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Home My WebLink About07-0119COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland ?-tecL JaA--? P, -2?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. 09-3-04 Thomas A. Placey PA F l 17050 DATE OF JUDGMENT IN THE CASE OF (PlaintiM (uerenaanq 12/14/06 Caffrey Auto Supply, Inc. ,s York Motors, Inc. d/b/a Apple Acura CV-0000325-06 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 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 appellee(s), to file a complaint in 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. Signature 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 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: 2 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 icsbur COURT FILE TO BE FILED WITH PROTHONOTARY No t `. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT boxes.) (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on onai service ? by (certified) (registered) mail, (date of service) 20 ? by pars an sender's receipt attached hereto, and upon the appellee, name 20 [] by personal service ? by (certified) (registered} mail, ............ . ................... .... .............. ............. sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME ,20 THIS DAY OF Signature of affiant I'll ' Signature of official before whom affidavit was made Title of official _ -- my commission expires on 120 N c 00 :T-, ( z C r AJ N P C ? A0pC 312A - 02 `OMMONNWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENUTRAN COUNTY OF: ?B$xLA>ND CIVIL CASE SCRIPT Mag. Dist. No. " ''*PLAINTIFF: 09 - 3 - 04 NAME and ADDRESS MDJName: Hon. rgFREs AUTO SvFpyy, INC. THo A. FLACEY 110 S. SPORTING HILL RD. Address: 104 B SPORTING HILL RD MECHANICSBURG, PA 17050 MECHANIC ISBURG, PA L J DEFENDANT: VS, Telephone: (717) 761-8230 NAME and ADDRESS 17050 rYOBRK MOTORS INC DBA: APPLE ACURA` '-I 1200 LOUCKS ROAD YORE, PA 17040 CAFFREY AUTO SUPPLY, INC. I- J 110 B.-SPORTING HILL RD, MECHANICSBURG, PA 17050 Docket CV-0000325-06 Date Filed: d: 6106106 THIS IS TO NOTIFY YOU THAT: - "Judgment' FOR; . WE?,?pT (Date of Judgment) , 12,/14/06 Judgment was entered for: (Name) YORK MOTORS INC DBA: APPLE ACURA ® Judgment was entered against: (Name) CAFFREY AUTO SUPPLY, INC. in the amount of $ . 0 F1 Defendants are jointly and severally liable. E Damages will be assessed on Date & Time E' This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. §8127 F] Portion of Judgment for physical damages arising out of residential lease Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $_ 00 $ .03 $ .? $ UUI Certified Judgment Total $ I 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 ENTER JHEE JUDGMENT 111 THE COURT OF COMMON PLE S, ALL FURTHER PROCESS;MUST COME ?R M THE t;OUR OF COMiNAI i?L AND ' mAdittr6nIAL .' _ UNLESS THE JUDGMENT IS ENTERED IN E COURT OF QOM ON PLEAS ANYONE INTE 10 tHt-IN THE JUDGMENT MAIYT 4UDG€ A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, FILE SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. VX I"( Oar Date w Magisterial District Judge I certify that this is a true ct copy f e recor `? i 6? eeedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2010 AOPC 315-06 SEAL DATE PRINTED: 12/14/06 3:24:00 P!t ? ? IK 1 I ¦ i ??t Q„ y ?1 i I ? ,? q I f1J t N 1 „ i . nj m nj O I sit R I nark O u c se ni i ce '.f CfE Df k / O 1 f; ;et nt E i Ln I rq ; e Pi ac - f 1 ru n + -? i lQ2 _ -. 30. to. ? - oso -0 e. • ru r rrl Postage $ ul certified Fee ru Postmark O Return Receipt Fee Here O (Endorsement Required) C3 Restricted Delivery Fee 0 (Endorsement Required) Ln r-9 Total Postage & Fees _ nj "n e t To sr-o25 = 1s??} 1PPc-?- RtL c O d % reet, Apt No.; or PO Box No. ?1po / ?QVL? ??? t - --------------------° - ----- ---.'