The URL can be used to link to this page

Home My WebLink About07-0117J c-7? - COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. w -1/!7 P- i u I: ( . NOTICE OF APPEAL `TFx-n 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. NAME OF APPELLANT - MAG. DIST. NO. NAME OF D.J. Caffrey Auto Supply, Inc 09-3-04 Thomas A. Placey ADDRESS OF APPELLANT CITY STATE ZIP CODE port-inc- Rill ROAd g PA 17050 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 12%14/06 Caffrey Auto Supply , Inc. Vs Apple Automotive Group, Inc. d/b/a DOCKET No. _ SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT Apple Ford CV-0000323-06 This block will be signed ONLY when this notation is required under Pa. 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. Signature of Prothonotary or Deputy 44! If appellant was Claimant in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (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. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To Signature of appellant or attorney or agent , appellee(s) of appellee(s) (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 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 __..------- ----- ._ __..___--------- Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY 1'k PROOF OF SERVICE OF OTIC OF APP!`AL A N3 kkj?-E TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN 71 1, fL Check applicable COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: l h- ? a N tppe 'I ea , No e stice designated therein, on . 5ervice by (certified) (registered) mail, A urr) by personal service by (certified) (registered) mall, (SWORN) (AFFIRMEI ,. THIS CLAY OF Signature ofafflant Signature of official before whore affidavit was made Title of official My commission expires on 20 AOPC 312A - 02 h w? rn O .. COMMONWEALTH OF PENNSYLVANIA 4hni INITV nC• CUMBERLAND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717) 761-8230 17050 CAFFREY AUTO SUPPLY, INC. 110 S. SPORTING HILL RD. MECHANICSBURG, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE q' PLAINTIFF: NAME and ADDRESS rCAFFREY AUTO SUPPLY, INC. 110 S. SPORTING HILL RD. MECHANICSBURG, PA 17050 L J vs. DEFENDANT: NAME and ADDRESS rAPPLE AUTO. GRP INC DBA: APPLE FOO 3250 CAPE HORN ROAD RED LION, PA 17356 L -I Docket No.: CV-0000323-06 Date Filed: 6/06/06 THIS 1S TO NOTIFY YOU THAT: FOP; DEFSJDA>!?T (Date of .dud Judgment: 4vent) * 12/1406 _ R : Judgment was entered for: (Name) APPLE AUTO. GRP INC DBA: APPLE FORD ® Judgment was entered against: (Name) CAFFREY AUTO SUPPLY, INC. in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time F 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 $ Amount of Judgment $ .00 Judgment Costs $ 00 Interest on Judgment $ .00 Attorney Fees $ .00 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 JUDGMENTITRANSCRIPT 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, ER THE JUD MENT IN THE COURT OF COMMON PILE , ALL FURTHE PROCESS,MUST COME FROM THE1CQURt.OF. CO9VIMPON PL . AND I FURT-HEWPAOCESS'IVI I? I E;ISS JEIOt `FHE mAGIS,T 141AL #IST 110 JUDGE UNLESS THE JUDGMENT IS ENTERED INE 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. k ` Date ,. I certify t at this is a true a correct Copy of the record of tl Date IA- My commission expires first Monday of January, 2010 AOPC 315-06 J , Magisterial District Judge prKCeedings containing the judgment. Magisterial District Judge SEAL DATE PRINTED: 12/14/06 3:22:00 PM Postal CERTIFIED MAILTm RECEIPT C0 CERTIFIED MAIL. RECEIPT P- i Cr (Domestic Mail Only, No Insurance Coverage Provided) o^ (Domestic Provided) N ru ru Z21 ? C3 p - Postage $ Ln Postage $ V7 C3 Certified Fee C3 C3 Certified Fee Postmark C3 C3 Return Receipt Fee Postmark Here C3 Return Recet Fee (Endorsement Requi ed) Here (Endorsement Required) ° C3 C3 Restricted Required e (Endorsement t ) ° r-1 Restricted Delivery Fee (Endorsement Required) tal C3 Total Postage & Fees $'(.(.4 r1/ 4 0 -7 ° Total Postage & Fees $ (1 r, Z 07 (( .A .A p ° C3 en To TSrt icy S E<}9?/ ° --° - o or PO Box No ' /l ?o F : i - . .... Q!?Tl----------- ZIP+4 i? f'JoSO ' SB?KC L? aN Sl?.- c, - ? S Form :0 ' OF SERVICE OF NOTICE OF?A? PEA'. AND R°)'T Ftt, --D W1 THIN TEN (I C,, E,, BE FILE { ANI DAUPHIN ,wear) (*&4j) that I served 07-117 Civil Term P.' -e ref r - C trYt°2 on P'--) ? C. :Yap y) 12, 2 07 byparsen-3 Apple motive Group, Inc. d/b/a iY„n., dr€ then paPle, (rrr ^! 'Apple Fora January 12, 20 07 4 person . fir ' pcse t x ,eceipt attached hweto. s ) A SUBSCRIBED BEFORE ME T 12th ?^ rh/L?r`YO January 20 07 P ) efidaVit MIS t de Notary Public 20 C81lEiilbhllRIEJNLTH OF PYLVANU NOTMX SEAL CHERYL L N, Nohq Pubis car a HwrMx . DavpWn Daft Nb Cmde ion Expku Apd % M Ronald D. Butler C] o C ° -6 -0 Li t.. ('i't r f ; ,5:_: 7p? rn Fn Q :J - o LUMMUNVVEALTH of PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland ?ic NOTICE OF APPA FROM -? DISTRICT JUSTICE JUDGMENT I COMMON PLEAS No. Q1 -1/ / : , I' h 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. IvwU. u15T. NO. NAME OF D.J. Caffrey Auto Supply, Inc. 09-3-04 Thomas A. Placev 110 S. S ort:in Hill Road Mechanicsburg PA 17050 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' d /b /a 12/14/06 Caffrey Auto Supply, Inc. va Apple Automotive Group, Inc. CV-0000323-06 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) 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 District 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. Signature of Prothonotary or Deputy / ? 'd 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 Enter rule upon appellee(s), to file 4 jcomplaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry af?judgment of non pros. Signature of appellant or attomey or agent RULE: To appellee(s) Name of appellee(s) (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 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 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 C itT nu J CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-117 CIVIL TERM APPLE AUTOMOTIVE GROUP, INC. d/b/a APPLE FORD, Defendant CIVIL ACTION - LAW V. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 t COMPLAINT AND NOW, comes the Plaintiff, Caffrey Auto Supply, Inc., by and through its CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-117 CIVIL TERM APPLE AUTOMOTIVE GROUP, INC. d/b/a APPLE FORD, Defendant CIVIL ACTION - LAW attorneys, Butler Law Firm, and files this Complaint against Defendant, Red Lion Chevrolet/Oldsmobile, Inc. d/b/a Apple Chevrolet Oldsmobile East, and in support thereof avers the following: 1. The Plaintiff, Caffrey Auto Supply, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 110 South Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Apple Automotive Group, Inc. d/b/a Apple Ford, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 3250 Cape Horn Road, Red Lion, Pennsylvania 17356. 3. On or about July 11, 2000, Plaintiff and Defendant entered into a consignment agreement ("Agreement") whereby Defendant accepted various equipment and materials from Plaintiff. A true and correct copy of said Agreement is attached hereto and made a part hereof as Exhibit "A". 4. Pursuant to the terms of the Agreement, Defendant has failed and refused to pay i ? for supplies and materials as set forth on the following Invoices: a. Invoice Number 88896 dated December 22, 2005, in the amount of $4,291.07. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "B". b. Invoice Number 88897 dated December 22, 2005, in the amount of $1,796.70. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "C". c. Invoice Number 88898 dated December 22, 2005, in the amount of $159.00. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "D". d. Invoice Number 88899 dated December 22, 2005, in the amount of $196.37. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "B". e. Invoice Number 88900 dated December 22, 2005, in the amount of $159.00. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "F" f. Invoice Number 88901 dated December 22, 2005, in the amount of $212.00. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "G". g. Invoice Number 88902 dated December 22, 2005, in the amount of $189.74. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "H". 5. On or about March 30, 2006, Defendant made one payment in the amount of $2,204.73. 6. Defendant has also failed and refused to pay finance charges in the amount of one and one-half (1.5%) percent per month from January 31, 2006. The amount of finance charges due as of January 31, 2007, is $938.80. 7. The prices Plaintiff charged Defendant for all of the aforementioned equipment and supplies were just and reasonable and were the legal and market prices therefor at the time of delivery. 8. The total balance due and owing by Defendant to Plaintiff for the aforementioned equipment and materials plus the finance charges thereon is $5,737.95. 9. Plaintiff has frequently demanded payment from Defendant of said amount due and owing but Defendant has refused and neglected to pay said amount or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $5,737.95 plus interest and costs and all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM By: Ronal D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 10 S. Sporting Hill Roac PO Box 16c. tilechanicsburg, PA 17055-016 717-761-680(- FAX 717-761-7320 CONSIGNMENT SYSTEM PRODUCT 1 1 1 1 1 12 12 12 6 1 1 1 1 i 1 1 3 3 1 55 GALLON SOLV ALL 55 GALLON ALL PURPOSE SUPER CONC 55 GALLON HI SUDS 1 GALLON XTRACT KLEEN 5 GALLON GLASS CLEANER CONCENTRATE CANS MINT FOAM CANS TU-10 DRESSING CANS VFC CANS BLACK SPRAY PAINT 5 GALLON DRESS'EM UP 5 GALLON M.C. WHEEL CLEANER 1 GALLON TAR CLEANER i GALLON ODOR OUT 1 GALLON SLICK BAR BLUE CLAY 1 GALLON DIAMOND SHINE 1 QUART LIQUID CARNUBA FINISH VELCRO CLEAR COAT PADS ABSORBER I ACKNOWLEDGE THAT FROM CAFFREY AUTO MAINTAINED BY THE 1 WASH M-TIT BLUE !WIPES 1 RAXOR BLADES 1 STEEL WCOL 3 TRIGGERS 3 BOTTLES 1 WHITE WALL BRUSH 1 DETAILS BRUSH 1 PARTS BRUSH 3 WAX DISPENSERS 1 UPHOLSTERY BRUSH EQUIPMENT 1 LOCKING STORAGE CABINET 1 GRAND PRIX EXTRACTOR 1 FIVE GALLON RACK SYSTEM 1 3 BOTTON METERING DEVICE 1 TOWEL DISPENSER 1 METAL DRUM PUMP 3 3/4" FAUCET 1 8 STEP CHART 1 PACK MSD SHEETS THE ABOVE EQUIPMENT AND MATERIALS SUPPLY, INC. THIS INVENTORY DEALER. SIGNATURE SIGNER HAND PRINT NAME HERE TITLE COMPANY APPLE FORD ADDRESS 3250 CAPE HORN ROAD RED rL,ION , PA 17356 DATE n U 1 7- EXHIBIT "A" ARE ON CONSIGNMENT 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050.3057 717-761-6800 BILL TO: 10087 APF'I__E: f=ORD 3250 CAPE* HORN ROAD RED I_.. T ON I= A 1.7356 SHIP TO: 1.0087 a¢•*-X- SAME • CHECK NO 0. NUMB ER P O. DATE SHIP VIA SHIPPING DATE TERMS ACCT SALESPERS ON BILLED BY 1121 10 5 DETAIL 112?'22/05 NET 30 DAY 15 1.7 iSEQ. ORDER :. CODE' • 1 1 0 ABS 149 THE 'ABSORBER 17.25 12.95 1.;R. 53 1 1 0 AND LM':75 WASH MITT COX 11 5.25 3.95 3; r.1 1 1 0 BRO 1800 METAL DRUM PUMP 31.95 23.95 ray I 1 0 CAS IGBP06 E::XTRACTO KL.E:E:N 27.10 20. 35 c:?Zl. 1 1 0 CAB 1 GBP 12 " SL I CK 23.00 17. 30 17. ;.30 1. 1 0 CAS IGBP25 ODOR--OUT 46.50 34.95 34. 1 1 0 CAS 1GBP9 TAR REMOVER 33.50 24.95 24.95 1 1 0 CAS 1 GDS DIAMOND SHIN[--'/GAL- 51.00 37.95 37.95 1 1' - 0 CAB 200-B' CAS-CLAY BLUE 33.25 24.95 24.95 ? 6 6 0 CAS 2602 D. C. SEMI GL. BLACi 4.65 3.49 20.94 1 1 0 CAS 55GBP02 SOLV--ALL DEGREASE 635.00 364.95 ? 364.95 1 1 0 CAS 55GSC 100 ALL PURPOSE CLEAN : 456.50 342.95 34;-::',. 95 a. SUPER CONCENTRATE I 1 0 CAS 5 5GSC200 HI-SUDS CAR WASH 456. 50 3,42. 95 2"42. 1_7115 SUPER CONCENTRATE 1 1 0 CAB 5GBP65 DRESS' M UP' 1.31.75 99.00 99. 00 1 1 0 CAB GMC49 M. L. WHEEL CL.EANEI 95.70 71.95 ? 71.95 A 1Yz%SERVICE CH ARGE oW ILL BE AS C -1-1 - SESSED ON ALL PAST DUE BALANCES. IT At I UnO17ATInKl Alrl DCTI IDAIC nK1 CPF(?141 nPnPRC The Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- chantability 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 merchandise. ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. RECD. BY (FULL NAME) X CUSTOMER COPY EXHIBIT "B" 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 1X71718 7 SHIP TO: 10087 APPLE FORD 3250 CAPE HORN ROAD* SAME RED LION PA 1735E INVOICE NUMBER 00088896 p'Ia DATE 1 CHECK NO. ?.O. NUMBER P.O. DATE SHIP VIA 11/21/05 DETAIL 0 .•. :. .. SHIPPING DATE TERMS 12/- 5 NET 30 DAY DESCRIPTION LIST ACCT. SALESPERSON BILLED By 015 17 PRICE EXTENSION 1 1 0 CAS SGSC3'00 GLASS BR I TE CLEAN 101.00 73.95 75.93 * SUPER CONCENTRATE. 3 3 0 CAS 8CEPP-V VELCRO CLEAR COAT 17.95 12.95 38.85 1 1 0 CAS MD3 METERING DEVICE # 392.35 x:100. 00 200.00 3 3 0 CAS 01-CF LIQUID CARNUBA FI N 13.25 9.95 29.B5 * 1 1 0 CST 304705 PK/ 100 SE. BLADES 7.71 5.95 5.95 * 1 1 0 ' FLT 103 DETAIL BRUSH 4.00 2.99 2.99 1 1 0 FLT 105 NYLON PARTS BRUSH 10.00 7.95 7.95 i 1 0 FLT -72 BRASS W/W BRUSH 8.00 5.95 ? 