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HomeMy WebLinkAbout07-0118` COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland (V-C.. J:7,k) 8 .zoo 7 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.07 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. Caffrey Auto Supply, Inc. Mechanicsbur Thomas A. Placey PA 17050 Red Lion Chevro et/Oldsmobilet Inc. 1711h/nA Caffrey Auto Supply, Inc. VS A/1,/n A-In In 1- 011cmnhi1S. F.a.et- CV-0000324-06 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. W/)CZ:t7- If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name ofappellee(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 PROOF OF SERVICE O OTC OF APPEALAND RUL_ I C'OMPLAIN (This proof of service MUST FILED WITHIN TEN (1()) DAYS AF E ,' v COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF - , ear` AFFIDAVIT: I i ) ' ? th?Cel31 C1, El a Copy of the Nintice of Appe UPO ter, (date of.. - - Gen achy L] by personal busvice E] by (certified) {registered} mail, ................... . (SWORN) (AFFIRMED) AND bUbztRIb THIS S(gnature of official MOM whom affidavit was made Title of official My commission expires on : 20 Lei 70 )u -u IOU Z S Zr- C N 0 b Z 1 Ca Q D AOPC 312A - 02 x COMMONWEALTH OF PENNSYLVANIA .,, ..:, 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 THIS IS TO NOTIFY YOU THAT: FOR Judgment' FEW, ANT (pate of .ludrtiecit) 12, 14 /06 ® Judgment was entered for: (Name) RED LION CHEV/OLDS DBA:APPLE CHEV/O ® Judgment was entered against: (Name) CAFFREY AUTO SUPPLY, INC. in the amount of $ • 0 Defendants are jointly and severally liable. . Damages will be assessed on Date & Time 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 i ; JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLF?S, ALL FURTHER PROCESS, MUST COME'FROM THE "CQURt OF COMMON PL AND * PUATHEFhRAOCI5SS iMAy 4 ,ISSIJE 8,t rHE MAGIST11RFAL DIS'1?31frr`T JUDGE . UNLESS THE JUDGMENT IS ENTERED IN E 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. ly Date 1 certify that this is a true an/correct co of the record of the p 12 ?/ Date <-----_ My commission expires first Monday of January, 2010 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE f' 'PLAINTIFF: NAME and ADDRESS rCAFFREY AUTO SUPPLY, INC. 110 S. SPORTING HILL RD. MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS FWW LION CHEV/OLDS- DBA:'APPLE CHEV/-O 3220 CAPE HORN ROAD RED LION, PA 17356 L J Docket No.: CV-0000324-06 Date Filed: 6106106 Magisterial p"Mrict-Judge :ee?-din'g's" containing the judgment. rP° Magisterial District Judge SEAL AOPC 315-06 DATE PRINTED= 12/14/06 3:23:00 PM .a CERT IFIED MAIL R ECEIPT C3 . C3 (Domesti c Mail Only; No Insuran ce Coverage Provided) co F ru or deliver y information visit our web site at www.usps.como Postmark Here O Postage $ Ln C3 Certified Fee C3 C3 Return Receipt Fee (Endorsement Required) C3 Restricted Delivery Fee C3 (Endorsement Required) r-3 O T . o _ . d` .L r ?L D C3 I%- (h A +gE9 Lt r,s ------------------------------- Apt. ?s:?GFr.I L ANC trees, No.; or PO Box No. 3_--4"4'0 ,4 P -4,411 ----------- ---------------•- - ------------------ - Rb City, State, ZIP +4n i? Lc o'J P,4- 1 -7 3-M CERTIFIED MAIL. RECEIF (Domestic Mail Only, No Insurance Covera .1 1 ni C3 Postage $ Ln C3 Certified Fee C3 Postmark C3 Return Receipt Fee Here (Endorsement Required) O Restricted Delivery Fee C3 (Endorsement Required) r•3 O Total Postage & Fees $ ?, Cp -0 O Sent To T K- ..... ---- Sfree% Apt. No., p or PO Box No. loaf S- ------- ------°-- ' ?- ---- City Sfefe, Z%P+ q/?--? p /'IgG.IAAJrCS8L)R.tr.. P4 /-705'D P- '''1F OF SERVICE OF NOTICE C "APPEAL AND RUL.E'. TO FILE' r,'A nl of s '(J'- T B FILED WITHIN TEN ?? . i ?YS AFTER filing of the notice c, ; C VA NIA DAUPHIN Ss M l hereby (swear) (*kjjk tnat I served 07-118 Civil Term :e of Appeal, Common Pleas IND. / th _ L' = t at J o? r j 12, 20 07 . ? by persan,,.,-arvice ? a., Red Lion Chevrolet/Oldsmobile, Inc.d/ba s a,-hed hereto, and upon e appellee, (narne Apple Chevrolet- Oldsmobile' (fast January 12, , 20 07 by personal se .? d? n) 11. to shed hereto. (tIEXXXM) AN- SL-SCRIBED BEFORE ME 12th [SAY OF January 2007 o . 'af bczfore wt n s n73cfe Notary Public r 20 COWACINWEALfiTH--OF?PEJV' • KIWAM NOTARM SEAL CHEEM L FERGLISO , NOWY Pdit My of Hwddup, Do" Cw* COIIM *Wm E*kn Apd 8. 2006 Ronald D. Butler C N -am 1'T3 ra- +_ 2s ? Z -z ?c ' d C' " D C .r'" O VUIYImUINWCAL IN UI" 1'tNNSTLV/ COURT OF COMMON PLEAS Judicial District, County Of VIA NOTICE OF Allf E?Al- Cumberland FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01 (. / U t t NOTICE OF APPEAL =en 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. G. DIST. No. NAME OF D.J. Caffrey Auto Supply, Inc. 09-3-04 Thomas A. Placey ADDRESS OF APPELLANT CITY STATE ZIP CODE 110 S. Sporting Hill Road Mechanicsburg PA 17050 12/14/06 Caffrey Auto Supply, Inc. Red Lion C et Oldsmobile, Inc. Vs d/b/a Apple Chevrolet Oldsmobile East DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR GENT CV-0000324-06 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. 10088. 