HomeMy WebLinkAbout02-3381
DONALD E. MOATS, JR.
and ANN E. BILLET,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 0).... ?, 3 Ii' I
Civil Term
KEYSTONE AUTO EXHANGE
SALES INC., d/b/a
AUTO-MAX OF CARLISLE,
Defendant
Jury Trial Demanded
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
fullowing pages, you must take action within twenty (20) days after this compIaint 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 compIaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to you,
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumber/Jlnd County Bar Associmion
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
A VISO
USTED HA SIDO DEMANDADO / A EN CORTE. Si usted desea defenderse de !as
demandas que se presenten mas ade1ante en !as siguientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando
comparecencia escrita y radicando en la Corte porescrito sus defenses de, y objecciones a, las
demandas presentadas acqui en contra suya. Se Ie advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cnalquier suma
de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el
demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede
perder dinero 0 propiedad u otros derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VA Y A A
LA SIGUIENTE OFICINA PARA A VERIGUR DONDE PUEDE ENCONTRAR ASISTENCIA
LEGAL.
Cumber/Jlnd County Bar Associotion
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
DONALD E. MOATS, JR.
and ANN E. BILLET,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. OJ... 3.3 ~ I
Civil Term
KEYSTONE AUTO EXHANGE
SALES INC., d/b/a
AUTO-MAX OF CARLISLE,
Defendant
Jury Trial Demanded
COMPLAINT
AND NOW, comes Plaintiffs, Donald E. Moats, Jr. and Ann E. Billet, by and
through their attorney, Kirstin M. Sweigard, Esquire, and represents the following:
1. Plaintiff Donald E. Moats, Jr. is an adult individual residing at 1969
Roosevelt Avenue, York, York County, Pennsylvania,
2. Plaintiff Ann E. Billet is an adult individual residing at 1969 Roosevelt
Avenue, York, York County, Pennsylvania.
3. Defendant Auto-Max of Carlisle is a Pennsylvania corporation with a
place of business located at 1110 Harrisburg Pike, Carlisle, Cumberland County,
Pennsylvania.
4. Venue is proper in Cumberland County, as Defendant has done business in
Cumberland County at all times relevant hereto in the form of sales and attempted sales
of vehicles,
5. On or about December 29,2001, Plaintiffs and Defendant entered into a
written agreement, hereinafter referred to as "contract", pursuant to which Plaintiffs
purchased a 1999 Dodge Ram truck. A true and correct copy of the Contract is attached
at Exhibit "A."
6. The agreed upon purchase price for the 1999 Dodge Ram truck was
twenty-four thousand nine hundred dollars ($24,900.00). See Exhibit "A."
7, As part of the Contract, Plaintiffs traded in a 1996 Dodge Ram truck,
valued by Defendant for the purpose of the transaction at eleven thousand dollars
($11,000.00).
8. Plaintiffs purchased, with cash, the 1996 Dodge Ram truck on October 10,
2001 for the price of thirteen thousand five hundred four dollars and fifty cents
($13,504.50). See Exhibit "B."
9. The balance to be financed, after the reduction for the trade in vehicle, was
sixteen thousand four hundred eighty-six dollars ($16,486.00). See Exhibit "C."
10. In accordance with the terms of the Contract, Defendant agreed to repair
damages to the 1999 Dodge Ram including but not limited to state inspection, to~ch up,
front-end alignment and repair damages to the rear passenger quarter panel.
11. Defendant arranged financing for Plaintiffs through Triad Financial
Corporation located at 7711 Center Avenue, Suite 250, Huntington Beach, California.
12, At the time of execution of the contract, Plaintiffs provided to Auto-max
all necessary documentation for the financing to be processed.
13. Plaintiffs were subsequently informed that the documentation provided on
December 29,2001, the purchase date of the 1999 Dodge Ram, was misplaced.
14. Defendant Auto-Max of Carlisle informed Plaintiffs that the information
they had provided on December 29,2001 had been misplaced and Defendant needed
Plaintiff to provide the information again.
15. On or about January 21, 2002, Plaintiffs faxed all requested information to
Defendant Auto-Max of Carlisle.
16, On or about February 4,2002, Plaintiffs again faxed all requested
documentation to Defendant Auto-Max of Carlisle,
17, On or about April 4, 2002, Defendant came to Plaintiffs residence to
repossess the 1999 Dodge Ram truck.
18. While attempting to repossess the truck, significant damage was done to
Plaintiffs black-topped driveway.
19, The estimated cost to repair Plaintiffs driveway is two thousand one
hundred dollars ($2,100.00). See Exhibit "D,"
20. At the time of repossession, the 1999 Dodge Ram truck had approximately
twenty-five dollars ($25.00) in gasoline in the truck.
21. Plaintiffs repeatedly contacted Defendant Auto-Max from their home
phone and inquired as to where to make payments on the 1999 Dodge Ram. See Exhibit
"E."
22, Despite repeated requests, Plaintiffs were only told that they would
receive either a payment book or coupon in the mail from Triad Financial Corporation.
23. Plaintiffs never received any payment book, coupon or any other
information about where to send payments.
24. Between December 29,2001 and April 4, 2002, Plaintiff contacted Triad
Financial Corporation multiple times and learned that they had no record of the sale of
the vehicle, nor of any financing information related thereto.
25. Plaintiff Ann E. Billet was forced to take three days offfrom work during
the period from December 29,2001 through April 6,2002 to personally attend to this
matter.
26. Defendant sold the 1996 Dodge Ram ,which Plaintiff traded in, for
thirteen thousand nine hundred dollars ($13,900.00).
COUNT I - BREACH OF CONTRACT
27. Plaintiff incorporates herein by reference the allegations set forth in
paragraphs one (1) through twenty-six (26) as though the same were fully set forth herein
at length.
28. The actions of Defendant as aforesaid are willful and constitute a material
breach of the Contract entered into between Plaintiffs and Defendant.
29. As a direct and proximate result of the actions of Defendant as aforesaid,
Plaintiff has suffered and continues to suffer serious injury, including but not limited to
loss of all monies paid for the 1996 Dodge Ram, which was traded in, loss of the use of
all vehicles connected with the contract, as well as other damages incident to the breach
of this contract,
WHEREFORE, Plaintiff demands that this Court enter judgment in its favor and
against Defendant, Keystone Auto Exchange d/b/a Auto-Max of Carlisle, in the amount
of$16, 965.24 plus costs and attorneys fees, exclusive of interest.
COUNT II - UNJUST ENRICHMENT
30, Plaintiff incorporates herein by reference the allegations set forth in
paragraphs one (1) through twenty-six (26) as though the same were fully set forth herein
at length.
31. As a result of the practices of Defendant Keystone Auto Exchange d/b/a
Auto-Max of Carlisle, as described above, defendant Keystone Auto Exchange d/b/a
Auto-Max of Carlisle has been unjustly enriched including but not limited to the 1996
Dodge Ram and repairs made by Plaintiff on the 1999 Dodge Ram.
WHEREFORE, Plaintiff demands that this Court enter judgment in its favor and
against Defendant, Keystone Auto Exchange d/b/a Auto-Max of Carlisle, in the amount
of$16, 965.24 plus costs and attorneys fees, exclusive of interest,
Respectfully submitted,
rpUjoL
(J~f~~ M~ftUI.L
Kirstin M. Sweigard, Esquire
THOMAS & AsSOCIATES
3111 N. Front Street
Harrisburg, PA 17011
(717) 541-9979
ill No. 83801
Attorney for Plaintiff
EXHIBIT A
EXHIBIT B
I
~'W""E. MOATS
10/, 10/ 01 s'1'W~SEVELT AVE
. l.#.Irt..r\J.J
~85010 - 7351P
NAD II DEAL II
1DSE1 .....
J NEW 0 USI!D 0 DEMO 0 CAll 0 TRUCK
'""99 MAlCI' DODGE
o
~
"'XCAB
sfflfP
'l!RI A Y I UPPER I
I LOWEAl
"r:!! B 7 H F 1 3 Y 9 T G 1 9 2. 1
I I II I I II I I IIII I
, TAIM
t 1 MIL.AGE 882,61
12.,600.1 0
PRICE OF VEHICLE
$
lEALER ADDED OPTIONS
JNDERCOATlNG
+
+
+
+
ALL SALE DISCOUNTS ARE
BEING SHOWN AS OVERALLOWANCE
+
+
llSCOUNT INCLUDING $
REBATE
~TOTAl
:XT SE!\vICE CONTRAtT
H"OVV.OO
J\"AM
-A'A.. 'U 'f 17 Y
f "Jt:IIIJ_1 fi"'wtSFER FEE +
~<<t"'5 IJ \ REGISTRATION FEE +
) I-=< 1.;'1'1"\ U ,C)7 ~NCUMBRANCE FEE +
I
I MK.ES
+
I
COUNTY
8l"R
I'
"
1IlJS..... """""
"~~?A.'?
LICENSE .
LICENSE .
n1l!liP1...v.n..w
YEA~
MAKE
MOllEL
TYPE
V.LN. I MIlCAGE
I I I I I I I I I I II I I I I
TITLE NO. PLATE NO.
COLOR
EXP. DA~
IWANCE OWED 10
AllDAESS
ACCOUNT NO.
UUUU THAU I SPOKE WITH
1-
TRACe AUOWANCE
tNCl.UDJNG S
REBAte
BALANCE owen ON TRADe
SAlES TAX +
{:> 0 U V NET TRADE AU..QWANCE
INSURANCE co.
NATIONWIDE
H 00
""I'U
TITLE FEE +
TEMP PLATE FEE +
OOC FEE +
loU 100
:N HOt.OER
TIRE TAX +
'n~~~~~ :^~
roTAl CONTRACT PRICE
:ASH DUE ON DEUVERY
.ESS CASH DEPOSIT
~ET AlLOWANCE FOR TRADE.IN
I $ 13,504~5
3, 504. 50
AGENT
R. PANCHISIN
IPOllCYNO. ' .
5837DI39533
PHONE NO.
(717)
767-53Z4
AllORESS
WARRANTY INFORMATION (Check Appropriate Block{s))
o ~1o~ih~.='~'k~y-::'::~iSJ;-ms'"
warrantiesbeither ellpressed or implied! including any tmpli.a warranty of
merchanta i1itv or titne55 for a particu af purpose, and t118 senar neither
assumes not'" authorizes any other person to assume for it any uBbifity in connection
with the sale ot this itemJitems.
o ~ CAR WIfIitNf1Y... The information that you see on the window fotffi for this
9~-is part of \hl. Ccm\fac\. InflJrmation on thtt window fotm ovemdes any contrary
;av}Sions tn Ihe contract of sale. -. .
.... This motor vehicle is sold -AS IS - without any warranty either expr8$$8d. or I
llnolled~~' The purchaser win geat the inti,te ,expense of repairfng or correcting any I
defed that presan TISA:r that may ~ur tn the vehicle. .
Customer' . f// f:
Signature ...:... \III....... t.:leo.oM.
If '{ou ca~this purchase agreement or retuse to take delivery of the v.hiele
ordered'. excep.t as permitted l5y law, you shali, atour option, forfeit as damages
the amount of $ .
Customer's X
~DlROHIIBJVERY/AMJUNTfIN.i''''C'''' 1$. Slclnature .
rHE CONTRACT PRICE OF THE MOTOR VEHICLE CANNOT BE INCREASED AFTER THIS CONTRACT HAS BEEN ACCEPTED BY THE DEALER OR THE
IUTHORIZED DEAlER REPRESENTATIVE UNLESS THE INCREASE IS DUE TO THE PASSAGE OF A LAW OR REGULATION OF THE UNITED STATES OR THE
:DMMONWEALTH WHICH: ReQUIRES ADDITION OF NEW EQUIPMENT TO CERTAIN VEHICLES: CHANGES IN TRANSPORTATION OR EXISTING TAX RATES:
)R. IN THE CASE OF FOREIGN MADE VEHICLE, IS DUE TO A RE.EVALUATlON OF THE UNITED STATES DO~LAR vi....vis THE CURRENCY OF THE
;OUNTRY OF MANUFACTURE. THIS CONTRACT IS NOT BINDING UPON EITHER THE DEALER OR THE PURCHASER UNTIL SIGNED BY AN AUTHORIZED
)EALER REPRESENTATIVE, YOU, lHE 8UVEfI. MAY CANCEl. THIS CONTRAcT AND RECeIVE A AJU. REFUND AIf'( TlIE lIEFOFlE RECEIPT Of' A COP'( Of'
'HIS CONTRACT SIGNED BY AN AlJTHORlZEIl DEAlER REPRESENTATIVE BY GMNG WRITTEN NOTICE OF CANCEUATION TO lIE 0EAlEl'l. IF THIS IS A
:REDIT SALE, BUYER(S) AUTHORIZE SELLER TO INVESTIGATE ALL CREDIT AND EMPLOYMENT HISTORY AND FURTHER AUTHORIZE SELLER TO
~ELEASE SAID INFORMATION TO A CREDIT GRANTOR(SI OF SELLER'S CHOICE, I CERTIFY THAT I AM OF LEGAL AGE OR OLDER AND ACKNOWLE,DGE
~ECEIPT OF A COPY _~I,S CONTRACT, (
'u,en..o X r,f. ~ ~ Dato 10/10/01 VorifiedBy l
5ignaturoofAutho,izedDeJ,Rep,esontotive X ~, _ Dal. 10/10/01
1200-1202 l.oUcks Rd. P. O. Box 77r;TO
(717) 1148-1300 (717) 854-1800 ,
YORK. PA. 17404
....,...,.
cue
PAID
+,
RE.cmDSt FROM: ADAIolS It 800.2321711
"",
EXHmIT C
"-,:".~"".7""",,,:,,",-,
t;I;'~,-'..........",.__....-
54549tP8503)l)
""'" ,
OOMALD E-MOATS
""""-OSI
DBA
Auto....ax~fQill8burg
&19 U.S. Fl~, 15 North-
DlIlsbUl'g, "'^, f1019
(i1'7)~-61QO,"
a
Auto.Max pf Mechanlcs~rg
5270 E. llindlil Rd.
Mechllni(:SbOlll. PA 11050
(717)~1~ .
,0, D
""'"
wm-~ (If Carlisle Auto.Max of ColOnial Park
1 H() l'I!II'ti$tll.llll Pike ~O JOI18$l'1Wi1Rd.
Cal1~e, ......17013 Hll1'fisIjurg,PA 17112 , ,
'(717)~79-7 (717) 541-1600
D D
ft.&ASE. ENTEI"'." ORDIII POll THE/FO!.LOWJNG
\fEW or 0 DEMO 0 CAR 0 TRUCK . ~
MAI<E MOOEl
TRIM
M "
S1l<l1!
ZIP
,
.
ORESS
_WITH
\II!!lIAEIlBY
lOUNT.
""'liii'
- .. ,.,,',,'~
, Oocumerita:(y Fee
';;'1;';10 fliilti$'~_flj1 Flilf'
._:'r;;;~~n(.; !'(',' :if;:;;~l'~ ~--;::
',.>,,:C';:.-,.-,
~
~'1-'ff.1';';",; \;t,~
~'...:~k'
m '::;en~n:;:;.,l :t'!Hi'!\ ~ftl
{j~i;~.q1'.'~ .'iO:;,l
~_ -....,..,",e'~.:;;"':~~" ''-.'':
.~ mOj~1~V .1ti'J!~~r::~ \(
I:SUYI:H~ \:IUIUI:
IMPORTANT: Spoken promises are difficult to enfon:e. Ask the dealer to put"l promises In writing. Keep
~Ionn.
JJoO&<(;.. e.~ d5CO IqqCj \~1KF;}3bi:~j5SI;J.(Q8
VEHtCLE MAKE tIOOE1. YEAR vtN HUM8ER
DULDlITOCK NUMIII!" (0pI0MI)
b"
L-\'>-'
WARRANTIES FOR THIS VEHICLE:
D
AS IS-NO WARRANTY
YOU WILL PAY ALL COSTS FOR ANY REPAIRS. The dealer assumes no responslblnty lor any repelrs
regardless 01 any oreI statements about the vehicle.
e1 WARRANTY
o FULL ~ UMITED WARRANTY. The deeler will peYfOO "10 01 the labor andiM % of the perla for the
cowntd systems thet flIIlclutfng the wemlnty period. Ask the dealerlOf a copy 01 the wemInty
document for a fuH explanation 01 .......nty coverege, exclusions, and the de"er's repelr
obligations. Under stale Ie., "Implied .alTlll'ltles" may give you even more rights.
COVERED SYSTEMS
ENGINE
COOLING SYSTEM
FUEL SYSTEM
TRANSMISSION
STEERING SYSTEM
BRAKES I ELECTRICAL
DRIVE AXLE
SUSPENSION
FACTORY AIR CONDITIONING
DURATION OF COVERAGE MARKED BELOW
o 3 MONTHS /3,000 MILES ~ MONTHSI6.ooo MILES 0 12 MONTHS/12.000MILES 0 24 months/24.000 mO..
* $100.00 DEDUCTIBLE STANDARD PER VISIT APPLIES
READ THE WARRANTY CONTRACT FOR THE SPECIFICS ON SYSTEM COVERAGE
o SERVICE CONTRACT. A service contnlct is available at en exl... cherge on Ihls vehicle. Ask for
details.. to coverege, deductible, price, end exclusfons. If you buy a service conll'llCf within 90 deys 01
the time of Hie, stale Ie. 'mplled werrantles" may give you eddltlonef rights.
PRE-PURCHASE INSPECTION: ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED BY
YOUR MECHANIC EITHER ON OR OFFTHE LOT.
SEE THE BACK OF THIS FORM for Importanladcltlonellnformatlon. including a Hst 01 some major deIects
thet may occur In used motor vehicleS.
FORM BGE-C1 INSIDE WASHINGTON HlOO-422-ll217
To Order Forms CAll OIJTSlDE WASHINGTON 1-800-826-7095
~4Y 1_':u:::n_?7""_7'l1?
7 DAYS A WEEK
24 HOURS A DAY
WHOLESALE FORMS, INC,
PATENT NO 4864755
See Reverse Side Of I\Sfeement,Fof O~ta\\s
'. ,~lUcU ".""'''C4\o1UV
"EKfCOR'EPE lZFQRMANC E '
Securing Your Future
ROAD AMERICA MOTOR CLUB INCLUDED
Provided To Customer Under Separale Agreement
1 (800}843~1405
NEW VEHICLE
"'-';"',.,. ~;>.: ,
:!NT 1239893 '
ALL COVERAGES
.
".,..-,...'.-' .
....
,I"',
.
~~~~:-~ei:O ~~uctible if repairs are performed at the issuing dealer;
.'@:;:.,\helWise\he standard deductible will apply.
I
_ _ ',' ._. .' ~ -,. ::< 1''f,:;.:',-''~.''-'"
CHECKTIt.RM&'MILEAGESELEC'fEO;" ";;:,, "",'" , ' "",u
, Thls,agr&llItlMt,l\Inni.....wh...,the"'..lec\edJennJfl1>m date,~.al..) expl_. or~o,!bl> CQ~ ,
, vehicle" odOuI..te~ ex_tIlemllea~seIecl8d!>elo.., whichever""","" firet. r",
" , "'P3!iMON:plSl4Q,0Q0 ""ILES
Q,48MOmHSI6O,OQOiMILES X
~' , 91fl11Gf1'5.aoo-MlLeS~,___,
, ,MONTI-ISl100i000,MIt!.E~~.
____.-~__'"""_.w..-.-,...-_ '
o 7,2 MONnisp:2.0Q0 MtLl;$ ,
o 72 MONTHSI100,OOO.M/tES
o OTHER
I.
.- . ,'-'.,::<
I.
. . i'. .~
CUSTOMER INFORMATiON/COVERED 'v.'BHfGLE';)"
"
,
l
..\....
'-'O,)'""""-:"~,.,..;-:...:.-:.,.,,,,,H
:;';~;,~
,",~,.-'
~M)itT HOL9ER'SNAME
(Last)
(First)
(Middle, lolllal)
E
TELEPHONE
~?nl)1'6,*-9i552
DONALD
)DRESS
6~~SEVELT AVE
1&
STATE
FA.
ZIP
"1'74'04
MEHIGLEIDENTlFlCATlQN>NUMBER
'l,ajt;'p~~-()J.i.lSH258
OAR
MAKE
OOE
MODEL,
)OMETER
.1368
I
VEHICLE CLASS
.j'.
j '"'; ,~.'.
VE\1l19kE.:P~RCHASEPRlCE ""./A!'PLlCATION DATE
2t28/01
DI'.TE OF SALE
2/29/01
I VEHICLE,SAtEPRICE
j $
>
oNHOkDER ' '
lAD ,FINANCIAL CORPORATION
IORESS
Ft~NTER AVE SUITE 2SQ
->.. -', -. .,. -~
~,t~dK';~~~';;"U';'O '"~Ii':'
"
'-;'-"'.". '-"':""'~' . r-
,\ ,;t;;""'~J\l~4~, ,~'
.':,.,. - ,.~ .-.,.'::.... . ....
o ...";~.r;\".., <_ ..'". ~ .':;~~:,i:--.. ;:_'-:';(".';'~,' ", ...."
!l~(j4i1 '
his ~ service ,~reement, the selling de~ will m_ ~,~<iOilered<:oll)l:lOnents .nCludI"ll'1U1d8 In conJUncnen~!1I,!;!!'~"T""';''''''
~~~'Q/ 9f\Y.P!ili'.may be made with newiparJs.:,~UlJj\:t!iiild piri. 01 with parts OfDIje.kind lind<lualily at the time of ~*iilll'~"\ ," . .),
iuthorization of!h8 adminIstrators. -. '
ThisCOY~e,supplemenlsllJ,e new vehicle warranty provided by 1I>e manufacturer to the original ownar of the. covered !
vehicle. Al\e~.~e,""f1Itat\9<l p{1ge new Y9hicle warranty and before the expiration pf.this,extended"sarvice agreement. the
,.~:'~Q~~~~~~~~~r;o~t~:h~t~~~H=~~.wa:;f~r;b~.~~~:~~,!!,,:I99:~l1r,!emeF:~.
ENCORE COVERAGE
,,,'
.' AotmiOI\lAL BENEFITS
I'lSl'~'~~;:'!'.lJ:l"Ifi1!l.beC<:i~fll~duet<)break<IOWn"ol'a~.e""!<<mtponent;toWlng,COS1l>nor~.I~'bX"ins..uratlce'lOIiI.I,~'~vered"l
I per occurrence. You must call Road America, prior to receiving 'towingaS$istallC$, at 1-8C)~~., " ';'..
llute lI"ansportation FIeltnbulllllln8r1t,'ln'thellVilnt'afa m9Chanical'~'ol'1I'eollllted'palt;'9OU'WI1l'1\8 TIllri\~r actual expenses Incurie:
ute transportatk>n up to the maximum dally ralil eW$il&,plltday, a5 dat'rnailImum; notttl~'$-''l5,oe pet"occuft9i1li8:Td'Qualify lor the first day's
Irsement. the rovered vehicle must Pe rel;lij)e<l. P,\' tffll.lAA8irlng facility o.emighl or tffll covered repalr must exceed a minimum 01 lour (4) hours iabor,
:1 In the current years manufablU!'8i"s'Or'otliiir ~lijd itat rale repalr manuals. For parts delay or components failure'lnspection a.Pe/llay aIIowerlc<
de as determined by admllJl$triaW<;.~$UbsIItut9J19h1l:1eanusl be rented from a "cansed ren1al agency. Rel1J1b~ Q/,subslllUte,1.ta\'lSportati sl
ntinue beyond the day on which repairs are completed and the customer is notified of complelion. 'Receipts l!'!l ,J'eql.rire(jJ,!r,reiJ'!lbIJ,~.
,a;lsb/BinHaws/ij ,"" . ''','' '.".. '.' ,
.terruptl1lO ,f.lel",bU!Ml1lerit:,Wh.tm~ ~<llsables a covered vehicle and the covered:.rGpa:iRl~eted'more;tIjantfOOnllles aw
'e<lOntr"oI'hol_SoflomelOwnr-we-win''''il'Rbt!rse.the.cen~ror ledgmg.and.~~.....RllII-by.the.___b8Iween_a\e.
r6Wirana;ll'iIr'i!JMifan'Wl\rC/\'lfiij'ffi\IllllllffllPiiRr~m'66lllprilrea;"'~Wi'ffllli}~':e.pml!llS;,.ilIl"'ltf~S:OO:iliil;l'lli'if;'ii6l.~'i'll"
,um 01 $225.00. Trip Interrupllon Reimbursement is not available In CaAit>tnia'aAd-~~lI;;' ,,' . ,-" ' , '
ass Use E11g1bl111y "
EJiaIbIBNBw, __ Passenger cars, Trucks and Vans up to and Including 1 ton vehicles used for: route sales and!pr route service. inspecIions andf(
,ations. ~illi.ir pwpos$S. constJUclion, gjlT.d9illng and lawn care, carryin!}.!I)ef$)to a job sile, farming aildR8nl:lIil\li,,'~!~l'l6WiolI(1
exceed the manufacturer's spacilicatlons of the allgibIe vehicle covered UfilI8l;the.vahicle service agreement.. .; , ,
Ineliaible Vehicles, All USed vehicles, mulliple-drtver vehicles. and any vahicle usad lor: hSIJIIng: hauling lor hi",; delivery, shutll&, taxi or limousine seT\<
Of other law enforcement Sl!(\I:~,,~ serviceS; security services; snow piowing; cahte or line installation or rem<lval; or any rental vehi<;ll!-, '!lI!hk;l'
,ed _ flat beds. du~~;~mmlllflal~owlng equipment. lilting or hoisting equipment are ineligible, step vans, high <:ube vans~d'bJ?)'.~"'m'!'
,ie. Vehicles usad'lot pay!olids and/or toWing In excess 01 the manulactumr's spacllicatlons am inellglble. ' ',.' , " ,
. Contract Guarantee
ustomer may purchase ano\her vehicle ~ agreement prior lo the expiration ollheir C\l1Wl\t eg<eement provided tl\at:
I vehicle is not used for business use.
he time the future agreement Is requested, the vehicle qualifies under our current underwriting guidelines. '
I purchase i",mad&..8t!leasI'30;dayS arld 15oe..rtiilil$prior to the expiration of the current agreement.' 1. 'f
ifiabla service records are provided showing COf!1PIIaI1ge, .01 scheduled maintenance.
I vehicle is made available tothe issuing detllllfW,anltl$pecllon prlor to the Issuance of the iutute agreel11ent.
WHAT IS NOT COVERED"
This extended service agreement will QOXE!:r g~ty\ttl~o~e items included under Encore Coverage. and does not cavar the following:
:xistlng Conditions and incidental or consequential damage or loss caused by breakdown of componenta (or otherwise) lncludln
~rtY)~lf;P.8rspnaql'liury, inconvanlence,lllSS of vehicle use, and commercial loss. Punitive damages are a1sp ~X!,,;l
,dad. Repairs covered bY,the original manufacturer's warranty, whether or not transfeR\lld,wlthilhe"VliIlIOIe,ilinl,nWCliiJtil!ed.,' '.'
_ and business use is excluded and win void cevarage under this extended service agreement. unless the vehicle qualifies under the auslness Use EllglbHlty
. Repairs required because 01 collision, abuse, overheating. or opecaliOn without proper lubrfcation or ccolan!, road conditionS, misuse, negligence, ~raci,
lOts, fires, 1Ioods. riots. acts of God, vandaltsm. upsel, \hell, lac\< Of reasonable and proper main/e",,"",:, abusell1lWglt ~.~r )IlSl!~!1,""""'PlU\
through. continued operatfon of an impaired vehicle. or any other Jesses no~ covered by casualty Insurance,atfj-'.riOt co ~ .,AISO not coVElrsc :are feP8lrs bey
,.nul!edjo,correct,the'COV.eredJallure"~Ie~~t'CO'll/~~",,.9XC9"iv""OIl'CO~~~, ,~Q..IoS$.!>i'll9"1~~""'-d' ,Q;\l~',.'.' '.lll8' ,',l\lf'~. ..,..,
=.. ','."... d. ..,,'.. ',.,'. "'_. ''''.'~. _',., ','?J', '''''''. '. ..'.... '.' "". ",' "..".'''";.",.".....~,..'..,, -""'=:'-'<''''''.'; ,.,,-"l.=..~ ",,,,,,"-.' ;;",w"",~, ,', " I....' ", ,. ",...."..', ,....