°-.- ----' ---'---------------....- ' City, State, Z,P+4 ? 0 i I NOTICE OF APPEAL AND RULE TO FILE COMPLAINT J `)i, 'Dr ?iV TEN (10) LAYS AFTER filing of the notice of appeal. Check applicable boxes.) C( °ctK V C( T' { DAUPHIN ss A[ _ i ?? 19 i s Kxx ? ved 07-119 mmon Pleas No Civil Term on the District Justice desi nated therein on u . / co g p January 12, < 20 07 ? by personal service [j by (certified) kjts rj rte) mail, -- York Motors, Inc. wtc, and upon the appellee, (name) d/.b /.. a.Apple- .Acura ... . on Jan uary 12, 20 07 ® by personal service ® by (certified) (oegd) mail, {St X _ E ICE TH- 12th January 07 -.--- -- _? d l Ronald D. Butler Signature of affiant Sig. fl .; r_ ? i fe f J Notary Public My COMNNOi•ANEALTH OF PENNSYLVANIA NOTARIAL SEAL CHERYL L I MU14M M`wyr Ptd* City of Hrrid". DAIilpllkl 0VW W Combs= EON April 6, 2= t? c -v tT` A0PG 312A - 02 O ,.Y-.w^4rsR....l. .v. ?:., "m?a-• rte.. r,.Tk ?.'"?'iP-,-i _ ?.?., ? . COMMONWEALTH OF PENNSYLVANIA ¢ COURT OF COMMON PLEAS NOTICE OF?APR T Judtdal District, County Of Cumberland FROM> 4 DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nob y / ?? q 1. l C.1 t L NOTICE OF APPEAL EZ-kn 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. v w...vv. rvAm? Ur u.a. Caffrey Auto Supply, Inc. 09-3-04 Thomas A. Placey 110 S. Sporting Hill Road Mechanicsburg PA ? 17050 DATE OF JUDGMENT IN THE CASE OF (PfaintM (Defendant)' 12/14/06 Caffrey Auto Supply, Inc. VSYork Motors, Inc. d/b/a Apple Acura aII.NA I. UKt Ur AI'VtLLAN I UK A I I UKNt UK AUtN I CV-0000325-06 /7 4 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. 90086. 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 44`-1 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 -"-y `` Enter rule upon` ?? JV appellee(s), to file a cornplahit,io: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. RULE: To Signature, of appellant or attorney or agent 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 JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-119 CIVIL TERM YORK MOTORS, INC. d/b/a APPLE ACURA, 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. 07-119 CIVIL TERM YORK MOTORS, INC. d/b/a APPLE ACURA, 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, York Motors, Inc. d/b/a Apple Acura, 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, York Motors, Inc. d/b/a Apple Acura, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 1200 Loucks Road, York, Pennsylvania 17040. 3. On or about June 21, 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 for supplies and materials as set forth on Invoice Number 88738 dated December 22, 2005, in the amount of $2,051.34. A true and correct copy of said Invoice is attached hereto and made a part hereof as Exhibit "B". 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 $401.28. 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 $2,452.62. 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 $2,452.62 plus interest and costs and all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM By: Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 111) ?. :ocrring Hill Ra. PO Box t 6 Mechanicsburg, PA 1 "055-01 h 717-761-68C PAX 717-761-73,-' PRODUCT 1 1 z 12 12 12 5 1 1 1 1 1 1 1 4 3 1 55 GALLON SOLV ALL WASH :MITT 55 GALLON ALL PURPOSE SUPER CONC ? BLUE WIPES 55 GALLON HI SUDS _ RAXOR BLADES 1 GALLON XTRACT KLEEN 1 STEEL WCCL 5 GALLON GLASS CLEANER CONCENTRATE 8 TRIGGERS CANS MINT FOAM 8 BOTTLES CANS TU-10 DRESSING 1 WHITE WALL BRUSH CANS VFC 1 DETAILS BRUSH CANS BLACK SPRAY PAINT 1 PARTS BRUSH 5 GALLON DRESS'EM UP 3 WAX DISPENSERS 5 GALLON M.C. WHEEL CLEANER 1 UPHOLSTERY BRUSH 1 GALLON TAR CLEANER 1 GALLON ODOR OUT EQ UIPMENT 1 GALLON SLICK 1 LOCKING STORAGE CABINET BAR CLUE CLAY 1 GRAND PRIX EXTRACTOR 1 GALLON COMPOUND 1 FIVE GALLON RACK SYSTEM 1 GALLON DIAMOND SHINE 1 3 BOTTON METERING DEVICE 1 QUART DIAMOND SHIELD 1 TOWEL DISPENSER CLEAR COAT PADS 1 METAL DRUM PUMP ABSORBER 1 3,4" FAUCET 1 8 STEP CHART 1 PACK MSD SHEETS I ACKNOWLEDGE THAT THE ABOVE EQUIPMENT AND MATERIALS ARE ON CONSIGNMENT FROM CAFFREY AUTO SUPPLY, INC. THIS INVENTORY EQUIPMENT WILL BE MAINTAINED BY THE DEALER. f SIGNATURE SIGNER HAND PRINT NAME HERE 9equt. - TITLE A ?P - / ji,S,z' COMPANY APPLE ACURA ADDRESS 1202 LOUCKS ROAD YORK, PA 17404 DATE 61-L., I. 