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 ooff? PEAL. Signature of Prothonotary or Deputy 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 r j Enter rule upon appellee(s), to file a complaint i0-this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signaturo of appellant or attorney 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 Ofter 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 COWT IFILE CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-118 CIVIL TERM RED LION CHEVROLET/ OLDSMOBILE, INC., d/b/a APPLE CHEVROLET OLDSMOBILE EAST, Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-118 CIVIL TERM RED LION CHEVROLET/ OLDSMOBILE, INC., d/b/a APPLE CHEVROLET OLDSMOBILE EAST, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Caffrey Auto Supply, Inc., by and through its 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: 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, Red Lion Chevrolet/Oldsmobile , Inc. d/b/a Apple Chevrolet Oldsmobile East, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 3220 Cape Horn Road, Red Lion, Pennsylvania 17356. 3. On or about March 1, 1996, 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 for supplies and materials as set forth on the following Invoices: a. Invoice Number 88903 dated December 22, 2005, in the amount of $2,721.93. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "B". b. Invoice Number 88904 dated December 22, 2005, in the amount of $286.15. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "C". c. Invoice Number 88905 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 88906 dated December 22, 2005, in the amount of $2,292.78. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "E". e. Invoice Number 88907 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 "F" f. Invoice Number 88908 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 "G". g. Invoice Number 88909 dated December 22, 2005, in the amount of $94.34. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "H". h. Invoice Number 88910 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 "I". i. Invoice Number 88911 dated December 22, 2005, in the amount of $224.51. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "J". 5. 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 $1,556.12. 6. 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. 7. The total balance due and owing by Defendant to Plaintiff for the aforementioned equipment and materials plus the finance charges thereon is $9,511.01. 8. 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 $9,511.01 plus interest and costs and all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM By: 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 110 Sporting Hill Roac Mechanicsburg, PA 1705E (717) 761-680C I ACKNOWLEDGE THAT THE FOLLOWING EQUIPMENT IS ON LOAN FROM CAFFREY AUTO SUPPLY, INC. THE DEALER WILL BE RESPONSIBLE FOR MAINTENANCE OF SAME. EQUIPMENT SERIAL # METERING DEVICE CASMD3 INDUSTRIAL STORAGE CABINET PXXXIW944 CREVICE TOOL VAC90678 VARIABLE SPEED BUFFER BLD6138 CHAPIN TANK CHP1370 METAL DRUM PUMP BRO1800 WET & DRY VACUUM CLEANER VAC87071 SIGNATURE COMPANY RED LION CHEVROLET 900 W. BROADWAY EXT. RED LION, PA 17403 DATE z It -/j (i EXHIBIT NA" 110 Sporting Hill Row Mechanicsburg, PA 1705! (717) 761-680( CONSIGNMENT SYSTEM 1 CAS55GBP02 SOLV ALL 1 CAS55GBP1 SPRAY 1 1 CAS55GMC11 M.C. CAR WASH 12 SHOP112 VELOUR CLEANER 12 SHOTU10 TU-10 DRESSING 6 CAS1602 BLACK SPRAY PAINT 2 CASlGMC10 DETAILS A/P DRESSING 1 CASlGNS47 NYLON SPOTTER 1 CASlGUW200 UNIVERSAL WHEEL CLEANER 1 CASIGVLC VINYL LEATHER CONDITIONER 1 CASIGBP9 TAR CLEANER 1 CASlGBP25 ODOR OUT 4 CASQCP COMPOUND 4 CASQDS DIAMOND SHINE 4 CASQDS2 DIAMOND SHIELD 3 CASBCEPP CLEAR COAT PADS 1 ABS149 ABSORBER 1 AND275 WASH MITT 1 PRWA PRO WIPES 1 CST304705 RAZOR BLADES 1 RHOSL00 STEEL WOOL 7 TOLBA TRIGGERS 7 TOL32 BOTTLES 1 FLT72 WHITE WALL BRUSH 1 FLT103 DETAIL BRUSH 1 FLT105 PARTS BRUSH 1 FLT112 UPHOLSTERY BRUSH 2 BR0219 ACID BRUSH I ACKNOWLEDGE THAT THE ABOVE MATERIALS ARE ON CONSIGNMENT FROM CAFFREY AUTO SUPPLY, INC. THIS INVENTORY WILL BE MAINTAI ED. SIGNATURE a=--= COMPANY RED LION CHEVROLET ADDRESS 900 W BROADWAY EXT. RED LION, PA 17403 DATE S/' zn 110 Sporting Hill Roy Mechanicsburg, PA 1701 (717) 761-68( February 16, 1996 Mr. Greg Turchetta Red Lion Chevrolet Geo Oldsmobile 900 West Broadway Red Lion, PA 17356 Dear Greg: It was nice to meet with you the other day. Congratulations on choosing to go with our system. As I explained, this program is continuous. We are available for refresher training and to train your new personnel as needed. Thanks again, and I am looking forward to a long and mutually beneficial business relationship. Very truly yours, CAFFREY AUTO SUPPLY, INC. Kenneth F. Caffrey, Jr. President KFC/bf .. We-TA;jJ;1 4'0±111111 WAVE 10 110 S. SPORTING HILL ROAD , MECHANICSBURG, PA 17050-3057 717-761-6800 INVOICE NUMBER DO V188 90 P G DATE ----? BILL TO: .10088 SHIP TO: 1. 0088 ? 7 nPPL._E CCHEVROL_ET EAST ;:?'C:i 171 CAFE I-•IORN ROAD SAME #• ? CHECK NO REED L-ION I'-'A 1'73 `=G P.O. NUMB ER P.O. DATE LSHIP VIA SHIPPING DATE TERMS ACCT. SALESPER SON 131LLED BY E A TL__ =1" AY 1 ' ?" .. I PART NUMBER DESCRIPTION . 1 1 0 ASS 14 THE ABSORBER :L7. Ems, 12.95 1.2. 95 I 1 0 AND LM27',= WASH MITT 8X11 ? 