"eof'n:6v"'l(fparnj"pilift"as:a'ie5~K'Of"iiIi\\arW..dinate81':;"ef!ll!iSt)I' . '",,'~Vrn,,"'"~'oeei> """,,;,,0 aoo..,...; "., , u.ull' ..'
s on vehicles whose mileage has, been altered or whose odometer haS' 6&Em taJ:npEmKI with am n'nt covered. Navigation systems am IlQ1. ~rect;rhf),to~'of~:ali
,___. ,~__ ...,_ .",~"oii ..NIce ameemenl shall nol_ !he then cuiieril NADA wholesale value 01 your vehicle immediately PriOr to the bT8al<<IOwn of
........, .JL..... """'-' ......... ....."'..Ao..J
..a... ......., ..IL............... ........., ........................... __...... '<II - -
.CUSTOMER GUIDE
'WHAT TO DO IF REPAIRS ARE NEEDED
'OUR VEHICLE IS WITHIN FORTY (40) MILES of the selling dealer, and the selling dealer has a
:Iir facility, you must deliver your vehicle to the selling dealer at the address shown on the front of
extended seNlee agreement. \1 'Your vehicle is inoperable and needs to be towed, call Road
erica at 1 (800) 843-1405. Have your membership number (located at the upper left on the front
e of this vehicle service agreement) ready before you call Road America.
'OUR VEH,ICLE IS MORE THAN FORTY (40) MILES from the selling dealer, call 1 (800) 334-
3 (National Warranty Insurance) for instructions before you deliver your vehicle to a repairing facility
)ur vehicle is inoperable and needs to betoweO, call Road America at "\ (800) 843-1405 atmryou
'e obtained the name and address of the nearest authorized repair facility from National
'ranty. Determine your location and have your membership number (located at the upper left on the
It page of this vehicle service. agreement) ready before you call Road America.
::I'TOWlNG ASSISTANCE AND COVEFlAGE you must call Road America at 1 (800) 843-1405.
,wing becomes necessary due to breakdown of a covered component, towing costs not payable by
Irance will be covered up to $50.00 per occurrence by Road America.
ASSURE COVERAGE under the terms of this extended service agreement, au~horizatlon must bf
alned Drior to teardown or repair. The repair facility must call the toll free number for National
rranty Insurance Company at "\ (800)334-8358.
~NeELLATlON: In ,the event the covered vehicle Is repossessed, declared a total loss, or you give notice of
!ncellatlon, thls'e~' service agreement shall termtnate. Submit immediately to the selling dealer In writlng the
IOwing:ctheextendedservice agreement number, vehicle identification number, mileage, make and model of the
hiela, If!bancellad!withiR'thirty{30Ydays ,andno claims ,have been paid, the amount of the refund shall be equal to the
I amount paldforthis:,agreement.,Otherwise in datennining the amount of any refund, the purchase price of the
tended servlce'l!igreement shall be mulliplied by the greater of (A) the portion obtained by dividing the total mileage
ed from date of sale of the covered'vehicle by the maximum number of miles covered under this extended service
reement or (B) the fraction obtained by dividing the number of months this extended service agreement has been in
'ce from the date of purchase by the number of months covered under this extended serviCe agreement. The
ference betWeen the number so obtained and the price of the extended service agreement, less a refund fee (as
tennined below), shall be refunded to you and/or the lienholder. In the event of repossession or total Joss the
nbCl~"will bt;l'~bE!:!>PJ~,i;~~"t,q,~~'5l9~~,9Qjtpe back of, thiSpligefor speclfice state guidelines.
;;_,';,"'_: "';:.,,:,.:.;:.> . .;-"...,,_;.:.:-!:,~._~,:c::,,:,.:.:.,.:.-~-.:'-:. :<__;'<,..... .. ',,:,-,.:::>..,..,',:,,':-' .... -', '-'.:,-:-, .' '; ;CO-"-'-:-,:':..:-- ,"". -.,~."-"'.: .,""~'..,<:'. ,,';':' :'ti:,:_',., -:'_;, ,;,- ::.. '.:':'--- ."
- -, - .
.... . - '- ~n~ M _~......... 'n "'on"';" WhA.... the customarv "short rate" wilt be utitized to
STATE GUIDELINES
, customer initials
j purchased this service agreement in any of the following states, the agreement is amended as indicated below. The
nistrator of this vehicle service agreement makes diligent effort to include ail state notices as they become effective, but in
3 where a state's notice is not present on this printing of the agreement, state law wiil take precedence over the terms of this
:ie service agreement.
nsas- Notice to Purchaser: The purchase 01 this vehicle service contract is not required in order to purchase or obtain
~ing lor a motor vehicle.
omta: If the extended service agreement is canceled within sixty (60) days of your receipt of this':agreement (the Initial
d) and no claims have been made under the agreement, the amount of the refund shall be equal to the full amount paid
is agreement. After the Initial Period, or if a claim has been made under this agreement, the amount of the refund shail
pro rata share of the selling price at the agreement as calculated under .Cancellations' above (preceding page). Trip
'uplion Reimbursement is not available in California.
gia: If you bought this in Georgia and desire to cancel this agreement, you must: a) mail this agreement to obligor along with
ized affidavit that state the mileage on your vehicle at the date 01 your request. II this agreement was financed, obligorwil\
efund to lender unless you provide with proof that the loan has been paid; b) if you make your request in the first 30 days,
ill refund the entire price of this agrli*llTlent. After the first 30 days, we will keep a pro-rata portion of the price based on the
;xpired on this agreement as compared to the agreement term. Also, cancellation fees are not permissible. The maximum
tion of unearned consideration cannot exceed the customary short rate; c) the obligor cannot cancel this agreement except
Iud, material misrepresentation, or failure to pay premium. Any cancellation will comply with OCGA section 33-24-44;
,bligor fails to pay any refund within 60 days attar written requeGt for cancellation, you may make a direct written claim to thll
;r; e) the transfer and cancellation provisions are amended to allow the transferee the same cancellation rights provided to
'iginal holder of the contract.
..Notice to purchaser: The coverage you are buying is not required to register or finance a vehicle. Coverage afforded
, this motor vehicle service contract is not guaranteed by the Idaho Insurance Guarantee Association.
Pursuant to the Iowa Motor Vehicle Service Contract Acts, you may also contact the Iowa Insurance Commissioner at the
ing address: Iowa Insurance Department, 6th F19or, Lucas State Office Building, Des Moines, iowa 50319.
achusetts- Notice tc purchaser: The coverage you are buying is not required in order to register or finance a vehicle. The
its provided may duplicate express manufacturer's or seller's warranties that come automatically with every sale. You can
~uired by the seller of this coverage 10 pursue those warranties which are available to you without this contract.
;sota-Mlnnesota Amendment: Minnesota statute 325F.662 requires that every used motor vehicle sold by a dealer is
ad by an express wa[ra[1ty which the dealer shall provide the consumer. ' At a minimum, the express warranty applies for th~-
ing terms: (1) If the'IT(otor vehicle has less than 36,000 miles, the warranty must \'emain in effect ~or at least 60 oays or 2,500
which ever comes tirst; (2) if the used motor vehicle has 36,000 miles or more, but less than 75,000 miles, the warranty
remain in ellsct for at least 30 days or 1,000 miles, whichever comes first. Covered parts listed on this contract may be
ed by the required express warranty and are covered by this service contract only after expiration at the express warranty.
The warranty coverages listed below are provided to you by dealer for no charge as required by Minnesota statute
&62. Enoine: Lubricated parts, intake manifolds, engine block, cylinder heads, rotary engine, housings, ring gear.
mission: case, internal parts, torque converter', or, the manuai transmission case, and the internal parts. Drive Axie: axle
19S and internal parts, axle shatts, drive and output shafts, universal joints; but excluding the secondary drive axle on
es, 'other than passenger vans, mounted on a truck chassis. Brakes: master cylinder, vacuum assist booster, wheei
ers, hydraulic lines and fittings, disc brakes calipers. Steering: gear housing and all internal parts, ):lower steering pump,
body, piston, and rack. Water pump; externally mounted mechanical fuel pump: radiator; alternator, generator and starter,
thQ '~Il~""in" ""r',,, "fA covered onlv on vehicles with less than 36,000 miles: steering rack; radiator; alternator; generator
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EXHIBIT D
Date: ~-21-o2
Job Description:
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: IN THE COURT OF COMMON PLEAS OF
CUBERLAND COUNTY, PENNSYLVANIA
Timothy J. Nieman, Esquire
Attorney I.D. No. 66024
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
DONALD E. MOATS, JR.
ANN E. BILLET
v.
CIVIL ACTION LAW
: NO. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE
SALES, INC., d/b/a AUTO-MAX OF
CARLISLE
Defendant
: JURY TRIAL DEMANDED
ANSWER. NEW MATTER AND COUNTERCLAIM
NOW COMES Defendant, Keystone Auto Exchange Sales Inc., d/b/a Auto-Max of
Carlisle ("Auto-Max"), and files this Answer, New Matter and Counterclaim, stating as follows:
1. Admitted on information and belief.
2. Admitted on information and belief.
3. Admitted.
4. Admitted.
5. Denied. It is denied that on or about December 29, 2001, Plaintiffs and
Defendant entered into a written agreement pursuant to which Plaintiffs purchased a 1999 Dodge
Ram truck. To the contrary, on or about December 29,2001, Plaintiff Donald Moats and Auto-
Max entered in a written agreement (the "Contract") pursuant to which he purchased a 1999
Dodge Ram truck. Plaintiff Ann Billet is not a party to the Contract. A true and correct copy of
the front side of the Contract is attached to the Complaint as Exhibit "A". The reverse side of the
439526.1
Contract is not attached to the Complaint. A true and correct copy of the entire Contract is
attached hereto as Exhibit "A". The Contract, being a writing, speaks for itself.
6. The Contract, being a writing, speaks for itself.
7. Admitted.
8. Denied. It is denied that the Plaintiffs purchased, with cash, the 1996 Dodge Ram
truck on October 10, 2001 for the price of thirteen thousand, five hundred dollars and fifty cents
($13,504.50). To the contrary, Exhibit "B" attached to the Complaint, which Plaintiffs contend
supports this allegation, states that Plaintiff Donald Moats purchased a 1996 Dodge vehicle on or
about October 10,2001 for $13,504.50, including taxes, title and other fees. Plaintiff Ann Billet
is not a party to that transaction. Exhibit "B", being a writing, speaks for itself. Finally, after
reasonable investigation, Auto-Max is unable to determine how Donald Moats paid for the 1996
Dodge.
9.
10.
Admitted.
Denied. It is denied thht Auto-Max agreed to repair damages to the 1999 Dodge
Ram including, but not limited to, state inspection, touch-up, front end alignment and repair
damages to the rear passenger quarter panel.
11. Denied. It is denied that Auto-Max arranged financing for Plaintiffs through
Triad Financial Corporation located at 7711 Center Avenue, Suite 250, Huntington Beach,
California. To the contrary, Plaintiff Ann Billet was not a party to the Contract, which contains
the terms of the financing arrangement pursuant to which Donald Moats purchased the 1999
Dodge Ram truck. Instead, Donald Moats and Auto-Max are the parties to the Contract. While
the Contract gives Auto-Max the right to assign the Contract to a sales finance company, and
Triad Financial was the Company that the Contract would have been assigned to, such
assignment did not happen here. Instead, at all relevant times and pursuant to the Contract,
Donald Moats was required to make monthly payments to Auto-Max in the amount of $394.78
per month beginning on January 28,2002. Donald Moats never made any payments pursuant to
the Contract.
12. Denied. It is denied that at the time of execution of the Contract, Plaintiffs
provided to Auto-Max all necessary documentation for the financing to be processed. To the
contrary, Auto-Max did not receive all documentation necessary to process the financing.
13. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity ofthis allegation and denies the same.
14. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity of this allegation and denies the same.
15. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity ofthis allegation and denies the same.
16. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity ofthis allegation and denies the same.
17. Denied. It is denied that on or about April 4, 2002, Defendant came to Plaintiffs
residence to repossess the 1999 Dodge Ram truck. To the contrary, when Donald Moats failed to
make his January, February and March payments, Central Penn Recovery came to Donald Moats'
residence and repossessed the 1999 Dodge Ram truck.
18. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity of this allegation and denies the same. It is specifically denied that Auto-Max in any way
damaged Plaintiffs' driveway.
19. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity of this allegation and denies the same. Additionally, Exhibit "D", being a writing, speaks
for itself. It is denied that Auto-Max in any way damaged Plaintiffs' driveway.
20. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity of this allegation and denies the same.
21. Exhibit "E" is missing from the copy of the Complaint served on Auto-Max and
thus Auto-Max is unable to determine the truth or falsity of this allegation and denies the same.
Additionally, Exhibit "E", being a writing, speaks for itself. The Contract, however, clearly
states that the 1999 Dodge Ram truck was financed through Auto-Max and gives Auto-Max's
address. Plaintiffs were told to send payments to Auto-Max.
22. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity of this allegation and denies the same. See also Auto-Max's response to Paragraph 21
above.
23. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity of this allegation and denies the same. It is denied that Plaintiffs did not know where to
send payments. See also Auto-Max's response to Paragraph 21 above.
24. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity of this allegation and denies the same.
25. After reasonable investigation, Auto-Max is unable to determine the truth or
falsity of this allegation and denies the same.
26. Admitted.
COUNT I - BREACH OF CONTRACT
27. Auto-Max incorporates herein by reference its responses to Paragraphs 1 through
26 above.
28. The allegations of this Paragraph are conclusions of law to which no response is
required. To the extent a response is deemed appropriate, these allegations are denied. To the
contrary, Auto-Max did not breach the contract. Rather, Donald Moats breached the Contract by
not making monthly payments as required.
29. Denied. It is denied that Donald Moats suffered any damages in this action.
Rather any expenses incurred by Donald Moats are attributable to his failure to make monthly
payments as required by the Contract.
WHEREFORE, Defendant Auto-Max respectfully requests that this Court dismiss
Plaintiffs' claims and award it costs, including reasonable attorneys' fees, along with any other
relief that this Court deems appropriate.
NEW MATTER
30. Auto-Max incorporates herein by reference its responses to Paragraphs 1 thorugh
29 above.
31. Plaintiffs have failed to state a claim upon which relief can be granted.
32. Plaintiff Ann Billet is not a proper party to this action.
33. Plaintiff Ann Billet is not a party to the Contract that was allegedly breached.
34. Plaintiffs' claim is barred because Plaintiffs materially breached the Contract in
that they failed to make monthly payments as required by the Contract.
35. Plaintiffs' claim is barred by the doctrine of unclean hands.
36. Plaintiffs suffered no damages in this matter.
. .--, "_'-"'_"--".._-,_..,~~"._...~~.,
37. Plaintiffs' claim is barred by the terms of the Contract.
WHEREFORE, Defendant Auto-Max respectfully requests that this Court dismiss
Plaintiffs' claims and award it costs, including reasonable attorneys' fees, along with any other
relief that this Court deems appropriate.
COUNTERCLAIM
38. Counterclaim Plaintiff is Auto-Max.
39. Counterclaim Defendant is Donald Moats.
40. The Contract between Auto-Max and Donald Moats requires Donald Moats to
make sixty-six monthly payments in the amount of $394.78 to Auto-Max commencing on
January 28,2002. A true and correct copy of the Contract is attached hereto as Exhibit "A".
41. The Contract further provides that "[i]f a payment is late, you [Donald Moats]
will be charged 2% of the portion of the payment which is late for each month, or part of each
month greater than I 0 days, that it remains unpaid."
42. The Contract also provides:
You agree to pay us [Auto-Max] the Total Sales Price for the
Vehicle by making the Cash Downpayment and assigning the
Trade-In, if shown above, on or before the date of this Contract,
and paying us the Amount Financed plus interest. You promise to
make payments in accordance with the Payment Schedule. You
promise to make payments on or before the same day of each
month as the first payment due date. You agree to pay all other
amounts which may become due under the terms of this Contract.
You agree to pay the Seller or Assignee costs of suit. You also
agree to pay reasonable attorneys' fees if Seller or Assignee hires
an attorney to collect amounts due under this Contract or to protect
or get possession of the Vehicle. ...
43. The Contract goes onto provide, "You agree to make all payments on or before
they are due without our having to ask."
a___.._.._ .". ._....",_"..,....-'<./....
44. The Contract defines "Default" to include the failure of the purchaser, here
Donald Moats, to "make any payment on or before its due date."
45. In the event of default, Donald Moats agreed that Auto-Max could, among other
things, repossess the vehicle.
46. Donald Moats failed to make any monthly payments pursuant to the Contract.
47. By virtue of his failure to make monthly payments pursuant to the Contract,
Donald Moats defaulted under the Contract and breached the Contract.
48. Auto-Max has been damaged as result of Donald Moats' breach of contract.
These damages include, but are not limited to, January, February and March payments that
Donald Moats failed to make in the aggregate amount of $1,184.34, late fees of 2% per month
and cost of suit, including attorneys' fees.
WHEREFORE, Counterclaim Plaintiff Auto-Max respectfully requests that this Court
award it damages in an amount less than $30,000, interest and costs, including reasonable
attorneys' fees, along with any other reliefthat this Court deems appropriate.
Respectfully submitted,
RHOADS & SINON LLP
By: ,,,.iT I .--1 (J _ t
Timothy ~
One South Market Square
P. O. Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
Q~/QU(Q~ 14:1~ r~\X 717 ~31 6626
RHO(DB&.5INON LLP
, t
~OlQ.
VERIFICATION
Thomas FloWMl, deposes and says, subject to the penalties of 18 Pa. C.S. & 4904 relating
to unsworn falsification to authorities, that he is the -5'A.L.FS M.nIl./AGE:7'2.- of
Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of Carlisle, that he makes this verification
by its authority and that the faats set forth in the foregoing Answer, New Matter and
Counterclaim arc true and cotteCt to the best of his knowledge, infonn.a.tion and, belief.
Date:
y - g - e:Z t;)O;;;J,
~~~~
~~d W~0~:90 G00G 80 '6n~
'ON 3NOHd
WO~.::I
CERTIFICATE OF SERVICE
I hereby certifY that on August 9, 2002, a true and correct copy of the foregoing document
was served by means of United States mail, first class, postage prepaid, upon the following:
Kirsten M. Sweigard, Esquire
Thomas & Associates
3111 North Front Street
Harrisburg, Pennsylvania 17110
~
( ~
ara D. Boozel --
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EXHIBIT A
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,..':TRADE....:. ,'~'"
?i~uha"tradedllf.
; the followinl vehicle:
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DONALD E. MOATS, JR.
and ANN E. BILLET,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE:
SALES INC., d/b/a
AUTO-MAX OF CARLISLE,
Defendant
Jury Trial Demanded
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 fu.iI 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 other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE 11IIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1HE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberhurd County Bar AssociatWn
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
A VISO
USTED HA SIDO DEMANDADO / A EN CORTE. Si usted desea defenderse de !as dernandas
que se presenten mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte
(20) dias despues de la notificacion de esta Dernanda y Aviso radicando comparecencia escrita y
radicando en la Corte porescrito sus defenses de, y objecciones a, las dernandas presentadas acqui en
contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la dernanda 0 cualquier
otra reclamacion 0 remedio solicitado por el dernanclante puede ser dictado en contra suya por la Corte sin
mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDlATAMENTE. SI
USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VA Y A A LA
SIGUIENTE OFICINA PARA A VERlGUR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
CumberhuuJ County Bar AssocUmon
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
'.
DONALD E. MOATS, JR.
and ANN E. BILLET,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 02-3381 Civil Term
KEYSTONE AUTO EXHANGE
SALES INC., d/b/a
AUTO-MAX OF CARLISLE,
Defendant
Jury Trial Demanded
PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM
WIm NEW MATTER
AND NOW, comes Plaintiffs, Donald E. Moats, Jr. and Ann E. Billet, by and through
their attorney, Kirstin M. Sweigard, Esquire, and represents the following:
30. Plaintiff incorporates herein by reference the averments set forth in paragraphs 1
through 31 in Plaintiffs' Complaint as if fully set forth. 1
31. The allegations of this paragraph are conclusions of law to which no response is
required. To the extent a response is deemed appropriate, the allegations are denied.
32. Admitted.
33. Admitted.
34. The allegations of this paragraph are conclusions of law to which no response is
required. To the extent a response is deemed appropriate, the allegations are denied. To the
contrary, Donald E. Moats, Jr., did not breach the contract. Rather, Auto-Max breached the
1 Plaintiffs' Complaint contained 31 paragraphs. However, in Defendant's Answer with New Matter and
Counterclaim, Defendant failed to answer paragraph 30 and 31 of Plaintiffs' Complaint and begins New Matter at
paragraph 30. Accordingly, this Reply is numbered according to Defendant's Answer with New Matter and
Counterclaim, which starts at 30.
",
contract by failing to provide information to Triad Financial as well as breaching the contract by
repossessing the 1999 Dodge Ram.
35, The allegations of this paragraph are conclusions of law to which no response is
required. To the extent a response is deemed appropriate, the allegations are denied.
36. Denied. It is denied that Plaintiff, Donald E. Moats, Jr., suffered no damages in
this matter. To the contrary, Donald E. Moats, Jr. suffered damages, exceeding $16,965.24,
including but not limited to the loss of the use and value of the 1996 Dodge Ram and the loss of
use of the 1999 Dodge Ram and the repairs made thereto.
37. Denied. It is denied that Plaintiffs' claim is barred by the terms of the contract.
To the contrary, the terms of the contract indicate that Triad Financial Corporation was the lien-
holder with regard to the 1999 Dodge Ram. See also Plaintiffs' Complaint, Exhibit "C".
WHEREFORE, Plaintiffs' respectfully request this Honorable court enter judgment in
its favor and against Defendant, Keystone Auto Exchange Sales, Inc., d/b/a Auto-Max of Carlisle
in the amount of$16,965.24, plus costs and attorneys fees, exclusive of interest.
PLAINTIFFS' REPLY TO DEFENDANT'S COUNTERCLAIM
38. Admitted.
39. Admitted.
40. Denied. It is denied that the contract between Auto-Max and Plaintiff, Donald
Moats, Jr., required Plaintiff to make 66 monthly payments in the amount of$394.78 to
Defendant. To the contrary, the contract indicates that seller intends to assign this contract to the
'.
assignee, the assignee and lienholder being Triad Financial Corporation as evidenced in Exhibit
"c" of Plaintiffs' Complaint.
41. Admitted.
42. Admitted in part and denied in part. It is admitted that the contract, with the
exception of the word Auto-Max, contains the clause which is quoted in paragraph 32. However,
to the contrary, it is denied that Auto-Max financed the 1999 Dodge Ram purchased by Plaintiff
It is specifically denied that Plaintiff owes or owed any monthly payments to Auto-Max of
Carlisle, rather those payments were owed to Triad Financial Corporation as lienholder.
43. Admitted in part and denied in part. See also Plaintiffs' response to paragraph 42
above.
44. Admitted in part and denied in part. It is admitted that the contract contains the
clause recited in paragraph 44. However, it is specifically denied that Plaintiff defaulted with
regard to Auto-Max of Carlisle. See also Plaintiffs' response to paragraph 42 above.
45. Denied. It is specifically denied that Auto-Max, as only the seller of the vehicle
could repossess the vehicle. It is also denied that Plaintiff agreed that Auto-Max could repossess
the vehicle. To the contrary, Auto-Max was not the lienholder of the vehicle.
46. Admitted in part and denied in part. It is admitted that monthly payments were
due on this contract. It is denied that any payments were due to Auto-Max. To the contrary,
monthly payments were to be made to Triad Financial Corporation and not to Auto-Max of
Carlisle.
47. The allegations of this paragraph are conclusions oflaw to which no response is
required. To the extent a response is deemed appropriate, the allegations are denied. To the
'.
contrary, Plaintiffs did not default and breach the contract. Rather, Auto-Max breached the
contract by failing to provide information to Triad Financial Corporation and to Plaintiffs as to
where payments were to be made.
48. Denied. It is specifically denied that Auto-Max has suffered any damages with
regard to this contract. To the contrary, Auto-Max has been unjustly enriched by the repairs
made to the 1999 Dodge Ram by Plaintiff and the value of the 1996 Dodge Ram which was
traded in.
WHEREFORE, Plaintiffs respectfully request this Honorable Court enter judgment in
its favor and against Defendant, Keystone Auto Exchange Sales, Inc., d/b/a Auto-Max of
Carlisle, in the amount of$16,965.24, plus costs and attorneys fees, exclusive of interest.
NEW MATTER
49. Plaintiff incorporates herein by reference its responses to Paragraphs 30 through
48 above.
50. Defendant has failed to state a claim upon which relief can be granted.
51. Defendant's claim is barred because Defendant materially breached the contract
in that they failed to provide proper documentation to the lien holder, Triad Financial
Corporation, and failed to provide Plaintiff with proper documentation and information as to
where Plaintiff should make payments on the 1999 Dodge Ram.
52. Defendant's claim is barred by the doctrine of unclean hands.
53. Defendant suffered no damages.
,
WHEREFORE, Plaintiffs respectfully request this Honorable Court enter judgment in
its favor and against Defendant, Keystone Auto Exchange Sales, Inc., d/b/a Auto-Max of
Carlisle, in the amount of$16,965.24, plus costs and attorneys fees, exclusive of interest.
Respectfully submitted,
L/lQII>si;~ M.~Va/lc1
Kirstin M. Sweigard, Esquire
THOMAS & ASSOCIATES
3111 N. Front Street
Harrisburg, P A 17011
(717) 541-9979
ill No. 83801
Attorney for Plaintiffs
DONALD E. MOATS, JR.
and ANN E. BILLET,
Plaintiffs
: IN mE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 02-3381 Civil Term
KEYSTONE AUTO EXHANGE
SALES INC., d/b/a
AUTO-MAX OF CARLISLE,
Defendant
: Jnry Trial Demanded
VERlFICA nON
I, Kirstin M. Sweigard, Esquire, verify that I am the attorney for Plaintiffs, Donald E.
Moats, Jr., and Ann E. Billet, as designated in the present action, and that the facts and
statements contained herein are true and correct to the best of my knowledge. I understand that
any false statements are made subject to the penalties 18 Pa.C.S. 9 4904, relating to unsworn
falsification to authorities.
Respectfully submitted,
~f)fl C;i1~ /LA. (~-e/ra/Lt7L
Kirstin M. Sweigard, Esquirev
mOMAS & ASSOCIATES
3111 N. Front Street
Harrisburg, P A 17011
(717) 541-9979
ill No. 83801
Attorney for Plaintiffs
DONALD E. MOATS, JR.
and ANN E. BILLET,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 02-3381 Civil Term
KEYSTONE AUTO EXHANGE
SALES INC., d/b/a
AUTO-MAX OF CARLISLE,
Defendant
Jury Trial Demanded
CERTIFICATE OF SERVICE
I, Kirstin M. Sweigard, Esquire, counsel for Defendant, hereby certify that a true and
correct copy of the foregoing document was served by hand delivery at the following address:
Timothy 1. Nieman, Esquire
Rhoads & Sinon, LLP
12th Floor
1 South Market Square
P.O. Box 1146
Harrisburg, P A 17108-5731
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, elating to unsworn
falsification to authorities.
Respectfully submitted,
cjlrjA dt ~ j01.(,ftvu}a/U?L
Kirstin M. Sweigard, Esquire
THOMAS & ASSOCIATES
3111 N. Front Street
Harrisburg, P A 17011
(717) 541-9979
ill No. 83801
Attorney for Plaintiffs
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Timothy J. Nieman, Esquire
Attorney No. 66024
RHOADS & SINON LLP
One South Market Square
P.O. Box 1146
Harrisburg, P A 17108
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
DONALD E. MOATS, JR.
