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HomeMy WebLinkAbout13-7323 Supreme Court46 Pennsylvania Cour,r, .ofXC6'tnm6)h P 1eas For Prothonotary Use Only: Clvil Cover Sh�e�et Docket No: CU146RLAND yri County (l at l The information collected on this form is used solely for court adrninistrcrtiorh phrrposes. This form does not supplement or replace the filing and service c} f pleadinsrs or other papers cars required by law or rules of court. Commencement of Action: S 0 Complaint El Writ of Summons Petition E] Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Barbush Rentals, Inc. Arash Hama Dollar Amount Requested: Mwithin arbitration limits I Are money damages requested? El Yes D No (check one ) outside arbitration limits N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? El Yes 0 No A Name of Plaintiff /Appellant's Attorney: Todd F. Truntz, Esq. El Check here if you have no attorney (are a Sh:ll= Rep resented 11 h See Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include.ludgments) CIVIL APPEALS M Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution El Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle E] Debt Collection: Other Board of Elections Nuisance Dept. of Transportation E] Premises Liability Statutory Appeal: Other S F1 Product Liability (does not include [3 Employment Dispute: B mass tort) El Slander /Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other F7 Zoning Board T ® Other: I ®x Other: O MASS TORT Breach of Contract 0 Asbestos N C] Tobacco E] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste M Ejectment El Common Law /Statutory Arbitration B E] Other: Q Eminent Domain /Condemnation M Declaratory Judgment Ground Rent E] Mandamus Landlord/Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto Q Dental El Partition El Replevin El Legal E] Quiet Title El Other: Medical 0 Other: Q Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Barbush Rentals, Inc. j � C Plaintiff 13 ell vs Arash Hama Defendant C - d FW CD NOTICE TO DEFEND ;y 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 SAIDIS SULLIVAN & ROGERS Todd F. Truntz, Esquire Identification No. 83302 635 North 12 Street, Suite 400 Lemoyne, PA 17043 (717) 612 -5800 ttruntz@ssr-attorneys.com BARBUSH RENTALS, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. ARASH HAMA, : Defendant CIVIL ACTION —LAW COMPLAINT NOW, COMES the plaintiff, Barbush Rentals, Inc., by and through its attorneys, Saidis, Sullivan & Rogers, P.C., and brings this Complaint against Arash Hama, and in support thereof, avers the following: Background 1. Plaintiff is Barbush Rentals, Inc. (hereafter "Barbush "), a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania having a principal business address of 1885 West Harrisburg Pike, Middletown, Dauphin County, Pennsylvania 17057 -4915. Barbush is the owner and operator of an Avis Rent A Car System, LLC franchise. 2. Defendant is Arash Hama (hereafter "Hama "), an adult individual having a last known address of 5206 Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On May 10, 2013, Hama presented to Barbush's business location at 5401 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050 and rented a 2012 Toyota Prius having a vehicle identification number of JTDKN3DU7C5434027 (hereafter the "Vehicle "). 4. Prior to accepting delivery of the Vehicle, Hama executed Rental Agreement Number 561535295 with Barbush, setting forth the terms and conditions of his rental of the Vehicle from Barbush. A true and correct copy of Rental Agreement Number 561535295 is attached hereto as Exhibit A and incorporated herein by this reference. 5. Preceding his signature at the bottom of Rental Agreement Number 561535295 is Hama's acknowledgment of receipt and agreement to the terms of the "Rental Jacket," which is a tri -fold document containing Barbush's rental terms and conditions agreed to by Hama. A true and correct copy of the Rental Jacket is attached hereto and incorporated herein as Exhibit B. Rental Agreement Number 561535295 and the Rental Jacket are hereafter collectively referred to as the "Rental Agreement." Count I: Breach of Contract 6. Paragraphs 1 through 5 above are incorporated herein by reference as if fully set forth at length below. 2 7. Barbush delivered the Vehicle to Hama on May 10, 2013, under the terms and conditions of the Rental Agreement. 8. Shortly after receiving delivery of the Vehicle, an accident occurred while the Vehicle was in the possession and control of Hama, which resulted in damages totaling Seven Thousand Three Hundred Thirty -Nine and 88/100 ($7,339.88) Dollars. A true and correct copy of the damage repair estimate provided by MAACO Collision Repair and Auto Painting is attached hereto and incorporated herein as Exhibit C. 9. In addition, Barbush incurred towing charges in the amount of Eighty - Five and 00 /100 ($85.00) Dollars actually paid to H &S Towing Service, Inc., as evidence by a true and correct copy of an invoice therefrom, which is attached hereto as Exhibit D. 10. In accordance with Paragraph 8 of the Rental Terms and Conditions contained within the Rental Jacket, Hama is responsible for payment to Barbush for all loss or damage to the Vehicle regardless of cause, or who caused the loss or damage unless Hama purchased a Loss Damage Waiver ( "LDW ") from Barbush. A LDW is an optional damage waiver that may be purchased by a renter whereby Barbush assumes liability for loss or damage. 11. As set forth in Rental Agreement Number 561535295, Hama affirmatively declined to purchase a LDW from Barbush. Accordingly, Hama must now pay Barbush for damages to the Vehicle that occurred during Hama's possession thereof. 3 12. As set forth in Paragraph 8 of the Rental Jacket, Hama agreed to pay Barbush for its loss of use of the Vehicle, administrative fees, towing, and storage charges. 13. Barbush has made repeated demands to Hama to remit payment for damages to the Vehicle. Hama has refused, and continues to refuse, to remit payment to Barbush for the damages to the Vehicle in accordance with the terms of the Rental Agreement. 14. As set forth in Paragraphs 21 and 23 of the Rental Jacket, Hama has agreed to pay reasonable attorney's fees and interest at the legal rate to Barbush as a result its collection of the damages to the Vehicle from Hama. WHEREFORE, Barbush requests that judgment be entered in its favor and against Hama in the amount of $7,424.88, plus damages for loss of use of the Vehicle, administrative fees, towing and storage costs, reasonable attorney's fees, and interest at the legal rate. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: December 12, 2013 BY: Todd F. Truntz, Esquire Identification No. 83302 635 N. 12th Street, Suite 400 Lemoyne, Pa, 17043 (717)- 612 -5800 Attorneys for Plaintiff, Barbush Rentals, Inc. 4 VERIFICATION I, ROBERT DANIEL BARBUSH, President of Barbush Rentals, Inc., declare that I am authorized to make this - Verification on its behalf and hereby verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Dated: December 12, 20 Robert Daniel Barbush EXHIBIT A RRN'TkL Af- RIE'M --tgi NE13:M 5f215352S RE5ERVATTON NMER _:336503 M-5 e. ere Lk Wer tMT ` } :XH - , , 2 piz7e Numb,..: ,:.'r E?L62,:u of zpl ent Via, uTER x9501 Vela ::es rilst.l. iii_ TOYOTA FPIUl FYBR'ill I'M cup Mnp FBI '`kE{ p _ €at.°1Tk KY ]q20003:1: M R.-. n Dam!hme R. .:i # MM246 C`",: Pi kq WWon 5401 y l,? F:KE Rer _€� Loc�t cn 54D1 CA. IT P -3� MR'a .FANICSSCf' -,PA,1 is 50", -.a b:lY K52 C SBU PC-, P�.f tJo C E u re?,s Kay c? if 3 .hQw'W Ari-, Mac - 1 °.ti 2Xrw, ?e.knl.rn Date, eimp And/Gir Lc ca iun, M o R DAY W w i . G:`.Y Loss D ncge KAwr 21 DO filed Wd T= AND (. � .x +_�a_ -.r__7., s Tl'.; ura : _ W f e Pied pezz E :YU'iM,_ I 'UnT ai.: icy {. `,i 30H 3414 103A a3VN' Qet_1F::ti Insu,_..c? 1. 95 Eccli Kii MY 200, F,' . LY: my W t + a r C� a . t. or dec e G Jon, - . , l. s ai >ce5f;. rC� Sf, s X _:e Ya -1t Est imated 1 2.05 -. st?c:'d RECOVERY Ft` . 31 W 4 1.1! . Wy_.` -E .t ,.(:`.. .,hx .2.s2Cj_ 5 9.,..._ _L_iI a ,. s �':': =si . n "ea`te .. r €t:1.d.1 104.16 € r : yru do nDL, a dit n al z uei ' ee nov s - €Ply: Sales Tal C - Jr "?. G "€ ._�£ =ems �"rC a`_a. „_ #. -�'�'. pe_ :os - .. ?: X21 PALS ',?aR SlIiL s.XX - 2,)81 � ev r � .- SES : Tr _ 2 S F LICENSE � - T R - - - -Cl sc, ,_,,,. � .,,�,.,.1: __ <v�.at,,, °�- s.:__..�.:-- --F'ri,, ,_,t:,. �11M'�Pi -:�_�_ � - r. ._ `s .s _ �_ .._IM--- *1 reject €RS)tK7a I c noat.._age wrier Ms rP: =l. 3gr:.ment , - any pol ±_FY of lvsurranac u_ self - for sty,. @__. and W ozhRr :passenge s. Un_ € -:.a czve age ,..aotc,ncs me ZnG "t.ner _ ,.r': €y�.,... in this for osse. ss and dagiages suffered it _; y is GvrSwv by tie 0- g3igen f of = driv'er wh') does not hav any lid #3_a: ^,C °_ tc pay for :lcsse Loss Damage WHO is o € - i mc_. An Wed only cut of .''