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HomeMy WebLinkAbout06-2993Is COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Nei - 2_"7q3 cw e1 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. R1er k{wvl`i AUTO MIST 1 oa-3-04 1 Tm~ o9: P"Cfy sQe. 1,6 1 Ke_ Kha?r t l Ru'b C 106- D-g93 cjI? H R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. sv"ro or Pothorwtaryor0epw NOTICE OF APPEAL was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary V Enter rule upon t Kim K'ksa-I^'t F So Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. O L - I / 9 3 LrJt ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Slgmt" of appellant or attomey wager RULE: To K 1 ryl If1Va-wl f 5?(h'^ i , appellee(s) rNeme of eppe ee( ) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. /N/??/ Date: ay, 20 0 6 ' -sig umorvromona ? aryw uryo YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANS6RIPT FORM WITH THIS NOTICE OF APPEAL. ADPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW- APPELLANT'S COPY PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE r PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of offlaal My commission expires on 20 Signature ofaffiant C N O ?! f b Mir -' w M CM a ?.,Y ..x 11 u1111 u,I,_ ' , , v ...:1, ha -,a. +aavtinY, romi K ? >u?.r At Mr .COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CMISERLAIM Meg. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACRY Adgreas 104 0 SPORTING HILL RD I[HCHAxICSHURG, PA' AUTO FIRST 4610 TRIHDLH ROAD CAMP HILL, PA 17011 NOTICE OF JUDGME?+NTITRANSCRIPT aP?AwnFF: CIVIL. CASE NAME and ADDRESS rill Eisnx 4 sAmmi 2208 0HOR68TOWN ROAD MIDD,LSTONN, PA 17057 L -J VS. LL'jANT: NAME and ADDRESS 46101 TRINDL19 ROAD AUTOi FIRST' LCAI[P HILL, PA 17011 Docket No.: CV-0000043-06 Date Filed: 1118106 J THIS IS TON TIFY YOU THA 4 . T. .--?.:+= I; FQ1Q,PL71"1:1"I!'. S ?: .:. - -- - - ® ,Tudgment was entered for: (Name) rTm, rTRAN E RAN1n/T ® Judgment was entered against: (Name) ApTO FTRaT in the amount of $ .0,721-So on: (Date of Judgment) 5112IQ6 Defendants arWint?(hnd"Severally liable. (Date & Time) Damages will re?ass4sed,on: Y E This case dismissed withVJ prejudice. s Amount of Ju ent Subject to Att h t/4 8127 $ C S ac men a. . . § ? Portion of Judgment for physical damages ari ' out of residential lease $ t Post Judgment Credits $ Post Judgment Costs $------- --- Certified Judgment Total $ g ,t ANY PARTY HAS,THE.RidfI* TO APPEAL WITHIN 40 DA11S AF„TER:THE t t FtY.OF JUDGMENT PY, FILING A NOTICE ,. , i ^ ., n '^ .r ... • .K. p OF APPEAL WIFH THEAeWoNOTARY/OLERK 6F THE GrOURT?OF OOMIYI N PitEAS, OIVIL DwI 601,11. YOU - - MUST INCLUDE A COP10F THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM. WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISP PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL. DISTRICT JUDGES, IF THE JUDGEMENT HOLDER E CTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON. PLEAS, ALL FURTHER PROCESS MUST COME FROM THE-0OUFtF.COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. - UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE ` A REQUEST FOR ENTRY OF SATISFACTION WITH THE. MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES OR OTHERWISE C MPLIES WITH E D - , O TH GMENT.. JU y ay `F y 1 LF k: ,Yle ) 1" Date ^ Magistl DlstncG liidg ' x I certify that this ;is a4rU#41 Correct' p n 'ttse-reeordo( the p oc dings contalmngithe judgment: ? 1' t L? Date Magisterial District Judge My commission expires first Monday of January, 2010. SEAL ^ `1 AOPC315-05 DATE PRINTED: 5/12/06 11:44:10 AN '.. , T .?..wv ??wV +f++?rr r.....Ma1r.?... o ?'z. ... ' . fj p U 5 V ©b X493 a fi s ,;..COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CU MERLAND CIVIL CASE Mad. Dist No.. " 09 3 04 PMINTIFF. NAME and ADDRESS ' SISAM i SANGuz riIM ? . - - , MDJ Name: Hon 2208 GEORGETOWN ROAD THOMAS A. PLACEY MIDDLETOWN, PA 17057 kt Address; 104 S SPORTING HILL RD L J Ml3CHANICS33URG, PA vs 11?p r ., DEFEND NT: NAME no ADDRl;SS ' A t '" ' ` r '" 17050,: .•'/,6 .?8 O 2 7a? yt?" ) rl "I, PETER, ET AL. r . „i s r , „ 4610 TRZODLE ROAD' ?; k r AUTO- FIRST f' LCAMP' HILL,' PA 17011 w -J PETER EHOURI 4610 TRINDLE ROAD Docket No.: CV-0000043-06 AUTO FIRST Date Filed: 1/18/06 a CAMP HILL, PA 17011 1 THIS IS TO NOTIFY YO THAT: ® Judgment was entered for: (Name) wTu, wTagm t gamaKT ® Judgment was entered against: (Name) aeanT, PBTM12 in the amount of $ • 729 _ SR on: (Date of Judgment) 5/12/06 4d - - Defendants argoint?r'andeverally liable. (Date & Time) Damages will asea$se(Lon: 4 90 f M T lased with?I prejudice. I.This case dlsm ? Amount of Ju ent Subject to Attachment/4a.C.S. § 8127 $ Portion of Judo ent for physical damages ariAout of residential lease $ AW Amount of Judgment $ 6,600.0 0 , Judgment Costs $ 123.50 Interest on Judgment $ .00 Attorney Fees $ . 00 Total $ 6,723.50 . Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total -- $ ---------- PARTY 21 - ANY E ROH'T L yVITIJIN q0 DAYS AFTER:THE E FtYxQF, JUDGMENT PV FILING A NDTIC?E _ OF APPEAL WIH TH OT ON APPE,.t, _ .. ,. _ OTARY/OLERK OF THE COURT OF COMM N PEAS, CIVIL 6IVISI6N. YOU MUST INCLUDE A COPJ#F-THIS NOTICE OF JUDGMENTfrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL, EXCEPT AS OTHERW PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COUR OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE i, A REQUEST FOR ENTRY OF SATISFACTION WITH THE. MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, ° SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. L T V if" A I certify that this is a true a4 dings cor I Date My commission expires first Monday of January, 2010 . AOPC 315-05 DATE. PRINTED: 5/12/06 11:43:24. AM F$sterial District Judge SEAL r U r ?f a ? x A N A O rim O? l 18=1 Tilli? rR ? • « 7 M1 ?VI S ? • - • V,lt2:ri dpi /k 10 F ti.• il}r?I??M L1?1 ?ifwis.?u' ????E `:.1 M M1DkETDWN PA 17057 Postage '.,5 t.ll,'SSr;:?? co Certified Fee, 1:3 Return Receipt Fee FI?c, ; , q r,l (Endorsement Required) I I7 ' O E • U I Restricted Delivery Fee . r-q (Endorsement Required) CC) f§ § NN Total Postage & Fees O C Sent TO I // C • r fi ... Q •- /?f74M ? I " r --- ., - N ------------- --- $freet Apt No, orPOBaxNO. prau8 ) 1 ,,. ---- 1 .... _ ., Crty, State, 21Rt4 irdd0e+?