ANN E. BILLET
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
CNIL ACTION LAW
NO. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX OF
CARLISLE
Defendant
ANSWER TO COUNTERCLAIM NEW MATTER
NOW COMES Defendant, Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of Carlisle
("Auto-Max"), and files this Answer to Counterclaim New Matter, stating as follows:
49. Auto-Max incorporates herein by reference Paragraphs 1 through 48 of its Answer,
New Matter and Counterclaim filed August 14,2002.
50. The allegations of this Paragraph are legal conclusions to which no response is
required. To the extent that a response is deemed appropriate, these allegations are denied.
51. The allegations of this Paragraph are legal conclusions to which no response is
required. To the extent that a response is deemed appropriate, these allegations are denied. As
explained in the Answer, New Matter and Counterclaim, Donald Moats had a contractual
responsibility to make payments to Auto-Max, which he failed to do.
443962,)
52. The allegations of this Paragraph are legal conclusions to which no response is
required. To the extent that a response is deemed appropriate, these allegations are denied.
53. The allegations of this Paragraph are legal conclusions to which no response is
required. To the extent that a response is deemed appropriate, these allegations are denied. As
explained in the Answer, New Matter and Counterclaim, Auto-Max was damaged by Donald
Moats' breach of contract.
WHEREFORE, Counterclaim Plaintiff Auto-Max respectfully requests that this Court
award it damages in an amount less than $30,000, interest and costs, including reasonable
attorneys' fees, along with any other relief that this Court deems appropriate.
By:
RHOADS & SINON LLP
T~a::0 -
Attorney No. 66024
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108
(717) 233-5731
..
Date: September 13, 2002
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
CERTIFICATE OF SERVICE
I hereby certify that on this 13th day of September, 2002, a true and correct copy of
the foregoing document was served by means of United States mail, first class, postage prepaid,
upon the following:
Kirsten M. Sweigard, Esquire
Thomas & Associates
3111 North Front Street
Harrisburg, P A 1711 0
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Timothy 1. Nieman, Esquire
Attorney No. 66024
RHOADS & SINON LLP
One South Market Square
P.O. Box 1146
Harrisburg, PAl 71 08
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
DONALD E. MOATS, JR.
ANN E. BILLET
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION LAW
NO. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE
SALES, 1Ne. d/b/a AUTO-MAX OF
CARLISLE
Defendant
ANSWER TO PARAGRAPHS 30 AND 31 OF PLAINTIFF'S COMPLAINT
NOW COMES Defendant, Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of
Carlisle, and files this Answer to Paragraphs 30 and 31 of Plaintiff's Complaint, stating as follows:
30. Defendant incorporates herein by reference Paragraphs 1 through 29 of its Answer,
New Matter and Counterclaim filed August 14,2002.
31. The allegations of this Paragraph are legal conclusions to which no response is
required. To the extent that a response is deemed appropriate, these allegations are denied. To the
contrary, and as more fully explained in Defendant's Answer, New Matter and Counterclaim,
Plaintiff Donald Moats breached the contract and Defendant enforced its rights thereunder.
Additionally, this claim is barred because there is a written contract between the parties.
443324,1
WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiffs' claims
and award it costs, including reasonable attorneys' fees, along with any other relief that this Court
deems appropriate.
Date: September 13, 2002
RHOADS & SINON LLP
By: Q~.1?-~"
T~eman
Attorney No. 66024
One South Market Square
P.O. Box 1146
Harrisburg, P A 171 08
(717) 233-5731
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
--~-_.__._.._-~,--,-.~._._._-"---,,-_._~--,_. ."
CERTWICATEOFSERVICE
I hereby certify that on this 13th day of September, 2002, a true and correct copy of
the foregoing docwnent was served by means of United States mail, first class, postage prepaid,
upon the following:
Kirsten M. Sweigard, Esquire
Thomas & Associates
3111 North Front Street
Harrisburg, PA 17110
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL :2 003 Xl9l
NO. 02-3381
DONALD E. MOATS, JR.,
And ANN E. BILLET,
Plaintiffs
KEYSTONE AUTO EXCHANGE
SALES INC., d/b/a
AUTO MAX OF CARLISLE,
-Defendant
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substantially in the following fonn:
PETITION FOR APPOINTMENT OF ARBlTRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Kirs tin Swei gard, Esq ui re ,counsel for the plaintiff/itdf~ in the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ 16,965 24Uill!.. attorney fees and
The counterclaim of the defendant in the action is Ie ss than $30.000.00
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
Kirstin Sweigard, Thomas & Associates; Tim Nieman, Rhoads &
Sinon
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
Resp~ctfu&uubrtt~d, .) ,/
~~I'f~JI1
Kirstin M. Sweigard, Esq.
ORDER OF COURT
AND NOW,
, 19_, in consideration of the
foregoing petition,
Esq., and
actions) as prayed for.
Esq.,
, Esq., are appointed arbitrators in the above captioned action (or
By the Court,
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DONALD E. MOATS, JR.,
And ANN E. BILLET,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 02-3381
CIVIL ~ Xl9C
KEYSTONE AUTO EXCHANGE
SALES INC., d/b/a
AUTO MAX OF CARLISLE,
-Defendant
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substantially in the following fonn:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Ki rs t in Sweigar d, Es qui re ,counsel for the plaintiff/iteflJr!llMl in the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ 16, 96 5 . 2 41!l.J.I.a. attorney fees and
The counterclaim of the defendant in the action is less than $30. SSS . 8e;,t'of.5;6l1)"Zl
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
Kirstin Sweigard, Thomas & Associates; Tim Nieman, Rhoads &
Sinon
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
R~~Pffr~edJ ;./
Kirstin M. Sweigard, Esq"
f1!J ,~), in consideration of the
E:;q., ~~~
, Esq., are appointed arbitrators in the above captioned action (or
Esq., and
actions) as prayed for.
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DONALD E. MOATS, JR.
ANN E. BILLET
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3381 CIVIL TERM
v.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX
OF CARLISLE
IN RE: ARBITRATION PANEL
ORDER OF COURT
AND NOW, September 25, 2003, the Court having been informed that
Stephen Fugett, Esquire, is unavailable for the above-captioned arbitration
hearing, Gregory Abeln, Esquire, is appointed in his stead.
By the Court,
George . Hoffer, P.J.
~ylor P. Andrews, Esquire
Chairman
Court Administrator
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
crz... -33.-g(
,
TERM
OATH
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the
United States and the Constitution of this Commonwealth the duties of
~ ~ oie with fidelity.
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~ ' g - , AWARD fJh'/.f> r: 4r~/1I.
We, the undersigned arbitrators, having been d pointed and sworn (or affirmed), make
the following award:
(Note: If damages for delay are awarded, they shall be separately stated.)
-.J0J;.A(~ + +C?r P!z(c/I-ft{f ~t<cJd ~ 1-1&?-h{.Jr-
QvL Oi~('1~1 J)~G.-(dq'-l-/ kt2YSfptAfC ~c> f;:j(Ck.cu'ff'
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:r~.e~-f- +;,<' P>!t:><o.l..f-JI- ';/ 4rf-1~f- {)e#2.d.<<~+-o.... &dtA 1C-?e:irW'l_ f d ~
, Arbitrator, dissents. (msert name if a ' "{ < '/ 4A... J3..I3.1 (L f{;1~"''c.~-f?
Date of Hearing: 12 -$...e;, .lJr; ",.(~....1
.;r. )It?f-7rs;>
Date of Award: IZ--~-&$
NOT~CE OF ENTRY OF A WARD f
Now, the 3 vtt day of .~ 9--L , 200?1 , at LJtJ ,_.M., the above award
was entered upon the docket and notice thereof giVe~,' y mail to the p~ or twir attorneys.
Artibitrators'compensation to be l-UA~j f\- oZuvL~
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fA,/' f (rtr'fCrr1k
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C~/7Jn{ ,Mel" - ;^divl~
7lLJ/6( ~5 - ,M-nhv-us 0;- ]u/111517)
.1l~tL~LJ',~ 12-~...03
Timothy J. Nieman, Esquire
Attorney No, 66024
Stephanie E. DiVittore, Esquire
Attorney No, 85906
RHOADS & SINON LLP
One South Market Square
P,O, Box 1146
Harrisburg, PA 17108
(717) 233-5731
Attorneys for Defendant
DONALD E. MOATS, JR. &
ANN E. BILLET
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
CIVIL ACTION LAW
NO. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX OF
CARLISLE
Defendant
NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS
To: Curt Long, Prothonotary
Cwnberland County Court of Common Pleas
I Courthouse Square
Carlisle, P A 17013-3387
Notice is given that Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of Carlisle appeals
from the award of the board of arbitrators entered in this case on December 3, 2003. I hereby
certify that the compensation of the arbitrators has been paid.
Respectfully submitted,
RHOADS & SINON LLP
By: S D I l-- [-jIvL.,,--
Timothy J. Nieman
Stephanie E. DiVittore
One South Market Square
P.O, Box 1146
Harrisburg, Pennsylvania 171 08-1146
(717) 233-5731
Attorneys for Defendant
485299.1
CERTIFICATE OF SERVICE
1 hereby certifY that on this 30th day of December, 2003, a true and correct copy of the
foregoing document was served by means of United States mail, first class, postage prepaid, upon
the following:
Kirsten M. Sweigard, Esquire
Thomas & Associates
3111 N. Front Street
Harrisburg, P A 17110-1310
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Timothy J. Nieman, Esquire
Attorney No, 66024
Stephanie E. DiVittore, Esquire
Attorney No, 85906
RHOADS & SINON LLP
One South Market Squate
P,O, Box 1146
Harrisburg, PA 17108
(717) 233-5731
Attorneys for Defendant
DONALD E. MOATS, JR. &
ANN E. BILLET
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION LAW
NO. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX OF
CARLISLE
Defendant
PRAECIPE FOR RULE TO FILE COMPLAINT
To: Curt Long, Prothonotary
Cumberland County Court of Common Pleas
I Courthouse Square
Carlisle, P A 17013-3387
Kindly issue a Rule upon Plaintiffs to file a Complaint within twenty (20) days or suffer a
judgment of non pros.
Respectfully submitted,
RHOADS & SINON LLP
By: ~ I.- l+h<-<-..
Timothy J. Nieman
Stephanie E. DiVittore
One South Market Square
P.O. Box 1146
Harrisburg, Pennsylvania 17108-1146
(717) 233-573 I
Attorneys for Defendant
431539.1
CERTIFICATE OF SERVICE
~
I hereby certify that on this ~ day of April, 2004, a true and correct copy of the
Praecipe for Rule to File Complaint was served by means of United States mail, first class,
postage prepaid, upon the following:
Kirsten M. Sweigard, Esquire
Thomas & Associates
3 I II N. Front Street
Harrisburg, P A 1711 0-131 0
SDt Iv 1-/h}7Z-
Timothy J. Nieman, Esquire
Attorney No, 66024
Stephanie E. DiVittore, Esquire
Attorney No, 85906
RHOADS & SINON LLP
One South Market Square
P,O, Box 1146
Harrisburg, P A 17108
(717)233-5731
Attorneys for Defendant
DONALD E. MOATS, JR. &
ANN E. BILLET
Plaintiffs
v.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX OF
CARLISLE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 02-3381 Civil Term
RULE TO FILE COMPLAINT
To: Donald E. Moats, Jr.
Ann E. Billet
c/o Kirsten M. Sweigard, Esquire
Thomas & Associates
3111 N. Front Street
Harrisburg, P A 17110-1310
You are hereby ruled to file a Complaint within twenty (20) days of receipt of this Rule or
suffer a judgment of non pros.
500152.1
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DONALD E. MOATS, JR.
and ANN E. BILLET,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO.: 02-3381 CIVIL TERM
KEYSTONE AUTO EXCHANGE
SALES INC., d/b/a AUTO-MAX
OF CARLISLE,
Defendant
CIVIL ACTION - LAW
BREACH OF CONTRACT
MOTION FOR EXTENSION OF TIME TO )f)LE COMPLAINT
AND NOW COMES, Plaintiffs, Donald E. Moats, Jr. and Ann E. Billet, by and through
their attorney, Kirstin M. Sweigard, Esquire, and move this Honorable Court to extend the time
for filing of Plaintiffs' Brief. In support thereof, Plaintiffs statt: as follows:
I. On December 3,2003, an arbitration hearing was held in the above referenced
case and a judgment was issued for Plaintiffs.
2. On December 30, 2003, Defendant filed a Notice of Appeal From Award of
Arbitrators with this Court.
3. A Rule to file a Complaint was issued on April 14,2004 directing Plaintiffs to file
a complaint in the above referenced matter.
4. The Rule expires on May 4, 2004 at which time Plaintiffs is required to file a
Complaint.
5. Defense counsel, Stephanie E. DiVittore, was contacted concerning this Motion
for Extension of Time and does not object to an extension to allow Plaintiffs to file the
Complaint.
WHEREFORE, based upon the foregoing, Plaintiffs respectfully request this Honorable
Court to grant his Motion for Extension of Time to file Complaint.
Respectfully submitted,
THOMAS & ASSOCIATES
Date: May 4, 2004
By:
f~Q ~ fA/. :iueifBd/tftl
Kirstin M. Sweigard, Esq.(/'
Attorney for Plaintiffs, Donald Moats, Jr.
and Ann E. Billet
CERTIFICATE OF SERVIC]~
I, hereby certify that on May 4, 2004, a true and correct (;opy of the foregoing Plaintiffs'
Motion for Extension of Time to File Complaint was served by means of facsimile and regular
United States mail, first class, postage paid, upon the following:
Stephanie E. Divitlore, Esquire
RHOADS & SINON LLP
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108
Date: JJJ~ 11 d-ffV~
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DONALD E. MOATS, JR.
and ANN E. BILLET,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 02-3381 CIVIL TERM
KEYSTONE AUTO EXCHANGE
SALES INC., d/b/a AUTO-MAX
OF CARLISLE,
Defendant
CIVIL ACTION - LAW
BREACH OF CONTRACT
"" ORDER
AND NOW, this u.:- day OfWz004, it is hereby ORDERED that Plaintiffs' Motion for
extension oftim~le com::U-~~NTED. Plaintiffs' Complaint shall be filed on or
b,f~ fu, 1-L <fuY"~ 2004.
BY THE COURT:
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DONALD E. MOATS, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION LAW
NO. 02-3381 Civil Tf:rm
v.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a! AUTO-MAX OF :
CARLISLE,
Defendant.
NOTICE
You have been sued in court. If you wish to defend against th,~ 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 other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland Connty Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
A VlSO
USTED HA smo DEMANDADO / A EN CORTE. Si usted desea defenderse de las demandas
que se presenten mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte
(20) dias despues de la notificacion de esta Demanda y A viso radicando comparecencia escrita y
radicando en la Corte porescrito sus defenses de, y objecciones a, las demandas presentadas acqui en
contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier
otra reclamacion 0 remedio solicitado par el demandante puede ser diictado en contra suya por la Corte sin
mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDlA T AMENTE SI
USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 V A Y A A LA
SIGUIENTE OFICINA PARA A VERlGUR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
DONALD E. MOATS, JR.
IN mE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION LAW
NO. 02-3381 Civil TE,rm
v.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a! AUTO-MAX OF :
CARLISLE,
Defendant.
AMENDED COMPLAINT
AND NOW comes Plaintiffs, Donald E. Moats, Jr. and Ann E. Billet, by and through their
attorney, Kirstin M. Sweigard, Esquire, and represents the following:
I. Plaintiff Donald E. Moats, Jr. is an adult individual residing at 1969 Roosevelt Avenue,
York, York County, Pennsylvania.
2. Plaintiff Ann E. Billet is an adult individual residing at 1969 Roosevelt Avenue, York,
York County, Pennsylvania.
3. Defendant Auto-Max of Carlisle is a Pennsylvania corporation with a place of business
located at 1110 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania.
4. Venue is proper in Cumberland County, as Defendanli has done business in Cumberland
County at all times relevant hereto in the form of sales and attempted sales of vehicles.
5. On or about December 29, 2001, Plaintiffs and Defendant entered into a written
agreement, hereinafter referred to as "contact," pursuant to which Plaintiffs purchased a
1999 Dodge Ram truck. A true and correct copy of the Contract is attached at Exhibit
"A,"
6. The agreed upon purchase price for the 1999 Dodge Ram truck was twenty-four thousand
nine hundred dollars ($24,900.00). See Exhibit "A."
7. As part of the Contract, Plaintiffs traded in a 1996 Dodge Ram truck, valued by
Defendant for the purpose of the transaction at eleven thousand dollars ($11,000.00).
8. Plaintiffs purchased, with cash, the 1996 Dodge Ram truck on October 10, 200 I for the
price of thirteen thousand five hundred four dollars and fifty cents ($13,504.50). See
Exhibit "B."
9. The balance to be financed, after the reduction for the trade in value, was sixteen
thousand four hundred eighty-six dollars ($16,486.00). See Exhibit "C."
10. In accordance with the terms of the Contract, Defendant agreed to repair damages to the
1999 Dodge Ram including but not limited to state inspection, touch up, front-end
alignment and repair damages to the rear passenger quarter panel.
II. Defendant arranged for financing for Plaintiffs through Triad Financial Corporation
located at 7711 Center Avenue, Suite 250, Huntington Beach, California.
12. At the time of execution of the contract, Plaintiffs provided to Auto-Max all necessary
documentation for the financing to be processed.
13, Plaintiffs were subsequently informed that the documentation provided on December 29,
200 I, the purchase date of the 1999 Dodge Ram, was misplaced.
14. Defendant Auto-Max of Carlisle informed Plaintiffs lhat the information they had
provided on December 29, 2001 had been misplaced and Defendant needed to provide
the information again.
IS. On or about January 21, 2002, Plaintiffs faxed all requested information to Defendant
Auto-Max of Carlisle.
16. On or about February 4, 2002, Plaintiffs again faxed all requested documentation to
Defendant Auto-Max of Carlisle.
17. On or about April 4, 2002, Defendant came to Plaimiffs residence to repossess the 1999
Dodge Ram truck.
18. While attempting to repossess the truck, significant damage was done to Plaintiffs black-
topped driveway.
19. The estimated cost to repair Plaintiffs' driveway is two thousand one hundred dollars
($2,100.00). See Exhibit "D."
20. At the time ofrepossession, the 1999 Dodge Ram truck had approximately twenty-five
dollars ($25.00) worth of gasoline in the truck.
21. Plaintiffs repeatedly contacted Defendant Auto-Max from their home phone and inquired
as to where to make payments on the 1999 Dodge Ram. See Exhibit "E."
22. Despite repeated requests, Plaintiffs were only told that they would receive either a
payment book or coupon in the mail from Triad Finandal Corporation.
23. Plaintiffs never received any payment book, coupon or any other information about
where to send payments.
24. Between December 29, 2001, and April 4, 2002, Plaintiff contacted Triad Financial
Corporation multiple times and learned that they had no record of the sale of the vehicle,
nor of any financing information related thereto.
25. Defendant sold the 1996 Dodge Ram, which Plaintiff traded in, for thirteen thousand nine
hundred dollars ($13,900.00).
Count I
BREACH OF CONTRACT
26. Paragraphs 1-25 are incorporated herein by reference.
27. The actions of Defendant as aforesaid are willful and constitute a material breach of the
Contract entered into between Plaintiffs and Defendant.
28. As a direct and proximate result of the actions of Defimdant as aforesaid, Plaintiff has
suffered and continues to suffer serious injury, including but not limited to loss of all
monies connected with the contract, as well as other damages incident to the breach of
this contract.
WHEREFORE, Plaintiffs demand that this Court enter judgment in their favor and
against Defendant, Keystone Auto Exchange d/b/a Auto-Max of Carlisle, in amount above the
jurisdictional arbitration limit, as this Court may deem fit, plus attorney's fees and court costs.
Count II
UNJUST ENRlCHME:NT
29. Paragraphs 1-25 are incorporated herein by reference.
30. As a result of the practices of Defendant Keystone Auto Exchange d/b/a Auto-Max of
Carlisle, as described above, Defendant Keystone Auto Exchange d/b/a Auto-Max of
Carlisle has been unjustly enriched including but not liimited to the 1996 Dodge Ram and
repairs made by Plaintiff on the 1999 Dodge Ram.
WHEREFORE, Plaintiffs demand that this Court enter judgment in their favor and
against Defendant, Keystone Auto Exchange d/b/a Auto-Max of Carlisle, in amount above the
jurisdictional arbitration limit, as this Court may deem fit, plus attorney's fees and court costs.
Countffi
FRAUDULENT MISREPRESENTATION
31. Paragraphs 1-25 are incorporated herein by reference.
32. Defendant allegedly secured financing from Triad Financial Corporation on behalf of the
Plaintiffs in order for them to purchase the 1999 Dodge Ram.
33. Triad Financial Corporation never received any infolmation from Defendant, never
released any money to Defendant, and never issued a payment book or coupon to
Plaintiff.
34. As a result, Defendant fraudulently misrepresented its ability to finance Plaintiff's
purchase of the 1999 Dodge Truck.
35. Plaintiffs justifiably relied upon the fraudulent misrl~presentation offacts put forth by
Defendant in regards to financing that was allegedly secured by the Defendant on behalf
of the Plaintiff. But for this fraudulent inducement, Plaintiffs would not have entered into
this contract.
WHEREFORE, Plaintiffs demand that this Court enter judgment in their favor and
against Defendant, Keystone Auto Exchange d/b/a Auto-Max of Carlisle, in amount above the
jurisdictional arbitration limit, as this Court may deem fit, plus attorney's fees and court costs.
Count IV
TRESPASS
36. Paragraphs 1-25 are incorporated herein by reference.
37. Defendant did willfully and knowingly enter the land of Plaintiffs in order to repossess
the 1999 Dodge Ram or, failing that, caused a third party in the form of a repossession
company to enter Plaintiffs' land.
38. As a result, Plaintiff's suffered damages to their property in excess of $2100.00.
WHEREFORE, Plaintiffs demand that this Court enter judgment in their favor and
against Defendant, Keystone Auto Exchange d/b/a Auto-Max of Carlisle, in amount above the
jurisdictional arbitration limit, as this Court may deem fit, plus attorney's fees and court costs.
Respectfully submitted,
Date: ~//f
,2004
~f);!l!!!~~litl~dl j
Kustm M. Sweigard, squi
THOMAS & ASSOCIATES
3111 North Front Street
Harrisburg, PA 17110
Attorney I.D.# 83801
Attorney for Plaintiffs
DONALD E. MOATS, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION LAW
NO. 02-3381 Civil Term
v.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a! AUTO-MAX OF
CARLISLE,
Defendant.
ATTORNEY VERIFICATION
I, KIRSTIN M. SWEIGARD, Esquire, verify that I am the attorney for Plaintiff, Donald
Moats, Jr, as designated in the present action, and that the facts and statements contained herein
are true and correct to the best of my knowledge. I understarrd that any false statements are
made subject to the penalties 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities.
Respectfully submitted,
THOMAS & ASSOCIATES
Date: C;j;K/OL{
cJ~'07~ A/~?~
Kirstin M. Sweigard, EsqUIre
31 I 1 N. Front Street
Harrisburg, PA 17110
(717) 541-9979
Attorney ferr Plaintiff
DONALD E. MOATS, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION LAW
NO. 02-3381 Civil Term
v.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a! AUTO-MAX OF
CARLISLE,
Defendant.
CERTIFICATE OF SERVICE
I hereby certify that that Foregoing Amended Complaint was deposited in the United States Mail,
first class, postage prepaid on May 18, 2004, addressed to the following:
Stephanie E. Divittore, Esquire
RHOADS & SINON, LLP
Twelfth Floor
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108
Date:
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Timothy J. Nieman. Esquire
Attorney No, 66024
Stephanie E. DiVittore, Esquire
Attorney \.D, No, 85906
RHOADS & SINON LLP
One South Market Square
p,O, Box 1\46
Harrisburg, P A 17108
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max ofCarhsle
DONALD E. MOATS, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION LAW
NO. 02-3381 Civil Term
v.
KEYSTONE AUTO EXCHANGE
SALES, INe. d/b/a AUTO-MAX OF
CARLISLE
Defendant
NOTICE TO PLEAI!
TO: Plaintiff Donald E. Moats, Jr.
c/ Kirsten M. Sweigard, Esquire
Thomas & Associates
3111 North Front Street
Harrisburg,PA 17110
You are hereby notified to file a written response to the enclosed Preliminary Objections to
Plaintiff's Amended Complaint within twenty (20) days from service hereof or a default judgment
may be entered against you.
RHOADS & SINON LLP
By: ~L-'.+hh--<
Timothy J. Nieman, Esquire
Stephanie E. DiVittore, Esquire
One South Market Square
P. O. Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
Timothy 1. Nieman, Esquire
Attorney No, 66024
Stephanie E. DiVittore, Esquire
Attorney I.D, No, 85906
RHOADS & SINON LLP
One South Market Square
P,O, Box 1146
Harrisburg. PA 17108
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
DONALD E. MOATS, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION LAW
NO. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX OF
CARLISLE
Defendant
PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT
NOW COMES Defendant, Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of Carlisle
and files these Preliminary Objections as follows:
1. Defendant Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of Carlisle
("Auto-Max") is a Pennsylvania corporation with a place of business located at I I 10 Harrisburg
Pike, Carlisle, Cumberland County, Pennsylvania. Auto-Max is engaged in the car sales
business.
2. By Contract dated December 29,2001, Plaintiff Donald Moats ("Moats") agreed
to purchase a vehicle, a 1999 Dodge Ram truck, from Auto-Max in exchange for the purchase
price of twenty-four thousand nine hundred dollars ($24,900) (A copy of the Contract is
attached hereto as Exhibit "A" and incorporated herein by reference).
520353.1
3. Under the express terms of the Contract, Moats was required to make sixty-six
monthly payments to Auto-Max in the amount of $394.78 per month beginning on January 28,
2002.
4. The Contract specified that Moats "agree[ s] to make all payments on or before
they are due without our having to ask." (Exhibit A).
5. The Contract defines "Default" to include the failure of the purchaser, here Moats,
to "make any payment on or before its due date" and authorizes repossession of the vehicle in the
event of default. (Exhibit A).
6. Moats materially breached the Contract, however, when he failed to make his
January, February or March payments. Moats never made any payments pursuant to the
Contract. As a result, Auto-Max enforced its rights under the Contract, and Central Penn
Recovery came to Moats' residence and repossessed the 1999 Dodge Ram truck.
7. Despite the fact that Moats failed to comply with the terms of the Contract, Moats
filed an Amended Complaint alleging Auto-Max breached the Contract. Moats has set forth
claims for breach of contract, unjust enrichment, fraudulent misrepresentation and trespass.
8. These Preliminary Objections are submitted on behalf of the Auto-Max, III
opposition to the Moats' Amended Complaint.
PRELIMINARY OBJECTION - LEGAL INSUFFICIENCY. DEMURRER
9. Defendants incorporate herein by reference Paragraphs 1 through 8 above.
10. Count I of the Complaint is based on Breach of Contract wherein Moats is
seeking damages for Auto-Max's alleged failure to perform pursuant to the parties' written
agreements.
-2-
II. In Counts III and IV of the Amended Complaint, however, Moats is attempting to
recover on the bases of fraudulent misrepresentation and trespass which constitute tort claims.
12. In Pennsylvania, tort claims are barred by the f:conomic loss doctrine where, as
here, Moats has suffered only economic losses that derive soldy from a contractual agreement
between the parties. Grode v. Mutual Fire. Marine & Inland Ins. Co., 154 Pa. Commw. 366,
369,623 A.2d 933, 934 (1993); Caudill Seed & Warehouse Co. v. Prophet 21. Inc., 123 F. Supp.
2d 826, 833 (E.D. Pa. 2000) (interpreting Pennsylvania law); Duquesne Light Co. v.
Westinghouse Elec. Com., 66 F.3d 604, 620-21 (3d Cir. 1995) (interpreting Pennsylvania law).