.M ccwrs ywr r .,Elt. —b .1 ty _ 1_ 3 ,7`c€ge tO uLY ca=.. lwilh yar inar as i}'_s :,,:`_r �v� d'.1C`ili3tltic L7`' r,:?1r car 1t:-sL'L'aCtc. 1 3gi'F>~ tHF �1:a:q�ss- 7 br , a'1? - are "_ °Liw?l:8 3 u that 2 b L re e-"v' a L m3tjce. ea terms here : A in ". e rnn a tin aidit crizi S1 er t iit dt , pri ar ks i't _cn crc t Ti '1`. s, C ET' - TKS 7 reds to Ea rr qt. J E hJ.'s :. fit. l _Cgetru c' this €; e3+;. r €1, C.dtl as at 71 /"h `t '!.i2l Ti l.iv i 3".�:.d! d�� - - c .. to yam'„ rVy P.;:,�l L�. ^: I EXHIBIT B A IS NAME _ P� O ter, or s��a cov °aV- Ta (jet thts comlc°mebaaKso se Q �TE N° 90 to avis• i �cErt is rentai.lf trot, c gk N °' Rene iptfor ou r PrOtite with e.RECEIP�TM QppON uPaa rentals. � 11 CeceNe an e - p have opted in, tirme'savin9 servie a Receipt on P Ynu a of this � in to receive ren +eema"t ke advauta our tal 9 rem2\0 ourernatladdressad��tNEON�AjtdM nma, a^ddto4Y ber,Ycu A 1e s<q ,� 1 genttoY01- C Pemam YiMPdttCAN � m � atce p e "yot'' t o' d aft'(iME: _ UY cnar �Car Etatumeox. at t 11E'i s ! 1t �ytne tens �ataka ac �5URN���.' PM we Avis. ©n sCods ties�roeter g until ' tprOtre 6S re +� tE to A lAil4A Q Nd „ pv' aag N�`ate dia9, pctd whe �iS rental ti les tl v�'� d year next A today Rct E FUELI YO c ure comiserytoes 1DOO ?u che � kba xttaPP itcabtel' Go to 314 118 p Tara tank AVis. GA" m*' 114 3t0 1!2 51B smi o.�e GAS SVis.com � E �+ pN1�iNE C� ► �0'� R�g�RVA ZtON� ands" to statt Avis Corp °rate Pw entaN,Avis" gign up tO dlrt9. COm pl' - . selv1 °e benefits lnciu i rates pre {erred Al p �o " tow °orpor to 250/0 o��, ta re up tha 1 1011 � ( a +e,. «Reward Pays • R � f .131C t �2� . it , S FREE Cta11 toda`1 at itee�eet. 'Ea X00 ,� o utolnot sroekt oke t1C paA 1~ , rnkY msa10�°lasm You alty certificates, coupons Of vouchers i on tee. You Ol also o pay a any rewards ou may be charged a +Tempt rewards program,Y t. ndi {ions le fee for cleaning the car' setws tnair n a non flee exces stains, Rental terms and Co our u third parry tied by you, and a reasonab ;o er are dart or soilage attributable to lout smoke in the car. You an any an additional charge ►f y Car System, LLC, or the will Pay res ponsible for payment of a ll suc thatyou are authorized. { whom any rental charges are bitted, such as ll insurer or em the retrial document signed u teri rental charges together constdute the rental � , These terms and cand' +bons, ou return record with comb rsell and Avis Rent A ]oitdly and severally resPo represe abil► y will pay agreement between y such charges to athird path' y meet cap d our rental and us to bill any you use a car with automa`ia� olollsncumed during y t codes to indep Avis System licensee identified on the rental document indep to do so. it y t Avis ")• us or our toll program admi Avis issues dtscoun nistrator fo charges and penalties. enef►L You agree to the to Zed su ch all related tees, o ther use will be viewed rent from us the car desc on the rental d o cum ent, which [en into this rental agreementy�ou [ePresentYou have the 2. You entering ursue leg is solely a bailment for mutual this rental, in i fiY on the other panels °{ ► the law wtal 01 a jut sdictton el erred ibded by `our" refer to the parson wrree express auth °nzat ►ono{ Avis to u se such Doable attorneys sees and casts' it not rah u" and `Y also ag as an unlawful use and of I'm t services for which Avis can P exc ise taxes, term is P but n ° „ our" and "us" refer to Avis• You remedies including all sales, use, rental, environmental a sig ri d exc which case such law controls. o ns this agreement we purp and thatyou cannot assignor 6 ax ; You II pay thatyou arreur obliga tor any p p includmg , surcharges• insuran and not trnsfery Da e v .LassDamageWa"VeT(LDV� is { full LDW by Your initials on the rental of ih a You must return the r on the date and at ti It you accept ► or atrial day that the car is rented to 3. to wear and tear excepted, received ►t, ordinary for ea,h lot p You must return it sooner on o ut reement, we as ea or indicated on the rental document. a different or higher rate may mandatory. it ermitted by law, for lost, damag If ou return +t earlier or later, tee. You your you, and the car ie to the car except rd p da °h tine ser vice unless ' elated to be charged a late return document at the daily rate, m amo demanand,' t returned later, you may t 04 g t ter your apply o the car if stolen, and exC g may not return the car at a time w en we are closed. I in ccident, or recovery • • d on the rental document. P you accept PDW will continue to accrue stolen keys or remote entry eevices, w eto or loss of the car wiii continue and all charges all toss or erne f r responsibility for damag it a ny, s ecd where permitted by la Nance with ' his stated on the rental document as a periodic rate ens, your "responsibi)W) is available only operated ►n acc to the amount as until the r 'turn location reopens allwpen That location reopion of the an dal rate, and the car is ° o the car up • .. all other It we do not find the car If ou wish to at the 'indi assu alt loss or damag t res pons i b i l i ty l e for all t . es and tot damage to °r �o of th e car will Waiver T e) docu ment and you accep P W o responsibility for all chard returned or recove continue until the car is actualry ran an extension or grant specified on the r It yo do not accept either LOW or rental you must contact u sate 9a ;a97'84a$ to reauoeSran toss or damage. y advised thatyour own fns' 1h8 an or m y li we 9 , damage to the car• loss and dbeen a are described in the ad ° g ng extend a n y ou have before your return date We may be app paragraph•You acknowledgey You also acknowledge it {or the entire period y request, in our sole diapplie n. hail to the extension loss or a also apply mak cover toss or damage to the car• xtens►on a different or higher rate may d loss damage shown onihe rental documen, or tithe end of ese an a notes' on . Of n separate period and a service tee may terms, or ► notice form t LDW, or ;{ the car is lost are ur a . The car must be returned to the afire a If you do not accep . era rah 17, y 4 *elf o our rental commences, you { kh location as specified on trite n where Y meat. If retur is a d ereni ti. D m e t loss of or damage to the u � p y ou return [ than the loca ou return the ca ou damaged as a direct or 11 dt a re us for al of a vi Of d gad y u p to a location oth r tie way service fee . It y ermiWon, y , ons+ble; and you wi p y may have to pal reed return location without our P us If this rasp hoe from the a9 d return location tee" s dis tance a the difference betweef a e Where d repair cast, rJr if, to our sole discretion, we determ +tie h sell t e ca ca a ze distance between o{ cause or who, or what caused it. it the car ► ° 10 the unuthon agreetoPay ;n l mileage normal rate y. , you will pa fee is higher by multfpiy 9 you for the actual cost of repair fair market value bet ashor►i s ++s to charge y thlal � and antenna t and ion and actual return local Drier 1eo You also understand in its damaged condi °n `� as renting local ou ll pay the 9 permitted by law, Io documentlretum record, t ou drive and th ► I that a different or higher rate may apply' mbar of miles y yenta or replacement re oat h damaged items such B It w! regard to our arsfair marketvatue bef �re itwas stolen. As nu the art of your rental charges c the time of return . I{ the car is sto en t{a�9 You will pay for the us the day 24 hours), unless recovered you will pay for loss of us lus towing 5. err i � time you rent the car at the rate indicated on as ou'It also pay, and y st , insuranc ce, P1 P lus mileage, or a part o { our loss, Y the factory - Installe i{ our responsibility is co P o' c baumber, starring sleet utilization, plus an administratnre te e Plus .. You authorize it the e us to • document. The minimum charge n °neeading n °incidental Loss) Y dar day" is Indicated e t th les 1 document, P enods it any the name of the insurer anu e y Galen applies to consecutive 24 hour p is s ec►fied our card issuer, its ins fixed fee. We will determine th a rt of a insurance is provided bj y. or all of our lossirom any at the of n daily charge app calendar day or any p to co tact any a third parry h or all of our nc+dental loss to y °U[ Ord at or after the complet minute t e rental begins )t it calendar day P aces you wf t a�avide us With us 1 from tithe hour and process Y ontea calendar,day onwbichthe rental comma i the any, on the rental document, each consecu rVe You it of your rental. You also authorize lender day start'►ng • e charged. {herd party ou wewill refund the difference, if any, condihons for special rates specified on the that fs responsible for it If we collect our loss it you tail to comply wdh any ficable rates wiii b after we have collected our foss from y ocument our otherwise a ppeal for miscellaneous servi feesaand between whatyou paid and what we collected from the third pa rental document ,� ii,�t a�mly t0 the ^mncesslon reC °Very ",50111 allow damage to the car, or � return the car after (yours and the ' fiction covering this rental requires conditions on LOW that are an independent insurer and is explained in a brochure available at the car s lama ded,)stolentorvanda{izeid. willful disre aril cause or of a j urisdiction counter. 