY RF9PONSIBIL MY FOR OQNSEQUEN T tAL DAMAGES,DAMAGES FOR LOSS OF[1St:.LOSS OF TIrVF—LOSS OF PROFrI'S,OR INCOME.OR ANY OTHER INCIDENTAL DAMAGE tii1/1TH RESPECT TO ANY DEFECT OR MAtF'UNCTION OR uNFITNESS OR OTHER D1=FICI6iCY OFTHIS VEHICL--jlq r DEALER MAKES NO WARRANTIES.REMMSENTAMON OR ASSURANCES THATTHE MOTOR VEHICLE CONTAINS ONLY ORIGINAL.MANUFACTURER INSTALLED OR M"FACTURER REBUILT COMPONENTS PARTS OR ACCESSORIES. PURCH"ER ACKNOWLEDMS THAT HE OR SHE HAS RE",UNDERSTANDS NDS AND ACCEP S ALL OF THE PRO'Vl.SJOtM OF THIS DEAL Mt WiaARRAIrIW DISCL MMt COVERING THE VtMCM ABOVE DESGRISM, 3 LB READ BEFORE BIG I ' SIGdATU (co-BUWWS SIGNATURE) URE) wItTIwtE3s OM2163NAL t 0 BUYER STATEMENT OF PURCHASEOF - raeed Used Car Ttft a io cafflyttaiLtm day W=md ftm NANEWDEALEft he- IOF CAR AID sE r AS IS—NOT GUARANTY Rd CONSMERknON din LOWPMC EOF THIS i liftsomrAw i tui l GUARAfi TEEastDYEA&MODM:ffi WOMIMMAL€ONDMO - ©duey 6Fsgid carto mail madamt my SARI ftkmdwt nd toad atone nmmftmed D a-any 3itt�tt�iae�t ttpve�sl��ar3��'utg or�pl�t�I ttd . arc of GdL I famby admmvWge _ flFihis art Siste FA _ General Release For valuable coasid ion,the receipt and sufficaencg ofwhichare herelsyacdmowledged, X i n A A u r ie 1 e m l-P (°`Rehr"),doesharby reams,release,and hrever �e Prints Auto Sate=d W LLC Carp sauna_(Rde='j mgWmidn an ham, executors,ovvnam offfcm-s,admsmsfors and personal des,of and from all, and all manner© acticm;caries aft suite pm.=d gs,deb t%dmm cornam, judgmmti6 es�cis.HabUffie.%awards,p=affim flues,expo iurciu&ug attamey fees and demands whatsoever m law or eqtdty,vtbi ch` deasor evet hart,now has,or which Redeasoes heirs,esecamrs,Ac *Mtgir I rs ar gimonal reI reserves havafter cam,shall,ormaybave for orbyreascm of mrymamm cause,orf tag whaMOeM,from ft begging ofthe below date for bir,execEMoa ofNsxelesse. IN WMMSS WHMEtOF,I the'l�leasar"have execuftd Ibis Rdessethas clay of M mdwrWm daft byRekasor) (mgmtureof Mm") a COMMONWEALTH OF PENNSYLVANIA IIIIIIIIIIIIINfIIlIIIIIIlllllllllflllfllll�lf III{IIIIIIIIIIIIIIIIIIIIIIINNIIIIillllf IIII{1111 VIN: WBAAM3p33p4XCD5j5956 VEHICLE EMISSIONS INSPECTION REPORT IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIl IIIIIIlIIIIlNlIlIIIlIIIIIIIIIII Test Start Date/Time.-02/07/2013 @15:26 Title: 99999 VEHICLE INFORMATION Year: 1999 Make: BMW Model: 3-SERIES VIN: WBAAM3334XCD55956 Engine Size: 2.5 L Cylinders: 6 Odometer: 133322 GVWR: 0000 Estimated Test Weight: 3375 License: J95015J Inspection Type: INITIAL Record Number: 001143 County: CUMBERLAND EMISSIONS CONTROL SYSTEMS VISUAL/FUNCTIONAL INSPECTION Air Injection System NA Catalytic Converter NA Fuel Cap Integrity: PASS PCV Value NA Fuel Inlet Restrictor NA Exhaust Gas Recirculation NA Fuel Evaporation Control NA OBD EMISSIONS INSPECTION MIL BULB KOEO: PASS OBD FAULT CODE RESULT: NA MIL BULB KOER: PASS OBD READINESS RESULT NA MIL COMMAND STATUS: NA OBD-I/M CHECK RESULT: NA OVERALL TEST RESULTS: PASSED Emissions Control Systems Visual/Functional Inspection: PASS OBD Emissions Inspection: NA Sticker: IM 32926198 TIN: 894521890856 Based on the information gathered during an attempt to perform an On Board Diagnostic test, NO Signal was available from the Onboard Diagnostic computer system.This vehicle should produce a signal from the On Board Diagnostic computer system. This vehicle needs to have the above problem corrected prior to next year's emissions inspection. RETAIN THIS DOCUMENT FOR YOUR RECORDS Vehicle tested in accordance with Pa. Code Title 67. Chapter 177 EMISSIONS INSPECTION STATION STATION#: DT57 STATION NAME: 83 AUTOMOTIVE CENTER INSPECTOR NAME: LONNIE MARKLE ADDRESS: 5208 N.SUSQUEHANNA TRAIL,YORK 17406 PHONE: 7172666655 EQUIPMENT#: SE021845 SOFTWARE VERSION: 06.02 VEHICLE EMISSIONS INSPECTION QUESTIONS:For Inspector's additional information,please contact the Customer Hotline at p Signature: (800)265-0921. 83 Automotive Center LLC 5208 N Susquehanna Trail invoice AUTOMOTIVE York,Pa 17406 CENTER 717-266-6655 Date Invoice# 6 2/7/2013 782 3 utom tivece er mil. m 13111 To prime auto sales Year/Make Model Mileage VIN# 1999 bmw 323i 133322 5956 Quantity Description Rate Amount 1 inspection&emission 40.00 40.00 1 lower control arm 83.51 83.51 1 front brake pads 41.95 41.95 7 oil 2.16 15.12 1 oil filter 8.18 8.18 1 h3 bulb 6.47 6.47 l intake hose 12.86 12.86 1.2 r/r lower front control arms 45.00 54.00 1 r/r oil and filter 10.00 10.00 I r/r front pads 45.00 45.00 1 r/r air inlet hose 45.00 45.00 1 Diagnostic 45.00 45.00 1 breather 48.00 48.00 Sales Tax 6.00% 0.00 Total $455.09 Nina M.Lemire :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. Prime Auto Sale : DOCKET NO. 13-5533 Defendant �3 w 1-11 F CIVIL TERM r O C-1 �-- Cn� CD% cJ� O CERTIFICATE OF SERVICE' w CDC N 1, Hoda Abdalla representing Prime Auto Sale,do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: Nina Lemire 26 North Walnut Street, Hummelstown, PA 17036 �3m l3 CARLISLE MPO CARLISLE, Pennsylvania 170139998 4134870013 -0093 10/30/2013 (800)275-8777 03:14:24 PM Sales Receipt Product. Sale Unit Final Description Qty Price Price HUMMELSTOWN PA 17036 Zone-1 $0.86 First-Class Mail Letter 2.10 oz. Scheduled Delivery Day: Thu 10/31/13 ";;7;;,Issue PVI: $0.86 Total: $0.86 Paid by: Cash $1.00 Change Due: -$0.14 ww*w**wkwwwkwwwwww*wwwkw«**wwwwwww*kwk«k *k***wwwwww«**k*k«**«kwww«w*kwW«WWWwwW*« BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. *w*kk*wkkkw*ww*kw*ww*wW*w**wwk**kwkwwWk* ww*ww*ww*ww*wwk«w*ww*wwW«*«wwkk«Wwwkww*« Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-LISPS. • *w*«kW*wwwkwk**ww*«wk*«k*ww*ww*wwwwww*kw ww*wwwww*kwwwwwww*wwwwwwwwwwwwwwwwwwwww« Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. «w*ww*ww*wwwww*k«*wwkkkwkw*kw*wwkwwwwW*W www«wwww*wkwww*w«ww«wwwwwwwwwwwwwwk*w«*w Bill#: 1000705197795 Clerks 20 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business *+.*w*wkkwwwwwwkkw*kkwkk**kwwk*kk*wwkwwwk ww*««w«wwww*kw«ww*k««wwww«w«W«*kwwwww«*w HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS W***WkW«kwwkwwk*Wkkk**WW*«*««W*«*wwwww*« **w**wwwwWWwww****«wwkww*******YF***ww**w Customor Copy PRAECIPE FOR LISTING CASE FOR ARGUMENT //�� (Must be typewritten and submitted in triplicate) &, ` -A I- TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter forge next Argument Court.) Plaintiffs Motions for Judgement on the Pleadings. rn rn CAPTION OF CASE (entire caption must be stated in full) CD Nina M. Lemire Plaintiff `' -� C- -- vs. : , Prime Auto Sale (Hods) No 13-5533 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motions for Judgement on the Pleadings. 2. Identify all counsel who will argue cases: (a) for plaintiffs: (Name and Address) (b) for defendants: Phillip L. Zulli Esquire (Name and Address) 155 Grandview Rd, Hummelstown, PA 17036 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 14,2014 Signature N Le Print your name Nina M. Lemire Pro 3-e— Date: December 4, 2013 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT �� 7 ADMINISTRATOR(not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. is 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) after the case is relisted. �,(� y FYyv Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 13-5533 Prime Auto Sale (Hoda) : CIVIL TERM PRAECIPE TO LIST CASE FOR ARGUMENT COURT TO THE PROTHONOTARY: Kindly list the above matter for argument court, for disposition of Plaintiff's Motions for Judgment on the Pleadings. Respectfully submitted r' .. Nina Lemire, o se 26 North Walnut Street Hummelstown, PA 17036 CERTIFICATE OF SERVICE I, Nina Lemire, do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, addressed as follows: Prime Auto Sale (Hoda) 1500 Harrisburg Pike Carlisle, PA 17015 Nina Lemire, Esqu' e NINA M. LEMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW • COOL TRANSPORT & • TOWING, LLC, D/B/A • PRIME AUTO SALE, Defendant : NO. 13-5533 CIVIL TERM IN RE: PETITION OF DEFENDANT FOR LEAVE TO AMEND RESPONSE TO CORRECT DEFENDANT'S NAME ANDFILE AMENDEDANSWER WITH NEW MATTER AND AFFIRMATIVE DEFENSES ORDER OF COURT AND NOW, this 16th day of December, 2013, upon consideration of the above- captioned Petition, a Rule is hereby issued upon the Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christyl-e L. Peck, J. Mark F. Bayley, Esq. 17 West South Street Carlisle, PA 17013 ?