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Home My WebLink About06-1214V' STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiff vs. CUMBERLAND VALLEY MOTORS, INC., Defendant ANDREW H. SHAW, ESQUIRE PA Supreme Court ID: 87371 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No.' dal ?, JURY TRIAL DEMANDED 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiff vs. CUMBERLAND VALLEY MOTORS, INC., Defendant ANDREW H. SHAW, ESQUIRE PA Supreme Court ID: 87371 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiff VS. CUMBERLAND VALLEY MOTORS, INC., Defendant ANDREW H. SHAW, ESQUIRE PA Supreme Court ID: 87371 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. !'G -/„2j y C??d 7Z_ JURY TRIAL DEMANDED COMPLAINT NOW COME, this day of March, 2006, Plaintiff, Gary J. Mullen and Deborah R. Mullen, Trustees for The Gary J. and Deborah R. Mullen Revocable Living Trust, by and through its attorneys, Stephanie E. Chertok and Andrew H. Shaw, and files this Complaint: 1. Plaintiffs, Gary J. Mullen and Deborah R. Mullen, are adult individuals residing at 8 West Yellow Breeches Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Cumberland Valley Motors, Inc. (hereinafter "CVM"), is a Pennsylvania corporation with its principal place of business at 6714-20 Carlisle Pike, Mechanicsburg, PA 17050. 3. Defendant is engaged in the business of selling new and used automobiles. 4. At all times relevant hereto, Plaintiffs have been the trustees of the Gary J. and Deborah R. Mullen Revocable Living Trust. 5. On or about February 23, 2005, Plaintiffs purchased a new 2005 Dodge Caravan SXT (hereinafter "Vehicle"), from the Defendant for the sum of $34,245.94. 6. Plaintiffs and Defendant executed a sales contract related to the sale of the Vehicle. A copy of the Contract is attached hereto and incorporated by reference as Exhibit A. Approximately two weeks after purchasing the vehicle, the Plaintiffs discovered defects in the paint on the vehicle, including, but not limited to, numerous gouges in the paint of the vehicle and small chips in the windshield. 8. It is believed and therefore averred that Defendant was aware of the damage to the Vehicle prior to delivering it to the Plaintiffs. 9. It is believed and therefore averred that employees of the Defendant noticed the damage, and while preparing the Vehicle for delivery attempted to fill in the gouges and touch-up the paint. 10. At no point did Defendant notify the Plaintiffs of the damages to the Vehicle, nor provide Plaintiffs an opportunity to reject the Vehicle. 11. Plaintiffs did not discover the damage to the Vehicle until March of 2005. 12. Upon discovering the damages, the Plaintiffs contacted the Defendant about correcting said damages. 13. In response, Defendant, specifically the Sales Manager, accused Plaintiffs of incurring the damages and attempting to conceal the damages. 14. According to the Reconditioning Manager at CVM, Hugh Freet, CVM knew about the damage to the Vehicle and Plaintiffs should have been informed of the defects and given an opportunity to reject the Vehicle prior to delivery. The Plaintiffs were neither made aware of the damage nor given an opportunity to reject the Vehicle. 15. Subsequently, the Plaintiffs contacted the Owner and General Manager of Defendant, who stated there had not been any serious damage to the Vehicle, and offered only to repaint the various parts of the Vehicle that CVM had already tried to touch-up prior to delivery. 16. The Plaintiffs then obtained two estimates from local body shops as to the cost of repair to the Vehicle. The estimates, obtained between May 4 and May 10, 2005, ranged from $3,491.22 to $3,948.82, and included all necessary repairs. Copies of the estimates are attached hereto and incorporated by reference as Exhibit B and Exhibit C respectively. 17. The proposed repainting of the vehicle, as explained in paragraph 15 would result in a lesser quality paint job than the original factory baked-on finish. 18. On or about June 27, 2005, Plaintiffs provided independent estimates to Defendant, along with a letter indicating that the Plaintiffs would consider the matter resolved if Defendant agreed to pay the full cost of all necessary repairs or, in the alternative, provide Plaintiffs with a new vehicle that did not have the same damage as the one they had purchased. 19. The Defendant refused to agree to Plaintiffs' requests. 20. At all times relevant hereto, Plaintiffs have not made any use of the Vehicle beyond their ordinary, necessary transportation needs. COUNT 1: BREACH OF CONTRACT 21. Plaintiffs incorporate herein by reference paragraphs 1-20 as if more fully set forth hereinafter. 22. The Contract between the parties specifically provided for a "new" Vehicle. 23. Defendants breached the Contract by selling to Plaintiffs a vehicle that was not new, or in new condition. 24. To date, the Defendant has declined to pay the full cost of repairs or supply the plaintiffs with an undamaged vehicle in new condition. 25. As a result of Defendant's breach, Plaintiffs will incur costs of approximately $4,000.00 to place the Vehicle close to the condition it should have been in at the time Plaintiffs purchased the Vehicle. WHEREFORE, Plaintiffs respectfully request recission of the subject Contract and transaction in the amount of $34,245.94, together with costs and interest and such other relief as this Honorable Court may deem appropriate under law, or in the alternative, judgment against the Defendant in an amount necessary to place Plaintiffs in the position they would have been in had Defendant performed under the terms of the Contract, together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. Said amounts requested are above the limits for mandatory arbitration. COUNT TWO - VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 26. Plaintiffs incorporate herein by reference all averments of this pleading as if more fully set forth hereinafter. 27. The defendant's misrepresentations, as more fully set forth hereinabove at length constitute unfair and deceptive acts and/or practices under the Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 P.S. § 201-1, et seq. 28. Pursuant to Section 201-2(vi) of the UTPCPL, unfair or deceptive acts or practices includes representing that goods are original or new if they are "deteriorated," "altered,"or "reconditioned." Pursuant to Section 201-3 of the UTPCPL, such acts and practices in trade or commerce are unlawful. 