'o EXHIBIT "A« CONSIGNMENT SYSTEM PO BOX 169, MECHANICSBURG, PA 17055-0169 717-761-6800 APPLE ACURA/SUBARU 1202 LOUCKS ROAD YORK, PA 17404 J TERMS CUSTOMER NO. 10085 DATE 4-30-06 NET 30 DAYS PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE. THANK YOU! STATEMENT 1. INVOICE S. JE CHARGE 2. CREDIT MEMO 6. JE CREDIT 3. PAYMENT 7. SERVICE CHARGE' 4. DISCOUNT 13. PRIOR CREDIT BALANCE AMOUNT ENCLOSED$ INVOICE • SLSF,l 30-60 • 60-90 OVER • 1 DAYS 12-22-05 88738 1 2,051.34 01-31-06 50103077 7 30.77 02-23-06 S0203123 7 31.23 03-31-06 90303170 7 31.70 04-30-06 S040321+3 7 32.18 I TOTALS 32.13 31.70 31.23 2,082.11. BALANCE DUE A FINANCE CHARGE OF 11/2% PER MONTH (18% PER ANNUM) WILL BE APPLIED TO ALL PAST DUE ACCOUNTS. $ 2,177.22 PAY THIS AMOUNT EXHIBIT "B" 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050.3057 717-761-6800 BILL TO: 1 0Q.J85 AF=PI.._E ACURA/SUBARU 12`0;2. L.OLJCKS ROAD P. 0. BOX 7767 YORI; IDA 174.04 SHIP TO: 1.0065 SAME CHECK NO '.O. NUMBER P.O. DATE SHIP VIA II/15/05 DETAIL .•. :. CODE PART NUMBER SHIPPING DATE TERMS 12/E:21?+5 NET 30 DAY DESCRIPTION LIST ACCT. SALESPERSON BILLED BY 015 17 PRIrF EXTENSION 1 1 tea AHS 149 THE ABSORBER 17.25 1*2 95 12.95 1 1 0 AND LM2-175 WASH MITT 8X11 5. E'S : , 95 ; , r 1 1 0 BRO 1800 METAL DRUM PUMP 31.95 23.95 23.95 1 1 0 CAS IGBPOG EXTRACTo KLEE::N 27. 10 20.35 20. 35 1 1 0 CA 1GSPI12 ,.SLICK" 23. 00 17.:30 17.30 1 1 0 CAS IGBP25 ODOR--OUT 46-50 34.95 34.95 * 1 1 0 CAS 1GBP9 TAR REMOVER 23.9171 17.95 17.95 1 1 0 CAS 1GCP CAS COMPOUND/GAL 51.00 37.95 37.95 * I 1 0 CAS I GDS DIAMOND SHINE/GAL 51.00 37.95 ' 37.95 * 1 J. 0 CAS 200--B CAS-CLAY BLUE 33. 25 M.'4.95 ,2'4.1:35 ? 6 6 0 CAS 2602 D. C. GEMI GL.-BLACK 4.65 3.49 20.94 1 1 VI CAS 55GBP02 SOL.V-°ALL DEGREASER 635.00 364. 95 364. 93 ?t 1 1 0 CAS 5 aGSC I tZ O ALL PURPOSE CL_I-AN . 456.50 3421. 95 342915- SUPER CONCENTRATE 1 1 0 CAS 55GSC200 HI--SUDS GAR WASH' 456.50 342. 95 342.95 ? SUPER CONCENTRATE 1 I 0 CAS 5GBP65 TIRESS$ M UP 131.75 99. 00 99.00 k 11/2% SERVICE CH .in nnCDruAMMIQc o ARGE WI Cri I-- LL BE AS ,nn- 1 SESSED ON ALL PAST DUE BALANCES. - fhe 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. CONTINUED NEXT PAGE ?•'?'•?„?• ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. 'IEC'D. BY (FULL NAME) X CUSTOMER COPY I10 S. SPORTING HILL ROAD • MECHANICSBURG, PA 17050-3057 717-761-6600 # INVOICE INVOICE NUMBER 00088738 DATE BILL TO: 10013 SHIP TO: 10085 08 APPLE AC'URA/SUBARU 1202 LOUCKS ROAD ### SAME ### P. 0. BOX 7767 CHECK NO YORK FAA 17404 PIS ._' '.O. NUMB ER P.O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPER SON BILLED BY 1 1/1 5/05 DETAIL 12/E:2r05 NET 3 0 DAY 015 17 .-. :. CODE PART NUMBER DESCRIPTION I LIST PRICE , 1 1 0 CAS 5BMC4 M. C. WHEEL CLEANE R 95.70 71.95 71.95 1 1 0 CAS 5GSC300 GLASS BR I TE CLEAN 101.00 75.95 '75.95 #• SUPER CONCENTRATE 3 3 0 CAS 8CE:PP CLEAR COAT BUFF 15.95 11.95 35.85 * 4 4 0 CAS t D SE DIAMOND SHIELD/QT 31.00 22.95 91.80 ? 1 1 0 CST 304705 PK/ 100 SE BLADES 7.91 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 * 1 1 0 FLT 72 BRASS W/W BRUSH 8.00 5.95 5.95 * 1 1 0 FLT PF85 VINYL. TOP BRUSH 7.00 4.95 4.95 * 1 1 0 PRW BR " BLUE-W I F: ES" ROLL ,1 3 80.00 59.60 59. 