9 I r liability for different than the terms of this agreement, such as if you �► ordinary negligence is {invited by such law, that law prevails. You 12 P�rsanal Ae�ident Insurance (PAI1. You'll pay for Personal Accident understan that y are not authorized to re air or have the car repaired Insurance if you accept it. You understand that you t enti redo d the rate 18 W validly license driver. You agree that we have the o capable er that without Y per day fora full day even if you don t have the car Y without our express prior written consent f you repair or have the car your license has been validly issued and is in good standing; and repaired without our consent, you will pay the estimated cost to re that we may refuse to rent to you if your license has been the car to the condition d was in prior to your rental. If we authorize store you 13. Personal Etf crotection (PEPt Insurance_ You'll pay for PEP suspended, revoked or otherwise restricted in any way. We to have the car repaired, we will reimburse you for those repairs only if you insurance f you don't have the accept ar for the entire day charg the ra te per day for a full day reserve the right to deny rentals based upon information provided give us the repair receipt. by the Motor Vehicle Department of the jurisdiction that issued your _ Except where otherwise specifically authorized by g, Loss Damaae Waiver Fee. If you accept LOW, you'll pay the daily LOW 14. SatetvNet. Roadside SafetyNet (RSN) is n y insurance and is license. applicable law, only you, your spouse or domestic partner, or; it you I. rate as specified on the rental doclhe men Bail I PDW rate as specified on the Roadside rat show n n the ental d cubmentforleac for full o partial rent i day, RSN rent from us under your employer's corporate account agreement, accept it instead of LOW, you'll pay Y your employer or a regular fellow employe incidentai to business rental document. In either ca car for the entire applicable The fee lost key and emote entry devices, lock flat a re service, ow (if the duties may drive the car, but only with your prior permission. The for a full day if you don't have car becomes inoperable), jump starts, emergency fuel delivery (up to 3 other driver most be at {east 25 years old and must be a capable applicable daily rate multiplied by the number of rental days. gallons, as we determine is needed). Prohibited use of The car will void and validity licensed driver. There may be a charge for each additional 10. Fuel Setvic Chase. Most rentals come with a full tank of fuel, but that is this option. driver authorized to drive the car, which charge is specified on the not always the case. 15. Fines Exaenses Costs and Administrative Fees. You'll pay all fines, rental document, unless prohibited by law covering this rental. (a) Where available, if permitted by law, if you drive lessthan 75 miles, you penalties and court costs for parking, traffic, toll a nd other violations, 19 L(a fl(ty Protection. Anyone driving the car who is permitted acknowledgge that we will add a flat fee to the rental, the amount of which including storage liens and charges. You will also pay a reasonable to drive it by this agreement will be protected against liability will be disclosed on the rental document and at the counter prio fni tu for repossessing or recovering the car for any reason. proper ael administrative fee with respect to any violation of this agreement, such as for cousing bodily injury or death to others or damaging the You may avoid this charge at time of return by providing receipt t f rental ty of someone other than the authorized driver and/or the purchased at which time the flatfee will be rev y 16. Error in Rental Chames. The charges shown on the return record are not renter up to the minimum financial responsibility limits required by charges. final and, are subject to recalculation. You'll pay any undercharges and the law of the jurisdiction in which the accident occurs. The limitfor for If (a) does not apply, there are three refueling options: you'll receive a refund for any overcharges we discover on review. oss { of that person consortium or services. Where the law (b) if you do not accept the fuel service option, where available, at the 17. hibite Us of the Car V idin o O tional Servic s. Certain uses this protection to anon permitted driver, the same limits will apply. beginning of your rental, and you return the car with less fuel than was in it of the car and other thinggs yy N OF THiS PAR ided by us shall be secondary to, and not in excess of, any or a river ma do, or fail to do, will violate Except where required by law to be primary, any protection when you received it, we will charge you a fuel service charge at the this agreement. A V109 OAGRAPH, WHICH INCLUDES rov applicable rate per mile or per gallon rate specified on the rental document. USE OF THE CAR BY AN UNAUTHORIZED DRIVER WILL applicable insurance available to you, or any oilier driver, from The per -mile rate is used ityou do not buy fuel during the rental. To calculate AUTOMATICALLY TERMINATE YOUR RENTAL, IS IO AL SERVICES TO AND any other source, whether primary, excess, secondary or this amount, we multiply the number of miles driven, as shown on the car's VOIDS ALL LIABIL ITY PROTECTION AND ANY OPTIONAL SERVICES TNAT ti the per-mile rate shown on the rental document. The per YOU HAVE ACCEPTED INSURANCEaPERSONAL LIABILITY FFECTS PROTECTION, of aw90 any ne not per by e co s not intended to be odometer, ti provide us with a PERSONAL p gallon rate is used if you buy fuel during the rental and p A CCIDE N Y receipt on our request, but the tank is not as full when you return the car as ROADSIDE SAFET IT A AND LOSS DAMAGE WAIVER O PARTIAL or to afforded b y person or instance in the facto - installed gauge, rounded DAMAGE WAIVER. IT ALSO MAKES , Y O U LIABLE TO US LIENS AND RECOVERY jurisdiction in this whch the accident occurs willapplyl oa agree s that when you received the car (by ,sing ry down to the nearest 118 tank), tim the STORAGE COSTS, Ies the per - gallon rate shown on the rental PENALTIES, FINES, LUDIN TUR insurance policy, or both, as we choose, in any case, a copy of the doc ument Although two methods are used for ease of calculation, e per- ALL RELATED LE EXPENSES, FEES we can provide coverage under a certificate of or an AND COSTS. policy and/or certificate will be available for your inspection at our mile and per - gallon rates produce approximately the same result. It is a violation of ibis paragraph if: main office. You understand that unless required by applicable law, (c) If you accept the fuel service option at the beginning of your rental, you or your wdlbechargedasshownontherentaldocumentforthatpurchaseandyou A. You use or permit the car to be used: l b anyone other than an we will not provide (a) coverage for fines, penalties, punitive or e this opti yo u will not authorized driver, as defined in paragraph 1e; 2 to carry passengers or exemplary damages; b oyony e member of illy fam o the driver's will not pay us a fuel service charge. If you chows A y roe for hire; rela ted b blood, marriage or ado tion residing death while not incur an additional fuel service charge, but will not receive any credit for race or contest o on unpaved r 5 whi a the driver is under the family members rela e y fuel left in the tank at the time of return. The per gallant cost of the fuel 6 for conduct that could service option will always be lower than the fuel service charge. The cost of i n fl uence of alcohol s as nr �m sdemeanor, including the aris ng out of the course of employment (c) defens against refueling the car yourself at a local service station may be lower than the fuel proper y 9 y any claim, unless we are required to provide primary protection, but service charge or the fuel service option. You acknowledge that the fuel while overload 8) icontrolled td inthe Un S on that tat s, outside of the United in such event not after the applicable limits of lrotecti ry service charge is not a retail sale of fuel. States, or with our permission, Canada; or 9) if rented in Canada, furnish are tendered; (d) supplementary no tau t, noncompulsory You may avoid a fuel service charge if you return the car with the fuel outside of Canada, or with our permission, the United States; or