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HomeMy WebLinkAbout06-5146KENNETH F. LEWIS, ESQUIRE Attorney I.D. 169383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff BRANDON RIETHEIMER and IN THE COURT OF COMMON PLEAS OF JOHN RIETHEIMER, III, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs L V. NO. 46,5)1` CIVIL TERM SPANKEYS AUTO SALES, INC., Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND TO THE DEFENDANT NAMED HEREIN: 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 is 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 further notice for any money claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONEj GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiffs BRANDON RIETHEIMER and JOHN RIETHEIMER, III, Plaintiffs V. SPANKER AUTO SALES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-519& CIVIL TERM JURY TRIAL DEMANDED Plaintiff, Brandon Rietheimer, by his attorney Kenneth F. Lewis, files this Complaint, averring as follows: COUNT ONE -- BREACH OF CONTRACT 1. Plaintiff, BRANDON RIETHEIMER, is an adult individual residing at 4341 Carlisle Pike, Apt. C-9 Camp Hill, PA 17011. 2. Plaintiff, JOHN RIETHEIMER, III, is an adult individual residing at 3710 Leyland Dr., Mechanicsburg, PA 17050. 3. Defendant is SPANKER AUTO SALES, INC., a Pennsylvania Corporation with its principle place of business located at 701 E. Locust Street, Mechanicsburg, Cumberland County, PA 17055. 4. On or about April 29, 2005, Plaintiffs purchased a 1999 Mitsubishi Eclipse, Serial Number 4A3AL54F6XE083855 from Defendant (copy of contract attached as Exhibit "A"). 5. The total price paid to Defendant was $11,783.50. 6. Concurrent with the above-mentioned purchase, Plaintiffs obtained a 3 month warranty from Defendant (copy of warranty attached as Exhibit "B"). 7. On or about May 7, 2005 (approximately one week after Plaintiffs obtained the vehicle), it suffered a "blown engine." 8. The car was in the shop for approximately one month. 9. on or about June 8, 2005, (less than one week after receiving the "fixed" vehicle), it, again, suffered engine trouble. 10. The car was in the possession of Brandon Rietheimer in Ocean City, Maryland at the time referred to in paragraph #9. 11. The Defendant refused to honor the warranty and fix the vehicle, wrongfully claiming that Brandon Rietheimer had tampered with it, thus causing the damage. 12. The subject vehicle was financed through Belco Community Credit Union. 13. The vehicle was never fixed and was thereafter repossessed. WHEREFORE, Plaintiffs demand judgment as follows: a. $7,386.99 (the amount of money owed Belco Community Credit Union for the deficiency judgment). b. $868.86 (representing payments made toward the vehicle without Plaintiffs having the use of such vehicle). c. Costs of Court and any other fees, costs and further relief as the Court may deem appropriate. COUNT TWO -- IMPLIED WARRANTY OF MERCHANTABILITY 14. Plaintiffs incorporate paragraphs 1 through 13 of this Complaint as if fully set forth herein. 15. Once purchased by Plaintiffs, the vehicle never ran more than one week without engine trouble, thereby violating the Implied Warranty of Merchantability. WHEREFORE, Plaintiffs demand judgment as follows: a. $7,386.99 (the amount of money paid to the financer after the vehicle was repossessed). b. $868.86 (representing payments made toward the vehicle without Plaintiffs having the use of such vehicle). c. Costs of Court and any other fees, costs and further relief as the Court may deem appropriate. COUNT THREE -- UNFAIR TRADE PRACTICES 16. Plaintiffs incorporate paragraphs 1 through 15 of this Complaint as if fully set forth herein. 17. By failing to comply with the terms of its written warranty, Defendant violated The Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 et seq. (specifically section 202 xiv). WHEREFORE, Plaintiffs demands judgment as follows: a. $24,767.55 (representing three times the actual damages suffered by Plaintiffs of $8,255.85); b. Plaintiff's reasonable counsel fees (to be proven at trial); and c. Costs of Court and any other fees, costs and further relief as the Court may deem appropriate. DATED: gk*ID 6 KENNETH/F. LEWIS, ESQ. Attorney for Plaintiffs Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: 91406 RANDON R ETHEIMER DATED: 0 /' a J H E I M , II 04/29/05 12:53 FAX 7179913414 SPANMS AUTO 'lol • LdJaST 0-r M1tC,rbtnliC.S8rrW1?=, ? .7a101..'.."?T177 ®ool NlrL ? ML Am tl? SCE: i l commmwm- Ll t7?/YO11 VII MD. 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Under side law, "Implied warranties" may give you even more rights. SYSTEMS COVERED: DURATION: 3 onat1"C4{S 4yR. 39tb L41 Les 0 SERVICE CONTRACT. A service contract is avallable at an extra charge on this vehicle. Ask for detalls as to coverage, deductible,- price, and exclusions, k you buy a service contract within 90 days of the time of sale, state law "Implied warranties" may give you additional rights. PRE PURCHASE INSPECTION: ASK THE HEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED BY YOUR MECHANIC EITHER ON OR OFFTHE LOT. SEE THE BACK OF THIS -FORM for Important additional informMlon, including a list of some major defects that may occur In used motor vehicles. 2) -- ?XWBIT FORM BO3 (07/02) c? ? o C.1 ?: 4 = c; -gym BARBARA A. DARKES Attorney I.D. # 77419 KIMBERLY A. SELEMBA Attorney I.D. # 93535 McNees Walllace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717 237-5381 Attorneys for Defendant BRANDON RIETHEIMER and IN THE COURT OF COMMON PLEAS OF JOHN RIETHEIMER, III, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 06-5146 CIVIL TERM SPANKEY'S AUTO SALES, INC., Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs Brandon Riethemer and John Rietheimer, III, and Kenneth F. Lewis, their attorney: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Dated: October 13 , 2006 McNEES WALLACE & NURICK LLC By Q. 11 L Bar ra A. Darkes I.D. No. 77419 Kimberly A. Selemba I.D. No. 93535 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Spankey's Auto Sales, Inc. BARBARA A. DARKES Attorney I.D. # 77419 KIMBERLY A. SELEMBA Attorney I.D. # 93535 McNees Walllace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717 237-5381 Attorneys for Defendant BRANDON RIETHEIMER and JOHN RIETHEIMER, III, Plaintiffs V. SPANKEY'S AUTO SALES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5146 CIVIL TERM JURY TRIAL DEMANDED ANSWER WITH NEW MATTER Defendant Spankey's Auto Sales, Inc. ("Span key's"), by and through its counsel, McNees Wallace & Nurick LLC, files its Answer with New Matter to the Complaint of Brandon Rietheimer and John Rietheimer, III, and in support thereof avers the following: Count I- Breach of Contract 1. Admitted in part and denied in part. It is admitted that Plaintiff Brandon Rietheimer is an adult individual. The remainder of the averment is denied because Spankey's does not have knowledge or information sufficient to form a belief as to the truth of this averment. 