`; Attorney for Plaintiff , Philip L. Zulli, Esq. ; 155 Grandview Road . y . Hummelstown, PA 17036 Attorney for Defendant :rc eo es ;LAC Jali4//3 !01r, JA 16 F1 1: 13 I RLAf-D C'a'it , "r P N1SY L V A NJ Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : DOCKET NO. 13-5533 Prime Auto Sale (Hoda) : CIVIL TERM PLAINTIFF'S MOTION TO WITHDRAW PLAINTIFF'S MOTIONS FOR JUDGMENT ON THE PLEADINGS AND TO REMOVE MATTER FROM FEBRUARY 14, 2014 ARGUMENT COURT LIST AND NOW, comes the Plaintiff,Nina M. Lemire, and avers as follows: 1. The Honorable Christylee L. Peck was assigned to the within matter. 2. The Plaintiff filed Plaintiff's Motions for Judgment on the Pleadings on or around December 4, 2014 along with a praecipe to list the matter for argument court; the matter is expected to be scheduled for argument court on February 14, 2014. 3. The Plaintiff thereafter indicated, to Defendant's counsel, no objection to the Defendant's petition to file amended pleadings (and to correct the caption). 4. The Plaintiff therefore moves to withdraw her motions for judgment on the pleadings and to remove the matter from the February 14, 2014 argument court list. 5. Phillip L. Zulli, Esquire, was contacted and has no objection to the within motion on behalf of the Defendant. WHEREFORE, the Plaintiff requests to withdraw her motions for judgment on the pleadings and to remove the matter from the February 14, 2014 argument court list. Respectfully submitted Nina Lemire, Pro se 26 North Walnut Street Hummelstown, PA 17036 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. c Date Nina Lemire CERTIFICATE OF SERVICE I,Nina Lemire, do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail,postage prepaid, addressed as follows: Philip L. Zulli, Esquire 1501 N. Front Street Harrisburg, PA 17102 Nina Lemire Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 13-5533 Prime Auto Sale (Hoda) : CIVIL TERM ORDER OF COURT AND NOW, this , n4 day of ✓ 71,r 1, , 2014, upon motion by the Plaintiff it is directed as follows: 1. The Plaintiffs Motions for Judgement on the Pleadings are deemed withdrawn. 2. The matter is therefore removed from the February 14, 2014 argument court list. BY THE COURT: Hon. Chri ylee L. Peck cc: 4a Lemire 2 ✓Philip Zulli, Esquire m= y Copses, MM r— -izajfpy N err: Lrfis tUfii��;1� 0 tly 44FFB 12 PM j: 39 CUMBERLAND COUNTY PEN'N S`r'1.VAN1A ZULLI VEHICLE &TRAFFIC LAW NOTICE TO PLEAD BY: Philip L.Zulli,Esq. TO: PLAINTIFF PA Atty.ID#: 47499 155 Grandview Road YOU ARE HEREBY NOTIFIED TO FILE A Hummelstown,PA 17036 WRITTEN RESPONSE TO THE (717) 566-8585 ENCLOSED NEW MATTER AND E-mail: Zulli@msn.com AFFIRMATIVE DEFENSES WITHIN Attorney for Defendant TWENTY(20)DAYS FROM SERVICE Cool Transport& Towing, LLC, HEREOF,OR A JUDGMENT MAY BE d/b/a Prime Auto Sale ENTERED AGAINST YOU. • ATTORN)?V AJ1&hFENDANT COOL TRANSPORT& TOWING,LLC, d/b/a PRIME AUTO SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Nina M.Lemire NO.: 13-5533 Plaintiff CIVIL ACTION—LAW V. Cool Transport& Towing,LLC DB/A Prime Auto Sale Defendant AMENDED ANSWER TO COMPLAINT with NEW MATTER and AFFIRMATIVE DEFENSES NOW COMES, the Defendant, Cool Transport&Towing, LLC, d/b/a Prime Auto Sale,by and through its attorney,Philip L. Zulli, Esq., and hereby files,with consent of the adverse parry,Nina M. Lemire, Plaintiff,this Amended Answer with New Matter and Affirmative Defenses: 1. Admitted. 2. Admitted in part; denied in part. Admitted that the defendant conducts business at 1500 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. Admitted that the registered fictitious name of the defendant is Prime Auto Sale. Denied that the business entity is Prime Auto Sale. By way of further answer,the business entity is Cool Transport&Towing,LLC, d/b/a/Prime Auto Sale. Denied that the defendant is "Hoda." 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Denied that the defendant's agent/employee is Abdalla Hoda. By way of further answer, defendant's agent and salesperson was Hoda Abdalla. Denied that Hoda Abdalla indicated to the plaintiff that the vehicle had passed both inspections and that the vehicle was in great condition. 7. Admitted. Admitted that the plaintiff purchased the vehicle from the defendant. Admitted that the total amount paid by the plaintiff was $4,706.50. By way of further answer, said amount included the purchase price of the vehicle,plus sales tax and fees. 8. Denied. After reasonable investigation the defendant is without knowledge or 2 information sufficient to form a belief as to the truth of the averment because such knowledge or information if it exists is solely within the possession of the plaintiff; therefore,the averment is denied, and strict proof is demanded at trial. 9. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment because such knowledge or information if it exists is solely within the possession of the plaintiff; therefore,the averment is denied, and strict proof is demanded at trial. By way of further answer, Plaintiff test-drove the vehicle,had her own mechanic examine the vehicle, and agreed in writing to purchase the vehicle"AS IS"without any warranty for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 6.) 10. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment because such knowledge or information if it exists is solely within the possession of the plaintiff, therefore,the averment is denied, and strict proof is demanded at trial. By way of further answer, Plaintiff signed a General Release, releasing Defendant of any liability. (See New Matter and Defendant's Exhibit 8.) 11. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment because such knowledge or information if it exists is solely within the possession of the plaintiff, therefore,the averment is denied, and strict proof is demanded at trial. By way of 3 further answer, Plaintiff signed a General Release,releasing Defendant of any liability. (See New Matter and Defendant's Exhibit 8.) WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiff s claims and to enter judgment in favor of the Defendant. ANSWER TO COUNT I VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 12. Paragraphs one through 11 above are incorporated by reference. 13. Admitted. 14. Denied. Denied that the defendant's agents and/or employees knew or should have known that the inspection stickers displayed on the aforementioned vehicle were obtained improperly and\or unlawfully and\or fraudulently. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that the displayed inspection stickers were obtained improperly and\or unlawfully and\or fraudulently; therefore,the averment is denied, and strict proof is demanded at trial. 15. Denied. Denied that the defendant's agents and/or employees knew or should have known that the inspection stickers displayed on the aforementioned vehicle were issued improperly and\or unlawfully and\or fraudulently. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that the displayed inspection stickers were issued improperly and\or unlawfully and\or fraudulently; therefore, the averment is denied, 4 and strict proof is demanded at trial. 16. Denied. The averment is a conclusion of law to which no responsive pleading is required. To the extent that the averment is not a conclusion of law, after reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment;therefore,the averment is denied, and strict proof is demanded at trial. 17. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment;therefore,the averment is denied, and strict proof is demanded at trial. WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. ANSWER TO COUNT II BREACH OF CONTRACT 18. Paragraphs one through 17 are incorporated by reference. 19. Denied. Denied that the defendant offered the subject vehicle for sale while holding out that the vehicle was properly and lawfully inspected and in a suitable condition to lawfully operate. 20. Admitted in part; denied in part. Admitted that the plaintiff provided consideration for the subject vehicle. Denied that the consideration for the subject vehicle was based upon the defendant's representation that the vehicle was properly and lawfully inspected and in a suitable condition to lawfully operate. By way of further answer, 5 the defendant specifically disclosed to plaintiff and plaintiff acknowledged in writing that the vehicle was being sold AS IS and Plaintiff gave the defendant a general release of liability for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 8.) 21. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as the truth of the averment;therefore,the averment is denied, and strict proof is demanded at trial. By way of further answer, defendant specifically disclosed to plaintiff and plaintiff acknowledged in writing that the vehicle was being sold AS IS and Plaintiff gave the defendant a general release of liability for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 8.) 22. Denied. Denied that defendant breached its contract with the plaintiff by failing to provide said vehicle in its advertise condition. By way of further answer,the defendant specifically disclosed to plaintiff and plaintiff acknowledged in writing that the vehicle was being sold AS IS and Plaintiff gave the defendant a general release of liability for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 8.) WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. 6 ANSWER TO COUNT III (IN THE ALTERNATIVE) FAILURE OF CONSIDERATIONIMUTUAL MISTAKE OF FACT 23. Paragraphs one through 22 above are incorporated by reference. 24. Denied. Denied that the contract is void and\or unenforceable due to failure of consideration and\or mutual mistake. Denied that the plaintiff did not receive consideration as intended by the parties or otherwise in exchange for funds that she paid to the defendant. By way of further answer, defendant specifically disclosed to plaintiff and plaintiff acknowledged in writing that the vehicle was being sold AS IS and Plaintiff gave the defendant a general release of liability for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 8.) WHEREFORE,Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiff s claims and to enter judgment in favor of the Defendant. ANSWER TO COUNT IV(IN THE ALTERNATIVE) UNJUST ENRICHMENT 25. Paragraphs one through 24 are incorporated by reference. 26. Denied. Denied that the defendant has been unjustly enriched at plaintiffs expense. Denied that defendant received unfair compensation for the subject vehicle from plaintiff based upon the facts set forth in plaintiffs complaint. By way of further answer,the defendant specifically disclosed to plaintiff and plaintiff acknowledged in writing that the vehicle was being sold AS IS and Plaintiff gave the defendant a general release of liability for the stated price of the vehicle. (See New Matter and Defendant's Exhibits 3 through 8.) 7 WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. NEW MATTER 27. Paragraphs one through 26 above are incorporated by reference. 28. The defendant,Cool Transport&Towing,LLC,is a small,family owned business with a fictitious name of Prime Auto Sale which is registered with the Pennsylvania Corporation Bureau and is located at 1500 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 29. Walid(Wil)Abdalla is President of the defendant, Cool Transport& Towing, LLC. 30. Defendant is a used vehicle dealer licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons. 31. Defendant and\or its agents\employees do not perform any mechanical or inspection work upon any of the vehicles they sell, but subcontracts such work out to licensed Pennsylvania Official Inspection Stations. 32. The vehicle in this matter was inspected by 83 Automotive Center,LLC,located at 5208 N. Susquehanna Trail, York,PA 17406. 33. Defendant posts all vehicles with the`Buyers Guide" required by the United States Federal Trade Commission, and all FTC Buyers Guides,on all vehicles held for sale at Defendant's sales lot, are marked"AS IS -NO WARRANTY." 34. Defendant allows all customers to test drive vehicles before purchase. 35. Prior to purchase, Defendant allows all customers to verify and inspect vehicles by a 8 mechanic of their choice. 36. On February 26, 2013, Plaintiff purchased at Defendant's sales lot a 1999 BMW 3231 sedan bearing Vehicle Identification Number WBAAM3334XCD55956. (A true and correct copy of the executed Certificate of Title is attached hereto and incorporated by reference as Defendant's Exhibit 1.) 37. Said vehicle was 14 years old and had 133,329 miles registered on the odometer.(A true and correct copy of the Odometer Mileage Statement is attached hereto and incorporated by reference as Defendant's Exhibit 2.) 38. To the best of Defendant's knowledge, Plaintiff first viewed the vehicle at Defendant's sales lot on February 26, 2013. 39. A Buyers Guide required by the United States Federal Trade Commission was conspicuously posted upon the window of the vehicle at the time Plaintiff viewed the vehicle, and said Buyers Guide was marked and clearly disclosed that the vehicle was being sold "AS IS - NO WARRANTY." (A true and correct copy of the two page Buyer's Guide is attached hereto and incorporated by reference as Defendant's Exhibit 3.) 40. Plaintiff was accompanied by Carlos W. Narvaez-Vazquez who held himself out to Defendant as an auto mechanic. 41. Both Plaintiff and her agent, Carlos W.Narvaez-Vazquez,test drove the vehicle. 42. Plaintiff.had her agent Carlos W. Narvaez-Vazquez examine the entire vehicle, and Plaintiffs agent, Mr.Narvaez-Vazquez, vouched for the vehicle. 9 43. Defendant disclosed in writing to the Plaintiff certain defects about the vehicle— specifically that there were certain warning lights displayed upon the vehicle's dashboard including Airbag,ABS,Brake&ASC. (A true and correct copy of the Purchase Order signed by the Plaintiff is attached hereto and incorporated by reference as Defendant's Exhibit 4.) 44. Defendant disclosed all known information about the vehicle and made no further representations to the Plaintiff about the condition of the vehicle. 45. Defendant made it clear to the Plaintiff that she was buying the vehicle AS IS without any warranty. 46. Defendant offered Plaintiff the opportunity to purchase an extended service contract from a third party warranty company,but Plaintiff declined the extended service contract. 47. Plaintiff signed the Buyers Guide required by the United States Federal Trade Commission and acknowledged that she was buying the 1999 BMW 3231"AS IS -NO WARRANTY."