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Home My WebLink About95-03125 CHARLES V. KRITSCHOAU and PAMELA KRITSCHOAU, Plalntlffa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95- 3125 CIVIL ACTION r I va. FREDERICK HENRY, t/b/d/a, BEST AUTO SALES, BREACH OF WARRANTY Defendant RULE 1312.1, The Petition lor Appointment 01 Arbitrators shall be substantially In the lollowlng lorm: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: CAROL J, LINDSAY. ESQUIRE, counsellor the Plaintiff In the above action. respectfully ,epresents that: 1, The above. captioned action is at Issue, 2, The claim 01 the Plalntlfl in the action is $ $ I~ J ,D~ ,,/I f.m~ j, LllJ.,f~ , The lollowlng attorneys are interested In the case as counselor are otherwise disqualified to sit aa .rbltr.tora: Allen C, Welch, ESQuire. 01 CostoDoulos, Foster & Fields, of B31 Market Street, p, 0, BDx 222. LemDvne. PA 17043 The counter. claim 01 the Defendant In the action is WHEREFORE. your Petitioner prays your Honorable Court to appoint three (31 ARBITRATORS tD whom the case shall be submitted, Respectfully submitted, / \ i[' ! /., " , " ... - ~ rI(/.-( . ,..~ Carol J,Lind9av. Esqulrd Attorney for Plaintiffs t . i;~. ~~~.( J 1,/ , I l' l._ J. illli i / i / ,. " J " ./. O~DER OF COURT ( , . 19 / 'J . in consideration of the foregoing Petition, _ J / / . Esquire; :,.. I I ,\ I,;: J, jj'illLAI, Eaqulre; . Esquire are appointed arbitrators In the above. captioned ectlon and , / '/ as prayed lor. By the fourt JsL \ ( " ,\ ( \Lf - P. J. r;; \-. - (>. \.J ';=-'. r--t .' . ry ~:\ ,,~. r;'\ ~ .. I, .... ...... , <, " U\ . -- . ;'-c u, U', q ..., !fl !. '" "J :iJ .0 \1 'I 'I LIfE filt , ") , .1 a~ \/i, ,\, ') '" :!j 1:. I ..-, ". - @ (~, 1 .. I , " :.j t..'1 ~ -, r.,) ! \ (. ('\ ' \ ~ , , ,'j ~ . ~I: ~. .' :r:: t>-.o ~ " -El .. , " Ul ~ P1 - ~ lL " ~ cIJ :5 ~n~ d~ c ~ ~ ~h~ o ~ ~ 5 c gill ~ ! ~ u ~i , ' CHARLES V. KRITSCHGAU and PAMELA KRITSCHGAU, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 95-3125 Civil Action FREDERICK HENRY, t/d/b/a BEST AUTO SALES, Defendant BREACH OF WARRANTY v. JONES MOTOR CARS LTD., Additional 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 aotion 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 olaims 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 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, COURT ADMINISTRATOR, 4th Floor CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 PHONE: (717) 240-6200 CHARLES V. KRITSCIlOAU and PAMELA KRITSCIIOAU, Plaintiffs IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 95-3125 Civil Action FREDERICK HENRY, t/d/b/a BEST AUTO SALES, Defendant BREACH OF WARRANTY v. JONES MOTOR CARS LTD., Additional Defendant JURY TRIAL DEMANDED COMPLA~'-:;/~~A D:::n::~:~.(t::~:I;~ HENRY ADDITIONAL DBFBNDANT JONES MOTOR CO. INC. AND NOW comes the Defendant, Frederick Henry, t/d/b/a Best Auto Sales, by and through his attorney, Allen C, Welch, Esquire, and respectfully represents as follows in support of this complaint I 1. Additional Defendant, Jones Motor Cars Ltd" is a corporation duly operating in the Commonwealth of Pennsylvania and engaged in the business of buying and selling motor vehicles with its main office located at 6250 Carlisle Pike, Mechanicsburg, Cumberland County, psnnsylvania 17055. 2. Plaintiffs instituted this action against Defendant alleging a breach of warranty regarding their purchase of a 1994 OMC Jimmy vehicle (VtN #10KDT13W4R2511523) from Defendant on or about May 6, 1994. A copy of Plaintiffs' complaint is attached as Exhibit "A". 3. According to Plaintiff's complaint, said vehicle was seized by the Pennsylvania State Police as a stolen vehicle on or about October 13, 1994. 4. Plaintiffs allege in their complaint that Defendant has breached the warranties of title regarding said vehicle and, therefore, that Defendant owes them $18,732.00. 5, Defendant denies having had any knowledge that said vehicle was stolen, Defendant made all reasonable efforts to determine whether vehicle was stolen prior to selling it to Plaintiffs and, therefore, Defendant denies liability to Plaintiffs for loss of said vehicle or its use. 6. On or about April 12, 1994, Defendant purchased the aforementioned vehicle from Additional Defendant, Jones Motor Cars Ltd. A copy of the Certificate of Title for a Vehicle, showing the aforementioned vehicle's transfer from Jones Motor Cars to Defendant to Plaintiffs is attached as Exhibit "8". 