5.25 3.95 D5 x 1 1 ? BRQ 1800 h1E"FAI_ DRUM PUMP x,1.5 ?'3. r35 •i. `75 2 r_ 0 LRO 219 ACID BRUSH/EA 0.31 C1. 4:1., 0. 4 6 } 1 1. 0 CAB IGBP25 ODOR-OUT` 7 46. •.J.171 34. 95 ? 34. 95 1 1 0 C'ft:? 1GBP9 TAR REMOVER 33.50 24. 95 ;:::14. 95 2 'r' 171 A! 3 1GMC1.0 DETAIL:B (DRESS TNG) 39.95 29.95 59. 90 '1 1 0 CAB I GLJW2001 UNV. WHEEL. CI_.EANE ' 4.0. 0101 29. 95 _'`l„ ` r x. 1 1 171 CAB 1>GVLC VINYL_/L.EATHEER COND 41.201 29.93 29.95 E G 1?+ CAB 2111712 I). C. SEMI GL.. BLACK 4.65 3.49 94 I 1 01 CAB 55GB1='02 •. OI__V-A'I,L.. DEwGRF..-;ASE 635.00 64.95 364.93 A. 1 0 CAB 55GBP 1. FORMULA 11211 328.50 247. 1710 00 * 1 1 0 CAB 55GMC11 M. C. CAR WASH 372.50 279.95 279.95 * 13 3 0 C.,AS SCE::PP C1_.EAR COAT BLJFI 15i. 95 11.95 "'.i. 1:?'.I 1 J. 0 CAB MD3 METERING DEVICE 392.3 5 x171171.00 2171171.171121 ?. 4 LI. o CAB QCP CAC COMPOUND/QT 31.00 c:c. 95 `71.. E3171 ? 4 4 0 CAS ODS DIAMOND SHINE /C,T 31.00 22. 95 131.80 .? A 11/2% SERVICE CH ARGE WI LL BE AS SESSED ON ALL PAST DUE BALANCES. NO MERCHANDISE RETURN S WITHOU T AUTHORI7ATION. NO RETURNS ON 3PFOIAI ORnFRR i ne Feuer 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. CONTINUED NEXT PAGE **** ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. RECD. BY (FULL NAME) X ' P1 oe4nilifico rnov -- EXHIBIT "B" =fAfM 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 1 0V..188 SHIP TO: 1.1088 APPLE C[iEVROLET EAST 31-:,20 CAFE HORN ROAD • • `-NAME ?.?..? RED LION PA 17356 I.NVOIC.E _ INVOICE NUMBER 00OBB903 _PG DATE 07:48 121c:2/Q154_ CHECK NO. _ P.O. NUMBE R P .O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPERS ON Fill-LED BY 1 1/ 1 /171`7 DETAIL 12/ 2/15 NET 30 DAY 015 '.1 B.O. CODE PART NUMBER DESCRIPTION LIST PRICE EXTENSION 4 4' 0 CAS GDS DIAMOND SHIELD/QT 31.00 EE.95 91.80 1 1 0 CHP 1380 PREMIER #1380 93.00 69.95 69.95 * 1 1 liz1 CST 304705 1'=K/ 100 SE BLADES 7.91 5.95 5.95 1 1 0 DWT DWS49 ELECTRONIC BUFFER 359.00 L=E9.95 X6:89.95; * . 1 1. 0 FLT 103 DETAIL BRUSH 4. 00 2.99 E. rD9 1. 1 VI FL_.T 105 NYLON PARTS BRUSi-I 10.00 7.95 7.95 ;t 1 :L 0 FILT 112 UPHOLSTERY BRUSH 8.00 5.95 ? 5.95 1. 1 171 FLT BRASS W/W PRUSI-I 8.00 5.95 ?. 5.. 95 1 1 0 KKP 1ONS47 NYLON SPOTTER 34.95 25.95 25.95 1 1 0 PRW A "PRO-WIPES" 85.15 64.171171 C-11I•,.1210 =t 1 1 0 P X X I W999 STORAGE CABINET 255.00 179. 1210 ? 179.00 1 1 0 RF IO 5L OO 2/0 STEEL. WOOL. 3.99 2.99 .h. ?:. 99 12 12 0 SHIO P311 VELOUR CLEANER 5.25 3.89 46.6-8 12 1 171 tSHO T U10 TU--10 COATING 5. 5171 3.99 47.88 .7 7 171 .TOL' 32 32 OZ CAS BOTTLE 1.33 1.00 ? 7.00 7 7 0 TOL_. BA 372 O7 'TRIGGER 3.95 2.95 :R,0. E,5 ? 1 I 1Z1 VAC 9,0678 12'1/2" PLASTIC CR . 11.95 8. 95 8. 95 # A 11/2% SERVICE CH ARGE WILL BE ASSESSED-ON ALL PAST DUE BALANCES. nc_ roncoc The Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- 1f? chantability or fitness for a particular purpose, and the Seller neither assumes nor authorizes any other person to assume for it anv 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 TINUED NEXT PAGE ***-H- e%eiowr^mx o rnbv I I10 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 10OC48 SHIP TO: 10088 APPLE CH€-V ROLET EAST 3220 CAPE HORN ROAD SAME RED I.-ION PA 17356- INVOICE INVOICE NUMBER 00088903 PG DATE 07;48 12 /'2`21 05 CHECK NO P.O. NUMBER P .•. SHIP ATE SHIP VIA .O. G 11/21/05 DETAIL :. CODE PARTINUMBER SHIPPING DATE 12/22/05 DESCRIPTIO TERMS NET 30 DAY N LIST ACCT. SALESPERSON BILLED BY 015 17 PRICE EXTENSION 1 1 0 VAC 96212 ULTRA PRO VAC 199. 95 159. 95 159. `•35 A 11,/1 I SERVICE CH AI( rt f11CC ARGE WI C AI LL BE AS C %AI1TL1l11 SESSED ON ALL PAST DUE BALANCES. - Al ITLJIIOI?ATI(lAl - - I-- nkl CDC(- n COQ 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 o) p?{?or?(o assume for it any liability in connection with the sale of this merchandise. I l?C"_`7 ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. RECD. BY (FULL NAME) X I U I HL ZD /b. 64 87.0 TAX 1 145.09 AMT TO PAY 27221.93 ^11CTA111 t%r%nv 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: C'710E]H APPLE CI-IEVROLET EAST 32*20 CAFE FIORN ROAI) RED LION PIA 17356 INVOICE NUMBER 00088'30{a DATE CHECK NO. '.0. NUMB ER P.O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPER SON BILLED BY 1 1!2 1!05 DETAIL_ 1; /cwl0"i NET 3 0 DAY 0tom' ORDER :. CODE PARTNUMBER DESCRIPTION 1 1 0 DWT DWS49 ELECTRONIC BUFFER' 359.00 269.95 269.95 iF SER# 028160 a 11/2% SERVICE CH do nncur1uen1n1e? o ARGE WI en 10KIC LL BE AS -1-1 SESSED ON ALL PAST DUE BALANCES. it n. 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 other person to assume or it any liability in connection with the sale of this merchandise. P I I~CE5 1 . kBOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. ' 3EC'D. BY (FULL NAME) X CUSTOMER COPY SHIP TO: 10088 SAME JA-* F EXHIBIT „C, r % CAFFRSY AUTO SUPPLY, INC. ALLENTOWN HARRISBURG HANOVER 621 LONG STREET 110 SPORTING HILL RO. 343 MAIN STREET EMMAUS. PA 18049 MECHANICSBURG. PA 17077 MCSHERRYSTOWN. PA 17344 (213) 967.6200 (717) 761-6800 (717) 632-0660 CUSTOMER'S ORDER NO. PHONE iDATE NAME jADORESS R IIF I; prrltllloI U617U All claims and returned goods MUST be accompanied by this bill. G THANK Yfl 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 10088 APPLE CHEVROLET EAST 3280 f::APE. HORN ROAD RED LION PA 17336 SHIP TO: 10088 SAME* CHECK NO O. NUMBER P.O. DATE SHIP VIA CODE PART NUMBER SHIPPING DATE TERMS - L7.