80 * 1 1 0 P X X WC8 CAS WALL CHART 13.00 171.00 0.00 # 1 1 0 RHO SL-00 2/'0 STEEL WOOL 3.99 2.99 2.99 12 12 0 SHO P 100 VINYL.. FOAM CLEANER 4.65 3.49 41. 88- # 12 12 0 SHO P310 MINT FOAM VELOUR 5.25 3.89 46. 68 * 1.8 12 0 SHO TU 10 TU--• 10 COATING 5.50 3. 99 47.86 1 1 0 TOL. 123 3/4" FAUCET 3.95 2.95 2.95 A 1112% SERVICE CH yin ee?o?unnnc? n ARGE WI LL BE AS SESSED 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 person to assume or it any liability in connection with the sale of this merchandise. L;ON[INUED NEXT PAGE' #• #•iF#• ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. I 3EC'D. BY (FULL NAME) X CUSTOMER COPY 110 S. SPORTING HILL ROAD • MECHANICSBURG, PA 170503057 717-761-6800 BILL TO:100/3 5 SHIP TO: 10095 _I APPLE ACURA/SUBARU 1202 LOUCKS ROAD *# * SAME P. 0. BOX 7.7667 YORK PA 17404 INVOICE INVOICE NUMBER 00 088738 PCB DATE 0E3:5!3 12/r'2/05 CHECK NO. '.O. NUMB ER P.O. DATE SHIP VIA SHIPPING DATE TERMS ACCT. SALESPER SON BILLED BY 11/1 5/05 DETAIL 12/22/05 NET 3 0 DAY 015 17 .•. :. ., PARTNUMBER DESCRIPTION LIST PRICE EXTENSION :, 3? Z` BOTTLE 1.33 1.00 8.00 !S B' 0 TOL BA 32 OZ TRIGGER 3.95 2.95 23.60 x. 3 3 0 TOL WD12 12 OZ WAX DISP 2.00 1.59 4.77 * 4 11/2% SERVICE CH Jn MIPRr:N ANIr ZP P ARGE WI PT1 IQI IC LL BE AS WITNnI SESSED ON ALL PAST DUE BALANCES. IT AI ITUnD I7ATInKI nln M-1 I-IC - n the Seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty or mer- TOTAL 1-944.73 -hantabihty or fitness for a particular purpose, and the Seller neither assumes nor authorizes any,,QQthey.P r on to assume or it any liability in connection with the sale of this merchandise. hr y 61T 93.0 TAX 1 1 OF,. G 1 ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. AMT 'TO PAY 2051.34 RECD. BY (FULL NAME) X CUSTOMER COPY 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 F. affre MO Dated: yy b? CAFFREY AUTO SUPPLY, INC., Plaintiff V. YORK MOTORS, INC. d/b/a APPLE ACURA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-119 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE A_ I, Jana Butler Toole, Esquire, hereby certify that on their 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: York Motors, Inc. d/b/a Apple Acura 1200 Loucks Road York, PA 17040 Ja utl Toole, Esquire orney or Plaintiff .D. #80 4 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 f? ?? l _?. 4_x_7 -.-J ?'('? t?` ?? ( W 1 _ ... ?. ?? rte: ? -- 1' W _)?! ? _ ? - .?fY .. _ ` ? 1 , ? _?1. -, Cam.; CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-119 CIVIL TERM YORK MOTORS, INC. d/b/a APPLE ACURA, 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 Kandic 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 Westgate Chevrolet, Inc. d/b/a Apple Acura Dated: March 23, 2007 CAFFREY AUTO SUPPLY, INC., Plaintiff V. YORK MOTORS, INC. d/b/a APPLE ACURA, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-119 CIVIL TERM : CIVIL ACTION -LAW ANSWER WITH NEW MATTER Defendant Westgate Chevrolet, Inc. d/b/a Apple Acura ("Apple Acura"), improperly identified in the Complaint as York Motors, Inc. d/b/a Apple Acura, 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 Acura is without knowledge or information sufficient to form a belief as to the truth of this averment, and the same is therefore denied. 2. Denied. It is denied that the proper name of the Defendant is York Motors, Inc. d/b/a Apple Acura. To the contrary, the proper name of the Defendant is Westgate Chevrolet, Inc. d/b/a Apple Acura. It is further denied that Apple Acura's principal place of business is located at 1200 Loucks Road, York, Pennsylvania 17040. To the contrary, Apple Acura's principal place of business is located at 1202 Loucks Road, York, Pennsylvania 17404. 