29. The contract and transaction at issue is subject to the UTPCPL. 30. Pursuant to Section 201-9.2 of the UTPCPL, the Plaintiffs have a private right of action against the defendants to recover up to three times their actual damages, plus costs and reasonable attorney's fees. 31. As a result of the Defendant's unfair and deceptive acts and practices as described more fully herein, the Plaintiffs have suffered damages including but not limited to being sold a vehicle that is not in brand new condition, containing significant defects to the paint and to the windshield. WHEREFORE, the Plaintiffs respectfully request this Honorable Court to enter judgment in Plaintiffs' favor and against Defendant as follows: 1. In an amount equal to the cost necessary to put Plaintiffs in the position they would have been in had the Sellers performed the contract; 2. Together with costs and interest; 3. Treble damages; 4. Attorney fees; and 5. Such other relief as this Court may deem appropriate and just under the law. COUNT THREE - FRAUDULENT MISREPRESENTATION 32. Plaintiffs incorporate herein by reference all averments of this pleading as if more fully set forth hereinafter. 33. Defendant represented to Plaintiffs that the Vehicle was in brand new condition. 34. This representation was material to the Plaintiffs' decision to purchase the Vehicle. 35. Defendant's representations to Plaintiffs were fraudulent in that they were intended to induce Plaintiffs to purchase the Vehicle and: a) Defendant knew or believed that these assertions were not in accord with the facts; and/or b) Defendant did not have the confidence that he stated or implied in the truth of his assertions; and/or C) Defendant knew that he did not have the basis that he stated or implied in the assertions. 36. Defendant's assertions were made with actual knowledge of their falsity at the time they were made, or with reckless disregard of their falsity. 37. Plaintiffs justifiably relied on the misrepresentations of Defendant. 38. At or before the date Defendant sold the Vehicle, Defendant knew that the Vehicle was not in brand new condition. 39. As a result of the misrepresentation of Defendant, and due to Defendant's failure to advise Plaintiffs otherwise, Plaintiffs have suffered damages as more fully stated above. 40. Defendant's actions as stated above are outrageous, malicious, wanton, reckless, willful and oppressive in nature. WHEREFORE, because of Defendant's fraudulent misrepresentations as stated above, the Plaintiffs demand judgment against the Defendant as follows: 1. In an amount equal to the cost necessary to put Plaintiffs in the position they would have been in had Defendant sold Plaintiffs the Vehicle in a new condition; 2. Together with costs and interest; 3. Treble damages; 4. Attorney fees; 5. Punitive damages; and 6. Such other relief as this Court may deem appropriate and just under the law. COUNT FOUR - NEGLIGENT MISREPRESENTATION 41. Plaintiffs incorporate herein by reference all averments of this pleading as if more fully set forth hereinafter. 42. Defendant represented to Plaintiffs, inter alia, that the Vehicle was brand new and in brand new condition. 43. This representation was material to the Plaintiffs' decision purchase the Vehicle. 44. Defendant's representations to Plaintiffs were negligent in that they were intended to induce Plaintiffs to purchase the Vehicle: Defendant should have known that these assertions were not in accord with the facts; and/or 2. Defendant did not use reasonable care or competence in obtaining or communicating information. 45. Defendant's assertions were made with negligent disregard of their falsity. 46. Plaintiffs justifiably relied on the misrepresentations of Defendant. 47. At or before the date Defendant sold the Vehicle to Plaintiffs, Defendant knew that the Vehicle was not in brand new condition. 48. As a result of the misrepresentation of Defendant, and due to Defendant's failure to advise Plaintiffs otherwise, Plaintiffs have suffered damages as more fully stated above. WHEREFORE, because of Defendant's negligent misrepresentations as stated above, the Plaintiffs demand judgment against the Defendant as follows: 1. In an amount equal to the cost necessary to put Plaintiffs in the position they would have been in had Defendant sold Plaintiffs the Vehicle in a brand new condition; 2. Together with costs and interest; 3. Treble damages; 4. Attorney fees; 5. Punitive damages; and 6. Such other relief as this Court may deem appropriate and just under the law. Dated: Respectfully submitte? S ephanie . Chertok, Esquire Supreme Court I.D. 52651 Andrew H. Shaw, Esquire Supreme Court I.D. 87371 61 West Louther Street Carlisle, PA 17013 (717) 249 - 1177 Attorneys for Plaintiffs VERIFICATION We verify that the statements made in this Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Gary J. ullen, Trustee Deborah R. Mullen, Trustee EXHIBIT A , i74 MAY-11-05 WED O .:5= PPo GGEY t11j,_,_" l ? N 1 REttaflfSv r..R?A?]C oivf tera thu`!M6i BLAND VALL Y MQTOR A-zzDp CARI_ISL PIKE LAf L1l.E'PA 1l?3 CU}i3ERLAND f G?/ illilAtiILSRLIRG i 17050 , nd co-bQyer, it any, (collectively "Liuyer", "You" and "Your") after being quoted both a cash and ct6drt prie1 z,agreea to buy from Qred tar on' the terms and conditions set forth on both the front and back of this cmitract, the vehicle ("Vehic{e"; iiescnbet? below- You acknoyviadge', " 141pt1Fl ^^ VEHICLE ICF^1tIFICR ION NNIAKA r ARAVAN ZDhGf'A1t 75R37 iD?1 Y1Afl 6 M II of Trade-in ?? MO E{ o Trade-in n 1998 FORD TRUCK W1NDSTo i TOta1 pf 1. Cash Price Vehicle (including a nC@d I' " 4 Paym?iTfS , ?" ?, . . accessories, delivery , The total price of Ygyt ?439 O installation charges, if any) .. Yt amodpt Y, ti3, pgr1dha0' on cred) ', r t1t Qf C ?l i 9 b, Sales Tax ....................... 7 7 5 9 +, ? ; _ ditili y includitit6Wtod6 ij,' )tl Ya u of"havQ`pald pa' de? : c. Documentary Fee ............. t „ t , " , payment;of but t1eba?t havp made all o- d. Service COntract(optionaq. $ 34245'.44 a k 1 , inantsrls ch?.Ouled r r 300 94 »,: dH e. Cash Price.......... .... ,. lt} <' - 2. Oo Py 18004 ;t4 a ?, ;. bownf yment b. Manufacturer's Rebate ...... ?EN PAYMENTSAPE UOF e. Gross Allo c on Trade-in NO OF AMOUNT OF ?AcH .. , { PAyMtNf; ' >, ggrMENr ,k 1 M04 HLY /L9h. D0 ?' ti(eCMNMGDAVOfPAYMERTl d. Pay-ofPon Trade ?A $ TIT TM e. Net Allowance on t ?? DO Trade-in .................... 