Loading...
HomeMy WebLinkAbout05-6293IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KLICK-LEWIS, INC., Plaintiff DAVID J. THOMAS, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone: 717 249-3166 or 1-800-990-9108 McNEES WALLACE & NURICK LLC .~/`" BY~ /` awrence R. Wieder I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Klick-Lewis, Inc. Dated: December ~i , 2005 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KLICK-LEWIS, INC., Plaintiff v. No. as - ~~93 C~u~(,~~-L DAVID J. THOMAS, Defendant COMPLAINT 1. Plaintiff, Klick-Lewis, Inc. is a Pennsylvania business corporation, with its principal place of business at 720 E. Main Street, Palmyra, PA 17078. 2. Defendant, David J. Thomas is an adult individual, residing at 1540 Waterford Road, Camp Hill, PA 17011. 3. Plaintiff is in the business of selling new and used vehicles. 4. On July 28, 2005, Defendant placed an Order for the purchase of a new, 2005, Chevrolet Corvette (the "Vehicle"), which was not on Plaintiffs lot, but was to be delivered from the manufacturer. 5. Pursuant to ¶ 4, on July 28, 2005, Defendant entered into a written contract (the "Contract") with the Plaintiff. A true and correct copy of the Contract is attached as Exhibit "A". 6. On that same date, Defendant executed a Promissory Note (the "Note"), to pay the Defendant, the sum of Sixty Three Thousand, Six Hundred and Ninety-Four Dollars and Ten Cents ($63,694.10) for the Vehicle. A true and correct copy of the Note is attached as Exhibit "B". 7. By its terms, the Note was required to be paid in full by August 8, 2005. 8. In reliance upon the Contract and the Note, Plaintiff executed a PennDOT form MV-1, which served to allow Defendant to apply for title to the Vehicle in his name. A true and correct copy of the MV-1 is attached as Exhibit "C". 9. Defendant signed the MV-1, applying for title to the Vehicle in his name. 10. In reliance upon the Contract, the Note, and Defendant's signature on the PennDOT form MV-1 applying for title, Plaintiff forwarded the MV-1 to PennDOT. 11. On information and belief, PennDOT issued Defendant, the title to the Vehicle. 12. Despite demand by Plaintiff, Defendant has failed to pay the Note. 13. Despite demand by Plaintiff, Defendant has failed to re-assign the title to the Vehicle over to the Plaintiff, so that could resell the Vehicle and mitigate its loss. 14. Defendant did not take delivery of the Vehicle, which remains on Plaintiffs premises. COUNT I -Breach of Contract 15. Paragraphs 1-14 are incorporated by reference as if fully set forth at length. 16. Defendant signed the requisite documents evidencing his purchase of the Vehicle. 17. Plaintiff signed the PennDOT document transferring title to the Vehicle to Defendant. 18. Defendant signed the PennDOT document requesting the PennDOT transfer title to him. 2 19. The agreed upon Contract price of the Vehicle was Sixty Three Thousand, Six Hundred and Ninety-Four Dollars and Ten Cents ($63,694.10). 20. Defendant has failed to pay the Plaintiff the amount agreed upon under the Contract. 