7. At the time of sale, Additional Defendant, Jones Motor Cars Ltd" impliedly and/or expressly represented to Defendant that said vehicle had a clear and free title and was not stolen. 8. Additional Defendant, Jones Motor Cars Ltd., sold said vehicle and Defendant purchased it under the warranties of title set forth in the Pennsylvania Commercial Code at ~ 2312 and ~ 7507 (13 Pa.C.S. ~ 2312 and ~ 7507), 9. Defendant then sold said vehicle to Plaintiffs on or about May 6, 1994, which vehicle was seized by the Pennsylvania State Police as a stolen vehicle on or about October 13, 1994. 10. If it is determined that there was any breach of the warranties of title by Defendant, then it is averred that the Additional Defendant, Jones Motor Cars Ltd., is responsible in that the Additional Defendant Bold said vehicle to Defendant under the same warranties of title, representing that said vehicle had a clear and free title and was not stolen, and, as such, the Additional Defendant is alone liable to Plaintiffs for any and all damages claimed, or is jointly and severally liable with Defendant, or is liable over to Defendant for indemnification and/or contribution, any and all liability on the part of Defendant being expressly denied, WHEREFORE, Defendant, Frederick Henry, t/d/b/a Best Auto Sales, hereby demands I 1) Judgment in his favor, together with costsl 2) Judgmont that, if there is any liability to Plaintiffs, Additional Defendant is solely liable to Plaintiffsl and 3) In the event that a verdict is recovered by Plaintiffs against Defendant, that Defendant may have judgment over and against Additional Defendant by way of indemnification and/or contribution for the amount recovered by Plaintiffs against Defendant, together with costs. RESPECTFULLY SUBMITTED I C1kC~ cQo_. Allen C. Welch, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O, Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 ATTORNEY FOR DEFENDANT VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~d/L~.~ <if ~ ---- Frederick Henr' -' Dated. t:. - Z '? - J' ,r ,..".,.,.....-- .. .~....--"--"u>>. '%; Ind PAME~ KRITlCHOAU,'., Plllntlnl CUMBERLAND COUNTY, PENNSYLVANIA NO. 85- .31 ~S'" CIVIL ACTION BREACH OF WARRANTY , ~Ul YOU HAVE BEEN IUED IN COURT. If you wish to defend against the claims set forth In the following pages, you mUlt take Ictlon within twenty (20) days after thll Complaint and notice are served by entering a written Ippearance 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 fill to do 10, the CI.. may proc..d 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 r.lI.f 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 8ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator, Fourth Floor . . Cumberland County Court House One Courthouse Square Carlisle, I'ennsylvanla 17013 (717) 240-6200 FLOWER, MORGENTHAL, FLOWER' LINDSAY, P.C. Attorn.VI for the Plllntlff ''. '--. /. (i By U(~(tL~ " ~/.{'7 Carol J. \Jndsay; ESquire 10 * 44693/ 11 East High Street Carlisle, PA 17013 (717) 243.5513 E'f' tIll \\ VI. FREDERICK HENRY, IIb/d/l, IE8T AUTO IALEI, D.f.ndlnt wmc.E ry .1,: .,p"., ,:irt",1I1 ,; " '. ~~' .. ~l:'J", i'k .'.', '"":/ft.........-. . . ~ ') . "'\' ,I. .j " ,': .. CHARLES V. KRITSCHGAU and PAMELA KRITSCHGAU. Plalntlffl IN THE COURT OF COMMON PLEAt 0' CUMBERLAND COUNlY, PENNSYLVANIA NO. 15- 3':15" CIVIL ACTION I I i I I VI. FREDERICK HENRY. Vb/d/I. BEST AUTO SALES, BREACH OF WARRANTY D.f.ndant " ,'. ~ .: ,', ""f-I"- NOW comes Charles V. Krltschgau and Pamela Krltschgau, by and through their attorneYl, FLOWER, MORGENTHAL, FLOWER & UNDSAY, P.C. and rllpectfully r.pr...ntl al followl: 1. Plaintiffs are Charlel V. Kritschgau and Pamela Krlt.chgau, both adult., who r"ldl at 40 Oak Park Avenue, Carll.le, Cumberland County, P.nn.ylvanla. 2, Dlfendant I. Frederick Henry, an adult Individual, trldlng and doing bu.ln... II allt Auto Sales, with an address at 1702 Ha,rlsburg Pike, Carlisle, Cumberland County, Penn.ylvanla. 3. On or about May 6,1994, Defendant sold to Plaintiff. a 1994 GMC Jimmy vehicle with a VIN of 1GKDT13W4R2511523 for a price of $17,600.00 with tax and closing co.ts and documentary ch~r;es of $1,132,00 for a total cost of $18,732,00. A copy of the Sales-Order I. attached herato as Exhibit "A'. 4, Plaintiffs financed said vehicle with a loan from Defense Activities Federal Cr.dlt Union. 