13. Accordingly, the tort claims contained in Counts III and IV of the Complaint must
be dismissed pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4).
WHEREFORE, Auto-Max respectfully request that this Honorable Court sustain the
Preliminary Objections and strike Counts III and IV of Plaintiffs Amended Complaint.
Respectfully submitted,
RHOADS & SINON LLP
By: "70 v I ffz;-LC-
Timothy J. Nieman, Esquire
Stephanie E. DiVittore, Esquire
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
- 3 -
Exhibit A
1
ALL COVERAGES
See Reverse Side Of Agreement For Details
oJlUCII '''IIU'.\'I:'uuu
ENCORE PERFORMANCE
Securing Yll'ur Future
ROAD AMERICA MOTOR CLUB INCLUDED
Provided To Customer Under Separate Agreement
1 (800) 843.1405
NEW VEHICLES
ENT 1239893
2
CHECK, ~ 0 .cIJBLE~uclible amount per visit)
~$100_St."~...... J 0 $50
_~X:''>->Zero deductible if repairs are performed at the issuillQ dealer,
.~),--.otherwise the standard deductible Villi apply.
CHECK TERM & MILEAGE SELECTED
Thla agreem.nttermln.... when the ....cted term {from date of SIlle) expjres, or when the co~ed
vehicle'. odometer exceeds the mllee:ge selected bolow, wtllchever occurs first.
3
036 MONTHS/45,OOO MILES
o 48 MONTHSI6O,OOO MILES X
o.,60.MQNfflSR5;llOO-MlLES,_ ,
(:~o MONTHSl100t000-Mll~~'.::;
"""'._,--.,,-~-..<..,.,.-,------
o 72 MONTHSI72,OOO MILES
o 72 MONTHS/100,OOO MILES
a OTHER
I
4 CUSTOMER INFORMATION/COVERED IlEHICLE'
,~M~W HOLDER'S NAME
(Last)
(First)
(Middle Initial)
E
DONALiD
ADDRESS
969 ROOSEVELT AVE
TELEPHONE
~?17l)764-9S52
t(\1tk
:3TATE
FA.
liP
17404
VEHICLE IDENTifiCATION NUMBER
IB7KF2J61XJ551268
~9EAR k:~E ~~DEL
ODOMETER i VEHICLE CLASS VEHICLE PURCHASE PRICE
41368 I '
UENHOLDER
RIAD FINANCIAL CORFORATION
APPLICATION DATE
2/28/01
I DATE OF SALE
~2/29/01
VEHICLE SALE PRICE
$
~DDRESS
711 CENTER AVE SUITE 250
5IH-INGTON BllAH .
,t
"
\,sr...'rE
CA .
ZIP
92647
JEHICLE DEALERfLESSOR NAME
JTO-MAX OF CARLISLE
~DDRESS
110 HARRISBURG PIKE
'IlY
IRLISLE
STATE
liP
17Q13
PA
I
ODOMETER MILES
100000
EXPIRATION DATE
12nti~r"'on~.d"')
ODOMETER EXPIRATION MILEAGE
141368
MONTHS
OR
.0
PLAN TERM {WHICHEVER OCCURS'FlRS1l
r;: . CHECK ADDITIONAL-COVERED ITEMS SELECTED ( ITEMS MUST BE PURCII48Sl.IIJlJlME OF SALE)
""-(/) DIESEL a SUPERlTURBOC:HARGER ' a ONE-TON 'VEHICLES,
~ 4X4 FOUR.WHEEL DRIVE 1.2/2!i?tlHlJR- WHEELS;TEERING a BUSINES!l USE., '
I hereby declare that the above information is correct and acknOWledge
eceipt-of CustOmer Guid&andSIate Guidelines by-my signature-belOw.
OFFICIAL USE
I ~ERVlCE AGREEMENT PRICE
,lhlloontractholder,applykl,Ih8~,SeiIlrlgOlil*"for"'&llIIIlded-alPiCe~.~lIVU.ICl1bud..."....lwiII.bellllllilllldlfmy~"".J.;.;.....;....~...tIS~.ThJConnc:t
1lIlbebeiweenmeancl~EAdniinIstnItiw_SeMDes:1nc, MY,I!gnIlurii~ttlatll1aVt>~ar.,1UntlltrStand\hll~,ilnd~,~BsStlqwnIliiNe:,n1I.lhe~,exdusloRs.
U'ldlhel'llljulifldvehia&-mill~Orilh8rMrseRN. IIIso~thl!ItennSandmv'.~~to~'"'serviCtiS~,"F..-.t~'andaoree...tIi8li1billliesof
he Selling D88leron any ,lrtandtd 8tl'\'lot agllltl'nenllssued UI'Ider\hls Contrad}lIaybe ~ to NaIIonBl_'oVarrant)' ,Insurance Compeny RAG and 1M duIIIs of the SelIng DeaIef on 8/Tf extended
ervic8~lssuedls,~nod~thaContractor,SC&eAdn*1iSb'l1Mi:~'Ir'Ic.'l''';:_;':';: ;,-~. ':f:>__l.._?~~',_, ",...-~ I~'"
:./ 4. '''"'>', -.:.<:}~,,-~:}er~;~{'{J.\>::':-';:_~;',;:.:_;,;:.;J.',,(..\ 'r
:USTOMEJlSlGNATUFlE ""_',__, ,.- , . /.~/, ,",' ~" ".-,__ '," ,~,E __ _"''-''',,', ..ow.e, Fl _ SENTATl ~-
~'.. ~ ,', ~, ,-.,' "",-" '" -, ,", - . . ".. ' '
'NO TERM AND MIl..EAGE HAS BeEN INDICATED IN SECTION 3, WlLLBEr1~.6lfl !t~SNt5.OllOMIl:E6,_WHICHEVERF1RST OCCUAS.AS100.00 0E0UCTIIl.J: WI.l.APPLY_ fW'(
IODIFlCAllON. ALTE~. ORCHANGE TO THE PAEPRlNTEDTSlMSAN:l CONOlTIONS OFniiS~ SE~AGREB.ENT AFIE lNVAUOANOOFNO FORCE OA EfFECT. CONsEQUENTIAL
AMAGES ARE OOT COVEReD BY THIS EXll:NOEO SERVICE AGREEUENt THIS AGReEMENT IS NOT AN ~E POlICY. IT IS AN EXTa<<)E[l SER\IU AGREEMENT BElWEEN YOU AND THE
ONTRACTOR OBLIGOR AU. alUGATIONS AND UABILlTlES FOR REPAIRS COVERED BY TlUS EXTENDeD SERVICE AGREEMENT ARE THOSE OF THE cam:tACTOR OBlIOOA.
'RV'CE OFFICE AUTHORIZATION IS REQUIRED PRIOR TO THE COMMENCEMENT OF ALL REPAIRS
tA.RT CHOICE
:~~~S~E 68510 Claims Toll Free .1 (800) 334.8358
A.DMINISTRATOR COPY/TOP WHITE
wilhGoklfnk
~HIP COPYICANARY
Roadside Assistance.l (800) 843.1405
UENHOlDER COPYfPlNK CUSTOMER COPYI BACK WHITl:..
with CUD:lnw GUde (bad!. page)
this extendedservice agreement, the selling deaIe, make nece9sary-rep8irSto O:lVered components Inell. _ (IUICS m conjunction wun a covereo repair
Replacement of any part may be made with new parts,r9-manufaaured parts, or wilt! parts 01 KIte kind and qualIty at the lime 01 bceaki:16wn by Ihe
authorization 01 the administrators.
,
ENCORE COVERAGE
This coverage supplements the new vehicle warranty provided by the manufacturer to the original owner of the covered
vehicle. After the expiration of the new vehicle warranty and before the expiration of this extended service agreement, the
selling dealer wilt, upon paymenl of the deductible amount per visit selected on the front of this extended service agreement,
make any Ilecessary repairs to your vehicle, except for terms listed under "WHAT IS NOT COVERED".
ADDITIONAL EIENEFITS
rinn Assistance: If towing becOmes 'n~ary due 10 breakdoWn of a COVE!redcomponent, towing costs not payable by insurance will be covered up
00 per occurrence. You must call Road America, prior to receiving towlng'assistance, at 1-800-843-1405. -
stltu1e Transportation Reimbursement: In the eventofa mechanical breakoolin ofacovered part, you will be reimbursed for actual expenses incurred f
;titute transportation up to the maximum dally rate of $35 per day, a 5 day maxh'hum, not tosxt:eed$115.QO per occurrence. To qualify for the first day's
bursement, the ("Overed vehicle must be retained by the repairing facility oVernj~lht or the covered repair must exceed a minimum of tour {4} hours labor, a~
led in the current year's manufacturer's or othei' accredited flat rate repair manuals. For parts delay or components failure inspection a perday allowance '-A
lade as determined by adminls1rator.The substitute:vehielemusl be rented from a licensed rental agency. Reimbursement of substitute transportation sha!
:ontinue beyond the day on which repairs are completed and the customer is notified of completion. Receipts are required for reimbursement.
available in Hawaii)
Interruption Reimbursement: Woen a.CQvered breakdown disables a covered vehiele and the covered repairs areCtlmpleted more' than 100 mUes away
the contr-acl holder's hometownrwe.wjll reimburse tt'lecontract---holder'for lodging and-meal expenses incurred-by the-contraot.-holder between~medateof
kdOWli ahcffhe daleoii'whiCh thecovEii'Eid repalrs'afe.cotiipleteo.--You"WiJrfle fl~IM5UrillKl"fOr~aCtual expeii~s~-(jpto$75:00 'pefliAy,no\ttfexceed'a 3-diil
imum 01 $225.00. Trip Interruption Reimbursement is not available in Calltotnia and Hawll.il.
inen Use eligibility
F/inlbM NRw _VehirJR,f1- ,Passenger cars, TtlJCks and Vans up to and including 1 ton, vehicles used for: roule sales and/or route service, inspections andior
ninations, maintenance .6rritpair purposes, construction, gardening and lawn care, carrying tools'to a job site, farming amHanching_PayloacHmdlor towing lim
o exceed the manufacturer's specifications 01 the eligible vehicle covered under Ihe vehicle service agreement.
fnBliniblB VehiclfJs- All used vehicles, multiple-driver vehicles, and any vehicle used far: hauling; hauling for hire; delivery. shuttle, taxi .or limousine serviet
e or other taw enforcement sltfViCE!S; emt;l!gency services; security serviC9s; snow plowing; cable or line installation or removal; .or any rental vehicle_. Vehicles'
:lped with 1\at beds, dump bedS, cOmmetbial towing equipment, lifting .or hoisting equipment are ineligible. Step vans, high cube vans a(ld box bodlescare
~jbfe. Vehicles used for payloads and/or towing in excess of the manufacturer's specifications are ineligible.
Ite Contract GUllrantee
Customer may purchase another vehicle service agreement prior to the expiration .of their current agreement provided that:
1e vehicle is not used lor business use.
t the time the future agreement is requested, the vehicle qualifies under our current underwriting guidelines.
1e purchase is made aUeast 30 days and 1500.mifes:prior to the expiration of the current agreement. J
Slrifiable service records are provided showing compliance of scheduled maintenance.
1e vehicle is made available to the issuing dealer for an inSpection prior to the issuance of the future agreement.
WHAT IS NOT COVERED,
ihis exlended service agreement will cover o~y_th.o~e items IncludE!d under Encore Coverage, and dOA!': not r:oVAr the loil.owing:
Existing Conditions and Incidental or consequential damage or loss caused by breakdown of components (or otherwise) including
)erty,damage~ personal inlury, inconvenience, loss of vehicle use, and commercial loss. Punitive damages are also 8XlJf8SSly ,
!uded, Repairs covered by the original manufacturer's warranty. whll,ther or not transferred with- ,thevehlcle,!8r8 nGI'covered
mercial and business use is excluded and wtlf void coverage under this extended service agreement, unless the vehicle qualifies under the Suslne.. U.. Eligibility
e. Repairs required because of collision, abuse, overheating, .or operation without proper lubrication or coolant, road conditions, misuse, negligence, alterations. racing,
lents, fires, floods, riots, acts of God, vandatism, upset, theil, lack of reasonable and proper maintenance, abuse through towi'IQ;or .impr.oper toad:cllpacity, snow'piowin.
e Ihrough continUed operation.of an Impaired vehicle,.or any other losses normally covered by casualty insurance ArA nnt r.t>V9Md Also not r.ovAI"Ait are repairs beyorli
~ required t.o correct the cove:red failure. Also not r.oVArAd are exce~si~e .o1[COl'!Sumption,l~ss?f compr~ion, and/or gradualreducti.o.rl inoperatl,ng,per,formar:!Ce-dj.
:Iure of a covered parl.or parts as a result of n.ormal wear and tear. ,RepailS of componants which have been modified or added to the vehicle aft&r purchase, any
rs on vehicles whose mileage ,has been altered or whose odometer has been tampered with ;UP. not COVArAd. Navigatl.on systems.li!e.QQ1 ~ The total .otall
irs covered under this extended service agreemenl shall not exceed the then current NADA wholesale value .of your vehiole Immediately priar to Ihe breakdown of thl
red component(s). Re~r5 made OlJtside the United States & Canada Rill nol CllV9recl~
18nlcal - Service adjustments/cleaning, carburetor, throttle body assembly, contaminatGd fuel system, air condltioning rechatQ8; iefrig~t..:tdolltf1iibatifry~bittleri'
lS, belts, hoses, brakes (front hubs, drums, shoes, lining, disc rotors and pads), exhaust sYSlelTl(includlng catalytic converter), fillers, lights (bulbs; sealed' beam' and f
3S) AM not mVArArt. lJJbricants, manual clutch disc, stnJI inserts, shock abso~rs, SP,lTk/g1ow plugs and wires, squeaks and rallies, llres, tune-ups, wheal balancing, :
II alignment, whee! studs, wiper blades, shop supplies, hazardous waste removal ma..r'fo! r:nvAIlld RepaIrs, retrolft, or replacement of any components causEK1 by ~,r dl
mpliance with any law or legislation !nchxting the 1990 Clean Air Act Rill nol covered ~.~l-', ,
rlar - Service adjuslments (glass and body parts), bright metal, bumpers, body panels, door handles, hinges, glass, moldings, outside ornamentation, convertible .or vin'
painl, lUSt, sheet metal,sldeview mirrars (glass Qnd housing), air and water leaks, weatherstrip, wheel covers/ornaments and wind noise !'IrA nnl rmvArM. Physical'
:lge, alignment of bumper and body parts Are not CllVflrsd
lor _ Buttons, carpet, dash pad, door and window handles, knobs, rearview mirror (gllli;S and housing), trim, and upholstery RrA nol coV9red , N.on-Iactory Installed radit
players, compact disc players, graphic equaUzers, and speakers ArB nnl r:ovAl'fld Cellular telepho~~, ~ejtt; deterr,~,~t... systems, and r~dar delectors ArAnnt mVfll'fld
"""'"*.....
fTENANCE RESPONSIBILITIES; Failure to perfarm the manufacturer'S recommend811 maintenance wilt result in Ioss.of your protection under this extended service
Elmenl Mainlenance records from me date of delivery of the vehicle from selling Dealer, supported by receipts Indicating dates, mUeage and services performed must ~
by lhe purchaser.or subsequent owner.of this extended service agreement and made available to the admiqi.~t~~;9,n:f'85:IUest.
:-(;::I~;
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CONTRACTOR'S;OBLtGATION'TO: P.EAEOBM UNDER THIS AGRiEMENT. ISJNSUREiD"SYiNATlONAl WARRANTY INSURANCE COMPANY'(RRG)' AND;
.,SURED BY SIGNET STASflEJ~$~'COMPANY. IF THE~ml,~.o,EAl,..I;.~_ fAlLAIQ;PAY A YAlIO CLAIM WlJHIN Sp{TX,(~l,~Y~~(THIA1;Y (30)
S IN THE STATE,OF WA$HINGtOOI;A~ER YOU HAVE ALEIf;(~ROOF oF tOSS'COvERED'BY 1MIS' EXTENDED SERVice AGR.EEMENT,''THEN yOu
''-MAIaP:A:.tUA&c:t';C1AlM.A<<AINS1,;NAlJONAt2WAaRA:riTy,:1~&URANCE~(RJ;tG:li7.4()7.,:'Q~-St.;tINGOLN, NE6851G: '''. - .
1~; :,,::: ; ;,-; J'O:::~': r -: .'"'' . I:',
~-":CI!STOAft;R',,!OT'(J~_:' ,'SEEB~CIf;PA~E'O_Fc:(tSTOME,,_GlI1D(:,o~DEtAIl;S. OF YOUR ST~TE'S/!!PEqI~L 'PfOTlCES _
ANDPROttiCTlOtvs,IIE~A"OIikiri>!J;;q~;"MlQ~~T$JiJ/QililiiipWDIiR"IHfS VEHJCu! SEIlIl/CE AQRJ!EMENr. '
" ".:'i.,~,~.,.':,c"~"";_!'<'~;"'~""":') ',',' ,.".-s_ ',':co..:;
INSURED AND SERVICED BY
NATIONAL WARRANTY INSURANCE COMPANY, RRG
.7401~O", STREET; UNCOLN, NE 6lISl0
1 (~llll) ~4'835ll
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CUSTOMER GUIDE
WHAT TO DO IF REPAIRS ARE NEEDED
" YOUR VEHICLE IS WITHIN FORTY (40) MILES of the selling dealer, and the selling dealer has a
pair facility, you must deliver your vehicle to the selling dealer at the address shown on the front of
is extended service agreement. 11 your vehicle is in,operable and needs to be towed, call Road
merlca at1 (800) 843-1405. Have your membership number (located at the upper left on the front
1ge of this vehicle service agreement) ready before you call Road America.
YOUR VEHICLE IS MORE THAN FORTY (40) MILI:::S from the selling dealer, call 1 (800) 334-
158 (Nationai Warranty Insurance) for instructions before you deliver your vehicle to a repairing facility.
your vehicle is inoperable and needs to be towed, call Road America at 1 (800) 843-1405 iI!mI you
lve obtained the name and address of the nearest authorized repair facility from National
"arranty. Determine your location and have your membership number (iocated at the upper left on the
mt page of this vehicle service agreement) ready before you call Road America.
JR TOWING ASSISTANCE AND COVERAGE you must call Road America at 1 (800) 843-1405.
towing becomes necessary due to breakdown of a covered component. towing costs not payable by
surance will be covered up to $50.00 per occurrence by Road America.
) ASSURE COVERAGE under the terms of this exte,nded service agreement. authorization must be
)tained Drior to teardown or reDair. The repair facility must call the toll free number for National
"arranty Insurance Company at 1 (800) 334-8358.
::;ANCELLATION; In the event the covered vehicle is reposllessed. declared a total loss. or you give notice of
:ancellatlon, this extended service agreement shall termlnllte. Submit immediately to the selling dealer in writing the
'allowing: the extended service agreement number, vehicle identification number, mileage, make and model of the
fehicle. If cancelled within thirty (30) days and no claims have IJeen paid, the amount of the refund shall be equal to the
un amount paid for this agreement. Otherwise in determining the amount of any refund, the purchase price of the
~xtended service agreement shall be multiplied by the greater ()f (A) the portion obtained by dividing the total mileage
Jsed from date of sale of the covered vehicle by the maximum number of miles covered under this extended service
19reement or (8) the traction obtained by dividing the number ot months this extended service agreement has been in
oree from the date ot purchase by the number of months covered under this extended service agreement. The
jifference between the number so obtained and the price of thl~ extended service agreement, less a refund fee (as
jetermined below), shall be refunded to you and/or the lienholder. In the event of repossession or total loss the
ienholder will be the sole payee. Refer to state notices on the back of this page for speclfice state guidelines.
:ANCELLATION FEE: The cancellation tee is $25.00, except in Georgia where the customary "short rate" wilt be utilized to
igure cancellations; and in New Hampshire there is no cancellation fee.
=::1
rRANSFER OF VEHICLE SERVICE AGREEMENT: In the event you sell the covered vehicle, this extended service
Igreement shall terminate. You m(lY apply for a transfer fe, the new owner. You must submit immediately (within
ifleen (15) days of the change in ownership) to the selling dealer in writing, along with the transfer fee of $50, the
allowing: the extended service agreement number, vehicle iduntificatian number, mileage, make and model of the
lehicle, date of sale of the vehicle, and the name and address of both yourself and the new owner of the covered
'ehicle. This extended service agreement may not be assigned separately from the covered vehicle, nor can it be
Issigned to a new or used car dealership or anyone other than an individual person purchasing your car. Copies of
naintenance records must be obtained from the original owner by the new owner of the covered vehicle. Note; Many
nanufacturers require notice of transfer and payment of a fee 10 effect a transfer of the manufacturer's warranty with the
/ehicle. To ensure coverage under the original !11anufacturer's warranty and under this agreement, contact the selling
tealer or an Authorized Dealer who is franchised by the manu'facturer of your vehicle to assure transfer of the
nanufacturer's warranty. In the event this extended agreement is properly transferred to 'an individual person purchasing
'our vehicle in accordance with the terms and conditions above, this agreement may not be transferred by the new
lwner of the covered vehicle to any subsequent owner under :any circumstance. Transfer fees are not permitted in the
;tat6 of New Hampshire.
MPORTANT: See .State Guidelines regarding your rights, privileges, and conditions governing
his vehicle service agreement In your state.
ENT NO 11/
STATE GUIDELINES
customerinilials
IOU purchased this service agreement in any of the following states, the agreement is amended as indicated below. T:-'e
ministrator of this vehicle service agreement makes diligent effort to include all state notices as they become effective. but i!~
sas where a state's notice is not present on this printing of the agreement, state law will take precedence over the terms of this
hiele service agreement.
kansas- Notice to Purchaser: The purchase of this vehicle service contract is not required in order to purchase or obtairl
aneing for a motor vehicle.
IUfemia: If the extended service agreement is canceled within !5ixty (60) days of your receipt of this agreement (the Initial
Iriad) and no claims have been made under the agreement, the amount of the refund shall be equal to the full amount paid
this agreement. After the Initial Period, or if a claim has been mads under this agreement, the amount 01 the refund shal!
a pro rata share of the selling price of the agreement as calculated under "Cancellations" above (preceding page). Trip
srruption Reimbursement is not available in California.
!orgia: If you bought this in Georgia and desire to cancel this agre,~ment. you must a} mail this agreement to obligor along with
tarizsd affidavit that state the mileage on your vehicle at the date of your request. If this agreement was financed, obligor will
y refund to lender unless you provide with proof that the loan ha!:: been paid; b) if you make your request in the first 30 days.
wHl refund the entire price of this agr~ement. After the first 30 days, we wilt keep a pro-rata portion of the price based all the
,e expired on this agreement as compared to the agreement term. Also, cancellation fees are not permissible. The maximUlll
enlion of unearned consideration cannot exceed the customary sl10rt rale; c) lhe obligor cannot Cdncel this agreement except
fraud, material misrepresentation, or failure to pay premium. AnJ' cancellation will corn pi,' wittl OCGA section 33-24-44:
if obligor fails to pay any refund within 60 days after written request 10r cancellation, you may make a direct written claim Ie the
urer; e) the transfer and cancellation provisions are amended to allow the transferee the same cancellation rights provided to
~ original holder of the contract.
lho-Notice to purchaser: The coverage you are buying is not ro3quired to register or finance a vehicle. Coverage afforded
jer this motor vehicle service contract is not guaranteed by the Idaho Insurance Guarantee Association.
va: Pursuant to the Iowa Molar Vehicle Service Contract Acts, you may afso contact the Iowa Insurance Commissioner at the
owing: address: Iowa Insurance Department, 6th Floor, Lucas State Office Building, Des Moines, Iowa 50319.
ssachusetts- Notice to purchaser: The coverage you are buyinlJ is not required in order to register or finance a vehicle. The
lefits provided may duplicate express manufacturer's or seller's warranties that corne automatically with every sale. Yeu can
required by the seller of this coverage to pursue those warranties which are available to you without this contracf
ll"lesota-Mlnnesote. Amendment: Minnesota statute 325F.662 I'equires that every used motor vehicle sold by a dealer is
'ered by an express warranty which the dealer shall provide the consumer. At a minimum, the express warranty applies for the.
owing terms: (1) If the motor vehicle has less than 36,000 miles, the warranty must remain in effect for at least 60 days or 2,500
e5, which ever comes first; (2) if the used motor vehicle has 36,000 miles or more, but less than 75,000 miles, the warranty
51 remain in effect for at least 30 days or 1,000 miles, wi1icllevE~r comes first. Covered parts lisied on this (;ontract may be
'ered by the required express warranty and are covered by this sE~rvice contract oniy after expiration of the express warranty.
The warranty coverages listed below are provided to you by dealer for no charge as required by Minnesota statute
iF.662. ~: Lubricated parts, intake manifolds, engine block, cylinder heads. rotary engine, housings, ring gear.
nsmission: case, internal parts, torque converter; or, the manual. transmission case, and the internal parts. Drive Axle: axle
Jsings and internal parts, axle shafts, drive and output shafts, universal joints; but excluding the secondary drive axle on
licles, other than passenger vans, mounted on a truck chassis. .6:~: master cylinder, vacuum assist booster, wheel
nders, hydraulic lines and fittings, disc brakes calipers. ~: gear housing and all internal parts, power steering pump,
Ie body, piston, and rack. Water pump; externally mounted mec~lanical fuel pump: radiator: alternator, generator and starter.
:e: the following paris are covered only on vehicles with less than 36,000 miles: steering rack; radiator; alternator; generator
j starter.
The above coverages are excluded from this vehicle service contract during the 2 month (60 days), 2,500 mile and the i
nth (30 days), 1,000 mile limited warranty periods, unless the de;3ler becomes financially unable to meet his obligations. YOU!
Its and obligations are fully explained in the dealer issued used vehicle limited warranty document.
'" Hampshire: We will give you at least 45 days notice of cancellation. We wi!! not charge any transfer or cancellation fees.
1h Carolina: The purchase of this vehicle service contract is not required in order to purchase or obtain financing for a motor
ic1e. .
ahoma- Notice to purchaser: This service warranty is not issuE~d by the manufacturer or wholesale company marketing the
juct. This warranty will not be honored by such manufacturer or wholesale company.
Jde Island: In the event of a disputed claim, vehicle service agreement holder may contact National Warranty Insurance
npany, RRG, Claims Service Office, 7407 "0" Street. Lincoln, NE 68510 1-800-334.8358.
h: Coverage afforded under this contract is not guaranteed by the Utah Property and Casualty Guaranty Association.
~lnl..Notlce to Dealer: Dealers are not permitted to sell vehicle service contracts on leased vehicles pursuant to the
visions of administrative letters 1982-10 and 1982-16.
shington: If you make a direct claim against the insurance company, include a copy of your extended serve agreement and
r paid repair order. The implied warranty of merchantability on the motor vehicle is NOT waived if the contract has been
:::hased within ninety (90) days of the purchase date of the motor vehicle from a provider who also sold the motor vehicle
ered by this contract. Obligor's promise in this agreement are guaranteed under insurance policy number MWC 569, issued
National Warranty Insurance Company, RRG 7407 "0" Street, Lincoln, NE 68510 1-800-334-8358.
leonsin: The service contract is only subject to limited regulations by the office of the Commissioner of Insurance. ThIS contract
I. within 15 days of its delivery, be rejected and returned by the contract purchaser for a full refund less actual costs or charges
ded to issue and service the contract.
ENTI.J06'99
CERTIFICATE OF SERVICI~
I hereby certify that on this 4th day of June, 2004 a true and correct copy of the foregoing
document was served by means of United States mail, fIrst class, postage prepaid, upon the
following:
Kirsten M. Sweigard, Esquire
Thomas & Associates
3111 North Front Street
Harrisburg, P A 1711 0
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DONALD E. MOATS, JR.
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION ]LA W
: NO. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE:
SALES, INC. d/b/a/ AUTO-MAX
OF CARLISLE,
Defendant.