-? ?? / 70 5 PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN 7EN (10) DAYS AFTER filing of the not a of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I seitied a copy of the Notice of Appeal, Common Pleas -?99 , upon the (date of service) j j,_ , 200 ® by personal servil sender's receipt attached herwo. and upon the appellee, (name) QI mA[, 2-t_06 ? by personal service sender's receipt attached hereto. (SWORN) (AFFIRMED)AN SUBSCRIBED BEGOR ME Signature of official before whom affidavit was made P\ 114nALI P-LL Wl0 Title of official My commission expires on NOTARIAL SEAL ?y, ALOIAP BREWBAKER.NOTARYPRANII' cat"som ow6m mldcotirk My t•,ommisskv" FxpireeApd14.200? Justice designated therein on ? by (certified) (registered) mail, IlTCe A-i4 \.--. T .on by (certified) Signature of affiant , q r' n F n w roQ m _ C ? - N COURT OF COMMON PLEAS Judicial District, County Of DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. LLYL-nL tJ , ; J , NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. TO CV - 0 L70 (Do1-1 3- )(, This block will be signed ONLY when this notation is required under Pa. If appellant was claimant (see ra. mt;j-.u.d. rvo. ruur(o/ in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a DisMct Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. Sgn&W aPmdw,mterywD" NOTICE OF APPEAL FROM PRAECIPE: To Prothonotary `,. Enter rule upon r i A. ?+? G Name of ap appellee(s), to file a complaint in this appeal (Common Pleas No. 4 L - e? 9 9 3 Gi J I )within twenty (20) days after service of rule or suffer entry of judgment of non pros. ? ? Slgpet ant or elromey a spent RULE: To appellee(s) Nameaaowxeelsee) ?r (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20)aPeys agar tad data of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , 20 SI I?Pmmo?nw ,F elY? YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH !O FUCE OF A PPEAL, ttt??///{{ AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW-APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE Notice of Praecipe to Enter Judgment of Non Pros To: KIM, K1,5AM ?5mysmT (Plaintiff) Date of Notice: a( I dI I do 06 co--" AAA WO : 66 -.1193 C (V i Q EMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. 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. Peter K6'-? / A FSRST Name of Office 6So6 644a Fire, /11P[l wi 5?? PA no-so Address of Office 7f7-1-91-j7-?7 Telephone number Signature of Defendant 650& Cm OrnDL e KL (YIe lwtczYy? PA 17b5d Address M1 M1 M M M M .A IL 0 0 O O r9 Co 0 -0 O C3 N ?"' ::) n ? .n .-i t. ""-n r:: ? ? r?, -r,_ ?.?, ;j;'; N -', ,= r n ?,:;a =?s G .-._ :-_. P COMMONWEALTH OF PENNSYLVANIA CUMM13ERLAND COUNTY COURT OF COMMON PLEAS PLAINTIFF: KIM, KISAM & SANGMI v. No. 2006-02993 DEFENDANT: KHOURI, PETER & AUTO FIRST CIVIL COMPLAINT COUNT I: BREACH OF CONTRACT The above named plaintiffs ask judgment against defendant for S 7,483.94 together with costs and interest upon the following claims: 1. Plaintiffs are citizen of Republic of Korea with their temporary residence at 2208 Georgetown Road, Middletown, PA 17057. Plaintiffs have been residing the address since April 1, 2002. Currently, plaintiffs are seeking political asylum in U. S., which is in pending for more than two years. 2. Defendant, Auto First, is a used car dealer shop with its place of business at 4610 Trindle Road, Camp Hill, PA 17011, and Mr. Peter Khouri is the owner of the business. Recently, defendant moved its place of business to 6506 Carlisle Pike, Mechanicsburg, PA 17050. 3. This complaint is being timely filed, having been filed less than ten days after Notice of Praecipe to Enter Judgment of Non Pro, which was issued on June 22, 2006. 4. The underlying suit is that plaintiffs seek damages from defendant as a result of defendant's breach of contract, as is set forth in details below: (a) Plaintiffs purchased 1998 Toyota Camry, VIN 4TIBG22KOWV231542, from defendant on May 31, 2004. Defendant, Peter Khouri, agreed that the vehicle would be covered under the "30 days" warranty. (b) The contract was prepared while plaintiffs were in test-driving. Dispite defendant agreed to give "30 days" warranty, the actual warranty clause in the contract provided that "50150 at our garage, 30 days, engine & transmission only". (Exhibit A: Copy of Contract) (c) The actual contents of the warranty clause were not explained to plaintiff at the time of the execution of the contract. The warrant clause, which was hand-written by defendant, was so illegible that plaintiff did not notice of its existence until far after the dispute. (d) On or about June 18, 2004, the vehicle failed completely on the highway. Plaintiff asked defendant to fix the vehicle, because the engine broke down during the period of warranty. (e) Defendant refused to repair, saying that the warranty was satisfied. Defendant contended that the warranty clause indicates that "50150, 1,000 mile or 30 days whichever comes first", which was not shown on the contract. (f) Plaintiff filed a suit on October 7, 2004 and both parties reached a settlement on February 14, 2005. In the settlement, plaintiff agreed to be responsible for the parts and defendant agreed to burden the labor charge. Plaintiff requested to put a new engine instead of the used one. (g) However, the settlement was broken due to defendant's breach of agreement. In spite of plaintiff promised to pay $ 2,899 for the engine, defendant refused to fix, requesting to pay $ 3,500 in advance. The price of new engine at the certified Toyota dealer shop was $ 2,599 - $ 2,899. (Exhibit B: Hand-written Estimate of Toyota Dealer Shop) (h) Defendant brought a suit on September 28, 2005 against plaintiff for collection of storage charges in the amount of $ 5,436. The District Court 09-3- 04 decided the case on December 19, 2005, and entered judgment for plaintiff. Defendant did not appeal. (Exhibit C: Decision of M. D. J.) (i) On January 18, 2006, plaintiff filed a suit against defendant for the amount of purchase price of the car, $ 7,483.94. District Judge decided the case on May 12, 2006, and judgment was entered for plaintiff in the amount of $ 6,723. Defendant appealed the case on May 24, 2006. (Exhibit D: Decision of M. D. J.) COUNT II: FRAUD AND DECEIT 1. Plaintiff, Kisam Kim, is a former South Korean government official. In his tenure, he had a chance to study U. S. Law for one year at Dickinson School of Law in Carlisle in 1997 -1998. Plaintiff cherished so many good memories in Carlisle that he moved to this area again in 2001. 