(See Defendant's Exhibit 3.) 48. Defendant's Purchase Order form for this vehicle was signed by the Plaintiff. (See Defendant's Exhibit 4.) 49. Upon the Purchase Order form within a block identified as"Warranty Information"the check-off block— for "AS IS - This motor vehicle is sold 'AS IS' without any warranty either expressed or implied. The purchaser will bear the entire expense of repairing or correcting any defect that presently exists or that may occur in the vehicle"— was checked. (See Defendant's Exhibit 4.) 10 50. Under the checked box for"AS IS - This motor vehicle is sold 'AS IS' without any warranty either expressed or implied. The purchaser will bear the entire expense of repairing or correcting any defect that presently exists or that may occur in the vehicle,"Plaintiff separately signed her signature acknowledging that she was purchasing the vehicle"AS IS." (See Defendant's Exhibit 4.) 51. In addition to Defendant disclosing and the Plaintiff acknowledging the"AS IS"nature of the sale of this vehicle, upon both the FTC Buyers Guide and the Purchase Order, Plaintiff also signed a"Statement of Purchase of Non-guaranteed Used Car"upon which Plaintiff acknowledged that"IN CONSIDERATION of the LOW PRICE OF THIS CAR,I am accepting said CAR without any GUARANTEE as to YEAR,MODEL or MECHANICAL CONDITION." (A true and correct copy of the Statement of Purchase ofNon-guaranteed Used Car is attached hereto and incorporated by reference as Defendant's Exhibit 5.) 52. In addition to Defendant disclosing,and the Plaintiff acknowledging,the"AS IS"nature of the sale of this vehicle upon the FTC Buyers Guide, the Purchase Order, and the Statement of Purchase of Non-guaranteed Used Car, Plaintiff also signed a"Warranty Disclaimer"which was an explanation of dealer's warranty disclaimer with regard to the above described vehicle upon which Plaintiff acknowledged that: THIS MOTOR VEHICLE IS SOLD AS IS WITHOUT WARRANTY , EITHER EXPRESSED OR IMPLIED. THE BUYER WILL BEAR THE ENTIRE EXPENSE OF REPAIRING OR CORRECTING ANY DEFECTS THAT MAY PRESENTLY EXIST OR THAT MAY OCCUR IN THE 11 VEHICLE. THE DEALER SHALL NOT HAVE ANY RESPONSIBILITY FOR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGE WITH RESPECT TO ANY DEFECT OR MALFUNCTION OR UNFITNESS OR OTHER DEFICIENCY OF HIS VEHICLE. THE DEALER MAKES NO WARRANTIES, REPRESENTATIONS OR ASSURANCES THAT THE MOTOR VEHICLE CONTAINS ONLY ORIGINAL MANUFACTURER INSTALLED OR MANUFACTURE WERE REBUILT COMPONENTS, PARTS OR ACCESSORIES. PURCHASER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTANDS AND ACCEPTS ALL THE PROVISIONS OF THIS DEALER WARRANTY DISCLAIMER COVERING THE VEHICLE ABOVE DESCRIBED. AS IS READ BEFORE SIGNING (A true and correct copy of the "Warranty Disclaimer" is attached hereto and incorporated by reference as Defendant's Exhibit 6.) 53. Defendant also disclosed to the Plaintiff that the vehicle was a "WHOLESALE VEHICLE" that "DEALERSHIP purchased this vehicle from another dealer or at a dealer-only auction" and that "DEALERSHIP has no knowledge of and makes no representation or guarantee as to whether the vehicle had any other prior use. DEALERSHIP is selling this vehicle as a USED vehicle only."(A true and correct copy of the "Disclosure of Dealership Information on Prior Use of Vehicle" is attached hereto and incorporated by reference as Defendant's Exhibit 7.) 54. Plaintiff also signed a "General Release" acknowledging that Plaintiff released and 12 forever discharged Prime Auto Sale and its'LLC Corporation and its owners and officers of and from all and all manner of actions, causes of action, and suits, etc. (A true and correct copy of the General Release is attached hereto and incorporated by reference as Defendant's Exhibit 8.) WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiff s claims and to enter judgment in favor of the Defendant. DEFENDANT'S AFFIRMATIVE DEFENSES 55. Paragraphs one through 54 above are incorporated by reference. 56. Defendant conducted an AS IS sale of the vehicle to Plaintiff in compliance with Pennsylvania law and regulations. 57. Plaintiff knowingly purchased the vehicle AS IS without any expressed or implied warranty- 58. Plaintiff consented to an AS IS sale of the vehicle and agreed not to have recourse against the Defendant for any known or unknown defects in the vehicle. 59. Defendant did not breach any duty owed to Defendant. 60. Defendant did not breach any contract with the Defendant. 61. Plaintiffs claims are barred and/or limited by the doctrine of laches. 62. Plaintiffs claims are barred and/or limited by the doctrine of waiver. 63. Plaintiffs claims are barred and/or limited by the doctrine of estoppel. 64. Plaintiff knowingly and voluntarily assumed the risk of any and all damages which she has alleged to have incurred. 13 65. Plaintiff has released Defendant from all damages and causes of action. 66. Plaintiffs Complaint fails to state an action upon which relief may be granted. 67. Plaintiff has failed to join an indispensable party. WHEREFORE, Defendant respectfully requests this Honorable Court to deny and dismiss Plaintiffs claims and to enter judgment in favor of the Defendant. Respectfully submitted, February 10, 2014 D.;ff—A- Philip L. ZAIi, FsW Atty Id.No. 47499 Zulli Vehicle& Traffic Law 155 Grandview Road Hummelstown, PA 17036 (717) 566-8585 Zulli&msn.com 14 3F TITLE FOR A VEHICLE 12216130610 iR 0- s{ WBAAf13334X-CD55956: i 1999 :,5.635D44178D5 _ '$•, - VEHICL':hDeimrta,,TfOt7 ItU.tiSf cR - YEAR - i.ti+Ft=OF VcrilClC• TITLE NUMBER ., 1 "DN 4H. �. . 810-/12� - 11302 .., 3i} Iy BODY TYPE •OUP { 5l:AT CAP } PAhOR TIP._E STATE ( ODOLI PROM DATE ODOM.MILE •ODOAi..STATUS s 4 TILT?!B]e $/07f12 I} .: DATE PA TmED DATE OF ISSUE UTILADEK W043W GLM1VR �` GCV.•R_ 1 •'7771.E BRANDS.. ODOMETER STATUS C_ e=? FEAGE ..,LEACI- Esc BE OS T}E u+Arrac! Wit' LIMITS 2.f.Di THE ACTUAL F.CEhGE (:. A 2 NOT THS ACTUAL WILFAG&ODOLSETER TWPERIRG VERIFIED C + v r -I eHc.PT FFOLI ODO:.tE-i'R DISCLOSURE ERA iLt + REGISTERED wnre-R(s) •L S�'r SIN r2,•- ::.NITtDU�VETftClE$ C=CLASSIC Vc'HICL` f l P� _1 1�;V:.1!!+?=• "s• O.CODECTIMS VM*CLE JASON P HOpRMIpJ[lw�L• °.5:' F=OUT OFCO:NTRV SY;.�3T-1f'+ e1- VE-4 I-R-D 7k LTt •` G:OaIG��I.W.Y S,iFGD.FOri A57fi1:S. t r ri .r •• L =LOGGIUG VEreCLEH HARRISBURG PA 17112 P=t5s:•AS A PawE vErntxE P..Re cOMMCTED .- C_e' lr'- S.STREET ROD T=RSCb'!cS:D Tir'�YE7CCLE 1:y - V><VEHICLE CON7"M REISSUED M W:FLOODIM41CLE y Y=ISWAS A TAyt = FIRST LIEN FAVOR OF: SECOND LIEN FAVOR OF: :i•�•1; l �:T L`a surd jkhh ld2r is Ihsleo Wars sanyaaiun o••.the fir_t Ere, the fist ,"• ' W 3c.rider m r..Icrasrd this T;113 v-j.hv'(;urht Y,o}: for trct:l:Fes vldh Ih^ oppr pdata term and toe F1RS71 LIEN REt?--"SED L 'v>;•^ ;Yi, 9.f SECOND LIEII RE7.EASED DATE f! 9, AUTHORIZED REPRESE?NATIVE (.SAILING ADDRESS gy AUTHORIZED REPRESEDTTATIVE - � 110711137 (: JASON P HORNUN6 ' Aw 6Q41 BLUE BIRD ANTE `. a. : HARRISBURG PA 17112 pennsytvania , DEPARTh,ENT OF TRANSPORTATION y r BARRY J . S CHOCH, P. E. sl 1 attry as of the data of ic�:e.thr<otr>L+^W Ietrrrls of the Penns;rrArrs Dcpsr:ment W T:an!punatLNe reaea that The rMed'I(s)or eonrp nand ho:oin Is:hi t■wl:d on-lcr .'� "of he sau got .e. Secretary of Tr.ngwrtadon IT a c3-purchaser other than your spouse is fisted and, V-0 I the Vita to 1. }SUBSCRIBED AND StvORN `� . he listed as'Joint Tenants With Righ!of SunAvorship'(On death of one - j TO BEFORE t:E: ! `'� + ' C7( E n{ Var,Me goes to sundving ayncr)CHECK.HERE L'. -ovm r,in the t of ; JJ/ v:C(be issued as"Tenarrs in Common'(On death of one Ir ,mar,interest of �rf j I deceased owner Was to his/her heirs or estate). .' -_ lU^�t+r�•• .