29344,94 t , f. Downpayment........ .. , . , . disclose on Line Se antl enter s If less than $g to pay a prelnaity , $Ofor the Downpayment ;., g 4915.ru+ 3- Unpaid Balance of Cash Price l Yotl will be ch2Y7e 2°Io"of suCli ptt)13id a hgGn'fi. ) 0 t1yS late NIA a. Unpaid Trade-In Lien Amount to be FtnancPd*?.$?? • ? ' 7,7 ** paid to:N{A stiff the VPhible belo? pu?rlj+a^ed• • ?? 4. Other Charges Including Amounts Paid to .,1 Others on Your Behalf` ,l' a. Paid to Public Officials for:* ., •' (i) Other Taxes .............. _ 5 0,0 + ". EXHIBIT B YEAR MANE MODEL BODY,-X + SERIAL NO. LICENSE NO. MILEAGE ? ' 5 % ( Rn.u REPLACE? HOURS LABOR PARTS ET SU R T I EMS Z-11 J _a r f 1 S' !` b .L ?^: K ?: ?F -rte... ?Ar? - P . r r ` - _ 712 1 1 I? 31 SUB TOTAL LABOR [ET H 19 Y[[O ON MR INSPECTION 0 NOT CONE. ADDITIONAL OR THIS LA[O NR WHICH MAY [L [[OVIR[D RFYCR IT[R THE [ WORK MAO M1/ L[[M [T[RT[O. AFTER T[N THC N[ WWONT PARTS - ! NI.1 tt11R90, WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST IMLI[CTIDN MAY f'- at OIKOYER[D. NATURALLY THIS ESTIMATE CANNOT COYER [VCN COMTINOEMCI[[. TART[ PRICn Gu[JEOT TO CHANGE WITHOVT NOTICE. THIS ESTIMATE IS FOR IMMEDIATE ACCEPTANCE. SU BL E VNET ITEMS THIS WORK AUTHORIZED SIT TAX ESTIMATE SHEET TOTAL 3L<Ll r; -.a Y CLARK'S AUTO BODY 1308 Pine Road Specializes in Fiberglass Carlisle, PA 17013 Phone 486-4151 EXHIBIT C 808 BAISH GLASS + BOI+Y SHOP, INC. _ _;_.. 1 1C *:2510710 120 R1117 TIK?- ._rli__ , ... _ ,__ .7549-1553 QX: n171159-:15D FF.£LIMINP9Y ESTIMATE, Written 3y: Rich Baisi: s`-4`__23 Adjof NNC.er: Insured: Owner: D25 AND GARY MUlLU Address: 8 W YBLIOW ORZZCRZ_'. Rr,;: I CARLISLE PA 17013 Fax: !717jH 6 In spa st Location Inaurancv Company: Claim # Policy § Deductible: Draw of Loss: Type of Loss: Paint of Impact: , V <u=er: D-,- to PE:Pall 2205 DODS G?.kND CAF:PVAN W) SXT BL-Fl 4_:. ?!s ^JL: _nz: VIN: 2G9GF49L75R8?:Su`i1 Lic: DCW 5731 Pxcd Data: Odometer: 4493 Air _curditicnina ( Rear Defogge Tilt Whcel se Control C:rui 17:ter:nitte... Wiper- K?!v'esz Entry payer siloin , Door Rear Wiper S'teer'. _ Wheel controls SCdy Side Mc_d'_ru5+ Dual Mir:vIS _ri7voy Glas Stunt' console Luggage/Roof Rack Fog Lamps Cipay Coat Earn- power _ste5riR7 -.tiler hraxG.' power Lu_iv:ows Power LOCKS Power Dri7__ sew* Power Mirrors vn -Lock Brakes A) Eli'vr Air Rap, Passenger Ai Raq 4 Wheel Disc Wakes Traction Controi cloth seats captain .-_.31x3 W / Pa5zencer Option ?'juminvM/F__ e Wheals NO, OP. DESCRIPTION QT' EXT. PR I, EMY PRINT ----------------------------------------------------------------------------- 14 =cep all chips _azahe5 -.'- PF N :,:_.._ _ Rol _T 9ea.c_enp as edge ..-NSC_'S-EL, ('. Fe Wanc Meld WE c a Wit ,;d _ 2020_ 23 i _, ..-r J1 1 1100 H1:11<- DE l k _ , N ' c: 7 a t PRELIMINU,Y >~5'I T_CL+T_ ACC: L)r)r)r; r';F'=gP7L Fr.PAiS 4X2 ._' 6-?.--Pi 9- VAN B:U. +:}r. -------- Cl?_?_H.'12T'1O11 ------------------------ --------- 9 ; F .U1 2'-- 5T }? E. :.over ..._=n Eumper cover Lin -et Gear Coat 44 1 Acd :o_- '__ear G_ at FS1=E". Ig Overlap :Major Rd,i. a'acel 22 l;?rer_ap, Aa7or Hdj. Panel `UE. Flea" C.c:at 24 R..&Y R'" Lc F±* t?!olding black: R&I L?' LgWeY meidiru hlack ReF )j L NT_?'rU EldELLV. ELE7_7F:ICAL y 6 CBb1E r"t p 'P r) I Re 'n -- Lcor ane__ 9l )`ie la J:: Ma)o Rn-.j . -_..? 0z' f'.loac 34 R,ezn __ 1'!:C"`r ei ll L7 *_ii7, oane_ F'.I LL' r_•'.ci= >?' .ip ,)tits=r eiT 43, ke?_ RR=+ LE'r d. rrc.ad-r+_! 4S° e'G_ ?,Tr.,_R7_ JF il, C;1 i-t?+,. __ IGEL ?' ?t=6' )P. --r_'ar -? " _ _ __ ?;Lcll ------------------------------------- ?: Y zLl . 7 f -OF': 'rF__Cr'= ----------------- -------- i 1C.?s T?:'i. i.5 O.t _..I a 1.° -h C. 1.E 4 n $H'? NaUH H'n "9 =`0:3 =::-T Ci 'G'T;9G nn/ _ 2n0 R : C4 AM l.-.1mer: - PRELIMINARY ESTITABE ICU DODS Gk _ND CARAVAN 4X2 XT 6 fL-FT 7 VRC In;: -------- N_i, ---"f" OP. .- -E5CRIPTION' Q7 -- _,._. PRICE !EBOS. ------------------- PAIQ --------- --------- -------- -------------------------------- Aid for Clsar Coat 52, Rep'_ F".T er=d mald_n?7 `7, -_ Rep! L'1' Opner side moldir.r _ 57,10 _._ v,S 54 _:cl RT RQ trim panel 0.5 RWI L'_ R__ trim panel .. . E'.E" F. ?6 ?1 R.I HanKe, 'dt§ide ? 0.4 57. RLI :i,,y?.. LI han':_j_+_/ ^;',.1T" Ji L ?' SIDE PANEL 5 , Ren, 11 =7ide panel I•, Ga Overlap Mejo_ Adj. Fanei -C.4 111. '? Rda fo; clear o:i1. 00 hci' Add for Clear Coat. 0' LJ P .. 'SATE G+<, :rot.-: __ft G-LB L 67 Overlap Major kdj. ?one! -0.4 Go, Ada for Clear Coat 0.4 69 Rep! Nameplate "SXT" _ 15.50 Q-11 70 Rew Nameplate "GRAND CARA AIN _ 33,25 0.2 1' lepl. Nameplate "DODGE" 30,65 -.2 7 REAR, LAMPS 73 RU 5 :: mbo lamp ,, Ru L .,7^_fli_ lain, v.. __ R2 AR -UMPET, 74 RUT PLI DOMPe[' _JVE'e_ _.G 77 Fefn E'ari!psy cover 113" WE, base ? L SE TOM BE, FE Ad, for Tlear Con- 1.n ROOV 15 Rein Roof Panel w/u saurcH 0.6 Al over-_n b+-y_". FC pan'l -0.4 01 At _"- _ls6E :oar -" 02. K i kT .i_:e rail aszy 1.13WP 7.4 E4 F.?I I' ._LIO i'VI way 112" WE 0.4 Loilaas ran: _ R. l_ 12 Mirror asr.+'. ..'ps ar W/ Mot-, 5 3 77 I!. sa R&I L1 Mirror awy w/I __ .. .,.. L 191d dOH- 1102 FSKS SOS GRET VELK 0! QT SOOT, RU, PRE.i,IMINTti7.2? ESTIidAT? ' Gun., ! ri.p1?' ^_.r-7a .'FDI 4X2 _,'T ....-FI a_ :AP -. C: Ira: --------- ---------------- ,'F.TP'1 iON --- - ------ - ? T•' !XT= br a _ SUF. Yom-NT ?':'' O'..'e T]c,?:• -- ------- -- Ms?r; ,•- Cd ?_:-,'tic=, rail@'- ---------------------------------- -;?.._ 92 Re fl, L'1 IN`5t. E- E:i 11ar 2 9= 0:%Fx ap Ma:juI' P(• :'-k7 PdY;Bt - .2 r9' hdhl cr Cl e"'r ..Cat 9e ---------- HF_ZF RDUC ---------------- .. PiAt TE ------ r.J T -- --------------- -------------------------------- 3 6 . 3 ?i P? 1 thrcl}']:%,Djt Efl"??,:F vehlc.lE ;r.,t lIi,c', c. ;101•. C?a; VEHICLE. AAS CHIPS' COVERING MANY ASSORTED AREAS OF 'i HE t,-?,HICLE. REc_UI:l.FIS COMPLETE F;EF11d.I uF9 AND C7_.EAR TO COVEF., ALL EX.TErtIOP, fl,;LY P.;;FT='.. UUF_a NOT TNCLUL" CJ':DEH F'7riD (;F: INIQ°R Jsl°7 ;;. - Ple,W .frclr?,z;•- 42Ln FnIN _'En MOL:;TNGS' WILL STRETCH -E REF"_FCEMEIT-: Farts -' ;;. 5r_@y Labor 20hr. != c: 40. u0 _-,r 6.;6. 00 F ter._ LaIDc,_ hSe ?f-fli.lj h_r 7f C•, J(1 - - - - - - - - - - - - - - - - - - StiS..7 C:) r: L. - - - ---------- ---------------- ., ----- _.__. -- .. 4 . c 2 h(4 3°,y,? di 'H_ ?,QOZ H I! 'H '303 ?d _7 h1LTL :-' iI b u?^ 'CI1r_[ _'-_ PREiSMSNAP-Y $STS,"fkTE 2DC D. GR;iNCi .w AVAD7 4X2 :Y.T F ... _.-FT 4r. VAN G`_= Irf L.: AN': R.