&&Zaj DESCRIPTION LIST ACCT. SALESPERSON BILLED BY _A1_5 2 PRICE SION 1 i ] CAS MD 1 SINGLE METER #83 175.00 150.00 ? 150.00 a 11/2% SERVICE CH Jn RIC.1 Jl1-1 n 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 p,e; 1 io assume or it any liability in connection with the sale of this merchandise. h 1.0 TAX ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. AMT I 3EC'D. BY (FULL NAME) X CUSTOMER COPY WHY EXHIBIT ?I rr 110 S. Sporting Hill Roa, PO Box 1& Mechanicsburg, PA 17055-016, 717-761-6801 FAX 717-761-7321 I ACKNOWLEDGE THAT THE FOLLOWING EQUIPMENT IS ON CONSIGNMENT FROM CAFFREY AUTO SUPPLY, INC. THE DEALER WILL BE RESPONSIBLE FOR MAINTENANCE OF SAME. EQUIPMENT SERIAL # ONS BUTTON METERING DEVICE CASMDI SIGNATURE 7 SIGNER HAND PRINT NAME HERS S7C-0aV f ,+1VNIC-? TITLE SEWyrrsz! M,ah,,2reW COMPANY RED LION CHEVROLET 900 W. BROADWAY EXT. 3 RED LION, PA -17403 DATE l - 19 8"-5'7 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050.3057 717-761-6800 81LL TO' 10088 APPLE CHEVROLET EAST 3220 CAPE HORN ROAD RED LION PA 1.7356 *** SAME: INVOICE NUMBER :d 000889OC-1 PG DATE CHECK NO '.O. NUMB ER P .O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPERS ON BILLED BY 1 1/2 /05 DETAIL 1? J `105 NET 30 DAY 015 17 .-. :. .. PART NUMBER DESCRIPTION PRICE EXTENSION 1 1 0 CAS MD3 METERING DEVICE # 392. 35 200.00 200.00 * 1 1 0 MYT HP100 GRAN PRIX II EXTR 2295.00 1695.00 1695.00 * aN 1 1 0 PXX IW999 STORAGE CABINET 255.00 179.00 1'79.00 * 1 1 0 TOL 5GR 3 GAL` RACK. SYSTEM 120.00 89.00 89.00 * ..11l1 hAC:D'LJRAA SERVICE CH ARGE CTI RAI Q rA/IIT ASSESSED ITEAt IITHD^RN>oALL TI0N PAST BALANCES. ON SPECIAL ORDERS. 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 other?Person to assume or it any liability in connection with the sale of this merchandise. P I C_CE S tBOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. IEC'D. BY (FULL NAME) X SHIP TO: 10088 IUIHL 7_+ TAX 1 CUSTOMER COPY eX f-+IBIT k%E// 110 S. Sporting Hill Roac PO Box 16? Mechanicsburg, PA 17055-016 717-761-680C FAX 717-761-732C I ACKNOWLEDGE THAT THE FOLLOWING EQUIPMENT IS ON CONSIGNMENT FROM CAFFREY AUTO SUPPLY, INC. THE DEALER WILL BE RESPONSIBLE FOR MAINTENANCE OF SAME. EQUIPMENT METERING DEVICE CASMD3 INDUSTRIAL STORAGE CABINET PXX1W999 DISPENSER RACK GRAND PRIX EXTRACTOR SIGNATURE SERIAL # TOL5GR SIGNER HAND PRINT NAME HERE ?`? ?`?? TITLE 64 COMPANY • APPLE CHEVROLET/OLDS EAST 3220 CAPE HORN ROAD RED LION. PA 11356 DATE MYTHP100 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050.3057 717-761-6800 BILL TO: 1.0088 APPLE CHF V ROi....ET EAST 3220 CAFE HORN ROAD RED LION PA 17356 SHIP TO: 10088 a? SAME CHECK NO. 1.0. NUMB ER P .O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPERS ON BILLED BY =' 1 AETA T 12 a/ 5 ET 3 ? AY ORDER :. .. PART NUMBER DESCRIPTION PRICE EXTENSION 1 1 0 PXX 1W999 STORAGE CABINET 255.00 179.00 ?. 179.00 > 11/2% SERVICE CH ARGE WI LL BE AS SESSED ON ALL PAST DUE BALANCES. 'he Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- I U 1 HL :hantability or fitness for a particular purpose, and the Seller neither assumes nor authorizes any ?ethero assume 1 _I --TTC v-T or it any liability in connection with the sale of this merchandise. Ii-- AL GI.C J I R X I 1BOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. AMT TO F IEC'D. BY (FULL NAME) X CUSTOMER COPY 1 r •J. 01111 107.7-4 F )Q4161 T- " F " 110 S. Sporting Hill Roac PO Box 169 Mechanicsburg, PA 17055-0169 717-761-680C FAX 717-761-7320 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 NAME (PRINT) SIGNATURE TITLE f<?c.? .?+-rru COMPANY APPLE CHEVROLEVOLDS EAST ADDRESS 3220 CAPE HORN ROAD RED LION, PA 17356 DATE I' 3()- DY M7= K-71 3 3-.1 ME-11111-b Z-7-11111 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050.3057 717-761-6800 BILL TO: 10088 APPl__E CHEVROL..ET LAST 32212) CAFE HORN ROAD RED I_ I ON PA 1735E=, SHIP TO 10088 SAME CHECK NO. '.O. NUMB ER P .O. DATE S HIP VIA SHIPPING DATE TERMS ACCT SALESPERS ON BILLED By 1 1/21 /05 DETAIL P 12/22/05 NET 30 DAY 015 17 .•. :. .. PART NUMBER DESCRIPTION LIST PRICE EXTENSION 1 1 0 MYT HP100 GRAD PRIX II EXTR R 295.00 1695.00 1695.00 SN 03275 U/z% SERVICE CH ARGE W ILL BE ASSESSED ON ALL PAST DUE BALANCES. TunDl?nTirlt.l A,el OCTt tbmz rv,% CDCrtilt r1Rr1FDC fhe Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warra :hantability or fitness for a particular purpose, and the Seller neither assumes nor authorizes any other erso or it any liability in connection with the sale of this merchandise. P I e, \BOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. 3EC'D. BY (FULL NAME) X or mer T UTRI. 1 E assume 1. 0 TAX 1 CUSTOMER COPY P01BIT\\G„ .y 110 S. SPORTfl ;HILL ROAD MECHANIUBLJRG, Pt' 170M-3057 7 7-761-68CO BILL TO: SHIP TO: 1_ i?Iljlij! N=i!l= I E_ F?C11__E E. ._.'f`(, T [ LI t:i-y 'E. I-I1.1t'}l1 ".I_i. f;-=?S Ili .' . 'A r'iE ' 1_. INVOICE NUMBER DATE CHECK NO. ?. NUMBER f .O. DATE SHIP VIA El I LL_ ?::' if1` %' =}' C'E:Ti=? I ._ ORDER :. .. PARTNUMBER SHIPPING DATE TERMS I-.;E=T .30 DA'y DESCRIPTION LIST ACCT. SALESPERSON BILLED BY ?? 