� -u a`-• T° � � ' 1F NO LI'eP1.CHECK9 IS THIS AIv EL"fT{IF YES•FLI)REOUIREp? YcSG NOD c;,— IST L:ENI-OLVEER FlNAt:CIA1 INS--TrL7lON NU;ABER: •s '? 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Via_-�-•�-•-- ,vim:.►►�`-�� ' 17YPE OR PRINT)Certificate of Title must be submitted within 20 days,unfess the purchaser is a registered dealer holding the vehicle for resale. > WARNING -i A C'}Ir t ri i/"� _ FEDERAL AND STATE ATE LAWS REQUIRE THAT YOU cSTATE THE MILEAGE IN CONNEr"nOM WITH THE TRANSFER OF GVVNFASHEF.FAILURE n V{t f'1�RN NG TOCOMPLETEOR PROVIDINCk ALSESTATO_At<MAYRESULT it"MHESOR IMPRISO14MENT. - � t mT' .v rti-r -act --y r uz,+ s ;B LAST -FIRST r„IDDLE h'AMIE -a !'� I ASStG1�i:yfEt'�`t`{�r•rt l LC vLftaM.L.-a>;Sre 1�_�. .�r M ,an s ra u^,--ia.sn aL•RCH.S-a,m Ftli.L �/4C.? J' r .rJ r E �p 1 W1e C�lh,'U;the-d,re-s�0!rr}`lcu.3`4'+I&4Ne.that thae-damoerf ha is BUSRZEaS 1• fc F ! ,_-..j r`4_,+ �3 —.+- F fp ��' y U -F' GC-'ritlCH.SEP, Stf lJ X mPas aid m4:cs*'e.actual m!ca3 e ur �ehie, •urkess ctie C I the'Gl d- "'J taxes vi C_he''_KEr1: 4^U the amw c:m to gc !-'I Is OT in_actual mieaae CT.Y• r, _ cn n ezc ss i s ma <.tucal I rtr:s L.E 1'+4h1 �;Odemete-discreR;u'e>. I -v't°- ! c I,l Jo uafiar wiff.My the v0*e�l9 is lice cE any Cncut bt;_Iti an,,ihatihe etYnarshi¢is hart:, p �t i•URGVPfE ERE•:=_ ''7 c.., .rra;!�,ertf tc,lte C':san:sl cr Lha dea�,.r lrssad. STATE. ,, ZIP In I SUBSCRIBED AND SNIORPi TO SErOR i E t od DAY G�I ';R I- nt.". It CtPTi"iRE CD CD A06aIW;S.:rING OAT.t { - r�cR&`G„te+?trrE- _r Q. t 'PURCHAS R AN2,0IR '3 J]'�� R -CO-P'JRCHI,SE .'XJST f <' _ - �� r 'r ,�r./t/�-- 4A1•lOFA6UF t kFdE HERE 3\ a y vet S oi . ru ' } SDC -U.ERn UST '^•.r , m Rif i PA1'DFRI�NAME HERE °,1 U'P.) A`.-tui 4'- �b a � E.3. 4 ➢ 8 _ _ rentc,,rf`y aL+° 2s c n-furf^4.r:,zdY6?hziEh=cdamcY¢•ea3irgis - - - 'LIST FiRSr ':IDOLSWIVIE . X r,.:!as aM reflt%r.s ti,c actual m!cage ak the _ 1 v `6- rr on ...,a c sr boxaisc checked. `- Rti'e t<t c Haunt cm'eaa (� L tJOT t.c dctu.!m!1 ay 3'-U-?L-Cr'.+ - ' r vx,msa m^h.n'ca 6mtts. r�_.;l�t`cr^aNi G::Odeme, d .r4parsy_f. ET - - ( Zt Irth..-n �Lh •t- 2 s'aaJ scree Qta y�aml:ra,ve acx:t3ai!tw ci Tsh�is h_ b,] ADDRESS 1 VI. >u yr the cerail 1wed. EI v_s IT uaso.L4ED?idD swoRN F3.BEFORE ME: F..O. S24TE C DAY YEAR12, ° 7 Co < M ' A b A ic( { tx-FURr;.kScR SSG;rATtiRc r2 UJ t FURCYS$ER fi DAR' m ! CO-'PLIPOUSER'OUST -- ,J,p r 01 HAMDk qWT HAME HERE Wit'!t l dam/3 L 6./'f � 4, Prime:hut® Sale-,' I< 8633663 _ 0 s:r,,I,•.TUAE aE£EC4 Ef: � 1 G t- HANOR E.IUST _ 0 tiA!'DFF'iJT lak7:tE HEn. '� � /Llr"=�..•,"L- � Q F ! G ,a%Ja an,Ot.to Me srs:f m:>u:tno:i.la.tu A cA:n2t?t eading€: + I•- -,:• L,15'C FIRST :40DLE 14ALIE N j J- � '"F T S . E - _ K miex end mfaci;;tt:c„c.at r„ROa 9 c:thn vaY�c!2, PtI`C4:.5=R'UR FULL �� . 11%.1 .f-,ie s ts, -c h �u 7 is x rs ch c-d CO-PURCHdS:.,R �- {:I Bel C s G'Q amur`CI Mleage I— Is'OT the adu:J ni4e3ae L1 m W s aE it rccr anc J IvY [_� V:'PAT};!gG:OdcmE.=_•'dZrEpam Tp_ET 2 _ ,Q p? .>ttl,9't.r e r t h -x, h a cf am.'s;uumts�tta and Fha:the yrr.9tshiD ;r t*I e.0 r,'cC5 JO4 r�f`+ll LL C�-/� �--t--�S �� m � {� D i x_y,..G 1' �- to SUESCRIBED AND SWORN y TO BEFORE ME: r;O. DAY Y t 'u asE aa� E L' o _ - '4R) i UJI :� ( CO-r"(lACH3SER SI�.fAT 1¢.E ¢y - PURCHASES Ar.i6.'OR p co-.URCHASER musT d p MAID-RIP1 ME HE f/ Pi Y�� 1s �Sale m � p v }:E--it .._ 86336 63 T7f�/��?g _^� r:r:TURG OF S^ELLEf. F'XIDPRIMMIAME PER'-- } N b t,jr.wfiiy.IC tra Lm of n ou Rr 'adee tha:are .ead'oll Ls , _ _ L4ST - FIRST RAM-E _; X n1 s and re^ee15 Ste actual male3go of.the V141';da. PtF:GH,:SEFt OA RRL 6USI.leSS HAId°_ i� O -tn$ta 'w-o tn..I-'rr�c xes t Lila d.- -- CO•:Y:nGLiSEFS - _ ! p C Ralf ell.hs_meat c`mT C z i a is NOT t r " he actual rgp yu^e C ,o+v neTarti a1 IT;s NG:Oxser dT eaar.-YRM I STR=c 1A."Velfarther,ccr fffy t3rr Cloveeftic ti It»-e oI ee tnc s'Mance and 11111.Via d5'n•-.,SNP is s.embr ji.AD;_£P. sv 1.^..25: ,a#,o M§t cane d=:YT @Gted. �C � �- I^r [ SUBSCRIBED AND S1,11ORN 333 a TO'BEFOREME: - - 1 STATE Fir E�`D;rj;..SE,pflIGE - .i:,fJ. DAY YEiR p' � Cfl D:r1 t I Sta.w-7UPE OF --,.R^-son JolmusTmuc-oA7e t sURCH;SSr Z:nNAiVAE }1 j( Lu I CO-?::RCHx--SEA SIGM1Al11AE (-PVRCKaSER AhD!OR p CO-PURMA SERB VUST NrstlDAAt1�'i7A?.IE HERE 0 SiGNA LrAE{3F Ste'_' >T4. Y.hJ.T•FAiNTtJi+Ta1E HcAE i•[[]CHECK HERE IF APPLICATION FOR DEALER:TITLE AND COMPLETE SECTION D.TITLING FEES 5 Nov 1$13 03:04p Prime Auto Sale 717-701-8437 p,21 STATOMMU . - • . - ; ��aatl�te�estde®geT11F� , EM THELAW: er Iew{ecaaEt ala�l.� n�g0? du e .faSoora�u+o�p�a a rp°o awe Mr McIdtb ffhwG ff4r TM$TAMMMffMUSTBECOWqEMj&Y7W (SBJJE%OPA ORiIE MCLF. _ f ' -qQft#VdftOdwtdwnw Ex 3.3 (IMl malkt�real�ktr� at ar� t�►�mr�cm�ea� ame . [t)IlglafOw bat ofmySq�e�t � a1 trikt�t�w �uar�m� V14RMG-flDOIMTEr371St: ERMW Ott wpm . eomr awaR m ZA W 323 k e 14AAti (Tr (Ofirded Nom) PR�f9l�AlETO CT*nfiffaft*estpMqW iS�Ot egi tC" CaMMIS (5hte) PA Ims Ofl �of CTis's {T�staff � �7v - n --u •�, ."' o t' ate z 717-701-8437 p.16 Nov 1$ 13 03:01 p Prime Auto Sale " r.- - S :GLIDE IMPORTANT:is fo Spoken promises are dirt�4ult to enforce.Ask the dealer to put all promises in writing. 'a M_ W -Iqciq Keep this form. VEHICLE MAKE IWUU&L YEAR D Gt 0E IopiianaQ 4lNNUMOER EAAER, WARRANTIES FOR THIS VEHICLE: . AS �`IS NO WARRANTY YOU WILL PAY ALL COSTS FOR ANY REPAIR$. THE DEALER ASSUMES NO RESPONS11311TY FOR ANY REPAIRS REGARDLESS OF ANY ORAL STATEMENTS ABOUT THE VEHICLE. WARRANTY ❑ FULL ❑ LIMITED WARRANTY.The dealer will pay-%of the laboran4 OL of the pans for the Covered Systems that fail during the warranty period.Ask the dealer-for a copy of the warranty document for a full explanation of warranty coverage, exclusions, and the dealer's repair obligations. Under state law, "implied warranties"may give you even more rights. SYSTEMS.COVERED: DURATION: SERVICE CONTRACT. A service contract is available at an extra charge on this vehicle.Ask for details as to coverage,deductible,price,and exclusions.If you buy a service contract within 90 days of the time of sale,state law"implied warranties"may give you additional rights. PRE PURCHASE INSPECTION: ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED BY YOUR MECHANIC EITHER ON OR OFF THE LOT. SEE THE HACK OF THIS FORM for Important additional information, including a list of some major defects that may occur in used motor vehicles. "" � 4b ` Nov 1 13 03:02p Prime Auto Sale 717-701-8437 p.17 e ' �:.n i? t. 6rx�~ 3'aE;""^�Zl': ^�'... v ,.e.i. JN A.'!P. •wpa: rrt�'.^qe, >".r;�l.,i1,�. Frame&Body 'raft*System. Frame—crack&co-\active welds.or n_,sted through Failure:vatning light broken Dogtrarks-art of twisted frame Pedal not Iirm under pressure(DOT specs' �to1 enough pedal reserve(DOT specs.) Engine Does rot stop vehicle in straight(DOT specs.) Oil leakage,excluding normal seepage Hoses damaged Cracked block•or head. Drum er rotor too thin(QAfgr.Specs_) 13elts missing or inoperable Lining or pad thickness less than-'�inci Knocks or misses related to camshaft lifters and push rods Power unit not operating or leaking Abnormal exhaust disc large Structural or mechanical parts.damaged Transraission I?Drive Shatt Steering System improper fluid level or leakage,excluding normal seepage Teo much free play at steering wheel(DOT specs.) Cracked or damaged case which is visible Free play in linkage more than V,inch Abnormal.noise or.wbration caused by faulty-transmission or Steering gear binds oriams drive shaft Front vineels aligned improperly(DOT specs.) Improper shifting in any gear Power unit belts cracked or slipping Manual dutch slips or chatters Power unit fluid level improper Differential Suspension System Improper fluid level or leakage excluding normal seepage• Ball joint seals damaged Cracked or damaged housing which is visible Structural parts bent or damaged Abnormal noise or vibration caused by faulty differential Stabilizer bar.disconnected Cooling System Spring broken Leakage including radiator Shock absorber mounting loose improperly functioning water pump Rubber bushings damaged or missing Radius rod damaged or rritssing Electrical System Shock absorber leaking or functioning improperly Battery Leakage Tires Improperly functioning alternator,generator,battery,or starter Tread depth less than%z inch Fuel System Sizes mismatched Visible leakage Visible damage Inoperable Accessories YYtieels Gauges or warning devices \risible cracks,damage or repairs Air conditioner Mounting bolts loose of missing heater&Defroster • Exhaust System Leakage n3u� ADDRSSS 'P r'7315 5 sm-FOR COMPLAINTS iiliNL�i?:'t is The in-formation rm is part of any curtrac -,o buy t: is vehicie.Pemoval of this lab-,l .