TO: KEYSTONE AUTO EXCHANGE SALES, INe. ~b/a AUTO-MAX OF
CARLISLE
IMPORTANT NOTICE
DA TE OF NOTICE: June 10, 2004
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALL Y OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DA YS FROM THE DA TE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED
AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
PAPER TO A LA WYER A T ONCE. IF YOU DO NOT HA VE A LAWYER OR
CANNOT AFFORD ONE, GO OR TELEPHONE THE FOLLOWING OFFICE TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717)249-3166
Date: June 10, 2004
By: 1i14~ 1.. ~ f ~4.s:
Kirstin M. Sweigard
THOMAS & ASSOCIATES
ID No. 83801
3111 N. Front Street
HarriSburg, P A 17110
(717) 541-9979
Attorneys for Plaintiff
CERTIFICATE OF SERV,!g;
I hereby certiJy that on this 10th day of June, 2004, a true and correct copy of the
foregoing "Important Notice" was served by means of United States mail, first class, certified,
return receipt requested, postage prepaid, and United States mail, first class, postage prepaid,
upon the following:
Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of Carlisle
1110 Harrisburg Pike
Carlisle, PAl 7013
Stephanie E. Divittore, Esquire
RHOADS & SINON, LLP
Twelfth Floor
One South Market Square
P.O. Box 1146
Harrisburg, P A 17108
By: . '114,~t;fl(jll vt}f~?cJ/cfk
Kirstin M. Sweigard
THOMAS & ASSOCIATES
IDNo. :83801
3111 N. Front Street
Harrisburg, P A 17110
(717) 541-9979
Attorneys for Plaintiff
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plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 02-3381 Civil Term
DONALD E. MOATS, JR.
v.
KEYSTONE AUTO EXCHANGE
SALES,INC. d/b/a! AUTO-MAX OF :
CARLISLE,
Defendant.
You have been sued in court. If you wish to defend against t!lt: 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 other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you"
NOTICE
you SHOULD TAKE THIS PAPER TO YOUR LAwYER AT ONCE. IF YOU DO NOT
HA VB A LAwYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOu CAN GET LEGAL HELP.
cumbertand County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717)249-3166
USTED HA SlDO DEMANDADO / A EN CORTE. Si usted desea defenderse de las demandas
que se presenten mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte
(20) dias despues de la notificacion de esta Demanda Y A viso radicando comparecencia escrita y
radicando en la Corte porescrito sus defenses de, y objecciones a, las demandas presentadas acqui en
contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamac\a en la demanda 0 cualquier
otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDlATAMENTE SI
USTED NO TlENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 V A Y A A LA
SIGUIENTE OFICINA pARA A VERlGUR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL
Cumberland County Bar Association
2 Liberty Avenue
Carlisle. PA 17013
(717)249-3166
A VISO
plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 02-3381 Civil Term
DONALD E. MOATS, JR.
v.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a! AUTO-MAX OF :
CARLISLE,
Defendant.
AND NOW comes plaintiffs, Donald E. Moats, Jr. and Ann E. BiJlet, by and through their
SECOND AMENDED COMPLAINT
attorney, Kirstin M. Sweigard, Esquire, and represents the following:
1. Plaintiff Donald E. Moats, Jr. is an adult individual residing at 1969 Roosevelt Avenue,
York, York County, Pennsylvania.
2. Plaintiff Ann E. BiJlet is an adult individual residing at 1969 Roosevelt Avenue, York,
York County, Pennsylvania.
3. Defendant Auto-Max of Carlisle is a Pennsylvania corporation with a place of business
located at 1110 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania.
4. Venue is proper in Cumberland County, as Defendant has done business in Cumberland
County aull times relevant hereto in the form of sales and attempted sales of vehicles.
5. On or about December 29,2001, Plaintiffs and Defi~ndant entered into a written
agreement, hereinafter referred to as "contact," pursuant to which Plaintiffs purchased a
1999 Dodge Ram truck. A true and correct copy of the Contract is attached at Exhibit
"A."
6. The agreed upon purchase price for the 1999 Dodge Ram truck was twenty-four thousand
nine hundred dollars ($24,900.00). See Exhibit "A."
7. As part of the Contract, Plaintiffs traded in a 1996 Dodge Ram truck, valued by
Defendant for the purpose of the transaction at eleven thousand dollars ($11,000.00).
8. Plaintiffs purchased, with cash, the 1996 Dodge Ram tru<:k on October 10,2001 for the
price of thirteen thousand five hundred four dollars and fifty cents ($13,504.50). See
Exhibit "B."
9. The balance to be financed, after the reduction for the trade in value, was sixteen
thousand four hundred eighty-six dollars ($16,486.00). See Exhibit "C."
10. In accordance with the tenus of the Contract, Defendant agreed to repair damages to the
1999 Dodge Ram including but not limited to state inspection, touch up, front-end
alignment and repair damages to the rear passenger quarter panel.
II. Defendant arranged for financing for plaintiffs through Triad Financial Corporation
located at 77\1 Center Avenue, Suite 250, Huntington Beach, California.
12. At the time of execution of the contract, plaintiffs provided to Auto-Max all necessary
documentation for the financing to be processed.
13. Plaintiffs were subsequently infonued that the documentation provided on December 29,
200 I, the purchase date of the 1999 Dodge Ram, was misplaced.
14. Defendant Auto-Max of Carlisle infonued Plaintiffs that the information they had
provided on December 29, 200 I had been misplaced and Defendant needed to provide
the information again.
IS. On or about January 21, 2002, plaintiffs faxed all r,equested information to Defendant
Auto-Max of Carlisle.
16. On or about February 4, 2002, Plaintiffs again faxed all requested documentation to
Defendant Auto-Max of Carlisle.
17. On or about April 4, 2002, Defendant came to Plaintiffs residence to repossess the 1999
Dodge Ram truck.
18. While attempting to repossess the truck, significant damage was done to Plaintiffs black-
topped driveway.
19. The estimated cost to repair Plaintiffs' driveway is two thousand one hundred dollars
($2,100.00). See Exhibit "D."
20. At the time of repossession, the 1999 Dodge Ram truck had approximately twenty-five
dollars ($25.00) worth of gasoline in the truck.
21. Plaintiffs repeatedly contacted Defendant Auto-Max from their home phone and inquired
as to where to make payments on the 1999 Dodge Ram. See Exhibit "E."
22. Despite repeated requests, Plaintiffs were only told that they would receive either a
payment book or coupon in the mail from Triad Financial Corporation.
23. Plaintiffs never received any payment book, coupon or any other information about
where to send payments.
24. Between December 29,2001, and April 4, 2002, Plaintiff contacted Triad Financial
Corporation multiple times and learned that they had no record of the sale of the vehicle,
nor of any financing information related thereto.
25. Defendant sold the 1996 Dodge Ram, which Plaintiff traded in, for thirteen thousand nine
hundred dollars ($13,900.00).
Count I
BREACH OF CONTRACT
26. Paragraphs 1-25 are incorporated herein by referen(;e.
27. The actions of Defendant as aforesaid are wi\1ful and constitute a material breach of the
Contract entered into between Plaintiffs and Defendant.
28. As a direct and proximate result of the actions of Defendant as aforesaid, Plaintiff has
suffered and continues to suffer serious injury, including but not limited to loss of all
monies connected with the contract, as well as other damages incident to the breach of
this contract.
WHEREFORE, Plaintiffs demand that this Court enter judgment in their favor and
against Defendant, Keystone Auto Exchange d/b/a Auto-Max of Carlisle, in amount above the
jurisdictional arbitration limit, as this Court may deem fit, plus a110rney's fees and court costs.
Count II
UNJUST ENRlCHME]~
29. Paragraphs 1-25 are incorporated herein by reference.
30. As a result of the practices of Defendant Keystone Auto Exchange d/b/a Auto-Max of
Carlisle, as described above, Defendant Keystone Auto Exchange d/b/a Auto-Max of
Carlisle has been unjustly enriched including but not limited to the 1996 Dodge Ram and
repairs made by Plaintiff on the 1999 Dodge Ram.
WHEREFORE, Plaintiffs demand that this Court enter judgment in their favor and
against Defendant, Keystone Auto Exchange d/b/a Auto-Max of Carlisle, in amount above the
jurisdictional arbitration limit, as this Court may deem fit, plus attorney's fees and court costs.
Respectfully submitted,
Date: (0 /). q
,
,2004
ciL1L}u1 ~f- f-/j;;u~
Kirstin M. Sweigard, Esquire
THOMAS & ASSOCIATES
3111 North Front Street
Harrisburg, PA 17110
Attorney I.D.# 83801
Attorney for Plaintiffs
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 02-3381 Civil Tenn
DONALD E. MOATS, JR.
v.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a! AUTO-MAX OF
CARLISLE,
Defendant.
ATTORNEY VERlFICA nON
I, KIRSTIN M. SWEIGARD, Esquire, verify that I am the attorney for Plaintiff, Donald
Moats, Ir, as designated in the present action, and that the facts and statements contained herein
are true and correct to the best of my knowledge. I understand that any false statements are
made subject to the penalties 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities.
Respectfully submitted,
THOMAS & ASSOCIATES
Date (0 ,j;~/oc.f
( jjlJrj}j-f;;' jL{'~--e-~
~~L Sweigard, Esq re
3111 N. '[< ront Street
Harrisburg, PA 17110
(717) 541-9979
Attorney for Plaintiff
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 02-3381 Civil Term
DONALD E MOATS, JR.
v.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/al AUTO-MAX OF
CARLISLE,
Defendant.
I hereby certify that that Foregoing Second Amended Complaint was deposited in the United
CERTIFICATE OF SERVICE
States Mail, first class, postage prepaid on June 29, 2004, addressed to the following:
Stephanie E. Divittore, Esquire
RHOADS & SINON, LLP
Twelfth Floor
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108
Date:
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Timothy J. Nieman, Esquire
Attorney No. 66024
Stephanie E. DiVittore, Esquire
Attorney tD. No. 85906
RHOADS & SINON LLP
One South Market Square
P.O. Box 1146
Harrisburg, P A 17108
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
DONALD E. MOATS, JR.
ANN E. BILLET
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
CIVIL ACTION LAW
NO. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE
SALES, INe. d/b/a AUTO-MAX OF
CARLISLE
Defendant
ANSWER TO SECOND AMENDED COMPLAINT
NOW COMES Defendant, Keystone Auto Exchange Saks, Inc. d/b/a Auto-Max of Carlisle
("Auto-Max"), and files this Answer to Amended Complaint as follows:
1. Admitted on information and belief.
2. Denied as stated. It is admitted, based on information and belief, that Ann Billet is
an adult individual residing at 1969 Roosevelt Avenue, York, York County, Pennsylvania. It is
specifically denied that Ann Billet is a Plaintiff in this action.
3. Admitted.
4. Admitted.
5. Admitted with clarification. It is admitted that Plaintiff Donald Moats and Auto-
Max entered into a written agreement (the "Contract") pursmmt to which he purchased a 1999
520336.1
Dodge Ram truck. It is denied that there were additional parties to the Contract. A true and correct
copy of the Contract is attached hereto as Exhibit "A." The Contract is a writing which speaks for
itself.
6. The Contract is a writing which speaks for itself.
7. Admitted.
8. Denied. It is denied that the Plaintiffs purchased, with cash, the 1996 Dodge Ram
truck on October 10, 2001 for the price of thirteen thousand, five hundred dollars and fifty cents
($13,504.50). To the contrary, Exhibit "B" attached to the Complaint, which Plaintiff contends
supports this allegation, states that Plaintiff purchased a 1996 Dodge vehicle on or about October
10, 2001 for $13,504.50, including taxes, title and other fees. Exhibit B is a writing which speaks
for itself. After reasonable investigation, Auto-Max is unable to determine how Plaintiff paid for
the 1996 Dodge.
9. Admitted.
10. Denied. It is denied that Auto-Max agreed to repair damages to the 1999 Dodge
Ram including, but not limited to, state inspection, touch-up, front end alignment and repair
damages to the rear passenger quarter panel.
II. Denied. It is denied that Auto-Max arranged financing for Plaintiff through Triad
Financial Corporation located at 7711 Center Avenue, Suite 250, Huntington Beach, California.
While the Contract gives Auto-Max the right to assign the Contract to a sales finance company, and
Triad Financial was the Company that the Contract would have been assigned to, such assignment
did not happen here. Instead, at all relevant times and pursuant to the Contract, Donald Moats was
- 2-
required to make monthly payments to Auto-Max in the amount of $394.78 per month beginning on
January 28, 2002. Donald Moats never made any payments pursmmt to the Contract.
12. Denied. It is denied that at the time of execution of the Contract, Plaintiff provided
to Auto-Max all necessary documentation for the financing to be processed. To the contrary, Auto-
Max did not receive all documentation necessary to process the financing.
13. After reasonable investigation, Auto-Max is unablie to determine the truth or falsity
ohhis allegation and denies the same.
14. After reasonable investigation, Auto-Max is unable to determine the truth or falsity
of this allegation and denies the same.
15. After reasonable investigation, Auto-Max is unable to determine the truth or falsity
of this allegation and denies the same.
16. After reasonable investigation, Auto-Max is unable to determine the truth or falsity
ohhis allegation and denies the same.
17. Denied. It is denied that on or about April 4, 2002, Defendant came to Plaintiff's
residence to repossess the 1999 Dodge Ram truck. To the contrary, when Donald Moats failed to
make his January, February and March payments, Central Penn Recovery came to Donald Moats'
residence and repossessed the 1999 Dodge Ram truck.
18. After reasonable investigation, Auto-Max is unable to determine the truth or falsity
of this allegation and denies the same. It is specifically denied that Auto-Max in any way damaged
Plaintiffs driveway.
- 3 -
19. After reasonable investigation, Auto-Max is unable to determine the truth or falsity
of this allegation and denies the same. Additionally, Exhibit "D" is a writing which speaks for
itself. It is specifically denied that Auto-Max in any way damaged Plaintiffs driveway.
20. After reasonable investigation, Auto-Max is unable to determine the truth or falsity
of this allegation and denies the same.
21. Exhibit "E" is missing from the copy of the Ammded Complaint served on Auto-
Max and thus Auto-Max is unable to determine the truth or falsity of this allegation and denies the
same. Additionally, Exhibit "E" is a writing which speaks for itself. The Contract, however, clearly
states that the 1999 Dodge Ram truck was financed through Auto-Max and gives Auto-Max's
address. Plaintiffs were told to send payments to Auto-Max. The remaining allegations of this
Paragraph are specifically denied.
22. After reasonable investigation, Auto-Max is unable to determine the truth or falsity
of this allegation and dmies the same. Also, please see Auto-Max's response to Paragraph 21
above.
23. After reasonable investigation, Auto-Max is unable to determine the truth or falsity
of this allegation and dmies the same. It is specifically denied, however, that Plaintiff did not know
where to send payments. Also, please see Auto-Max's response to Paragraph 21 above.
24. After reasonable investigation, Auto-Max is unable to determine the truth or falsity
of this allegation and denies the same.
25. Admitted.
-4-
COUNT I
BREACH OF CONTRACT
26. Auto-Max incorporates herein by reference its responses to Paragraphs 1 through 25
above.
27. The allegations of this Paragraph are conclusions of law to which no response is
required. To the extent a response is deemed appropriate, these allegations are denied. To the
contrary, Auto-Max did not breach the contract. Rather, Donald Moats breached the Contract by
not making monthly payments as required.
28. The allegations of this Paragraph are conclusions of law to which no response is
required. To the extent a response is deemed appropriate, these allegations are denied. By way of
further response, it is specifically denied that Donald Moats suffered any damages in this action.
Rather any expenses incurred by Donald Moats are attributable to his failure to make monthly
payments as required by the Contract.
WHEREFORE Defendant Auto-Max respectfully requests that this Court dismiss Plaintiffs
claims and award it costs, including reasonable attorneys' fees, along with any other relief that this
Court deems appropriate.
COUNT II
UNJUST ENRICHMENT
29. Auto-Max incorporates herein by reference its responses to Paragraphs 1 through 28
above.
30. The allegations of this Paragraph are conclusions of law to which no response is
required. To the extent a response is deemed appropriate, these allegations are denied.
- 5 -
WHEREFORE Defendant Auto-Max respectfully requests that this Court dismiss Plaintiffs
claims and award it costs, including reasonable attorneys' fees, along with any other relief that this
Court deems appropriate.
Respectfully submitted,
RHOADS & SINON LLP
By:
(:"t.71I.,I'~
Timothy J. Nieman, Esquire
Stephanie E. DiVittore, Esquire
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
- 6 -
CERTIFICATE OF SERVICE
I hereby certify that on this L day of July, 2004 a true :md correct copy of the foregoing
document was served by means of United States mail, first class, postage prepaid, upon the
following:
Kirsten M. Sweigard, Esquire
Thomas & Associates
3111 North Front Street
Harrisburg, PA 17110 ~
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and sutrnitted in duplicate)
TO THE POOTHOOOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
for JURY trial at the next tenn of civil court.
(x
for trial without a jw:y.
---------------
--------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
Civil Action - Law
( X)
Appeal from Arbitration
D~nald E. Moats, Jr.
Ann E. Billet
(other)
(Plaintiff)
vs.
Keystone Auto Exchange Sales
Inc., d/b/a Auto-Max of
Carlisle
The trial list will be called on
and September 28, 2004
Trials corrmence on October 25, 2004
(Defendant)
Pretrials will be held on 1 0 I h I 0 4
(Briefs are due 5 days before pretrials.)
vs.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 02
Civil 33.81
lex 04
Indicate the attoTIley who will try case for the party who files this praecipe:
n
Kirstin M. Sweigard, Esquire 3111 .
. N. Front Street, HarrlSburq 17110
Indicate trial counsel for other parties if known:
Stephanie E. DiVittore, Esquire One South Market Square, Harrisburg
17108
This case is ready for trial.
Signed: ~~~2tIr:V Ai fJt~d
Print Narre: . /4'y-sh~ N. (.<Jt".Jl'uyp(.
u
AttoTIley for: P...e.a~xhlf'
,
Date: f;/rltJ'f
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DONALD E. MOATS, JR. and
ANN E. BILLET,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX
OF CARLISLE,
Defendant
02-3381 CIVIL
IN RE: NONJURY TRIAL
ORDER
AND NOW, this .z <I' day of August, 2004, a pretrial conference in the above-
captioned matter is set for Wednesday, September 29,2004, at 9:00 a.m. in Courtroom Number
4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
:rlm
1,.41.
less, J.
~stin M. Sweigard, Esquire
For the Plaintiffs
~tephanie E. DiVittore, Esquire ./
For the Defendant
Court Administrator
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DONALD E. MOATS, JR. and
ANN E. BILLET,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX
OF CARLISLE,
Defendant
02-3381 CIVIL
IN RE: PRETRIAL CONFERENCE
Present at a pretrial conference held September 29, 2004, were Kirstin M. Sweigard,
Esquire, attorney for the plaintiffs, and Stephanie DiVittore, Esquire, attorney for the defendant.
This action involves the plaintiffs' purchase of 1999 Dodge Ram truck from the
defendant, Keystone Auto Exchange Sales. The plaintiff contends that, despite the fact that he
complied with the purchase contract, the vehicle was repossessed. In the course of repossession,
damage was done to his driveway. The defendant disputes that the driveway was damaged and
asserts, moreover, that the plaintiffs were in default and that the defendant was justified in
repossessing the vehicle.
At the conference the defendant's counsel requested information concerning some of the
plaintiffs' witnesses. Plaintiffs' counsel indicated that she would be forthcoming concerning her
witnesses so that there would be no surprise on the day oftrial.
Nonjury trial in this case has been set for Friday, January 14, 2005, at 9:30 a.m.
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Kirstin M. Sweigard, Esquire
For the Plaintiffs
Stephanie E. DiVittore, Esquire
For the Defendant
Court Administrator
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DONALD E. MOATS, JR. and
ANN E. BILLET,
Plaintiffs
vs.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX
OF CARLISLE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LA W
02-3381 CIVIL
IN RE: NONJURY TRIAL!
ORDER
/1"
AND NOW, this day of December, 2004, it appearing that the date set for
nonjury trial in the above captioned case falls during the January trial term, the nonjury trial
set for January 14,2005, is continued to Thursday, February 17,2005, at 9:30 a.m. in
Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A.
~stin M. Sweigard, Esquire
F or the Plaintiffs
~Phanie E. DiVittore, Esquire >
For the Defendant
Court Administrator
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BY THE COURT,
d)
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~ Hess, J.
\/i\:~!:'\;/,:.~<~ r ;~\j
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Timothy J. Nieman, Esquire
Att()rney No. 66024
Stephanie E. DiVittore. Esquire
Attorney J.D. No. 85906
RHOADS & SINON LLP
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108
Attorneys for Keystone Auto Exchange
Sales, Inc. d/b/a Auto-Max of Carlisle
DONALD E. MOATS, JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
CIVIL ACTION LAW
NO. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX OF
CARLISLE,
Defendant
DEFENDANT'S MOTION FOR POST TRIAL RELIEF
NOW COMES Defendant, Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of
Carlisle, by and through its undersigned attorneys, and files the within Motion for Post Trial
Relief, stating as follows:
1. This case was tried before the Honorable Kevin A. Hess on February 17, 2005.
On March 14, 2005, this Court issued an Order finding in favor of the Plaintiff and against
Defendant in the amount of$14,209.98.
2. Defendant respectfully contends that this Court's decision is against the weight of
the evidence and is contrary to the law applicable to this dispute.
3. The evidence at trial established that on or about December 29, 2001, Defendant
entered into a contract with Plaintiff whereby Plaintiff agreed to purchase a 1999 Dodge Ram
Truck from Defendant in exchange for payment in the amount of $24,900.00 for a total, with
556250,1
warranty, taxes and transfer, of $27,486.00. Plaintiff sought to trade in a 1996 Dodge Ram for a
portion of the total purchase price, and the parties valued the 1996 Dodge Ram at $11,000, thus
the balance owed by Plaintiff was $16,486.00.
4. The evidence at trial also established that Plaintiff was obligated to make monthly
payments to Defendant beginning January 28, 2002 in the amount of $394.78. Despite this
express, contractual obligation, Plaintiff failed to make any payments whatsoever under the
contract for the new vehicle. Therefore, on April 4, 2002, Defendant repossessed the 1999
Dodge Ram truck from Plaintiff's residence based on his default under the terms of the contract.
5. At the time of repossession, Plaintiff owed $16,486.00 under the terms of the
contract. Following repossession, in order to mitigate its damages, Defendant proceeded to sell
the 1999 Dodge Ram. Defendant sold the repossessed vehicle for $18,500.00.
6. The $14,209.98 that the Court awarded to Plaintiff is believed to represent the
value of the trade-in vehicle. This award, however, was incorrect under in light of the facts of
this case and the applicable legal standards.
7. The Pennsylvania Uniform Commercial Code (the "UCC") applies in this case
and operates to clearly delineate the rights of parties in sales and secured transactions. Under the
current facts, Defendant and Plaintiff entered into a contract whereby Defendant agreed to sell a
1999 Dodge Ram, owned by Defendant, to Plaintiff. Pursuant to this contract, Defendant is a
secured party with a security interest in the 1999 vehicle. See 13 Pa.C.S.A. 99102 (defining
"[s]ecured party" as "[a] person in whose favor a security interest is created or provided for
under a security agreement"). Defendant, therefore, is entitled to the protections offered to
-2-
secured parties under the uec. Under the UCC, following Plaintiffs default under the contract,
Defendant lawfully repossessed the 1999 vehicle and lawfully sold the same.
8. Section 9609 of the UCC expressly provides that "[aJfter default, a secured party:
(I) may take possession of the collateral." 13 Pa.C.S.A. s9609(a). Thus following Plaintiffs
default by nonpayment tmder the contract, Defendant had the right to repossess the vehicle.
Where, as here, Defendant properly took possession of the vehicle following Plaintiffs failure to
make payment as specifically required by the contract, this Court should have rejected Plaintiffs
claims.
9. Further, Section 961O(a) of the UCC provides the express right to sell collateral
following an event of default. The UCC is clear that, under these circumstances, Plaintiff is only
entitled to recover amounts in excess of the outstanding obligation owed by him. Specifically,
Section 9615 explains that, upon resale of the property, the debtor is only entitled to recovery of
any surplus -- amount in excess of the loan obligation -- realized on the sale less the secured
party's expenses.
10. In this case, Plaintiff purchased a 1999 Dodge Ram vehicle in exchange for the
total price of $27,486.00. The outstanding obligation, less the trade-in vehicle valued at $11,000,
was $16,486.00. This balance remained due and owing, as Plaintiff failed to make any payments
whatsoever under the contract. Following Plaintiffs breach, Defendant properly repossessed the
vehicle, reselling the same. Contrary to this Court's decision, Plaintiff is not entitled to recover
any amounts beyond the surplus, the amount above the outstanding loan balance, received by
Defendant on the sale of the repossessed vehicle. This amount, less Defendant's costs associated
with the repossession, are $1,709.58, not the $14,209.98 awarded by this Court.
- 3 -
REQUEST DESIGNATING PORTION OF THE RECORD TO BE TRANSCRIBED
11. Plaintiff requests that the court reporter transcribe the entire record.
12. Plaintiff reserves the right to raise additional issues and arguments upon receipt
and review ofthe entire trial transcript.
WHEREFORE, Defendant, Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of
Carlisle, respectfully requests that this Court (i) order a new trial; (ii) direct the entry of
judgment in favor of Defendant, Keystone Auto Exchange Sales, Inc. d/b/a Auto-Max of
Carlisle; (iii) modify or change its decision to comply with the requirements of the DCC; or (iv)
enter any other appropriate order.
Respectfully submitted,
RHOADS & SINON LLP
By:
~1)-) ~ I' it<> '-"--
Stephanie E. DiVittore, Esquire
Timothy J. Nieman, Esquire
One South Market Square
P.O. Box 1146
Harrisburg, PA 17109
(717) 233-5731
Attorneys for Defendant
- 4-
.
CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of March, 2005, a true and correct copy of the
foregoing Defendant's Motion for Post Trial Reliefwas served upon the following:
VIA UNITED STATES MAIL
Kirsten M. Sweigard, Esquire
P.O. Box 1168
Camp Hill, PA 17001
VIA HAND DELIVERY
Honorable Kevin A. Hess
Cumberland County Court of Common Pleas
1 Courthouse Square
Carlisle, PA 17013-3387
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DONALD E. MOATS, JR., and: IN THE COURT OF COMMON PLEAS OF
ANN E. BILLET,
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
KEYSTONE AUTO EXCHANGE
SALES, INC., d/b/a
AUTO-MAX OF CARLISLE,
Defendant
02-3381 CIVIL TERM
IN RE: NONJURY TRIAL PROCEEDINGS
Proceedings held before the
HONORABLE KEVIN A. HESS, J.,
Cumberland County Courthouse,
Carlisle, Pennsylvania,
on Thursday, February 17, 2005,
in Courtroom Number 4.
APPEARANCES:
KIRSTIN M. SWEIGARD, Esquire
For the Plaintiffs
STEPHANIE E. DIVITTORE, Esquire
For the Defendant
.
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INDEX TO WITNESSES
FOR THE PLAINTIFF DIRECT CROSS REDIRECT
James Stanley 4 9
Donald E. Moats, Jr. 11 34
Ann Billet 47 64
FOR THE DEFENDANT
Thomas Flowers 69 82 91
2
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INDEX TO EXHIBITS
FOR THE PLAINTIFF
Ex. No. 1 - Pa. Motor Vehicle
Sale Contract
Ex. No. 2 - Buyers Guide
Ex. No. 3 - Certificate of Title
Ex. No. 4 - "We Owe" Auto-Max
Ex. No. 5 - Apple Chevrolet
document
Ex. No. 6 - York Chrysler
document
Ex. No. 7 - B/K Savage & Core
Supply document
Ex. No. 8 - Pep Boys invoice
Ex. No. 9 - York Chrysler
document
Ex. No. 10-14 - photographs
Ex. No. 15 - Henry Hicks Paving
& Seal Coating receipt
Ex. No. 16 - Auto-Max
Repossession Notice
Ex. No. 17 - letter dated
1/21/02
Ex. No. 18 - fax
Ex. No. 19 - telephone bill
Ex. No. 20 - Stanley Asphalt
estimate
Ex. No. 21-23 - customer letters
Ex. No. 24 - Triad Financial
Corporation - 12/28/01
FOR THE DEFENDANT
Ex. No. 1 - Central Penn
Recovery Service
Ex. No.2 - Auto-Max document
Ex. No. 3 - Auto-Max document
Ex. No. 4 - summary of transaction
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MARKED
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ADMITTED
(all 69)
(all 93)
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(Whereupon, Plaintiff's Exhibit Nos.