uninsured or under - insured motorist coverage, and any other (d) Yo y tank as full as when you received it and, if requested by us, present receipt B. You or an additional driver, authorized or ne 1 }fall to promptly report optional or rejectable coverage, and you and we reject all such e to or loss of ilia car when it occurs or when you learn of it coverages to the extent permitted by law. Where any of these for your luel purchase. any damaT1. Em enc Sicknes Prw ctioa "ESP" where availablern us w ith a inve stigation; acct n incident ho report ar through and or shall be the ml 1 mum requiired under applicable statue. Where s perm'itted by law, e v �_� 1. , is available only and p to Canadian renters and international renters with valid no U.S. passports fully w you are rejecting uninsured or underinsured motorist and all You'll pay for ESP, it you ac it ca You'll fo the entire day. ESPps offered by misrepresentation; s I doers, a ) l e a I windows and the trrunk and the car is stolen optional automobile insurance coverages and under any policy of full day even if you don't have the insurance or certificate of self - insurance in connection with this 23. Collections;. If you do not fay all amounts due to us under this agreement a financial institution outside of the United States and your charges are agreement, for you and all other passengers in the car. You upon demand, including alit charges, fees and expenses, including, without billed to us in a currency other than U.S. Dollars, the full amount of your understand that uninsured and underinsured motorist coverage (imitation, payment for loss of or damage to the car, rental charges, parking charges will be converted to the card account's biiling currency by us l rren protects you and other passengers car for losses and damages and traffic fines you agree pay to I a late charge 'of 11 per onth on conversion performed by your card iss in er advance conversion will be based suf if inj is caused by the negligence of a driver who does impoundment fees, b applicable law, on a conversion rate published by Reuters and will incorporate a processing not have any insurance or has insufficient insurance to pay for the past due balance or the highest rate permitted Y RR losses and damages. There is no coverage in Mexico, and the car whichever is less (collectively, "Charges"). 11 you use a -Toll, you will be charge no higher than 3% applied to all amounts relating to this transaction. may not be taken into Mexico under any circumstances, unless charged a $2.95 convenience fee for each day of the rental including any This charge will replace the currency conversion processing charge applied special arrangements are made at the renting location for separate days on which a -Toll is not used, up to a maximum of $14.95 per rental by your card issuer. You understand that your card issuer has a currency Mexican insurance, where such insurance is available. month, plus incurred tolls at the cash tall rate. You agree t also pay for any conversion process; that you have chosen not to use your card issuer's 20. Additional Liability Insurance Ali a Exclusions. You'll pay for costs that we incur in seeking to collect such Charges including, without currency conversion process; and that you will have no recourse against �) limitation, court costs and attorney's fees in addition to any administrative your card issuer with respect to any matter related to the currency additional liability insurance coverage it available and, you fees, cost recovery, insufficient funds fees and collection fees (collectively, conversion or disclosure thereof. accept it. M that case, the coverage provided by us according to Casts collection ag ent, ). If the law permits, you authorize us and our g , to 29, QpStar and Satellite Radio. You acknowledge that the car may be paragraph 19 above will be primary and the combined limits of contact you or your employer, at your place of business about the payyment equipped with the Onstar System, which provides emergency and other liability protection shall be $1,000,000 or $2,000,000, depending of any past due Charges or Costs. You also agree that we or or collection services. You expressly authorize all of those services. You acknowledge on the place of rental for bodily injury, death, or property damage for a ent(s) may access the personal information that you provided to us in any that you understand that OnStar requires the car's electrical system and each accident, but not for more than the contracted $1,000,000 or effort to collect any Charges or Costs under this section and may use the equipment, cellular service and satellite technologies to be available and $2,000,000 limit for each accident, instead of the basic limits stated address provided by you on the Rental Document, or in any customer operating for OnStar to function properly. Not all OnStar services are 1 in paragraph 19 above. This additional coverage will be provided to profile, as the place to send any demands or collection notices, i the event available on all cars. OnStar acts as a link to existing emergency and other an authorized driver, as defined in paragraph 18, under a separate that you presented a credit or debit card for payment, you understand service providers. Services are limited by, and neither OnStar nor Avis is policy of excess liability insurance more fully described in the that we may report such deficiency to an apppropriate credit reporting liable for, conditions or services outside their control. Any information (e.g. available brochure and is subject to all of the conditions and agency and you also authorize us to share that credit and debit card navigational route support) provided through OnStar is on an "as is" basis. limitations described in paragraph 19 above, except that information with third party collection agents and further authorize us OnStar, its service providers and Avis will not be liable to you or any user notwithstanding anything contained in this agreement, the terms of or our collection agents to charge any amounts due to us including, but of OnStar in connection with the use of such information. You understand the policy will at all times control. ALi does not applyto liability not limited to, the Charges for and Costs referenced above, to that credit or N and agree that OnStar may provide law enforcement with all necessary bodily injury or property damage arising out of any prohibited debit card. information to enable law enforcement to locate the car, it you fail to return use of the car" as described in paragraph 17 of this rental r agreement, all of which are exclusions to ALi. Other exclusions 24. Gard Reserve. You acknowledge that you have been informed that ii the car when and where required under this agreement. You a ree to to ALt are fisted in the ALI policy. You understand that you will be you use a charge card your edit, up a h rental document, OnStar systese and You e allso a ree t service limit cla providers, aga'+ st OnStar f charged the rate p day for a full day even if you don't have the car charges due under this Agree i ement, as ndidi ca ed on the based on your representation about this rental, may be set aside or damages for an losses under any t Cory to the ro rata portion of the rate for the entire day. reserved by the card issuer of the card, which you present for payment of for use of the car for one day. Coil 1.888.40nStar (1.888.466.7827) to 21. j�lgmnirati and Waiver. You agree to indemnify us, our your rental charges; or, if you use a debit card funds in the account to obtain a copy of OnStar s terms and conditions and privacy policy. Not parent and affiliated companies for and hold us harmless from any which that card is linked may be set aside for the greater of the amount of every vehicle is equipped with OnStar and or Satellite Radio. Renters shall lass, liability and expense that we incur arising out of the use of the the estimated total charges due under this Agreement, based on your not activate any service and in the event that a renter does activate a service car, including reasonable attorney's fees: (a) which exceeds the representation about this rental, as indicated on the rental document or in violation of this provision, the renter agrees to be completely responsible greater of either the minimum limits of financial responsibility the deposit amount indicated on signs at the location at which you rent at for the annual subscription fee(s). Some vehicles in our fleet may have the pursuant to the motor vehicle insurance law of the appplicable the time of rental. You consent to the reservation or setfing aside of that OnStar and or Satellite Radio equip however such equipment may not lurisdiction, or the limits of any liability protection that we