-,fare coil-u her purchase(except for purpose of?es:driving)is a vipfallon og fasferai law(16 C.F.R.455).. t HAVE FSAD AND RMr=l F0 AC8PV OPT14C OUV911S GUiDC Di111IS VEHICLE. fcMATE 1 7 : S107NATURE r' Nov J 13 03:01 p Prime Auto Sale 717-701-8437 P-15 Style#1853 copyrialh,@ 1989 AutoLine PriMe Auto Sale 1500 RaWnburg pike Carlisle P.11 17015 - PURCHASE ORDER FOR NM1, WE TITLE ❑NEIV or J9 USED 0 DEMO 0 CAR ❑TRUCK epffl() .1.11/L/) 4" it Le.,n-ri,-e YR. TYPE (_4 C-1ge kn SMEET COMA, t 3, "Z)�) 13337 n RU CT vi?J car SATE W A A A At Ll C S q -5 J K TO BE 0 E LI'XR-:PONE OR A 9M T AE" '71:Z C/, I- R's' TRADE IF APPLICABLE PRICE OF VEHICLE YR. MAKE MODEL 41 Oil 4_4-Zltiv� t.fJCQ TnU[to. (LATE ND. EXP.WE 4r-V-56,^ t"I-400-W Cl< 4.J111 ?re LIENHOLDER PHONE ADDRESS wofe Wmi AMDU C1000 TILL vEmrltoay W;-?_4'Q I ez/11 � -FA INSURA94CE INFORMATION NAMEOFAGENT PHONE MONTHS MILES ADDRESS Cash Price of Vehicle&Accessories POLIMIJAX1:1 Sales Tax REGISTFtA'nON TITLE TRANSFER ENCUMBRANCE 51 iNSURAMr Ea. X- COPVATrACWzD Documentary Fee VIEFOREDBY Messenger Fee 35--C?4; WARRANTY INFORMATION 'Notqry Fee L1 FACTORY WARRAM-The litelcrywaffanlyconstilutesaitafft warrantleswithrespect lothesaleofthis itamiltems.1he seller hereby expressly disclaims all warranties,ether expressed 07 iMP50d including any Iff00d warranty of friechanlabirdy or Illness for a paitcular purpose.and the seller nai"t assumes nor authorizes any Mier perm to assume for it any H&5ty in convection with this sale of this iiernlitem. ❑USED CAR WARRANTY-Used car is covered by a invited war"detailed 41 a separate demerit. WAS IS-This=for vehicle is sold"AS ISwiftif any varranly eifty expressed or implied.The pun ,hit bear the entire expense of repairing or collecting my dalM that foreserilly,exists or IIM tray=ur in Total pa4 q?C6 the Yahida. PURCHASEITS,---, Trade-In SIGNATURE USED CAR CONTRAC111)AL DISCLOSURE STATEMENT • Amouni Less Payoff THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS is Subjec(To VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE Venkation Met Tmde in WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CQNTRACT OF SALE. Deposit s purchase agreement or refuse to take delivery of the_vehicle ; 100 >f you cancel this Cash on Delivery ordered,except as permitted by law,you shall,at our option,forfeit as damages if�'e'77 cunt of$Ift'l,CI I Nei Dep"t + Cash on PURCHASER'S TMde. Delivery Total Down Payment 19 SIGNATURE x• I —PuTchasor Iareby aC&AkdVes to ft. above dame. Unpaid Balance of Total P r ic A lic-C41 Purchaser agrees that this order includes all of the terms and conditions on both the face and reverse side hereof,that this order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the subject matters covered hereby,This order shag not 4poome binding until accepted by'the 0ealer OE his authorized y;Ihe b Lr may qricqtUhqcc;nirP,',Ln -Ca fk;ll reivnei an-.r ii me before _Qf this cont _r2cl sig!1G_cL.!q1L_;jn !u!10 f dealer rPpresgLnIqt to ivino%,rift-en no lice of' --nceliation to the daafa;. CHA SERSe_"--, SIGNATURE x ei, Purchaser by his execution of this order cicnowledges that he has readfits terms and conditions a S 4 PUR A�- %- -/'11IlkCCEPTE BY DATE 5PRIESMATME f�ov 1$13 03:03p Prime Auto Sale 717-701-8437 P.19 STATE'OF PURCHAW OF - - NEiti�g�i$Ta1' l9� UMdCw Ti ft Isla COMISVILto - 1- -nsd#3Ltyar)haw ft day OWChasOftm IUM F DOWER jq qcj 3i M W -Z)Z3 i Wff Q AB 0---LIOT GUARANTY 93 ODLMRERATOM d*&LOW OF Male GAR.iam �Cain 2�cy {-3L1ARAfiTTEEasIb YEAP,,V*DH;or vM9M1A'�+4LCOpJDffx*L Deter ofsdd owID awls meant my om d*snd 6 nab mat abommgmHored lknibrormW of�isl�efac m �t�lthep�n�s�t caratany�neE�ai�af�a� TIweftmbmnDveMw tapr cow std or iui> 1 and t attd I y rewmn -dr WYE" Q sum -f t Prime Auto Sale 717-701-8437 p.18 Nov 1$13 03:03p WARRANTY LQNM = . f Pumhawr City will i CAY, zip Cale Dea> has sOd tD PUFCbMW On vgfiCle dqgated bebc l�lR t BiaF71� 1tK,t_ EidmteaNr Deat�rt7�ta�tll@ Ccotdi�Ofe�Fs�tttis�atev�r�dstiD ta�t�aitiovs de�bed�lddess''10i Expialr ott aft#�fet's d t t�egat�€to above ftsmftf vettit- 'fHi$ 1lIIifCLE iS S£AD AS t$WRYIDUTINI�RRAi�tiTY.E's HER dC ®flR i{t�'D'i'riE Bif LrER WAL 8E 4RTHEMTM BW&4M OF REPAMG flR COQ AN, C)WE=- tiAT MAY PREWSaLY OW"C ORT AT - turRY aCrR1R 3N Ti2E VE�3Ep.E.TtaE D>:ALt3t SHFii1NOT HAVEANY R£SFONS>S11t�Y FOR COWSE e i DAWAGE'S,DIES FOR LOSS OF u=LOSS OF-nM L0W OF PRO 18.OR U400M.OR MY al-HER tMC DM-iAL DAk2AGE VUttH RESPSC�i-TO AWC*BcC1'OP.iHALPLJNCtiON OR UlwFT1 Ms OR 0T*-m 0wlc fi= OFTNES V84CLE THE OF.ALFR 86Ft Qt NOWAMAMIES.REPRESi3�tr!#'1l01110R L ASU AC R T14AT MOTOR VB4fC.E CMAM0-Y OIWMAt. AW cACn)iaM INS UURM REBUILT COLMONgUM PARTS ORACCESSORMOL PLMWk ASER A00401MLEMGM THAT HE OR SHE HAS READ.UNDEMSTANM AND ACC PrM ALL OF TMPP.OVI US CPTM OEALOt WARPJMW viSCIARMt COu6RMGTM WNUM-E ABOVE • 01l5GRf'BST. . AS IS RFAD BEFOFM Sl SK�44 QFUGINALia BttYER y Nov,1$13 03:04p Prime Auto Sale 717-701-8437 p.22 DiSCl.+O�URE OF P I RlN T=(w y�E ' BttAliE ;1 �N�,i!� MODEL ��3 1 YEAR STaxwalm Wfan terms as used in the autw ob-m Wu ft fb aowdw Pftr an of veers Tf&OwAmme to fps ay we tarmm the as m tics a—""slum mdwMmdkW of the dusotft uft TOW0106 mm ��s iwtnir g.ltss beet►d , g Free ar a8 ol�tltemmts dt bew IR me treedoQ#e PZiRt�ligS�t� eS=WM sPPW= The-DRALOWN[P ltas vat dotted dit vidWe=ft my'a f#a DeN delsbaa tta r a0rex t t#tose is t3te PUROMM b0aw%bfad 0L-,a tsar rtssaftat:amide QUWAW MMM=VW OWMWINKE V9=R - A ue =w by ttte MMOMM Ur bUjjRM VRON& Wft andr� dam: which vrss by me OULMaw tbrousti the MMM or UM VM rack wr may,. PURCHASS PRCOPJ B VE*NQWAMGW ROP1101011AW VW=&-R u n*30 4Y Me mmmNAwar to a sue.or�BERM ard.emn bytTta fir�6e oasee:Fa�aestde6nedpr ' eteIUMIReattft arsnu s atrcEatn. 8t !ws ett$MEN"of iee nr a swowng vama.Mam mn DPAL!!lStlQ►�9 atsffiag t� atca t1s vela ortb►. PURCHAS6M Autboriaed OGIIt£ii61i1P RWAL VZHMUWW LSM-OMOMW podgy tt vabide dltactir ftm a saoa as RtzoiaCm bw Am now UMAM flBALE�fslel8agtliesvaso vateideon[g. PURCHASEMS) Anlbatbatl�ALPti�RtttRitAB ti`OWLSSAW V = GEAIjwwv= owd ed � 8009W crate =A' a � oft asa vebde T MOWER ve Oi'FIHtVQ)EC).E•�LF)es�a3 Hm rasa. DFItL R a w i6 MW Mveita0asat�.veicba t- a�tAt�tb7 - ptD8AL�81itP� . t cxrfifjr ihef!haara readthi�dimeiamucamnd fiaet h0s tc 0*M 6e vthth! aw s +ee vrere antsy tonne eased by ttx MALtEt MW to ds=ftft 00 lea Vmt#mn P-c'L" ftg. V&WtCl""M wft ��t�"M aaz t3Dtt�EEiR��r� troE abatA v�hUh Me hw= - � a�cto�weaftaw wo cry gift s� GAUMPMPMN oaten n�w►c�a w Nov 3813 03:04p Prime Auto Sale 717-701-8437 p.20 General Release Fourvah>raable comdenfi m,theapt ad suffidency Ofwhich are bdreby aJWwledvk 1U t nex DUI g.