5. Defendant sold said vehicle and Plaintiffs purchased the same with warranties of tltl. pursuant to 13 Pa. C.S.A. 52312 and 57507. ',u'.- . f~.'" . , , ......~...... ... _. _..' 4', 6. On or about October 13, 1994, said vehicle was seized by the Pennsylvania State Police as a atolen vehlcl.. 7. Within on. week of the seizure of said vehicle, Plaintiffs notified Defendant of the breach of warranties of tltle. 8. M a re.u~ of D.fendant's breach of the said warranties, Plaintiffs have suff.red lOll of the v.hlcle, los. of thl us. of the vehicle, and Interllt due and owing on the loan to DAFCU. WHEREFORE, Petitioners pray this Honorable Court to entlr ludgmlnt for PI~~~~t1~;" ~ .galn.t Defendant for $18,732.00 with the costs Incurred by Plaintiffs In Interest and 1011 of use, an amount r.qulrlng arbitration. FLOWER, MOROENTHAL FLOWER. UNDIAV, P.C. Attorney' for Plalntl"' By: Carol J. Un say, Esquire 10 (I 44693 11 East High Street Carll. Ie, PA 17013 (717) 243.5513 Date: & (1 [9J- I '. " " a .. .~ ... ...,.......... , "'I '" ..0-",. IN THE COURT OF COMMON PLEAI 0,. CUMBERLAND COUNTY, PENNIVLVAHIA LIII V. KRITBCHOAU PAMELA KRITBCHOAU, Plllntl"1 CIVIL ACTION NO. ,5- VI. FREDERICK HENRY, Vb/d/I, IEIT AUTO IALEI, BREACH OF WARRANTY Dlfendlnt ...,\~I--I-.. "~"M - -... ". Y.E8lf.lCAI1QN , I, thl underalgned, hereby verify that the Itatementl madl herein are true and correct. I understand that fa'ae ltatementl herein are made subject to the penaltl.. of 18 Pa. C.S, , 4&04, relating to unlworn falllflcatlon to authorltl... QL~~~ Chari.. V. KrltlChgau Olte:+ q /qqg .. . .. - . '1.-" . ~- ~-- j .: :1 t .., , )l"'~ ,- ,...................:>T. . "".... ....... '.- ""', '...... .. :,t . .'- L ' . '. ' .' . ',' ", . .'~.ff'c.l'l{~,~,:,f,':-.:. . .'. " 'illl' " . 'I. . ~:.. ...1 ...._ . EXHIBIT "A" , !'.I!', . ---... -"-' f .. lu.~.;,v."t,.; 1--".,. ..... :" ...... ..,.::.... - of ............-----....-....... .. , , , ~, . ..'..,' .. .. ..., '. " I .ht,..r ".j,.._ ....... "-*'''''. aNll~_Il&l I 'AVOR OF: I ~ \ . " t~...(. .., INIUfWlCI CO. AGENT TOTAL TAlC o Cl LESS BALANCE OWING TO. b CLOSING COSTS DOCUMENTARV CHARGE AND FEES TOTAL CASH DEUVERED PRICE c " I D I T S CAlH DEl'OIIt MITTID WITH ORDER ALLOWANCE FOR USED CAR TRADE,IN AS APPRAISED CASH TO BE PAID" T 111011 OF DEUVERV DESCRIPTION OF TRADE VIAll MAKI MODEL lYPl SERIAL NO. UCENSE NO. 11nE NO, IALESMAN BIGNED PURCHAI APPROVED . ADDRESS So' a 0 AI.( 1HII_~ II NOT VAUl UlUII IIClNiIl AHlI ACCUTID IV DIAWI CITY r,4~ t, s t t _ BTATE~ ZIP RES, PHONE '?V)'-I""'? BUS, PHONE fj'A1(.( f}u!... IV ~laT TO IA TI"ACTO',",' 1:"10" AA fINO no', - ~ CREDIT APPROVED r"o' ,'~. . .,;, "",.,""F'"............./W~""IJ,. '" " .. . , ' ''l'''' ......, ~..!.::":t~__ ~ .............. '......... .. .....,............ .<1';", ':! O .........-.,............ w,~f 0 ..01..11.1""-... W\........._~..... ~~.Ml~ "WI......... ...1"" thl' 1t4......... II.... ..........~...... HI.....""'.....tty 10""-""'101'" ll't't<IIil.l. ,.".......... lu8lCAlIlO AND tWORN 10 IHORI ME "" 'IAR """_''''.._....,w-.......p_. .." ' ""., ',' '1", 'X'..-n~. ",;6;"', t ", ','I' "'1",1.", , ." '.1 ,F,' ,I"~ 'F _':"_,___ ............ N................ IINM_II... ..............-.. 0.......1..._1..-... 0 '''Ol"tdlOll!MNtl' "'.."...........efIInetl_. .'""",,00""''''11111011''''''. l'WlIw_ nllltt ',..1 u. \III'Iat. It" to..." ___, a<ct....l_.,..,.. .....ll, ....."'......Ihf..F.....i._.......... tullCRlIlD AND 'WOR~ to_aFORE Ml , '" II" ,..II~, ... ,'W "'1 .. ".'_. ~""""".l ,.. ...."...., ""'" It . ~ . ' , 'l~1' I --_1___ oX. ....1."'..'ltclIll\f..I..IIIIflI..,..'.......ll:1I ...."... ~ ll'.Ictllu...""bCI'.'. "'""II O ""11(11 ,.. "_'ll ~ -. 0 ill ,,{)II.. ,<I~. -.... '" '01'" I' U ....<~..'.."1fnII1 l'lIlH"ljG D.IumII" .lIc~""'" I I'v..,l",l<tt' fto'd, "," tf" .,.,,,,,.,,,,.. vl..., ___""ff'IIl'II_...,."" .....'.... 1o.......'...W.UlI..'.....I.,'" "............. WI "" >All '. IlWU f .:JII,~l~.~t'V'/,j; .;,\, ~{......',.. ;-. .. .. : -I~' ...-. ,'I , I:.t".l.t~, " "', ,', "~11 .. --- ...... - '.... '..W; ~': .. . ~ CiO"""*'"AtI......'i.*lI UIlC"'~' MUIt IIII'D~.lIl1:.". ~:~"\\I:..t1 IlM :.1 ". ,1 . I CU'VAtKfoU. ~\~Il 0" 1""1 .. ~."/oI.I~ W'l.IfIl."AtIIl.Ili....'uIlf: "'IlIOfllllll ,~:~:W:~~"UH 1.l.l_e.F....11I 1:,~,IJ~. ,., llA', .. ~-'~~-~:".:' "!" .,..; ~ 1l......1~ \ lf1T.1l1mr ll'P'f.t.;....."lIlu.' t.".,........ 