2. Admitted upon information and belief. 3. Admitted. 4. Denied. It is denied that Plaintiffs purchased a 1999 Mitsubishi Eclipse, Serial Number 4A3AL54F6XE083855 (the "Vehicle") from Spankey's on April 29, 2005. It is also denied that the document attached as Exhibit A to the Complaint is the contract for the purchase for the Vehicle. By way of further answer, Plaintiff John Rietheimer III purchased the Vehicle from Spankey's on April 30, 2005. A true and correct copy of the contract between Plaintiff John Rietheimer III and Spankey's is attached hereto as Exhibit "A." 5. Denied. It is denied that the total price paid to Spankey's was $11,783.50. By way of further answer, the purchase price of the Vehicle was $11,813.50. See Exhibit A. 6. Admitted in part and denied in part. It is admitted that the Vehicle was warranted for 3 months or 3,500 miles. It is denied that Spankey's warranted the Vehicle. It is further denied that the document attached as Exhibit B to the Complaint is a copy of the warranty. By way of further answer, the Vehicle was warranted by The Guardian Warranty Corporation ("Guardian"). A copy of the Guardian warranty is attached hereto as Exhibit "B ,. 7. Denied as stated. It is denied that on or about May 7, 2005, the Vehicle suffered a "blown engine." To the contrary, the Vehicle's engine suffered from mechanical failure on or about May 18, 2005. By way of further answer, Guardian replaced the engine under warranty. 8. Denied. Plaintiffs brought the Vehicle to Spankey's for repair on approximately May 18, 2005, and picked the repaired Vehicle up from Spankey's on June 2, 2005. 9. Admitted in part and denied in part. It is admitted that the Vehicle suffered engine trouble in June 2005. The remaining averment of this paragraph is denied. By way of further answer, at Guardian's request, Plaintiff Brandon Rietheimer took the Vehicle to Ocean City Texaco to have it repaired. Barry Kuscavage, the Owner of Ocean City Texaco, inspected the Vehicle and observed that the Vehicle's waste gate actuator had been hammered closed and determined that this is what caused the engine failure. Further - 2- answering, Brandon Reitheimer admitted that he and a friend had hammered the waste gate actuator closed. A copy of a letter dated January 16, 2006, signed by Barry Kuscavage, the owner to Ocean City Texaco, describing these averments is attached hereto as Exhibit "C." 10. Admitted. By way of further answer, Paragraph 9, above, is incorporated herein by reference. 11. Admitted in part and denied in part. It is admitted that Spankey's did not fix the Vehicle. The remaining averments of this paragraph are denied. Spankey's claim that Brandon Rietheimer had tampered with and caused damage to the Vehicle was not wrongful. Paragraph 9, above, is incorporated herein by reference. Spankey's did not refuse to honor the warranty; it was not the warrantor. By way of further answer, Guardian made the determination not to cover Plaintiffs claim for engine failure because it made a finding that Brandon Rietheimer had abused the waste gate actuator by hammering it closed. 12. Admitted with clarification that the financing for this Vehicle purchase was pre-arranged by Plaintiffs; Spankey's was not involved with securing the financing. 13. Denied. Spankey's is without knowledge or information sufficient to form a belief as to whether the Vehicle was fixed and/or was repossessed. WHEREFORE, Defendant Spankey's Auto Sales, Inc. requests judgment in its favor and against Plaintiffs Brandon Rietheimer and John Rietheimer, III, resulting in the dismissal of Plaintiffs' claim for Breach of Contract and such other relief as this Court deems appropriate. Count II- Implied Warranty of Merchantability 14. Paragraphs 1-13, above, are incorporated herein by reference. - 3- 15. Denied. This is a conclusion of law to which no further response is necessary. By way of further answer, Plaintiff Brandon Rietheimer admitted that he and a friend had hammered the waste gate actuator closed with a hammer, which thereby caused any and all problems with the Vehicle's engine. WHEREFORE, Defendant Spankey's Auto Sales, Inc. requests judgment in its favor and against Plaintiffs Brandon Rietheimer and John Rietheimer, III, resulting in the dismissal of Plaintiffs' claim for Breach of Implied Warranty of Merchantability and such other relief as this Court deems appropriate. Count III- Unfair Trade Practices 16. Paragraphs 1-15, above, are incorporated herein by reference. 17. Denied. This is a conclusion of law to which no response is necessary. By way of further answer, it is denied that Spankey's failed to comply with the terms of the written warranty for the Vehicle. By way of further answer, Spankey's was not the warrantor. WHEREFORE, Defendant Spankey's Auto Sales, Inc. requests judgment in its favor and against Plaintiffs Brandon Rietheimer and John Rietheimer, III, resulting in the dismissal of Plaintiffs' claim for violation of Unfair Trade Practices and such other relief as this Court deems appropriate. NEW MATTER 18. Paragraphs 1-17, above, are incorporated herein by reference. 19. Plaintiffs have failed to state a claim for breach of contract against Spankey's for which relief can be granted. 20. Plaintiffs have failed to state a claim for breach of implied warranty of merchantability against Spankey's for which relief can be granted. - 4- 21. Plaintiffs have failed to state a claim for violations of the Unfair Trade Practices and Consumer Protection Law against Spankey's for which relief can be granted. 