3. Admitted with the clarification that the Agreement provided that the materials and equipment (the "Equipment") received by Apple Acura were on consignment from Plaintiff. Nothing in the Agreement provided that Apple Acura was obligated to pay for the Equipment. To the contrary, the Equipment was on consignment from Plaintiff. The Agreement does not represent the entire agreement of the parties. In addition to the terms of the Agreement, the parties orally agreed that Apple Acura would be permitted to use the Equipment free of charge as long as Apple Acura 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 Acura did not pay for the Equipment as set forth on Invoice Number 88738 dated December 22, 2005, which is attached to the Complaint as Exhibit B. By way of further answer, the document attached as Exhibit B to the Complaint is a writing that speaks for itself. It is denied that Apple Acura is obligated to pay for the Equipment as set forth in Exhibit B, 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 Acura was on consignment from Plaintiff. Nothing in the Agreement provided that Apple Acura was obligated to pay for the Equipment. To the contrary, because the Equipment was on consignment from Plaintiff, Plaintiff agreed to allow Apple Acura to use the Equipment free of charge as long as Apple Acura used the Products supplied by Plaintiff. 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 Acura 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 $401.28, as no finance charge is owed. By way of further answer, Apple Acura incorporates herein by reference Paragraph 4, above. 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 Acura any amount for the -2- Equipment at the time of delivery. It is further denied that Apple Acura is obligated to pay for the Equipment that Plaintiff provided to Apple Acura. To the contrary, the Agreement provided that the Equipment provided to Apple Acura was on consignment from Plaintiff. Nothing in the Agreement provided that Apple Acura was obligated to pay for the Equipment. To the contrary, because the Equipment was on consignment from Plaintiff, Plaintiff agreed to allow Apple Acura to use the Equipment free of charge as long as Apple Acura purchased the Products supplied by Plaintiff. 7. Denied. It is denied that Apple Acura owes Plaintiff $2,452.62. It is further denied that any balance is due and owing from Apple Acura to Plaintiff. By way of further answer, Apple Acura incorporates herein by reference Paragraphs 4, 5, and 6, above. 8. Denied. It is denied that Plaintiff has frequently demanded payment from Apple Acura for any amount due from Apple Acura. It is further denied that any payment is due from Apple Acura to Plaintiff. By way of further answer, Apple Acura incorporates herein by reference Paragraphs 4, 5, and 6, above. WHEREFORE, Defendant York Motors, Inc. d/b/a Apple Acura 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 9. Apple Acura 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 June 21, 2000, Plaintiff and Apple Acura entered into the Consignment Agreement whereby Plaintiff agreed to consign the Equipment to Apple Acura -3- provided that Apple Acura continued to purchase the Products that Plaintiff provided to Apple Acura. 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 exist. 12. Under the Consignment Agreement, Apple Acura 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 Acura 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 Acura with Products to be used to clean vehicles. 15. Apple Acura paid Plaintiff for all of the Products that Plaintiff provided Apple Acura during the tenure of the Consignment Agreement. 16. During the tenure of the Consignment Agreement, Apple Acura maintained all of the Equipment provided by Plaintiff in good condition, as provided in the Consignment Agreement. 