-R.Si»7 ?l HC P rdOvITD:G11 L1J?; WITH N.'Ert T' TO '!F FRACD ANY Tl sf Fx Cc'i ^.OMPA.bli OF INC[! ?d.JF !:7F .: ?..;I^. it `.'F' C7L_RIM C':TNEn abdi')": FdLRu A, A9-1 ,CP.T7O1-7 FOP, .CNT'AIN:_NG M2TFR.IALLY FA=SE INFOLMATICN OF. CONCEAL:) . ,.. '; E PGNPOSE CIE MISLEP.=:IN`„ INFORMATION CONCERISING ANY FACT IsATER.IAL ?'',333.^0 COMI,MS A FtZ=U-'ULE"11 IAFCE RC'., [A'; _f (.',E A CF,IV.,' A.v C) _,OSL _C7'S T:i_ ..SOYd T? CR.IMIPIk ANY PERSON WHO YNCWINGLY AND WITH INTENT TG SIdJU=tE QA DEFF'ACID AP7Y ?..N."TJRE;R. F1i.,Ei> AN A?PLIC:=.TION OR CLP_i.v.' ('O%TAiN_NG ANY FALSE, INCOD'FLETE OR IN_c_fR".+LAT2 >t': SHi''LL, U_`?ON DONVICTION, BE SL7B- ECT ij,EPTtIEON:?DNT _'O?. U7'' TO .-.'..VEN YEAF;S AN'D PAYMENT A cINE 06 UP TO $IS,000. THE FOLLOWING IS i? LIST OF ABBREVIP.TIONS OR SYIQC0LS T9r:T '.SAY DZ TO GE3I'B,'f3E ti;GR'K TC? RE DONE 0 PAPRTS 'I'G BF r^^.E Pr.IR T OR REFLAC'ED: 'T=DISCONTINUED 'PART A=APPROXIMATE PR.=CE B--BODY LABOR r)-DIAGttQSTIC E=ELECT ..-_..., F=, RAME f=`A8: M=MECBAN'IC AL f°=PAINT LABOR 3=STRUC't`UFP.L T=TAXED N3IECELLACiEO9S Y;=I`i04i 'AEL MIS."-LI,A?F0U73 aDT=yJ ACFNT A1,GN=ALIGN A/M 1FIY. FKET' E_'!!-BLE[.D CAF:R=CEF'.TIFIED AUTC)MOTIVE FARTS ASSOCIATION D&R=DISCONNECT AND REC'ON7ECT FS7=ESTIMATE EXT. PRICE=7NIT PE:-_C'E MULTI FLIF.".. S:r' 7RE QUA,MT'Y INC'L=IN('L`DED MISC=MISCELLANEOUS NON-ADJ-.NON ADJACENT O/H=UVEREAU_' 0F=0FEFIATIOd N0=1INE NUMBER QTY-,( UF,NTITY QUP.L REC'Y=L!OALITY RECYC:L$D PAFT QL,AL RFE ___,jUALITY R.EFLd,`CEMENT RyRT COMP REF'_ FARTS=COMPETITIVE REELA.C:EMRNT PARTS! -.3CC:?T_?=FECC%NDTTION REFN=B.EFINISH REPL=REPLACE R&I°-REMOVE T,N7L` INSTAL? R&h-S,EM,I'VE AND .-PL ACE RPR=REPATP.. RT=F;IG'H^' SIC:'"=SEC:T'IONr SUBL-'SUBLET LT=LEFT W/O=NZITHOO G'/ =olTH% #=IIAN7AL "sIN T'F,'s -OTHER [IE. MCT'fRE DL77AB7-.SF, _,NFOFMT TION WAS CHANGED). **=DATABASE LINE. PITH AFTZPJiARICET hi=t:C:TES ATTA=CHED TO LINE [`7Ad5=NA^1IC!NAL AUTO GLASS S:'E(-==iCATIONS. M':. b'F'=tikl'dUFAC'i iIRE_F:'S :'?q?,LIT":' Abl2 u L I L,P. T I0D1 : ?.t ?G F:?!•". . THE Z.«; LCN.EC. F3T7MATE zPFbFt F.f 1'..: :a;. AP1'fti:1 SAL `F 3-Ic GI,E" J' -?ATn FOR THF. VISISLE TD THE VEHic:,E Nl,_SD AT THE TIME Oc ii .'r'Fc'l7 ?!N NECESSAk" TO P.ETUTRN TEE VEHICLE TO '_TS PREUI-,_K rGFD ,^..gNI)ITTS?N. COSTR AE.C„%E TEE A-1-I ISEC FMc:L714MAY BE THE ^:ESPONS:BIL I^"i DE, TllE VEF TI'LE' ONNEF. 1'hEh. IS .7 : F.EQL i!-. enE@iT 7R:4. ^gE ".''k4-J..fti. fiW!lr.it 4'St hNY '.F'ECIFIEE! REF'ATk 5?.7F'. NG F:EtAIF'. FACILITIES 5,97Cd ViI_L B.^ AELE TC! REFA R TH k-_[.LE FOF. THE FIFFRt_SEE! A1!0J3NT' If: fiin_LAELE FROfld THE _DNS.. .Atd;7_ CJMPLNf. IF USED ELF'. ARE S}?F r: ].FLFJ LI, THE! A-RE ^', VIZD TO BE QF LIKE KIND A,eD DUAL-T';( I !i.;„'=, 1, N(= F:EFT L.._E-, _N:_IDEN-',L CtjAR,,Ec. SUfrH AS WING, FROTECT_VE C:ARF, [7..... liEPhL!__ T?ifrJ, B. T'1'LFY AD]U T_F:E 2E2LP.CEMED75 ?As, dGl i W? 't, ABLE. SCI 7E-d :jF_H3 ;.,rlU' H_?1"2 EILIH Lf9G iFh',?._ _+ TT nGPfZ iFl T, SI ---------------------- -- ------------------------------------------------------------.. 01102005 11:04 ..._ 3CY-1 son Numwe= . FRELIMIKLRY ESTIMATE 2005 DCDG GRAND CARAVAN W 8XT 6-3.8L-7: 41 VAN GCLD Wif Estimate rased on MOTOR PA;r 2.0KMATING GUIDE Unless w_„i:; neveo .__ items ,; neriuso i_-.n: ne Guide n3 ILK 'h::_cZi:se Dare 0 20C.5, OCT bath late 04003L yo the p__r.a aected are OEM-parts manufactured oy top vehicles original Equipment ManufantU ez. OEM parts are available at OE/Vehicle dealerships. Asterisk !•-i or Double .4swlsk (**) l f3was t:a- the parrs and/or labor information provided by MQTCR may have been modified or may nave come from an alternate data source, Tilde :.yn i^) items indicate MOTOR Not-InGuned labor vs_a_ions Non-C r.r,Ial Equipment Manufacturer a-termarker parts cle esr 1Leh as AM, rual Rep, i'a_ta or gran . P.eDi fart; wG1r..h Taars for Competitive Rep'-aceu ni Paris, Used parts are described as IA!, Gua. uec Parts, PCY, of JSEL. Reccnd:03ned y.arzs are aecco ved as Recon, Recored parts are described Recare NAGI Part Numbers and Prices are provided by National Auto Glass inc. Pcun? sign (0) items indicate manual entries. Some hares that are described as AM, (ual Rep- Parts or Comp Rep! Farts may be OE Surplus parts cr other OE parts offered a _ species. pricing d _ curt. E'or farther clari ica_icn please review the Suppliers List attached to this estimate, or onsa t: appraiser or estimator. CCC Pathways - A product of CCC information Services inc. W 19V di H AU DS HSI18 Wa 'a5_Ti_r7._T_ __:TT 5u C7 PT;,=0 a t?? ?': ?? ?t_ 1` ? ? ?., s. ,r; _. G ?- ? -? `-_?"? ^. r BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/fax(610)736-0100 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiffs V. CUMBERLAND VALLEY MOTORS, INC. Defendant Attorneys for Defendant Cumberland Valley Motors, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION No. 06-1214 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE CLERK OF THE COURT: Please enter my appearance on behalf of defendants, Cumberland Valley Motors, Inc. in this matter. BILLET &CONNOR By: 'If"a " DAVID K. BRENNAN, ESQUIRE Attorney for Defendant Cumberland Valley Motors, Inc. ?.? ,,.? J -n _ -- ? _ N' ? 17 .V ? -nf _ r ' {' " x, _? ,<7 _? r - _- _ e;i -? BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/fax (610) 736-0100 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiffs V. CUMBERLAND VALLEY MOTORS, INC. Defendant Attorneys for Defendant Cumberland Valley Motors, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION No. 06-1214 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT CUMBERLAND VALLEY MOTORS, INC. TO PLAINTIFF'S COMPLAINT Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 5. Admitted in part, denied in part. It is admitted that the plaintiff purchased a new 2005 Dodge Caravan SXT from the defendant on or about February 23, 2005. It is specifically denied that the plaintiff paid the sum of $34,245.94. 6. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. By way of further denial, the document attached to plaintiffs complaint is not a "sales contract" with the defendant. 7. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 8. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. However, the defendant does admit that it was aware of a "fingernail size" paint chip located near the roof rack, but no damage beyond that. By way of further denial, defendant was unaware of "numerous gouges in the paint of the vehicle and small chips in the windshield". 9. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. By way of further answer, it is specifically denied that defendant "noticed the damage, and while preparing the vehicle for delivery attempted to fill in the gouges and touch up the paint". 10. Admitted in part, denied in part. It is admitted that the defendant did not notify the plaintiff of the fingernail sized chip near the roof rack. It is specifically denied that the defendant was aware of the alleged damages identified in paragraph seven of plaintiff s complaint and specifically denied that the defendant did not provide the claimant an opportunity to "reject" the vehicle. 11. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 12. Denied as stated. Plaintiff did contact the defendant about the damages alleged in paragraph 7 of the complaint. However, it is specifically denied that the alleged damages were known to the defendant at any point prior to being contacted by the plaintiff. 13. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 14. Admitted in part, denied in part. It is admitted that Hugh Freer said they knew about the aforementioned "fingernail sized chip" near the roof rack prior to delivery. Any further damages were unknown to the defendant and it is specifically denied that such damages existed at the time the vehicle was delivered to the plaintiff. By way of further denial, after reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 15. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. It is specifically denied that the plaintiff ever contacted Monique Ullom, owner and general manager of defendant. 16. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. By way of further denial, it is unknown whether what is attached to the complaint as exhibit B and C were estimates obtained during the dates alleged in the complaint. Therefore, defendant specifically denies the allegation that the estimates attached to the complaint include all "necessary" repairs. 17. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 18. Denied as stated. The plaintiff did make demands as indicated in paragraph 18 of plaintiffs complaint. However, defendant believes said demands were made as early as May 12, 2005. By way of further denial, after reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 19. Admitted that defendant did not acquiesce to plaintiff's original demands, but did make a generous counter offer. 20. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. WHEREFORE, answering defendant demands judgment in its favor. COUNT I - BREACH OF CONTRACT 21. Answering defendant incorporates by reference its answers to paragraphs 1 through 20, inclusively, of the plaintiff's Complaint, as fully as though herein set forth at length. 22. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 23. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 24. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 25. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. WHEREFORE, answering defendant demands judgment in its favor. COUNT II - VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 26. Answering defendant incorporates by reference its answers to paragraphs 1 through 25, inclusively, of the plaintiff s Complaint, as fully as though herein set forth at length. 27. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 28. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 29. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 30. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 31. WHEREFORE, answering defendant demands judgment in its favor. COUNT III - FRAUDULANT MISREPRESENTATION 32. Answering defendant incorporates by reference its answers to paragraphs 1 through 31, inclusively, of the plaintiff s Complaint, as fully as though herein set forth at length. 33. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 34. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 35a-c. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 36. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 37. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 38. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 39. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 40. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. WHEREFORE, answering defendant demands judgment in its favor. COUNT IV - NEGLIGENT MISREPRESENATION 41. Answering defendant incorporates by reference its answers to paragraphs I through 40, inclusively, of the plaintiff's Complaint, as fully as though herein set forth at length. 42. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 43. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 44. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 45. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 46. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 47. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 48. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. WHEREFORE, answering defendant demands judgment in its favor. NEW MATTER The Complaint fails to state a cause of action upon which relief can be granted. Plaintiff has failed to join indispensable, necessary, and proper parties. All allegations pertaining to agency, supervision, or control are specifically denied, and strict proof, if deemed relevant, will be demanded at the time of trial. 4. If plaintiff sustained damages as alleged in his Complaint, and said damages were the direct and proximate result of the negligence, carelessness, recklessness, lack of due care, willful and wanton misconduct, or other acts or omissions to act of individuals, parties, or entities other than the plaintiff or defendants other than answering defendants, then the damages of plaintiff were the direct and proximate result of the negligence, carelessness, recklessness, lack of due care, willful and wanton misconduct, or other acts or omissions to act of other individuals, parties, or entities other than the answering defendants, over whom the answering defendants had no control or right of control. Collateral estoppel and/or res judo icata apply to bar litigation of issues previously adjudicated concerning the cause of action set forth in the Complaint. 6. The claims of plaintiff may be barred in whole or in part, by the applicable statute of limitations. Plaintiff has failed to mitigate his damages. Plaintiff's claims against answering defendants are barred by the doctrine of accord and satisfaction. 