22. Plaintiffs' claims may be barred, in whole or in part, by the doctrine of unclean hands. 23. On or about April 30, 2005, Plaintiff John Rietheimer III purchased the Vehicle from Spankey's. 24. The Vehicle was warranted for 90 days or 3,500 miles with The Guardian Warranty Corporation ("Guardian"), not Spankey's. See Exhibit A. 25. On or about May 18, 2005, the Plaintiffs brought the Vehicle into Spankey's complaining of engine problems. 26. Guardian paid to replace the engine under warranty and the Vehicle was repaired and returned to Plaintiffs on June 2, 2005. 27. On or around June 6, 2005, Plaintiff Brandon Rietheimer again experienced engine problems with the Vehicle while in Ocean City, Maryland. 28. At Guardian's request, Plaintiff Brandon Rietheimer took the vehicle to Ocean City Texaco to have the Vehicle repaired. 29. Barry Kuscavage, the owner of Ocean City Texaco, inspected the Vehicle and observed that the Vehicle's waste gate actuator had been hammered closed, which he determined to be the cause of the engine problem. See Exhibit C. 30. Plaintiff Brandon Rietheimer admitted to Mr. Kuscavage that he and a friend had hammered the waste gate actuator closed. See Exhibit C. 31. The engine on the Vehicle failed solely because Plaintiff Brandon Rietheimer hammered the waste gate actuator closed. 32. Guardian denied the claim and would not pay to repair the Vehicle. 33. Any engine failure with the Vehicle was caused solely by Plaintiffs. - 5- 34. Spankey's did not cause any problems with the Vehicle's engine. WHEREFORE, Spankey's Auto Sales, Inc. requests that judgment be entered in its favor and against Plaintiffs Brandon Rietheimer and John Rietheimer, III, resulting in the dismissal of Plaintiffs' claims and such other relief as this Court deems appropriate. McNEES WALLACE & NURICK LLC By Barb Fra A. Darkes I.D. No. 77419 Kimberly A. Selemba I.D. No. 93535 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Spankey's Auto Sales, Inc. Dated: October ,3 , 2006 - 6- ?? ?h? ? ? SOURCE -701 FL ST f, CCCJJJ???JJJE CZ(2) 73? 77`27 JOHN L RIETHEIMER III (717)728-9927 PURCHASER HOME BUSINESS NAME PHONE PHONE 3710 LEYLM OR MECHANICSBURG-RA 17050 04/30105 ADDRESS DATE I HEREBY PURCHASE FROM YOU, SUBJECT TO ALL TERMS, CONDITIONS, AND AGREEMENTS CONTAINED HEREIN, THE FOLLOWING: MAKE MODEL BODY TYPE COLOR ITSURISHI CLIPSE P COPPER UMBER MILEAGE F SALESMAN 54F6XE083855 ZI S CRAIG R DESCRIPTION TRADE-IN SELLING PRICE: 11000.00 YEAR MAKE MODEL COMMENTS: TYPE SERIALMUMBER MILEAGE LICENSE NO. TITLE NO. COLOR EXPIRATION DATE FF DUE TO PAY : O STOCK NO. ??Ijam Eli :4 1 Z-1 - , , TOTAL SELLING PRICE 110002 C O INSURANCE CO. - LESS: TRADE ALLOWANCE kAMTY MUTUAL TAXABLE SUBTOTAL iinnn AGENT SALES TAX 6 _ 000 % STATE TAX 660-( () S/PHONE NUMBER - TAG FEE 71 SOLD WITH LIMITED WARRANTY. Factory Auto Financing, Inc. ] TITLE FEE (Dealer) will provide a limited warranty on this vehicle following delivery for 30 F days or 1000 miles, whichever comes first. Dealer will pay 50% and customer will pay 50% for covered items based on the retail basis of parts and labor used. This E B warranty covers the engine (including pistons, rings, crankshaft, crankcase, and engine bearings), the transmission, and the rear end. This warranty does not covervalve cover gaskets, seals of any kind, fluids, tires, battery, glass, clock, heater, radio or seats and DOCINOTARY FEE other upholstery. The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Unauthorized repairs will not be paid. You are responsible for PAYOFF AMOUNT tear-down and repair costs if it is determined that failed component(s)/part (s) are not covered under this limited warranty. All work must be done at our shop. This limited warranty is in lieu of any other warranty either expressed or implied, including the TOTAL PRICE implied warranty of merchantability and fitness for a particular purpose. 11813 O LESS: DEPOSIT Dealer's Signature COD Customer' Signature BALANCE ON DELIVERY FINANCE SOLD AS IS. This motor vehicle is sold as is without any warranty either expressed or implied, including the implied warranty of merchantability and fitness for a particular purpose. The purchaser will bear the entire expense of repairing or correcting any defects that presently exist or that may occur in the vehicle. As purchaser I am accepting this vehicle without any guarantees as to the year and H R model and without any guarantees against any and all mechanical defects, and also PURC ASE without a recent state inspection. Delivery of this vehicle is made at my own risk and I will not hold the seller or any of its agents responsible for anything that may happen to this vehicle at any time in the future. There are no verbal understandings in connection with this sale and I intend to be bound by this declaration. PURCHASER BUYER CERTIFIES THAT HE/SHE IS - ARS O E OR OLDER Customer's Signature Witness D ALER OR AUTHORIZED REPRESENTATIVE F.ICATE OF TITLE, FOR A VEHIC E - L ?i? hll)'g111Y Y -'. :aw .e?.va,• 1111.,"', " ?JEHI^"LE'rCFNIT CA°i'tvMJ NUNeE?` - t" VE R I.. a? t71aIGE eF' yEl-?! l - TITLENUMBER ?.? .. ? dt aa?i P 1ua..I. e.. C P?!` B,-, T\c P SEAT CAP PRInR, TITL kT TE CYdd PRO,-L) ATE ODOM MILES ODOM STATUS 77 Z.fr.,?!• DATE PA TITLED DATE OF ISSUE ,9y{{,;:, UNLADEN ?WHT , L GV? VVI yy}. " VWR°. GCWR"; ?I"? TRLE BRANDS Y`ICTFR n nv?N=Ri.;t "?4yt? ???? ??g??'t r?, FIE. E _ SHAWN M MOOSE ` 513 WINCHESTER GDNS CARLISLE PA 1701,3 FIRST LIEN P&I,4P wr SECOND LI EIJ FAVOR OF 14EHB IMA d, a second Irenholder Is listed '. upon sa;iciactcfz PI lr? lirsl fen. U,s 1Gal' .d I 2A tlonholder. musi forward this True'"tv-vte 9orea jel, Mote r 'JaYI C-es r+Im il,e' -.k io)l FIRST UENapproprlate forth and fee VNIA SECOND LIEN RELEASED DATE MAILING ADDRESS BY AUTHORIZED RFPRFSFNTATIVF U39036 MEMBERS 1ST FCU Pia BOX 40 MECHANICSBURG PA 17055 V N) .1 V l VI codify as of the date of Issue, the official records of he Pennsylvania Department. of Transportation reflect that the person(s) or corrmparry, named hereln Is, the, lawful ownef, _ of the sold vehicle. ALLEN 0 SIEHLER Secretary of Transportation 18CRIBED AND SWORN FOR E ? 