17. The relationship between Apple Acura and Plaintiff ended in or around September or October 2004. 18. Upon termination of the Consignment Agreement, Apple Acura returned all of the Equipment that Plaintiff consigned Apple Acura during the tenure of the Consignment Agreement. 19. Even if Apple Acura were obligated to pay Plaintiff for some of the Equipment, which Apple Acura denies, Apple Acura is not obligated to pay Plaintiff the full price that is listed on the Invoice because the Equipment depreciated in value over time. -4- 20. There is no money due and owing to Plaintiff for the Equipment that Plaintiff consigned to Apple Acura during the tenure of the Consignment Agreement. WHEREFORE, Defendant Westgate Chevrolet, Inc. d/b/a Apple Acura 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 ?JQJa- Kandide 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 Westgate Chevrolet, Inc. d/b/a Apple Acura Dated: March 23, 2007 -5- Verification Subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities, I, Matthew Kugle, hereby certify that I am the General Manager of Westgate Chevrolet, Inc. d/b/a Apple Acura. In that capacity, I am authorized to make this Verification on its behalf. I f n ther certify that the facts set forth in the foregoing document are true and correct to the best of my knowledge or information and belief. Westgate Chevrolet, Inc. d/b/a Apple Acura Matthew Kugle Dated; M arc A 22, Z w 7 Z'd OO2GLE2LTLTL:O1 :WO8J ULE:TO L002-22-6UW 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 U aQ)130? Kimberl A. Selemba Attorney for Defendant Westgate Chevrolet, Inc. d/b/a Apple Acura Dated: March 23, 2007 r_jo . _ N ?a rrt ;? o CAFFREY AUTO SUPPLY, INC., Plaintiff V. YORK MOTORS, INC. d/b/a APPLE ACURA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-119 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: 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. 14. Admitted. 15. Denied. Defendant has failed and refused to pay for the materials and supplies itemized on the invoices attached to Plaintiff's Complaint. In addition, none of these items have been returned to Plaintiff. 16. Admitted. 17. Denied. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 18. Admitted in part and Denied in part. It is admitted only that Defendant returned the equipment supplied by Plaintiff. It is specifically denied that Defendant paid for any of the items on the invoices attached to Plaintiff's Complaint. Moreover, Defendant did not return any of the items on said invoices to Plaintiff. 19. Denied. The allegations made in this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. 20. 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 $2,452.62 and grant all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff 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 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 IS Pa. C.S. §4904 relating to unsworn falsification to authorities. Kenneth Car , J . Dated: (? D7 CAFFREY AUTO SUPPLY, INC., Plaintiff V. YORK MOTORS, INC. d/b/a APPLE ACURA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-119 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana C. Butler, Esquire, hereby certify that on the 64 day of April, 2007, 1 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 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 `7 f r.) , v (? t _ e? -.? , --.J ?i ? ?? ?,_ ' 4 '1 }' t. , ? -= ?'s? =`. ? _ t\:r •< CAFFREY AUTO SUPPLY, INC., Plaintiff V. YORK MOTORS, INC. d/b/a APPLE ACURA, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-119 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please mark this action settled and discontinued with prejudice. Date: June 19, 2007 IL, ? 4 ? 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 ta7 tm CD