'II 0;1""11 .,."". ...... PI h, II " ' '"I. i.'..'.:...., . ' --- "'... .., I' ,.', , '.~ J. .~ I r/~.:..,'1. :,' ''-; i . , .,' "'-"'C......"'ICf ... UIlI>>l '". -1:,'j;t,iT)" .~ ii1 -: .:"V;:'Y'1 .' ",- .. ",' "'j' , ,1~\I'\W',t\. F' ,";.1,:,'" . " ~, ')l~::' " t.,' r !l: I: ." ;"i 11/",ll f: ' HI- !il 'I" "[ :" ili-l , ! W!' .\',; . ! r , " i"', ,i' '..,' r\ j -_ ). ! ~ I I I 'I' "' 'il I. , r, ,If!' II I if . , J' " l'jCj i':' ,1 ]' 'i ,! rAfd L ., rot l] .\!lll f ""\lId !;_t I" " '. >1. , , , ~JI \I: , . ! , ",t']<=- I 1;\ " , i, " ,Pi j , , . i . r ! , !-. ill \~ ,\ ; -j! ;\'1 , , I",r. 10 I' , ii, ',; 1.!' il,-' "t ',I . ji, ,. 4,. ,l'" " ^! ! !.-j \" 1 II !i,l, , -t-" ,~ ,....., ::?'. "...;.' 7. rV"" '" ' ~f( A //-- ;I /it'?/: 7 '. Cf--<-- :J3fA t;( " y..(1.<.- 0 .)l~'!4" I~' Ii' CHARLES V. KRITSCHGAU and PAMELA KRITSCHGAU, Plaint if fs IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 95-3125 Civil Action FREDERICK HENRY, t/d/b/a BEST AUTO SALES, Defendant BREACH OF WARRANTY v. JONES MOTOR CARS LTD., Additional Defendant JURY TRIAL DEMANDED ANSWER NITH NEW MATTER OF DEF~ FARnBRICK HENRY t\d\b\a BEST AUTO AA,~g AND NOW comes the Defendant, Frederick Henry, t/d/b/a Best Auto Sales, by and through his attorney, Allen C, Welch, Esquire, and rsspectfully represents as follows in support of this Answer with New Matterl Answer 1. Admitted. 2. Admitted. 3. Admitted. 4. Upon reasonable investigation, Defendant lacks sufficient information to admit or deny this allegation and, therefore, it is deemed denied. 5. This allegation constitutes a legal conclusion to which no response is required, Should a response be deemed required, said allegation is denied, Strict proof demanded at trial, 6. Admitted. By way of further answer, the Pennsylvania State Police have unequivocally exonerated Defendant from any criminal wrongdoing in this matter. 7. Admitted. 8, Upon reasonable investigation, Defendant lacks sufficient information to admit or deny this allegation and, therefore, it is deemed denied. New Matter 9, Defendant purchased the aforementioned vehicle from Jones Motor Cars Ltd., 6250 Carlisle Pike, Mechanicsburg, Pennsylvania 17055, on or about April 12, 1994. 10. At the time of the purchase, Jones Motor Cars Ltd, impliedly and/or expressly represented that said vehicle had a clear and free title and was not stolen, 11. Defendant nonetheless ran a check of the vehicle's VIN number in order to ensure that it was not stolen and said inquiry revealed a negative response. 12. On or about October 13, 1994, the Pennsylvania State Police seized the vehicle upon discovering it was part of a large stolen motor vehicle ring operating from Canada. 13. Defendant has never been implicated of any wrongdoing and, in fact, the Pennsylvania State Police have completely exonerated him and Beat Auto Sales from any knowledge that the vehicle was stolen. 14. Defendant has made a claim under his automobile dealer's bond with The Ohio Casualty Group as to the stolen vehicle but said claim has been denied. 15. Defendant has joined, as additional defendant, Jones Motor Cars Ltd., who is liable over to Defendant on Plaintiff's cause of action. WHEREFORE, Defendant, Frederick Henry, t/d/b/a Best Auto Sales, hereby demands judgment in his favor in this matter. RESPECTFULLY SUBMITTED. ctlLc_~ Allen C. Welch, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Phone I (717) 761-2121 ATTORNEY FOR DEFENDANT " ,1 ~~ ,.....-? ; " - .'~<1""-~;~ , 1" ,...---, ;;.;'1 '/ '//1 ;;//(.'1)/ / It[:. · . . ~ / I,' '/ , " " t:\wpSl\<jI\krill<hp..n>nI Rio' 4614-95.01 CHARLES V, KRITSCHGAU and PAMELA KRITSCHGAU, Plllntml IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95. 3 I .I. ,., CIVIL ACTION VI. FREDERICK HENRY, Vb/d/I, BEST AUTO SALES, BREACH OF WARRANTY Defendlnt 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 alter 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 fall 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 LAWVER AT ONCE. IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator, Fourth Floor Cumberland County Court House One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240.6200 FLOWER, MORGENTHAL, FLOWER' LINDSAY, P.C. AttorneYI for the Plllntl" By I -,"..... I , Carol J, I)ndsay, tsqulre 10 (; 44693./ 11 East High Street Cerllsle, PA 17013 (717) 243.5513 t-. , r:\wp.ll\rjl\krill<h...,rum m., ~6\4-V5~)1 CHARLES V. KRITSCHGAU and PAMELA KRIT8CHGAU, Plalnt,"a IN THE COURT OF COMMON PLEAt OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 85- .