9. Plaintiffs claims against answering defendants are barred by the doctrine of laches. 10. Answering defendants raise, aver, and preserve all defenses constituting affirmative defenses pursuant to Pa. R. Civ. P. 1030. 11. Plaintiffs claims are barred and/or limited pursuant to the provisions of the Pennsylvania Unfair Trade Practices Act, 73 P.S. §201, et seq. the relevant provisions of which are incorporated herein as though set forth at length. 12, To the extent that any contract existed between plaintiff and defendant, plaintiff is barred and/or limited by the terms of said contract, the material provisions of which are incorporated herein by reference. BILLET & CONNOR By: L"?j h, DAVID K. BRENNAN, ESQUIRE Attorney for Defendants Cumberland Valley Motors, Inc. (Pile No.: 9770-50) VERIFICATION The averments or denials of facts contained in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. A"/ le, 6""', BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610)736-3400/fax(610)736-0100 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiffs V. CUMBERLAND VALLEY MOTORS, INC. Defendant Attorneys for Defendant Cumberland Valley Motors, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION No. 06-1214 JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I, David K. Brennan, Esquire, hereby certify that a true and correct copy of the foregoing Answer with New Matter of Defendant Cumberland Valley Motors, Inc. to Plaintiffs Complaint, was served upon all counsel and/or unrepresented party by regular, first class U.S. mail, postage pre-paid on April 18, 2006. BILLET & CONNOR By: W ? ' 6', VID K. BRENNAN, ESQUIRE Attorney for Defendants Cumberland Valley Motors, Inc. STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiff VS. CUMBERLAND VALLEY MOTORS, INC., Defendant ANDREW H. SHAW, ESQUIRE PA Supreme Court ID: 87371 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 06-1214 JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF PLAINTIFF, THE GARY J. AND DEBORAH R. MULLEN REVOCABLE LIVING TRUST TO DEFENDANT'S NEW MATTER AND NOW, come Plaintiff, Gary J. Mullen and Deborah R. Mullen, Trustees for the Gary J. and Deborah R. Mullen Revocable Living Trust, by and through their Attorneys, Stephanie E. Chertok and Andrew H. Shaw, and preliminarily object to Defendant's New Matter, and aver the following in support thereof: This is a civil action, commenced by Plaintiff, involving the purchase of a new vehicle. 2. The action was commenced by a Complaint filed on March 3, 2006. Defendants filed an Answer with New Matter on April 18, 2006. A copy of Defendant's Answer with New Matter is attached hereto as Exhibit "A." 3. In Paragraph 10 of Defendant's New Matter, Defendants "raise, aver, and preserve all defenses constituting affirmative defenses pursuant to Pa. R. Civ. P. 1030," 4. If the allegations set out in Paragraph 10 of Defendant's New Matter are allowed to remain, then Defendant may forever have the opportunity to raise new theories of affirmative defense, all to the severe prejudice of Plaintiffs. Paragraph 10 of Defendant's New Matter fails to conform to the law. WHEREFORE, Plaintiff respectfully requests this Honorable Court to strike the foregoing paragraph of Defendant's Answer. Date: ?I 01? Stephanie ETher o d, Esquire PA Sup. Ct. ID No. 52651 Andrew H. Shaw, Esquire PA Sup. Ct. ID No. 87371 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff 2 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiff VS. CUMBERLAND VALLEY MOTORS, INC., Defendant ANDREW H. SHAW, ESQUIRE PA Supreme Court ID: 87371 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 06-1214 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esq., hereby certify that a true and correct copy of the Preliminary Objections of Plaintiff to Defendant's New Matter was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: David K. Brennan, Esquire Billet & Connor The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 o Date: S ` Stephanie E: Chert)Jk, Esquire PA Sup. Ct. ID No. 52651 Andrew H. Shaw, Esquire PA Sup. Ct. ID No. 87371 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff ? ? o °. "C?t`%:! 1T'i1; q ...C ?? 1 -p 7? tt ...?. tl3 ??i ? rn ?c1; ?_ :? ? ?? ca ? ? ? SHERIFF'S RETURN - REGULAR CASE NO: 2006-01214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULLEN GARY J ET AL VS CUMBERLAND VALLEY MOTORS INC SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CUMBERLAND VALLEY MOTORS INC the DEFENDANT , at 1335:00 HOURS, on the 7th day of March 2006 at 6714-20 CARLISLE PIKE MECHANICSBURG, PA 17050 by handing to MONIQUE ULLOM, PRESIDENT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.92 Postage .39 Surcharge 10.00 .00 36.31 Sworn and Subscribed to before me this d1 AA day of 1wc, o2csv A. D. Prot otary So Answers: R. Thomas Kline 03/08/2006 STEPHANIE CHERTOK By: Deputy Sheri Must be typewritten and submitted in duplic TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument CAPTION OF CASE (entire caption must be stated in full) The Gary J. and Deborah R. Mullen Revocable Living Trust (Plaintiff) VS. Cumberland Valley Motors In The of Cum Jury Trial (Defendant) No. 1. State matter to be argued (i.e., plaintiff's motion for new trial, complaint, etc.): Preliminary Objections of Plaintiff to Di of Common Pleas County Term s demurrer to :'s New Matter 2. Identify counsel who will argue cases: (a) for plaintiff : (Name and Address) (b) for defendant: (Name and Address) 400 Washington _St. Suite 802 Reading, PA 19601 3. I will notify all parties in writing within two days that this case has beet listed for argument. 4. Argument Corot Date: Date: 6 -1- 06 Attomey for I STEPHANIE E. CHERTOK, ESQUIRE ANDREN PA Supreme Court ID: 52651 PA Supre. 61 West Louther Street 61 West I Carlisle, PA 17013 Carlisle,1 (717) 249-1177 Attorneys THE GARY J. & DEBORAH R. MULLEN : IN THE COURT OF REVOCABLE LIVING TRUST, CUMBERLAND CC Plaintiff VS. Civil Action No. 06-114 CUMBERLAND VALLEY MOTORS, INC., Defendant JURY TRIAL CERTIFICATE OF SERVICE I, Stephanie E. Chertok, hereby certify that a true and correct Listing a Case for Argument was served this date on the below name United States mail, first-class, postage prepaid thereon, addressed as David K. Brennan, Esquire Billet & Connor The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 Date: J ? - /` 0(0,- H. SHAW, ESQUIRE ie Court ID: 87371 )uther Street k 17013 :or Plaintiff QON PLEAS OF ,PENNSYLVANIA of the Praecipe for by placing same in the Stephanie E. Che o1N, B'sq PA Sup. Ct. ID N D. 52651 Andrew H. Shaw Esquire PA Sup. Ct. ID N c). 