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Home My WebLink About01-1614COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT C 'L 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 mentioned below zip cooe CV 19 LTl9 lC)- o~ This black will be signed ONLY when this notation is required under Pa. R.C.P. JJ~. Nc~ 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cas~ Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAEClPE: ToProthcmotary ~,~L(~.,_.~C)~'~.~-(,.,,/~C Enter rule upon J.[ ~ ,J I~ C 'T~ ~ J ~.. I/~) , , appellee(s), to file a complaint in this appeal Name of appellee(s) (Commo~ Ple~s No. L~I -- !~ !/'-l/ (~0 ~'( ~""'~/2..~. ) within twenty (20) days after service of rule or suffer entry of judgmertt of non ~ Si~l~e o~ ame#ant or lws am~'~ey or ager~ RULE= To , ~dlee(s). %,/ I i, "l"~ (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 role 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. ~.: 0'~_ 2_0 .,,tf'zo. ol ~,c3~2-~ COURT FILE TO BE FILED WITH PROTHONOTARY TOMISLAV GLIGOREVIC, Plaintiff VS. JASIC DUSKO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. CIVIL 01-1614 : : CIVIL ACTION - AT LAW NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is hereby given that Jasic Dusko appeals from the award of the board of arbitrators entered in this case on June 17, 2002. A jury trial is demanded. I hereby certify that (1) the compensation of the arbitrators has been paid. YOFFE & YOFFE, P.C. Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 dus ko\appeal TOMISLAV GLIGOREVIC, Plaintiff VS. JASIC DUSKO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. CIVIL 01-1614 : : CIVIL ACTION - AT LAW CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served a true and correct copy of the foregoing Notice of Appeal on Robert S. Mirin, Esquire. Service was accomplished by depositing the same in the United States Mail, first class, postage prepaid and addressed as follows: Robert S. Mirin, Esquire 8150 Derry Street, Suite A Harrisburg, PA 17111 Date: July 13, 2002 YOFFE & YOFFE, P.C. Attorney for Defondant 214 Senate Avenuo, Su±te 203 Camp Hill, ?A 17011 (717) 975-1838 Attorney ID No. 52933 dusko\certsvc PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF- ; ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No, (date of service) , receipt attached hereto, and upon the appellee, (name) , 19~ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on . 19 · [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19__ , upon the District Justice designated therein on [] by personal service [] by (certified) (registered) mail, sender's , Signature of affiant Signature of official before whom affidavit was rr~ade Title of official My commission expires on COMMONWEALTH OF PENNSYLVANIA C"OUNTY OF: CUMBERLAND 09 -1-02 ROBERT V. MANLOVE 1901 STATE STREET CAMP HILL, PA Telep~ .... (717) 761-0583 17011-0000 JASIC DUSKO 210 STATE ST APT.# CAMP HILL, PA 17011 426 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FGLIGOREVIC, TOMI SLAV 242 BOSLER AVE LEMOYNE, PA 17043 VS. DEFENDANT: NAME and ADDRESS FDUSKO, JASIC 210 STATE ST APT.# 426 CAMP HILL, PA 17011 L Docket No.: CV-0000010-01 Date Filed: 1/18/01 THIS IS TO NOTIFY YOU THAT: ~ ~ Judgment! FOR ~,LAiNTI FF ~ Judgment was entered for: (Name) F~I Judgment was entered against: (Name) DU'~KO.. JA~TC ~T.Tf'~W"I;~JT O_; ~MT .q in the amount of $ 2:OR1_lR on: (Date of Judgment) ~-1 Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: ~1 This case dismissed without prejudice. ~1 Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ Levy is stayed for days or ~ generally stayed. ~1 Objection to levy has been filed and hearing will be held: Amount of Judgment $ 2,000.00 Judgment Costs $ 81 Interest on Judgment $ . Attorney Fees $ .0 Total $ 2,081.18 Post Judgment Credits $ Post Judgment Costs $. Certified Judgment Total Date: Time: Place: 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 T~~_~~/~tT~T F/~:I,~ITH YOUR NoTIOE~ 0.,F APPEAL' r~ . :/;,-.,.,, ;,.i · ~ -o'~ c~-' el Date ~F ~ ."q ~ . ,?: ;a,str,ct Just,ce II certify that this isatrue aSd..