fumish to estimated total amount at the time of commencement of the rental. You be active. Unless you are advised that you have a car with OnStar and or you; or (b) which results from any unauthorized use or prohibited understand that we will authorize the release of any excess reserve or set Satellite Radio you will not have access to the systems and you should not operation of the car. You waive any claim against us for incidental, aside upon the completion of your rental, and that your card issuer's rules rely upon them or take steps to activate them. special or consequential damages in connection with the rental. If apply to your credit line or your account being credited for such excess and 30. Where2TM' Global PasilQnino the rental takes place at a location operated by an Avis System may not be immediately released by your card issuer. may offer for rental a Where2 Bata ' e e At various locations, we lobal i'ositioning System for your use. If you Licensee and a claim relatingg to this transaction is made agganst Avis Rent A Car System, LLC, or Avis Car Rental Group, LLC, t 25. Progeny in the Car. We are not responsible for loss of or damage to any rent such a unit you will pay the additional daily charge shown on the rental alleges unfair, deceptive or unconscionable conduct that reining Avis property in or on the car, in any service vehicle, on our premises, or document. This unit is not pan of the car. You are responsible for any loss licensee agrees to indemnify and hold Avis Rent A Car System, LLC, received or handled by us, regardless of who is at fault. You'll be o r ave accepted LOW. the uniac and/or i ccesso are lost or da maged and Avis Car Rental Group, LLC, harmless against such claim, responsible to us for claims by others for lass or damage. so as to, in our sole opinion, require repair or replacement, you will pay us including the related costs and expenses. 26 Meaning of "Car ". The word "car in this agreement means the its repair or full retail cost, which may be as much as $499. Ii you return 22. ftamahOIJUL We can repossess the car anytime it is found vehicle rented or its replacement, and includes tires, tools, equipment, the unit to a location other than the renting location without our illegally parked, being used to violate the law or the terms of this accessories, plates, and documents, unless otherwise explicitly specified authorization, you will pay us a fee for that unauthorized return. We do not agreement, or appears to be abandoned. We can also repossess in this rental agreement. use Where2 units to track or locate cars, other than those that are reported anytime we discover that a misrepresentation was made to obtain 27, h n s. Any change in this rental agreement or our rights must be in lost or stolen or as may be required by law enforcement agencies. the car. You agree that we needn't notify you in advance. if the car writing and signed by our president or a vice president. is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the car. You agree that such cost will 28. currency Conversion If you use a credit or charge card that is issued by 02011 Avis Rem Afar System, LLC F-131C (10111 Rev.) be charged to the card you used to rent the car. i EXN�g�T c . , 1998 WEST HARRISBURG PIKE MIDDLETOWN, PA. 17057 PHONE: 717-944-4020 FAX: 717-546-0016 PRELIMINARY ESTIMATE 05/1712013 09:17 AM Owner: barbushmvis Inspection Inspection Date: 05117u013 09:17 Am Inspection Type: Appraiser Name: )oouahu Appraiser License o� ----------- -_' ....... __---________--_'-__---___'____-___-____-_-_____-__-_..... -_'__� Repairer __________________________________________________________________ nopw|mn �uuoo c��vvu� Auumwo: 1oeavv HARRISBURG PIKE mm*ooay' (717)9*+4020 City State Zip: Middletown, pA1roar wo,woxv' _____--_-__-_-____-___-___--` 2012 Toyota pnvs Plug-In *oRHatchbac 4cyl Hybrid 1.8 Continuously Variable Tr uo.p/otm 11238905 Lie State: Lie Expire: mm: JToxw3ou7C5434027 Prod Date: mxvoov: 17.307 voxmopo: Mileage Type: Actua Condition: Code: Y1 933A sxt.nwnnmh: TwoSlooe /ntnonniso Options 2nd Row Head Airbags AM/FM CID Player Air Conditioning A/ummvmmnoyvvhvwv Ano'Lucxomxoa Auto Headlamp Control Bucket Seats Center Console Climate Control For A/C Cruise Control Daytime Running Lights Digital Instrument Panel Driver Knee Airbag Dual Airbags Halogen Headlights Head Airbags Heated Front Seats Heated Power Mirrors High Definition Radio |pOoCvntm| Illuminated Visor Mirror Intermittent Wipers Keyless Entry System Lsoorakoightn Lighted Entry System wpoP/ayo, Navigation System Overhead Console Power Brakes Power Door Locks Power Steering Power Windows Rear View Camera Rear Window Defroster Rear Window Wiper/Washer Reverse Sensing System Side Airbags Sirius Satellite Radio Split Folding Rear Seat Stability oom$uvponvn ntrg Wheel Radio Control Tachometer Tilt a Telescopic Steer Tinted Glass Tire Pressure Monitor Tonnoov/CumoCovor Traction Control System Trip Computer USo Audio Input Vo|ovr/C|omSnato ...... ...... _-___---_-__-_-__-_-____-] ���� . .. ` ...... ������` .`����������-����`������������������� Line on Guide MC oouonp^/nn mpn.pertwo. p,|vn xoJm om Hours o , s o Cover,Front Bumper 5211947917 $259.19 2.3 gm u L s `n Cuve,.pmntaumpe, Refinish 4.0 np ca 8umuco oo Two set 0511712013 09:25 AM Page 1 013 2012 Toyota Pfius Plug -ln 4 on Hatchback Claim fi : 05/17/2013 09:17 AM 0.6 Two -stage 3 E 21 Reint,Front Bumper 5202147012 $255.15 INC SM Aluminum 4 E 11 Supt,Frt Bumper Cover LT 5211647040 $42.84 INC SM 5 E 12 Supt,Frt Bumper Cover RT 5211547040 $42.84 0.2 SM 6 E 32 Grille,Frt Bumper Lwr 5311247040 $74.73 INC SM 7 E 23 Seal,Front Bumper 5339547020 $19.88 INC SM 8 E 1547 Harness,Froni Bumper 8211347050 $104.93 INC SM 9 E 45 Cover,Front Spoiler 7685147030 $152.97 INC SM 10 E 19 Hook,Front Bumper Tow LT 5196150040 $52.67 SM 11 E 419 Brkt,Front Lic Plate 5211447070 $68.30 0.2 SM 12 E 22 Absorber,Front Bumper 5261147050 $54.42 INC SM 13 E 100 Grille Assembly 5311147020 $136.20 INC SM 14 E 30 Emblem,Grille 7531047010 $48.53 0.2 SM 15 N 973 Headlamps Aim Additional Labor 0.4 SM 16 E 41 Lens,Headlamp LT 8117047212 $316.73 INC SM 17 E 9 Lamp Assembly,Fog LT 812200DO42 $163.08 INC SM 18 E 83 Panel,Hood 5330147050 $292.07 1.1 SM Aluminum 19 L 83 Panel,Hood Refinish 4.3 RF 2.7 Surface 1.1 Edge 0.5 Two -stage 20 E 84 Hinge,Hood Panel LT 5342047070 $31.38 0.4 SM 21 L 84 Hinge,Hood Panel LT Refinish 0.3 RF 0.3 Surface 22 E 85 Hinge,Hood Panel RT 5341047070 $31,38 0.4 SM 23 L 85 Hinge,Hood Panel RT Refinish 0.3 RF 0.3 Surface 24 E 73 07 Panel Assembly,Rad Sup 5320147902 $658.45 14.1 SM 25 L 73 Panel Assembly,Rad Sup Refinish 1.5 RF 1.5 Surface 26 E 131 Cover,Rad Supt Panel 5328947032 $68.96 INC SM 27 E 755 Radiator 1640037230 $423.84 1.0 SM 28 N 977 A/C Evacuate & Recharg Additional Labor INC ME 29 N 987 A/C Evac Rechrg & Rcvr Additional Labor 1.8 ME 30 E 667 Condenser Assy,A /C 8846047150 $741.72 0.4 ME 31 E 103 Fender,Front LT 5380247070 $225.42 1.0 SM 32 L 103 Fender,Front LT Refinish 218 RF 1.9 Surface 0.5 Edge 0.4 Two -stage 33 1 104 Fender,Front RT Repair 4.0' SM 34 L 104 Fender,Front RT Refinish 2.3 RF 1.9 Surface 0.4 Two -stage 35 E 1479 Nameplate,Fender LT 7538547010 $26.32 0.2 SM 36 E 139 Label,Fender LT 7457347020 $1.09 0.1 SM 37 E 129 Skirt,lnner Fender LT 5387647030 $96.40 INC SM 38 E 108 Reservoir,W /S Washer 8531547090 $67.29 0.3 SM 39 N M17 Cover Car Exterior Additional Labor $5.00` 0.2' RF 40 N M60 Hazardous Waste Removal Additional Labor $15.00' SM 40 Items MC Message 07 STRUCTURAL PART AS IDENTIFIED BY I -CAR 13 INCLUDES 0.6 HOURS FIRST PANEL TWO -STAGE ALLOWANCE { Estimate Total & Entries Gross Parts $4,456.78 Other Parts $20.00 Paint Materials $408.20 Parts & Material Total $4,884.98 Tax on Parts & Material @ 6.000% $293.10 Labor Rate Replace Hrs Repair Hrs Total Hrs Sheet Metal (SM) $48.00 21.5 4.4 25.9 $1,243.20 Mech(Elec (ME) $75.00 0.4 1.8 2.2 $165,00 0511 09:25 AM Page 2 of 3 2012 Toyota Prius Plug-In 4 DR Hatchback claim 4 : 05/1 71201 3 09:17 AM Frame (FR) $60.00 Refinish (RF) $48.00 15.5 0.2 157 $753.60 Paint Materials $26.00 Labor Total 43.8 Hours $2,16130 Gross Total $7,339.88 Net Total $7,339.88 Alternate Parts Y /00 /00 /00 /00 /00 CUM 00 100 /00 /00 /00 Zip Code: 17057 Default Audatex Estimating 6.0.459 ES 05/1712013 09:25 AM REL 6.0.459 DT 04/0112013 Copyright (C) 2009 Audatex North America, Inc. 2.5 HRS WERE ADDED TO THIS ESTIMATE BASED ON AUDATEX'S TWO -STAGE REFINISH FORMULA. Op Codes = User - Entered Value E = Replace OEM NG = Replace NAGS EC = Replace Economy OE= Replace PXN OE Srpis UE = Replace OE Surplus ET = Partial Replace Labor EP = Replace PXN EU = Replace Recycled TE = Partial Replace Price PM= Replace PXN Reman /Reblt UM= Replace Roman /Rebuilt L = Refinish PC= Replace PXN Reconditioned UC = Replace Reconditioned TT = Two -Tone SB = Sublet Repair N = Additional Labor BR= Blend Refinish I = Repair IT = Partial Repair CG= Chipguard RI = R & I Assembly P = Check AA = Appearance Allowance RP= Related Prior Damage This report contains proprietary information of Audatex and may not be disclosed to any third party (other than the �-( insured, claimant and others on a need to know basis in order to effectuate the claims process) without Audatex's w u i,f at.n. p V prior written consent. a Sulete compa/iy Copyright (C) 2009 Audatex North America, Inc. Audatex Estimating is a trademark of Audatex North America, Inc. 05117/2013 09:25 AM Page 3 of 3 l EXHIBIT D R H & S Towing Service, Inc. Invoice 4180 Chambers Hill Road DATE INVOICE # Harrisburg, PA 17111 5/10/2013 100177 Phone: (717)671-9941. Fax: (717)671 -9943 BILL TO Barbush Rentals, Inc. (Avis) 1885 West Harrisburg Pike Middletown, Pa 17057 P.O_ NO. TERMS 561535295 ITEM QUANTITY DESCRIPTION RATE AMOUNT Towing Towed White 'Toyota Prius from Route 230 at 85.00 85.00 CVS to Avis, unit had crushed front end 6.00% 0.00 tyler Total $85.00 All charges are due within 30 days of the billing date. A 1 1/2% Per month (18% Per Annum) late payment penalty will be imposed on amounts not paid when due. I acknowledge receipt of a copy of this agreement. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .����tr sit �a�aitt��rl,r} Jody S Smith P r l A PEIC 2 ��r' c `1 Chief Deputy Richard W Stewart idMB kLA Solicitor :, ry PEW,S Y I v'�,P�i Barbush Rentals, Inc. Case Number vs. Arash Hama 2013-7323 SHERIFF'S RETURN OF SERVICE 12/19/2013 11:11 AM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Farook Abduqabir, Father, who accepted as"Adult Person in Charge"for Arash Hama at 5206 Deerfield Avenue, Hampden, Mechcanicsburg, PA 17050. Ic BRIAN GRZ 07Lfty SHERIFF COST: $39.76 SO ANSWERS, Ky�,--, X. 2x��� December 20, 2013 RONNY R ANDERSON, SHERIFF tiO fHoN0 °r: 2014J,ANI3 PI9z: 39 C PENN AND COUNTY ��NNSYLYANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION BARBUSH RENTALS, INC., • Case No: 2013-7323 Plaintiff, • • v. : Civil Action • ARASH HAMA, • Jury Trial Demanded Defendant. • PRAECIPE FOR ENTRY OF APPEARANCE ON BEHALF OF DEFENDANT TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, • ash . • .l a, in the above matter. Date: January /0 , 2014 an K. Ston•,," Law Offices of Ethan K. Stone, LLC ID# 205458 3400 Trindle Road Camp Hill, PA 17011 (717) 220-352 Attorney for Defendant Arash Hama 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION BARBUSH RENTALS, INC., • Case No: 2013-7323 • Plaintiff, • v. • Civil Action ARASH HAMA, • Jury Trial Demanded Defendant. : CERTIFICATE OF SERVICE I, Ethan K. Stone, Esquire, of the Law Offices of Ethan K. Stone, LLC, attorneys for Plaintiffs, do hereby certify that I am this day serving a true and correct copy of the forgoing Praecipe for Entry of Appearance on Behalf of Plaintiffs upon the parties by United States Mail, First Class, postage prepaid and addressed as follows: Todd F. Truntz, Esquire Saidiss, Sullivan& Rogers 635 North 12th Street, Suite 400 Lemoyne, PA 17043 (717) 612-5800 ttruntz @ssr-attorneys.com Attorney for Plaintiff Barbush Rentals, Inc. LA FFICES JAW N K. STONE,LLC Date: January /0 , 2014 // __&-_, an K. Ston, 4gto I.D. # 205458 Attorney for Plaintiffs 3400 Trindle Road Camp Hill, PA 17011 (717) 220-3529 2 2014 FEB - P11 2. 5 CUMBERLAND� COUNTY VAN1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION BARBUSH RENTALS, INC., Case No: 2013-7323 Plaintiff, V. Civil Action ARASH HAMA, Defendant. DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Filed on Behalf of Defendant Counsel of Record for this Party: ETHAN K. STONE, Esq. PA I.D.# 205458 Law Offices of Ethan K. Stone, LLC 3400 Trindle Road Camp Hill, PA 17011 (717) 220-3529 JURY TRIAL DEMANDED 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION BARBUSH RENTALS, INC., Case No: 2013-7323 Plaintiff, V. Civil Action ARASH HAMA, Defendant Jury Trial Demanded Notice to Plead TO: Plaintiff, Barbush Rentals, Inc. c/o Todd F. Truntz, Esquire You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you THAN K. , Es PA I.D.# 205 Law Offices of Ethan K. Stone, LLC 3400 Trindle Road Camp Hill, PA 17011 (717) 220-3529 z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION BARBUSH RENTALS, INC., Case No: 2013-7323 Plaintiff, V. Civil Action ARASH HAMA, Defendant. Jury Trial Demanded DEFENDANT'S ANSWER AND NEW'MATTER TO PLAINTIFF'S COMPLAINT AND NOW,this day of February, 2014, comes the Defendant, Arash Hama, by and through his attorneys, Ethan K. Stone, Esquire and the Law Offices of Ethan K. Stone, LLC, and files this Answer and New Matter to Plaintiff s Complaint, and in support thereof avers the following: ANSWER TO COMPLAINT 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in said paragraph and strict proof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Defendant signed Rental Agreement Number 561535295 prior to accepting delivery of the Vehicle. It is specifically denied that Rental Agreement Number 561535295 contained the agreed upon terms and conditions of 3 Defendant's rental of the Vehicle and strict proof to the contrary is demanded at trial. To the contrary, Defendant specifically requested property damage coverage for the Vehicle prior to rental. Defendant reasonably believed that after making said request, which request was acknowledged by Plaintiff's employee, that said request was contained in the Rental Agreement. Defendant was instructed to sign and initial and none of the paragraphs in the Rental Agreement were discussed or explained in any manor to Defendant by Plaintiff's employees. Further, despite said request for property damage coverage by Defendant, Plaintiff's employees did not convey at any time that said coverage would not be provided and did not confirm whether or not Defendant's own personal insurance policy provided for said coverage which would have protected Plaintiff's interests. The remainder of paragraph 4 contains conclusions of law to which no reply is necessary and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. 5. Admitted in part, denied in part. It is admitted that Defendant signed Rental Agreement Number 561535295. It is specifically denied that Defendant's signature is his acknowledgment of receipt and agreement to the terms of the "Rental Jacket" or the Rental Agreement Number 561535295 and strict proof to the contrary is demanded at trial. To the contrary, Defendant specifically requested property damage coverage for the Vehicle prior to rental. Defendant reasonably believed that after making said request, which request was acknowledged by Plaintiff's employee, that said request was contained in the Rental Agreement. Defendant was instructed to sign and initial and none of the paragraphs in the Rental Agreement were discussed or explained in any manor to Defendant by Plaintiff's employees. Further, despite said request for 4 property damage coverage by Defendant, Plaintiff's employees did not convey at any time that said coverage would not be provided and did not confirm whether or not Defendant's own personal insurance policy provided for said coverage which would have protected Plaintiff's interests. The remainder of paragraph 5 contains conclusions of law to which no reply is necessary and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. Count I: Breach of Contract 6. Paragraphs 1 through 5 of Plaintiff's Answer are hereby incorporated by reference. 7. Admitted in part and denied in part. It is admitted that Plaintiff delivered the Vehicle to Defendant on May 10, 2013. The remainder of paragraph 7 contains conclusions of law to which no reply is necessary and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. 8. Admitted in part and denied in part. It is admitted that an accident occurred while the Vehicle was in the possession of Defendant. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in said paragraph and therefor the same are denied. By way of further response, Plaintiff has produced only an estimate and the actual damage repair bill constituting the repair costs has not been provided. Further, evidence of payment of any such bill has not been produced. Further, Plaintiff's employees failed to inspect the Vehicle for preexisting damages prior to Defendant taking possession of the Vehicle. The amount and severity of any preexisting damage has not been determined. Strict proof to the contrary is demanded at trial. 5 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in said paragraph and strict proof is demanded at the time of trial. 