87371 61 W. Louther S eet Carlisle, PA 170 13 (717) 249-1177 Attorneys for P1 ntiff p Ut ?. . ' e f Ii STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 ANDREW H. SHAW, ESQUIRE PA Supreme Court ID: 87371 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff THE GARY J. & DEBORAH R. MULLEN : IN THE COURT OF COMMON PLEAS OF REVOCABLE LIVING TRUST, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CUMBERLAND VALLEY MOTORS, INC., Defendant Civil Action No. 06-1214 JURY TRIAL DEMANDED STIPULATION AND NOW on this day, hereinafter set forth, the parties by and through their respective counsel stipulate and agree as follows: 1. Plaintiff filed a Civil Complaint on or about March 3, 2006. 2. Defendant filed an Answer on or about April 21, 2006. 3. Plaintiff filed Preliminary Objections to Defendants Answer on or about May 9, 2006. 4. Plaintiff objected to paragraph 10 in Defendants New Matter in which Defendants "raise, aver and preserve all defenses constituting affirmative defenses." 5. Plaintiff filed a Praecipe for Listing Case for Argument on June 1, 2006. 6. Defendant agrees to strike paragraph 10 of Defendants New Matter. 7. Plaintiff agrees to file an Answer to Defendants New Matter within twenty (20) days of the entry of the Courts Order striking paragraph 10 of Defendant's New Matter. 8. The Parties wish to have the Court enter an Order as follows: a. Plaintiff's Preliminary Objections are sustained. b. Paragraph 10 of Defendant's New Matter regarding the preservation of all defenses is now stricken. c. Plaintiff is ordered to file an Answer to Defendant's New Matter within twenty (20) days of this order. NOW THEREFORE, the parties hereto stipulate and agree as follows on the day herein after written. WITNES ETH: drew H. Shaw, squire ?mk ? . 6 t-e?? David K. Breiman, Esquire so-a4/, Date to Z o Date 2 {"' r-? ? . _ _,.? `?3 _, C .--{ r,? __ ?-.! "'-'? _. ? ? ' J .. - ! r `r ., JUL 0 3 2006 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiff vs. CUMBERLAND VALLEY MOTORS, INC., Defendant ANDREW H. SHAW, ESQUIRE PA Supreme Court ID: 87371 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 06-1214 JURY TRIAL DEMANDED ORDER AND NOW, this ._ ?4?- day ot) 200 , upon presentation and consideration of the within Stipulation, it is hereby Ordered and Directed that Plaintiff's Preliminary Objections are sustained and Paragraph 10 of Defendants New Matter regarding the preservation of all defenses is now stricken. Plaintiff is ordered to file an Answer to Defendant's New Matter within twenty (20) days of this Order. 6-11V N. ?. a ,? °= __ c < --? ?. ;>> ,.: _ _ _ ? -- -% STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiff vs. CUMBERLAND VALLEY MOTORS, INC., Defendant ANDREW H. SHAW, ESQUIRE PA Supreme Court ID: 87371 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 06-1214 JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER NOW COMES the Plaintiff, Gary J. Mullen and Deborah R. Mullen, Trustees for the Gary J. and Deborah R. Mullen Revocable Living Trust, by and through their Attorneys, Stephanie E. Chertok and Andrew H. Shaw, and file this Answer to Defendant's New Matter, and in support thereof state as follows: NEW MATTER Denied. Paragraph 1 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. 2. Denied. Paragraph 2 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. 3. Denied. Paragraph 3 of Defendant's New Matter is not a statement of fact to which a response is required. To the extent a response is required, Paragraph 3 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. Strict proof thereof is demanded at trial. 4. Denied. Paragraph 4 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. 5. Denied. Paragraph 5 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. 6. Denied. Paragraph 6 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. Denied. Paragraph 7 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. In addition, Plaintiff made substantial efforts to mitigate damages but Defendant's lack of cooperation has resulted in litigation. Denied. Paragraph 8 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. 9. Denied. Paragraph 9 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. 10. Stricken by Court Order dated July 3, 2006. 11. Denied. Paragraph 11 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. 12. Denied. Paragraph 12 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. WHEREFORE, Plaintiff requests this Honorable Court rule in favor of Plaintiff and against Defendant. Date: 711L,161' Stepl . ie E. Chertok, Esquire PA Sup. Ct. ID No. 52651 Andrew H. Shaw, Esquire PA Sup. Ct. ID No. 87371 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiffs VERIFICATION I, Cindy L. Hribal, Esq., verify that the statements made in this Plaintiff s Answer to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §4904 relating to unworn falsification to authorities. Date: 7??fi Y,/? /?o 'I, ?/ in , Esquire STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiff vs. CUMBERLAND VALLEY MOTORS, INC., Defendant ANDREW H. SHAW, ESQUIRE PA Supreme Court ID: 87371 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 06-1214 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, do hereby certify that a true and correct copy of the Plaintiff s Answer to Defendant's New Matter in the above-captioned matter has been served upon the following persons on the Lclay of July, 2006, via first-class U.S. Mail, postage prepaid: David K. Brennan, Esquire Billet & Connor The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 1 41 va4il Cind . al, Esquire G .? =?^ _' STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff THE GARY J. & DEBORAH R. MULLEN : IN THE COURT OF COMMON PLEAS OF REVOCABLE LIVING TRUST, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CUMBERLAND VALLEY MOTORS, INC., Defendant Civil Action No. 06-1214 : JURY TRIAL DEMANDED MOTION TO COMPEL ANSWERS TO DISCOVERY Stephanie E. Chertok and Cindy L. Hribal, attorneys for the Petitioner, The Gary J. and Deborah R. Mullen Revocable Living Trust, move this Honorable Court to enter an appropriate Order against Respondent, Cumberland Valley Motors, Inc., pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure, and in support thereof aver as follows: 1. More than thirty (30) days have elapsed since Interrogatories and a Request for Production of Documents were forwarded to counsel for Respondent on July 26, 2006. 