1 PRICE M: s 01-L©r-;N R EXTRACTOR/LOANER ??: 11/2% SERVICE CH D MERCHANDISE ARGE WILL BE AS RETURNS WITtIO $ESSED ON ALL &4A. BALANCES. DTAUTHORIZAT'ON. NO RFTt1RNS ON SPECIAL OROPRS ie oeuer nereoy expressly al Ims an warrantles, aittser expressed or implied, including any implied warranty or mer- f LJ I HL_ fQEQFfIS;- antability or fitness fora icular purpose, an? th Seller wither assumes nor authorizes any ?t? sorrto assume -it any liability in connect' n with the sale oft ' -merchgndise., H'-1 ? = TD - (i 0. L 3OVE ITEMS HAVE"BEEN CHECKED-AND RECEIV AS BILLED UNLESS OTHERWISE NOTED. HM I. I U PRY 0.00 =_C'D. BY (FULL(NAME) X i ?? ---- ?-- 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 10088 APPLE CHEVROLET EAST 3220 CAPE HORN ROAD RC':D t.. T ON PA 1.73 5E, SHIP TO: 10088 SAME CHECK NO. '.p. NUMBER P .•. .O. DATE SHIP VIA 11/w1/05 DETAIL :. .. PART NUMBER SHIPPING DATE 12/2;:1/05 DESCRIPTIO TERMS NET 30 DAY N LIST ACCT. SALESPERSON BILLED BY 015 17 PRICE 1 1 0 TOL 5GR 5 GAL RACK SYSTEM 120.00 89. 00 89.00 1 11h% SERVICE CH ARGE WI LL BE AS SESSED ON ALL PAST DUE BALANCES. JO MERCHANDISE RETURN S WITHO UT AUTHORIZATION. NO RETURNS ON SPECIAL ORDERS. he Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- L 1 y r nL. :hantabilit or fitness fora articular and the Seller neither assumes nor authorizes any .Bf?yp p ?????r•??o assume yy /? nr it nnv liahilihi in nnnnactinn with tha purpose, Iof thi.¢ marrhanrtica gl f'r.G 1 1.0 TAX I DOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. tEC'D. BY (FULL NAME) X CUSTOMER COPY G7 J . K.- W l 94.34 ExHi BIT "H'' i AM CAFFREY AUTO SUPPLY, INC. ALLENTOWN HARRISBURG 621.?OivG STREET 110 SPORTING HILL RD. _;NM.1US, Fa 18049 MECHANICSBURG, PA 17055 (215) 967-6200 (717) 761-6800 Customer s Order No. Date / I \ c Name C c. ?:1 ? f ! LLB Address tt C 0 Phone: SOLD BY UAN CASH C.O.D. CHARGE ON ACCT. JIADSE. RETD. PAID OUT Q . I I I - GAL t'?c c . I I I f- ?D N St rv GUI - I I I I - I ? I I % \vi* / r / I Alt. claims and ralurn 'good=: FAX I O n n .? Ir) i ? j BY Receiv. U TOTAL GS-202-2 PRINTED IN U.S.A. INK ? ?81AJ a e 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6800 BILL TO: 1 0088 APPLE C1 iEV ROL.ET EAST 3220 CAPE FIORN ROAD RED LION PA 17356 SHIP TO: 10088 SAME **-X. CHECK NO O. NUMB ER P O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPERSON BILLED BY 11/ 1J5 DETAIL 14 Je?; NET 3 DAY ??1j 17 .. . 7 7 PXX 1W999 STORAGE CAB I NET 255.00 179.00 179.00 ? % 11/2% SERVICE CH Jrl hAGRr`WAK1n1CC D ARGE WI CTI IDKIC LL BE AS IAIITUnt SESSED ON ALL PAST DUE BALANCES. M-1 A IT Al 1TLJn-AT-1 &- -1 IM n '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 other person to assume or it any liability in connection with the sale of this merchandise. PIECES 1 . (L? kBOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. ' 3EC'D. BY (FULL NAME) X CUSTOMER COPY FxHIBIr ",-T- 11 • 110 S. SPORTING HILL ROAO • MECHANICSBURG, PA 170503057 717-761.6800 BILL TO: 10088 _ SHIP TO: 10088 APPLE C HEV ROLE i OLD 7 EAST 32-20 CAFE HORN ROAD #{ :SAME RED LION PA 1'356 INVOICE NUMBER D1410599 /87 pG DATE CHECK NO. NUMBER P.O. DATE SHIP VIA BILL 9/27/02 DETAIL ORDER :. CODE PART NUMBER SHIPPING DATE TERMS 9/27/02 NET 30 DAY DESCRIPTION LIST ACCT. SALESPERSON BILLED 8Y 009 0g PRICE EX 1 Ia. 11995 STURAGE CABINET 255.00 ??. 00' TENSION °' $ :.. ON LOAN--- m 7 7 , - , m- b yh'k SE 'MERC RVICE CH HANDISE R ARGE WI ETURNS LL BE WI ED UT 01 LL PAST'DUE BALANCES R TION. NO RETURNS ON . SPECIAL ORDERS ,3 ?>ener neraby expressly aLSCYa all w expressed or implied, including any implied warranty or mer- FLJ'I NL_ intability or fitness for a pariicuI purpose, and r neither assumes nor authorizes any ??sry? to assume t any liability in connection with a sale of menr L . OVE ITEMS HAVE BEEN CHECKED D REC IY OW MILLED UNLESS OTHERWISE NOTED. CD. BY (FULL NAME) X? t U -_.?- - --- - - - - - - 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 170503057 717-761-6800 BILL TO: 10088 APF='L_E CHEVROLET EAST 32:4:171 CAFE FAORN ROAD REI) L I ON PA 17356 SHIP TO: 10088 * SAME CHECK NO '.O. NUMB ER P.O. DATE SHIP VIA SHIPPING DATE ER MS P ACCT. SALESPER SON BILLED BY 11/2 1/05 DETAIL 12/22 --- - NET 3 0 DAY 015 17 .•. :. .. PART NUMBER DESCRIPTION LIST 4 4 0 JAN 444365 TOWEL..- DISP. W/LEV 73.85 52.95 : 211.80 ? \ 1'/z % SERVICE CH ARGE WI LL BE AS SESSED ON ALL PAST DUE BALANCES. Y he Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- :hantaby or fitness for a particular purpose, and the Seller neither assumes nor authorizes any j5h assume or it any liability in connection with the sale of this merchandise. I 'BOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. 1 tEC'D. BY (FULL NAMEI X H CUSTOMER COPY EXNI B IT `)j-" S. Sporting Hill Roac PO Box 16?- Mechanicsburg, PA 17055-016- 717-761-680: FAX 717-761-7320 COMPANY APPLE CHEVROLEVOLDS EAST ADDRESS 3220 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 4 TOWEL DISPENSERS JAN444365 52.95 EACH NAME (PRINT) SIGNATU TITLE DATE 7 '"O -y 110 S. SPORTING HILL ROAD , MECHANICSBURG, PA 170543057 717.761-68CQ BILL TO: 10088 SHIP TO: ?+k?E3F3 APPLE CHEVF0I-E-T,'0LD?