10. Paragraph 10 contains conclusions of law to which no reply is necessary and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. By way of further response, it is specifically denied that that Defendant is responsible for payment for all loss or damage to the Vehicle regardless of cause, or who caused the loss and strict proof to the contrary is demanded at the time of trial. To the contrary, Defendant specifically requested property damage coverage for the Vehicle prior to rental. Defendant reasonably believed that after making said request, which request was acknowledged by Plaintiff's employee, that said request was contained in the Rental Agreement. Defendant was instructed to sign and initial and none of the paragraphs or sections in the Rental Agreement were discussed or explained in any manor to Defendant by Plaintiff s employees. Further, despite said request for property damage coverage, Plaintiff s employees did not convey at any time that said coverage would not be provided and did not confirm whether or not Defendant's own personal insurance policy provided for said coverage which would have protected Plaintiff s interests. The remainder of paragraph 10 contains conclusions of law to which no reply is necessary and therefore-the same are deemed denied and strict proof to the contrary is demanded at trial. 11. Paragraph 11 contains conclusions of law to which no reply is necessary and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. By way 6 of further response, it is specifically denied that that Defendant affirmatively declined to purchase a LDW from Barbush and Defendant must now pay damages. Strict proof to the contrary is demanded at the time of trial. By way of further'response, Defendant specifically requested property damage coverage for the Vehicle prior to rental. Defendant reasonably believed that after making said request, which request was acknowledged by Plaintiff's employee, that said request was contained in the Rental Agreement. Defendant was instructed to sign and initial and none of the paragraphs or sections in the Rental Agreement were discussed or explained in any manor to Defendant by Plaintiff's employees. Further, despite said request for property damage coverage, Plaintiff's employees did not convey at any time that said coverage would not be provided and did not confirm whether or not Defendant's own personal insurance policy provided for said coverage which would have protected Plaintiff's interests. The remainder of paragraph 11 contains conclusions of law to which no reply is necessary and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. 12. Paragraph 12 contains conclusions of law to which no reply is necessary and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. By way of further response, it is specifically denied that Defendant waived property damage coverage or agreed to pay Plaintiff for loss of use of the Vehicle, administrative fees, towing, and storage and strict proof to the contrary is demanded at trial. To the contrary, Defendant specifically requested property damage coverage for the Vehicle prior to rental. Defendant reasonably believed that after making said request, which request was acknowledged by Plaintiff s employee,that said request was contained in the Rental Agreement. Defendant was instructed to sign and initial and none of the paragraphs in the Rental Agreement were discussed or explained in any manor to Defendant by Plaintiff's employees.Further, despite said request for property damage coverage by Defendant, Plaintiff s employees did not convey at any time that said coverage would not be provided and did not confirm whether or not Defendant's own personal insurance policy provided for said coverage which would have protected Plaintiff's interests. The remainder of paragraph 12 contains conclusions of law to which no reply is necessary and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. 13. Admitted in part and denied in part. It is admitted that Defendant has not remitted payment to Plaintiff. It is specifically denied that Defendant was required to remit payment for damages to the Vehicle and strict proof to the contrary is demanded at trial. To the contrary, Defendant specifically requested property damage coverage for the Vehicle prior to rental. Defendant reasonably believed that after making said request, which request was acknowledged by Plaintiff's employee, that said request was contained in the Rental Agreement. Defendant was where instructed to sign and initial and none of the paragraphs in the Rental Agreement were discussed or explained in any manor to Defendant by Plaintiff's employees. Further, despite said request for property damage coverage by Defendant, Plaintiff's employees did not convey at any time that said coverage would not be provided and did not confirm whether or not Defendant's own personal insurance policy provided for said coverage which would have protected Plaintiff's interests. The remainder of paragraph 13 contains conclusions of law to which no reply is necessary 8 and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. 14. Paragraph 14 contains conclusions of law to which no reply is necessary and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. By way of further response it is specifically denied that Defendant waived property damage coverage or agreed to pay reasonable attorney's fees and interest at the legal rate and strict proof to the contrary is demanded at trial. To the contrary, Defendant specifically requested property damage coverage for the Vehicle prior to rental. Defendant reasonably believed that after making said request, which request was,acknowledged by Plaintiff s employee, that said request was contained in the Rental Agreement. Defendant was instructed to sign and initial and none of the paragraphs in the Rental Agreement were discussed or explained in any manor to Defendant by Plaintiff s employees. Further, despite said request for property damage coverage by Defendant, Plaintiff s employees did not convey at any time that said coverage would not be provided and did not confirm whether or not Defendant's own personal insurance policy provided for said coverage which would have protected Plaintiff s interests. The remainder of paragraph 14 contains conclusions of law to which no reply is necessary and therefore the same are deemed denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiff, and award attorney's fees and costs and such other and further relief as deemed appropriate by the Court. 9 NEW MATTER 15. Defendant requested property damage coverage for the rented vehicle, as he always did when renting a vehicle. Plaintiff, by and through its employees, acknowledged said request and Defendant reasonably believed property damage coverage was included in the Rental Agreement. Defendant would not have accepted said Rental Agreement otherwise. 16. Despite Defendant's request for property damage coverage, Plaintiff, by and through its employees, failed to disclose to Defendant that the requested property damage coverage was not included in the Rental Agreement. 16. Plaintiff and Defendant did not have a mutual understanding of the material terms of the Rental Agreement and therefore the Rental Agreement is void. 17. Plaintiff and Defendant were mutually mistaken as to the terms of the Rental Agreement due to the language barrier which existed between the parties. 18. Plaintiff, either did not understand or did not care to understand the requests made by Defendant due to Defendant's race, accent and communication barriers and therefore agreement upon the terms of the Rental Agreement was not achieved and is therefore void. Plaintiff now seeks to benefit from said Plaintiff's haste, mistake, confusion and/or misunderstanding. 19. Plaintiff, due to Defendant's race and accent and communication barriers between the parties, failed to incorporate the terms requested by Defendant into the Rental Agreement. 20. Plaintiff, due to Defendant's race and accent and communication barriers between the parties, failed to reasonably explain or instruct Defendant on the terms of the Rental 10 Agreement. 21. Plaintiff was in the superior position to understand and explain the terms of the Rental Agreement and failed to do the same to the detriment of the weaker, less knowledgeable party to the negotiation, Defendant. 22. Plaintiff's claims are barred because Plaintiff breached the covenant of good faith and fair dealing implicit in all contracts by failing to make disclosures Plaintiff knew or should have known Defendant reasonably believed were terms of the Rental Agreement. 23. The terms of the Rental Agreement were vague, misleading, and/or unclear and therefore not agreed upon by the parties. 24. Plaintiff failed to state a claim for which relief may be granted. 