~ I J.S CIVIL ACTION VI. FREDERICK HENRY, Vb/d/I, BEST AUTO SALES, BREACH OF WARRANTY Del.ndant COMfI.AINI NOW comes Charles V. Krltschgau and Pamela Krltschgau, by and through their attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY, P,C, and respectfully represents ae lollows: 1. Plaintiffs are Charles V. Krltschgau and Pamela Krltschgau, both adults, who reside at 40 Oak Park Avenue, Carlisle, Cumberland County, Pennsylvania. 2, Delendant Is Frederick Henry, an adult Individual, trading and doing buslnees as B.st Auto Sales, with an address at 1702 Harrisburg Pike, Carlisle, Cumberland County. Pennsylvania, 3. On or about May 6,1994, Defendant sold to Plaintiffs a 1994 GMC Jimmy vehicle with a VIN of 1GKDT13W4R2511523 for a price of $17,600,00 with tax and closing costs and documentary charges of $1,132,00 for a total cost of $18,732,00, A copy of the Sales Order Is attached hereto as Exhibit "A", 4. Plalntllls financed said vehicle with a loan from Defense Actlvltlel Federal Credit Union, 5, Defendant sold said vehicle and Plaintiffs purchased the ssme with warranties of title pursuant to 13 Pa. C,S,A, 82312 and 87507, , , r:\wp5I\<jI\krillth..."om Rio' 4614.9HI 6, On or about October 13, 1994, said vehicle was seized by the Pennsylvania State Police as a stolen vehicle. 7, Within one week of tha seizure of said vehicle, Plaintiffs notified Defendant of the breach of warranties of title. 8, As a result of Defendant's breach of the said warranties, Plslntlffs have suffered loss of the vehicle, losl of the use of the vehicle, and Interest due and owing on the loan to DAFCU. WHEREFORE, Petitioners pray this Honorable Court to enter Judgment for Plaintiffs and against Defendant for $18,732.00 with the costs Incurred by Plaintiffs In Interest and loss of use, an amount requiring arbitration. FLOWER, MORQENTHAL FLOWER" UNDIAY, P.C. Attorn.y. for P1alntln. By: I, Carol J. Un ay, Esquire 10 /I 44693 11 East High Street Carlisle, PA 17013 (717) 243.5513 Date: wl'llq~- I I J . c:\wpSl\tjl\krilldopu,COIlI m. I 4614-9S.o1 CHARLES V. KRITSCHOAU Ind PAMELA KRITSCHOAU, Plllntlffl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95- CIVIL ACTION VI, FREDERICK HENRY, Vb/d/I, BEST AUTO SALES, BREACH OF WARRANTY D.f.ndlnt muEJC.AIlON I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,9. S 4904, relating to unsworn falsification to authorities, CLIQvJfj)~~ . Charles V. Krlt hgau Date:4.u-....t If /qqs J EXHIBIT "A" SERIAL NO, /6- BEST AUTO SALES .a..t VehIcles · aesl Prices, . Besi Sorvlce PURCHASERjSI NAME l ~ A {I. L l. J> V PLEASE ENTER Iof1 ORDER FOR ONE YEAR MAKE 1702 Harrisburg Pike Carlisle, PA 17013 (717) 243.2713 18 1!L '"'" 2..s 11.:.- 2. ~ 11 CASH PRICE OF CAR () 00 INCUMlERANCE: . FAVOR OF: INSURANCE CO, (.) AGENT LESS BALANCE OWING TO . h TOTAL o OQ TAlC CLOSING COSTS DOCUMENTARY CHARGE AND FEES TOTAL CASH DEUVERED PRICE o R I D I T 8 CASH DEPOSIT SUBMITTED WITH ORDER ALLOWANCE FOR USED CAR TRADE.IN AS APPRAISED CASH TO BE PAID AT TIME OF DELIVERV DESCRIPTION OF TRADE MAKE MODEL TYPE SERIAL NO. LICENSE NO, nnE NO. SALESMAN SIGNED PURCHASER APPROVED ADDRIiSS Yo Ottl,( lHII DIlllIft" NOr VALlO UtUIlIIO"ED A"D ACCEPrlD IY DEALER BV . CllY .oOlI./S I. I SUIIICI rO..lIS/ACIOnyeRIDlr RArING CREDIT APPROVED RES PIlOflE '?V j'./ PI? f;IlK f)ut.. STATE~ ZIP BUS,PHONE 1?01, - rvy.4 ..IlL........,.... No , CHARLES V. KRITSCHOAU and PAMELA KRITSCHOAU, Plllntml IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 85- 3125 CIVIL ACTION va. FREDERICK HENRY, Vb/d/l, BEST AUTO SALES, BREACH OF WARRANTY D,'.ndlnt VI. JONES MOTOR CARS LTD., Addltlonll D.t.ndlnt JURY TRIAL DEMANDED NOW come Charles V, Krltschgau and Pamela Krltschgau, Plaintiffs, and reply to the New Malter o' De'endant Frederick Henry, Vb/d/a, Best Auto Sales, as 'ollows: 9. After reasonable Investigation, Plaintiffs are without In'ormatlon sufficient to torm a belle' as to the truth o' the averment, and It Is there'ore denied. 10. After reasonable Investigation, Plaintiffs are without In'ormatlon sufficient to 'orm a belle' as to the truth o' the averment, and It Is therefore denied. 