5.95 1 1 0 FL.T PF85 VINYL TOP BRUSH 7.00 4.95 4.95 1 1 0 MID 203001E MAXI D'ISP/BLUE 45.15 33.95 33.95 1 1 0 MYT HP100 GRAN PRIX II E:XTR 2295,.00 1695.00 1595.00 * SN 1 1 0 1=1RW BR "BLUE'-WIPES" ROLL 80.00 59.60 59. EEO * 1 1 0 PXX 1W999 STORAGE CABINET 255.00 179.00 179.00 1 1 0 PXX WC8 CAS WALL CHART 13.00 IZI.00 0.00 1 1 0 RIO SL00 2/0 STEEL WOOL 3.99 2.99 2.99 A 1 /z % SERVICE CH ARGE WI LL BE ASSESSED ON ALL PAST DUE BALANCES. I The Seller hereby expressly disclaims all warranties, either expressed or implied , including any implied warranty or mer- chantability 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 merchandise. INVOICE CONTINUED NEXT PAGE ? ? # al ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. REC'D. BY (FULL NAME) X CUSTOMER COPY ti w • 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 10087 SHIP TO: 10087 AP'P'LES. FORD 3250 CAPE HORN( ROAD SAME RED I_ I ONi PA 17 3 5G TOTAL I.C. NUMBER DATE SHIP VIA P.O. 1.1/21/05 DETAIL ORDER B.O. I CODE PART NUMBER SHIPPING DATE 12/22/05 DESCRIPTIO TERMS NET 30 DAY N ACCT. SALESPERSON BILLED BY 015 17 12 12 0 SHO P100 VINYL FOAM CLEAVE 4.65 3.49 41.B8 12 12 0 SHO P'310 MINT FOAM VELOUR 5.25 3.B9 ? 46.68 1; 12 0 SHO TU10 TLJ-10 COATING 5.50 3.139 47.88 3 3 0 TOL 123 3/4" FAUCET 3.95 1=. in 5 8.85 ? 8 8 0 TOL ' 32 ..32 OZ CAS BOTTLE 1.33 1.00 8.00 - 1 1 0 TOL 5GR 5 GAL. RACK SYSTEM 120.00 89.00 89.00 * B B 0 TOL BA 32 OZ TRIGGER 3.95 2.95 23.60 3 3 0 TOE_ WD 12 12 OZ WAX D I SPr 2.00 1.59 4. 77 * a 11/2% SERVICE CH ARGE WI LL BE ASSESSED ON ALL PAST DUE BALANCES. The Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- :hantability or fitness for a particular purpose, and the Seller neither assumes nor authorizes any Ih .p??{{$$or?(o assume or it any liability in connection with the sale of this merchandise. t.l •..? ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. 3EC'D. BY (FULL NAME) X IFl I f4 X I AMT T * INVOICE' INVOICE NUMBER 00088896 PG s DAME CHECK NO. 4057. 68 23,31. r.. Y 4291. 0"7 CUSTOMER COPY 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050.3057 717-761-6600 •x• INVOICE _ INVOICE NUMBER 00088897 PG- 1 BILL TO: 10087 SHIP TO: 10087 APPLE FORD 3250 CAPE HORN ROAD SAME RED LION IDA 17356 DATE Via i I CHECK NO '.O. NUMB ER P .O. DATE SHIP VIA SHIIPPING DATE TERMS ACCT. SALESPERS ON BILLED BV 1 1/21 /05 DETAIL 12/22/05 NET 30 DAY 015 17 . :. .. PART NUMBER DESCRIPTION LIST • i 1 0 MY N 1 -(THAN PRIX II EXTR .00 1895.00 1695.00 ? SN 05A0403034- 1 SERVICE CH -A-1- ARGE WI -11-- LL BE AS II111-1 SESSED ON ALL PAST DUE BALANCES. - Al 1-n-- inAI h1n OCTI IOAIC nAI QDI r'IAI non?DC - The Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- chantability 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 merchandise. 0111 - CES 1 . I(t TOTAL 169`;. 00 TAX 1 101.70 ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. RECD. BY (FULL NAME) X AMT TO PAY 1 CUSTOMER COPY EXHIBIT "C" 110 S. SPORTING HILL ROAD - MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: ' L6 1-11P SHIP TO: '0087 3.=?0 I?i=?pf_ r•iCF?P..J :'`_- t;i.? . ?s =1=1it1? ?•,..?- r -,, .?. _I_I ?_ INVOICE 1•IUMBER 100 1) 4 j DATE I.I1? +.: 'd;1- CHECK NO D. NUMB ER P.O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPER SON BILLED BY ?l-' AN ; 17_t/1 1 i?1Y DE.1 r.:L MET ,0 DP..'( ?h0 th9 rSEQ. ORDER SHIP B.C. CODE PARTNUMBER DESCRIPTION LIST PRICE EXTENSION ..: :. M I X I I r?:- 41171` ' 0' ?Q? °, - t 1'A% SE RVICE CH ARGE WI LL BE AS SESSED ON ALL PAST DUE BALANCES. O MERC HANDISE R ETURNS WITHO UT AUTH ORIZATION. NO RETURNS ON SPECIAL OROFRB- le aerier nereoy expremmy aisr:arms air warranties, enner expressed or implied, including any implied warranty or mer- lantability or fitness for a particular purpose, and the Seller neither assumes nor authorizes any,gWfLffftr,Uo assume r,t any liability in connection with the*e of this merchandise. F' 1 L 1 +:? t , IZ T ! ;' 1 I 30VE ITEMS HAVE BEEN CHEOKED AND RECEIVEq AS BILLED UNLESS OTHERWISE NOTED. AMT TO PAY, -:? vp*_s 00 M- - -, I 1 ------.----v - - - - - - - SIC M - AMC ?? -- J`? S;?` - -` ???v? ------------ 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 170503057 717-761-6800 BILL TO: 1 OLA87 APrP'I__E FORD 3250 CAPE" HORN ROAD RED 1-ION PIA 173`6 SHIP TO: 117117.187 SAME* CHECK NO '.O. NUMB ER P.O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPER SON BILLED BY 1 1/2 1 /05 SERV ICE;' 12/22/05 NET 3 0 DAY 2115 17 . :. .. PARTNUMBER DESCRIPTION LIST PRICE 1 1 I 0 CAS MD 1 - S I NGI-E METER #832' L 175.00 150.00 150.00 ? a 1 Yz % SERVICE CH ARGE WI LL BE AS - SESSED ON ALL PAST DUE BALANCES. --? - fhe Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or ruer- :hantability or fitness for a particular purpose, and the Seller neither assumes nor authorizes anyr,eilft:: ?p6cSe??-to assume or it any liability in connection with the sale of this merchandise. t- 1 ! ., C;:] >BOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. 'IEC'D. BY (FULL NAME) X CUSTOMER COPY EXHIBIT "a" r ?Innrra 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 1705x3057 717-761-6800 1/46 -U BILL TO: i It' 0l 1 r SHIP TO: 1. ilk =+Pf=L= F r- RD x`50 CAPE HORN ROAD };?4 '3PNE RED LION PP, L t1 INVOICE NUMBER DATE J 171 CHECK NO. `LUMBER P .O. DATE SHIP VIA SHIPPING GATE TERMS =SALESPERS ON BILLED BY Z-11 6:0 SERIJI?E NET .:aV t DAY 41'? . ORDER 1 CODE PART NUMBER . . N PRICE EXTENSIO +B' 'CAS MD 1 SINGLE METER #83E 175. ?O r fit. ?? J: 00 cat `ir a SERVICE CH ARGE WI LL BE AS SESSED ON ALL PAST DUE BALANCES. MERCHANDISE RETURN S WITHO UT AUTHORIZATION. NO RETURNS ON SPECIAL ORDERS. Seller hereby expressly disclaims all warranties, eruter expresses or impueo, mciuamg any impoev wammny v, ",a'- ..,.. _ I u. r ryu ?. .?. ntati ty or fitness for = articular purpose, and the Seller neither assumes nor authorizes any othergerson to assume any liability in connection with the sale of this merchandise. i= I CES 1.0 TAX 1 CVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. AMT TO GAY frt. ?r?,Jl r C'D. BY (FULL NAME) X - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - --- - 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 1. 0 087 APPIJ'-- FORD 32517.1 CAPE HORN ROAD RE :D L.-ION PA 17356 SHIP TO: 10121187 SAME CHECK NO '.O. NUMBER P.O DATE SHIP VIA 11/21/05 DETAIL_ .•. :. CODE PART NUM13ER SHIPPING DATE 12/22/05 DESCRIPTIO TERMS NET 30 DAY N LIST ACCT SALESPEflSON BILLED BY 015 17 PRICE EXTENSION 1 1 0 CAS MD 1 SINGLE METER #832 175.00 150.00 ? 