1-22 were marked for identification.)
(Whereupon, Defendant's Exhibit Nos.
1-4 were marked for identification.)
THE COURT: Good morning.
MS. SWEIGARD: Good morning.
MS. DIVITTORE: Good morning.
THE COURT: Counsel ready to proceed?
MS. SWEIGARD: Yes, Your Honor.
THE COURT: Go ahead.
MS. SWEIGARD: Your Honor, the first witness
I am going to call is kind of out of sequence. It is Mr.
Jim Stanley.
Whereupon, JAMES STANLEY, having been
duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. SWEIGARD:
Q Can you state your name for the record?
A James Stanley.
Q And are you currently employed, Mr. Stanley?
A Yes.
Q And how are you employed?
A Stanley Asphalt Paving is my business.
Q You are the owner?
A Yes.
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Q And what is the current address of that
business?
A 510 Grouse Lane, York, Pennsylvania, 17404.
Q And what do you primarily do?
A Driveways. Residential driveways is ninety
percent of my work.
Q
A
Q
Paving?
Right.
How long have you been employed in this
capacity?
A I would say eleven or twelve years.
Q I want to draw your attention to April the
27th of 2002. Were you called by the Moats family to come
to 1969 Roosevelt Avenue?
A Yes.
Q And why were you called to come out?
A I believe they needed the bottom of their
driveway repaired. They said that a truck --
MS. DIVITTORE: Objection, Your Honor.
It is
hearsay.
THE COURT:
I will overrule it.
I am sure he
is going to be testifying to why he called the man.
THE WITNESS: It gouged it out. It done some
damage to the bottom. So I give him a price on cutting it
out where it was gouged out, taking it out and redoing it.
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BY MS. SWEIGARD:
Q So you did go to 1969 Roosevelt Avenue?
A Yes.
Q Can you tell the Court exactly what you saw
when you got there?
A It is a horseshoe driveway. And if you are
facing their house on the right-hand side, as you start up
it, there is a couple worn marks and gouges in the bottom of
their driveway. And they said that a truck made them gouges
up through there and damaged it. I guess they are a couple
feet long, maybe -- I mean, they are not maybe that deep.
Q And when you say that deep, can you tell the
Court.. .
A Anywhere from a half inch to an inch, maybe a
little bit more.
It is different in spots.
It is like skid
marks going up.
Q And can you estimate how long those marks
are, a foot, two feet?
A A couple feet at the most. A couple feet I
would say.
Q All right. Now, you were called out to give
an estimate to repair that part of the driveway, is that
correct?
A Yes.
Q And what in your professional opinion needed
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1 to be done to repair that?
2 A If they would want that repaired, I would
3 have to saw cut out maybe a ten by twelve area there, just
4 to take it up to where the other seam is at, to make it
5 look I will say to blend it in, and then butt it back
6 into the road. I would probably put a little more base in
7 there, put two to three inches of blacktop, saw cut the end
8 there to the road and into the driveway, just to make it
9 look neat, and then put a seal coat over the entire driveway
10 to match it up with the new color.
11 Q Is there a reason why you would have to seal
12 coat the entire driveway?
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A
It is to match it up.
If you patch an old
driveway, or,
you know, if a driveway is a couple years old,
15 and you patch it, it is night and day. The new blacktop is
16 black, and the old one is turning gray. A lot of people
17 don't like it, some do, some don't.
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MS. SWEIGARD: May I approach, Your Honor?
THE COURT: Certainly.
BY MS. SWEIGARD:
Q I am showing you what's been marked as
Plaintiff's Exhibit No. 20.
recognize that?
It was pre-marked. Do you
A
Q
Yes.
And what is it?
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A My estimate.
Q And can you tell the Court what your estimate
was to perform the work that you just described?
A 950.
Q So the $2,100.00 that you see, that was to do
additional work to the driveway?
A Yes.
Q But the damages from what Mr. Moats is
claiming from the repossession of the truck is $950.00?
A Yes.
Q And this estimate was given in 2002. Would
that price have increased since that time?
A A little, yes.
Q And what would your price be to do the work
today?
A I could ask anywhere from 1,050 to $1,100.00.
Q You have not performed the work on that
driveway, is that correct?
A No.
Q And have you viewed the driveway lately?
A Yes.
Q And are the gouges still there?
A Yes.
MS. SWEIGARD:
I have no further questions of
this witness.
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CROSS-EXAMINATION
BY MS. DIVITTORE:
Q Just very briefly, Mr. Stanley. Did you view
the Moats' driveway prlor to the alleged damage?
A No, ma'am.
Q And in your quote you indicate that the price
you are giving includes work to widen the edges of both
sides of the driveway?
A That's for the additional work there if they
want it. There is two separate prices there. When I get
done with that bottom piece, it is naturally going to be a
little wider, because once I dig it out, once the grader
comes in there and digs it out, it is probably going to end
up maybe a few inches wider on each side there.
I can't
help that, when you do blacktop and saw cut it and do that.
As for the other widening, that was for another part of the
driveway, nothing to do with the bottom.
Q Okay. So in addition to the alleged gouges,
the Moats also wanted you to widen another part of their
driveway, is that right?
A Right. There was a price there to redo the
whole driveway if need be.
Q And in your quote, the part of the work
separate from the alleged damage, it states repave entire
driveway one and a half cup, is that right?
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A
One and a half -- I would have to look.
I
have a copy of it. One and a half inch cap. It is just a
cap over the whole driveway. You can call it a resurface, a
cap. Some call it -- there is a bunch of different terms
for it. I call it a cap.
Q And why would that work be required?
A That was a separate price that they asked me
for.
Q Do you know why they wanted that work?
A
No.
I was just asked on a price of redoing
the whole driveway and a price on fixing the bottom here.
Q And you testified that your price to fix the
alleged damage includes seal-coating of the entire driveway?
A Yes.
Q And you testified that was for cosmetic
reasons?
A Yes. Strictly for cosmetic.
Q So if you cut and patched the area where the
alleged damage occurred and seal-coated that part of the
driveway only, that driveway would wear properly, that you
would only seal-coat for appearances, is that right?
A Right. The seal is for the old part really.
It is not for the new part. It is to match it up. Because
I find when I patch driveways people don't like two
different colors. So I just usually put a sealer on it.
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MS. DIVITTORE: No further questions, Your
2 Honor.
3 THE COURT: Anything else?
4 MS. SWEIGARD: Nothing further, Your Honor.
5 I would request that this witness be excused.
6 THE COURT: Unless there is objection?
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Moats.
MS. DIVITTORE: No objection.
THE COURT: Thank you.
MS. SWEIGARD: The next witness is Donald
Whereupon, DONALD MOATS, having been
duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. SWEIGARD:
Q Will you state your name for the record?
A Donald E. Moats, Jr.
Q What is your current address, Donald?
A
Q
A
Q
A
Q
A
Q
1969 Roosevelt Avenue, York, Pa., 17404.
How long have you resided there?
About seven years.
And who do you reside there with?
Ann Billet.
Any children?
Yes. Two.
Are you currently employed?
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A Yes.
Q Who are you employed with?
A Graham Packaging at Emigsville.
Q How long have you been employed there?
A I would say there close to five years.
Q I am going to draw your attention to December
of 2001. Were you looking to purchase a new truck?
A Yeah. I was looking to upgrade my truck that
I presently had, yeah.
Q And, particularly, where did you find a
truck?
A I was looking through the Auto Locater. It
is like a magazine that has cars for sale locally.
Q And what did you find?
A I found a diesel 2500 Ram at a car lot in
Carlisle Auto-Max.
Q And do you recall what year that truck was?
A 1999.
Q Did you contact Auto-Max?
A
I work twelve, thirteen hour days.
I came
home and went to sleep, and Ann contacted them for me.
Q Who did you meet with when you first went to
Auto-Max?
A When I first presently went up to the lot?
Q Yes.
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A
not sure.
Q
A
guy.
Q
It was big guy.
It was Kevin or Mike.
I am
Michael?
Yeah. Michael Bateman, that's right. A big
Do you know if you received any pre-approval
before going to Auto-Max?
A Yes. We gave all my information over the
phone, because I said I am not making like a forty-five
minute drive if I am not approved for a truck.
Q So prior to the first time that you went to
the lot to look at the truck...
A
Yeah.
I never even seen the truck.
I just
saw a little, maybe a little inch picture of it, in the Auto
Locater.
Q And you provided all of your information to
Auto-Max over the telephone?
A Yes.
Q Did you receive any kind of pre-approval or
anything?
A They said I was approved for the loan, just
to come on up.
Q All right. So you go to Auto-Max. What
happened when you first arrived?
A They had the truck sitting out front. It was
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1 like all, you know, wet and everything. They were just
2 washing it. And he said, you know, he gave me the keys and
3 started it up and everything, and put a tag on it.
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9 test-driving the truck, were there any problems with the
10 truck that you noticed?
11 A Yeah. At first I wasn't going to take it at
12 all, because, you know, the tires were bad on it. And it
13 had like a big dent right above where the exhaust came out
14 in the back quarter panel. And it had rust on the quarter
15 panels.
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Q So you took it for a test-drive?
A Yes.
Q And was that you and Ann Billet?
A Yes. And my two kids.
Q Okay. All right. While you were
Q
And did you talk to the salesman at that time
about those?
A Yeah. Mike told me, just don't worry about
any of that stuff. We will take care of that.
Q How many times did you test-drive the truck?
A Just one time.
Q And after that one time, did you decide then
that you would purchase the truck?
A Yeah. I took it the same day.
MS. SWEIGARD: May I approach, Your Honor?
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THE COURT: Go ahead.
BY MS. SWEIGARD:
Q I am showing you what's been marked as
Plaintiff's Exhibit No.1 for identification.
recognize that?
A Yes.
Do you
Q
And what is it?
A It is a sales agreement for a loan.
Q And on the second page of the exhibit,
that your signature?
A Yes, it is.
Q And this is the sales contract for the
purchase of the 1999 Ram?
A Yes.
Q Now, how were you going to finance the truck?
is
A Through Triad Financial.
Q Did you fill out an application for Triad?
A No. They took care of all of that.
Q Did you have any direct contact with Triad?
A No. Never.
THE COURT: How are you spelling Triad?
MS. SWEIGARD: T-r-i-a-d.
THE COURT: T-r-i-a-d?
MS. SWEIGARD: Yes.
BY MS. SWEIGARD:
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Q And how did you know that Triad Financial was
to finance the vehicle?
A Michael told me.
Q Michael was the salesman?
A Yes.
Q Did you discuss at that time when you are
filling out the paperwork, did you discuss how much your
payments would be?
A The paperwork was all done and everything
when I got there.
Q So according to the sales contract, it was to
be sixty-six payments of 394.78?
A Yes.
Q Did the truck include a warranty?
A Yes.
Q I am showing you what's been marked as
Plaintiff's Exhibit No.2 for identification. Do you
recognize that?
A Yes.
Q What is it?
A It is like a warranty. They usually stick
them in the windows of cars.
Q Did you purchase an additional warranty
beyond the one that Auto-Max was going to provide for you?
A Yes.
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Q
And what additional warranty did you
purchase?
A
Q
The sixty month, 100,000 mile warranty.
And that is on the second page of the --
A Yes.
Q According to the warranty paperwork that was
completed by Auto-Max, who was to be the lienholder of the
vehicle?
A Triad Financial Corporation.
Q Now, when you were completing the paperwork
for the truck, did you receive a copy of the title?
A Not there on the spot. It was mailed to
me -- no, dropped off to my house.
Q I am showing you what's been marked as
Plaintiff's Exhibit No.3 for identification. Do you
recognize that?
A
Yes.
It is a copy of the 1999 Dodge 2500
truck.
Q So this was the title for the new truck?
A Yeah. This is the one I bought from
Auto-Max.
Q And can you tell the Court who was listed as
the lienholder?
A
Q
Triad Financial.
And this was filled out by Auto-Max?
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A Yes.
Q Now, you indicated that when you test-drove
the truck that there were some problems that you discussed
with the salesman?
A Yes.
Q Did you speak to anybody else about the
repairs that you wanted done?
A I think his name was Kevin. He was in the
back room. I am not sure what his title was.
Q And what were you told about the repairs to
the truck?
A He said, you know, I know it was out of
inspection. It was rusted pretty bad and had the big dent,
and the back bumper was rusted and dented and smashed to
pieces. And he said, you know, don't worry about any of
that stuff.
Q When he said don't worry about it, what did
you --
A He said he was going to take care of it.
He's got a pretty good body shop that they take stuff to and
stuff.
Q I am showing you what's been marked as
Plaintiff's Exhibit No.4. Do you recognize that?
A Yes.
Q And is this the We Owe certificate that you
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were given by Auto-Max?
A Yes.
Q On the certificate you notice that it says
state inspection and touch-up?
A Yes.
Q What did you believe touch-up to mean?
A Well, they told me the touch-up would be to
correct all the rust and the dents in the back quarter panel
area.
Q When you purchased the new 1999 truck, did
you trade any vehicles in?
A Yes. I traded off a 1996 Dodge Ram 1500 that
13 was paid off.
14 Q When did you purchase the 1996 Ram?
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A I think it was like October, like a couple
months before I saw the diesel one.
Q Okay. So after you purchased the 1996, you
wanted something bigger?
A I needed something bigger, yeah, something to
tow and pull with. I did a lot of hauling and demo around
the house. I needed something tougher to take care of the
stuff.
Q And where did you purchase the 1996 Ram?
A Through Apple Chevrolet.
Q I am showing you what's been marked as
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Plaintiff's Exhibit No.5.
Do you recognize this?
A Yes. It is a sales contract from Apple
Chevrolet.
Q And would you agree that you purchased that
truck on October 10th of 200l?
A Yes.
Q What was the purchase price of that truck?
A The total or just the price of the vehicle?
Q The total that you paid for that truck?
A Total all together was $13,504.50.
Q What was the condition of the 1996 when you
traded it in two months later?
A
Q
It was perfect.
It was still the same.
And how much, if you know, did Auto-Max give
you for your 1996 trade-in?
A 11,000.
Q When you purchased the 1999 truck, did you
provide any information to Auto-Max?
A Yes.
Q What information did you provide?
A A mortgage statement, my driver's license, my
insurance, and like a utility bill.
Q And did you provide that to them when you
initially went on the lot?
A Yes. When I got there I gave it to them on
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the spot, yes.
Q So someone had told you prior to that that
you needed these things?
Yes.
Do you know why that information was
A
Q
requested?
A
just...
Q
A
Q
A
Q
A
Q
A
Q
A
Q
I am not sure, just for I guess purposes,
For financing purposes?
Yeah.
Did you provide any references to Auto-Max?
Yes.
What references did you provide?
I provided my grandpa, my mom and my dad.
What is your grandfather's name?
Kenneth Stambaugh.
And your mother's name?
Nancy Moats, and my dad is Donald Moats, Sr.
To your knowledge, after the date that you
purchased the truck, which was December 29th of 2001, was
that information requested again?
A Yes.
Q And who dealt with sending Auto-Max the
information again?
A Ann sent all of that stuff to them.
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Q Were you ever contacted by Triad Financial
and requested to provide any documents?
A Never.
Q Now, after you purchased the 1999 Ram, did
Auto-Max make improvements to the vehicle?
A Yeah. They took it. They had it more than I
did. They took it back and forth to do repairs. And they
basically just slapped paint over the rust. And like a day
or two later all the rust came back through. And so it had
to be taken to a body shop and all sanded down. And they
got it inspected. They had to put one new tire on it and
left the other three that were bad.
Q All right. But these are improvements that
you made to the truck?
A That I made?
Q Yes.
A I made like the back bumper. And I put three
new three tires on it.
Q
Okay. All right.
So what you are saying is
that Auto-Max made some improvements -- I just want to know
what Auto-Max did to the truck after you bought it?
A They just basically touched it up and got it
inspected.
Q And that was it?
A That was it, yes.
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Q And then you made improvements to the
A
Yeah.
I made the improvements, yes.
Q I am showing you what's been marked as
Plaintiff's Exhibit No.6. Do you recognize that?
A Yes.
Q What is it?
A The steering wheel on the truck was like off
like half it was going down the road, and the steering
wheel was way off.
Q So you had it fixed?
A Yes.
Q And who was that through?
A York Chrysler.
Q And what was the cost of having that fixed?
A 32.84.
Q I am showing you what's been marked as
17 Plaintiff's Exhibit No.7. Do you recognize that?
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A Yes.
Q What is it?
A It is for a brand new chrome back bumper I
bought for the truck.
Q For the 1999 truck?
A Yes.
Q I am showing you what's been marked as
Plaintiff's Exhibit No.8 for identification.
Do you
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1 recognize that?
2 A Yes.
3 Q What is it?
4 A It is through Pep Boys.
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Q What work was done to the truck on this?
A When Auto-Max inspected it, they put one
brand new tire on it, and the other three were completely
bad, you know, no tread left on them. And you were going
down the road, it was a real rough ride, and it didn't steer
right. So I had to get three other tires to match the one
they put on.
Q And what was the cost of those three new
tires?
A $257.37.
15 Q And the second page also indicates an
16 invoice. What is that for?
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A Balance the wheels.
Q What was the charge on that?
A $31.77.
Q I am showing you what's been marked as
Plaintiff's Exhibit No.9. Do you recognize that?
A Yes.
Q What is it?
A Basically they do like a checkup on the
truck, like a certain mile needs a certain service and stuff
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like that, basically like routine service or...
Q Okay. And on the second page there are also
listed repairs?
A Yes.
Q What is that list?
A The seat belts on the truck didn't work.
They were locked. You couldn't pull them out, and the seat
belt light alarm was on.
Q And what did this total repair cost you?
A Just for the seat belts or...
Q For the whole, the entire...
A
$393.08.
13 Q And I don't believe that I asked you on the
14 record what the cost was for the bumper, the replacement
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bumper?
A
$250.00.
Q I am showing you Plaintiff's Exhibit No. 10
for identification. Do you recognize that?
A
Yes.
It is the new chrome bumper I put on
20 the back of it.
21 Q And when was that picture taken?
22 A 7/29/02 on Auto-Max's lot.
23 Q Was that after they repossessed it?
24 A Yes, it is.
25 Q I am showing you what has been marked as
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Plaintiff's Exhibit No. 11 for identification. Do you
recognize that?
A
It is a front tire.
Yes.
Q And is that one of the new tires that you
replaced?
A
Q
Yes.
Was that also in July of 2002?
A Yes. On Auto-Max's lot, yes.
Q I am showing you what's been marked as
Plaintiff's Exhibit No. 12 for identification. Do you
recognize that?
A Yeah. It is the new back tire I put on.
Q And that's also in July of 2002?
A Yes.
Q I am showing you what's been marked as
Plaintiff's Exhibit No. 13 for identification. Do you
recognize that?
A Yeah. It is the other back tire I put on.
Q Also in July of 2002?
A Yes.
Q And, lastly, I am showing you what's been
marked as Plaintiff's Exhibit No. 14 for identification.
you recognize that?
Do
A
Yeah.
It is a front tire.
Q Also in July of 2002?
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A Yes.
Q And that's all after Auto-Max had repossessed
the truck?
2001.
A Yes.
Q So you purchased the vehicle in December of
In January of 2002 did you make any payments on the
1999 Ram?
A No.
Q Why not?
A I never got any payment book in the mail or
nothing from Triad.
Q In January of 2002 did you contact Auto-Max
and ask them why you hadn't received a payment book?
A Yes.
Q And what were you told?
A Just, you know, relax, it will be there.
It
takes sometime.
Q In February of 2002 did you make any payments
on the 1999 Ram?
A No.
Q Why not?
A I still didn't get no payment book, no
nothing.
Q Did you contact Auto-Max in February to
inquire?
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A Yes.
Q And what happened when you contacted them?
A They just said, you know, it should be there
anytime, just relax.
Q During January and February of 2002 are you
aware of whether or not additional documents were sent to
Auto-Max?
A Yes.
Q And they were sent by...
A Ann Billet.
Q And who primarily had contact with Auto-Max?
A Ann Billet did.
Q And why was that?
A Because I worked some days fourteen hours a
day, and by the time I am -- when I am home sleeping, and
when I get up they are usually closed.
Q Now, March of 2002 did you make any payments
on the 1999 Ram?
A No.
Q And why not?
A Never got anything from Triad or anything.
Q Did you at anytime contact Triad Financial?
A
Yes.
I called the California branch. And
they said we have no idea who you are. And I gave them my
Social Security number and they couldn't find nothing on me.
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They gave me a Florida number and said try this branch, and
nobody knew anything about me.
Q All right. In April 2002 the truck was
repossessed?
A Yes.
Q Prior to the repossession in April of 2002
did you receive any letters from Auto-Max telling you that
they were going to repossess the 1999 truck?
A No.
Q
Did you receive any letters from them
indicating that you should pay them?
A No.
Q What happened on the day that they
repossessed the truck?
A I am not sure the name of the company that
came and got it. He just backed up when I was in there
sleeping. He knocked on the door, and Ann came back and
woke me up and said you need to get your, you know, all the
stuff that I had in the truck you got to get out because
they are repossessing it.
Q So you did that? Did you get up and go out?
A Yeah.
Q You took your items out of the truck?
A Some of them. Some items that I left in the
truck I never got back, because the guy was in a hurry to
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get out of there.
Q All right. And what did they bring to get
the truck?
A Just a standard tow truck with a boom lift.
Q Now, when they repossessed the truck, were
there any damages done to the driveway?
A
Yes.
Q What damage was done?
A The truck he towed -- my truck that was
repossessed was actually bigger and longer than the tow
truck. And my driveway -- he went down the bad side, like
it is at an angle, and then when he went down at an angle,
parts of the boom scraped and dug into the driveway.
Q And when was your driveway originally paved?
A
I am not sure of the exact date.
It was
fairly new at the time.
Q I am showing you what's been marked as
Plaintiff's Exhibit No. 15. Do you recognize that?
A Yes.
Q And what is it?
A It is the receipt showing that I had my
driveway done and paved.
Q And when was it paved?
A 9/21/01.
Q So it had been paved approximately three
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1 months earlier?
2 A Yeah.
3 Q And that was done by Mr. Henry Hicks?
4 A Yes.
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Q Did you contact anyone regarding the damages
to the driveway with regards to fixing them?
A Yeah. After the truck left, I went back on
the phone with Auto-Max, you know, back and forth, and I
told them that the guy just damaged the driveway too when he
10 was leaving.
11 Q Did you contact anyone with regards to fixing
12 the driveway?
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A Just like an outside contractor?
Q Yes.
A Yes.
Q Okay. Who did you contact?
A There was a couple of them. One I know was
Jim Stanley who was just here.
Q And what did you indicate to him when you
called him?
A Actually Ann talked to him.
Q So he was told about the damage and that you
requested an estimate?
A Yes.
Q In July of 2002 did you receive a letter from
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Auto-Max regarding the 1999 Ram?
A Yes.
Q I am showing you what's been marked as
4 Plaintiff's Exhibit No. 16. Do you recognize that?
A Yes.
Q And what lS it?
A It was a letter sent from the title clerk of
Auto-Max, stating that because I failed to honor my sales
contract with Triad Financial the vehicle was repossessed.
Q Okay. So July of 2002 Auto-Max indicated
that you had have an installment sales contract with Triad
Financial?
A Yes.
Q At anytime during your discussions with
Auto-Max in buying the vehicle, did they ever indicate that
they would be financing the vehicle?
A No. Never.
Q Did you ever deal with anyone from Auto Safe
Financing, which is the financial division of Auto-Max?
A No. Never.
Q Did you ever receive a bill or a payment book
from Auto-Max?
A Never.
Q
Did anyone ever tell you to make payments to
Auto-Max?
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A
Q
Auto-Max?
A
Q
Auto-Max?
A
Q
vehicle?
A
Q
No.
Did you ever attempt to make any payments to
No.
Why didn't you just send your money to
I had an agreement with Triad.
Were you prepared to make the payments on the
Yes.
And would you have made those payments if you
would have known where to make them?
A Yes.
Q And you have purchased vehicles before the
1999 Ram and had vehicle payments?
A Yes, and afterwards.
Q Did you ever purchase a vehicle that was
financed by a dealership, by the actual dealership?
A No. Not the actual dealer on the lot, no.
MS. SWEIGARD: One moment, Your Honor.
THE COURT: Very well.
BY MS. SWEIGARD:
Q Did you make any efforts to obtain your own
financing?
A No.
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1 Q Why didn't you do that?
2 A It was all supposed to be taken care of.
3 Q So would it be safe to say that you relied on
4 the representations made by the Auto-Max employees?
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Q
Yes.
And no one ever told you that you don't have
7 to make payments on this vehicle?
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A
No.
MS. SWEIGARD:
I have no further questions at
this time.
CROSS-EXAMINATION
BY MS. DIVITTORE:
Q Mr. Moats, you testified that you had
discussions with Auto-Max representatives regarding the
financing of the '99 vehicle. Who did you speak with?
A Who did I speak with?
Q Yes.
A I didn't speak to anybody at first over the
Ann did that. I spoke to them once I got to the
phone.
lot.
Q Who did you speak with at the lot?
A It was Mike, and it was Kevin.
Q Can you describe for us those discussions and
what were you told?
A I was told I was already approved.
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1 Q At the time you were allegedly pre-approved,
2 did you even know the price of the vehicle?
3 A Yes. It was in the Auto Locater.
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Q
Did you know whether you were going to trade
in your '96 vehicle?
A Yes.
Q And had you agreed on a price for the trade?
A Not yet.
Q Did you receive any documents showing that
A
Q
No.
Do you know who pre-approved you?
A What company?
Q Yes.
A They told me Triad Financial.
Q I would like to talk about the contract,
which was Plaintiff's Exhibit No.1, do you know what the
interest rate you agreed to for this purchase was?
A It is hard to see. It is like X'd out. It
looks like 17.9.
It is hard to read.
Q Do you know whether this is low, average or
high for a vehicle?
A I couldn't tell you.
Q What was your credit history like at the time
you purchased the '99 vehicle?
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A
average.
Q
A
Q
A
not sure.
Q
A
Q
I would say good, not excellent, just
Had you recently come through a bankruptcy?
Yes.
When
I don't know the exact date on that.
I am
Do you know whether it was within a year --
I know it was
Let me finish my question so that the
reporter can get it down. Do you know whether the
bankruptcy was within a year of the purchase of the new
vehicle?
A
I know it was discharged.
Is that what they
call it?
Q We are not permitted to answer questions. Do
you know approximately when the bankruptcy discharge
occurred?
A
I am not sure.
I don't know the exact date
on it.
Q And were you the only person that filed, or
did you file with someone else?
A Ann also filed.
Q Did you own a vehicle when you filed for
bankruptcy?
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A
Yes.
Q Which vehicle was that?
A
The Dodge Ram.
I am not sure of the year of
it.
Q Was that the vehicle you traded into
Auto-Max?
A No.
Q Returning to the purchase of the 1999
vehicle, did you meet with anybody from Triad?
A
No.
I never seen them.
Q Did you complete any forms or applications
for Triad?
A I never did, no.
Q Do you have any contract or any documents
signed by Triad or any representative of Triad?
A I don't have anything, just lienholders that
Auto-Max filled out.
Q Are you aware that Triad rejected your
application for financing?
A I never got anything on it.
Q If you look again at the contract, which is
Plaintiff's Exhibit 1. The contract sets forth the terms
of your financing, is that right?
A Yeah.