4 It a co-purchaser other flan your spouse Is listed and you want the ft to be fisted as 'Joint Tenants With R Ip t o f S rship" dee one 91 , :: 0 " v © eP , ow er, tiNe. 9Pes io survivi g ?wnel6?' H C O.. Iwise h. will be Issued as-Tenants in Com nl ( hit oP one owner?lnPer ap?,. deceased owner goes to his,T?@d hiF?`or,??{? ) fe _ N ??uySTE a+a TM _ - " ?: - - i p d fl-V "'?, IF ND LIEN'CHECK 'IS`. LIENDATE OS- .. ?? ,, IX T UENHOLDER 1 lrl • ? r? SPANK / A? AV $:, ? cTnEEI, 701 E. Locust s7 ?. , . MECH. PA 17056 c T STATE ZIP -? ,. .u .._ S ?' ?? " IF THIS !S ANA CHECK HERE I FINANCIAL - sI ytJ? T , NOT&Fih REQ 1 40 INSTITUTION NO. 2ND LIEN DATE: IF N, CHECK 11 w•ay :,uvpl of mme a iM .entie a.anetl . .o_.....s •T:} u wn1.n•n. 2ND LIENHOLDER li t STREET - ?' _ akr IaII. `- . •'. EOM 1HrjP SIGNER .. ?. .,. ..." ... . CITY STA'r''E- IF - - IF THIS IS AN ELT, CHECK HERE n FINANCIAL -YPE OR PRINT) Certificate of Title must be submitted within 20 days, unless the purchaser is a registered dealer holding the vehicle for resale. WARNING - FEDERAL AND STATE LAWS REQUIRE THAT YOU STATE THE MILEAGE (ODOMETER READING) IN CONNECTION WITH THE TRANSFER OF OWNERSHIP. FAILURE TO COMPLETE OR PROVIDING A FALSE STATEMENT MAY RESULT IN FINES AND/OR IMPRISONMENT. IMPORTANT NOTICE Please be advised that in lieu of notarization on this form, verification of a person's signature by an issuing agent who is licensed as a vehicle dealer by the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons, or its employee is acceptable. The signature and printed name of the issuing agent or the issuing agent's employee, date of verification, the issuing agent/licensed dealership's dealer identifi- cation number (DIN) and business name, must be listed in the space provided for notarization. Vehicle seller and purchaser must sign only in the presence of an officer empowered to administer oaths or an authorized agent as identified above. of my/our knowiWpe that the odometer reading Is al r4A a of the vehi e ind that ov`j hlp is hereby' .,x ;.S STATE Zu. qq Y `p`p V l 1ti ? i11i I'. ZI l S DA A Ili. t?l?$ A & UR AN PURCHASER MUST ??.... HA ' A1N7 NAM I ? HA OPRIL....NE HER.. • s K raa?^p Is fuel r ?e of the ?'ghide - R L , {f y 9U, M!E E - t the -I- rnl{eB CC PURCWSER NINO: aCdls 6p;%)' rn?ETa" ". ?-7 End that do , h hereby -1o1. 4 1 1" D SWORN 7SKL? "? CST ??%` l! 7MtTr' 4 SPANKErY'.SA< PAN[ N• 70 t, 4 - ?. NAN mNeaflG M In`-yewd? fir,+w?l91TAME ?CJr d r ?'? ??? ? na asEn51?W.ru E u.aeu a?.n mc:. ib PJFC clu " 1ERI,DAND8W?JRN F A 7E RUrCwsE PRICE zip, OR ON t - 5 GNkT.,PE DF R A? Ifv13 INO PURCHASER SY?NAT URE URCHASFA AN. R P P 1-,AT ?1 l - , . CC-PURCHASER MUST a , , J4?nu. _ H R T _ , k Y __ - - w o t e?r > I sF?LEP MIDST ?y ?iiiuu ,. .: yANDPRINTNAME -1 PE t No. trig 77 7 1 A PA TITLE NUMBER (AS= SHOWN ON ATTACHED TITLE) MAKE OF VEHICLE MODEL YEAR PURCHASE . ° ITSUBISHI 53346f9 ;' 1999 ' cE on reJerae) (See note .11000-010 ¦ VEHICLE IDENTIFK:AnON NUMBER CONDITION LESS t 0838'55. .;; :'oQD t? FAIR ? FOOR „_ TRADE IN AA- LAST NAME (OR FULL USINE NAME) FIRST NAME MIDDLE INITIAL TAXABLE .. :RPANK AMOUNT.. „W - CO-SELLER t. Sal x 6 ( x 7961 es Tax Due .08) or 071 660 . 90 See _._.. nobs on reverse). C LAST NAME (OR FULL BUSINESS NAME) FIRST NAME MIDDLE INRIAL DATE AQQUIRED/ 1A ea.=(muat THE3MER, .1,j-,h:JQHN L ,..<. Pu C 8 8/05 arlu bN?mberfrom, s CO-PURCHASER is First Assignment - 1B Second Assignment W STREET CO CODE 2. Title Fee : - qq qq . 50. ,. GL _ 3710 1 EYLAN OR .. . _ .. ..... STATE 23P CODE CITY REFER IO COUNTY CODES . '. . ' - 17050 = :' - - ' LISTING ON REVERSESIDE ' aLien . Fee.: 5.Q0 .:_: : '•_ -....- . : . ., .. ' :. . .: IRA .-, ,_ . . . OF RINK COPY . . Y ¦ ... D LAST NAME (OR FULL BUSINESS NAME) FIRST NAME MIDDLE INITIAL DATE ACQUIRED/ 4 Registration or . PURCHASED Processing Fee 36:00 ¦ CO-PURCHASER Fee Exempt Number as assigned by the Bureau STREET COUNTY CODE 5. Duplicate Reg. Fee - ? No. Of Cards ¦ ° ZIP CODE a CITY STATE REFER TO COUNTY CODES USTING ON REVERSE SIDE 6. Transfer Fee A . : ; '. OF PINT( COPY .. .. . -. ¦ E. MAKE OF VEHICLE VEHICLE IDENTIFICATION NUMBER 7. Increase Fee N6 tl /A K ¦ °W MODEL YEAR BODY TYPE (CP TK ETC ) CONDITION 6 , . , 8. Replacement F ? El El Fee V - POOR GOOD FAIR F. ORIGINAL PLATE V Check One ? TRANSFER OF PREVIOUSLY ISSUED PLATE TOTAL- PAID (Add 1 thru 8) 9. 7 48 SO 10. _ ? PLATE M BE ISSUED BY ? TRANSFER & RENEWAL OF PLATE .¦ ¦ BUREAU (PRA OF IN- ? TRANSFER & REPLACEMENT OF PLATE Send One SURANCE MUST BE AT TACHEDJ ? TRANSFER OF PLATE & REPLACEMENT OF STICKER I I.GRAND TOTAL (Add 9 & 10) Check in This.A[nalfiY,:.: ?" ¦ ? EXCHANGE PLATE TO BE R PLATE NO EASON FOR REPLACEMENT ISSUED BY BUREAU .:_.. -_.::_ :. -.+-.ra> .- .:,.--. -.,; . QtAST :. .? DEFACED ? STOLEN TEMP000W PLATt ` .. -... ISSUED BY FULL AGENT EXPIRES -' :.. ..._... _ - _ _ - -.. .. - - Month Year NEVER RECEIVED (LOST IN MAIL) NOTE: H'NEVER RECEIVED" block is checked a icant must cornoletL Form MV-44. Z TRANSFERRED FROM TITLE NO. VIN 11 GBF6$92 $ 6 9 5 7 4 SIGNATURE OF PERSON FROM SIGN HERE A RELATIONSHIP TO APPLICANT ¢ I rARED (IF OTTHER THAN APPLI T VhrlrcLt NUH(;KASED GVWR WEIGHT INFO ' UNLADEN WEIGHT REQ. REG. GROSS WT. INCLUDING LOAD REQ. REG. GROSS COMB. (IF APPLICABLE) WT . (IF APPLICABLE . INSURANCE TYCOMPANY HUTU p ATTTACCH. . EIR A0Z281Z068S460 + DATEY /04 LL11?? DAA S (AGENT I CERTIFY THAT ON MONTH DAX' YEAR" - U4 1 HAVE CHEGK50 TO DETERMINE THAT THE VEHICLE IS INSURED AND. r ISSUINGUAGENT (PRINT NAME PAR Y ? S ? SALES I NC AG ?,7 4SP INFOR- ISSUED TEMPORARY REGISTRATION TQ THE ABOVE APPLICANT, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE VEHICLE CODE A 1J/ / / 77 MATION AND DEPARTMENT REGULATIONS. , G WE CERTIFY THAT 1/WE HAVE EXAMINED AND SIGNED THIS FORM AFTER ITS COMPJLZ ON AND TH TH MATION GIVEN IS TRUE AND CORRECT. IF AN EXEMPTION ` . ACKNOWLEDGE THAT I/WE MAY LOSE MY/OUR OPERATING IS CLAIMED, THE PURCHASER FURTHER CERTIFIES THAT HE/SHE IS AUTHORIZED TO LAIM THIS EXE .i/WE PRIVILEGE(S) OR VEHICLE REGISTRATION(S) FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY- ON THE CURRENTLY REGISTERED VEHICLE FOR THE PERIOD OF REGISTRATION. I/WE ACKNOWLED