21. Defendant owes the Plaintiff, Sixty-Three Thousand, Six Hundred and Ninety-Four Dollars and Ten Cents ($63,694.10). 22. Plaintiff has suffered a loss in that it transferred title to the Vehicle to Defendant, but has not been paid for the Vehicle. WHEREFORE, Plaintiff requests the Court enter judgment in its favor and against Defendant, in the amount of Sixty Three Thousand, Six Hundred and Ninety- Four Dollars and Ten Cents ($63,694.10). COUNT II -Equitable Relief 23. Paragraphs 1-22 are incorporated by reference as if fully set forth at length. 24. Defendant did not take possession of the Vehicle. 25. The Vehicle remains on Plaintiff's premises. 26. Plaintiff seeks to mitigate its damages by having the title to the Vehicle reassigned to Plaintiff, so that it may re-sell the Vehicle. 27. If the title is reassigned, Plaintiff will re-sell the Vehicle and if it suffers a monetary loss, will modify the judgment entered pursuant to Count I. 28. Plaintiff reasonably expects to suffer a monetary loss as under Pennsylvania law, the Vehicle can no longer be sold as "new." 3 29. Plaintiff reasonably expects to suffer a monetary loss as the Vehicle is now one model year older than it was at the time of sale. WHEREFORE, Plaintiff requests the Court enter an Order requiring Defendant to reassign the title to the Vehicle to the Plaintiff and to execute all documents necessary to effectuate that transfer. The Order may further provide that if the Vehicle is re-sold for an amount less than the Contract price, Plaintiff must amend the judgment to reflect the lesser amount of damages. Respectfully submitted, McNEES WALLACE & NURICK LLC Lawrence R. Wieder I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Klick-Lewis, Inc. s-` Dated: December ~ , 2005 4 zo•a Zvzos 12/01/2005 11:59 FAX 717 237 5300 MCNEES &ALLACE & NURICK VERIFICATION 11003/003 I, Ron Urich, General Sales Manager.af Klick-Lewis, Inc. a corporation, Plaintiff in the within action, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein aro made subject to the penalties of 18 Pa.C.S. §4904, relating Io unswom falsification to authorities. `~ _ __ , /~'~~; I Ron Urich ~~ Dated: December 2005 ZO'd T9L98EBLTL SIM3'1 A~I'IN 90~5I 9002-90-03Q NNAE DAVID ~ THOMAS l]r~v-rrR~ 720 E. Main Street arREeT ~nR [~~IJ(~,7 Palmyra, PA. 17078 n,"TF zIP CITY CgMP FI I LL P ~ Phones: (717) 838-1353 or 7-800-222-1973 www.klicklewis.com PXONF PES, PHONE BUS. 717-^c15-6689 - - DATE STOCK NO E,axfe exru ur pepm.oa rxe rn.La.nxa rSNEW er ^U6ED ^PgOGRAN ^CRP ^TRUCK PRIOR - ~ / /~ ~ C'iU / \ O 1.1 T USE', vR MAKE MODEL TYPE SELLING PRICE OF VEHICLE LOLM TRIM WLE/.OE vlN PERSONAL CUSTOMIZATION SKESIMN TO6E DELIVERED ON OP APIXIT 1(EY Iq . 20 ~ e • ~~ vP. MANF MODEL TYPE WARRANTY TYPE SUBTOTAL 60@i@ @ O OR PIM MILEAGE . L C T wN I FACTORY REBATE T[rLE NO PIATF Iq E%P ORTE N . r TrMa uwrroam iedess 6WrcB GcaJ 9prte Pm Tu w~ln wma • • NAME OF AGENT .HLNE N GARP,EP tUME CASH PRICE 6@@1@. Poucv NUMaEP vERIPIED DV LESS TRADE N e• ~ FACTORY WARRANTY ~ The latlpry warrant' cron311Wles all OI ule wa,rent'ws with respect b the sale pl vas feMltems ller Mreb The f l l i 04 v ll lM BALANCE $ALE$ TAX ~ 60@1@. 