Q And it indicates that the purchase price
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after taxes, tags and all of that, less the trade-in value,
is 16,486, is that right?
A Yes.
Q And these are the terms that you agreed to?
A Yes.
Q Does it tell you the number of payments and
the amount of payments?
A Yes.
Q And what are those terms?
A Sixty-six payments at $394.78.
Q Does it also tell you when the first payment
is due?
A January 28th, '02.
Q I would like to confirm again that you signed
this contract and agreed to these terms, is that right?
A Yes.
Q And in signing the contract, you agreed to
pay the total purchase price, is that right?
A Yes.
Q And who was listed as the seller under the
contract?
A The seller was Auto-Max of Carlisle.
Q The contract also provides that Auto-Max is
entitled to repossess their vehicle if you fail to make
payments, is that right?
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A
If they have a place to send payments,
Yes.
yes.
Q No, I am sorry, if you fail to make payments,
it provides that Auto-Max may repossess the vehicle, is that
right?
A Yes.
Q Did you say it has a place to send payments?
A I said yes.
Q Did you just state, Mr. Moats, that the
contract has a place to send payments?
A No. I didn't see anything saying anything
about Triad.
Q And you have not made any payments for the
truck, is that right?
A No. Never.
Q And you have alleged that you were to make
payments to Triad, is that right?
A Yes.
Q But you signed a contract that specifically
lists Auto-Max as the seller and directs you to start making
payments January 28th, is that right?
A For this contract here, yes.
Q And you testified about the certificate of
title application, which I believe was Plaintiff's Exhibit
3?
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A
Yes.
Q And you testified that it lists Triad as a
lienholder?
A Yes.
Q Who is listed as the owner of the vehicle?
A Keystone Auto Exchange Sales, Incorporated,
of Auto-Max.
Q Did you intend to pay for the truck when you
purchased it?
A Yeah.
Q Did anybody at Auto-Max ever tell you you did
not have to make payments?
A No.
Q What did you do after you picked up the
truck? Did you use it?
A Did I use it, yeah.
Q And you used it to get back and forth from
work?
A Yeah. But it spent most of its time either
at Auto-Max or a body shop. I didn't have it most of the
time.
Q Did you ever send a payment to Auto-Max?
A No.
Q Did you ever take a payment in and express to
them that your payments were due, and you didn't receive a
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payment book?
A
No.
I was just on the phone with them.
And
they kept telling me it was coming in the mail.
Q
You talked earlier about the trade-in
vehicle, which is the 1996 Ram. You testified that you
bought it for approximately 13,500, is that right?
A Yeah. With sales tax and everything, yeah.
Q But you agreed to value it at 11,000 with
Auto-Max on the trade, is that right?
A Yeah. Most dealers will do that to you.
Q You just mentioned that you didn't have the
vehicle because it spent time in the body shop, is that
right?
A Yes. It was a body shop that Auto-Max did,
and there was another body shop in York that they sent it
to.
Q And you testified about this sheet, which is
Plaintiff's Exhibit 4, listing the improvements Auto-Max
agreed to provide?
A Yes.
Q That indicates that they will provide
touch-up work and state inspection, is that correct?
A Yes.
Q Did they do that?
A Yeah.
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Q When you received the vehicle, it had a valid
inspection, is that right?
A No. When r first picked it up, no. r had to
go back and forth, and they did it, yeah.
Q So the vehicle was inspected and approved by
Auto-Max, is that right?
A Yeah.
Q And the inspection required a new tire?
A Yeah.
Q You testified that they also agreed to
perform some body work?
A Yeah.
Q And you testified that they put paint over
it, and the rust came through, is that right?
A Yeah. Just basically like little bottle
paint they put over the rust. They didn't sand it down and
primer it or anything.
Q And you were unhappy with the repair work, is
that right?
A Yeah. Because by the time r came to pick it
up, the rust was back through.
Q You were unhappy with that repair work?
A Yeah. r think anybody would have been, yeah.
Q And then Auto-Max sent the vehicle to a bOdy
shop --
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A But they weren't going to.
Q Let me finish my question first. They sent
it to a body shop, they had it sanded and then repaired, is
that correct?
A Yeah. I took it to another body shop, yes.
Q Auto-Max did
A
Q
A
Q
I took it to another body shop.
Isn't it true, Mr. Moats
They paid for it though.
Please let me finish my question.
Isn't it
true that Auto-Max provided you the vehicle with the rust
fixed to your satisfaction?
A After like three times, yes.
Q And then you alleged that you put three new
tires on the vehicle, is that right?
A Yeah. I had to, yes.
Q Why did you have to?
A They were bad. You would go down the road,
it was like real bad vibration. They were bumping and
stuff.
Q
A
Did Auto-Max ever agree to provide new tires?
No.
It was just, you know, safety.
Q But the vehicle was inspected?
A It was inspected, but the horn didn't work
and the seat belts didn't work, so I don't know how Auto-Max
43
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1 got it inspected.
2 Q And you had these new tires put on, if you
3 look at the date on the invoice, which is Plaintiff's
4 Exhibit No.8, I believe?
5 A Yeah.
6 Q You had that done on January 30th?
7 A Yes.
8 Q And you testified about steering
9 improvements. You had those performed on February 12th, is
10 that right?
11
12
A
Q
Yeah.
And this was even after your first payment
13 was due, is that correct?
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A Yeah. So, yes, I had the money to make the
payments if I did repairs, yes.
Q I would like to talk briefly about the
repossession. Did you speak with the individuals that came
to repossess the vehicle?
A The tow truck driver?
Q Yes.
A He just basically said he was here to take
the truck, and he didn't have anything else to say.
Q And you were standing there when they
repossessed the vehicle?
A Yeah.
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Q Did you discuss with him the alleged damage
to the driveway?
A Well, he was already gone and pulled out when
it happened. I didn't know who the guy was. I couldn't
call him.
Q Do you have any pictures of the alleged
damage to the driveway?
A No. I don't have any. I just had a witness
and everything.
Q And you testified that you had had the
driveway paved in September of 2001, is that right?
A Yes.
Q You testified that Henry Hicks did that work?
A Yeah.
Q Did you call Henry Hicks to provide an
estimate to repair the alleged damage?
A No.
Q Why not?
A He just never answered his phone or anything.
Q But when Henry Hicks performed the work in
September of 2001, he guaranteed the work, is that correct?
A Yeah.
Q Did you ever call to see whether this alleged
damage fell within the scope of the guarantee?
A I don't think that would fall under the
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guarantee
Q
A
Q
Mr. Moats, did you or did you not call him?
No. I did not.
And you have never performed the alleged
repair work to the driveway?
A
I didn't, no.
No.
Q And you testified about Plaintiff's Exhibit
16, which was a notice issued after the repossession?
A Yeah.
Q And that notice indicates that you had the
opportunity to redeem the truck, is that right?
A Yeah.
Q
$16,595.42?
A Yeah.
And it says that the redemption price is
Q And this includes the balance you owed plus
the repossession cost, is that correct?
A Yeah.
Q And, Mr. Moats, you don't dispute that you
owed Auto-Max at the time of the repossession over
$16,000.00?
A lowed Triad Financial, that's listed here as
the lienholder, yes.
Q Under the terms of your contract, which is
Plaintiff's Exhibit 1, isn't it true that at the time of the
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repossession you owed Auto-Max over $16,000.00?
A Yes. The standard contract, yes.
Q And did you redeem the truck pursuant to this
repossession notice?
A No. By that time I was back and forth with
counsel and stuff, an attorney.
Q You testified that you never attempted to get
your own financing?
A No.
Q And you didn't do so after the repossession
either?
A No.
Q Was there any change in your financial
situation from the November, December, 2001, time period
until the time of the repossession?
A Just a raise at work.
MS. DIVITTORE: That's all I have, Your
Honor.
THE COURT: Is there any redirect?
MS. SWEIGARD: No, Your Honor.
THE COURT: Thank you, Slr.
MS. SWEIGARD: My next witness is Ann Billet.
Whereupon, ANN BILLET, having been
duly sworn, testified as follows:
DIRECT EXAMINATION
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1 BY MS. SWEIGARD:
Q
Will you state your name, please, for the
record?
A
Q
A
Q
A
Q
A
Q
Ann E. Billet.
What is your current address?
1969 Roosevelt Avenue.
How long have you lived there, Ann?
About seven years.
Who do you reside there with?
Donald Moats, Jr.
And your two children?
A And our two children, yes.
Q Are you currently employed?
A Yes, I am.
Q Who are you employed with?
A Priority Post in Manchester.
Q Let me draw your attention to December of
2001. Was Donald looking to purchase a new truck?
A Yes, he was.
Q Where did he find a truck?
A He found in the Auto Locater a truck at the
Auto-Max in Carlisle.
Q And that was the 1999 Ram?
A Yes.
Q Did you contact Auto-Max about the truck?
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A Yes.
Q And when did you do that?
A He showed me I don't know the exact date,
he showed me the book, because he always gets those on
Friday morning, and he asked me to call up to the lot for
him. So I am not sure of the exact date that I made the
initial call.
Q When you made a call to the lot, were you
calling to see about financing?
A I called up to get the general information on
the truck, mileage, condition. And told them what Donald
had as far as a trade, and then told them if we would be
pre-approved, he would be interested in coming up and
trading his truck for the newer one.
Q What information did you give them over the
phone that day?
A
I gave them Donald's employer, his Social
Security number, our address, and I can't remember what else
they asked for.
Q Do you know specifically who you spoke to?
A Michael. Because I was told to ask for him
when I came up to the lot.
Q Were you able to get any kind of answer as
far as whether or not Donald was approved for financing?
A They told me they would contact me back after
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they checked his information. And I did receive a phone
call back, stating that we were to come up to the lot, that
he was pre-approved.
Q Did they tell you who he was pre-approved
through?
A Not initially over the phone.
Q And as a result of that information, did you
go to Auto-Max?
A Yes.
Q And who did you meet with when you first went
there?
A When we first pulled in, we asked for
Michael.
Q Was the truck in front of the dealership?
A Yes. The truck was -- they were cleaning it
and getting it ready.
Q What did the two of you do then when you
arrived?
A We got there. And we took the kids over and
were looking around the truck, looking over the truck that
we were there to see. And we asked for Michael, and he came
out.
Q Did you test-drive the truck?
A Yes, we did.
Q
And did you note any problems with the truck
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1 at that time?
2 A He noticed the rust and the damaged rear, and
3 the bad bumper. And he did notice when he was driving it
4 that the steering wheel wasn't straight.
5 Q Did you discuss these problems with anyone?
6 A Yes, we did. We discussed them with Michael.
7 Q What were you told by Michael?
8 A He told us that they have a really good body
9 shop that they deal with, and that they can get it taken
10 care of, no problem.
11 Q Based upon those assertions by Michael, did
12 the two of you decide to purchase the vehicle?
13 A Yes.
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Q
A
Q
Now, you weren't part of the financing?
No.
Were you present though when the financing
was discussed?
A Yes.
Q And what do you recall of that conversation?
A We went in. They looked at his truck. You
know, they discussed the price on the truck. And then we
were told that he was pre-approved through Triad Financial,
that if we wanted to do it, that we could, because we had
brought up all the information that they had asked me for
over the phone.
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Q
And there was no representative from Triad
Financial at Auto-Max on that day?
A No.
Q How did you know -- I am sorry, maybe you
already answered this, how did you know that Triad was the
one financing the truck?
A That's what we were told.
Q Who told you that?
A His name was Kevin.
Q Do you know what his title was?
A
No. I am not sure what his title was.
Q On December the 29th of 2001 did you provide
any documents to Auto-Max?
A Yes. We were told to bring his driver's
license, a utility bill, a mortgage statement. And I think
we were told to bring a check stub, but we had forgotten the
check stub.
Q Did you provide a reference list?
A Yes.
Q And who was on that reference list?
A I listed myself, Donald's parents, and his
grandfather.
Q And his grandfather is who?
A Kenneth Stambaugh.
Q And his parents, they are?
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A Donald and Nancy Moats.
Q Did you leave with the truck that day?
A Yes, we did.
Q After the purchase when is the first time
that you contacted Auto-Max about payments on the 1999 Ram?
A We took the truck back up in January for the
repairs. And probably mid January I started making phone
calls. I am not sure of the exact date. I started making
phone calls, because we had received nothing in the mail.
And we weren't sure where to send them to.
Q As a result of these initial contacts with
Auto-Max, did you provide anymore documents to them?
A Yes. They told me that our references and
the information that we provided them the day on the lot
that they had lost them and could not find them, and that we
needed to either bring them up or fax them to them. So we
needed to send another utility bill, a mortgage statement,
and a copy of his license, along with another list of his
references.
Q I am showing you what's been marked as
Plaintiff's Exhibit No. 17 for identification.
Do you
22 recognize that?
23 A Yes.
24 Q And what is it?
25 A This was the letter that I wrote them after
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we got the truck, saying that he wasn't satisfied with the
work that was done with it. And plus this was our utility
bills that they asked for, his paycheck stub, another list
of our references, and our mortgage statement -- or Donald's
mortgage statement, sorry.
Q And where did you fax this to?
A
Down at the bottom, the 717-691-1786. And I
was told to attention it Mel. And I am not sure who that
was.
Q And when approximately was this faxed? Was
it the same date of the letter?
A Yes.
Q So it would have been January 21st, 2002?
A Yes.
Q Did you provide the same documents again?
A Yes, I did.
Q Why did you provide them again?
A Because I continued to call because we
received no payments, no statement book, no nothing. And
they told me that, again, they never received them or they
couldn't find them. So they asked me to send them again.
So I went out and re-faxed them a second time.
Q I am showing you what's been marked as
Plaintiff's Exhibit No. 18. Do you recognize this?
A Yes. This was the second time that they were
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faxed.
Q
What was the date the second time that they
were faxed?
A
Q
A
Q
2/4 of '02.
And whose attention was it sent to?
Tom Flowers.
And what was included in the fax the second
time?
A Our references, once again, and a mortgage
statement yeah, his check and a utility bill.
Q On the back of the first page of your copy,
is there a fax confirmation?
A Yes, there is.
Q What is the fax number confirmation that .it
is listed to?
A I guess that's the 717-243-6068.
Q What date was it faxed?
A 2/4.
Q Of '02?
A Yes.
Q After February 4th of '02, did you have any
further discussions with Auto-Max?
A Yes. I contacted them again about the no
payments, and I was informed again that they did not receive
these papers.
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Q So you had sent them twice, and you were told
after February 4th of '02 that they didn't receive the
papers again?
A Yes. They said they only had one fax
machine, and that they didn't receive them.
Q Did you provide these same documents as
Plaintiff's Exhibit No. 18 a third time to Auto-Max?
A Yes. I just pulled the front cover off and
took it down and re-faxed them another time.
Q Do you recall when the third time was that
you re-faxed them?
A I am not exactly sure of the exact date, no.
I apologize for that. It was shortly right after this one,
because I was in constant contact with them.
Q Did you provide the information to them
anymore times?
A After the last fax, I don't think we did. I
don't remember.
Q So it was your understanding from your
conversations with Auto-Max that Triad Financial was waiting
on these documents?
A Yes.
Q Did anyone ever tell that you Donald wasn't
approved through Triad?
A No.
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Q I am showing you what's been marked as
Plaintiff's Exhibit No. 19 for identification.
recognize that?
A Yes. This is a copy of our phone bills.
Q And without going through everything, can you
tell the Court the first time on your phone bill that you
contacted Auto-Max?
Do you
A
it -- 12/28.
Q
A
I am trying to see -- I guess that would be
And then there is calls there on 12/29?
Yes.
Q If you go forward through the telephone bill,
can you tell the Court how many phone calls alone were made
in January to Auto-Max?
A
Q
In January I have ten or eleven phone calls.
In January alone?
five,
A Yes.
Q And how about February?
A February there is one, two, three, four,
six, seven, eight, nine, ten, eleven -- eleven phone
calls.
Q And then March?
A I have one, two, three, four, five, six,
seven.
Q Okay. And that was the end of the phone
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bills?
A Yes. That's the end of my phone list.
Q And all these calls were made to Auto-Max?
A Yes.
Q Inquiring about the payment book and the
status of the financing?
A Yes.
Q What was your phone number at the time you
were making calls to Auto-Max, your phone number?
A 764-9552.
Q Do you recall when you received the
registration for the truck?
A After the truck was repossessed.
Q So that would have been in April?
A Yes.
Q So approximately four months after you
purchased the truck?
A Yes.
Q You heard Donald's testimony with regards to
the improvements of the 1999 Ram. Is that how you recall
the improvements that were made?
A Yes.
Q Did you or Donald make any payments on the
1999 Ram from January of 2002 until the time it was
repossessed?
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A No.
Q Why not?
A My opinion was if they couldn't manage to get
ahold of a fax, I don't feel that we should have sent them
almost $400.00.
Q Tell us what happened when the truck was
repossessed?
A I was in the house with the children, and our
son went to the front window and said someone is taking
daddy's truck. So I went outside, and the man told me that
he was there from Auto-Max. And he was taking the truck.
So I ran inside to get Donald, to make him aware of what was
going on.
Q
Did you know prior to this date that the
truck was going to be repossessed?
A
Q
No.
I did not.
Prior to the repossession, did you receive
any written or oral notification that you were in default of
the terms of the contract?
A No. We did not.
Q After the repossession, did you receive any
written or oral correspondence concerning the repossession
of the truck?
A Yes.
Q Would that have been the July 2002 letter,
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Plaintiff's Exhibit No. 16?
A Yes. That's the letter we received.
Q And that letter, you would agree with me,
indicates that Triad Financial is the installment or the
lienholder?
A Yes.
Q As a result of the repossession, your
driveway was damaged. How was it damaged?
A There are long dig marks in the bottom part
of the driveway.
Q Were they there prior to the repossession?
A No. They were not.
Q And are you the one who contacted contractors
to give you estimates for repair of the driveway?
A Yes, I was.
Q Did you specifically contact Jim Stanley?
A Yes.
Q And what did you tell him?
A I told him that we had some damage done to
our driveway, and that I needed to get an estimate on
getting it repaired.
Q Has the driveway been repaired as of this
date?
A
No.
It has not.
Q After the truck was repossessed, did you have
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any discussions with Auto-Max regarding getting the truck
back?
A I contacted Auto-Max, and I was told they
needed to do something to get my attention, that if we were
still interested, that they would refinance the truck again,
but we would have to start over from scratch.
Who did you talk to?
I believe Kevin.
Did you ever talk to Tom Flowers?
Yes. I spoke to Tom Flowers several times on
Q
A
Q
A
the phone.
Q
back?
A
Q
A
At that point in time did you want the truck
No. At that point he did not.
Why not?
He was already frustrated with them, and he
just did not want to have to deal with them again.
Q Did you ever contact Triad Financial
directly?
A
No.
I did not.
Q I am showing you what's been marked as
Plaintiff's Exhibit No. 21 for identification. Do you
recognize this?
A Yes, I do.
Q And what is it?
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A This is the letter that Ken Stambaugh,
Donald's grandfather, received in the mail.
Q And did he give this letter to you?
A Yes, he did.
Q And who is the letter from?
A It is from Auto-Max.
Q I am showing you what's been marked as
Plaintiff's Exhibit No. 22 for identification. Do you
recognize that?
A This is the letter his father received.
Q Who is that letter from?
A Auto-Max.
Q I am showing you what's been marked as
Plaintiff's Exhibit No. 23. Do you recognize that?
A It is the letter his mother received.
Q And all these letters were given to you by
these persons?
A Yes.
Q And if you want to just take a look at
Exhibit 21. What does the letter indicate?
A Saying that their name came across his desk,
and that is introducing himself, and that he is a sales
associate of Auto-Max. I guess they are trying to get
business.
Q
And these are references that you provided to
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them?
A Yes.
Q And did anyone from Auto-Max indicate to you
that they would be financing the vehicle?
A
Q
No.
Did you ever deal with anyone from Auto Safe
7 Financing?
8 A No.
9 Q Did you ever receive a bill or a payment book
10 from Auto-Max?
11 A No.
12 Q Did they ever tell you to mail a payment to
13 them?
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22 Q Why didn't you just send your money to
23 Auto-Max?
24 A I didn't see the sense -- I didn't want to
25 lose $400.00. I didn't feel comfortable sending them
A No. They did not.
Q Did you ever attempt to make payments to
anyone?
A No.
Q Why not?
A We were told by Auto-Max that we were
supposed to wait, that we would receive something in the
mail from Triad.
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$400.00. And their lot is not a buy-here, pay-here lot.
There was no signs for that around it.
Q Would you have made payments if you would
have known where to make them?
A Yes. He would have made the payments.
Q Have you ever purchased a vehicle that was
financed before?
A I have, yes.
Q And who took care of the financing paperwork?
A The place that we bought it from. They took
care of it, but it was never financed through them.
MS. SWEIGARD:
I have nothing further at this
time, Your Honor.
CROSS-EXAMINATION
BY MS. DIVITTORE:
Q Ms. Billet, are you married to Mr. Moats?
A No. We are not.
Q Did you sign a contract for the purchase of
the vehicle in question?
A
I did not.
No.
Q Did you have any ownership interest in the
'99 vehicle?
A No.
Q But is it fair to say that because of Mr.
Moats' work schedule that you handled most of the paperwork
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and the communications with Auto-Max?
A Yes.
Q Are you aware of any documents relating to
this transaction, showing that Mr. Moats was obligated to
make payments to Triad?
A Triad is listed as lienholder on several
7 paperworks. That's what I seen, but I don't see anything
anywhere stating where to send the payments as far as to
Triad.
Q Do you have any documents showing that Triad
agreed to finance the vehicle?
A No.
Q Did you read the contract that Mr. Moats
signed?
A Did I read it personally?
Q Yes.
A Not word-for-word, no.
Q Are you aware that that contract is between
Mr. Moats and Auto-Max?
A The standard contract that he filled out,
that's what I take it as.
Q And are you aware that that sets forth
payment terms?
A It gives payment terms, yes.
Q And are you aware that under that payment
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term Mr. Moats was to make a payment in the amount of 394.28
beginning January 28, 2002?
A Yeah. I knew his first payment was due in
January. The exact amount at the time, you know, is what
you said.
Q But you testified that it was your opinion
that you shouldn't have sent them almost $400.00, is that
right?
A No. Because the loan was through Triad, and
that's what I was told by Auto-Max.
Q Okay. Now, on the contract between Auto-Max
and Mr. Moats, Auto-Max is listed as the seller of the
vehicle, is that right?
A Yes. I believe so.
Q And you didn't send a payment to Auto-Max?
A No.
Q You never took a payment in?
A No.
Q Did anybody in your discussions with Auto-Max
representatives, did anybody ever tell you that Mr. Moats
was not obligated to make a payment?
A No.
Q You testified that you had various telephone
calls with Auto-Max in the end of December, January,
February and March, is that correct?
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A Yes.
Q And you testified that these were all
telephone calls by you inquiring about where the payments
should be made?
A The majority of those phone calls were
payment concerned, because a lot of times I was told, okay,
I will have someone get right back to you, we will look at
it, I would never receive a return phone call, so I would
have to contact them back, yes. I was trying to find out
where he had to send this payment to.
Q Isn't it true though, Ms. Billet, that during
this time you were having disputes with Auto-Max over
repairs to the vehicle?
A In the beginning, yes.
Q And did those disputes continue into mid
January?
A I don't remember the exact time the disputes
stopped. I don't remember when the last thing that was done
to the truck, where we just stopped asking for repair work.
Q Isn't it true that the letter you sent on
January 17th, which I believe is Exhibit 17, concerned not
payment arrangements but seat belt repairs?
A I have a letter dated the 21st.
Q I am sorry. The 21st. You are correct.
A
Yeah.
I did ask for seat belt repairs.
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Q Is there anything in that correspondence
inquiring about sending payments?
A
Q
No. There is not.
Isn't it true that you spent most of your
discussions with Auto-Max complaining about repairs?
A No. That's not true.
Q
Do you have anyway to delineate your phone
records which calls concern repairs and which calls concern
payment?
A No. There is no way for me to tell you which
one was which.
Q You testified that you contacted Stanley
about the driveway?
A Yes.
15 Q You also asked him for an estimate to widen
16 the driveway, is that right?
17 A On the other side, yes.
18 Q But you had recently had your driveway paved,
19 correct?
20 A Yes.
21 Q And the Stanley quote provides an estimate to
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re-pave the entire driveway, is that right?
A It gives two separate...
Q But you never had any of this work done?
A No.
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1 MS. DIVITTORE: I have nothing further.
2 MS. SWEIGARD: Nothing further, Your Honor.
3 THE COURT: Thank you.
4 Anything else from the plaintiff?
5 MS. SWEIGARD: Your Honor, I have no further
6 testimony.
7 THE COURT: And I assume there are no
8 objections to the exhibits?
9 MS. DIVITTORE: None, Your Honor.
10 THE COURT: And you will be offering some
11 testimony at this point.
12 MS. DIVITTORE: Yes.
13 THE COURT: Let's take a recess.
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(Whereupon, a recess was taken.)
AFTER RECESS
MS. DIVITTORE: Your Honor, at this time we
would like to call Thomas Flowers on behalf of the
defendant.
Whereupon, THOMAS FLOWERS, having been
duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. DIVITTORE:
Q Good morning, Mr. Flowers. Can you state
your name for the record?
A Thomas L. Flowers.
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Q
A
Q
A
Q
And your current address?
665 Pines Road, Etters, Pa.
And where are you currently employed?
Forbes Chevrolet in Camp Hill.
And where were you employed back in the
December 2001 time frame?
A Auto-Max Carlisle.
Q And what was your job with Auto-Max?
A General sales manager.
Q And what were your responsibilities as the
general sales manager?
A Oversee the sale of cars.
Q And are you familiar with the contract at
issue in this case?
Yes.
MS. DIVITTORE: Your Honor, may I approach?
THE COURT: Go ahead.
BY MS. DIVITTORE:
A
Q At this time I would ask that you look at
Plaintiff's Exhibit 1 on top, which is a copy of the
contract.
A Okay.
Q Are you familiar with that document?
A Yes.
Q And can you identify it for the record?
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A It is a finance contract with Donald Moats
and Auto-Max of Carlisle.
Q Were you present when Mr. Moats agreed to
purchase the 1999 vehicle?
A Yes. I was at the dealership.
Q And can you explain the terms of the
contract?
A The terms are for sixty-six months, $394.78 a
month. The first payment being due January 28, 2002. And
it was between Auto-Max of Carlisle and Donald E. Moats, Jr.
Q
And how did Mr. Moats agree to pay for the
truck?
A In monthly installments.
Q But was he financing the entire purchase
price?
A Less his vehicle.
Q And what was the amount of the trade-in
vehicle?
A The amount of the trade-in, $11,000.00.
Q Okay. And then he was going to finance the
remaining price, is that right?
A That's correct.
Q Can you explain the different methods a
customer can use to finance a vehicle that was purchased
from Auto-Max?
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A Well, obviously they could pay cash. They
could acquire financing of their own, or we could try to
acquire financing for them.
Q And who would Auto-Max have used around this
time period to acquire financing for a customer?
A We had probably eight or ten different banks.
Q Are you familiar with a company called Triad?
A Yes, I am.
Q Can you explain what Triad is and what Triad
does?
A Triad is a bank that specializes in financing
cars for people who are credit-disimpaired.
Q Okay. So if Auto-Max had a customer that
sought third party financing with a bad credit history, you
would approach Triad?
A That's correct.
Q Can you explain to me how the contracts are
structured if a customer wants to purchase a vehicle from
Auto-Max and use a third party financing company?
A
I am sorry.
I don't understand the question.
Q A customer enters into the contract with
Auto-Max, is that correct?
A That's correct.
Q But the contract then allows Auto-Max to
assign the contract to the third party?
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A Yes. That is exactly correct.
Q Do you know if that's what was done in this
case?
A That attempt was made, yes.
Q When you say that attempt, you mean the
attempt to assign a contract was made, is that correct?
A
That's correct.
Q But the original contract remained between
Mr. Moats and Auto-Max, is that correct?