--, S'AF'E HORN ROAD # ¢'? SAME 32-20 RED LION Prig 1-17-33-15 INVOICE NUMBER DATE I)./ L714 CHECK NO D. NUMB ER P .O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPER SON BILLED BY =4 P:37 VD /04 SERV?CE ?i'19.'04 NET 30 DAY kk'I09 ORDER .. CODE PART NUM13ER DESCRIPTION LIST PRICE EXTENSION 4 .sl L 1'h% SERVICE CH ARGE WI LL BE AS SESSED ON. ALL PAST DUE BALANCES. O MERCHANDISE RETURN S WITHO UT AUTHORIZATION. NO RETURNS ON SPECIAL ORDERS. -a seller hereby expressly Clsclalms all warranties, elbler expressed ar Impllea. Ir1CIUOmg any Imprrea warranty or mer- . v , r r.. V. vv': a -antatNtity or fitness for a particular purpose, and the Seller neither assumes nor authorizes any tlsec pacsor>_to assume :t any liability in connection with the sale f this merchandise. 12 1 CL. C. J 4.0 X 1 0.00 3CVE ITEMS HAVE BEEN CHECXE AND RECEIV D LED UNLESS OTHERWISE NOTED. EC-D. BY (FULL NAME) X 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. r - 1W), C--aly eliterin F affre 4 to Dated: I I7)- 01 A V. CAFFREY AUTO SUPPLY, INC., Plaintiff V. RED LION CHEVROLET/ OLDSMOBILE, INC., d/b/a APPLE CHEVROLET OLDSMOBILE EAST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-118 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on t U/ 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: Red Lion Chevrolet/Oldsmobile, Inc. d/b/a Apple Chevrolet Oldsmobile East 3220 Cape Horn Road Red Lion, PA 17356 Ja Butle Kole, Esquire torney r Plaintiff D. #80 4 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 . ?? ? - _ _ c? ? -rz ` ??{== ^.? `.?J - i' ? ..... _ • .. ,f, ? -i;"l .. ?! ?-y ?. ry ?-^? CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-118 CIVIL TERM RED LION CHEVROLET/ OLDSMOBILE, INC., d/b/a APPLE CHEVROLET OLDSMOBILE EAST, 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 0. - "_ Aamndi 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 Red Lion Chevrolet Oldsmobile, Inc. d/b/a Apple Chevrolet Oldsmobile East Dated: March 23, 2007 CAFFREY AUTO SUPPLY, INC., Plaintiff V. RED LION CHEVROLET/ OLDSMOBILE, INC., d/b/a APPLE CHEVROLET OLDSMOBILE EAST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-118 CIVIL TERM CIVIL ACTION - LAW ANSWER WITH NEW MATTER Defendant Red Lion Chevrolet/Oldsmobile, Inc. d/b/a Apple Chevrolet Oldsmobile East ("Apple Chevrolet"), 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 Chevrolet 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 Chevrolet were on consignment from Plaintiff. Nothing in the Agreement provided that Apple Chevrolet 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 Chevrolet would be permitted to use the Equipment free of charge as long as Apple Chevrolet 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 Chevrolet did not pay for the Equipment as set forth on the Invoices attached as Exhibits B through J to the Complaint. By way of further answer, the documents attached as Exhibits B through J to the Complaint are writings that speak for themselves. It is denied that Apple Chevrolet 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 Chevrolet was on consignment from Plaintiff. Nothing in the Agreement provided that Apple Chevrolet 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 Chevrolet owes any money to Plaintiff under Invoice Number 88903 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 Chevrolet was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88903. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88903 free of charge to Apple Chevrolet provided that Apple Chevrolet 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 Chevrolet owes any money to Plaintiff under Invoice Number 88904 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 Chevrolet was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88904. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88904 free of charge to Apple Chevrolet provided that -2- Apple Chevrolet continued to use Plaintiffs Products. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. C. It is denied that Apple Chevrolet owes any money to Plaintiff under Invoice Number 88905 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 Chevrolet was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88905. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88905 free of charge to Apple Chevrolet provided that Apple Chevrolet continued to use Plaintiffs Products. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. d. It is denied that Apple Chevrolet owes any money to Plaintiff under Invoice Number 88906 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 Chevrolet was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88906. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88906 free of charge to Apple Chevrolet provided that Apple Chevrolet continued to use Plaintiffs Products. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. e. It is denied that Apple Chevrolet owes any money to Plaintiff under Invoice Number 88907 attached to the Complaint as Exhibit F. By way of further answer, Exhibit F is a writing that speaks for itself. Further answering, nothing in the Agreement provided that Apple Chevrolet was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88907. To the contrary, Plaintiff agreed to consign the -3- Equipment listed in Invoice Number 88907 free of charge to Apple Chevrolet provided that Apple Chevrolet continued to use Plaintiffs Products. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. f. It is denied that Apple Chevrolet owes any money to Plaintiff under Invoice Number 88908 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 Chevrolet was obligated to pay Plaintiff for the Equipment provided to it under Invoice Number 88908. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88908 free of charge to Apple Chevrolet provided that Apple Chevrolet continued to use Plaintiffs Products. Indeed, the second page of Exhibit G, Invoice Number 72752 dated February 9, 2004, specifically provides that Apple Chevrolet owes Plaintiff $0.00 for the same Equipment listed in Invoice Number 88908. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. g. It is denied that Apple Chevrolet owes any money to Plaintiff under Invoice Number 88909 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 Chevrolet was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88909. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88909 free of charge to Apple Chevrolet provided that Apple Chevrolet continued to use Plaintiffs Products. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. h. It is denied that Apple Chevrolet owes any money to Plaintiff under Invoice Number 88910 attached to the Complaint as Exhibit I. Byway of further answer, -4- Exhibit I is a writing that speaks for itself. Further answering, nothing in the Agreement provided that Apple Chevrolet was obligated to pay Plaintiff for the Equipment provided to it under Invoice Number 88910. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88910 free of charge to Apple Chevrolet provided that Apple Chevrolet continued to use Plaintiffs Products. Indeed, the second page of Exhibit 1, Invoice Number 59987 dated September 27, 2002, specifically provides that Apple Chevrolet owes Plaintiff $0.00 for the same Equipment listed in Invoice Number 88910. Byway of further answer, see Paragraph 3, above, which is incorporated herein by reference. i. It is denied that Apple Chevrolet owes any money to Plaintiff under Invoice Number 88911 attached to the Complaint as Exhibit J. By way of further answer, Exhibit J is a writing that speaks for itself. Further answering, nothing in the Agreement provided that Apple Chevrolet was obligated to pay Plaintiff for the Equipment that Plaintiff provided to it under Invoice Number 88911. To the contrary, Plaintiff agreed to consign the Equipment listed in Invoice Number 88911 free of charge to Apple Chevrolet provided that Apple Chevrolet continued to use Plaintiffs Products. Indeed, the third page of Exhibit J, Invoice Number 77028 dated July 19, 2004, specifically provides that Apple Chevrolet owes Plaintiff $0.00 for the same Equipment that is listed in Invoice Number 88911. By way of further answer, see Paragraph 3, above, which is incorporated herein by reference. 5. Admitted in part and denied in part. It is admitted that Apple Chevrolet 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 $1,556.12, as no finance charge is owed. By way of further answer, Apple Chevrolet incorporates herein by reference Paragraphs 3 and 4, above. -5- 6. 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 Chevrolet any amount for the Equipment at the time of delivery. It is further denied that Apple Chevrolet is obligated to pay for the Equipment that Plaintiff provided to Apple Chevrolet. To the contrary, the Agreement provided that the Equipment provided to Apple Chevrolet was on consignment from Plaintiff. Nothing in the Agreement provided that Apple Chevrolet was obligated to pay for the Equipment. To the contrary, because the Equipment was on consignment from Plaintiff, Plaintiff agreed to allow Apple Chevrolet to use the Equipment free of charge as long as Apple Chevrolet purchased the Products supplied by Plaintiff. 7. Denied. It is denied that Apple Chevrolet owes Plaintiff $9,511.01. It is further denied that any balance is due and owing by Apple Chevrolet to Plaintiff. By way of further answer, Apple Chevrolet incorporates herein by reference Paragraphs 3 and 4, above. 8. Denied. It is denied that Plaintiff has frequently demanded payment from Apple Chevrolet for any amount due from Apple Chevrolet. It is further denied that Apple Chevrolet owes any payment to Plaintiff for the Equipment Plaintiff consigned to Apple Chevrolet under the Agreement. By way of further answer, Apple Chevrolet incorporates herein by reference Paragraphs 3 and 4, above. WHEREFORE, Defendant Red Lion Chevrolet/Oldsmobile, Inc. d/b/a Apple Chevrolet Oldsmobile East, 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. -6- New Matter 9. Apple Chevrolet incorporates herein by reference its answers to paragraphs 1-8, above. 10. Plaintiff has failed to state a claim upon which relief can be granted. 11. On or about March 1, 1996, Plaintiff and Apple Chevrolet entered into the Consignment Agreement whereby Plaintiff agreed to consign the Equipment to Apple Chevrolet provided that Apple Chevrolet continued to purchase the Products that Plaintiff provided to Apple Chevrolet. 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. 