16~@• 0 , e y exproas y a warranl sc ns a ec, a ar expressed or implied mclutling any Implbd warranty di merMenteGPly or Illness for a pedlculer purpose, end the setler neNhe, eas,ma np~au0edxes any olMr pereon l0 assume twkany liabifly In COnroclion with PA, TRANS. ASSISTANCE TAX ma agile pt Ihlp hemHlems' ^ USED CAR WARq ANTV .The used wr is cwe,ed W a tlmlled wananry, tlalaJetl n e seperole dow TITLE FEE nroM_ ^ AS IS~This raptor vehicle is feld'A515'wtlhoutalry warranty e,lher exprosaedorlmpiled. The pur LIEN FEE C1189ef WII heir hIB en1111 axp0n9e OI repellln9 Or COfreCling a,ly delBCl Thal pl95anly aMal6 Or Inal I may caar:,m~cM. h ~ ~ ~ PLATE FEE PuflcHASER•.ys C /-- y SIGNATURE x REGISTRATION /TRANSFER FEE It you cancel this purchase agreement or refuse to take delivery of the vehi- DOCUMENTARY FEE cle orderetl, except as permitted by law, you shall, at our option, forfeit as damages the amount of $ $UB TOTAL slcNAiuaeR DEPOSIT ON ORDER wAxwem nmaW,:w,aM.hp.. In In. mw. cl.a.e. Purchaser agrees that this ortlar includes ell of the terms and conditions here- of, that this order cancels and supersedes any prior agreement and as of the CASH ON DELIVERY date hereof comprises the complete and exclusive statement of the terms of agreement relating to [he subject matters covered hereby. This order shall SUB TOTAL not become binding until acceptstl by the dealer or his authorized repro- sentative. You, the buyer, may cancel this cbntracl and receive a full refund any time haters receipt of a copy of this contract signetl by an authorized dealer representative by giving written notice of caneellatlon to the dealer. Purchaser by his execution of this order acknowledges Ihat he PAYOFF ON TRADE AMOUNT FINANCED ADDmoNS DP OELETIONG has read its termsan nditi ntl h e ed a true copy of this ortlar. PURCMASEP'5 SIGNATUflEx pgTE / FINANCING ACCEPTED BV: DATE AMOUNT INSTITUTION L^(~C~H NR DEAIEP OR HISAI1TMOflIlEO PEPRESENTATIVE ADDRESS TERM s cu a 61iGUtl EHL LL stma~ 1j^T tg BTtTT 5002-ZT-J,DO k~~ ro•a zvso~. PROMISSORY NOTE [, ~~ ~ c~ J `~'lGMas , P~~MtSE TO PAY TO Kllcx~ LEWtS, [NC., THE AMOUNT •F $ ~~I. %/ . THE SA[D AMOUNT IS TO BC PA[D IN FULL BY ~~- ~ ~S [IW E UNDERSTAND THAT TH[S NOTE lS FOB A D0~} Pt3YME[VT :' ASSISTANCE AND IS iN ADDITION TO OU4I SECUEitIY - ~ - - AGREEMENT. THIS DOWN PAYMENT ASSISTANCE [5 FOK Ei ~'- YEARS MAKE C~,-e~, ~ [~1ODEL ~r~e vlr~ NUM~~v~ U~ S ~ 3_I ~ i o DATE ~~2~5~~ =.•: AMOUm ~6~,6 r~. io . DATE AMtJUNT DATE P,MOUNT _~ DATE AMOUNT AGREEMENT' SiGKED ~o DAY OE n~_- ~ ~`~5-- ~-- ER CO-3UYER MGR.'S f;PPROUFL 40'd LBE08EBLSL stma7 ~o~~}I et~ii ~ 9aoz-zi-iao X~y`~~ f C L Nt~. 7919125 www.dmvstate.pa.us M"I/-~ 9_p¢ I. TAX /FEES w MAKE OF VEHICLE VEH I C E IOE TI FI AT ION NUM V IW. IF TRACING L N C BE R I BOGY TYPE (SON, TK. ~ MODEL YEAR PURCHASE CFiEVRDL[T C ~ r p ~ E p ~ I i g E EL g E 1 L 'Tl f~ll[I RSE OF THIS COPY RE 1L~14r Y 54V4C@1V BL45.EFG.1 `~@5 i.UPI V PRICE (T@(~1QI.