I/WE Y BE SUBJECT TO A FINE NOT EXCEEDING $5,000 AND IMPRISONMENT F NOT MORE THAN TWO YEARS FOR ANY FALSE STATEMENT THATkI/WE S F Signatu F' Pu TELEPHONE NUMBER 5 ( ) 7177377777 - ASSGN_ LL MEM Signat of Co-P ser/Title of Authorized Signer i gnat S` AUTO SALES=NC W ° Signature of.Second Purchaser or Authorized Signer Mas TELEPHONE NUMBER Signature of Seller 2ND ( ) ASSIGN- MENT Signature of Co-Purchaser/Title of Authorized Signer Signature of Co-Seller H, NOTE: If a co-purchaser other than your spouse is listed and you want the title to be listed as "Joint Tenants With Z W Right of Survivorship" (On death of one owner, title goes to surviving owner.) CHECK HERE ?. Otherwise, the title E will be issued as "Tenants in Common" (On death of one owner, interest of deceased owner goes to his/her heirs or ° Z estate). NOTE: IF THE VEHICLE IS TO BE USED AS A DAILY RENTAL OR LEASED VEHICLE, CHECK THIS BLOCK ? . IF BLOCK IS CHECKED, COMPLErE AND ATTACH FORM MWIL. F? N 1. BUREAU OF MOTOR VEHICLES MLbbtlVlitK NUMItICIII: WID: 05130 3400 015210-001 New Title Number: 53346699/05/11/05 General Systems Solutions On-Line Registration System _ Pennsylvania Department of Transportation Applicant Summary Statement Transaction: Reassign Title/New Reg Processor: SPANEEYS AUTO SALES/00869574 Processed By: SANDY DAVENPORT Purchase Date: Apr 30, 2005 Process Date: May 10, 2005/ Temp Reg Date: Apr-30, 2005 VIN: 4A3AL54F6XE083855 Stock No: 17914ZA Vehicle Type: PASSENGER Condition: GOOD [ ] Police GVWR: Unladen Weight: YR/Make: 1999/MITS Body: CP [ ] Taxi GCWR: No of Axles: Odom Reading: 79074 Fuel: G [ 1 0/S Tires Seat Cap: Sum of GAWK: Owner Information: JOHN L RIETHEIMER 3RD/S 3710 LEYLAND DR MECHANICSBURG/PA/ 17050 Lessee Information: None [ ] Tenant in [ ]ODTF Survivorship? [ ] Retired ( ] Tenant in [ ] Daily Rental flail Code: Trade In N1 Information: VIN: None YR: Make: Condition: Allowance: Trade In Ill Allowance: Trade In Ill Allowance: Lien Holder 41 Information: BELCO COMMUNITY C U P 0 BOX 82 HARRISBURG/PA 17108 [ 1 ELT Lien Holder N2 None Lien Holder M3 None Insurance Information: LIBERTY MUTUAL A0228120685460 Dec 03, 2004 Jun 03, 2005 Fees S Sales Tax Information: Tax exempt Reason: NONE/00 Tax Exempt No: Taxable Sale Price: $11,000.00 I] Local Sales Tax Override? 6 Rate: 0.06 Assigned Tag Type: PASSENGER Class: Assigned Tag No: GBF6892 RRGW: Assigned Exp Mo/Yr: Mar/2006 RRGCW: Signature of Person from Whom Tag I. Being Tranafe-ol Assigned Exp Sticker No: Class Sticker No: Transferred Title No: Transferred Tag No: Relation To Applicant: No of Dup Reg Cards: 0098149 [ ] W/Renewal [ 1 W/Tag Replacement [ ] W/Tag Exchange PennDOT Fees Sales Nse Tax--660. D0 Title Fee: 22.50 Lien Fee: 5.00 Reg/Proc Fee: 36.00 Dup Reg Fee: 0.00 Transfer Fee: 0.00 Increase Fee: 0.00 Replacement Fee: 0.00 Other Fee: 0.00 Sub Total: $723.50 Dealer Fees Messenger Fee: 0.00 Service Fee: 0.00 Notary Fee: 0.00 Plate Fee: 0.00 Doc Fee: 0.00 Sub Total: $0.00 OLRS Fees Check Fee: 0,00 OLRS Fee: 14.15 Sales Tax: 0100 Sub Total: $14.15 Grand Total Due: $737.65 [ ]- Request for Optional Registration At A Weight Exceeding the GVM (MV-1005) WARNING: The operation of a truck Loaded beyond the manufacturer's Gross Vehicle Weight Rating (GVWR) may create unsafe conditions and also void the manufacturer's warranty if damage should 1 overloading. Check with your dealer or factory representative. You should also c nsult your insurer concerning possible adverse effects to your insurance coverage with respect to such overl I/we request that the above described vehicle be registered at the gross vehicle weight (RRGW or RRCGW) Listed above under the provisions of Section 1916(b) of the Vehicle code as amended by l No. 8 (1980), approved 2-15-80. I/we acknowledge that I have been warned by the Department of Transportation that loading my truck beyond the manufacturer's gross weight rating may damage ti its occupants, as well as other vehicles and their occupants and pedestrians; and I/we assume all risks connected with any such overloading of the truck. I/we 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 perlec 1/we further acknowledge that I/we may be subject to a fine not excceding $5,000 and imprisonment of not more than two (2) years for any false statement that I/we may make on this form, and I/ I/we have nod and signed this form after its completion; and, thatI if an exemption from payment of sales tax is claimed, I am/we are authorized to claim this exemption. 1/we further cert statements herein are true and correct and make application for certificate of title for the vehicle described above. Date Subscribed and sworn to: Signature of Applicant or Authorized Signer: Signature of Notary Administering Oath: Signature of Co-Owner/Title of Authorized Signer: [ I VIN/GM Certification or Tracing is Required. S ....................................................................................................................................... E Place Signature of Person Verifying VIN/GVWR or the Tracing Here: I hereby certify that I have verified the VIN/GVWR of A this vehicle and the VIN/GVWR listed above is correct L SIGN: DIN: Detach Here 01 of 01 COMMONWEALTH OF PENNSYLVANIA REGISTRATION CARD EXPIRY: MAR 31, 2006 VALID: 05/10/05 PLATE: GBF6892 TITLE: 53346699403 RI VIN: 4A3AL54F6XE083855 YR/MAKE: 1999 MITS TYPE: CID WID: 05130 3400 015210-001 EMISSION INSPECTION REQUIRED/DIESEL EXEMPT COUNTY: CUMBERLAND JOHN L RIETHEIMER 3RD 3710 LEYLAND DR MECHANICSBURG PA 17060 I hereby acknowledge this day that I have received notice of the provisions of Section 3709 of the Vehicle Code. SPANKEI"S AUTO SALES, INC. • 701 East Locust St., MECHMICSBURQ, PA 17055 •766-1693 • Routes 11 & 15, SUMMERDALE, PA 17025 •732-2290 • 1702 Hanteb7g Plke, CARLISLE, PA 17013 •241.2410 39317 RECEIPT NO. a41?0105- $ i) DETAIL ACCOU NT NOT E HOW P AID AMOUNT DUE CASH AMOUNT PAID CHECK CREDIT CARD BALANCE MONEY BY DUE ORDER Thank You FORM CTM-138-4-NC (8) (3(9) Rey.,olda and Reynolds ALL-srATE'LEGAL 800222051L ED11 RECYCLED 10/12/2006 10:15 7176913418 SPANKEY'S AUTO SALES PAGE 02 National' AutotPi'* ive- DistribiWou N twork: coo P.O. gait 162 Avoca; Permsylvtinia 78641 -0182 BONDED "*t Dow p?lseaePYewAprrdadPri•rLawy/ 1 J99 owner's Name 301?M L RIETHEIMER iI _ Vehicle Year.. Address 3710 LEYLAND DR Vehicle.Malils. MITSUI3ISNI ' city NECHANICSDURG Vehicle. Model'- ECL.I•FSE State / Zip PA '170SO Mileage ...79074 ? TMU. p {'71?)728-99 7 4A Ai_54FSx1083866 Cust. Phone VIN. No. Dealer's Name . SPANiiy's. AUTO .SALES.' : Vehicle- Price .11001). UO' • Dealer's Phone 7177377777 Engine Size 440 kjj ._ W.N. Transmission -luT .,, Lion Molder' CASH Additionat-Equipmdgt Includes: 4WD 0 AW0 ? Tuft 407 McAlpine Street •- Clairris• Admin/stavd -by The Guardian Warranty Corporation-(GWCJ • (57r'0) 414 'Toll Free:1.600.46Z-7957• Fsx: (570} 411-2800 ' • . Application Elir ?Jsed'ifehieie 'Puwertraiii atid Major.A•ssetatiiY Coinpunettt:Con?tract? •••OMOMAL•`HJGH 'rECH 90. days or 3,500 miles* 180 days . or 6,500 miles* 12 months or 72,500 miles` -? 