A That is correct.
Q Do you know whether Auto-Max ever notified
Mr. Moats that it assigned the contract to Triad?
A No. I don't believe we did.
Q Do you know whether Triad agreed to finance
the vehicle?
A Triad would give us a tentative agreement
based on receiving stipulations from us that we asked Mr.
Moats to provide.
Q And then ultimately what happened?
A We did not have all the stipulations that
were required. And we made numerous contacts to try to
acquire them and were unable to.
Q And you were unable to acquire this
information from Mr. Moats, is that right?
A That's correct.
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Q And ultimately Triad denied financing, is
that right?
A That is correct also.
Q At the time Triad issued its decision, that
it would not finance the vehicle, who had the vehicle?
A Mr. Moats did.
Q So Triad only denied financing after Mr.
Moats executed the contract and took possession of the
vehicle?
A That is correct.
Q What happens in that situation? What does
Auto-Max do when the customer has the truck, the contract is
signed, and the third party will not provide financing?
A We make an attempt to get someone else to
finance it, but if that's not -- if that cannot be
accomplished, then we would expect the contract be paid to
us.
Q So the customer remains obligated to pay for
the vehicle?
A Certainly.
Q And Mr. Moats was obligated to pay Auto-Max
22 in this case?
23 A That is correct.
24 Q And if you look at the contract, which is
25 Plaintiff's Exhibit No.1, it sets forth payment terms,
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correct?
A That is correct.
Q Did you or any other representative of
Auto-Max to your knowledge ever tell Mr. Moats he was not
obligated to pay for the vehicle?
A No. We did not.
Q
Do you know whether Auto-Max forwarded a
payment book to Mr. Moats?
A I do not, but I do not believe so.
Q Does Auto-Max always provide payment books
when they finance the vehicle?
A No, we don't.
Q But even though Mr. Moats did not receive a
payment book, Auto-Max still expected him to make the
monthly payments, is that right?
A That is correct.
Q Do you know whether he made any payments to
Auto-Max?
A
Q
He made none.
Did Mr. Moats or Ms. Billet ever call you at
Auto-Max and ask you where to send payments?
A No. They did not.
Q Did they ever send a check that you are aware
of?
A No. They did not.
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Q Did they ever come in to the showroom to
discuss this matter?
A No. They did not.
Q Did you ever speak with Mr. Moats or Ms.
Billet after the payments became due?
Yes. Both myself, Brian Dirkman and Kevin
A
Lamb all did.
Q Can you tell me the nature of your
conversation with Mr. Moats and Ms. Billet?
A In regards to what?
Q In regards to making payments.
A Kevin Lamb made calls to -- I think it was
Ms. Billet, and told her that the payments were due to
Auto-Max, because we were unable to obtain financing through
Triad.
Q Okay. Did you ever tell Mr. Moats or Ms.
Billet that Mr. Moats is obligated to pay Auto-Max?
A Yes. I believe I did.
Q And under the terms of the contract, what
steps is Auto-Max authorized to take if payments are not
made?
A We are authorized to repossess the vehicle.
Q And eventually Auto-Max determined it would
repossess the vehicle here, is that correct?
A That is correct.
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Q Do you know whether Auto-Max incurred any
expenses during repossession?
A Yes, we did.
MS. DIVITTORE: Your Honor, if I may?
THE COURT: Go ahead.
BY MS. DIVITTORE:
Q I am showing you what has been marked as
Defendant's Exhibit No.1. Can you identify this document?
A It appears to be an invoice from Central Penn
Recovery Service.
Q And Central Penn was a company used by
Auto-Max for repossession, is that correct?
A That is correct.
Q And this shows that Central Penn repossessed
a '99 Dodge from Mr. Moats?
A That is also correct.
Q And can you tell me the fees Auto-Max
incurred in repossessing the vehicle?
A $300.00.
Q And after the vehicle was repossessed, did
you speak with Mr. Moats or Ms. Billet?
A Yes. I believe I did.
Q And can you tell me the nature of those
conversations?
A I believe the nature of the conversations was
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that we would continue to try to obtain financing for him,
but it was their obligation to pay for the vehicle. And
they should try to also obtain financing themselves.
Q Okay. If you would look at Plaintiff's
Exhibit 16, which is on the papers up there. Do you
recognize that document?
A Yes.
Q And what is it?
A It is a notice of repossession sent to Mr.
Moats.
Q Did you ever get a response from Mr. Moats to
this repossession notice?
A No.
Q After this notice was sent to Mr. Moats, did
he ever contact you to try and set up payments for the
vehicle?
A No. He did not.
Q And when you were unable to obtain any
financing or any payments from Mr. Moats, what did Auto-Max
do with the repossessed vehicle?
A We reconditioned it for sale and sold it.
Q I am showing you what's been marked
Defendant's Exhibit 2. If you would review it. Are you
familiar with this document?
A Yes, I am.
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Q Can you identify it for the Court?
A It is a sales agreement to sell the vehicle
that we repossessed from Mr. Moats.
Q And what was the price received by Auto-Max
for this vehicle?
A $18,500.00.
Q Would you review Defendant's Exhibit 3 and
identify it for the Court?
A It is a sales agreement between Auto-Max of
Carlisle and Donald E. Moats, Jr.
Q I want to just confirm the numbers in this
case. With the warranty, tax, title, tags, what was the
total purchase price of the 1999 vehicle by Mr. Moats?
A
Q
$27,486.00.
Mr. Moats traded in a vehicle, is that
correct?
A That is correct.
Q And that vehicle was valued at $11,000.00?
A That's also correct.
Q And do you see the total outstanding balance
under Mr. Moats' agreement?
A Yes, I do.
Q And what amount is that?
A $16,486.00.
Q So at the time Auto-Max sold the repossessed
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vehicle, Mr. Moats owed $16,486.00?
A That's correct.
Q So when the vehicle was sold, Auto-Max
actually received a surplus on the sale, is that right?
A A surplus over and above what was owed?
Q Yes.
A Yes.
Q If you would review Defendant's Exhibit 4,
just briefly to confirm that this supports your testimony
that Mr. Moats' total purchase price for the '99 vehicle was
$27,486.00, is that right?
A That's correct.
Q And less the trade-in, the total owed by Mr.
Moats was l6,486?
A That's also correct.
Q And after the resale of the repossessed
vehicle, there was a surplus of $2,014.00?
A That's correct.
Q And so after the repossession costs, there
was a surplus of approximately $1,709.00, correct?
A That's correct.
Q Do you know whether Auto-Max offered this
amount to Mr. Moats?
A No. I do not.
Q When did you leave employment with Auto-Max?
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A October, 2003.
Q You heard some testimony about repairs on the
'99 vehicle prior to Mr. Moats taking possession of that, is
that correct?
A
Q
A
Q
A
Q
A
Q
A
Repairs prior to or after taking possession?
After taking possession.
Yes, I have.
If you would look at Plaintiff's Exhibit 4.
Yes.
Can you identify this document?
It is a We Owe slip.
And how did Auto-Max use these slips?
For work that we promised at the time that we
deliver a vehicle.
Q And this slip indicates that Auto-Max
promised to perform touch-up work and state inspection?
A That's also correct.
Q Did you or to your knowledge any other
Auto-Max representative agree to perform any additional work
on the '99 vehicle?
A No. We did not.
Q Do you know whether Auto-Max agreed to
replace all four tires on the '99 vehicle?
A No. We did not.
Q Did Auto-Max complete or pay for the
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completion of the work listed there?
A Yes, we did. Several times.
Q Did Mr. Moats have to pay any additional
money for that work?
A No. He did not.
Q You also heard some brief testimony about
fliers sent to the plaintiff's relatives or acquaintances.
Do you recall that testimony?
A Yes.
Q Did you forward any information to Mr. Moats'
personal references?
A Did I, no.
Q Did you direct anyone to forward information
to these people?
A
Q
A
No, rna' am.
I did not.
Are you aware whether Auto-Max would do that?
It wouldn't be Auto-Max's policy.
MS. DIVITTORE: That's all I have, Your
Honor.
MS. SWEIGARD: May I approach, Your Honor?
THE COURT: Yes.
CROSS-EXAMINATION
BY MS. SWEIGARD:
Q Mr. Flowers, Plaintiff's Exhibit No.1, the
sales installment contract, that's a general contract that
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Q
This wasn't drawn up specifically for my
clients?
A No.
Q And in all sales installment contracts, were
you using this contract -- obviously Auto-Max is always
going to be listed as the seller?
A Yes. If Auto-Max sells a vehicle, that's
correct. They would be the seller.
Q And as far as anything coming off the
Auto-Max lot, Auto-Max is the seller? Would Auto-Max be the
seller if the car is coming off of the Auto-Max lot?
A Yes.
Q And then the buyer is always going to be
whomever lS purchasing the vehicle?
A
Q
That would be correct.
You would agree with me that this contract
indicates that the seller intends to assign this contract?
A That is correct.
Q That's correct. And at the time that Mr.
Moats executed this contract with Auto-Max, Auto-Max fully
intended that Triad Financial would finance that vehicle?
A That's correct.
Q I am showing you what's been marked as
Plaintiff Exhibit No. 24. Do you recognize this?
A It is a tentative approval from Triad.
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1 you use for all purchases of vehicles?
2 A That's a finance contract that we use on some
3 purchases of the vehicles.
4 Q In what circumstances would you not use this
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contract?
A
If we were not financing the vehicle.
Q
So if someone was paying cash...
A
We would not use this.
Q
Otherwise, you would use -- anytime someone
was financing a vehicle, this is the contract you would use?
A Depending on where we financed it.
Q Well, what circumstances would you not use
this contract?
A If we were using a bank, such as Waypoint,
Q
drew up?
A
Q
A
contracts.
Q
A
sorry.
No. It is not.
And who drew this contract up?
It is probably a company that does bank
So this is a general contract?
I am not sure what you mean by general.
I am
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Q Mr. Flowers, you would agree with me the
bottom lists the approval conditions?
A That's correct.
Q As part of those approval conditions, you
needed proof of income, dated within thirty days of this
approval? You needed proof of residence. And you needed
the contract structure, with all of the signings and
everything. That's what you needed in order for Triad to
approve this loan?
A At the time that we got this approval, that's
correct.
Q And your testimony here today, that Mr. Moats
never provided you with any of that information?
A No. That's not my testimony.
Q What is your testimony, sir?
A We were provided with some of the
stipulations. We did not receive all of them.
Q Do you recall whether or not your fax number,
sir, was
243-6068?
A That's correct.
Q I am showing you what has been previously
marked as Plaintiff's Exhibit No. 18. Would you agree with
me, sir, that there is proof of income?
A Yes.
Q Would you also agree with me, sir, that there
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is a utility bill, which acts as proof of residence?
A Yes.
Q Would you also agree with me, sir, that all
of the documents for the financing, the contract and
everything, had been signed to your satisfaction on December
29th of 2001 when my client took possession of that vehicle?
A The documents requiring signing, such as the
contract?
Q Yes.
A Yes.
Q So according to this conditional approval,
everything had been met? Why wasn't the loan...
A We didn't have all those stipulations at the
time that we did the contract.
Q You didn't have them on December 29th?
A At the time that the vehicle was delivered,
we
did not have all the information we were to be provided
to consummate the contract, that's correct.
Q And you didn't receive them at any future
point in time?
A We made numerous calls to Mr. Moats' home to
get them faxed to us. And we were told that -- we were
constantly told they were faxed. And we never received them
across our fax machine.
Q Sir, on the back of Plaintiff's Exhibit No.
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18, you would agree with me that there is a fax confirmation
going to 243-6068 on February the 4th of 2002?
A I see the confirmation, yes.
Q You indicated that either Ms. Billet or Mr.
Moats was told that they needed to pay Auto-Max. Did you
personally give them that information?
A I did at one time after they had already been
told that by Kevin Lamb.
Q And do you know when that was?
A No. I don't recall.
Q Did you ever send them anything?
A Did I personally, no.
Q Do you know if Auto-Max ever sent anything in
writing advising Mr. Moats that he needed to make payments
to them?
A
I am not aware.
I don't know.
Q At some point in time you indicated that
Triad had denied the financing. Did you receive written
notification from Triad that the financing had been denied?
A Did I, no.
Q Do you know if Auto-Max did?
A I would presume our main office would have.
I don't know that.
Q Is that the standard if someone is denied
financing that you receive written notification?
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A No. Not generally. We usually get it across
or fax saYlng they approve or disapprove. But this took
such a long time, and we didn't have the stipulations,
that's why Triad would not consummate the deal.
Q But my question is did you receive written
notification from them via fax, mail --
A No. I did not.
Q Do you know if Auto-Max did?
A No. I do not.
Q Would that be standard if financing was
denied that you receive --
A
I don't know.
I don't work in the office.
Q So you have no idea whether or not you would
have received
A It is an unusual situation where you would
finance a car and have an approval and then later it would
change. So I don't know what the standard procedure would
be.
Q Assuming that Auto-Max received the documents
necessary to finalize the financing, okay, whose
responsibility would it have been to forward those documents
to Triad Financial?
A Auto-Max.
Q Did Auto-Max ever send a written letter to
Donald Moats indicating that financing had been denied
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through Triad Financial?
A I don't know.
Q Sir, how was my client to know where to make
payments?
A Auto-Max's name and address is clearly on the
finance contract.
Q But you never told him in writing where to
make payments?
A
That I don't know.
I did not.
Q Auto-Max does do in-house financing, is that
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A Auto-Max has an association with a company
called Auto Safe, who does some in-house type financing.
Q And that was not the intent in this
situation?
A Definitely not.
Q Sir, as you know, my client traded in a 1996
Dodge Ram. Do you have any idea what was done with that?
A It was sold I believe.
Q And do you know for how much?
A No. I do not.
Q In interrogatories that you verified, sir,
would the number $12,687.00, does that seem correct to you?
A Yes. That could very well be correct.
Q Sir, if you could take a look at Plaintiff's
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1 Exhibit No. 21, 22 and 23. Would you agree with me that the
2 logo at the top of that envelope is Auto-Max's logo?
3 A The logo at the top of this piece of paper is
4 Auto-Max's logo.
5 Q And if you turn to the second page, that also
6 at the top of the page has Auto-Max's logo on it?
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A
That's correct.
Q And Mr. Neil Wiest, do you know who he is or
who he was at the time?
A He was a salesman at the Mechanicsburg store.
Q And so he was employed at Auto-Max at that
time?
A That's correct.
Q It is your testimony that you have no idea
where these letters may have come from?
A It appears they came from Neil Wiest.
Q From where?
A Neil Wiest.
Q At Auto-Max?
A He worked for Auto-Max, that's correct.
MS. SWEIGARD:
I have no further questions,
Your Honor.
THE COURT: Any redirect?
MS. DIVITTORE: Very briefly, Your Honor.
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REDIRECT EXAMINATION
BY MS. DIVITTORE:
Q Mr. Flowers, you testified that the financial
contract between Mr. Moats and Auto-Max states that the
seller intended to assign the contract, correct?
A That's correct.
Q Is there any language in the contract stating
that the contract becomes null and void if the contract is
not assigned?
A No. There is not.
Q Is there any language in the contract stating
that Mr. Moats is no longer obligated to pay for the vehicle
if the contract is not assigned?
A No. There is not.
Q You testified about Plaintiff's Exhibit 24,
which was the conditional approval issue by Triad Financial
Corporation?
A Yes.
Q Isn't it true that in addition to receiving
certain information Triad also had the ability to review
this information and determine whether or not it wanted to
finance the vehicle?
A That's correct. And that would be normal
procedure.
Q Are you aware in your experience at Auto-Max
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of Triad ever receiving information and denying financing?
A I am sorry. Could you ask me that question
again?
Q
Do you know in the past whether Triad has
ever denied any applications for financing?
A After the deal was done?
Q
Yes.
A I am not aware of any specific, but I suspect
there has been some in the past.
Q You were also questioned about whether
Auto-Max sent Mr. Moats separate paperwork telling him to
pay Auto-Max, is that correct?
A Again, would you please ask me the question
again?
Q You were questioned about whether Auto-Max
sent Mr. Moats papers directing him to pay Auto-Max for the
vehicle?
A That's correct.
Q And you testified that Auto-Max did not send
separate paperwork?
A
Not to my knowledge.
I don't know.
Q But the contract, the finance contract,
between Mr. Moats and Auto-Max, states that he is obligated
to pay the seller beginning January 28th, is that correct?
A That is correct.
92
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.
.
Q Do you know whether Mr. Moats was provided
with a copy of his contract?
A Yes, he was.
Q So he did in fact have papers telling him to
make payments to the seller at the Auto-Max Carlisle address
begin January 28th?
A That is correct.
MS. DIVITTORE: Nothing further, Your Honor.
THE COURT: Is there any recross?
MS. SWEIGARD: No, Your Honor.
THE COURT: Thank you, sir. You can step
down.
Anything else?
MS. DIVITTORE: Your Honor, I do have a very
brief trial brief that simply sets forth the UCC provisions
that govern this transaction.
THE COURT: I will be happy to look at it.
Is there any rebuttal testimony?
MS. SWEIGARD: No, Your Honor. No rebuttal.
THE COURT: Well, obviously, I need to look
at the exhibits, and I will take a look at the brief. Is
there any closing statements either of you want to make?
MS. SWEIGARD: Your Honor, just briefly, if I
could.
THE COURT: Okay.
93
. .
1 (Whereupon, Ms. Sweigard closed on
2 behalf of the Plaintiff.)
3 (Whereupon, Ms. DiVittore closed on
4 behalf of the Defendant.)
5 (End of proceedings)
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
94
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
tJuJy~~
Barbara E. Graham
Official Stenographer
IYlW /'I .zooS-
Date
./Jd
-----------------------------
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
A. Hess, J.
Judicial District
95
DONALD E. MOATS, JR. and
ANN E. BILLET,
Plaintiffs
IN THE COURT OF COMMON PLEAS OR
CUMBERLAND COUNTY, PENNSYL V Aj IA
vs.
CIVIL ACTION - LAW
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX
OF CARLISLE,
Defendant
02-3381 CIVIL
IN RE: DEFENDANT'S MOTION FOR POST-TRIAL RELIEF
ORDER
AND NOW, this ,,' day of March, 2005, argument on the defendant's otion for
post-trial relief is set for Thursday, May 5, 2005, at 9:00 a.m. A brief shall be filed n behalf of
the defendant not less than five (5) days prior to the argument. A brief shall be filed n behalf of
the plaintiff not less than three (3) days prior to the argument.
BY THE COURT,
.,Kfrsten M. Sweigard, Esquire
F or the Plaintiff
~ephanie E. DiVittore, Esquire
For the Defendant
Court Administrator
:rlm
03 -;) 'to.5
FiLED-(XFiCE
OF THE pr~OT; irY\{YU!iY
ZODS NMI 28 .41.; Ii: 37
DONALD E. MOATS, JR. and
ANN E. BILLET,
Plaintiffs
IN THE COURT OF COMMON PEAS OF
CUMBERLAND COUNTY, PE SYLVANIA
vs.
CIVIL ACTION - LAW
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX
OF CARLISLE,
Defendant
02-3381 CIVIL
IN RE: NONJURY TRIAL
ORDER
AND NOW, this J "I' day of March, 2005, following trial witho t a jury,
transcription of the testimony and review of the testimony adduced, we fin in favor of the
plaintiff, Donald E. Moats, Jr. and against the defendant Keystone Auto Ex hange Sales, Inc.,
d/b/a Auto-Max of Carlisle in the amount of$14,209.98.
c -Kirstin M. Sweigard, Esquire
For the Plaintiffs
Stephanie E. DiVittore, Esquire
For the Defendant
)>
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(03-/~ -0.5
Court Administrator
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DONALD E. MOATS, JR.,
Plaintiff
vs.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX
OF CARLISLE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-3381 CIVIL
IN RE: DEFENDANT'S MOTION FOR POST-TRIAL RELIEF
BEFORE HESS. J
ORDER
AND NOW, this 2 '" day of June, 2005, following careful consideration of the briefs
filed by the parties and the argument thereon, the motion of the defendant for post-trial relief is
DENIED.
Kirsten M. Sweigard, Esquire
For the Plaintiff
Stephanie E. DiVittore, Esquire
For the Defendant
:rlm
BY THE COURT,
~
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-~
DONALD E. MOATS, JR.
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
:CIVIL ACTION LAW
:NO. 02-3381 Civil Term
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a! AUTO-MAX OF :
CARLISLE,
Defendant.
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment in favor of the plaintiff and against the defendant on the
attached decision of the Court dated March 14,2005, rendered following trial without a
jury, all post-trial motions have been disposed of. I'. '('e (m1Ci-11\...f 0( i'i, ,).,00' q~
Respectfully submitted,
Date:~/-l /;;")'
I
:.../ A..-
Klr in M. Sweigard,
P.O. Box 1168
Camp Hill, P A 17001
(717) 932-4646
ID No. 83801
Attorney for Plaintiff
DONALD E. MOATS, JR and
ANN E. BILLET,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX
OF CARLISLE,
Defendant
02-3381 CIVIL
IN RE: NONlUR Y TRIAL
ORDER
Ii/'
AND NOW, this day of March, 2005, following trial without a jury,
transcription of the testimony and review of the testimony adduced, we find in favor of the
plaintiff, Donald E. Moats, Jr. and against the defendant Keystone Auto Exchange Sales, Inc.,
d/b/a Auto-Max of Carlisle in the amount of $14,209.98.
Kirstin M. Sweigard, Esquire
For the Plaintiffs
, /lJ
Stephanie E. DiVittore, Esquire
For the Defendant
Court Administrator
:rlm
DONALD E. MOATS, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CNIL ACTION - LAW
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a AUTO-MAX
OF CARLISLE,
Defendant
02-3381 CNIL
IN RE: DEFENDANT'S MOTION FOR POST-TRIAL RELIEF
BEFORE HESS. J
ORDER
AND NOW, this 2,e day of June, 2005, following careful consideration of the briefs
filed by the parties and the argument thereon, the motion of the defendant for post-trial relief is
DENIED.
BY THE COURT,
Kirsten M. Sweigard, Esquire
For the Plaintiff
Stephanie E. DiVittore, Esquire
For the Defendant
:rlm
TRUE COPY FROM R~CORI)
In TMtlmony Whereof, I here unttl S8I my llano
and the seallllf sald~CariisIe, Pa.
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DONALD E. MOATS, JR.
Plaintiff,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION LAW
:NO. 02-3381 Civil Term
v.
KEYSTONE AUTO EXCHANGE
SALES, INC. d/b/a! AUTO-MAX OF :
CARLISLE,
Defendant.
TO: AUTO-MAX OF CARLISLE, Defendant
Pursuant to Rule 236, please be advised that the Court has entered a Judgment
in the above-entitled proceeding, and a copy thereof is enclosed.
Dated:
<6 ~/. c:J~
/isl a,L. /. ~
Prothonotary /,e~
I hereby certify that the name and address ofthe proper person to receive this
notice is:
Stephanie E. DiVittore, Esq.
RHOADS & SINON LLP
One South Market Square
P.O. Box 1146
Harrisburg, P A 17108-1146
Date: ~l1/0C
'-I/~uti~ ILI(z{jlu~
Kirstin M. Sweigard
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML DIVISION
PRAECIPE FOR WRIT OF EXECUTION
DONALD E. MOATS, JR.
Plaintiff,
v.
: ( ) Confessed Judgment
: ( ) Other
: NO. 02-3381 Civil Term
: Amount Dne: $14,209.98
: Interest:
: Atty's Comm:
: Costs:
KEYSTONE AUTO EXCHANGE SALES
VIe. dill/II AUTO-MAX OF CARLISLE
Defendant
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does, it is
based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and
for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for
debt, interest and costs, upon the following described property of the defendant: any and all
personal propertY found at 1110 Harrisburg Pike. Carlisle. Cumberland County. Pennsylvania
170\3.
Date: 6-'/1,Icc::
'-Ijl~/~ ill ~f~pAd
Kirstin M. Sweigard, Esq.
P.O. Box 1168
Camp Hill, P A 1700 I
(717) 932-4646
ID No. 83801
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-3381 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DONALD E. MOATS, JR. Plaintiff (s)
From KEYSTONE AUTO EXCHANGE SALES INC D/B/A AUTO-MAX OF CARLISLE
(I) You are directed to levy upon the property of the defendant (s)and to sell any and all personal
property fonnd at 1110 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania
17013
(2)
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $14,209.98
L.L.$.50
Interest
Atty's Comrn %
Alty Paid $92.00
Other Costs
Plaintiff Paid
Due Prothy $1.00
Date: August 9, 2005
CURTIS R. LONG
(Seal)
Prothonotary
By: '1;""<3
r X/;?/M 9-f
Deputy
REQUESTING PARTY:
Name Kirstin M. Sweigard, Esq.
Address: P. O. Box 1168
Camp Hill, PA 17001
Attorney for: Plaintiff
Telephone: (717) 932-4646
Supreme Court ID No. 83801
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
v.
: ( ) Confessed Jndgment
: ( ) Other
: NO. 02-3381 Civil Term
: Amonnt Dne: Si4,489.98 1,'-1: r 0 '1'. q &"
: Interest:
: Atty's Comm:
: Costs: $2O&;6fl
DONALD E. MOATS, JR.
Plaintiff,
KEYSTONE AUTO EXCHANGE SALES
INC. d/b/a AUTO-MAX OF CARLISLE
Defendant
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does, it is
based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and
for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Dauphin County, for debt,
interest and costs, upon the following described property ofthe defendant: anv and all
personal propertY found at 4220 Jonestown Road. Harrisburg. Dauphin County. Pennsylvania
17109.
Date:
i/Y/Np
I I
,.{;!{?JI7I... ~/ b Z( /;/( c{
Kirs III M. Sweigard, Esq. }
P.O. Box 1168
Camp Hill, P A 17001
(717) 932-4646
ID No. 83801
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N002-3381 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF DAUPHIN COUNTY:
To satisfy the debt, interest and costs due DONALD E. MOATS, JR. Plaintiff (s)
From KEYSTONE AUTO EXCHANGE SALES INC. D/B/A AUTO-MAX OF CARLISLE
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY FOUND AT 4220 JONESTOWN ROAD, HARRISBURG,
DAUPHIN COUNTY, PA 17109.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$14,209.98
L.L.
Interest
Atty's Cornm
Atty Paid $155.84
Plaintiff Paid
Date: January 5, 2006
%
Due Prothy $1.00
Other Costs
?
Prothonota
7
(Seal)
By:
Deputy
REQUESTING PARTY:
Name Kristine M. Sweigard, Esq.
Address: P.O. Box 1168
CampHiII PA 17001
Attorney for: Plaintiff
Telephone: 717-932-4646
Supreme Court ID No. 83801
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Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff s Costs:
Advance Costs:
Sheriffs Costs:
150.00
46.34
$103.66
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
co
lD
18.00
1.30
.50
1.00
4.80
20.00
Refunded to Atty on 12/07/05
.74
46.34
(:~.- ('oj
'c'Sworncfd Subscribed to before me
This R~dayof
So Answers;
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By Claudia A. Brewbaker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-3381 Civil
CIVIL ACTION.. LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DONALD E. MOATS, JR. Plaintiff (s)
From KEYSTONE AUTO EXCHANGE SALES INC D/B/A AUTO-MAX OF CARLISLE
(I) You are directed to levy upou the property of the defendant (s)and to sell any and all personal
property found at 1110 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania
17013
(2)
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined ITom
paying any debt to or for the account of the defendant (8) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $14,209.98
1.1.$.50
Interest
Atty's Corum %
Ally Paid $92.00
Other Costs
Plaintiff Paid
Due Prothy $1.00
Date: August 9, 2005
CURTIS R. LONG
(Seal)
Prothonotary
By: ~~d
'<..>Y~ 9:1
Deputy
REQUESTING PARTY:
Name Kirstin M. Sweigard, Esq.
Address: P. O. Box 1168
Camp Hill, P A 17001
Attorney for: Plaintiff
Telephone: (717) 932-4646
Supreme Court ID No. 83801
---------