~I IZI ,. .. (see note m. mvsrse) '~ o GROSS VEHICLE WT. FUEL pINAAECHANIC p AUTHORIZED NOTARV PUBLIC.OR CERTIFIED LESS ~ 3 PA.TING INGPECTION MECHANIC (PRINT NAME] TRADE-IN ~' ^ DIESEL ^ ELECTRIC o CHECI(THE APPR_JPRIATE BLOCK IF THC yEHICLE IS TO BE USED OP wA3 FORMERLY USED AS A LMF/tlall NVe YNkAI Nid NQhh NGAA ~I SIDN HERE E TA%ABLE AMO GQILI 1 @ QQI TAXI) OR0.0 POLICE VEHICLE DF APPLICPBLE) ka VO kh Mkk xffiIAI W SKMAO AAO EIt i01 hbl0gibn hkE rk¢ME II SAImnFKe rortAa. UNT . B. LAST NAME fOR FULL BUSINESS NAME? FIRST NAME MIDDLE INITIAL DATE ACQUIRED: X fi!: I Ofi) SALES TAX 'x 6600 o0 THDMF;S DA4ID ,I I~pkw~p05 r c i5; f.ml •(Sae hale on reverse) . CO-PURCHASER DEALER ID NUMBER LESS TA% pF APPLICABLE) CREDIT = ~ STREET CITY STATE ZIP COUNry CODE I. e600 60 ao 1340 WATERFDRD CAMF' HILL RA 17011 'z ouEST^% . NOTE: If a co-purcheser other Than your spouse 6 listed and you wem the title tD be listed as "Joint Tenants Wth -: 1A. ExeAlnpNon Reason Right of Survlvorsnip" (On death of one owner, title goes to surviving owner,) CHECK HERE ~, Otherwise the title P£FEq To couNTV Cmtls (must bee , ill be issued as 'Tenants in Common' (On d f n fh i t I d d t hi /h t h i comes usnea oN ^vmber Immq tm 26or G) w ee o o e owner. n eres ecease owner goes s er O o e rs or gevsgsE slmE of 1R. E%EMPTION N0 estate.). - yFUw+coPV . NOTE: IF nE VEHIC..E IS TO BE USED AS A DAILV P"cMAI OR LEASED VEHILLE, LHECR THIS BLOCN ~ . IF BLOCK IS CHECNEp, COMPLETE AND A TfA01 FORM MV-IL. C. o ^ REFLECTS THE AMOUNT OF MILEAGE IN EXCESS ^ IS NOT THE ACTUAL MILEAGE OF ITS MECHANICAL LIMITS WARNING OD TER ODOMETER READING AL. (PTA) ND. : OME 4 £ DISCREPANCY WARNING: FEDERAL ANO STATE LAWS REQUIRE THAT YDU STATE THE MILEAGE IN CONNECTION TEMHS 2. ~ ~ WrrW THE TRANSFER OF OWNERSHIP. FAILURE TO COMPLETE OR PROVIDING P. FALSE ® TITLE "~• JO - STATEMENT MAV RESULT IN FMES ANp/OP IMPRISONMENT. _ - - - - - FEE D. IST LIEN DATE: @7{ ~.~/ OJ ~ IF NO LIEN, CHECK 2Np L)EN GATE'. ~ IF NO LIEN, OHECK© 3 ~ IST UENHOLDER 2ND UENHOLOER LIEN FEE D STREET STREET A. REGISTRATION OR ' ~ z CITY STATE LP CITY STATE ZIP PROGEGSING FEE FINANCIAL INSTITUTION NUMBER FINANCIAL INSTITUTION NUMBER Fee Exempt NumbeFaz IF THt515 AN ELT, CHECK HERE^ NOTE: RN IS REQUIRED IF THtS IS AN ELT, CHECK HERE NOTE: FIN IS REpU1RE0 assigned by the Bureau E~ MAKE OF VEHICLE VIN MODEL YEAR 5. pUPLICATE REG. FEE ~ 900Y NPE (SON, BUS, TK, EfG.) X DONDITION OF VEHICLE GOOp ^FAIR POOR NO. OF CARpS_ F S S ^B P~%SBNGER Pg55ENGEP TAXI^LIMOUSINE^SCS OL^Mg HER^ SEATING CAPACI L A N U TD CYCC RRE A ^YES ^NO B OR3E q TRANSFER [.