2. After dealing with defendant, plaintiff has been suffered from series of fraud, deceit and abuse made by defendant. Plaintiff had been experienced anguish and despair because of defendant's conduct for more than two years. Fraud, deceit and abuse made by defendant include below, but not limited: (a) As explained above, even though defendant agreed to give "30 days" warranty at the time of contract, he put additional limitation condition clause in the contract without any explanation to plaintiff. (b) Defendant even confirmed the "30 days" warranty right after the contract. When plaintiff claimed that rear left window of the car did not work properly, defendant commented that the "30 days" warranty did not mean "bumper to bumper", but only for "engine". (c) Defendant contended, in his answer to Bureau of Consumer Protection on September 10, 2004, that " Mr. Kim indicated in his letter that the car ran for two weeks without any problem...... has refused to adhere by our advice not to use the car before resolving the problem." (Exhibit E: Copy of Letter) (c) In reality, plaintiff claimed several times that the car had serious defection in it. Right after the purchase, plaintiff found that the engine oil sign was on and off during the driving. Plaintiff promptly notified the problem and defendant allegedly fixed the problem. e) On or about June 17, 2004, plaintiff dropped by dependant garage on his way to Washington DC because he thought the engine still had the same problem. Plaintiff expressed the concerns about the seriousness of the problem. But, defendant did not make any advice about it. (f) The mechanic of the defendant garage inspected the car and added two and half carton of engine oil, asking plaintiff to bring the car next Monday for further inspection. At the time, defendant tried to assure plaintiff, who did indicated the worry of long distance driving, saying "It would be no problem." (e) In the same letter, defendant added that "Mr. Kim ...used obscene and propane language.", which was not true. Even though plaintiff raised his voice, he did not used obscene and propane language. Plaintiff just yelled defendant, blaming "You almost killed me on the highway." (f) On the contrary, it was defendant who abused plaintiff. When plaintiff and mechanic of defendant garage did not agree about the price of the engine, defendant abruptly snatched the phone from the mechanic and called plaintiff's name using propane language. That telephone call was the end of communication between the parties. (g) Defendant's mechanic contended that the price of engine was $ 3,500 because there was additional part to buy such as seals and belts, etc. However, The Toyota dealer shop confirmed that all the seals and belts came with new engine, and there was no other parts to buy other than engine. COUNT III: DESTRUCTION OF JUSTICE In the process of this lawsuit, plaintiff found that defendant is committing destruction of justice, serious criminal activities, which is set forth as below: 1. In early June, plaintiff was told from a clerk of M.D.J. office that defendant appealed for the can. Plaintiff was waiting for some sort of notice from court or defendant. No notice was delivered to plaintiff. 2. In early June 2006, plaintiff received a certified mail from defendant. It was a plain letter requesting to pay the parking charge. Plaintiff threw away the letter, wondering why defendant sent such a useless mail. On June 22, 2006, plaintiff received another certified mail from defendant. The content of the mail was almost same as before. (Exhibit F: Copy of Letter) 3. On June 24, plaintiff visited Cumberland County Prothonotary's Office to check the status of the case. To his surprise, plaintiff found that Notice of Appeal and Notice of Praecipe to Enter Judgment of Non Pro was already proceeded by defendant. 4. Plaintiff checked at the Middletown post office. After plaintiff confirmed the exact day and time of delivery of the certified mail, it seemed obvious that defendant deliberately delivered the false certified mail to plaintiff to derive a default judgment by blinding plaintiff. (Exhibit G: Confirmation Notice) Therefore, plaintiffs respectfully request this Honorable Court to enter judgment in favor of plaintiffs and against the defendant in the amount of $ 7,483.94, together with costs of this action, and such other relief as the Court deems just and proper. l ? IC J-- Signature of Plaintiff a EXHIBIT w a A a PURCHASE ORDER FOR NAME Dnre !a5 ? NEW or sLl USED 1:1 DEMO El CAR El TRUCK BRAND •: "? f + ; y -v ! tel. YR. MAKE MODEL TYPE COL /' TRIM MILEAGE STREET { ( QTV STATE 21P ? Nt JJMMM?m STOCK NO. SALESMAN E IV PHONE PHONE RES. '.? 6Ua . 20 • APPLICABLE t?tiiG OF VNIfSLE v a YR. MAKE MODEL TYPE COLOR TRIM MILEAGE TRLE NO. PLATE NO. EXP. DATE OWNER LOANN LIENHOLDER PHONE .y AODRESS SPOKE WITH 'h 1y'? V 10, r l r`w i.S. AMOUNT GOOD TILL VERIFIED BY INSURANCE INFORMATION EN TYPE f' WA "4 rd; r. ?i t A.H?E ? ?s kr r jira fi r3 x.* : MICAS 8 ;e NIT i s MO - ? ; _ r $ f, t} ii ? 4 Cash Price of Vehicle 8 Accessories + v-P , ?s ?! ; +? Sales s Tax Do lalp EDDDTa E r, •f. f . j f i f,V REQI^sTRATiDTJ Tl E TRANSFER ENCUMBRANCE .. i fif y .i'•: t r ? Dopya"MHED ' Documentary Fee J V k .. . ,. .'..i r it L, P: DATE VERIFIED a'(.:e s- Messenger. Fee . .:. - k _ .. Notary Fee '.« WARRANTY INFORMATION >.+ ?FACTORV WARRANTY . The factory warranty constitutes all of the warranties with respect to the sale of this item/Rams. The seller hereby, expressly disclaims all warranties, either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose, and the seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of this item/items. ? USED CAR WARRANTY - Used car is covered by a limited warranty detailed in a separate document ? AS IS -This motor vehicle is sold "AS IS" without any warranty either expressed or implied. The purchaser will bear the entire expense of repairing or correcting any defect that presently exists or that may occur in Total Price the vehicle. - ?