-ie I e .Aj�rP ("Rdesr"j,do= w release,and AMa _PIIi1EAMD Sale 9 dW L.0 CM929M Inheh% execubaM Own=.OTMOM ad&tr t=aid pesousl sepr�s ve9,of aad fraaa ati, aad all manner oC aCdow%amassofaeftl�WiMP,oc M debts dQM judgnmis. cdohns,6abWdcs6 awMAS6 p=wWjw.frees,cq=ws inc3xdiqg si y fees and d=snft wba bwvw in law or egdW,wbjcb Mr eva maw has.or wMch Rdeasoes hebs.amxwm%aftkdst i or pew�� hmaft cm shad,vrmayhm for arbyxeasm&wymw=cmse6 orehtg VdWMeee4 from big offhebelow datefmthe emecadenofiNsidease, M WII ESS WREFAF,Z the 9&teme bsva maec uftd-this Raeaseiis day of ' - - (e ,,mod "byRetw=) (94patmM-ofRracwwr j m 1 1 VERIFICATION The undersigned having read the forgoing Amended Answer states that the language within is true and correct to the best of the undersigned signer's knowledge, information and belief. To the extent that the contents of the foregoing Answer are that of counsel,the undersigned verifies that they have relied upon counsel and information provided to them in the taking of this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 of the Crimes Code(relating to unworn falsification to authorities). Walid Abdalla,President Cool Transport and Towing, LLC, dlb/a Prime Auto Sale December 2, 2013 VERIFICATION The undersigned,having read the forgoing Amended Answer with New Matter and Affirmative Defenses, states that the language within is based on information furnished to counsel, or such information has been gathered by counsel in the course of preparing this Petition for Leave to Amend Response, and that it is true and correct to the best of the undersigned signer's knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 of the Crimes Code(relating to unsworn falsification to authorities). Philip a li February 10, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Nina M. Lemire NO.: 13-5533 Plaintiff CIVIL ACTION—LAW V. Cool Transport& Towing,LLC D/B/A Prime Auto Sale Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Amended Answer to Complaint with New Matter and Affirmative Defenses upon the person, and in the manner, indicated below,which satisfies the requirements of the Pennsylvania Rules of Civil Procedure,by depositing a copy of the same in the United States Mail,postage prepaid, addressed to: Nina M. Lemire Mark F. Bayley, Esq. 26 North Walnut Street, 17 West South Street Hummelstown, PA 17036 Carlisle, PA 17013 (Plaintiff) ZULLI VEHICLE&TRAFFIC LAW February 10, 2014 By: -�� Philip L. Z i,lrs tty.—Id.No. 47499) 155 Grandview Road Hummelstown, PA 17036 717-566-8585 Zulli@msn.com www.zullilaw.org IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N,tAc& Plaintiff .• .• NO. l'' S S 3 CIVIL TERM moo COO( Iii tviSpOr - ft 7—&i.);4 , . x rri O cn r cv ::::)c-: I ' LC N Pr:�e Defendant r� r N) A-04-0 Sco,c c .:�--,, RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the c C-) c� following form: D (--_- —fin ---# - -.'" r c J 7 THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: N► LA C M. LQtAn , coansel for the plaintiffIide€er lent in the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. f 2. The claim of plaintiff in the action is $ 7) Z ii 6. S c p `US Cc44-0✓7/(.2y COsk The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: P14 (f cA Zu //I 6S e . ; 1c�r&, ley, , WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators whom the case shall be submitted. ol8• eaati R1/-306 Respectfully submitted, \J , , ORDER OF COURT iAA;J'e, Pr© S2 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. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date 1 Nina M. Lemire CERTIFICATE OF SERVICE I, Nina M. Lemire, Esquire do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Phillip L. Zulli, Esq. 155 Grandview Rd. Hummelstown, PA 17036 Nina M. Lemire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . NO. l ." 5-533 " �33 CIVIL TERM (_, • 77. VS L.LC > Q/C /A Pr:me Defendant �xh N to u-k Sc.l� { \ 3 RULE 1312 -1 The Petition for Appointment of Arbitrators shall be substantially in thJ e c-_) = following form: > =: C) THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ( ?t t ;re. _ f__ plaintiffs in the above action (or actions), respectfully represents that: 1. The above - captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 7) Z- si �o S 5 A (US C1.4-4reke?/ cOS4 . The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: PGl: ((,;q Zu /K, �s . ; Marl h &y ley, (-CF WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to I whom the case shall be submitted. 8. p P ead G► /2hv /9g Respectfully submitted, rV:v■c, fit. ORDER OF COURT LA", , Pr© Ese. A1NJ , }.Jow, , 20/Y , in consideration of the foregoing YLt / Esq., and ,%2d./I e. - �sq /CLG 1 iii C D( Esq., are appointed arbitrators in the above c—ap n €d action (or actions) as prayed for. - Ltj 03 Li Pk:/;10 r Z;� // 6' Cv C.3 / V (to i ,, /0 '- / -a ; iii By the Court, KEVIN A. S, P.J. • 444, VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date Nina M. Lemire CERTIFICATE OF SERVICE I, Nina M. Lemire, Esquire do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Phillip L. Zulli, Esq. 155 Grandview Rd. Hummelstown, PA 17036 Nina M. Lemire : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVARIA vs. : DOCKET NO. 13-5533 Cool Transport and Towing, LLC, : CIVIL TERM D/B/A Prime Auto Sale PLAINTIFF'S ANSWER AND NOW, comes the Plaintiff, Nina M. Lemire, and submits the following answer to Defendant's New Matter and Affirmative Defenses: 27. No response required. 28. Denied. After reasonable investigation the Plaintiff is unable to verify said averment; said allegation is therefore denied and strict proof is demanded at trial. 29. Denied. After reasonable investigation the Plaintiff is unable to verify said averment; said allegation is therefore denied and strict proof is demanded at trial. 30. Denied. After reasonable investigation the Plaintiff is unable to verify said averment; said allegation is therefore denied and strict proof is demanded at trial. 31. Denied. After reasonable investigation the Plaintiff is unable to verify said averment; said allegation is therefore denied and strict proof is demanded at trial. 32. Denied. A proper and lawful inspection was not performed on said vehicle. 33. Denied. After reasonable investigation the Plaintiff is unable to verify said averment; said allegation is therefore denied and strict proof is demanded at trial. 34. Denied. After reasonable investigation the Plaintiff is unable to verify said averment; said allegation is therefore denied and strict proof is demanded at trial. 35. Denied. After reasonable investigation the Plaintiff is unable to verify said averment; said allegation is therefore denied and strict proof is demanded at trial. 36. Admitted. 37. Admitted. 38. Admitted. 39. Admitted. 40. Admitted in part and denied in part. It is admitted that Plaintiff was accompanied by Carlos W. Narvaez-Vazquez; it is denied that Mr. Narvaez- Vazquez held himself out as an auto mechanic. 41. Admitted in part and denied in part. It is admitted that Mr. Narvaez- Vazquez drove the vehicle; it is denied that Mr. Narvaez-Vazquez would be classified as Plaintiffs "agent." 42. Denied. 43. Admitted. 44. Denied. 45. Admitted. 46. Admitted. 47. Admitted. 48. Admitted. 49. Admitted. 50. Admitted in part and denied in part. It is admitted that Plaintiff signed said document; the remainder of the paragraph constitutes legal conclusion and is denied; to the extent that an answer is deemed necessary with regard to the remaining averments they are denied. 