@@ ^OVER 5.0 A MOTORCYCLE j P WER ^LESS ^9.p FEE w MOTOR DRIVEN OPERABLE r"Ay~ ^NQ MAX p'cSp NSSED ^ Z yES ^NO LJJ OPE~E 0 i- ~ M pUT 0MATIC yES ~ OE$IGNED/ALTER ^yES ^ ^ ^ EREASE F w NO TRAN 910 FOR ROAD USE E gg MOTOR HOME CHASSIS MFR: BODV MAKe e. g TRAILER & NUMBER OF pXLEBS qEO. REGISTERED GROSS WT. jINCLUDINO LOAD) FEE CEMENT BE OW L SUM OF GA WR'S: - UNLAQEN WC_(EMPTY) B. LICK TRACT REQ. REGIS TERED GROSS COMBINATION WT. GROSS COMBINATION WT. RATNG TOTAL PAID G' ORIGINAL PLATE / OhBCk One y TRANSFER OF PgEVIOIISLY ISSUED PUTE ~ TppN3FER 6 flENEWPI pF PtATE (ADD 1 THRU B) SBM One GMk ^ PLATE TO BE ISSUED SY BUREAU (PROOF OF INSURANCE H9FEH 6 REP4(FAENT OF PATE TRMISFfR OF PLATE S gEPIACEMEM CG ^ In TAfs Amount 4 J 629 1® MUST SE ATTACHED.) STICKER . EXCHAN T T¢E,Jry~(()~, P~FhF: ®B7 REASON FOR REPLACEMENT ^ GE PLA E TO BE . - ISSUED BV BUREAU TEMPORAPV PIJ TE ISSUED E%PIRES ^ LOST ^ STOLEN ^ DEFACED ^ NEVER REC'p (LOST IN MAIy ^ . Br Fuu AGENT wore TWI3 06 ~ PLATE WILL IXPIRE BO GAYS ~ Monm rear NOTE: It "NEVER RECEIVED" block is checked a Ilcant must com late Form MV-4q, PP P 4 FRDM DATE OF ISSUANCE.) ' TRANSFERRED FROM TITLE NO. VIN b~ ~~ ~, : °,-1 ivy y 'zyKass~l~~o ° SIGNATURE OF PER$ N F OM WHOM SIGN HERE RELATIONSHIP TO APPLICANT z PLATE I5 BEING TRANSFERREp (IF OTHER TEMP. PLATE NO. THAN pPPLICANTI: INSURANCE COMPANY NAME ENCDMF`ASS INDEMITY CO NAIL NO. POLICY ND. (OR aTrpcHBINpER)~[.1 ]4010 i POLICY f T V DATE 0Fe7Fe1~ )@v POLICY ~(PI I l /~~P~ . . , pATE d S ISSUING I CERTIFY THAT Orv MONTH OAY ~ yEgR `V ISSUI[NG,AGEN~fE015lT NgMEI gGENI NOV I IKL hL 11 ll..IISS LLGWW 1l `fib 11VL GJ AGENT I HAVE CHECKED TO DETERMINE THAT THE VEHI0.E IS INSURED AND INFORMATION ISSUED TEMPORARY REGISTRATION TO THE ABOVE APPUCPNT, IN ISSW NG AGENT > TELEPHONE N0 COMP I _, . L ANCE WITH ALL APPLICABLE PROVISIONS OF THE VEHICLE CODE ANO DEPARTMENT REGULATIONS ] 1 TBJ$-1353 ( H_ I/WE ACKNOWLEDGE THAT lM'E MAY LOSE MY/OUP OPERATING PRIVILEGE(S) OR VEWICLE REGISTRATION TO MAINTAIN FNANCIAL RESPONSIBILITY ON TWE CURRENTLY REGISTERED VEWICLE FOR THE PERIOD OF REGISTRATION, tM1YE FURTHER ACKNOWLEDGE THAT E MAY BE SUBJECT TO A FINE NOT E%CEEOING S5,D00 AND w IMPRISONMENT OF HOT MORE THAN TWO (2) VEAg3 FOR ANY FALSE STATEMENT THAT INlE MAKE ON IRIS APPLICATION, AND IIWE CERbFV THAT IIWE HAVE E%AMINEO G ED T' ' HNi FORM AFl AND H F SI ER ITS COMPL6TIpN~ AND T, IF AN E%E SIGN FROM PAWENT OF SALEB TAX IB CLAIMED, I AMIWE ARE 4UTHORQED TO CWM TNI6 EXEMPTON LAME . g SUBSCRIBED AND 6WORN '- FURTHER CERTFY THAT ALL 6TATEMENTS HEREIN ARf TRUE qN0 COflRECT qN0 MAKE APPLICATION DAV AT F L D CRIB q, ~o $IGNq R / ~~,~ DIVIDUAL R ER TELEPHONE N0. yr~ ~,c.~ / `. TU ~P° ~ ~ ' ' U q HSOR INI RINt3~0AT (:}(~. ~ d (,j -. ~j~j~ ~ ~ $ r ~~~~h~ SIGNATURE F NERRIT E 0 A ORIZE SIGNER A SIGN IN PR~FSE~ICE 91F NOTARY MESSENGER NUMBER: ZO'd LBEOBEBLTL ~ stmaZ ~D?IN ~ LItTi 5002-ZI-,LOO ~ ~ ~ w ,.. ,~ ~~ ,., ~. SHERIFF'S RETURN - REGULAR CASE NO: 2005-06293 P COMMOnfWEALTH OF PENNSYLVANIA: COUNT' OF CUMBERLAND KLICK-LEWIS INC VS THOMAS DAVID J DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS DAVID J DEFENDANT the at 1152:00 HOURS, on the 30th day of December 2005 at TACO BELL LEMOYNE SQUARE PLAZA CAMP HILL, PA 17013 by handing to DAVID J THOMAS a trues and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 14.40 Postage .37 Surcharge 10.00 .00 42.77 Sworn and Subscribed to before u me this // ` day of ,?e~G A.D. ~ '--r P~ nota y So Answers: R. Thomas Kline Ol/03/200~ MCNEES WALLACE