150.00 1 1 0 Px X 121 METER INSTALL KIT A.6.95 35.25 35.25 ? A 1Yz % SERVICE CH ARGE WILL BE ASSESSED ON ALL PAST DUE BALANCES. nvv nv l nvrncn i w1,. - n? i vn1,o v1 , or?? - vn-- The Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- chantability or fitness for a particular purpose, and the Seller neither assumes nor authorizes any011 her erson to assume for it any liability in connection with the sale of this merchandise. C E S ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. RECD. BY (FULL NAME) X 2.0 CUSTOMER COPY 165.25 TAX 1 018IT"E l 110 S. SPORTING HILL ROAD • MECHANICSBURG. PA 17050-?057 717-761-6800 BILL TO: SHIP TO: 7 INVOICE NUMBER DATE CHECK NO. NUMB ER P.O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPER SON BILLED BY E ORDER E3-0. I CODE PART NUMBER DESCRIPTION LIST PRICE EXTENSION L : 0 .CAS Mid l S INS1 _E METEW;#832 ` _ 0: 4?4 .': ?0 . ' 1 J. 0 ^I V >- Y, 1 .i N r T L. j T tE: i ILr. 1 1'`r r; rte. .. _ y i Z, .7 T 11/2% SERVICE CH ARGE WI LL BE AS SESSED ON ALL PAST DUE BALANCES. ) MERCHANDISE RETURN S WITHO UT AUTHORIZATION. NO RETURNS ON SPECIAL ORDERS- a teener nereoy expressry olscrasns an warrannes, envier expressea or Implied, inuU0In9 any implied warranty or mer- ,ntabiliry or fitness for a particular purpose, and the Seller neither assumes nor authorizes any ofier?erson to assume I any liability in connection with the sale of this merchandise. i 11_ C E :S CVE ITEMS HAVE BEEN CHECKED AND RECEIVEp AS BILLED UNLESS OTHERWISE NQT.ED. <AKT " TO PA V fx. C'D. BY (FULL NAME) X ?3 ?l :14ND, z3F 1,13N (OR 3-SIGNATURE- "v^PY) ----------------------------------------------------- .. 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 10087 AP -Il_EE FORD 3250 CAPE HORN ROAD RED i_ I ON I-'A 17,,:,:x= 6 SHIP TO: 10087 # SAME a?* CHECK NO. '.O. NUMBER P ORDER .O. DATE SHIP VIA 11 l21 /0 SERV ICE B.O. I CODE PARTNUMBER SHIPPING DATE TERMS 12/22/05 NET 30 DAY DESCRIPTION 0 ACCT. SALESPERSON BILLED BY X115 17 PRICE EXTENSION 1 1 0 CAS MD 1 SINGLE METER #832 175.00 15.0. 00 150.00 ? a 1 Yz % SERVICE CH .In K-D! UAKI-= ARGE WI DCTI ID- LL BE AS IAI-Un1 SESSED ON ALL PAST DUE BALANCES. 1T Al I UnE)17ATIn Kl Ain D=TI IDAIC nAi CDGnIAI nDr1CDC -he Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- ;hantability or fitness for a particular purpose, and the Seller neither assumes nor authorizes any rejtfj:gI!! 4,o assume or it any liability in connection with the sale of this merchandise. 1- r 4.. tBOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. 3EC'D. BY (FULL NAME) X I U I HL 1.Jv..114ty, .0 TAX I U. J CUSTOMER COPY CXftI BIT "F ?? Sporting Hill Rc, PC Box 1; rg, PA 1 ,7055-o 1 t 717-761-68( FAX 717-761-73, I ACKNOWLEDGE THAT I HAVE THE SUPPLY, INC. THE DEALER WILL BE EQUIPMENT WILL REMAIN AS LONG DEALER DISCONTINUES THE USE OF FOLLOWS: EQUIPMENT SINGLE METER FOLLOWING EQUIPMENT FROM CAFFREY AUTO RESPONSIBLE FOR MAINTENANCE OF SAME. THIS AS THE DEALER USES CAS PRODUCTS. IF THE CAS PRODUCTS, THE DEALER WILL BE BILLED AS SERIAL # VALUE CASM01 150.00 NAME (PRINT) 1 ,v SIGNATURE TITLE COMPANY APPLE FORD ADDRESS 3250 CAPE HORN ROAD RED LION, PA 17356 DATE ? ;ft) " 0 '/ 110 S. SPORTING HILL ROAD • MECHANICSBURG. PA 17150.3057 717-761-68CO BILL TO: 1 it-, 08 f-1Ff='LF FCC?C3250 CAFE HGRP+ NGF,D ;QED i_ ION 1-'f, l ?6 SHIPTO: { ¢ " 3 1ME INVOICE NUMBER VNIC CHECK NO D. NUMBER P.O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPER ON S MILLED BY '7? _,'1E2IJ J/L?/ ?1! ERV IIr 7 11'' 3/'21q/0ET ..J0 1) ?? y /? {J07 013 1. SEC. ORDER SHIP B.O. CODE PART NUMBER DESCRIPTION LIST PRICE Y 1 0 AS D1 'IN GLE METER #8:?? 0.00 EXTENSION 1 1 0 Y'' 2; h ET =^ INSTALL K I T r? . 00 0.00 ,.. c .. ,° / c A 1'ft% SE RVICE CH ARGE WI LL BE AS S BALANCES NO MERC HANDISE R ETURNS WITHOU . RrZArT W NO RETURNS ON SPECIAL ORDERS -+e Seller hereby expressly disclaims all wanardies, . either expressed or implied, including any implied warranty or mer- ; 7 .nantability or fitness for a particular purpose, and the Seller neither assumes nor authnri]PS atilt other n-nn to --me " 11 -y-.1.11Y.11 nnwuon wtui me sate or mts mercnanctse. ;-'.L G V C:7 10 I H x 1 0.00 ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. AMT TO PAY 0. MOM ?EC'D. BY (FULL NAME) X _ ; - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - &IV i l • 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 10087 APPLE. FORD 320 CAFE HORN ROAD RED L_ I ON P't1 1735C, ?f SAME CHECK NO. '.O. NUMB ER P.O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPER SON BILLED BY 1 1/2 1/05 DETAIL 12/22/05 NET -1O DAY 01 17 .•. :. .. PART NUMBER DESCRIPTION PRICE EXTENSION i 1 0 CAS MD.?, METERING DEVICE ##' 392.35 200.00 200.00 ? A 11/2% SERVICE CH ARGE WI LL BE ASSESSED ON ALL PAST DUE BALANCES. The Seller hereby expressly disclaims all warranties, either expressed or implied including any implied warranty or mer- -hantability or fitness for a particular purpose, and the Seller neither assumes nor authorizes any other erson to assume for it any liability in connection with the sale of this merchandise. PI ?CEJn' 1 'X0UVt I I tma r1AVt JttN UHtUKtU ANU HEUEIVEU AS bILLEU UNLESS OTHERWISE NOTED. RECD. BY (FULL NAME) X CUSTOMER COPY SHIP TO: 10087 TOTAL - - 200.00 TAX 1 AMT TO GAY .00 FX1+1 B IT \\G" r1 '. Sporting Hill Roa( PO Box 16; Mechanicsburg, PA 17055-016 717-761-680( FAX 717-761-7M I ACKNOWLEDGE THAT I HAVE THE SUPPLY, INC. THE DEALER WILL BE EQUIPMENT WILL REMAIN AS LONG DEALER DISCONTINUES THE USE OF FOLLOWS: EQUIPMENT METERING DEVICE FOLLOWING EQUIPMENT FROM CAFFREY AUTO RESPONSIBLE FOR MAINTENANCE OF SAME. THIS AS THE DEALER USES CAS PRODUCTS. IF THE CAS PRODUCTS, THE DEALER WILL BE BILLED AS SERIAL # VALUE CASM03 200.00 NAME (PRINT) 44 SIGNATUREt moo. TITLE ?Zti ?:,ti ,mac COMPANY APPLE FORD ADDRESS 3350 CAPE HORN ROAD RED LION, PA 17356 DATE to-i-7-c3 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 1 '7.1 16 : SHIP 70: 10 00,7 APPLE F--'-.J,RD RED I_ 101`4 PA 173' Sr rI'?n (: 34250 CAPE- HORN ROPE 5rME INVOICE NUMBER Ii_IL'tll?'j? 1 ?J• 'r ' DATE CHECK NO DUMBER P 2 7812 ORDER SEQ .O. DATE SHIP VIA 10/06/03DETAIL B.O. I CODE PARTNUMBER SHIPPING DATE TERMS i011'06/03 NET 30 DAY DESCRIPTION LIST ACCT. SALESPERSON BILLED BY 003 09 PRICE EXTENSION . i 0 A MD3 1+1ETER ING DEVICE. #4 1 0. 00 0. 