51. Admitted in part and denied in part. It is admitted that Plaintiff signed said document; the remainder of the paragraph constitutes legal conclusion and is denied; to the extent that an answer is deemed necessary with regard to the remaining averments they are denied. 52. Admitted in part and denied in part. It is admitted that Plaintiff signed said document; the remainder of the paragraph constitutes legal conclusion and is denied; to the extent that an answer is deemed necessary with regard to the remaining averments they are denied. 53. Admitted in part and denied in part. It is admitted that Plaintiff signed said document; the remainder of the paragraph constitutes legal conclusion and is denied; to the extent that an answer is deemed necessary with regard to the remaining averments they are denied. 54. Admitted in part and denied in part. It is admitted that Plaintiff signed said document; the remainder of the paragraph constitutes legal conclusion and is denied; to the extent that an answer is deemed necessary with regard to the remaining averments they are denied. 55. No response required. 56. The averment constitutes legal conclusion and no response is required; to the extent that a response is deemed to be required the averment is denied. 57. The averment constitutes legal conclusion and no response is required; to the extent that a response is deemed to be required the averment is denied. 58. Denied. 59. The averment constitutes legal conclusion and no response is required; to the extent that a response is deemed to be required the averment is denied. 60. The averment constitutes legal conclusion and no response is required; to the extent that a response is deemed to be required the averment is denied. 61. The averment constitutes legal conclusion and no response is required; to the extent that a response is deemed to be required the averment is denied. 62. The averment constitutes legal conclusion and no response is required; to the extent that a response is deemed to be required the averment is denied. 63. The averment constitutes legal conclusion and no response is required; to the extent that a response is deemed to be required the averment is denied. 64. Denied. 65. Denied. 66. The averment constitutes legal conclusion and no response is required; to the extent that a response is deemed to be required the averment is denied. 67. The averment constitutes legal conclusion and no response is required; to the extent that a response is deemed to be required the averment is denied. WHEREFORE, the Plaintiff requests judgment as set forth in her Complaint. Respectfully submitted Nina Lemire,`Pro se 26 North Walnut Street Hummelstown, PA 17036 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Nina Lemire CERTIFICATE OF SERVICE I, Nina Lemire, do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, addressed as follows: Philip L. Zulli, Esquire 1501 N. Front Street Harrisburg, PA 17102 Nina Lemire, Esqu akk 14-( . LE.Yfri Cke In The Court of Common Pleas of Cumberland Plaintiff Cc)c.L., oNvc., County, Pennsylvania No. - )Z)4 4arc) SAstiE5. Defendant Civil Action—Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office wit is . *thu,i i• nkt(A) Signature Signature Signature ? L..)44E.; NArk ThJZ otwev ivc c . Name (Chairman) Name Name MCWinaid Or-.0 c_e 1-f fs KOsVi Law Firm Law Finn Law Firm taw 6-voup, L t, <i (?). L. 24 IQ) SO/ literka at3a mavic-e+- Address Address Address CANK ype„) FA /708 C1W1P IhI1 01- I70 1 1 City, Zip Vf) 0 City, Zip City, Zip 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.) fc.4- e-r-e-ts)Pite0Tr Ai-k-‘83 Arcg)-ncr- _ . -Arbitrator, dissents. (Insert name-if applicable.) Date of Hearing: la)z.423\ Date of Award: b)221 )() (Chairman) OA) • / : Notice of Entry of Award Now, the $ day of - 20 / at It 6' .M., the above award was entered upon the docket and notice thof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S k jk.iP 1 dilor .0" By: Pro'. onotary Deputy O (HL PROTHONOTAiiT 20i4 AUG 28 AM 11: 02 CUMBERLAND COUNTY PENNSYLVANIA LGM • • • • • ! i..i ! k � f .. • r C P. PiA't )1 -1 -,Tc VS MLA spor-4- LLL D1� C 016 Se,(e IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: -0a C) Notice is given that PACAtA T appeals from the award of the board of arbitrators entered in this case on L .)ST 2 Z 011 . A jury trial is demanded E. (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 2/1'. the compensation of the arbitrators has been paid, or u2. application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) -nditiva c - Appellant i Attorney for Appellant NOTE: The dema d for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. SY/6f5 f t k#311 ca CERTIFICATE OF SERVICE I, Nina Lemire, do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, addressed as follows: Philip L. Zulli, Esquire 1501 N. Front Street Harrisburg, PA 17102 Nina Lemire, Esq e PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a TRIAL WITHOUT A JURY. CAPTION OF CASE (entire caption must be stated in full). iM. Leiure (Plaintiff) vs. c_ol I o (30\1 -IL 4- LLC .D f0% f -;M -e o-)- fetle. (Defendant) vs. (check one) Civil Action - Law T Appeal from arbitration r (other) No. / J - �5� J Civil Term Indicate the attorney who will try case for the party who files this praecipe: {3110 S� Indicate trial counsel for other parties if known: PUI'll;p L.2U\\)Csci. l sot N t cro,A.A-S4. g This case is ready for trial. Date: Signed:' 1 Print Name: Attorney for: oct Lew, ; r- t. Pro se ,day. is pd P/F� (8s !#5 CERTIFICATE OF SERVICE I, Nina Lemire, do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, addressed as follows: Philip L. Zulli, Esquire 1501 N. Front Street Harrisburg, PA 17102 NINA M. LEMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff VS. COOL TRANSPORT AND TOWING, LLC d/b/a PRIME AUTO SALE, Defendant AND NOW, this matter is set for Thursday, -Nina M. Lemire 26 N. Walnut Street Hummelstown, PA 17036 Plaintiff Philip L. Zulli, Esquire 1501 N. Front Street Harrisburg, PA 17102 For the Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 13-5533 CIVIL IN RE: NONJURY TRIAL ORDER 2C" day of November, 2014, a pretrial conference in the above December 18, 2014, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, p:etc /i / it / -6/N CO r �? rT —t' BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 NINA M. LEMIRE, Plaintiff vs. COOL TRANSPORT AND TOWING, LLC, d/b/a PRIME AUTO SALE, Defendant +-I I I�.r. F ' i T 101.4u DEC I 1 PH 2: 51 CUMBERLAND COUN1 PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 13-5533 CIVIL PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Nina M. Lemire, in the above - captioned matter. Date: ark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 NINA M. LEMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. COOL TRANSPORT AND TOWING, LLC, d/b/a PRIME AUTO SALE, Defendant : CIVIL ACTION - LAW : DOCKET NO. 13-5533 CIVIL CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Dated: z - Philip L. Zulli, Esquire 1501 N. Front Street Harrisburg, PA 17102 Mark F. Bayley, Esquire NINA M. LEMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION — LAW : NO. 13-5533 CIVIL COOL TRANSPORT AND TOWING, LLC d/b/a PRIME AUTO SALE, Defendant IN RE: NONJURY TRIAL ORDER AND NOW, this /9 ' day of December, 2014, a pretrial conference in the above matter is set for Thursday, January 22, 2015, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, Mark Bayley, Esquire 17 W. South Street Carlisle, PA 17013 For the Plaintiff Philip L. Zulli, Esquire 155 Grandview Road Hummelstown, PA 17036-9269 For the Defendant :rim pi S Pat LEL9//if