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HomeMy WebLinkAbout02-1376s , John A. Staffer, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN Bs SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorney for Plaintiff CHARLES LAPORTA, JR., 932 River Road Marysville, PA 17057 V. KEYSTONE AUTO EXCHANGE SALES, INC. d/b/a AUTO-MAX OF MECHANICSBURG, 5270 East Trindle Road Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. U2 - 13 7L 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/Answer, New Matter and Counterclaim 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SH1pMAN, P.c. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff CHARLES LAPORTA, JR., 932 River Road Marysville, PA 17057 V. KEYSTONE AUTO EXCHANGE SALES, INC. d/b/a AUTO-MAX OF MECHANICSBURG, 5270 East Trindle Road Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. oa -121L, l? IUD 1. <?Lby, COMPLAINT AND NOW, comes the Plaintiff, Charles Laporta, Jr., by his attorneys, Goldberg, Katzman and Shipman, P.C., who files this Complaint against the Defendant based on the following: Charles Laporta, Jr. is an adult individual who resides at 932 River Road, Marysville, Pennsylvania 17057. 2. Defendant Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of Mechanicsburg is a business entity conducting business in the Commonwealth of Pennsylvania, including Cumberland County, with a principal place of business located at 5270 East Trindle Road, Mechanicsburg, Pennsylvania 17050. 3. At all times material hereto, Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of Mechanicsburg was in the business of selling and servicing used cars and trucks. 4. On August 8, 2001, Charles Laporta, Jr. purchased a 1995 Ford Model E150 conversion van bearing VIN number IFTDF15YOMNA00755 from Defendant's dealership in Mechanicsburg for $14,790.50. 5. At all times material, Defendant acted through its agents and employees, Neil Wiest (Salesman) and Rick Northcraft (Sales Manager) in the sale of the van to the Plaintiff. 6. The sale of the van by Defendant to Plaintiff included implied warranties of merchantability and fitness for the intended use of the van. 7. The 1995 Ford van sold by the Defendant to the Plaintiff was defective, unmerchantable and unfit for its intended use. 2 8. Within 30 days of the date of purchase, Plaintiff noticed and reported to the Defendant numerous defects and problems with the van including, but not limited to the following: a. problems with vibrations and bouncing in front shocks requiring replacement at a cost of $125.00 (did not correct vibration problem); b. problems with tie rods and ball joints; C. problems with cruise control device; d. broken door strap on front passenger door; e. problems with rear door latch requiring repairs; f. problems with radial tape system; g. broken cup holder on inside of double doors; h. broken plastic floor supports for seat belt holders; i. problems with ABS system light and/or ABS computer system; j. defective or malfunctioning front heater requiring replacement of heater core at a cost of $214.00; k. slow leak in right rear tire requiring replacement of tire at a cost of $60.00; 1. slow leak in power steering system; M. failure of rear heater water lines/hoses requiring replacement and other labor charges totaling $125.78 in addition to the cost of a rental car; 3 n. slow leak in air conditioning system; o. missing TV set which had to be replaced at a cost of $200.00; p. defective or faulty VCR that had to be replaced at a cost of $89.00; and q. problems with electronic door locks. 9. None of the aforementioned defects and problems with the van were known to Plaintiff nor made know to him by the Defendants representatives prior to the purchase of the van. 10. On the date of purchase, Plaintiff noticed what appeared to be spidering/cracking of the paint on the van. 11. Prior to the purchase of the van, the Plaintiff was assured by the Defendant's representatives that the cracking was only in the hot coat of wax and could be buffed out. 12. Plaintiff relied on these representations and express warranties from Defendant and purchased the van. 13. After purchasing the van, Plaintiff learned that the spidering/cracking could not be buffed out and would require repainting of the van at a cost of $1,521.00. 4 14. Defendant breached both express and implied warranties concerning the merchantability, quality and fitness of the van thereby causing damages to the Plaintiff. 15. In addition, as part of the purchase of the van, Plaintiff purchased extended warranty coverage from the Defendant at an additional cost of $1,100.00. 16. Defendant has refused to honor the warranties and has otherwise refused to fax or replace the damaged, missing and/or defective parts of the vehicle. WHEREFORE, Plaintiff Charles Laporta, Jr. demands judgment against the Defendant Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of Mechanicsburg in an amount less than $35,000.00. This case involves an amount in controversy requiring submission to compulsory arbitration. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 3/1-S 162 74734.1 By. John A. Statler, Esqu Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff 5 VERIFICATION I, CHARLES LAPORTA, JR., hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. !?LES LAPORTA, JR. DATE: '9- / 7/ 0 2_.._ l v? Pit•. ? r^ V c C7 - -n Cv r? n r7l Cw) r ?- ^ n CD to tz. _ '? J C7 I I Timothy J. Nieman, Esquire Attorney I.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant CHARLES LAPORTA, JR. V. Plaintiff KEYSTONE AUTO EXCHANGE SALES, INC. d/b/a AUTO-MAX OF MECHANICSBURG Defendant 1b ?a &A%W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-1376 Civil Term ANSWER AND NEW MATTER AND NOW COMES Defendant, Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of Mechanicsburg and files this Answer and New Matter, stating as follows: Admitted on information and belief. 2. Admitted. Admitted 4. Admitted in part and denied in part. It is admitted that on August 8, 2001, Charles Laporta, Jr. purchased a 1995 Ford Model El 50 conversion van bearing VIN number 1FTDF15YOMNA00755 from Defendant's dealership for $12,900. With tax, tags, title and warranty, the purchase price was $14,790.50. 5. Admitted. 6. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent that a response is deemed appropriate, these allegations are denied. 427577.1 7. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent that a response is deemed appropriate, these allegations are denied. To the contrary, the 1995 Ford van sold by the Defendant to the Plaintiff was in good operating condition, merchantable and fit for its intended purpose. 8. Admitted in part and denied in part. It is admitted that Plaintiff has made numerous allegations concerning alleged defects and problems with the van. It is denied that Defendant is under an obligation to repair or otherwise fix the alleged problems with the van or that the alleged problems exist. Specifically: a. After reasonable investigation, Defendant is unable to determine the truth or falsity of these allegations and denies the same. By way of further answer, Defendant checked the shocks on the van and they were operating properly. Also, assuming that there was a problem with the shocks (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. b. It is admitted that Plaintiff made allegations concerning problems with the tie rods and ball joints. Byway of further answer, Defendant checked the tie rods and ball joints and they were operating properly. Also, assuming that there was a problem with the tie rods and ball joints (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. C. It is admitted that Plaintiff made allegations concerning problems with the cruise control device. By way of further answer, Defendant checked the cruise control device and it was operating properly. Also, assuming that there was a problem with the cruise control device (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. d. It is admitted that Plaintiff made allegations concerning a broken door strap on front passenger door. By way of further answer, Defendant repaired the door strap on the front passenger door. Also, assuming that there was a problem with a broken door strap (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. e. It is admitted that Plaintiff made allegations concerning problems with the rear door latch. By way of further answer, Defendant repaired the rear door latch. Also, assuming that there was a problem with the rear door latch (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. £ It is admitted that Plaintiff made allegations concerning the radio tape system. By way of further answer, assuming that there was a problem with the radio tape system (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. g. It is admitted that Plaintiff made allegations about a broken cup holder on the inside of the double doors. By way of further answer, assuming that there was a problem with the cup holder (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. h. After reasonable investigation, Defendant is unable to determine the truth or falsity of these allegations and denies the same. By way of further answer, assuming that there was a problem with the plastic floor supports for seat belt holders (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. At no time did Plaintiff bring this alleged defect to Defendant's attention. i. After reasonable investigation, Defendant is unable to determine the truth or falsity of these allegations and denies the same. By way of further answer, assuming that there was a problem with the ABS system and/or ABS computer system (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. Admitted in part and denied in part. It is admitted that Plaintiff made allegations concerning problems with the front heater. After reasonable investigation, Defendants are unable to determine the truth or falsity of the reaming allegations and denies the same. By way of further answer, Defendant repaired the heating system. Also, assuming that there was a problem with the front