~/~co~'o~'ltf e proceedi~ codtaini~ th; ~'dgment.. My commission expires first Monday of January, 2006 AOPC 315-99 NOTICE OF APPEAL COMMONWEALTH OI~ PENNSYLVANIA COURT OF COMMON PLEAS J:~)M JUDiCiAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (~ ~ /~:~JL/ NOTICE OF APPEAL Notice is given that the appdlant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned below. CV 19 LTl9 I0 - ot This black will be signed ONLY when this notation is required under Po. R.CPJ.P. 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 Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, de{ach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Prothonotary ~L (~O~V~C. Enter role upon .'1.~.~ .~,., ,, ~_ .j~ L.,~ ~.~ !< 0 , appellee(s), to file a complaint in this appeol Name of appellee(s) (Common Pleas No OI - / ~ ! L/ C"~j~/( ~"~/L~? ) within twenty (20) days of;~ service of rule or suffer entry of judgment of nan pros, (1) You om 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 time, a JUDC4v~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) ~ date of ~ ~ , , .~,. , mail is the date of mailing. ,Goc 3~2-~ COURT 'FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (I0) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF. ; ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. (date of service) , receipt attached hereto, and upon the appellee, (name) , 19~ [] by personal se~ice [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ,19 ~ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19__ , upon the District Justice designated therein on [] by personal service [] by (certified) (registered) mail, sender's Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires Certificate of Service I, Michael J. Kane, hereby certify that, on the 26~ day of March, 2001, I served a copy of Plaintiff's Notice of Appeal and Rule Upon Appellee to file Complaint by certified mail, remm receipt requested, upon Grivorevic Tomislav 242 Bosler Ave. Lemoyne, PA 17043 I further certify that, on the 26e day of March, 2001, I served a copy of Plaintiff's Notice of Appeal by certified mail, return receipt requested upon District Justice Robert Manlove 1901 State Street Camp Hill, PA 17011 Michael J. -Kane"l~. ~qo. 46215 Kane and Mackin, LLP 3300 Trindle Rd. Camp Hill, PA 17011 (717) 214-3700 Attorney for Plaintiff ~- - $;rL.~O 0011 Ce~iiied Fe~ { (Endorsemen~ Required) [ (Endorsement Required)~ ~7~ ?7113 PYS510 Cumberland gounty Prothonotary's Office Civil Case Inquiry 1997-00054 ALLER JOHN L ET AL (rs) HARHIGH GEORGE H DO ET AL Reference No..: DRAWER 24 Filed ........ : Case TvDe ..... : WRIT OF SUMMONS Time ......... : Judgmeh% ...... : .00 Execution Date Judge Assigned: BAYLEY EDGAR B Jury Trial .... Disposed Desc.: Disposed Date. ............ Case Comments ............. Higher Crt 1.: Hiqher Crt 2.: Litigant.: FAMIlY/INTERNAL MEDICINE ASSOCIATES PC SERVED : 1/13/97 . · Costs .... : $8.00 Pd By: ATLEE AND HALL 01/17/1997 1/17/1997 1/17/1997 1/17/1997 1/17/1997 1/22/1997 1/23/1997 1/23/1997 1/23/1997 1/23/1997 1/24/1997 1/24/1997 1/24/1997 1/24/1997 1/24/1997 1/27/1997 1/27/1997 1/27/1997 1/28/1997 1/29/1997 1/29/1997 1/29/1997 1/30/1997 2/04/1997 Page 1/06/1997 9:44 0/oo/oo00 0/00/oo00 SHERIFF'S RETURN FILED Litigant.: ESPOSITO JOSEPH P MD SERVED : $/10/97 Costs .... : $17.30 Pd By: ATLEE AND HALL 01/17/1997 SHERIFF'S RETURN FILED Litigant.: FROEHLICH A DAVID MD SERVED : $/10/97 Costs .... : $8.00 Pd By: ATLEE AND HALL 01/17/1997 Litigant.: SUSOUEHANNA SURGEONS LTD SERVED 1/10797 Costs .... : $8.00 Pd By: ATLEE AND HALL 01/17/1997 SHERIFF'S RETURN FILED Litigant.: GILBERT DENNIS L DO SERVED : $/13/97 LANCASTER COUNTY Costs .... : $88.66 Pd By: ATLEE AND HALL 01/17/1997 APPEAR3LNCE OF COUNSEL FOR TODD L SAMUELS MD AND NEUROLOGY CENTER PC BY RICHARD B WICKERSHAM ESQ ENTRY OF APPEARANCE FOR CARLOS F DELAFUENTE MD AND FAMILY/INTERNAL MEDICINE ASSOCIATES PC - BY EVAN BLACK ESQ PRAECIPE FOR RULE TO FILE COMPLAINT BY EVAN BLACK ESQ RULE TO FILE COMPLAINT BY JANE H SPARLING DEPUTY PROTHONOTARY ............................ PRAECIPE FOR RULE TO FILE COMPLAINT BY RICHARD B WICKERSHAM ESQ RULE TO FILE COMPLAINT BY JANE H SPARLING PROTHONOTARY DEPUTY PRAECIPE FOR ENTRY OF APPEARANCE FOR BARRY B MOORE MD AND NEUROLOGICAL SURGERY LTD BY S WALTER FOULKROD III ESQ PRAECIPE FOR RULE TO FILE COMPLAINT BY S WALTER FOULKROD III ESQ RULE TO FILE COMPLAINT BY JANE H SPARLING PROTHONOTARY DEPUTY PHAECIPE FOR ENTRY OF APPEARANCE FOR JAY J CHO MD AND REHAB MEDICINE ASSOCIATES PC BY LAURALEE B BAKER-STARR ESQ PP~AECIPE FOR RULE TO FILE COMPLAINT BY LAURALEE B BAKER-STARR ESQ RULE TO FILE COMPLAINT BY JANE H SPARLING PROTHONOTARY DEPUTY PRAECIPE TO FILE CERTIFICATE OF SERVICE PRAECIPE FOR ENTRY OF APPEARANCE FOR JOSEPH P ESPOSITO MD A DAVID FROEHLICH MD AND SUSQUEHANNA SURGEONS LTD BY THOMAS J WILLIAMS ESQ PP~AECIPE FOR RULE TO FILE COMPLAINT BY THOMAS J WILLIAMS ESQ RULE TO FILE COMPLAINT BY LAWRENCE E WELKER PROTHONOTARY PHAECIPE TO FILE CERTIFICATE OF SERVICE BY EVAN BLACK ESQ PHAECIPE TO FILE THE CERTIFICATE OF SERVICE BY LAURALEE B BAKER- STARR ESQ SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-01614 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GILGOREVIC TOMISLAV VS DUSKO JASIC R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: DUSKO JASIC but was unable to locate Him in his bailiwick. He therefore returns the APPEAL - DJ the within named DEFENDANT , DUSKO JASIC NOT SERVED , as to RETURNED PER INSTRUCTIONS FROM ATTORNEY DO NOT WANT SERVED. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 SHERIFF OF CUMBERLAND COUNTY MONICA BENDER 04/25/2001 Sworn and subscribed to before me this ~. day of ) ~-~J, .:/~rot hono~ a~y /'7' TOMISLAV GLIGOREVIC Plaintiff V. JASIC DUSKO Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: ~! 01-1 ClVlL ACTION -LAW 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 judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim of 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 Court Administrator 1 Courthouse Square Carlisle, PA 17013 717-240-6200 -1- THOMAS GLIGOREVIC Plaintiff : : V. : JASIC DUSKO : : .- : : Defendant : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW NOTICE Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presebntar uuuna apariencia escrita o en persona a por abobgado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Dea avisado que si usted no se defiended, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o aquvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVlClO, VAYA EN PERSONA O LLAMA POR TELEFONO A LA OFIClNA CUYA DIRECClON SE ENCUENTRA ESCRITA ABOJO PARA AVERIGUAR DONDE SE PUEDE CONSlGUIA ASlSTENClA LEGAL. Cumberland County Court Administrator 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 1-800-990-9108 -2- TOMISLAV GLIGOREVIC Plaintiff V. JASlC DUSKO Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: CIVIL ACTION - LAW COMPLAINT Plaintiff, Tomislav Gligorevic, by and through counsel, Robert S. Mirin of the firm of Ahmad & Mirin, herewith file a complaint in this action against Defendant and in support thereof allege breach of contract, material misrepresentation, related fraud in the inducement against Jasic Dusko, Defendant, as follows: PARTIES 1. Plaintiff, Tomislav Gligorevic, hereafter Plaintiff, resides at 537 Second Street, 2. Apt 2, Enhaunt, PA 17113-2605, Dauphin County, Commonwealth of Pennsylvania. 3. Defendant, Jasic Dusko, hereafter Defendant, resides at 210 State Street, Apt. 425, Camp Hill, PA 17011, Cumberland County, Commonwealth of Pennsylvania. 4. On or about December 1,2000, Defendant by the means of material misrepresentation and fraud in the inducement procured Plaintiff's 1995 Dodge Neon, VIN No. 1B3ES27C3SC229295 for one 1988 Pontiac Station Wagon VIN No. -3- 1G2BL81Y2JA202292. 4. When inducing Plaintiff to enter into said transaction, Defendant materially misrepresented the mileage and condition of said vehicle, by advising Plaintiff that said vehicle had been pumhased from a "little old lady" that had garaged the vehicle and further indicated that the odometer mileage was the actual mileage of the vehicle, and furthermore Defendant indicated that the vehicle was in excellent mechanical repair. 