- PURCHASERS -iit ; Trade-In SIGNATURE X USED CAR CONTRACTUAL DISCLOSURE STATEMENT •Psyaa Amount Less Payoff THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS Is Subject To VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE Verrill Net Trade In WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT E . Deposit If you cancel this purchase agreement or refuse to take delivery of the vehicle - -? f ` f (i f ordered, except as permitted by law, you shall, at our option, forfeit as damages ' Cash on Delivery U_ { l the amount of $ x 'y ? ` " ° Nt . beposii + Cash on _ Total Down Payment T d D PURCHASERS; , ; ; I . ra e elivery ; .. F SIGNATURE P? Weser hereby acKRewledges m,he above clause. Unpaid. Balance of Total Price Purchaser agrees that this order includes all of the terms and conditions on both the face and reverse side hereof, that this order cancels and supersed s any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the subject matters covered hereby. This order shall not become binding until accepted by the dealer or his authorized reoresentative_You the buyer may cancel this contrac t and receive a full r_elund any time before receipt of a copy of this contract signed by an authoriz ed dealer representative by_raiyj%g written notice of cancella tion to the dealer. Purchaser by his execution of this order acknowledges that he has read its terms and conditions and hassedeived a true cop z.f this order. PURCHASER'SiGis ` t n i ?? ate. SIGNATURE X {iP1t DATE ! C' ACCEPTED BY x' / t DATE si / f HI$AUT PR ENTATIVE STANDARD TERMS AND CONDITIONS t. As used in this Order the term (a) "Dealer" 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 under stood 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. 1 Buyer agrees to deliver to Dealer satisfactory evidence of title to any used motor vehicle traded hereunder at the time of delivery of such motor vehicle to Dealer. Buyer warrants any such used motor vehicle to be his property free and clear of all liens and encumbrances except as otherwise noted herein. 3. Manufacturer has reserved 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 change by Manufacturer, Dealer shall have 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 the 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 taxes, 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 therefor. 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 a law or regulation of the United States or The Commonwealth which: requires the additions 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 manufacture. nn%a?,nn? No. rr .. . 00 A PA TITLE NUMBER (AS SHOWN ON ATTACHED TITLE) MAKE OF VEHICLE MODEL YEAR PURCHASE ^ PRICE (See note on revered) / c ice a o . v su VEHICLE IDENTIFICATION NUMBER CONDITION It ? ? LESS TRADE-IN G000 FAIR POOR B LAST NAME (OR FULL BUSINESS NAME) FIRST E MIDDLE INrrIAL TAXABLE i f AMOUNT ?/• rn GOSELLER 1. Sales Tax Due X6% z 7% ?0 O67? or / -? • (,( J See We on reverse). / C LAST NAME (OR FULL BUSINESS NAME) FIRST NAME MIDDLE INTIAL DATE ACQUIRED/ EM I ' ..? PURCHAS v CO-PURCHASER STREET COUNTY CODE 2 Title Fee CITY .STATE ,..? ZIP CODE REFER TOOOUNTY CODES f j w LISTING ON REVERSE SIDE S. Lien Fee OF PINK COPY D LAST NAME (OR FULL BUSINESS NAME) FIRST NAME MIDDLE INITIAL ED/ PUR . CHASED y, Registration or -- /, Processing Fee CO-PURCHASER aeeWll?a?r ..: i ;9 ... .. 2 2 T STREET COUNTY CODE 5. Dupllwte Reg I 8 Fee i R No. of Cards 2 CITY STATE ZIP CODE REFER TO COUNTY CODES US MI ON REVERSE SIDE 6. Transfer Fee OF PINK COPY E MAKE OF VEHICLE VEHICLE IDENTIFICATION NUMBER ' v. V 1 I 7. Increase as y ? 7 ?' U r MODEL YEAR BODY TYPE (CP, TK, ETC.) " CONDITION L V I? - ? ' ? 8. Replacement Fee l/ e GOOD FAIR F' 18008 8 F. ORIGINAL PLATE ? Check One ? TRANSFER OF PREVIOUSLY ISSUED PLATE TOTAL PAID e. 10. ? PLATE TO BE ISSUED BY ? TRANSFER & RENEWAL OF PLATE (Add 1 thru 8) BUREAU (PROOF OF IN- ? TRANSFER & REPLACEMENT OF PLATE Send One SURANCE MUST BE AT- TACHED.) [j TRANSFER OF PLATE & REPLACEMENT OF STICKER 11 GRAND TOTAL Check y m / -r / ? EXCHANGE PLATE TO BE (Add 9& 10) This A ount % • ? ISSUED BY BUREAU + REASON FOR REPLACEMENT ?LOST ? DEFACED ? STOLEN ? TEMPORARY PLATE EXPIRES NEVER RECEIVED (LOST IN MAW p ISSUED BY FULL AGENT Month Year NOTE: If "NEVER RECEIVED" block is checked applicant must complete Form MV-66. pF .TRANSFERRED FROM TITLE NO. VIN V A {? e af+. 1` v SIGNATURE OF PERSON FROM SIGN HERE RELATIONSHIP TO APP CA . MfA.AFk NO ]WHOM PLATE IS BEING TRANS LI NT , ;,. ; FERRED (IF OTHER THAN APPLICANT) VEHICLE PURCHASED GVWR UNLADEN WEIGHT REQ. REG. GROSS WT REQ REG GROSS COMB WEIGHT INFO. IF APPLICABLE INCLUDING LOAD . . . WT. (IF APPLICABLE) INSURANCE COM NV NAME 1 i J POLICY NO fOR ATTACH BINDER POLICY EFFECTIVE POLICY EXPIRATION .1 , ) DATE DATE - 1, ISSUING CERTIFY THAT ON MONTH DAY i YEAR ISSUING AG (PRINT NAME) AGENT N0. AGENT HAVE CHECKED TO DETERMINE THAT THE VEHICLE IS INSURED AND ISSUED TEMPORARY REGISTR T % '-! INFOR- MATION A ION TO THE ABOVE APPLICANT, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE VEHICLE CODE ISSUING AGENT SIGNATURE .. TELEPHONE NO. AND DEPARTMENT REGULATIONS. ? _ , , .?•"+°? y. f -- (, , ' ( - I G /WE CERT IFY THAT EVVE HAVE EXAMINED AND SIGNED THIS FORM AFTER ITS COMPLETION AND THAT THE INFORMATION GIVEN IS TRUE AND CORRECT. IF AN EXEMPTION IS CLAIME D, THE PURCHASER FURTHER CERTIFIES THAT HE/SHE IS AUTHORIZED TO CLAIM THIS EXEMPTION. VWE ACKNOWLEDGE THAT I/WE MAY LOSE MY/OUR OPERATING PRIVILEGE( S) OR VEHICLE REGISTRATION(S) FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY ON THE CURRENTLY REGISTERED VEHICLE FOR THE PERIOD OF REGISTRAT ION. I/WE ACKNOWLEDGE THAT I/WE MAY BE SUBJECT TO A FINE NOT EXCEEDING $5,000 AND IMPRISONMENT OF NOT MORE THAN TWO YEARS FOR ANY FALSE STAT EMENT THAT I/WE MAKE ON THIS FORM. Signature of First Purr ser or Authorized Signer TELEPHONE NUMBER SignatumofSe? er o 1ST ( - .'t ASSIGN- MENT Sgnature of Co-P Umhaser/Title of Authorized Signer u ller Signature of Second Purchaser or Authorized Signer TELEPHONE NUMBER E 2ND ASSIGN- ( 1 MENT Signature of Go-Purchaser/Ttle of Authorized Signer ller H. NOTE: If a co-purchaser other than your spouse is listed and you want the title to be listed as "Joint Tenants With u1F Right of Survivorship" (On death of one owner, title goes to surviving owner.) CHECK HERE ?. Otherwise, the title RF will be issued as "Tenants in Common" (On death of one owner, interest of deceased owner goes to his/her heirs or SRff estate). NOTE: IF THE VEHICLE IS TO BE USED AS A DAILY RENTAL OR LEASED VEHICLE, CHECK THIS BLOCK ? . IF BLOCK 15 CHECKED, COMPLETE AND ATTACH FORM MV-IL. h your m istration documents are not received is hln 90 days, please contact PennDOT 3. APPLICANT'S COPY/TEMPORARY REGISTRATION (VALID FOR 90 DAYS) MESSENGER NUMBER: Q 1 i ct& C ? z, Ij--- ` ' LOVIUCCL i 2519 PC, ?28110`' L)54ZD CL ? lgoo9 co ?2oi7`° 1 Oo© .do Harrisburg TO®TA CHRYSLER Q Bob Patterson Service Writer Jeep 6060 Allentown Boulevard 717-545422& Harrisburg, PA 17112 717-652.3660 www.hartrnancars.com Fax 717-545-9042 EXHIBIT ALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT F: CUMBERLAND CIVIL CASE C 09-3-04 PLAINTIFF: NAME and ADDRESS rAUTO FIRST/KENNETH COLLISION, 111 7 4610 TRINDLE ROAD ONAS A. PLACEY CAMP HILL, PA 17011 Acidness: 104 S SPORTING HILL RD L J MECHANICSBURG, PA VS. DEFENDANT: NAME and ADDRESS Telephone : (717 ) 761-8230 17050 rKIN, SANG NI 2208 GEORGETOWN ROAD MIDDLETOWN, PA 17057 L J SANG NI XIM 2208 GEORGETOWN ROAD Docket No.: CV-0000528-05 MIDDLETOWN, PA 17057 Date Filed: 9/28/05 THIS IS TO NOTIFY YOU THAT: - Judgment: FOR DEFENDANT ® Judgment was entered for: (Name) wTu, t:sua MT ® Judgment was entered against: (Name) AUTO FTBST/ x:or:ar:eTg o ..TRON' N in the amount of $ -an on: (Date of Judgment) 12 /'I 9 /e5 Defendants are jointly and severally liable. ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) Amount of Judgment $ 0 .0 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees 0 $ .0 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total ----- $ ------- ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTRRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - 0 cfj • ?r P -al y D5 Date MAgiste'rial District Judge 1 certify that this is a true a d correct co the .reco[d of g p(ooceedings containing the judgment. 12-14 os Date -?- Magisterial District Ju=dge . My commission expires first Monday of January, 2010. SEAL AOPC 315-05 DATE PRINTED: 12./19/05 9t59:40 AN AUTO FIRST, V. Plaintiff SANG MI KIM, Defendant District Court 09-3-04 CV-0528-05 SUMMARY OF FACTS Defendant is the registered owner of a 1998 Toyota Camry from Plaintiff, a used car dealer. The car was purchased and routinely used by Plaintiffs husband. The car broke down within thirty (30) days of purchase and was ultimately taken to Plaintiff's location where it has sat unrepaired since July 2004. A suit for repairs was filed against Plaintiff in October 2004. This was settled by the parties in February 2005 with the agreement that Defendant pay for parts and Plaintiff was to provide the labor. To date the repairs have not been performed as Plaintiff requires that the parts be paid for in advance of the service. Defendants husband disputes the cost of the parts based on information provided him from other sources. Plaintiff brought this suit for collection of storage charges in the amount of $5436.00. It will be able to get title to the car and recoup damages after it resells the will be repaired car. DISCUSSION The burden in every civil case is on a plaintiff to show that a defendant has breached an owed duty, which has resulted in measurable damages. In non legal terms this case is about the chicken or the egg theory, which came first. Is it Defendant's duty to pay for the parts first or Plaintiff's duty first repair the car? Applying the possessory lien laws it is the service stations duty to repair the vehicle, which it then need not return until paid in full or reaching a satisfactory payment agreement. Plaintiff has not done so; therefore, Defendant's duty to pay has not arisen. Plaintiff is not entitled to judgment. It is noted that no judgment is made on the proper costs for the parts. If there is a dispute after application of the possessory lien laws it is noted that this may subject the mechanic to enforcement penalties under the Unfair Trade and Consumer Protection Laws, if proven that the mechanic engaged in price gouging. These issues are not properly before the Court nor has any evidence of it been presented. Judgment is on favor of Defendant with the costs on Plaintiff. The parties have previously been advised of their appeal rights and the original exhibits have been returned to the presenting party. By the Court, 19 December 2005 Thom A. lacey M.D.J. EXHIBIT EALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT F: CUMBERLAND CIVIL CASE PLAINTIFF: NAME and ADDRESS ID 09-3-04 rim SISAL[ & SANGNI 2208 GEORGETOWN ROAD ONAS A. PLACEY MIDDLETOWN, PA 17057 Add+ea: 104 S SPORTING HILL RD L J MECHANICSSURG, PA VS. DEFENDANT: NAME and ADDRESS Telephone: 117 ) 761-8230 17050 rSHOURI, PETER, ET AL. 4610 TRINDLE ROAD AUTO FIRST LCANP HILL, PA 17011 J SISAN & SANGNI SIN 2208 GEORGETOWN ROAD Docket No.: CV-0000043-06 MIDDLETOWN, PA 17057 Date Filed: 1/18/06 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) wTY _ rTAAW s ruff r I-XI Judgment was entered against: (Name) ,earn FTAQT in the amount of $ 6, 723 _ Rn on: (Date of Judgment) 5/12/n6 Defendants are jointly and severally liable. (Date & Time) E Damages will be assessed on: 1-1 This case dismissed without prejudice. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHTTO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 61124 Cr-' Date ?'/• I certify that this is Qti 2 LL Date My commission expires first Monday of January, 2010 Magisterial District Judge ings containing the judgment. , Magisterial District Judge SEAL AOPC 315-05 DATE PRINTED: 5/12/06 11:44:10 AN KISAM AND SANG MI KIM, Plaintiff ,.,,ermd4a? V. PETER KHOURI AND AUTO FIRST, District Court 09-3-04 Defendant I CV-0043-06 SUMMARY OF FACTS This is the third civil case filing between these parties involving a repair dispute over the exact same vehicle for the exact same reasons. The facts have not changed. Plaintiff Sang Mi Kim is the registered owner of a 1998 Toyota Camry that was purchased from Defendant Pptor Khouri: whn dnpc husiness as Auto First. The car was. purchased and is routinely used by Plaintiff Kisam Kim. The car broke down within thirty (30) days of purchase and it was ultimately taken to Defendant's business location, where it has sat unrepaired since July 2004. An initial suit for repairs was filed by the Kims in October 2004. This was settled by the parties in February 2005 with the agreement that Khouri perform the repairs with the Kims paying for the parts. To date the repairs have not been performed as Khouri requires payment for the parts in advance of performing the repairs. The Kims dispute the cost of the parts based on information from other part sources. Stalemate. The second filed suit in which Khouri requested storage fees amounting to the value of the car was found in favor of the Kims. This second case has not been appealed or otherwise settled. Plaintiffs have brought this third suit for the purchase price of the car, $7483.94. The Court advised the parties that this decision would be made without further testimony and that the authority of this Court does not permit the directing of one side to repair or give up the title to the car. DISCUSSION The authority to grant the results requested by the parties lies properly with the Court of Common Pleas; however, no appeal of either prior case was taken to that Court. This Court, with its limited authority, is for a third time being requested to examine the merits and will do so much to all parties' dismay. The facts are Khouri is