heater (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. k. After reasonable investigation, Defendant is unable to determine the truth or falsity of these allegations and denies the same. By way of further answer, assuming that there was a problem with the right rear tire (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. It is admitted that Plaintiff made allegations concerning problems with the power steering system. By way of further answer, Defendant repaired the power steering system. Also, assuming that there was a problem with the power steering system (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. M. After reasonable investigation, Defendant is unable to determine the truth or falsity of these allegations and denies the same. By way of further answer, assuming that there was a problem with the rear heater water lines/hoses (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. n. It is admitted that Plaintiff made allegations concerning a slow leak in the air conditioning system. By way of further answer, Defendant checked the air conditioning system on the van and it was operating properly. Also, assuming that there was a problem with the air conditioning system (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. o. It is admitted that Plaintiff made allegations concerning a missing TV set. After reasonable investigation, Defendants are unable to determine the truth or falsity of the reaming allegations and denies the same. By way of further answer, Defendant knew that there was no TV set with the van. P. It is admitted that Plaintiff made allegations concerning a defective VCR. After reasonable investigation, Defendants are unable to determine the truth or falsity of the reaming allegations and denies the same. Also, assuming that there was a problem with the air VCR (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. q. After reasonable investigation, Defendant is unable to determine the truth or falsity of these allegations and denies the same. By way of further answer, assuming that there was a problem with electronic door locks (which Defendant denies), Plaintiff knew, or through reasonable investigation should have known, about this alleged defect at the time he purchased the van. 9. Denied. Defendant's answer to Paragraph 8 above is incorporated herein by reference. 10. After reasonable investigation, Defendant is unable to determine the truth or falsity of these allegations and denies the same. 11. Denied. It is denied that prior to the purchase of the van, the Plaintiff was assured by the Defendant's representatives that the cracking was only in the hot coat of wax and could be buffed out. To the contrary, the Defendant's representatives told Plaintiff that they would buff the van but did not make the assurances alleged in this Paragraph by the Plaintiff. 12. After reasonable investigation, Defendant is unable to determine the truth or falsity of these allegations and denies the same. To the extent that a response is deemed appropriate, these allegations are denied. 13. After reasonable investigation, Defendant is unable to determine the truth or falsity of these allegations and denies the same. 14. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent that a response is deemed appropriate, these allegations are denied. To the contrary, Defendant did not breach any warranties concerning the merchantability, quality and/or fitness of the van. 15. Admitted. 16. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent that a response is deemed appropriate, these allegations are denied. Defendant's answer to Paragraph 8 above is incorporated herein by reference. Additionally, Defendants has repaired or inspected a number of items identified by Plaintiff as allegedly being defective. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed with prejudice and that Defendant be awarded its costs, including reasonable attorneys' fees, and any other relief that this Court deems appropriate. 17. Paragraphs 1 through 16 above are incorporated herein by reference. 18. Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 19. Plaintiff has not alleged the requisite elements of his claims. 20. Plaintiff lacks standing to maintain his claims. 21. Plaintiff's claims are barred, in whole or in part, by the statute of limitations. 22. Plaintiff's claims are barred, in whole or in part, by the doctrine of laches. 23. Plaintiff's claims are barred, in whole or in part, by the doctrines of waiver and estoppel. 24. Plaintiff's claims are barred, in whole or in part, by the doctrine of accord and satisfaction. 25. In the event that Plaintiff has suffered damages, which is denied, such damages were caused, in whole or in part, by Plaintiff s own actions. 26. In the event that Plaintiff has suffered damages, which is denied, such damages were caused, in whole or in part, by the acts of third parties, over whom Defendants had no control. 