5. The Plaintiff, a native born citizen of State of Yugoslavia now known as Bosnia, arrived in the United States during the later portion of 1998 and is not fluent in English nor familiar with Pennsylvania business practices, particularly those pertaining to certificates of title for motor vehicles or the transfer of motor vehicles. Defendant is also a native of Yugoslavia, who at the time of this transaction possessed at least five (5) motor vehicles for sale. 6. At the time Jasic Dusko transferred title of the said 1988 Pontiac, in exchange for Plaintiff's 1998 Dodge Neon, he represented to Plaintiff that the designation on Commonwealth of Pennsylvania Title "...mileage exceeds the mechanical limits..." was a positive entry reflecting that the amount of mileage was in fact 55,590 miles." 7. Plaintiff now believes at the time of said transaction that Defendant Dusko was, without proper license or authority, operating as an used car dealer and interalia, failed to properly pay the appropriate sales tax based upon the fact that the vehicle supplied to Plaintiff had said market value of $400.00 dollars, and Plaintiff's vehicle had a fair market value of $2,750.00 dollars. 8. Immediately after the transfer, (on the same day), Plaintiff ascertained, by virtue of his possession of the Pontiac vehicle and by driving the vehicle on that day, that the -4- Pontiac vehicle had numerous mechanical flaws and defects contrary to the representation(s) of Defendant Dusko. 9. These defects included but are not necessary limited to the following items: A. Persistent substantial anti-freeze leaks. B. Substantial Oil Leaks. C. Mileage of 157,000 not 57,000 miles. D. Defendant did not pay $2,000 for the vehicle but paid $600.00. E. The muffler fell off after the sale. F. Bad gaskets throughout the motor. G. Also, Defendant used 20/50 "Heavy duty" oil to conceal engine wear, worn bearings, and pistons and to minimize leaks during the first 20-30 minutes of the vehicles operation. 10. Plaintiff also advised Defendant that in addition to the above, immediately after the purchase that there was an apparent transmission problem with the vehicle in that the car did not operate propedy at highway speeds. Also, during the course of the sale Defendant had only noted a "minor' oil leak (a few drops) which he assured Plaintiff could be corrected by the tightening of the gaskets and the related assembly on the motor. (But, said leaks could not be so repaired.) 11. Inasmuch as this Pontiac vehicle was Plaintiffs only vehicle, and that he worked at a site that required that he drive to go to work, Plaintiff undertook to correct the immediate mechanical defects in the 1988 Pontiac, and incurred expenses in the amount of $856.40. These items included the replacement of the water pump, sealant compound, anti-freeze, oil switch with oil pressure, gaskets for both valve covers, -5- adjustment of the vehicles air conditioning cruise control, electric engine system, and setting valve covers. In addition, to the foregoing repairs, it was also necessary to replace substantial quantities of oil, which was leaking at an substantial rate, and to re- replace the "R and R" gasket for both valve covers, work control as well as adjusting the belts in the engine. In addition, the Plaintiff continued to experience a problem with leaking anti-freeze. Although repairs were attempted the condition was not successfully corrected. 12. At the time the Plaintiff took vehicle for repairs he learned, for the first time, that the vehicle had in excess of a hundred thousands miles useage and upon examination of the title, it was explained to him, by a third party mechanic, that the Defendant had misrepresented the status of the title which the Defendant had represented to him as, in effect, an "A "titled car," in good condition. 