12. Under the Consignment Agreement, Apple Chevrolet was obligated to pay Plaintiff only for the Products that Plaintiff provided it during the tenure of the Consignment Agreement. 13. Under the Consignment Agreement, Apple Chevrolet did not agree to pay for the Equipment that Plaintiff provided to it during the tenure of the Consignment Agreement. 14. Throughout the tenure of the Consignment Agreement, Plaintiff provided Apple Chevrolet with Products to be used to clean vehicles. 15. Apple Chevrolet paid Plaintiff for all of the Products that Plaintiff provided Apple Chevrolet during the tenure of the Consignment Agreement. 16. During the tenure of the Consignment Agreement, Apple Chevrolet maintained all of the Equipment provided by Plaintiff in good condition, as provided in the Consignment Agreement. 17. The relationship between Apple Chevrolet and Plaintiff ended in or around December 2005. 7- 18. Apple Chevrolet is in possession of the Equipment. 19. Although the Equipment remains in Apple Chevrolet's possession, Apple Chevrolet has not used any of the Equipment since the relationship with Plaintiff terminated. 20. Although the Equipment remains in Apple Chevrolet's possession, Apple Chevrolet is willing to return the Equipment to Plaintiff. 21. Even if Apple Chevrolet were obligated to pay Plaintiff for some of the Equipment, which Apple Chevrolet denies, Apple Chevrolet is not obligated to pay Plaintiff the full price that is listed on the Invoices because the Equipment depreciated in value over time. 22. There is no money due and owing to Plaintiff for the Equipment that Plaintiff consigned to Apple Chevrolet during the tenure of the Consignment Agreement. WHEREFORE, Defendant Red Lion Chevrolet/Oldsmobile, Inc. d/b/a Apple Chevrolet Oldsmobile East, 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 T Kandi 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 Red Lion Chevrolet Dated: March 23, 2007 Oldsmobile, Inc. d/b/a Apple Chevrolet Oldsmobile East -8- 07/27/2014 00:52 FAX Z002 mRR-232007 11:44 STEWRRT COMPANIES 717 854 6288 P.12 Verilfir? 'on Subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities, I, Kevin Marquet, hereby certify that I am the General Manager of Red Lion Chevrolet/Oldsmobile, Inc. d/b/a Apple Chevrolet Oldsmobile East. In that capacity, I am authorized to make this Verification on its behalf. I 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. Red Lion Chevrolet/Oldsmobile, Inc. d/b/a Apple Chevrolet Oldsmobile Bast. By , K Dated: .m it icy a2 i ACC 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 2n U 0. Uaa? Kimberly . Selemba Attorney for Red Lion Chevrolet/ Oldsmobile, Inc. d/b/a Apple Chevrolet Oldsmobile East. Dated: March 23, 2007 S ' a - cla i C? r t Z- rn J CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-118 CIVIL TERM RED LION CHEVROLET/ OLDSMOBILE, INC., d/b/a APPLE CHEVROLET OLDSMOBILE EAST, Defendant 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: 9. No response is required. Defendant merely incorporates the averments made in its Answer to Plaintiff's Complaint. 10. 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. 11. Denied. The written Consignment Agreement speaks for itself. Plaintiff also denies any oral agreement or additional oral terms. 12. 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. 13. Denied. The written Consignment Agreement speaks for itself. By way of further response and explanation, the agreement provides that Defendant will maintain the equipment. f- 14. Admitted. 15. Admitted. By way of further response, the amount demanded in Plaintiff's Complaint does not include any products. 16. Denied. To the contrary, Defendant failed to maintain the equipment as required by the agreement. 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. 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. 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. 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. 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. 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 $9,511.01 and grant all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff By: llal):z? 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 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. Kennet . Caf y, J Dated: H/&/07 CAFFREY AUTO SUPPLY, INC., Plaintiff V. RED LION CHEVROLET/ OLDSMOBILE, INC., d/b/a APPLE CHEVROLET OLDSMOBILE EAST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-118 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana C. Butler, Esquire, hereby certify that on the /? lJ 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 Jan utl Toole, Esquire A rney or Plaintiff I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 ?-?J n' l Tt - ' (. -1 CAFFREY AUTO SUPPLY, INC., Plaintiff V. RED LION CHEVROLET/ OLDSMOBILE, INC., d/b/a APPLE CHEVROLET OLDSMOBILE EAST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-118 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark this action settled and discontinued with prejudice. Date: June 19, 2007 Am/? Ronald D. Butler, Esquire Attorney for Plaintiff I.D. #09826 500 North Third St., 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 0 c 77 T f `I Z51+ w?l ? y C