27. Plaintiff had the opportunity, and took the opportunity, to thoroughly inspect the van before purchasing it. 28. To the extent there are any defects with the van (which Defendant denies), Plaintiff knew, of through reasonable investigation could have discovered, the alleged defects before purchasing the used van. 29. The van would pass without objection in trade. 30. The van was fit for the ordinary purpose for which it was used. 31. The van was fit for the purpose for which Plaintiff intended to use it. 32. The Plaintiff was not relying on the skill or judgment of Defendant to select or furnish the van. 33. The only warranty applicable to the van was the used car warranty selected by Plaintiff. True and correct copies of the Agreement of Sale and Used Car Warranty are attached hereto as Exhibits "A" and "B". This warranty is Plaintiffs sole remedy and is administered by a third party. 34. Plaintiff examined the van before entering into the Agreement of Sale as fully as he desired and thus there are no implied warranties on the van. 35. Defendant expressly reserves the right to raise additional defenses that become known after discovery. WHEREFORE, Defendant requests that Plaintiff s Complaint be dismissed with prejudice and that Defendant be awarded its costs, including reasonable attorneys' fees, and any other relief that this Court deems appropriate. Respectfully submitted, RHOADS & SINON LLP By: . y" Timothy J. Ni man One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant EXHIBIT A Keystone Auto Exchange Sales, inc. DBA Auto-Max of Carlisle Auto-Max of Colonial Park Auto-Max of Dillsburg 1110 Harrisburg Pike 4220 Jonestown Rd. 819 U.S. Rte. 15 North Carlisle, PA 17013 Harrisburg, PA 17112 Dillsburg, PA 17019 (717)23 -0707 (717) 541-1600 (717) 432-5100 I Auto-Max of Mechanicsburg 5270 E. Trindle Rd. Mechanicsburg, PA 17050 (717)6 -P888 PkEASE ENTER My ORDER FOR THE FOLLOWING NAME y DATE ? NEwor USED ? DEMO ? CAR RUCK uSIER CHARLES LAPORTA JR 08/08/01 YR. 95 FOR[YtAKEQ b ryP' RUCK s7R,ET932 RIVIER RD COLOR GRN* TRIM MILEAGE 60146 clrv MARYSVILLE, PA. STATE 17057 ZIP VIN 1 F D E E 1 4 N 5 S H A 7 1 7 g P(HS NE (717)732-1732 BUSNE (717)703-4036 STOCK NA SALESff.EIL WIEST TO BE W VORNVl SEC. 166-34-1732 AGE ATE OF 5 G 0 2/02/42 20 DESCRIPTION • TRADE-IN YR AKE PRICE OF VEHICLE 129 60. . TY11FnI 1lAK .I1 r 1{ ?? 11 COLOR TRIM MILEAGE 98 7 2 5 VIN 1 5 Y 0 M N A 0 0 7 5 TITLE N PLATENO. $6353 EXP. OAT04 / 67vff OWNER LOAN# LIENHOLDER PHONE ADDRESS SPOKE WITH AMOUNT GOOD TILL VERIFIED BY COLLISION COVERAGE WARRANTY TYPE SMART CHOICE 110 NAMED p€NLrI.AM,qP'`KEEN ER" a"°"717)957-`2110`? ? MONTHS 36 MILES 3600 . ADDRESS ;: „ N• Cash Price of Vehicle & Accessories 1400 , D.( •I QOLUSION DEDUCTIBLE POLICY/ IJR6755-E26-38C ppy Sales Tax 70 . REGISTRATI A TITLE 22-*RANSFE6.00 ENCUMBOME 3 INSURAtfB OE FARM MUTUAL AUTO I[ J'//ii EFFECTIVE DATE Documentary Fee SPOKE 01812601 EXP. ..OATE2$O1 VERrFIED1BY Messenger Fee N WARRANTY INFORMATION Notary Fee 5 . I ? FACTORYIhisite WARRANTY - The 1-10, warranty conafilules all of the wartenfiea with respect to the sale of m/items The seller hereb l di l i . y express y sc a ms all warranties, either expresse0 or im l d i l di / p ie nc u ng any implied warranty of merchantability or fitness for a particular purpose, and the seller neither assumes nor authorizes any other person to assume for it any liability in connection N ith the sale f a n his itamlifems. USED CAR WARRANTY - Used car is covered by a limited warranty detailed in a separate document Fl S IS This =for vehicle is sold "AS IS" without any warranty either expressed or implied The . purchaser will bear the entire expense of repairing or correctin an def t th t g y ec a presently exists or that may occur in tho vehicle. RS Total Price 11 ,1 47 SGNATURE -•-??, Trade-In 230 0.0 0 USED C ONTRACTUAL DISCLOSURE STATEME T P y°agm°°nt Less Payoff" N THE INFORMATION YO Sublet To H U SEE ON THE WINDOW FORM FOR THIS VEHICLE IS Varrc s PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM .. ` a on Net Trade-In 230 0 OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. ? . CR# Deposit N A If you cancel this purchase a reement or r f t t k d li g e use o a e e very of the vehicle , ordered, except as permitted by law, you shall, at our option, forfeit as damages Cash on Delivery 72 0 the amount of $ SIGNATURE X x Hasa + oap°ab + U lro;y Total down Payment 302 l 5 / Unpaid Balance of Total Price 1 176 . p Purchaser agrees that this order includes all of the terms and conditions on both the face and reverse side hereof, that thi der cancels and supercedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the su ' ct alters covered hereby. This order shall not hncome bind Until a t d h h d ' ' ccep e t e ealer h th r tl representative r l n, time f of a CouV Of ,Its co t.a t sinned by an authorized deal e 1^r L ,ttc? t' f II f t t I r. --teaser by his execution of this order acknowledges that he has read its terms and conditions y of this order. reca Z PURCHASCR•S SIGNATUREx GATE 08/08/01 08/08 ACGATE e gUTHO.... nEPPEEENTATIVE ADAImi D )0 0 3 ) . „ , • STANDARD TERMS AND CONDITIONS 1. As used in this Order the (a) "Debtor" shall mean the authorized Dealer to whom this Order is addressed and who shall become a party hereto by its acceptance hereof (b) "Buyer" shall mean the party executing this Order as such on the face hereof, and (c) "Manufacturer" shall mean the Corporation that manufactured the vehicle or chassis, it being understood by Buyer and Dealer that Dealer is in no respect the agent of Manufacturer, and that reference to Manufacturer herein is for the purpose of explaining generally certain contractual relationships existing-between Dealer, Owner and manufacturer with respect to new motor vehicles. 