13. In addition to the foregoing, almost immediately, the Plaintiff found it necessary to junk said vehicle and the vehicle was taken for salvage by the Cumberland Salvage Company, which in exchange for removing the vehicle did not charge Plaintiff towing charges. Wherefore, as a consequence for his need for transportation which was known by Defendant and communicated to Defendant in connection with the exchange of vehicles, Plaintiff found it necessary to incur expenses/damages, and compensatory entitlement as a consequence of Defendant's fraudulent activities, in the amount in an amount in excess of $1500.00. Further, as a consequence of Defendant's misrepresentations, Plaintiff was fraudulently deprived of $2400.00 value which was the fair market value of said Dodge Neon, also, repair costs associated with his efforts to -6- salvage the 1988 Pontiac in the amount of $756.00, and additional expenses of $1500.00 for his need to obtain temporary transportation and miscellaneous incidental damages in excess of $3500.00 as a result of loss of time and related damages. COUNT I: BREACH OF CONTRACT 15. Plaintiff incorporates the above reference the averments of paragraphs 1- 15 herein as if said forth fully and at length, Wherefore, Plaintiff seeks damages for breach of contract, misrepresentation and fraud in the inducement to contract inasmuch as Defendant knowing conduct constitutes a course of conduct defrauding Plaintiff. The Defendant's conduct in failing to deliver said 1988 Pontiac in good working order in terms and provisions of the oral contract between Plaintiff and Defendant based upon the oral misrepresentations of the Defendant concerning the mileage and working status of said vehicle. COUNT I1: PUNITIVE DAMAGES 1. The averments of Paragraphs 1-15 are incorporated herein, as set fully and at length inasmuch as the Defendant's knowing conduct constitutes a course of conduct defrauding a relatively new arrival to America, for whom English is a second language, and who was unfamiliar with American commercial practice or vehicle documentation. 2. Said conduct is shocking to the conscience of the community and supports the claim for punitive damages in the amount equal to Plaintiff's direct and compensatory damages. WHEREFORE, Plaintiff also seeks costs; attorney's fees and such other relief as the court deems appropriate. ~~q~~ R especffu~ litter/d, ~ AHMAD & MIRIN 8150 Derry Street, Suite A Harrisburg, PA 17111 (717) 561-1515 Attorney for Plaintiff -8- VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Tomislav Gligorc~ic CERTIFICATE OF SERVICF This is to certify that a copy of the foregoing was mailed, postage repaid, this 23rd day of April, 2001, to the following: Jasic Dusko 210 Senate Avenue # 425 Camp Hill, PA 17011 Tomislav Gligorevic 242 Bosler Avenue Lemoyne, PA 17043 Date Robert S. Mirin, Esq. ' AHMAD & MIRIN 8150 Derry Street Harrisburg, PA 17111 TOMISLAV GLIGOREVIC, Plaintiff Ve JASIC DUSKO Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Civ 01-1614 : CIVIL ACTION-LAW : : On Appeal from District Justice ANSWER OF DEFENDANT AND NOW, Defendant Jasic Dusko, pro se, answers Plaintiff's complaint as follows: 1. Admitted. 2. Nothing to admit of deny. 3. Denied. Defendant's correct address is 210 Senate Ave. ~425, Camp Hill, PA 17011. 4. Denied. 4. (As numbered in complaint) Denied. 5. Admitted that Plaintiff is from Bosnia. Denied that Plalntiffis not fluent in English. Denied that Plaintiff is not familiar with Pennsylvania Business practices. Admitted that Defendant is a native of Yugoslavia. Denied that Defendant possessed at least five motor vehicles for sale. 6. Denied. 7. Denied that Defendant was operating as a used car dealer. Denied That Defendant failed to pay any sales tax owing. Denied that the vehicle supplied to Plaintiff had a market value of $400. Denied that Plaintiff's vehicle had a fair market value of $2750.00. 8. Defendant is without sufficient information to admit or deny that Plaintiff ascertained that the Pontiac vehicle numerous mechanical defects. Denied that Defendant made contrary representations. 9. A. Defendant is without sufficient information to admit or deny. B. Defendant is without sufficient information to admit or deny. C. AdmiRed. D. Denied that Defendant paid $600 for the vehicle. E. Defendant is without sufficient information to admit or deny. F. Denied. G. Denied 10. Admitted that Plaintiff informed Defendam of a transmission problem after the purchase. Denied that Defendant made any representation about oil leaks. 