in possession of an unserviced car that he wishes to get off the lot. The Kims are out the monies paid for the car and are not giving a check for overcharged parts. This Court can not command Khouri to repair the car nor order the Kims turn over the title. The National Automotive Dealers Association (NADA) currently lists this general type of vehicle with an average retail price of $6600.00. This is the amount awarded to the Kims. This is not what either party wants but it reflects that Khouri has the car and after paying the Kims awarded amount he can do, repair or sell, as he wishes. Either party may appeal the decision to the Court of Common Pleas as previously indicated; however, a fourth case in this lineage shall not be heard by this Court. The case is either appealed, settled otherwise, or this judgment satisfied. Unless the facts change the parties will not get further response from this Court. Judgment is in favor of Plaintiff in the amount of $6600.00 together with the costs of this action. By the Court, 12 MaX_2006 _ . Thomas A lacey M.D.J. EXHIBIT w a J Q Auto First 4810 Trindle Road Camp Hill, PA 17011 717-730-9330 To: Bureau of Consumer Protection 301 Chestnut Street Suite 105 Harrisburg, PA 17101 Re: Sangmi Kim A003M_2004 3N85' Dear Mr. LeBlanc, Ar I'44r_ c. C IC' Oi;i,la?r?;, Fr?,r In reference to Mr. Kim's response, we, intact carry other national warranty companies, such as: "CARS", "Mechanic's Choice", and 'The Penn Warranty Company'. These companies offer extended warranty coverage. Since these are independent companies, we at Auto First are not affiliated with them in any way, shape, or form. However, we do offer them at an extra cost to the consumer. Mr. and Mrs. Kim were only interested in paying the least amount possible for the 1998 Toyota Camry, which by the way got an excellent deal on. They also opted not to purchase the extended warranty because of the extra cost. So, Mr. Kim was left with our own 30 day or 1,000 mile 50/50 warranty, which is on his paperwork he received at the purchase date. Mrs. Kim is right, we did explain to her and her husband that what we gave them was 50/50 30 day or 1000 mile what ever comes first warranty, which is not in fact bumper to bumper warranty. Mr. Kim indicated in his letter that the car ran for two weeks without any problems. Obviously, the problem with the car had developped after the two week period that the Kim's had talked about. Later, Mr. Kim had refused to adhere by our advice and not use the car before resolving the problem. Mr. Kim came back to our store on or about June 23rd or 25th and used obscene and profane language. Mr. Kim should blame no one but himself, for not adhering to our advice and not driving the car to Washington D.C. . We are very sorry about Mr. Kim's situation, but we have no liability since this problem was caused by Mr. Kim's refusal to leave his car and have it checked thoroughiy. Sincerely, / Peter KJ?/????? EXHIBIT h AUTO FIRST 3310 Walnut St Harrisburg, PA 17109 Dear Mr & Mrs. Kim, This letter is in regard to a 1998 Toyota Camry which is being stored at our facility. Please make arrangements to take your car from our property. You have 15 days to do so. You can call us at 909-3838 to do so. Thank you for your cooperation. Joe Khouri EXHIBIT 3CKVA.C 0 LI Date: 06/26/2006 Dear Postal Customer: The following is in response to your 06/26/2006 request for delivery information on your Certified item number 7006 0810 0002 6338 2471. The delivery record shows that this item was delivered on 06/01/2006 at 8:08 am in MIDDLETOWN, PA 17057. The scanned image of the recipient information is provided below. Signature of Recipient: ( (? (C? sa K, Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service Direct Query - Intranet Track/Confirm - Intranet Item Inquiry Item Number: 7006 0810 0002 6333 3787 This Item was delivered on 06/22/2006 at 11:19 too" ? Signature: r Address: L?O Enter Request Type and Item Number: Quick Search ® Extensive Search Version 1.0 Inquire on multioieitems. Go to the Product Tracking System Home Page. http://pts.usps.gov/pts/imageView.do Page 1 of 1 6/29/2006 VARWICATION I, Kisam Kim, hereby verify that I have read the foregoing Complaint and that the statements therein are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein made subject to the penalties of 18 Pa.C.S.A.Section 4904, relating to unswom falsification to authorities. Date: Ju I H COL) ?C, Y-L' 1V Kisam Kim KIM, KISAM & SANGMI, Plaintiff V. KHOURI, PETER & AUTO FIRST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006-02993 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filling 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 right 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Comberland County Bar Association 32 South Bedford Street Carlisle, PA 18013 717-249-3166 CERTIFICATION OF SERVICE I, Kisam Kim, hereby certify that I did this Q day of June, 2006, serve a copy of the foregoing Complaint upon the following by first-class U.S. mail, postage prepaid: Khouri, Peter & Auto First, 6506 Carlisle Pike, Mechanicsburg, PA 17050 Kisam Kim C 4 .. COMMONWEALTH OF PENNSYLVANIA CUMMBERLAND COUNTY COURT OF COMP40N PLEAS PLAINTIFF: KIM, KISAM & SANGMI V. No. 2006-02993 DEFENDANT: I(HOURI, PETER & AUTO FIRST PROOF of SERVICE m (Domestic Only : Pro vided) N o nEQH1EEern !A X04 A L (1 S E M Posaw a $1.11 -a $2 40 . C3 =R SI.SS 0. ru lleatrkled Daman rw ?,me.mwd liegehstl) 50.00 a cn ti w Z D r:1 TOW Posta e a Fen $ $5.36 07f ? g b Ln o a c? aPDemr Ma ¦ Complete ite ne 1, 2, and 3. Alec complete & lws A. Item 4 If ReetrIeW D*.Wy Is dealred. ¦ Print your name and addras on the reverse X O Addmsae so that vve can reWrn the cad to you. ¦ Attach this cad to the beck of the meilpisce, g, by ( led rM4y C. Date iv«y 7 or on the from M specs permits. a a lt dXl l? 13 Yes enl aa om D. Is delivery atldiaee t. &dols Addressed to: Io uri,Per$ a YEB, enter deovery address below ? No ,, 6t-06 CfrrhSje P1*e , AeC 0,h,'C.sW , PR l'loS? u0srummax a D? ? ane,a.,dbe O 4. Restricted Deavery! (Ekes Fay 0 Yes 2. Article Number 7005 1820 0006 3015 2848 maraMeomauvks P3 Form 3811, Febmay 21304 Damasao Assam llaoa4' 1025e54arn-1540 i t ,7 '?? ?i ! ? e a t _ ? ,?': .. .,. ' { ii i.. ?y l J r? C:? ? .) v -p cry .