2. Buyer agrees to deliver to Dealer satisfactorily evidence of title to any used motor vehicle traded hereunder at the time of delivery of such used motor vehicle to Dealer. Buyer warrants by such used motor vehicle to be his property free and clear of all liens and encumbrances except as otherwise noted herein. 3. Manufacturer has received the right to change the design of any new motor vehicle, chassis, accessories or parts thereof previously purchased by or shipped to Dealer or being manufactured or sold in accordance with Dealer's Orders. Correspondingly, in the event of any such change by Manufacturer, Dealer shall no obligation to Buyer to make the same or any similar change in any motor vehicle, chassis, accessories or parts thereof covered by this Order either before or subsequent to delivery thereof to Buyer. 4. Dealer shall not be liable for failure to deliver or delay in delivering the motor vehicle covered by this Order where such failure or delay is due, in whole or in part, to any cause beyond the control or without the fault or negligence of Dealer. 5. The price for the motor vehicle specified on the face of this Order includes reimbursement for Federal Excise taxes, but does not include sales tax, use taxes or occupational taxes based on sales volume. (Federal, State or Local) unless expressly so stated. Buyer assumes and agrees to pay, unless prohibited by law, any such sales, use or occupational - taxes imposed on or applicable to the transaction covered by this Order, regardless of which party may have primary tax liability thereof. 6. The price for the motor vehicle specified above cannot be increased after the contract has been accepted by or on behalf of the Dealer unless the increase is due to the passage of law or regulation of the United States or The Commonwealth which: requires the addition of new equipment to certain vehicles; changes in transportation costs or existing tax rates., or, in the case of foreign-made vehicles; is due to a revaluation of the United States dollar VIS-A-VIS the currency of the country of manufacturer. EXHIBIT B SmartChoice1000 Pre-Owned Vehicles SCT -71$L.I1U 1 U with up to 80,000 miles , , • Securing Your Future at time of sale 1 ALL COVERAGE ROAD AMERICA ROAD CLUB INCLUDED See Reverse Side Of Agreement For Details Provided To Customer Under Separate Agreement 1-800-843-1405 2 CHECK DEDUCTIBLE AMOUNT SELECTED 100 Standard 0$50 0$25 3 CHECK TIME & MILEAGE SELECTED This agreement terminates when either the selected term (from date of sale) expires, or when the covered vehicle's odometer exceeds the Issue Mileage plus the Term Mileage selected in this section, whichever occurs first. O 6 MONTHS/6,000 MILES x.16 MONTHS136,000 MILES 12 MONTHS/12,000 MILES 48 MONTHS/48,000 MILES O 24 MONTFj S/24,000 MILES O 60 MONTHS/60,000 MILES 4 CUSTOMER INFORMATION/COVERED VEHICLE AGREEMENT HOLDER'S NAME (Last) (First) (Middle Initial) LAPORTA JR CHARLES ADDRESS TELEPHONE 932 RIVIER RD ( (71)7)732-1732 CITY STATE ZIP MARYSVILLE PA. 17057 YEAR MAKE MODEL VEHICLE IDENTIFICATION NUMBER 95 FORD III E150 1FDEE14N5SHA71780 ODOMETER VEHICLE PURCHASE PRICE APPLICATION DATE SALE OR LEASE DATE 60746 09/03/01 08/08/01 LIENHOLDER PNC BANK, NA (ELT) 043000096-02 ADDRESS 2730 LIBERTY AVE CITY STATE ZIP PITTSBURGH PA 15222 VEHICLE DEALER/LESSOR NAME AUTO-MAX OF MECHANICSBURG ADDRESS 5270 E. TRINDLE RD. CITY STATE ZIP MECHANICSBURG PA r 17055 , MONTHS OR ODOMETER MILES - EXPIRATION DATE ODOMETER EXPIRATION MILEAGE (12:01a.m. deal time on this data) 36 36000 08/08/04 I'I 96146 PLAN TERM (WHICHEVER OCCURS FIRST) (Terms defined in Box 3 above) 5 CHECK ADDITIONAL COVERED ITEMS SELECTED (ITEMS MUST BEIPUR?tII?