NURI~,'TC BY - ~ // D IN THE COURT OF COMMON CUMBERLAND COUNTY, PEN KLICK-LEWIS, INC., Plaintiff v. No. 05-6293 DAVID J. THOMAS, Defendant TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa.R.C.P. No. 1037(b), kindly enter against Defendant David J. Thomas, in the amount of $11,69 failure to file a response to Plaintiffs Complaint within twenty service of said Complaint, and within ten (10) days after serv Enter Default Judgment. I hereby certify that a written Notice of Intention to File Default Judgment was given in accordance with Pa. R.C.P OF in favor of Plaintiff and plus costs of suit, for days from the date of Notice of Intention to Praecipe for Entry of .1. A true and correct copy of the aforesaid Notice is attached hereto as Exhibit A. I hereby certify that the last known addresses of the Deflendant is as follows: David J. Thomas 1540 Waterford road Camp Hill, PA 17011 Respectfully McNEES WALLAG~IJ~ NURICK LLC LD. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA ~ 108-1166 Phone: 717 237. 381 Attorneys for Klick-u~wis, Inc. Dated: July ~~ , 2006 ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLWANIA KLICK-LEWIS, INC., Plaintiff DAVID J. THOMAS, v. No. 05-6293 Civif Term Defendant To: DAVID J. THOMAS Date of Notice: January 23, 2006 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILEp TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEf~ AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABC,~UT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THI`'~ OFFICE MAY SE ABLE TO Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone: 717 249-3166 or 1-800-990-108 McNEES WALLAC~ & NURICK LLC '~- /`/'~ By Lawrence R. Widder I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237x5229 Attorneys for Klick-Lewis, Inc. Dated: January 1.3` , 2006 2 CERTIFICATE OF SERVICE AND NOW, on thisa3 day of January, 2006, I hereby~certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: David J. Thomas 1540 Waterford Road Camp Hill, PA 17011 McNEES WALLACE & NURICK LLC By N~~ Lawrence R. W eder LD. No. 16707 ', 100 Pine Street, P.O. Box 1166 Harrisburg, PA 1,17108-1166 Phone: 717 23~'-5229 Attorneys for Klick-Lewis, Inc. CERTIFICATE OF SERVICE AND NOW, on this' / day of July, 2006, I hereby and correct copy of the within document, via first class mail David J. Thomas 1540 Waterford Road Camp Hill, PA 17011 LD. Nd. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA Phone: 717 23. that I have served a true paid as follows: NURICK LLC 08-1166 Attorneys for Klick-Ll~wis, Inc. T' V ~ i~ C ~-n ~ ~ ~ /~ ~ ._ .. +~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Caption: KLICK-LEWIS, INC. vs. DAVID J. THOMAS Amount Due ~ 11, 694.10 Interest Atty's Comm Costs ~ 7 9.5 0 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland - County, for debt, interest and costs, upon the. following described property of the defendant(s) _ personal property of the~Defendant found at 1540 Waterford, Cam Hill PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment. to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and