010 h% S ERVICE CH ARGE WI LL BE AS SESSED ON ALL PAST DUE BALANCES. O MERC HANDISE RETURN S WITHO UT AUTHORIZATION. NO RETURNS ON SPECIAL ORDERS. `e seller nerecy expressry alsaalms an warranves, etmer expresses or Impuea, mauamg any tmpnea warranry or mer- amability or fitness for a particular purpose, and the eller neither assumes nor authorizes any ethe assume ' ,t any liability in connection with the sale of this mere disc. 01 GL.C 3OVE ITEMS HAVE E . D CEIVED AS BILLED UNLESS OTHERWISE NOTED. AMT TO A I ,:?.QlE=; 'D. BY (FULL NAME) -- - - - - - - - - - - - - - - 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 1.0 87 APPL..E FORD -150 CAPE HORN {ROAD 1.1 RED 1--ION PIA 17356 SHIP TO: 10087 SAME CHECK NO '.O. NUMB ER P .O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPERS ON BILLED BY 1 1 /x:1 /05, DETAIL 12/22/05 NET 30 DAY >- - - 17 . SHIP :. .. PART NUMBER DESCRIPTION LIST PRICE ExTENSION 1 1 , PX X J W999 STORAGE CABINET 255.0A 14 179. 00 179, - 0 ? I ` a 1Yz J SERVICE CHARGE W c' on l ILL BE ASSESSED ON ALL PAST DUE BALANCES. c+ -1-1 IT Al 1-run=ATIh AI Mn M:=1 IRKIC.` nKI CPP(`IAI c)pnppC "- ;he Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- ?4t r pQ?.(($,Qp,?o assume ;hantability or fitness for a particular purpose, and the Seller neither assumes nor authorizes any or it any liability in connection with the sale of this merchandise. -1.0 'TAX I 10.74 tBOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. ALIT TO PAY 189.74 IEC'D. BY (FULL NAME) X CUSTOMER COPY TOTAL 179.00 E-Xttl B (T,'14" Sporting Hill Roac PO eox 16" rg, PA 17055-01 6r: 717-761-6800 FAX 717-761-732 NAME (PRINT) SIGNATURE TITLE jWd Wft COMPANY APPLE FORD ADDRESS 3250 CAPE HORN ROAD RED LION, PA 17356 I ACKNOWLEDGE THAT I HAVE THE FOLLOWING EQUIPMENT FROM CAFFREY AUTO SUPPLY, INC. THE DEALER WILL BE RESPONSIBLE FOR MAINTENANCE OF SAME. THIS EQUIPMENT WILL REMAIN AS LONG AS THE DEALER USES CAS PRODUCTS. IF THE DEALER DISCONTINUES THE USE OF CAS PRODUCTS, THE DEALER WILL BE BILLED AS FOLLOWS: EQUIPMENT SERIAL # VALUE STORAGE CABINET PXX1 W999 179.00 DATE ,r4bwo 110 S. SPORTING HILL ROAD • MECHANICSBURG. PA 1705CtvC57 717-761-6800 BILL TO: I 171 $ 7 SHIP TO: 10087 APPI-E FORD 3?5?1 CAPE HORN ROAD #":t•f SAME f>f N RED L r ON PIA 1 ?.:35c= A%, C' C'- INVOICE NUMBER i/HIC - ?F? 5i 19/?u CHECK NO. 1 NUMBER P.O. DATE SHIP VIA DEAN 5/19/03 DETAIL ORDER SEO. 8.0, 1 CODE PART NUMBER SHIPPING DATE 1/13/03 DESCRIPTIO TERMS NET ?tLl DAY N LIST ACCT. SALESPERSON 7 BILLED BY 009 09 PRICE EX TENSION i% SERVICE CH ARGE WI LL BE AS SESSED ON ALL PAST DUE BALANCES. O MERCHANDISE R ETURNS WITHO UT AUTHORIZATION. NO RETURNS ON SPECIAL ORDERS- -e oeuer nereoy expressry disclaims al4,warranoes, ttner expressed or implied, including any implied warranty or mer- ^?- >, zntaoility or fitness for a particular purppse, and thSeller neitper assumes nor authorizes any pe rS- assume Fi ` I any liability in connection with the sale Qt thi.TpLerc endim . favi ?OVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. s:. 77- VC-D. BY (FULL NAME) X '6' V `? - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - VERIFICATION I, KENNETH F. CAFFREY, JR., President of the Plaintiff herein, hereby certify that the facts set forth in the foregoing Complaint are true and correct according to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Kenneth Caff J . Dated: ?y `? CAFFREY AUTO SUPPLY, INC., Plaintiff V. APPLE AUTOMOTIVE GROUP, INC d/b/a APPLE FORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-117 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify 4'k that on th day of January, 2007, I served a true and correct copy of the foregoing Complaint by depositing same in the United States Mail, postage prepaid, certified mail, return receipt requested in Harrisburg, Pennsylvania, addressed as follows: Apple Automotive Group, Inc. d/b/a Apple Ford 3250 Cape Horn Road Red Lion, PA 17356 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 r -I C7 _ ?l2 CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-117 CIVIL TERM APPLE AUTOMOTIVE GROUP, INC. d/b/a APPLE FORD, CIVIL ACTION -LAW Defendant NOTICE TO PLEAD TO: Caffrey Auto Supply, Inc., and its attorneys, the Butler Law Firm: You are hereby notified to file a written response to the within New Matter within 20 days from service hereof or a judgment may be entered against you. McNEES WALLACE & NURICK LLC By oJI Q 114-1 1 Kand' e J. Giurintano Pa. I.D. No. 86345 Kimberly A. Selemba Pa. I.D. No. 93535 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Apple Automotive Group, Inc. d/b/a Apple Ford Dated: March 23, 2007 CAFFREY AUTO SUPPLY, INC., Plaintiff V. APPLE AUTOMOTIVE GROUP, INC. d/b/a APPLE FORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-117 CIVIL TERM CIVIL ACTION - LAW ANSWER WITH NEW MATTER Defendant Apple Automotive Group, Inc., d/b/a Apple Ford ("Apple Ford"), by and through its attorneys McNees Wallace & Nurick LLC, files the following Answer with New Matter to the Complaint of Plaintiff Caffrey Auto Supply, Inc. ("Plaintiff'). Answer 1. Denied. After reasonable investigation, Apple Ford is without knowledge or information sufficient to form a belief as to the truth of this averment, and the same is therefore denied. 2. Admitted. 3. Admitted with the clarification that the Agreement provided that the materials and equipment (the "Equipment") received by Apple Ford were on consignment from Plaintiff. Nothing in the Agreement provided that Apple Ford was obligated to pay for the Equipment. To the contrary, the Agreement does not represent the entire agreement of the parties. In addition to the terms of the Agreement, the parties orally agreed that the Equipment was on consignment from Plaintiff. Apple Ford would be permitted to use the Equipment free of charge as long as Apple Ford continued to purchase products (the "Products") needed to run the Equipment from Plaintiff. 4. Admitted in part and denied in part. It is admitted that Apple Ford did not pay for the Equipment as set forth on the Invoices attached as Exhibits B through H to the Complaint. By way of further answer, the documents attached as Exhibits B through H to the Complaint are writings that speak for themselves. It is denied that Apple Ford is obligated to pay for the Equipment as set forth in the Invoices, and it is denied that any balance is due and owing to Plaintiff. By way of further answer, the Agreement provided that the Equipment provided to Apple Ford was on consignment from Plaintiff. Nothing in the Agreement provided that Apple Ford was obligated to pay Plaintiff for the Equipment. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. a. It is denied that Apple Ford owes any money to Plaintiff under Invoice Number 88896 attached to the Complaint as Exhibit B. By way of further answer, Exhibit B is a writing that speaks for itself. Further answering, nothing in the Agreement provided that Apple Ford was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88896. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88896 free of charge to Apple Ford provided that Apple Ford continued to use Plaintiffs Products. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. b. It is denied that Apple Ford owes any money to Plaintiff under Invoice Number 88897 attached to the Complaint as Exhibit C. By way of further answer, Exhibit C is a writing that speaks for itself. Further answering, nothing in the Agreement provided that Apple Ford was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88897. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88897 free of charge to Apple Ford provided that Apple Ford continued to use Plaintiffs Products. Indeed, the second page of Exhibit C, Invoice Number 79194 dated October 11, 2004, specifically provides that Apple Ford owes $0.00 for the same Equipment that is listed in Invoice -2- Number 88897. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. It is denied that Apple Ford owes any money to Plaintiff under Invoice Number 88898 attached to the Complaint as Exhibit D. By way of further answer, Exhibit D is a writing that speaks for itself. Further answering, nothing in the Agreement provided that Apple Ford was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88898. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88898 free of charge to Apple Ford provided that Apple Ford continued to use Plaintiffs Products. Indeed, the second page of Exhibit D, Invoice Number 64882 dated April 16, 2003, specifically provides that Apple Ford owes $0.00 for the same Equipment that is listed in Invoice Number 88898. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. d. It is denied that Apple Ford owes any money to Plaintiff under Invoice Number 88899 attached to the Complaint as Exhibit E. By way of further answer, Exhibit E is a writing that speaks for itself. Further answering, nothing in the Agreement provided that Apple Ford was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88899. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88899 free of charge to Apple Ford provided that Apple Ford continued to use Plaintiffs Products. Indeed, the second page of Exhibit E, dated February 21, 2005, specifically provides that Apple Ford owes $0.00 for the same Equipment that is listed in Invoice Number 88899. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. It is denied that Apple Ford owes any money to Plaintiff under Invoice Number 88900 attached to the Complaint as Exhibit F. By way of further answer, Exhibit F is a -3- writing that speaks for itself. Further answering, nothing in the Agreement provided that Apple Ford was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88900. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88900 free of charge to Apple Ford provided that Apple Ford continued to use Plaintiffs Products. Indeed, the third page of Exhibit F, Invoice Number 74057 dated March 29, 2004, specifically provides that Apple Ford owes $0.00 for the same Equipment that is listed in Invoice Number 88900. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. Further, although the second page of Exhibit F, dated July 30, 2004, states that Apple Ford will be billed for the Single Meter if it discontinues the use of Plaintiffs Products, that document was not signed by any representative of Apple Ford. To the contrary, the signature provided on the July 30, 2004 letter is not the signature of Chris Giffen, the Service Manager of Apple Ford, as it purports to be. Thus, Page 2 of Exhibit F is not part of any valid agreement between the parties. f. It is denied that Apple Ford owes any money to Plaintiff under Invoice Number 88901 attached to the Complaint as Exhibit G. By way of further answer, Exhibit G is a writing that speaks for itself. Further answering, nothing in the Agreement provided that Apple Ford was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88901. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88901 free of charge to Apple Ford provided that Apple Ford continued to use Plaintiffs Products. Indeed, the third page of Exhibit G, Invoice Number 69614 dated October 6, 2003, specifically provides that Apple Ford owes $0.00 for the same Equipment that is listed in Invoice Number 88901. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. Further, although the second page of Exhibit G, dated October 17, 2003, states that -4- Apple Ford will be billed for the Metering Device if it discontinues the use of Plaintiffs Products, that document was not signed by any representative of Apple Ford. To the contrary, the signature provided on the October 17, 2003 letter is not the signature of Dean Graham, the Recon Manager of Apple Ford, as it purports to be. Thus, Page 2 of Exhibit G is not part of any valid agreement between the parties. g. It is denied that Apple Ford owes any money to Plaintiff under Invoice Number 88902 attached to the Complaint as Exhibit H. By way of further answer, Exhibit H is a writing that speaks for itself. Further answering, nothing in the Agreement provided that Apple Ford was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88902. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88902 free of charge to Apple Ford provided that Apple Ford continued to use Plaintiffs Products. Indeed, the third page of Exhibit H, Invoice Number 65827 dated May 19, 2003, specifically provides that Apple Ford owes $0.00 for the same Equipment that is listed in Invoice Number 88902. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. Further answering, although the second page of Exhibit H, dated May 30, 2003, states that Apple Ford will be billed for the Storage Cabinet if it discontinues the use of Plaintiffs Products, that document was not signed by any representative of Apple Ford. To the contrary, the signature provided on the May 30, 2003 letter is not the signature of Chris Giffen, the Service Manager of Apple Ford, as it purports to be. Thus, Page 2 of Exhibit H is not part of any valid agreement between the parties. 