11. After reasonable Investigation, Plaintiffs are without Information sufficient to torm a belief as to the truth of the averment, and It Is therefore denied, 12, After reasonable Investigation, Plaintiffs are without Information sufficient to form a belief as to the truth of the averment, and It Is therefore denied, 13, After reasonable Investigation, PIDlntlffs are without Information sufficient to form a belief as to the truth of the averment, and It Is therefore denied, lI\11riUr......... 11Io' 14. Alter reasonable Investigation, Plaintiffs are without Information sufficient to form a belief as to the truth of the averment, and It Is therefore denied, 15, Admitted that Defendant has adjoined Jones Motor Cars Ltd. as an Additional Defendant. Alter reasonable Investigation, PlaintiffS are without Information sufficient to form a belief as to whether Additional Defendant Is liable over to Defendant on Plaintiffs' cause of action, WHEREFORE, Plaintiffs demand a judgment In their favor, FLOWER, MOROENTHAL FLOWER. L1NDIAY, P.C. AttorneYI for Plaintiffs ,,- By: I' . LtU , " arol J. Un y, Esquire e. .,_-' 10 {I 44693 11 East High Str..t Carlisle, PA 17013 (717) 243.5513 2 1I1kri11r....,... lit, ~ I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penaltle. of 18 Pa, C,S, I 4904, relating to unsworn falsification to authorities, \ ',_().\.I..'.. , Date: j,-J" \"1/ \J () SO I _J J .,IlrlIodpe.... lilt, CHARLES V. KRITSCHOAU Ind PAMELA KRITSCHOAU, Plllntlnl IN THE COURT OF COMMON PLEAI OF CUMBERLAND COUN1Y, PENNSYLVANIA NO, 85- 3125 CIVIL AcnON VI. FREDERICK HENRY, Vb/d/I, BElT AUTO SALES, BREACH OF WARRANTY D.f.ndlnt V,. JONEI MOTOR CARl LTD" Addltlonll D.f.ndlnt JURY TRIAL DEMANDED AND now, this / '! day of '7}'-LL 7 ' 1995, I, Carol J. UndslY, Esquire, of the law firm of FLOWER, MORGENTHAL, FLOWER & UNOSAY Attorney., hereby certify that I served the within Reply to New Matter this day by depositing same In the United Stlt.. Mall, Fll'lt Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to: Allen C. Welch, Esquire COITOPOULOI, FalTER. FIELDS 831 Market Street, P.O, Box 222 Lemoyne, PA 17043 Jones Motor Cars Ltd. 6250 Carlisle Pike Mechanlcsburg, PA 17055 FLOWER, MOROENTHAL FLOWER. L1NDIAY Attorn.y. for Plllntln. By: /' / !>- arol J. Undsa Esquire . " /10 II 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 r " -";111\1\1.1'.:1 V. 1\1\ I IOl.IHJIUJ lUlU IWllil.A Kill TSl:IIl:^t1, PlalnllffH , ) ) ) ) ) \e, - cu.blrland COUDt" 'eDDlylvlntl VH. 110.95-11,5 CivIl ^cllun l' IlIlEM:1I OF WAIUL\N'l'Y FIlEUEIlICK IIENIl\' , l/d/h/a BhST ^UTO SALES, '01' uer,,"danl, OATH 1'"",e:~ "".1"~ '~ttS l. t p'\.u,~,,'.,.1 I 'n..t........... t Ve '0 lols.nl, IVllr (or Ifrsre) thlt VI vlll lupport, oblY In' 'efla' &bl Coaltltutlon of the Ualted 'tatll la' thl Coaltltutl.. of tbll CoIaon- ..11th ~ thlt VI vlll 'I.chlr,. th. 'utiel of our off c. vith fi'ellty. I',' ,', ~k . , I: , ( " ., ,:ho Irmall '':1/-..." " AWAlD Ve, the ua'erli,al' Irbitrltorl, hlvla, be.a 'uly eppointl' la' lVora (or IfUned) , uke thl foUowia, av.rd I (Motll If ....,.. for 'lllY Ire Ivardl', they lball be leplrltel, Itlte'.) Wt !.....i' "'not.,f' Pl~...~:rl .,..s'1' ))t' "..11...1 n...1. A.lJ,:j,i>f'.R 0", flJl'..!....:;t ~ (k " ......,,; vf ~ ;11, V 'it. ''7 ~ 0.. 1k o....,A...r( (",'l( "S '41&'t'7JJ.,'" ,~tN'J" <1~ '/jjJ.'1 "...,( ... ) , .J 11.)" '''' +;,,,. ,'..1'1 .......Il' :) . Arbltr.tor, .I..entl. (Insert name If IppllClble. ) Date of Hlartnll Date of Avar'l 1 /!!J''- '1/11 1'1' , NOTICE or ENTRY OF AWARD Now, thel.'1.lA...y of ",))(",,\.. ,19'1t.. at:!..!2..., ..c..H., the above IVIr' VII entared upon thl docket Ind notice thereof liven by sail to the partial or th.ir attoraeYI. Arbitratorl' compenlltion to be paid upon applall t< . .J ~,b, .- .1.;" 00..', r!' /,J.fk,,- Prothl?notary .l/d,;) {('D~:t;u, BYI ./ " " "l'lI.t~("llIII~' !t.1 ~t). .',)/to t i- ('j 1, I' .,If/./ " ...... II i~' .J /,.". ro( . II' - " _t,;> ...iv" ",> :1 ..,,,.Ir, d /'/1 :j t t ~ .... ~, t,,:;:' "t l'f- ,~ \ CHARLES V. KRITSCHGAU and P.