24 months or 24,500 miles- 36 months or .36,5W miles""* I Contract Renewal Contract Transfer ' Vehicle must have less their 430,000 miles *• Vehicle must have less than 445,000 mifes Vehicle must haire fens than 100,000 mfts CONTRAICT AMOUNT $, . (Available only on vehicles with Iris than 80,0011 miles) "Psak+p r•• 6Vff q ACCEPT DECLINE • F?6ww MkMM- motC, .'switahea. r' • Power Wndows= motors, ragAeram switches. • Poww Door Locks: ac[uatm , awitch6s. = . Power seats: nPO W , switch". • Pevwar Alumna: mown onlY. • P"W Sunroof • Calwer0b top in-tom *rJyj • Electrordc Ignition Modular. • Fuel Pump., OPTIO)VAL. ABS PACKAGE (Available only an veiticies with less than 80,000 miles) 8nlifYbr Ass • Electronic Comio4 Processor. • Pressum modulawr valve. • Isolo M Rump vulva ? Accretruletor. . '..1 ?J •.Hyomft pumd r Nkrw ass.m* ACCEPT 'DECLINE "CaVERLCD. COMPR7NeIIIT'maans 1jhe.foQowing components; STEERING: Poorer stoidnp primp; rack l IMMI e, stearirg'year bim COOL:f NIS. Radator, waterpinlp, tll?vrrmstat, electric ratSator fan motor. fan & dutch. coolant recavayretdo.Thefokwingaisopmsslyexekded'fremcodarrtsystlilrh heater?pa.blow?hihatara,eknr?trvnicswitches TRANSMISSION. Case,toiquacarrrvrtar &housing, al intemallylubricatedpartswith the'didusioinofthefolloivinp;Clutch,pre adireplate&thre.m.wt.bieriip,linkage,cables,slifter.eleciralieswitches, swenoids& ehmch slam cyidrrs. ENt INE: Tnreng dhaii & gears, tilrling boksr' L velvetioin, t yrnnder' liead,all:KOctmky khhricaRed part3, intake & exhaust rtahnifnld milicebkick. FLUIDS; Aiy fluids ragifM as a result uf•cow ited''em* ad ro*,fipb hr.'Air Cdnditioi"Rafrwant-AIR CONDITIONER.- (Ohigirhal OElfivquipmerht only) Compressor, c ubA caldanaor, evaporator & drmliccumuiator. bii I: Aiy'eo- eirf faNii Clue to rsfrigerant cortidination of specified n>arnrfacwred wrkwation d, redraw" and evacuation of systom Systancamrerdo Pram treon to otherdnwnicsls .TURBO/S1fPERCNARGER: (Original OEM equi imerit only) TurhulSuper- charger eesambly and hibaW parts. Siiiharge,applies. ELECTRICAL : starter motor & drive alwa Wy, skerak voltage regulator, rest widow deiivster switch, Aectriaf horn & wadsbield wiper motor. SUSPENSNONt Upper Iciver caRrol aim shahs.The joints, (l6overape.,*p only if halt jvirht: fad after the vehicle Iias dmlen ir ke manifold gaskets srs coverall AN other seals at Wd ago Milesi. leaf and cal aWbgs, (only H broken) & spindiea. SEALS & GiASPEEM-Zyinder hood Basket aid it and gasketa A covered only in conjunction with a covered mot. BRAKES. All pnmpmrants,of theUydragfe system Wt:liriing, rotors, pads; drums,'&hwdwam ABS related tolrlpgne . c6wW wlw optional ABS PACKAGE is prrchased.Any canpeneat tallLm6o to fbid, eontm ihwtivn are ap eory? exckuled. DIRM AXLE: Oriye axle housing and intemal parts, universatjoirts, ring & pinion.Qears, attar, dfire shafts, CV joints provided hoots arenot tom or•dsmapd, Ibovts wtcludedi. FOUR WHEEL DRIVE: transfw case and internal part:. (Hubs & wheel Wwk ps are expressly exchlded.l . • , 1'rrupor?a?t?Da?li7iitiEforr ..., ::, .. You should undersjand the foNowhhg terms which ora.doldfaeed throughout tl contracL'Y.ou",.'YAUr"; "Cantraat Holder Mew the pars m appfyilg for fire P,achase of this Contract. "we", "Us", "nor", of "N.A.D.IY " moans National Automotive Distri6ution Network.,, "Meftenicel.8reakdotem" means the inability of my. Cvverk C"Wnaat to perform the function for,which it was deagnad due to defact3 n mmteria4or worlmrsnslep. eeliini0a) Bnralydawtt"does not indude the gradoa) roduction it operating per onnence where a failure has mt C. .. YDII .UNDERSTAND THEPI1111AME OF THIS COVERAGE IS IYffT NEQUIRED.TO =TAM RONCINS FOR THIS YENIGLE.Yvu o?pat Yoalym d,yr?derstaid, artd aa?pt thetarms and cartdrtivrw of this Coatrast Ynu further adwmwladpe *d this CerNe+et is bin Yot and N.A.DX., wide ban6 the-a'dtrpl rat& of go Contact, THIS IS NOT AN INSURANCE POLICY. Tirfq"s ?: ' arrow Irma.calrrzlcr. s? i?lrs? sieo? ivlaaAlNS"M & (Aealar A•Fax Tiarrsmirrall. ' r>7nsK r%E?rstornprl ,.? + GDLDMROD . rLJesJ'HOA r . - .. o nom. aFF?IC)e?us? Cahrttact N wa i ?: ?iwlrw:waa rurm.&SAWN tw w .. ?.,. WWI! lMai/ wi ?sym?x+u : YEC:kovii 10/12/2006 10:15 7176913416 SPANKEY'S AUTO SALES PAGE 03 National hAautomoUve. Distribution Network - N.A.D.N. Claims Administered by The Guardian -Warranty Corp.-(GWC) Contract: means this vehicle service Contract. It is -a Contract between You and N.A.D.N•. Vehicle: means the vehicle desctt'bed on the face of this Contract. 1. Um. This Contract shall be in effect as of the date acaapted•by Us and shall remain in knew O the expiration of either the time or mileage limitations identified on the•faee or this contract wlilchever occurs first. We reserve the'righi to' accept oi'refuse any Contract. All claims made aRer expiration ofthis Contract shall be rejected without regard to the date of the Mechanical Breakdown. . 2. y a ; We agree ro repair or replace a Covered Component of the vehicle as a result of a Mechanical Breakdown arising out of due normal use of Your Vehicle. We agree to repair., replace, or reimburse You the cost, less Your deductible, provided that We have given prior authorization before repairs begin. a) Parts: Replace eat of Coyered•Componeuts or parts may be made witb parts of litre kind, or, quality and may be new, rebuilt, exchanged,, or serviceable used componcuts Qs are customarily used in the automotive industry, b) Labor: Labor charges shall be based an the thca-current Chilton's Labor Guido and rates shall be within accepted industry standards. c) Your Dedactible: You shall be responsible for a 850.00 deductible for each unrelated Mechanical Breakdown. 