5. Admitted. By way of further answer, Apple Ford submitted payment to Plaintiff in the amount of $2,204.73 to pay for the Products provided by Plaintiff as Apple Ford agreed to -5- do under the Agreement. By way of further answer, Apple Ford did not make any payment to Plaintiff for Equipment, as no such payment was required by the Agreement. 6. Admitted in part and denied in part. It is admitted that Apple Ford did not pay any finance charges to Plaintiff beginning on January 31, 2006. It is denied that any finance charge is due and owing to Plaintiff. It is also denied that the amount of finance charges due as of January 31, 2007 is $938.30, as no finance charge is owed. By way of further answer, Apple Ford incorporates herein by reference Paragraphs 3 and 4, above. 7. Denied. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the averments of this paragraph are denied. It is denied that Plaintiff charged Apple Ford any amount for the Equipment at the time of delivery. It is further denied that Apple Ford is obligated to pay for the Equipment that Plaintiff provided to Apple Ford. To the contrary, the Agreement provided that the Equipment provided to Apple Ford was on consignment from Plaintiff. Nothing in the Agreement provided that Apple Ford was obligated to pay for the Equipment. To the contrary, because the Equipment was on consignment from Plaintiff, Plaintiff agreed to allow Apple Ford to use the Equipment free of charge as long as Apple Ford purchased the Products supplied by Plaintiff. 8. Denied. It is denied that Apple Ford owes Plaintiff $5,737.95. It is further denied that any balance is due and owing from Apple Ford to Plaintiff. By way of further answer, Apple Ford incorporates herein by reference Paragraphs 3 and 4, above. 9. Denied. It is denied that Plaintiff has frequently demanded payment from Apple Ford for any amount due from Apple Ford. It is further denied that Apple Ford owes any payment to Plaintiff for the Equipment Plaintiff consigned to Apple Ford under the Agreement. -6- By way of further answer, Apple Ford incorporates herein by reference Paragraphs 3 and 4, above. WHEREFORE, Defendant Apple Automotive Group, Inc., d/b/a Apple Ford, requests judgment in its favor and against Plaintiff Caffrey Auto Supply, Inc., together with costs, and such other relief as the Court deems just and equitable. New Matter 10. Apple Ford incorporates herein by reference its answers to paragraph 1-9, above. 11. Plaintiff has failed to state a claim upon which relief can be granted. 12. On or about July 11, 2000, Plaintiff and Apple Ford entered into the Consignment Agreement whereby Plaintiff agreed to consign the Equipment to Apple Ford provided that Apple Ford continued to purchase the Products that Plaintiff provided to Apple Ford. The Agreement attached to the Complaint does not reflect the entirety of the terms of the Consignment Agreement. Rather, additional oral terms as described herein existed. 13. Under the Consignment Agreement, Apple Ford was obligated to pay Plaintiff only for the Products that Plaintiff provided it during the tenure of the Consignment Agreement. 14. Under the Consignment Agreement, Apple Ford did not agree to pay for the Equipment that Plaintiff consigned to it during the tenure of the Consignment Agreement. 15. The documents included with Exhibits F, G and H to the Complaint, which purport to obligate Apple Ford to pay Plaintiff for the listed pieces of Equipment when Apple Ford discontinues using Plaintiffs Products, are not binding upon Apple Ford because those documents are not signed by any representative of Apple Ford. -7- 16. The signature on the July 30, 2004 letter, included with Exhibit F, is not the signature of Chris Giffen, the Service Manager of Apple Ford. This document is not part of any valid agreement between the parties. 17. After reasonable investigation, Apple Ford does not have information or belief as to whose signature is provided on the July 30, 2004 document that is included as part of Exhibit F. 18. The signature on the October 17, 2003 letter, included with Exhibit G, is not the signature of Dean Graham, the Recon Manager of Apple Ford. This document is not part of any valid agreement between the parties. 19. After reasonable investigation, Apple Ford does not have information or belief as to whose signature is provided on the October 17, 2003 document that is included as part of Exhibit G. 20. The signature on the May 30, 2003 letter, included with Exhibit H, is not the signature of Chris Giffen, the Service Manager of Apple Ford. This document is not part of any valid agreement between the parties. 21. After reasonable investigation, Apple Ford does not have information or belief as to whose signature is provided on the May 30, 2003 document that is included as part of Exhibit H. 22. Throughout the tenure of the Consignment Agreement, Plaintiff provided Apple Ford with Products to be used to clean vehicles. 23. Apple Ford paid Plaintiff for all of the Products that Plaintiff provided Apple Ford during the tenure of the Consignment Agreement. -8- 24. During the tenure of the Consignment Agreement, Apple Ford maintained all of the Equipment provided by Plaintiff in good condition, as provided in the Consignment Agreement. 25. The relationship between Apple Ford and Plaintiff ended in or around December 2005. 26. Upon termination of the Consignment Agreement, Apple Ford attempted to return all of the Equipment that Plaintiff consigned to it during the tenure of the Consignment Agreement. 27. Plaintiff refused to accept the Equipment that Apple Ford attempted to return to Plaintiff upon termination of the Consignment Agreement. 28. Plaintiff offered no justification for refusing to accept the Equipment that Apple Ford attempted to return to Plaintiff upon termination of the Consignment Agreement. 29. Although the Equipment remains in Apple Ford's possession because Plaintiff refused to accept its return, Apple Ford has not used any of the Equipment since the relationship with Plaintiff terminated. 