(? TIME OF SALE) OSUPER/TURBOCHARGER 04X4 FOUR-WHEEL DRIVE () FOUR-WHEEL STEERING O DIESEL 00/8aqN VEHICLE(AVAILABLEON VEHICLES UPTO 80,000 MILES) I hereby declare that the above information is correct and acknowledge OFFICIAL USE I SERVICE AGREEMENT P receipt of Customer Guide and Slate Guidelines by my signature below. li $ / U 5 „ y,py-, I'-,1 ,an,.,D I1, ,,., :. e.n nr_., vu, Iu,nal:w,xiv,I;m lwolnwml,,dl yuvl „nen L?n g,.: ors 1rul,. nnAgov r.I e. dsc,lAd, _MyLgn ,.,h, IF,, IHMV. w.,Ia,d ,vi-rdu,:,,nn 16.r I.Trui, ;1ow,1oc" da, t1 *ow rdu ec ,c),cnc, ,rl„ ,Le ', de l N o,ao sla,M the v.rm5.c dip a,d nvrsoo, elr.. rlaled nfna n6r. ,?,I norm uo nvc g u,pwd f a_I 4 Ida. I'g lu Itlr., fM1 .t tld'r L 1l mscrrnl 1a1 I 13ng taCr YSI41f DF rx521 11 ,pY ooI a IM1i" Ilry i,stied SC&F. Admntl S. byN1 W fy In ,e CO ,pang RR I d I m,. a ce al sf.o.,ro pens regarding any ?Icz 1 d vice ag menl wlM1n sxly (66)Of?I may,'n1 INal onal Wa ra'n rn Co np nY RRG ]4W'O"5 9IG oIn NE 6651 - H?r,Nm me Puaannsu ome ,,a ------ EsENFeRY, IF NO TERM AND MILEAGE HAS BEEN INDICATED IN SECTION 3. COVERAGE WILL BE IN EFFECT FOR 6 MONTHS/6,000 MILES. WHICHEVER FIRST OCCURS. A$100 00 DEDUCTIBLE WILL APPLY . ANY Mo r11FlCAT{r1N AI TERATION, ran GI IAN FF TO THE Pnf PIl N RD I OHMS AND CONDITIONS OF I HIS r%TENOEU SERVICE AGREEMENT AFF IHVAI NAND Or NO FORCE OD IEFEOT CONSEONNFIAL DAMAGES ARE NOT COVERED BY THIS E% FENDED SERVICE AGREEMENT THIS AGREEMENT IS NOT AN INSIIR nNGL POLICY II IS AN F1lLNDtDSLHVICL AGHLEVENT BETWEN YOU AND SC&E ADMINISTRATIVE SERVICES, INC ALLObUGANONSANDLIABILITIESFORREPAIRSCOV - "I D Itv I I IS EXTENDED S1: [WIDE AGHLEMENT ARE 11105E OF CC&6 ADMINISTRATIVE SERVICES, INC. THE PURCHASE OF A VEHICLE SERVICE AGREEMENT 15 NOT HE GUIDED IN ORDER TO LEASE OR PURCHASE A MOTOR VEHICLE. SERVICE OFFICE AUTHORIZATION IS REQUIRED PRIOR TO THE COMMENCEMENT OF ALL REPAIRS ;,MAR I GPOICE 740: O' S1. Claims Toll Free -1(800) 334.8358 Roadside Assistance -1 (800) 843.1405 UHCOI N. NE 68516 ,CT A'0: 66 ADMINISTRATOR COPY IOPWIIITE DEALT-RCHIPCOPY:YE[IOW II FNHOI OFR COPY'PIMK CDCIOME I COPY'WHITF ohE I Ih? specific roverape. al a of Ibis crtended Drub lg c Went. the InFI dealer will if necessary repairs a [he following components Include d it ricPUC ire l'I nm, .p l,.l LI. vl. Ilowpate. mJnufectu l.y. Fads. Or with pd :I III 1. it lllP, III Von at b,aklint by ,"It t IL 1 fill antlenzalion of the Local sL;lnr,. .L. b O LvA. flu ?uuW . . u IIy,1 p 1:Iwdr d aleJ O) rvmte ml b. .: o "I I1 I I Idlr of Y Ipl In r r" r P n] k.-11 I,1 ,h IF ill P F I I.: ill IF I, sianP aM at pno u 1 C 1 " •o f. n p t1,° any r,he n nnua! shall, •oto 1 I. III 1 I1 , ,It! I y, F!, ?,F,Illlll I t F,l l r l I'rnnl fill"'ll, I III, [I 11 Fl it II ne!bl I I P1 , I t ,,. I I lor I i mi :.II -ri I 1 1,d porn. I I ICI 4 ern, I. rl 1117 r, c: II . dl I I pv 1 'Iral lnrtagv. eole.rna ¢I wolvr li lea, yea :.I lu and.-ulpat .... j w.p, t v f-i. golf'r 11 .. nblf r c r -uu Ito. 11afu:lr f r ac 1: .1 ILL I, o f v! u J rl.n a r lgb gee, I I n rn b1,:rng r. I nm.rq dI.. 0.. a IIILI .. I dio-tirk I I IIIVC 51 1110. R,1, V]r A "Ill I Wu 1 e 1u1C V r 1. 41 J .1171/ ... do I1, Ire rVI'L c'. 1 ant ll l- u a1 a wu J 1 uu 11,-6 wb polo buudt cdnlu IF ?jrl, JCl rG t" ?I I . I, eJlal. A. Mil, )ti n,. Iiq I .....,n. I,,,- I. 1 Ill ou I = ?prIr5i, :II /cl andlowcl Cr .I 1 Ill, i n 1 I I nil I. I J 1. bust , rol 1 d r F,irr , n ADDITIONAL BENEFITS lulu d :nlv 'I ..LUNG. 7 I 'nlo11/dlly WJI ud Pm la, i udnd Vh ion m I „ lal :rtiemlly p"I Al I yI In.nn? ?.? I ud ?. lipllnrr, it n,dr ti vi 1 II r'.nd'. ?. I I u uul. I Ci I it 11 1 11 lat. v u of f /r 1I IF I f and w up'mtad JI n Id; Pau Jdulc w g all mat a I 1 es, wit Ilu,. power w ndnw mnlor u .... d nmlor. and l d urvlnrrNG b tom., I,,I,r R! 1 8 / 1 ylmd p er bm6 b t hl', ??I I I a,, II me i ting bl . .allpcc 11 f on apt p r t log d c- I t fiySTBPA filer punt 7 L1e1 ielerflon Pump , Ines an i no, Ili and fall filler hock. nr?W rfZ: 1 17l rllfirri fly cl II I IF I, ill :,,riiriri -Ind ti I le- comp e l '(. rev ',e ILI 'I, I IF IF Fill I; . , - erhe Un l ,fl of tell nr I, .k of III ILL,, I IF 1 1 M i IIIGH TECH Lrvet ,,,F.I, )mpmrrar, een ILL] r.,fr Is0 lute Sc vt "III,'. t1 repel ;uuuel uJlq 0 1J nadull bpd I, IF P .I'.1,,_ IF, I ell r dlv riniurarRen 1 111 al 1 •:I It I'll l d t F III dVlalabo l rn5or, comber e cni-y o f 11 1h," Iv IF I llmWe 1 L,tdl. h, bJku a l IF lark ILL g.,.f •1,l cr rl.1nd n n-nl I Inefnf 1 err' yyar I rl d,n ri,li,, IA 2 Fht„ 'uym I II"' p 1 n1'. •n , 11 1,1,11 '10ILii RICAI All I VE IFI f old.,uhnifi rV6a. to the ,I d ? Inol IF f tl t . "ef , 1 11 1 ,1.. III P1. un1,e. . pqv;, . , fell kre lea. e : t Idi :P.I I' loll d.l.. 1 1 1 o ?Ids'" :. I`c ..r', lit .I.. of I rrvcl..l eprn. nV/II!y r( I taVyce; .'Flt 'u.sP . , u: rl1 kdow', I r.1, III nL Iewin; -o L; ,.try: lit, I by rill, acs VIII be Gov I Sao I,, I I IF IF ' n rN,lsl call flood Amencu, prior to cec vino' towing assistance, at 1-600-643-1405. ss hoerT,al Imlmhd Hat nu 1v11 Len1Ilit ,, bn kI I,. r, I Pnd.you ivill evilb it lot el nl I le [ 11r r inn -,I t c 'Io V J u,,, m,. nee to x t 11171, 00 Iait, n,r. t Flt ;?Filllff .Jb1, Iry1:1, l:,vll,11 rlgl?1,l.ill ( 1, 1, it I I ep+ll _rI _AC ndo .n011ny 1, it , I. f . 11Iheal he t,grreim yr I, Mar Ill, I a cd I. t 'a1 Iola I manuals 1 t p lis delay V of tpo-ells I e,per.LI, ILI t Id I,,, d vt: W i,: Ju¢rcnli led by ednln?Il l 11), foo'Wta vehlule Jpusl b.ilnndud lrz l 'mead lb l fl Fillet Rev bu samenl of fie ,1, r t.p, are'. "If r. yell try. Ill''.1 Icpah l ? u COmplelyd t III, n"t'am I I Iloollcd of if ri'lll on Hnr 'gt!, .ue rI.,J la mr'bulcr.I'"I, ...".1.; "I I,]" in Hawaii) Iuta'Iuplion R Imaul m t o :ek J ablos ,LJtyl, IoW J II vm d p,u Frio 1, p t . IF , II I'lr F .1, .rlrtI ly. .km ,,I .,It IA( I1 LilnILL[ I,k lrly djngant nu 1 iuru ci-y'I! agmen,lt holder ?I <. .I N . . of bm.J. 1 ,I 'I I I It 1. 