a!I other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) defendant(s) described in the attached exhibit. Date September 6, 2006 Signature: Print Name: Address: as a !is pendens against real estate of the MINE W~LALLAC~EQ & RICK LLC BY ~^ll~t~ tit Barbara A. Darkes ine ree P.O. Box 1166 Harrisburg, PA 17108 Attorney for: Telephone: Supreme Court ID No.: PRAECIPE FOR WRIT OF EXECUTION ( )Confessed Judgment (X) Other File No. 05-6293 Plaintiff 717-232-8000 77419 (over) ~. , ~q. ~._. .... -t~ ,,,,, ~1 Q - ~ ~ ~ _ ~ ~ ~ ~~ (YJ ~ ~ - ~ o 1 ~ ^ 1 ~ '{~ Q ~ 1 (~ 1 1 ~ W e ,. =~ .~ t ;:,, T } , ~~ ~"~ ~ .l ^~'? .~-. r$a ~ i'TI 1 -- i - / ,_ (. ~t WRIT OF EXECUTION and/or ATTACHMENT . +w, COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KLICK-LEWIS, INC., Plaintiff (s) From DAVID J. THOMAS, 1540 WATERFORD, CAMP HILL, PA (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY OF THE DEFENDANT FOUND AT 1540 WATERFORD, CAMP HILL, PA . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himJher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,694.10 Interest Atty's Comm Atty Paid $124.77 Plaintiff Paid Date: SEPTEMBER 8, 2006 L.L. $.50 Due Prothy $1.00 Other Costs $79.50 CURTI .LONG Prothonotary (Seal) NO 05-6293 Civil CIVIL ACTION -LAW By: Deputy REQUESTING PARTY: Name BARBARA A. DARKES, ESQUIRE Address: 100 PINE STREET P.O.BOX 1166 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 77419 KLICK-LEWIS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID J. THOMAS, Defendant NO. 05-6293 Civil Term PRAECIP~ TO SATISFY JUDGMENT To: Prothonotary I i Mark this judgment as sati~fied. McNEES ~41ALLAS~& NURICK LLC By 4l~'Vc'~-c- Barb r A. Darkes I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: April 5, 2007 Attorneys for Klick-Lewis, Inc. c~ C' ~ ~; ~, -,-~ ?;,. __ ~~y ~~ ' "tY - f., "'_' !, ~:_ :: ~yi f C! ~ _ _` ~ t _ t,~? R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED.. Sheriff s Costs: Advance Costs: 150.00 Sheriff s Costs: 150.00 Docketing 18.00 $ 000.00 Poundage 100.00 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 01/25/07 Mileage 10.50 Surcharge 20.00 Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL 150 00 S A $ . ~ o nswers; ~~ ~ ~,, R. Thomas Kline, S~ieriff ~ w ~,~.~ ~-'.- w laudia A. Brewbaker ~; ~~ ~~ ~- h fi ~b b' 81 d3S 9002 ~~ ~a~~ ~ ISSa`~~ ~~~ c L_. t._-_-: i~-~-,-~ k~fi-- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6293 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KLICK-LEWIS, INC., Plaintiff (s) From DAVID J. THOMAS, 1540 WATERFORD, CAMP HILL, PA (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY OF THE DEFENDANT FOUND AT 1540 WATERFORD, CAMP HILL, PA . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,694.10 Interest Atty's Comm Atty Paid $124.77 Plaintiff Paid Date: SEPTEMBER 8, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs $79.50 URTI ONG Prothonotary By: Deputy REQUESTING PARTY: Name BARBARA A. DARKES, ESQUIRE Address: 100 PINE STREET P.O.BOX 1166 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 77419