25. Plaintiff failed to appropriately measure and calculate damages and have failed to aver the same. 26. Plaintiff failed to mitigate his damages. Date: February�, 2014 an K. Stone, Esqu Law Offices of Etha ne, LLC ID# 205458 3400 Trindle Road Camp Hill, PA 17011 (717) 220-352 Attorney for Defendant Arash Hama 11 VERIFICATION I verify that the statements made in this Answer and New Matter are based upon information which has been furnished to counsel by me and information which has been c gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied upon my counsel in making this verification. I understand that false statements herein are made subject to penalties of 18 PA C.S. §4904, relating to unsworn falsification to authorities. Date Name IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION BARBUSH RENTALS, INC., Case No: 2013-7323 Plaintiff, V. Civil Action ARASH HAMA, Defendant. Jury Trial Demanded CERTIFICATE OF SERVICE I, Ethan K. Stone, Esquire, of the Law Offices of Ethan K. Stone, LLC, attorneys for Defendant, do hereby certify that I am this day serving a true and correct copy of the forgoing Defendant's Answer and New Matter to Plaintiff s Complaint upon the parties by United States Mail, First Class, postage prepaid and addressed as follows: Todd F. Truntz, Esquire Saidiss, Sullivan& Rogers 635 North 12th Street, Suite 400 Lemoyne, PA 17043 (717) 612-5800 ttruntz@ssr-attorney s� com Attorney for Plaintiff Barbush Rentals, Inc. ' l OFF S OF E HAN K. STONE, LLC Date: February `1 , 2014 Ethan K. one ire I.D. # 205458 Attorney for Plaintiffs 3400 Trindle Road Camp Hill, PA 17011 (717) 220-3529 12 LED-OFFICE OF THE PROTHONOTARY i SAIDIS SULLIVAN &ROGERS 2QJI FEB 20 PH '1., 1 7 Todd F. Truntz, Esquire Identification No. 83302 CUMBERLAND COUNTY 635 North 12th Street, Suite 400 PENNSYLVANIA Lemoyne, PA 17043 (717) 612-5800 ttruntz@ssr-attornevs.com BARBUSH RENTALS, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 2013-7323 ARASH HAMA, Defendant : CIVIL ACTION—LAW PLAINTIFF'S RESPONSE TO NEW MATTER NOW, COMES the Plaintiff, Barbush Rentals, Inc., by and through its attorneys, Saidis, Sullivan & Rogers, P.C., and files the following Response to Defendant's New Matter: 1-14. Paragraphs 1 through 14 of Plaintiffs Complaint are incorporated herein by this reference as if fully set forth at length below. NEW MATTER 15. Denied. Plaintiff offered Defendant "Optional Products/Services," which included optional insurance coverage for the Vehicle at an additional cost. Optional insurance coverage made available to Defendant included a Loss Damage Waiver, Personal Accident Insurance, and Additional Liability Insurance. Defendant affirmatively declined optional insurance coverage by initialing the . appropriate provision of Rental Agreement No. 561535295 (the "Rental Agreement") declining the optional insurance coverage that had been offered by Plaintiff. 16. Denied. The provision of the Rental Agreement offering optional insurance coverage is entitled "Optional Products/Services." Defendant affirmatively declined optional insurance coverage by initialing the specific provision of the Rental Agreement indicating his understanding and intent to decline the optional insurance offered by Plaintiff. 16. [sic] Denied. Paragraph 16 sets forth conclusions of law to which no responsive pleading is required; therefore, Paragraph 16 is denied. By way of further response, Defendant affirmatively declined optional insurance coverage offered by Plaintiff by initialing the specific provision of the Rental Agreement indicating his understanding and intent to decline the optional insurance offered by Plaintiff. 17. Denied. Plaintiff lacks knowledge or information sufficient to form a belief about the truth of the allegations set forth in Paragraph 17, therefore Paragraph 17 is denied. Strict proof is demanded at trial. By way of further response, Plaintiff explained the Rental Agreement to Defendant, Defendant signed and initialed the Rental Agreement, and Defendant accepted delivery of the Vehicle. Accordingly, Plaintiff had no reason to believe that Defendant did not understand the Rental Agreement or that he disagreed with its terms. 18. Denied. Plaintiff offered Defendant optional insurance coverage at the time Defendant rented the Vehicle, which Defendant affirmatively declined by 2 initialing the specific provision of the Rental Agreement indicating his understanding and intent to decline the optional insurance offered by Plaintiff. Plaintiff had no basis to assume that Defendant could not, or did not, understand the Rental Agreement simply based on Defendant's race or language accent. Defendant made no communication to Plaintiff that he did not understand the Rental Agreement or the English language, and Plaintiff had no reason to conclude that he did not understand the transaction. 19. Denied. Plaintiff offered Defendant optional insurance coverage at the time Defendant rented the Vehicle, which Defendant affirmatively declined by initialing a specific provision of the Rental Agreement indicating his understanding and intent to decline the optional insurance offered by Plaintiff. Plaintiff had no basis to assume that Defendant could not, or did not, understand the Rental Agreement simply based on Defendant's race or language accent. Defendant made no communication to Plaintiff that he did not understand the Rental Agreement or the English language, and Plaintiff had no reason to conclude that he did not understand the transaction. 20. Denied. Plaintiff explained the Rental Agreement to Defendant, Defendant signed and initialed the Rental Agreement, and Defendant accepted delivery of the Vehicle. Accordingly, Plaintiff had no reason to believe that ,Defendant did not understand the Rental Agreement or that he disagreed with its terms. Plaintiff had no basis to assume that Defendant could not, or did not, understand the Rental Agreement simply based on Defendant's race or language 3 accent. Defendant made no communication to Plaintiff that he did not understand the Rental Agreement or the English language, and Plaintiff had no reason to conclude that he did not understand the transaction. 21. Denied. Plaintiff explained the Rental Agreement to Defendant, Defendant signed and initialed the Rental Agreement, and accepted delivery of the Vehicle. Accordingly, Plaintiff had no reason to believe that Defendant did not understand the Rental Agreement or that he disagreed with its terms. 22. Denied. Paragraph 22 sets forth conclusions of law to which no responsive pleading is required; therefore, Paragraph 22 is denied. By way of further response, Plaintiff offered Defendant optional insurance coverage at the time Defendant rented the Vehicle, which Defendant affirmatively declined by initialing a specific provision of the Rental Agreement indicating his understanding and intent to decline the optional insurance offered by Plaintiff. 23. Denied. Paragraph 23 sets forth conclusions of law to which no responsive pleading is required; therefore, Paragraph 23 is denied. Plaintiff explained the Rental Agreement to Defendant, Defendant signed and initialed the Rental Agreement, and Defendant accepted delivery of the Vehicle. Accordingly, Plaintiff had no reason to believe that Defendant did not understand the Rental Agreement or that he disagreed with its terms. 24. Denied. Paragraph 24 sets forth conclusions of law to which no responsive pleading is required; therefore, Paragraph 24 is denied. 4 25. Denied. Paragraph 25 sets forth conclusions of law to which no responsive pleading is required; therefore, Paragraph 25 is denied. 26. Denied. Paragraph 26 sets forth conclusions of law to which no responsive pleading is required; therefore, Paragraph 26 is denied. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against Defendant in the amount of$7,424.88, plus damages for loss of use of the Vehicle, administrative fees, towing and storage costs, reasonable attorney's fees, and interest at the legal rate. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: February 20, 2014 BY: Todd F. Truntz, Esquire Identification No. 83302 635 N. 12th Street, Suite 400 Lemoyne, Pa, 17043 (717)-612-5800 Attorneys for Plaintiff, Barbush Rentals, Inc. 5 VERIFICATION I, ROBERT DANIEL BARBUSH, President of Barbush Rentals, Inc., declare that I am authorized to make this Verification on its behalf and hereby verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Dated: 12404191 4'08°4 __ Alr Arm-4 a Robert Daniel Barbush • CERTIFICATE OF SERVICE I, Todd F. Truntz, Esquire, attorney for Plaintiff Barbush Rentals, Inc., hereby certify that I have served the foregoing pleading upon counsel of record via First Class U.S. Mail addressed as follows: Ethan K. Stone, Esquire The Law Offices of Ethan K. Stone 3400 Trindle Road 1st Floor Front Camp Hill, PA 17011 SAIDIS SULLIVAN & ROGERS BY`��� Todd F. Truntz Dated: February 20, 2014 6