1 '1"1 1IIl I rcVair;, do ,.Frg,Iu ,d. `Iw will by roil wom.Ct In, aeh tl e xpenscr;, up to Jb.00 poi uyl n, .e r.J , J n,l 1 J )( Inn ,. lit Inbl a n4J Fv- Flat em limbic in Calllornm and F lawful Fulule Contract Gualontec I I, , 11; c nlav i I.. oil . IIr li III, ,uor to the Vxp ef.1;1 of II u line ggru.ln. provided flat [I I ,if ! . not II ,I IF z hu 1 11 (elem.- ekrsl(l I 4, :...Intl I" I to UnJ, wlr1 (luiJelinol. Ill" a" y I ul 1501] ,.1,r 1i It Ire a.p A o (11 J1, cnr II egreelnenl. e 1rtl V , 11 it I It sorest tI,, 1,11 r1' ! r clonhr I r 1, 1,111 IIbr . IUWrt: uy r.<munl. I Wield L _. ot If , III "Iy O41.i61 d y" 1 m I lY eenlen. ' WHAT IS NOT COVERED: I' IF I' . 1' :1 1 Ibr r,hiGr rl 11.) 11 1,u Ill, bond If,, over 60,000 miles at the thno of ship r , .1 1 Illy el v deal, In er c 'Indur bV-..d Is Covered". antl J _Q`5 i}yr<f Nlo lollowing' Ise 1 CyndlLyl IS 1_I I'.I or con: uliiul damage p1' loss eeuscd by breakdown of components (or other- n Iding I!"'I Ieh7- l llul injury, inconvenience, loss of vehicle use, and commercial lots. Pul live r vi^ ulSU r.. :-1: ?I I;J. Hchni , :l '41 1 } I )'?gln- e lJCiurv s ,N ]Iran l+/, uvhclhor n' nut irans- a1 .. =f f _ v?ht .... .y. cFm1_ ,P.. I 'I Ile: r:. .i.i 1.11 11 1 d IoW tired L c w,C Ol culli tan lhu::u. , "I IF 1] .? , rv I ,ddeyvy111u1 -Iln'rn : IF cdrn IF, r.. nco l_/L;. acts ul 1. "1 1ps1:L u1V I,I ,VDPI FI.n,r roll o vp'I.w y if prof, p,u:ily ow plowing. or ibl_V Ibroug1t .L -1 1 an n llf I r 'Al Lit II Ilya I t 1 1 . -J At,() flat catered re •11 111 1 +?'/ ,Iv ol',111 IF tlmg rr In lea t 17„faV ?d pl loll l+c asa ill ro, IF .dw a' I lit , ('I -d tear. f it coArfr a .pails buys I I' rvdqulreU to coned the v ly" 'I'll royal* of cmnponc which have teen m{li I cd or tided W fl r / I L, w NI oJe I t tie t'1. bubo alt I F or ..... r r Fn 1 I npHr 0 1 lot It M1 1 ,,, d u. r_ J C LL I h< .t s,r a tl cn ,e rel dAl i.who .dc Jilp of your vrhlclr lml f al , I for l1, t l /rcakd ,win I Ntr cell R ,I:= I I I I, I, Fill .:I.,u ,IrsPGr .dl f;latl ppd. 111 yl ._.11:1,`iio,LIL .. 1111f -....i If 11,Ii. 11 7i 1ill ill ann. I I -.y on) are Wnditiyning lecligrtb e. FullilJ I Il rd,i:Il. 1 11 1 1 y ,Im eels 1 II eI itub sl to, 1. 1. oft d 1 arts) e 't sy i ( [ d tJ alalyi t .1!. . d bulha, t b e l I ;.,j l cs),, "! " LUbliL 1nuJl IUI I d.,c, shill sl ack absolbor, ' :pgrk gto , olii(ra and ,. 1 IF,d nvvrr s. tune ors 1h it halurnm r ..hr J ,Ilgnm_ ll. heel slide `rvipei Hodesshop s fpch,s and hazardous ,oat r Ivel sly, -a. 2,1 I rnu,..r 'or ran rin I it of any cnlnpe Ill , caused by or due to cornpl,inoe with any lower legislation selected the 1900 (,1, 111 Air , d. r, 1 _i. c of ,V, ,II Krim' uv. V ad, m t "I" ,o o,d body pail=). bright melee, humpera body panels, door hall t 1 glass, moldingso oraside n: oufnllnn rCVerllb n d vitt btir-„ p'llrlt rlr1, 51cOnt metal, wdevlew mirrors (gla s, cod halLsog), or and water Ieokc, werithestrlp, wheel COvnr Iomament5 and wind Imge tir l pot pessent_d Physical damage.. ilifiriiiLILint of bumper and body p Iris r4 ngl cov =IC lei lot 1 I, ^esgxt. do 11 pad. d1,•, 1 . 1 to, IL I l no-'ring), l I Ord uphol lc Y fb4 of frtN5.u& silo I,p-player r, nPgclills{ I gronla ouglzar.,..,pe Ike .. o.ll hr kJ =phm,n thrill J.trn'me lm,, a^,d rid,, dcteolorn i of o,rrntl. cu.!sir-oniii:$ RC9PON.. "31LP-3: =u Ne W p 1 lyre l IF rduufaolu Vr F:..onneulNed 1 u nlennOewill result in lost, of yyul pmfeci o 1 ion dos LNFFNCC R Jr ?ueJ ..V a,:p n•. 't Ma n:.I..c. taco cIs I'om the a,,f, of purchase at the will from calling doaleF. supported by receipts indlcanng dalea. ? -ran _. . P by I IF I , Ih,uqu,,l aw ILL,., I I I ... I ,greamFILL I, ad n ad I. dvvl,I,IC 11III, . asni U -,it.I i,JLI'I c.11 '1ti. J,b7IJII: I I J I Lr I IUCC I IILI Y:n ,71 r .L hFP, 1 y r v IG eVRI I t.1 LLI it CLFFILM j IT V; "OT r r1FJ r, •: plm It AJI'.. HRAP1 a ' ... IF I t.'/"I"ll I, i[Fit, JI'„L`Jl' : =I(. IFI 'i .1:1 HI IN.JI,A'I %:I,t,,F IF A /. `/H AM igff;vfi NO PAIR IJIrFII?I'..I ltIl 1l J/:I; ,7 Ii 7111 m-r 1a',-H Cn Irac lfl Chn{ •tr--Iraq;cF IIJhY U lcl 1113Co,!Li[cRivkl Aghr I Eil^I, till„Il ?.,.. .....-..?. .. ........- I-Ire, I I . ..1,.. I' ": _L6JI:OL J d e";P,U a r ) u.. ?r. L..'.a - . .._.I... I,, 11LS ,, . Grlri S Dr: b1 ;. 7,. D10IIGi S actur C . i.CtlnlT IF 111141 Rick Northcraft, F for Keystone Auto Exchange t/d/b/a Auto- Max of Mechanicsburg, deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. Keystone Auto Exchange t/d/b/a Auto-Max of Mechanicsburg Date: by: Ric Northcraft, in his capacity as 411481.1 I hereby certify that on this day of April, 2002, a true and correct copy of the foregoing document was served by means of United States mail, first class, postage prepaid, upon the following: John A. Statler, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-4161 .1 . F C: cam. z. John A. Staffer, Esquire Attorney I. D. No. 43812 GoLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorney for Plaintiff CHARLES LaPORTA, JR., Plaintiff V. KEYSTONE AUTO EXCHANGE SALES, INC. d/b/a AUTO-MAX OF MECHANICSBURG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1376 CIVIL TERM PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Charles LaPorta, Jr., by his attorneys, Goldberg, Katzman and Shipman, P.C., who file the following Reply to the Defendant's New Matter: 17. Plaintiff incorporates by reference the averments in paragraphs 1 through 16 of his Complaint as if set forth at length. 18. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 19. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiff has not alleged the requisite elements of his claims. 20. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiff lacked standing to maintain his claims. 21. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiffs claims are barred in whole or in part by the Statute of Limitations. 22. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiff s claims are barred in whole or in part of the Doctrine of Laches. 23. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiffs claims are barred in whole or in part by the Doctrines of Waiver and Estoppel. 2 24. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiffs claims are barred in whole or in part by the Doctrine of Accord and Satisfaction. 25. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiff s damages were caused in whole or in part by the Plaintiffs own actions. 26. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiff s damages were caused by the acts of third parties over whom Defendant had no control. 27. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiff had the opportunity to inspect and discover hidden and latent defects in the van before purchasing it. 28. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiff through reasonable investigation could have discovered the alleged defects before purchasing the used van. 29. Denied. After reasonable investigation, Plaintiff is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 30. Denied. It is denied that the van in its defective condition was fit for the ordinary purpose for which it was used. 31. Denied. It is denied that the van in its defective condition was fit for the purpose for which Plaintiff intended to use it. 32. Denied. The Plaintiff relied on the representations of the Defendant's agents and employees regarding the condition and fitness of the van. 33. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the only warranty applicable to the van was the used car warranty selected by the Plaintiff. By way of further answer, it is denied that this warranty is Plaintiffs sole remedy in this case. 34. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that there are no implied warranties on the van. 4 35. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Defendant shall be entitled to raise additional defenses that may become known after discovery. WHEREFORE, Plaintiff Charles LaPorta, Jr. respectfully requests that the New Matter of the Defendant be dismissed and that judgment be entered in favor of the Plaintiff and against the Defendants. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: John A. Statler, Es-q-ulri Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff Charles LaPorta, Jr. DATE: S 17 /a 2, 78746.1 5 VERIFICATION I, CHARLES LaPORTA, JR., hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. C 16'0?? C7? S2-:Zi CHARLES LaPORTA, JR. DATE: ?-/- S-/ 0 ;L- CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 7 T-;1 day of M p t? , 2002, addressed to the following: Timothy I Nieman, Esquire Rhoads & Sinon, LLP One South Market Square, 12* Floor P.O. Box 1146 Harrisburg, PA 17018-1146 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By John A. S tier, Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff ? ? ? ? '- Y l ( - I ?v __ _ t - ,.l CHARLES LAOPORTA, JR. vs Case No. 02-1376 Civil Terns KEYSTONE AUTO EXCHANGE SALES, INC. d/b/a AUTO-MAX OF MECHANICSBURG Statement of Intention to Proceed To the Court: Charles Laporta, Jr., Plaintiff Print Name John A. Statler Date: 9/29/05 - intends to proceed with the above captioned matter. Sign Name 77?z Attorney for Charles Laporta, Jr. Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsyttm*rt Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901" Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Statement of Intention to Proceed upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the I0-0day of D C iAm., 2005, addressed to the following: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP One South Market Square, 12'h Floor P.O. Box 1146 Harrisburg, PA 17018-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. St8'ffer, it Attorney I.D. No. 43812- 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff n n? ?._ " f .) c.•i -Ii 'T'. rr'. p -ti r " l""-? e 1?'.? -n _... ?.? 1 ? r? 71.J ' r ', ?,. i '_, ? ? _ -; ? _i _?' rya '?i 7'v -? Curtis R. Long Prothonotary Office of the Vrotbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor a,;L - 13 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573