11. Defendant is without sufficient information to admit or deny except that Defendant provided Plaintiff with new valve cover gaskets and $100 to fix same. 12. Denied. 13. Defendant is without sufficient infom~ation to admit or deny. 14, (Paragraph is not numbered but presumed to be 14). Denied that Defendant engaged in fraudulent activities. Denied that Defendant made misrepresentations. Denied that Plaintiff was fraudulently deprived of $2400 and repair costs. Defendant is without sufficient information to admit or deny the remainm' g averments. 15. Denied 1. Denied 2. Denied Count One Count Two WHEREFORE, Defendant demands judgment in his favor and costs of suit. New Matter 1. Defendant conducted negotiations with Plaintiffin the Serbo-Croatian language, which is the native tongue of both Plaintiff and Defendant. 2. Plaintiff was aware from the title of the vehicle that the mileage representation was 55,590 beyond the mechanical limits of the 100,000 mile odometer. 3. Plaintiff has acknowledged that he was informed that the mileage figure was beyond the mechanical limits of the vehicle's odometer. 4. Plaintifftraded vehicles with Defendant who gave no warranties about its condition, express or implied. 5. Plaintiff was given the opportunity to inspect the vehicle and to drive it before trading it for his vehicle. 6. The vehicle traded by Plaintiffto Defendant had numerous defects, causing Defendant to have to sell the vehicle at auction. WHEREFORE, Defendant demands judgment in his favor and costs. Respectfully submitted, Du~co Jasic, pro se 210 Senate Ave. g425 Camp Hill, PA 17011 717-972-8478 VERIFICATION I, Dusko Jasic, hereby verify that the information contained in the foregoing is tree and correct to the best of my personal knowledge, information and belief. I further understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities Date: O~ I~ 200( f6t~4'C ~C~ Du~ro Jasic IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TOMISLAV GLIGOREVIC Plaintiff V= JASIC DUSKO, Defendant ClV 01-1614 CIVIL ACTION-LAW 1.) Plaintiff, Tomislav Gligorevic, by his undersigned attorney, Robert S. Mirin, Esq., of Ahmad & Mirin has alleged that Defendant is liable for to plaintiff by virtue of Defendant's breach of contract, fraud and miSrepresentation, and distribution of a defective automobile which caused injuries to the Plaintiff. A copy of Plaintiff's complaint is attached as Exhibit "A." 2.) Under Pennsylvania law, R.C.P. 1028(a)(4) provides that all Defendant's answers to Plaintiff's pleadings are legally insufficient and should be stricken or supplemented. 3.) The bulk of Defendant's responses consist of general denials. 4.) In Paragraph 12, in Defendant's answer, Defendant denied the facts of Plaintiff's pleading in paragraph 12 of Plaintiffs complaint. JmmO ~ 5.) As such, paragraphs 4, 6, 7, 9F, 9G, 12, and 15(Counts I and II) of the Defendant's answers to Plaintiff's pleadings are legally insufficient and should be stricken or supplemented. Defendant should be ordered to supplement answers to Plaintiff's complaint for Paragraphs 4, 6, 7, 9F, 9G, 12 and 15(Counts I and II). Defendant's responsive pleadings to Plaintiff's complaint did not provide time, place or sufficient specificity to constitute an appropriate pleading. WHEREFORE, Defendant's answers to Plaintiff's pleadings are legally insufficient. Plaintiff respectfully requests that this Court sustain Plaintiff's preliminary objections by way of demurrer require that Defendant plead appropriately. Respectfully Submitted, AHMAD & MIRIN CERTIFICATE OF SERVICE I, Monica Bender, do hereby certify that a copy of the foregoing Preliminary Objections to Defendant's Answers to Plaintiff's Complaint was mailed, postage prepaid, this 2nd day of August 2001, to the following: Jasic Dusko 210 Senate Avenue Apt. No. 425 Camp Hill, PA 17011 Michael Kane, Esq. Kane & Macklin LLP 3300 Trindle Road Camp Hill, PA 17011 Date: Monica R. Bender, Paralegal Law Offices of AHMAD & MIRIN 8150 Derry Street