2. No responses or objections to the said discovery have been received by the undersigned. 3. Said discovery concerns matters solely within the knowledge and control of the party or parties to whom it is addressed and is essential to movant's preparation for trial. WHEREFORE, Petitioners move this Honorable Court to enter an Order pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure compelling Respondent to serve upon moving counsel full and complete answers to the aforementioned discovery within twenty (20) days or suffer such sanctions as the Court might impose. Petitioners further request that this Honorable Court enter an Order for Respondent to pay the costs associated with filing this motion. Date: teph die -E. rtok, squire PA Su reme t. I.D. No. 52651 Cindy L. Hribal, Esquire PA Supreme Ct. I.D. No. 202325 61 W. Louther St. Carlisle, PA 17013 (717) 249-1177 ATTORNEY'S FOR PLAINTIFFS STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff THE GARY J. & DEBORAH R. MULLEN : IN THE COURT OF COMMON PLEAS OF REVOCABLE LIVING TRUST, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CUMBERLAND VALLEY MOTORS, INC., Defendant : Civil Action No. 06-1214 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, hereby certify that a true and correct copy of the Motion to Compel Answers to Discovery was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: David K. Brennan, Esquire Billet & Connor The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 Date: in L. j al, Esquire s , 2 Irn s. ZZI i STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff THE GARY J. & DEBORAH R. MULLEN IN THE COURT OF COMMON PLEAS OF REVOCABLE LIVING TRUST, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CUMBERLAND VALLEY MOTORS, INC., Defendant : Civil Action No. 06-1214 JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of Plaintiff - The Gary J. & Deborah R. Mullen Revocable Trust. Date: °? - 6 Andrew H. Shaw, squire Supreme Court ID No. 87371 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Plaintiff - The Gary J. & Deborah R. Mullen Revocable Trust. Date: hid.. H 4WTA squire Supr e Co ID No. 202325 STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff THE GARY J. & DEBORAH R. MULLEN : IN THE COURT OF COMMON PLEAS OF REVOCABLE LIVING TRUST, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CUMBERLAND VALLEY MOTORS, INC., Defendant Civil Action No. 06-1214 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, hereby certify that a true and correct copy of the Praecipe for Withdrawal of Appearance and Praecipe for Entry of Appearance was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: David K. Brennan, Esquire Billet & Connor The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 Date: Cindy . H ' , Esquire C./o --? THE GARY J. & DEBORAH R. MULLEN, IN THE COURT OF COMMON PLEAS OF REVOCABLE LIVING TRUST, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CUMBERLAND VALLEY MOTORS, INC. DEFENDANT NO. 06-1214 CIVIL JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 4th day of October, 2006, upon consideration of the Motion to Compel Answers to Discovery filed by the Attorneys for the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 24, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. The Defendant's failure to file an answer may result in sanctions being imposed by the Court. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, Xephanie E. Chertock, Esquire Cindy L. Hribal, Esquire Attorneys for Plaintiff ..avid K. Brennan, Esquire J Attorney for Defendant bas N* M. L. Ebert, -V, ?A \?? Jr., J. r?yt iM., _ '..IIfYp tV 1 ,, ti BILLET & CONNOR The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/ fax (610) 736-0100 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiffs V. CUMBERLAND VALLEY MOTORS, INC. Attorneys for Defendant Cumberland Valley Motors, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION No. 06-1214 JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the law firm of Billet & Connor, P.C., as counsel for defendant Cumberland Valley Motors, Inc., in the above captioned matter. By Dated: January 22, 2007 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400 ?' -? -Ti BRENNAN & ASSOCIATES, P.C. By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 1202 Reading, PA 19601 (610) 372-0101/ fax (610) 372-4477 THE GARY J. & DEBORAH R. MULLEN REVOCABLE LIVING TRUST, Plaintiffs V. CUMBERLAND VALLEY MOTORS, INC. Defendant Attorneys for Defendant Cumberland Valley Motors, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION No. 06-1214 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE CLERK OF THE COURT: Please enter my appearance on behalf of defendants, Cumberland Valley Motors, Inc. in this matter. BRENNAN & ASSOCIATES, P.C. By: Aub?l DAVID K. BRENNAN, ESQUIRE Attorney for Defendant Cumberland Valley Motors, Inc. BRENNAN & ASSOCIATES, P.C. By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 1202 Reading, PA 19601 (610) 372-0101/ fax (610) 372-4477 Attorneys for Defendant Cumberland Valley Motors, Inc. THE GARY J. & DEBORAH R. MULLEN : IN THE COURT OF COMMON PLEAS REVOCABLE LIVING TRUST, OF CUMBERLAND COUNTY Plaintiffs CIVIL ACTION No. 06-1214 V. JURY TRIAL DEMANDED CUMBERLAND VALLEY MOTORS, INC. Defendant CERTIFICATION OF SERVICE I, David K. Brennan, hereby certify that a true and correct copy of the Entry of Appearance, was served upon all counsel and/or unrepresented party by regular, first class mail, postage pre-paid on February 8, 2007. BRENNAN & ASSOCIATES, P.C. By: by'e ?P?,r?----- DAVID K. BRENNAN, ESQUIRE Attorney for Defendant Cumberland Valley Motors, Inc. rf CO . , Y. BRENNAN & ASSOCIATES, P.C. By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 372-0101/ fax (610) 372-4477 Attorneys for Defendant Cumberland Valley Motors, Inc. THE GARY J. & DEBORAH R. MULLEN : IN THE COURT OF COMMON PLEAS REVOCABLE LIVING TRUST, Plaintiffs V. CUMBERLAND VALLEY MOTORS, INC. Defendant OF CUMBERLAND COUNTY CIVIL ACTION No. 06-1214 JURY TRIAL DEMANDED ORDER TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Please mark this matter as settled, discontinued and ended. BRENNAN & ASSOCIATES, P.C. By: !'t'/ ? /w4? I)AVID K. BRENNAN, ESQUIRE Attorney for Defendant By: S E E. CHERTOK, R.N. ESQUIRE Attorney for Plaintiffs W t,L^J