30. Even if Apple Ford were obligated to pay Plaintiff for some of the Equipment, which Apple Ford denies, Apple Ford is not obligated to pay Plaintiff the full price that is listed on the Invoices because the Equipment depreciated in value over time. 31. There is no money due and owing to Plaintiff for the Equipment that Plaintiff consigned to Apple Ford during the tenure of the Consignment Agreement. -9- WHEREFORE, Defendant Apple Automotive Group, Inc., d/b/a Apple Ford, requests judgment in its favor and against Plaintiff Caffrey Auto Supply, Inc., together with costs, and such other relief as the Court deems just and equitable. McNEES WALLACE & NURICK LLC By ??Jka--e Kandice J. Giurintano Pa. I.D. No. 86345 Kimberly A. Selemba Pa. I.D. No. 93535 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Apple Automotive Group, Inc. d/b/a Apple Ford Dated: March 23, 2007 -10- 03/23/2007 11:39 2448870 APPLE FORD PAGE 02 Verification Subject to the penalties of 18 P&C.S. § 4904 relating to unsworn falsification to authorities, 1, Steve Groah, hereby certify that I am the General Manager of Apple Automotive Group, Inc. d/b/a Apple Ford, In that capacity, l am authorized to make this Verification on its behalf. 1 further certify that the facts set forth in the foregoing document are true and correct to the best of my knowledge or information and belief: Apple Automotive Group, Inc. d/b/a Apple Ford By teve Groah Dated: ,1114rt? -za p,10o-7 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Jana Butler Toole, Esq. Butler Law Firm 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 "JI/7 Ajm' Kimberl A. Selemba Attorney for Defendant Apple Automotive Group, Inc. d/b/a Apple Ford Dated: March 23, 2007 CM _..,x nr- a r m sv w fV? CD ? CAFFREY AUTO SUPPLY, INC., Plaintiff V. APPLE AUTOMOTIVE GROUP, INC d/b/a APPLE FORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-117 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Caffrey Auto Supply, Inc., by and through its attorneys, Butler Law Firm, and files this Plaintiff's Reply to New Matter averring as follows: 10. No response is required. Defendant merely incorporates the averments made in its Answer to Plaintiff's Complaint. 11. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. 12. Denied. The written Consignment Agreement speaks for itself. Plaintiff also denies any oral agreement or additional oral terms. 13. Denied. The written Consignment Agreement speaks for itself. By way of further response and explanation, the agreement also provides that Defendant will maintain the equipment. 14. Denied. The written Consignment Agreement speaks for itself By way of further response and explanation, the agreement provides that Defendant will maintain the equipment. 15. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. Plaintiff also specifically denies the allegations that said documents are not signed by an Apple Ford representative. Strict proof thereof is demanded at trial. 16. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. Plaintiff also specifically denies the allegations that said document is not signed by Chris Giffen. Strict proof thereof is demanded at trial. 17. Denied. Plaintiff is without sufficient information and knowledge to form a belief as to the truth of the averments made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 18. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. Plaintiff also specifically denies the allegations that said document is not signed by Dean Graham. Strict proof thereof is demanded at trial. 19. Denied. Plaintiff is without sufficient information and knowledge to form a belief as to the truth of the averments made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 20. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. Plaintiff also specifically denies the allegations that said document is not signed by Chris Giffen. Strict proof thereof is demanded at trial. 21. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. 22. Admitted. 23. Admitted. By way of further response, the amount demanded in Plaintiff's Complaint does not include any products. 24. Denied. To the contrary, Defendant failed to maintain the equipment as required by the agreement. 25. Denied. Plaintiff is without sufficient information and knowledge to form a belief as to the truth of the averments made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 26. Admitted in part and Denied in part. It is admitted only that Defendant did not return the equipment to Plaintiff. All other allegations are denied. 27. Admitted in part and Denied in part. It is admitted only that Defendant did not return the equipment to Plaintiff. Moreover, Defendant did not maintain the equipment as required by the agreement. All other allegations are denied and strict proof thereof is demanded. 28. Denied. Defendant did not maintain the equipment as required by the agreement. Plaintiff is not obligated to accept equipment which as not been maintained. 29. Denied. Plaintiff is without sufficient information and knowledge to form a belief as to the truth of the averments made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 30. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. 31. Denied. Defendant owes the amounts demanded in Plaintiff's Complaint. WHEREFORE, Plaintiff, Caffrey Auto Supply, Inc., respectfully requests this Honorable Court to dismiss Defendant's New Matter and enter judgment in favor of Plaintiff and against Defendant in the sum of $5,737.95 and grant all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff By- A-MI)X:&C Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 VERIFICATION I, KENNETH F. CAFFREY, JR., President of the Plaintiff herein, hereby certify that the facts set forth in the foregoing Reply to New Matter are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Kenneth . IP/Caf%q , Jr. Dated: H &0 O 7 CAFFREY AUTO SUPPLY, INC., Plaintiff V. APPLE AUTOMOTIVE GROUP, INC d/b/a APPLE FORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-117 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana C. Butler, Esquire, hereby certify that on the ? day of April, 2007, I served a true and correct copy of the foregoing Plaintiff's Reply to New Matter by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Kandice J. Giurintano, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 l a B er Toole, Esquire tome for Plaintiff D. #8 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 r a -? ?] t"') ?? '. ?? ? _ l '',l ,.. .. ? -G _ t,y CAFFREY AUTO SUPPLY, INC., Plaintiff V. APPLE AUTOMOTIVE GROUP, INC d/b/a APPLE FORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-117 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark this action settled and discontinued with prejudice. Date: June 19, 2007 "Zd Ronald D. Butler, Esquire Attorney for Plaintiff I.D. #09826 500 North Third St., 12 1h Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 ? ? _?, ? c..,_ r, -= ^ r. y ? ?? rr? d