\MELA KRITSCHGAU, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 95-3125 Civil Action FREDERICK HENRY, t/d/b/a BEST AUTO SALES, Defendant BREACH OF WARRANTY v. JONES MOTOR CARS LTD., Additional Defendant JURY TRIAL DEMANDED NOTICB OF PRAECIPB FOR BNTRY OF JUDGMRNT 8F .n'" I'll" BY DBFAULT FOR FAILURE TO pr.RAn TO THE PROTHONOTARY I Kindly enter a judgment of II' '.. ." QS by default for failure to plead against the Additional Defendant, Jones Motor Cars, Ltd., in the above-captioned matter. I hereby certify that a written notice of intention to file this praecipe was mailed to Robert Chernicoff, Esquire, attorney for Additional Defendant, certified mail return receipt requested, on January 2, 1996, and that it was delivered on January 4, 1996, as indicated by the attached copy of the return receipt. Also attached is a copy of the written notice, BY: I A n C. Welch, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 ATTORNEY FOR DEFENDANT DATED I January 16, 1996. . CHARLES V. KRITSCHGAU and PAMELA KRITSCHGAU, Plaintiffs v. FREDERICK HENRY, t/d/b/a BEST AUTO SALES, Defendant v. JONES MOTOR CARS LTD., Additional Defendant I IN THE COURT OF COMMON PLEAS , I CUMBERLAND COUNTY, PENNSYLVANIA I I I No, 95-3125 Civil Action I I I BREACH OF WARRANTY I I I I I JURY TRIAL DEMANDED NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TOI JONES MOTOR CARS LTD. and Robert Chernicoff, Esquire 2320 North 2nd Street Harrisburg, PA 17110 IMPORTANT NOTICE YOU ARE, IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY 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) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELPI ' COURT ADMINISTRATOR, 4th Floor CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 PHONE, (717) 240-6200 BY, DATED I January 2, 1996. 't'r ~<<-cn,- Allen C. Welch, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street/p.O. Box 222 Lemoyne, PA 17043 Phone I (717) 761-2121 ATTORNEY FOR DEFENDANT '^"" _"Ce ^,' .. .,.,......... , ,'~ ,I, :1 : I" I " ., tk'~C)v...~ .IN" ".." II i I ; I 1 Ii i III 111Io wIIh 10 rUvllw ......1IMoM (lor III PlrlIIMI: 1. C Add,"'u', AddrtII I, C I'lIIlJ1It11 DIMrV 0anUl paMnlllIr lor.... , i, " , l I c "1;1" rid ):f 0elIIId I c ........ C InuId I C IIIiIII ..IAJoII.... C 000 .: I' I: , ~ , ,-, .- 'p'/ m I . I , .,/:1- '" ',',,:'i '. \,;.'.r j :'" "',..>' " I' """''''''1....'~_;._ ^~___,,~....._,._",,". .. .... " ',~i " ,~"t : '. t' , ' . , , :,":' t _._'~' .-.",,,,,,,~:.-,,,,,,,,,,,,,,,,..~p.'~-''''_:'''- .. .- \ I , I ! \ . ..- I , , i l \ .~~ l '.... ( ~.--~........"t*..,..~~-t --,!'L_ It,'"", "'",,-_..3""_' ..".'."" ,,--..-...,:. J;i....! ';<"', ".~,< FIIF.I).OFFICF. (,r: 'U: rl,.[t'C"lf)T/",'( .1- 'j '. r If'.II'_ l,v % "~,!ll G f\/11I130 CU!..ic,.ItL'; ,:) C~iu~m r":N"'~I\lI"t. l,:1,\,JII,.,'\ 1-1. f(j fH C t, (f)7 ~ ( IV 7L1t~ L ~ '~t "'- /-/(, .,? , ,'" . '''.r.. .f .l:o.. ~..':.:r~~' ~ ,t ""Iir j. i , '1 \ ti,~ -"--g~:...~J; .,- .' CIIARl.ES V, KRITSCIIGAII and PAMEl.A KRITSCIIGAU, Plaintiffs v, F1Wl>ERICK IIENRY, tldlbla BEST AUTO SALES. Dcfcndant v, : IN TilE COlJRT OF COMMON PLEAS : CUMBERl.AND CO" PENNSYLV ANIA : No. 95-3125 Civil Action : BREACII OF WARRANTY JONES MOTOR CARS, I.TI>,. Additional Defendant : JURY TRIAL DEMANDED TO TIlE PROTlIONOTARY: Kindly entcr satisfaction of judgment in the above-captioned mailer in nccordance with the Acknowledgment of Satisfaction executed by the Plaintiffs. Charles V, Kritschgau and Pamela Kritschgau, which document is attached hereto us Exhihit "A", BY: I>A'ln): Februury "l...:::..'L~, 2000, -.?t. _ L-- ..J,( ~ ~ Frederick lIenry, tld/b/a Best MIlo nics 1445 lIolly Pike Carlisle, I' A 17013 Phone: (717) 243-2713 DEFENDANT PRO SE _rill Mary 8NII1 """"" _,., PulIIIa Ilou1h __ton Toil.. CUIINIIInll CloIlnly MV CommlIIlon IIlIliMllal, U,IOIlI om r, #' . . , CHARLES V, KRITSCIIGALJ und PAMELA KRITSClIGAU, Pluintills : IN TilE COURT OF COMMON PLEAS : CUMBERLAND CO" PENNSYLVANIA : No, 95-3125 Civil Action v, FREDERICK IIENRY, lId/b/u HEST AUTO SALES, Defendunt : BREACII OF WARRANTY v. JONES MOTOR CARS. LTD., Additional Defendant : JURY TRIAL DEMANDED We, Charles V. Kritschgau and Pamela Kritschgau, the Plaintiffs in the above-captioned matter, do hereby acknowledge that we have received payment upon the judgment entered against the Defendant, Frederick Henry. tldlbla Best Auto Sales, on March 12, 1996, in full of debt, interest and costs; and we do hereby request and authorize the Prothonotary of Cumberland County to enter satisfaction upon the record, WITNESS our hand and seal on February / J , 2000: :1....