Harrisburg, PA 17111-5260 (717) 909-4343 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be ~tten and subaitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please l i~t the within matter for the next ~t Ccitt. CAPTION OF CASE (e~tir~ caption must be stated in ~,11 ) TOMISLAV GLIGOREVIC Plaintiff JASIC DUSKO Defendant ( p1 al ntiff ) (Deferment) No. 01-1614 Civil X 19 1. State matter to be a~gued (i.e., plaintiff's motion for new trial, defendant's d~m~rrer to c~,%,lmlnt, etc.): Plaintiff's Preliminary Objections and Motion to Strike. e Identify counsel who will argue case: Robert S. Mirin, Esquire (a) for plaintiff: /~]dress: 8150 Derry Street, Harrisburg, PA 17111 (b) for defe_~dant: /~ktress: Michael Kane, Esquire Kane & Macklin LLP 3300 Trindle Road Camp Hill, PA'17011 I will notify~]] parties in writingwithin two days that thi~ case ba~ ~--~n li~ted for ar~3tm~nt. 4. Ar~3tm~-nt Court Date: 11/19/01 orney for Plaint~f #2 TOMISLAV GLIGOREVIC, Plaintiff V. JASIC DUSKO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : .- ; : NO. 2001-1614 CIVIL : : IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS AND MOTION TO STRIKE BEFORE BAYLEY~ GUIDO~ JJ. ORDER OF COURT AND NOW, this l0TM day of JANUARY, 2002, Plaintiff's Preliminary Objections are DISMISSED. Jasic Dusko 210 Senate Avenue Camp Hill, Pa. 17011 Robert S. Mirin, Esquire 8150 Derry Street Harrisburg, Pa. 17111-5260 Michael Kane, Esquire 3300 Trindle Road Camp Hill, Pa. 17011 Tomislav Gligorevic 296 West Fulton Street New Holland, Pa. 17557 By: Edward E. Guido, J. TOMISLAV GLIGOREVIC, Plaintiff JASIC DUSKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIV 01-1614 C~VIL ~ 2002 CIVIL ACTION - LAW 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: Robert S. Mirin , counsel for the plaintiff~n the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (ar~) at issue. 2. The claim of the plaintiff in the action is $ 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. ORDER OF COURT AND NOW, ~ ~/ ,~n consideration of the ~ foregoing petition, ~~ ,~/~ff~ff~~-~ Esq., ~~or Esq., ~d ~~ ~~ , Esq., ~ appointed ~bit~ors in ~e above captioned actio ( actions) ~ pmy~ ~. / By the~ ORIGI L CERTIFICATE OF SERVICE Tammy_: L. Ketterer, hereby certify that I am this day serving a copy ofg~i: I, foregoing document upon the person(s) and in the manet indicated below, whicl~?~rvice satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by dep ~om..tmg copy of samelin the United States Mai], at Harrisburg Pennsylvania, with first postage prepaid, addresSed as follows: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 AHMAD & MIRIN 8150 Deny Street Harrisburg, PA 17111 (717) 909-4343 DATE: March 25, 2002 TOMISLAV GLIGOREVIC, : Plaintiff : Vs. : : JASIC DUSKO, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 01-1614 CIVIL ACTION - AT LAW OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) , Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: June 17, 2002 ' ~/]-~t ~ J/~4 {/t~ DateofAward: ~. /'7 ~OZ ~.. ~ NOTICE OF ENTRY OF AWA~ Now, the ~q~day of ~ ,2002, at//,bT ,d.M., the above awed was entered upon the docket ~d notice thereof given by mail to ~e panics or ~eir a~om~ ~ Arbitrators' compensation to be (~ '/~ ~ o ~ TOMISLAV GLIGOREVIC, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JASIC DUSKO, DEFENDANT : 01-1614 CIVIL TERM AND NOW, this ORDER OF COURT ~"~day of July, 2003, IT IS ORDERED that a non- jury trial shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1:30 p.m., Wednesday, July 30, 2003. Edgar B. Bayley, J. ~. Robert S. Mirin, Esquire. For Plaintiff Jeffrey N. Yoffe, Esquire For Defendant Court Administrator :sal TOMISLAV GLIGOREVIC, Plaintiff Vo DUSKO JASIC Defendant IN THE COURT OF cOMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1614 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of July, 2003, the parties acknowledging that defendant'S name is inverted on the complaint, the complaint is amended to show the proper name of defendant as Dusko Jasic. By th~'Court, / ~dg ~a~ ~bert S. Mirin, Esquire For Plaintiff ~/effrey N. yoffee, Esquire For Defendant