3. Units on Elabllity: Our obligations under this Contract shall cease when the cumulative benefits paid or"payable under this Contract exceed the average value of-Your Vehicle at the limo of loss as determined by the then-current N.A.DA. retail priQc or the selling price of the vehicle, whichcvc is less.. We shall not be responsible for lost wages, lost time, lost uso, or any other consequential or incidental damages. Some states do not allow IS exclusion orlimitation of consequential or incidental damages so these exclusions may not apply to You. State law varies. 4. What is eat covered: The following arc not cavcred,by this C(ntract: s) Repairs wltbout. Our prior authorization and issuance of a Chian Authorization, Number and defects evident at time of salt mcaninge pre-existing. b) Repairs to Cowered Contpootentc caused by the fathae of a neoo-Covered Component. c) (ir+easm, lubricants, refrigerants, and sales but, fluid leaim d) Commorcial vehicles, included but not limited to, private contractor, taxi, emergency use, Owing of eoneessioat stands, and exhibitor trailers. e) Altered or customized vehicles beyond factory specification, included but not limited to, oversized tires, suspension or frame kits, f) Damage resulting from improper previous repairs. ,) Repairs required because of collision, modification, abuse, overbeati»g or operation without proper lubricants or coolants. h) Repairs arising out of negligence or the continued operation of an b npaired Vehicle. i) Excessive oil consumption, lees o£ eorrxprecsion, or gradual reduction in peoCfohmance not associated with the feilrtce of a Covered Component. j) Acts of God including previsous flood vehicles. k) Any Coveted Component which has not suffered a Mechankal Breakdown but which a repair facility remmmends be repaired or rcplacm (e.g. Preventive maint.enance). 1) Any loss when the Vehicle's odometer bas been tampered with, altered; allowed to rermain nonfunctional, die co=ected or broken. 5. ClailoaftW : In the event of a Mechanical Breakdown, You agree to protect the Vehicle from fanthar damage and to do the following: a) S=k_Wd[i_r;: 'Y`oke the Vehicle to a licensed and reputable repair facility. U the Vehicle taniiot be driven without further damage, You should have the Vehicle towed •to the repair facility. If the repair is covered by t his Contract, We will reimburse You up. to $60.00 for towing ampense. b) Dia4nostics_ uthod en Yoa are responsible for all expenses associated with the diegnosis of tbe.Vehiele's condition. Before any repairs begin, Vatur mechanic must contact Us before You approve any diagnostics and / or teardowiiThen provide Us with the nature of the:repair and estimated parts and labor charges. Provided that the repair is covered by this Contract, We will issue a Claim Authorization Number. We reserve the ri@3ut to inspect Your Vehicle before any repairs begin,. We also reserve the right to have the Vehicle moved to a repair center of OU choice. c) )?Q y ratation_ tour Claim Autho 'ization Number must appear on all invoices and supporting docamrcaits submitted to Us far payment. In addition, You must supply tare followirg information on all work orders: n Repair facility, name, address and phone with area code. II) Your name, address and phone with area code. ' III) Vehicle description, year, matte, model, VIN#, currant mileage. IV) 14ledumio'snamo. Estimate or repair order of Mee4anietti Breakdowu. 6. Bar: We are not responsible for faulty parts off labor provided by others during the course of a covered repair. 7. Your Obligat:ou; lia addition to the other provisions of this Coutram.Yon musC a) Make sure that all gauges, odometer, and warning sensors and Baltic ate working propaiy st all tunes. b) In order to receive coverage oa this Contract, 'Yon must at Your eapease rziaiataia the Vehicle according to 'nmutwtw'er specifications (Woo uding scheduled oil changes, traansmission florid changes Jiff ential fluid changes, fluid level checks, and the lubrication of steering components and suspensiou). We reserve the right to dew" proof of routine maintenance. c) Kerp the' odometer of Your Vehicle properly working at all times. ' d) Always m6nitor Youur gauges and warning lights and in case of a•problem find the first safe place and pull over. 8. IRenta}s. Irv the event that•the Mechanical BmmWown of a Covered Component roquites labor in excess of 8 hours, We will provide rental reimbursement of no more than $25.00 per day for a total of no mac than four days. Delays caused by unavailability of parts, shipping, strop schedules, or otboer factors do not qualify for rental reimburscmew; 4. ' Trendier; This Contralct is transferable ome tune and for the duration of its original term to a subsequent puroltasev of the Vehicle upon GWC's receipt of a notice advising of the transfer, a transfer fee of $100.00, and a completed inspection form. This Contract cannot be transferred to another vehicle, Iii the event of a transfer for which We have not received proper notice, this Contxict shall-be null and void as of the date of the trans fer. 10. Caneenatlon: Only in the event that the Vehicle is declared a "total loss" by the Insurance Company inmuriug the Vehicle, or if the Vehicle is validly repossessed try the Contract Holder's Lmnde , will W e and the IDealer refund, a portion of the Contract price. We shall refund a portion of the amoput received by Us film too Dealer to Yoa or the lienholder: We shall calculate the'amount io be returned by Us by prorating the amour paid to U7s by the Dealer based on the remaining time or mileage'on the Contr act and deducting any claims paid by Vs and a $25.00 service'charge. All cancellations must be requested through the selling Dealer. If full Contract premium is not paid by Dialetr, We reserve the right to cancel this Contract within sixty (60) days- C-UONADN i ' ALL-STATE 'LEGAL 900-M 0510 Eon RECYCLED ,-a ' EXW,? c "A CUT ABOVE THE NEST" 1 IP)INKEV 5 AUTO SALES, INC. January 16, Ocean City Texaco Barry Kuscavage, Owner 1206 N. Philadelphia Avenue Ocean City, MD 21842 RE: 1999 Mitsubishi Eclipse/VIN 94A3AL54F6XE083855/Brandon Rietheimer Dear Mr. Kuscavage: Thank you for taking the time in November to speak with Tonya of our dealership concerning Brandon Rietheimer's vehicle. As we understand it, you are the owner of the repair station, and you inspected the vehicle when it was brought in for repairs. You observed that the vehicle's waste gate actuator had been beaten with an object, probably a hammer, such that the gate would not open. The result of this action, in your opinion, was that while the engine would undergo a high boost, it would also cause the engine to fail. We also understand that you pointed out to Brandon Rietheimer that someone had hammered the gate closed and lie admitted that lie and a friend had done so. Assuming that the above is what happened, we would appreciate you signing this letter and returning it to us for our files. Brandon Rietheimer and his father have written us to complain that we sold them a "lemon" and that the failure of the vehicle was the dealership's fault. Because of that, we would like to have a letter in the file explaining the actual cause of the problem, should the matter come up months or years from now. We have enclosed a self-addressed stamped envelope and two copies of the letter. Would you please sign one and keep the other for your records. If the letter is incorrect, please change it, before you return it. Should you have any questions, please call me at 717-737-7777 ext. 338. We very much appreciate your assistance. V trul oursyy, a ,U- l General Manag r This letter correctly states my inspection of the vehicle and my conversation with Brandon Rietheimer, concerning his 1999 Mitsubishi Eclipse. Barry Ki vage 701 E. Locust Street, Mechanicsburg • Rt. 11 &15, Summerdale • 532 W. 4th Street, Lewistown 1702 Harrisburg Pike, Carlisle • 200 N. Walnut Street, Mechanicsburg VERIFICATION Subject to the penalties of 1a Pa.C.S. § 4904, relating to unsworn falsification to authorities, E, Donald Leggett, President of Spenkey's Auto Sales, Inc., hereby certify that I am authorized to make this verification on behalf of Spankey's Auto Safes, Inc., and have reviewed the foregoing Answer with New Matter and that the facts set forth therein are true and correct to the best of my information and belief. ?a ' d Ee;ggett President of Spankey's Auto nc_ Dated, October , 2006 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served upon the following via first-class mail, postage prepaid: Kenneth F. Lewis, Esq. 1101 North Front Street Harrisburg, PA 17102 &ij Q, I" Ki erly A. Selemba Of Counsel for Defendant Spankey's Auto Sales, Inc. Dated: October 13 , 2006 ?-? ^; o -;? -?, __ --, --+ :? _ , - ?.'°? b _. .. i? ?4 :{; KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff BRANDON RIETHEIMER and IN THE COURT OF COMMON PLEAS OF JOHN RIETHEIMER,`III, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 06-5146 CIVIL TERM SPANKEY'S AUTO SALES, INC., Defendants JURY TRIAL DEMANDED RESPONSE TO NEW MATTER The Plaintiffs, by their attorney Kenneth F. Lewis, file this Response, averring as follows: 18. Plaintiffs incorporate their Complaint in its entirety herein. 19. The allegation states a conclusion of law to which no response is required. 20. The allegation states a conclusion of law to which no response is required. 21. The allegation states a conclusion of law to which no response is required. 22. The allegation states a conclusion of law to which no response is required. 23. Admitted. 24. Admitted in part and denied in part. The contract (attached as Exhibit "B" to Defendant's Answer) speaks for itself. Moreover, it was Spankey's that handled the claim with the vehicle (telling Mr. Rietheimer they would not fix the vehicle, nor pay to have it fixed; telling Guardian that Mr. Rietheimer voided his warranty by purposefully damaging the vehicle, etc.) 25. Denied as stated. Brandon Rietheimer's recollection was that the car was brought to Spankey's on or about May 7, 2006. 26. Admitted in part, except that Plaintiffs do not recall the exact date of the return of the vehicle and strict proof is demanded of the actual date. 27. Admitted. 28. Admitted. 29. Admitted. 30. It is vehemently denied that Brandon Rietheimer hammered the gate actuator closed or that he told anyone he did so. 31. Denied (see response to paragraph #30). 32. Denied. Spankey's handled the claim. Guardian never denied any claim. It was Spankey's that indicated the damage would not be covered. 33. It is denied that Plaintiffs did anything to damage the vehicle. 34. Denied as stated. It is unknown whether an employee of Spankey's did something to damage the vehicle or whether the damage was done to the vehicle (by a third party) prior to Spankey's obtaining the vehicle and selling it to Mr. Rietheimer (and that Spankey's failed to notice the damage prior to selling the vehicle to Mr. Rietheimer). WHEREFORE, Plaintiffs demands judgment as follows: a. $24,767.55 (representing three times the actual damages suffered by Plaintiffs of $8,255.85); b. Plaintiff's reasonable counsel fees (to be proven at trial); and c. Costs of Court and any other fees, costs and further relief as the Court may deem appropriate. DATED : l 1131d KE NET F. LEWIS, ESQ. At orney for Plaintiffs Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: 11, 131C JO RIETHEIMER, III VERIFICATION I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED : -?- BRANDON RIETHEIMER CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document upon attorney for Defendant by mailing same, postage prepaid at Harrisburg, PA, on the filing date, at the following address: Barbara Darkes, Esq. McNEES, WALLACE & NURICK P.O. Box 1166 100 Pine St. Harrisburg, PA 17108-1166 I DATED: uKENNE H F LEWIS, ESQUIRE Attorney for Plaintiffs C c::D D Wn TI i v Curtis R. Long Prothonotary Office of the Vrotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor [ J? - S??(o CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573