-t ? __ r:, f;;' -. KIM, KISAM & SANGMI, Plaintiff a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2006-02993 KHOURI, PETER & AUTO FIRST, Defendant 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 filling in writing with the court your defenses or objections to the claims set forth against you. You are waned 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 right 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Comberland County Bar Association 32 South Bedford Stmt Carlisle, PA 18013 717-249-3166 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS PLAINTIFF: HIM, KISAM & SANGMI V. DEFENDANT: PETER KHOURI / AUTO FIRST ANSWER TO COMPLAINT ANSWER TO COUNT I : No. 2006-02993 Defendant Auto First is a used car dealership with three locations in the Harrisburg Metropolitan area: i. 6506 Carlisle Pike, Mechanicsburg ii. 4035 N. Front Street, Harrisburg iii. 3310 Walnut Street, Harrisburg Auto First has a flawless record in the automotive field in both sales and service. 4. a. Agreed - Denied Plaintiff purchased vehicle and was covered under thirty (30) day 50150 warranty where dealership and buyer would share cost of repair. (exhibit A, Plaintiff b. Denied Contract was prepared while Plaintiff was present. Contract was indeed prepared while Plaintiff was present, and was signed at two (2) places. (exhibit A, Plaintiff C. Denied d. Agreed - Denied On or about June 18, 2004, Mr. Kim came to our garage and indicated to us that smoke was coming out of the muffier intermittently. Our head mechanic, Ira Weaver, and myself, told Mr. Kim that this may be an indication of a serious problem and he should leave the car at our COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS garage, so that the problem could be check out more thoroughly. Mr. Kim did not and said he had to go to Washington D.C. that night. Thus, Mr. Kim was negligent in adding to an existing problem. e. Denied Auto First did not at any time, refuse to honor the 30 day 50150 warranty. f Agreed g. Denied Per Mr. Kim's own words (paragraph f of Plaintiff Complaint), Auto First agreed to provide labor as our burden of the agreement. We never objected and never got involved in the pricing of this engine. The agreement was to install (provide labor only) whatever Mr. Kim wanted replaced. Mr. Kim broke the agreement by never showing up. h. Agreed Through months of no response from Mr. Kim, we filed with the District Justice because we had to vacate our property by January of 2006. i. Agreed District Justice Placey was erroneous in his decision, citing that Auto First was over charging Mr. Kim. Mr. Placey had no basis for his decision as we never provided an estimate for repair. And per Mr. Kim's settlement agreement (exhibit B, and paragrgph f of Plainti„ f'Complaint) we were to provide labor only. ANSWER TO COUNT II a. Denied b. Denied Warranty was for Engine and Transmission only 50/50 at our garage. C. Agreed d. Denied Plaintiff never brought vehicle in prior to June 17, 2004. e. Denied Plaintiff contributed to the severity of the problem, but still Auto First would honor the warranty settlement agreement to provide labor. f. Denied COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS g. Agreed Plaintiff by his own admission yelled, and used profane language in fluent English, where as at the District Justice hearing he was accompanied by an Interpreter. h. Denied Auto First was never involved in the price of the engine. Per settlement agreement, Auto First was to provide labor, Mr. Kim never came through with his share of the responsibility. g. Denied ANSWER TO COUNT III a. Denied b. Denied All paperwork regarding civil appeal were properly sent. C. Agreed d. Denied Plaintiff was served properly. COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS IN SUMMARY Auto First sold Mr. Kim a 1998 Toyota Camry with a 50/50 warranty at our garage (exhibit A). Although Mr. Kim was negligent by not committing the car to our garage immediately. We still responded positively, and till today, we still invite Mr. Kim to adhere to the settlement agreement (paragraph f of original complaint). Mr. Kim may bring his parts, and we will install it at no cost. 2. Mr. Kim and through his attorney Andrew C. Spears, agreed to a settlement, which was breached. (exhibit B) 3. Through all of this, Mr. Kim never responded to our concerns about his car. We also continued to inform Mr. Kim that we can not keep the car on our property forever. 4. Mr. Kim filed a complaint with the Office of Attorney General (exhibit C), and never followed through. 5. The Office of Attorney General was satisfied with our response and cooperation. (exhibit D) IN CONCLUSION We at Auto First petition this court to strike the District Justice decision for the following reasons: 1. The decision did not take into consideration the settlement agreement, that Mr. Kim and his attorney had requested. 2. The District Justice decision that Auto First overcharged Mr. Kim is baseless since we were only providing labor at no cost to Mr. Kim. Also, no estimate was ever given. 3. Today we still invite Mr. Kim to bring an engine or whatever he needs replaced to our business location, so we can perform the work needed. CERTIFICATION OF SERVICE I, Peter Khouri, hereby certify that I did this 18th day of July, 2006, serve a copy of the foregoing Answer to Complaint upon the following by Certified U.S. mail to: Kim, Kisam & Sangmi, 2208 Georgetown Road, Middletown, PA 17057. Peter Khouri CO M1 A n r- F) H4QIFG F% I ..D m Poemg. $ 0 COWWW Fee 0 0 tt? tt t ed (Endmee ment R ) O Reetdded Detlvary Fee (` (Entlpcement Required) ul ru row Postage It Feee Ln M1 t2. 0 0106 $1 5 11 Zf 40. 44.64 006 r?fi VARIFICATION I, Peter Khouri, hereby verify that I have read the foregoing Answer to Complaint and that the statements therein are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. 7/1Dol Peter Khouri Date EX?tI BTT -? Style # 1853 copyr m c im AutoUne 965M u lzrtv???? ? NEw « 99 USM ? DENO OCAR ? TRUCK eRAwo '? T wTE `" YK Mym TYPE C?ff oY•' to caay?/Z hrrAEEr lJ lw, Tar 7 a g GC,O/ N L? ISO 4 srocN rlO. . , dmlVtREO a+rXrAeour ISM LI 33 - s m MADE !F APPLI PRICE OF VEHICLE 6999 p? YR. ( TYPE /? 1 ??? 8 1G COLOR // V-? Tlsl MlEl19E ivv Luo 7 4 ENO. PL/.TE EXP.OATE arHER LOAN# PENHOLDER Phl«E SS SPOKE Vi J MIdIM IfOOOTILL VBtlFEDW BY /// r N'4 A S J/ rw,moPnoexr PROVE IN 'P V4 ADDRESS Cash Price of Vehicle & Accessories 6999' le oLroY mP#eERn cowsioR OEDUCTIeLE Saba Tax j,f?g[ P 7 o PSG6?l ?Fj. ?( 5,TRMSrFn MCUM?u? IN8IXUNCE CO. 3+ ? C] COPYATT?CHEO Documentary Fee f D Y? YE bPTE CJ / / EXP. MTE VERIFlED Messenger Fee - -' Notary Fee 3 0 .10c ? UM CAa WAWMrf -UeW curie c%*-W by a M Wewhwdy hW W n aMMO EOarl" ?ASS-lldrxebr «?rs "d0'as lS'WplaAarya?1W" aka srt m?r ewh«eh,PreeMd«inhpMd. i'he gxdaNr Wbeer#*Sfi sa whkbk1"e1a p+eenly mdse Or mryoomn rK Toff Prise e ? 