-. E X III BIT "A" 17 IN ~~ ~ffJ J../cW::L ('IIARLES V. KRITSCIIGAU and PAMELA KIUTSCIIGAlJ. I'luinliffs : IN TilE COURT OF COMMON PLEAS : CUMBERLAND CO,. I'ENNSYL VANIA : No, 95-3125 Civil AClion v, FREDEIUCK IIENRY.l!d/b/u BEST AUTO SALES. Defendunl : BREACII OF WARRANTY v, JONES MOTOR CARS, LTD., Addilional Defendant : JURY TRIAL DEMANDED I, Frederick Henry, the Defendant. do hereby certify that a true and correct copy of this PRAECIPE TO ENTER SATISFACTION OF JUDGMENT was served on the I'laintiffs by placing sume in the United States Muil. flrsl class postuge prepaid, on the below dote. addressed to their home address, BY: :;2_.~~._ ,J ,( d-- - Frederick Henry. I/d/b/a BesT Auto s~es 1445 Holly Pike Carlisle. I' A t 7013 I'hone: (717) 243-2713 DEFENDANT I'lm SE ,;J. 1/. (J" DATED: February Z. -11- ,2000, , ~ Noll"" .... .... ~ ~ I'IaIo IoutIl f "C~OllIny My~ ",011."..1 ~ . ,- i \ :~ "l l . ~." f' ~ ., I' ~ .. ,.. . \ CHARLES V, KRITSCIIGAU and PAMELA KRITSCHGAU, Pluinti ITs : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : No. 95-3125 Civil Action v. FREDERICK HENRY, tld/b/a BEST AUTO SALES, Defendant : BREACH OF WARRANTY v. JONES MOTOR CARS, LTD., Additional Defendant : JURY TRIAL DEMANDED THIS AGREEMENT is made and entered into by and between the Plaintiffs, Charles V. Kritschgau and Pamela Kritschgau, husband and wife, hereinafter referred to as "the Kritschgau's," and the Defendant, Frederick Henry, tld/b/a Best Auto Sales, hereinafter referred to as "Fred Henry." WITNESSETH: WHEREAS, Fred Henry sold to the Kritschgau's a certain 1994 GMC Jimmy vehicle in or about May 1994; and WHEREAS, unbeknownst to Fred Henry, the aloresaid 1994 GMt' Jimmy vehicle had been stolen and was seized by the Pennsylvania State Police in or about October 1994; and Puge I or " WHEREAS, the Kritschgau's instituted the above-captioned civil action in the ('ourt of Common Pleas, Cumberland County, Pennsylvania. in order to recover their loss arising frol11lhe seizure of the afiJresllid 1994 GMC Jimmy vchicle; und WHEREAS, Fred Henry joined Jones Motor Curs, LId" from whom he purchased the aforesaid 1994 GMC' Jimmy vehicle, as an additional defendant und obtained a defaull judgment against it on or about January 16, 1996; and WHEREAS, the owner and operator of Jones Motor Cars, Ltd., was convicted and senlenced on rederal charges arising rrom the sale orthe aforesaid 1994 GMC Jimmy vehicle to Fred Henry as well as sales of stolen vehicles to others; and WHEREAS, the Kritschgau's obtained an arbitration award against Fred Henry, which judgment was entered upon the docket by the Prothonotary of I. Fred Ilenry agrees to transfer full ownership of and title in a certain 1991 Cumberland County on March 12. 1996; and WI1EREAS, the parties have expressed a mutual desire to settle this matter. NOW, THEREFORE. in consideration orthe mutual covenants herein contuined, und intending 10 be legally bound hereby, the parties agree liS rollows: Ford Explorer vehicle (VINII: 1 FM~lJ34X2MlJA 18833) to the Kritschgau's upon '\-' J) tJ\r:~l'lIgC 2 or 4 ;r execution of this agreement. 2. Fred lIenry fhrther agrees to pay the Kritschgau's the sum orThree Thousand Nine lIundred Eight Dollars and Seventy-three Cents ($3,908.73) upon execution of this agreement. 3. The Kritschguu's agree to request from the Commonwealth or Pennsylvania a refund in the sum of One Thousand Fitly-six Dollars and No Cents ($1,056.00), which is the amount of sales tax paid on the aforesaid 1994 GMC Jimmy vehicle at the time of purchase, and otherwise make a reasonable effort to recover such monies and, if and when they receive such monies from the Commonwealth of Pennsylvania, the Kritschgau's agree to pay this sum promptly to Fred Henry. 4, The Kritschgau's further agree, upon execution of this agreement, to execute an "Acknowledgment of Satisfaction of Judgment" fonn in order that Fred Henry may direct the Prothonotary of Cumberland County to enter a satisfaction of the judgment against him in accordance with the aforesaid acknowledgment and to assist him in any reasonable way in satisfying said judgment. 5, This agreement contains the entire agreement of the parties in this mailer. 6, This agreement shall not be modi lied or amended except by wrillen Page 3 of 4 ul.lrccl11cnl cxcculed by Ihe purlics hcrclo, IN WITNESS WIIEREOF, Ihc purlics hcrclo huvc cuuscd Ihis ul.lrccl11cnl to bc cxcculcd with thcir hund und scul on Ihc duy und ycur scl forth bclow: HJ { TilE KIUTSCIKJAU'S: \ 1 (. J FOR BEST AUTO SALES: ~ ,,,j H ......~ , Frcdcrick IIcnry .-- 0..12 ~.~.- Ilumela Krit.{hl.la DATED: Fcbruary I ( ,2000. "a - /(-,.jour) .1 PallO 4 of 4