4 p g me wade. P Fr Y D.? Trade-tin s ,a SIGNATURE X USED CAR CONTRACTUAL DISCLOSURE STATEMENT peyA Less Payoff ' THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS b Amy„ Net Trade In VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE PONTRAJ4 OF SALE Deport . if you cancel this purchase or reltuse to take delivery of the vehicle ordered, ehocePt as agreement dy or shah, at our option, forfeit as danagea Cash on Delivery • 01 1308 the arrhoum of 3L 71, Pu y/? Net? . deposit .' °A - Total Down Payment ??ory SIOTTUURE( _ d L JC ?• NA Unpaid Balance of ToW Price A"fitvj gR??e#erMIWY??MIWab6M tllore tlrwe. Purchaser agrees that little order Includes all of the terms and aondillorhs on both the We aid reverse side hereof, that this order cancels and sups s any prior agreement and as of the date hereof comprises the complete and exclusive Statement of the terms of agreement relating to the subject matters covered hereby. This order shall not become bkdim uMl! accepted by the dealer or his aut horized representadve.You the buyer may cancel this contract and receitie a ly,' refund time before receipt a copy of i gQntract signed authoriz ed dealer representative by Sbift writtpn i f cII a the deaiEr. ?.-. ?Ma ? this order. o„n.h.RCOr by hi. axecuton of this order acknowledges that he has read is terms and conditions and cvll i. ttHIGIT 6 I FAX 7172549478_. VIA FACSALE - M717374M February 14, 2005 The Honorable Tho nas A. Placey District Justice District Coua 09-3-04 104 S. Sporting Hill Road McchanicsbuM PA 17050 aWR&E HGB PA RE: Kisam Kim v. Peter Khoari, Auto First Dethet No.: CV-627-04 Dear District Justice Placey: b002 3211 Nab Front Street P.O. abxm Harrisburg, PA 17110-M 717-2X4)87 Fax: 717-234.9478 QMNLQIBM r4lor1W park Lancaster 717-652.7020 737.431.413; Medwicibura Mdkr*uq 717!41-3577 717.02-3$io Yolk 77 7isasM Please be advised that the above referenced matter has been settled and Mr. Kim wishes to cancel the hearing which is scheduled far Tuesday, February 15, 2005 at 1:15 p.m. in your office, If you have any questions, piesse do not hesitate to contact me. Sioccrely, METZOM WICKERSHAM, KNAUSS, & ERB, P.C. (.t.k Z? Andrew C. Spears ACSlomw oc: Pete KhourL Auto First (via facsimile - 717-730.9331) Kisam Kim (via Brat class mail) 33f1%t James R Cal Edward E Rruaw, nn Jared 4 truck Steven P. 1AM dark DeVae F W6J•Lafferty; rv David H Mardnesu ArMcew W. NImOW Andww C S Young-Stilt Koo euwt eenpaw irw ei 7 bid a.rMaAwoa4 6y ?. NeNnN9aM EXHISMT C OF PENNSYLVANIA RNEY GENERAL )F CONSUMER PROTECTION Sangmi Kim 2208 Georgetown Road Middletown, PA 17057 GERALD J.PAPPERT ATIORNEYGENERAL Harrisburg Regional office 301 Chestnut Street, Suite 105 Harrisburg, PA 17101 (717) 787-7109 August 3, 2004 Ref: Auto First, A-003485-2004 Dear Mr. Kim: The enclosed correspondence is.related to'your complaint filed with the Bureau of Consumer Protection. Please provide us with a written response'to this correspondence within fifteen (15) days of the date of this letter so that we may further evaluate your complaint. If we do not hear from you in a reasonable amount of time, we will assume that you do not wish to pursue the matter further. Thank you for your cooperation and attention to this matter. Very truly yours, 1WA'I .?l?C irn Ric P. LeBlanc Consumer Protection Agent ml Enc. 25C E?MtBtT D DF PENNSYLVANIA IRNEY GENERAL OF CONSUMER PROTECTION ".'. x ... s..r rv+ rrt'?'.":im wNCRF1t r-.vmspo GERALD J.PAPPERT ATTORNEY GENERAL Harrisburg Regional Office 301 Chestnut Street, Suite 105 Harrisburg, PA 17101 (717) 787-7109 October 8, 2004 Auto First 4610 Trindle Road Camp Hill, PA 17011 Ref: Sangmi Kim, A-003485-2004 Sirs: Please be advised that the Bureau of Consumer Protection has closed the above- referenced complaint. On behalf of the office of Attorney Gerieral we wish to thank you for your cooperation in this matter. Very truly yours, Ric P. LeBlanc Consumer Protection Agent ml 21D .-i c? C%l ct IZ -? C I{,SM TC?-SAr+ 1' S?vG'M? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 20 K 140 U RT R + I?ro RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ?tlie plaintiff/defendmw in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 7;t, Lit 3 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, x `("I u' ORDER OF COURT AND NOW, , 200___, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY T2 Wm1 269 OCT PH 2241 $M,oo pD ATry 1302A2T)4 o -t097 a51.33a r " r* It tK C t SAt mr vs k1?QuRt _ ?;T?R ?' l?t? O FS??r? Case No. 42LV;- dV?3 Statement of Intention to Proceed To the Court: KXSAM t Sq{*Ml 1(XM intends to proceed with the above captioned matter. Print Name ,«jpirA k3 ?m Sign Name X Date: Attorney for 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 Pennsylvania 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 mater, 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. "4 t 0 ? M Rrs*M * 5ftc m r IN THE COURT OF COMMON PLEAS OF U CUMBERLAND COUNTY, PENNSYLVANIA NO. 1 16 20 1 40 U RT R t :6r* Fxw : RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ? we -the plaintiff/dek4ider r in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is S The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, x L c.; cI- ORDER OF COURT AND NOW, I , 200 7 , in consideration of the fore ing petition, Esq., a n d G- AL., GC,?{ Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. B th Co , LAI EDGAR B. BAYLEY OF 4MTARY 2009 OCT -I PM 214 7 • . . ".. %n ,..?r???7 F I?Vtdrl`'??t?. ?,.? ,tom $ ay .oc pp A T*y 602 A Q.TI4 COL-1097 Rit 0151 3.301 ry?. cr: cn Y .ro a V W(7 , ?IC.y? Lr) LLI L CYI% :. 6 N (y} ' V ... ret%1 . KISAM KIM, ET AL., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PETER KHOURI, ET AL., DEFENDANT 06-2993 CIVIL TERM ORDER OF COURT AND NOW, this :1 **k- day of December, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. James D. Bogar, Esquire, Chairman, shall be paid the sum of $50.00. By the Edgar B. Bayley, J James D. Bogar, Esquire Court Administrator - 6?? t:u 4 L? :sal f Co anti c L 1 ,?./ 710? =/Y7 David D. Bueff Prothonotary F,irkS. Sohonage, ESQ, Soficitor 750 2"d Deputy Trothonotag Office of the Prothonotary Cum berfand County, Tennsykania Renee K. Simpson IS' Deputy T'rothonotary y` Z;; li Irene E. 9V orrow 016 -2993 CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, 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, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carfisle, P_.A 17013 • (717)240-6195 * Fa-?(717 240-6573