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Home My WebLink About02-6188KLETT ROONEY LIEBER & SCHORLING P.C. By: David Ira Rosenbaum, Esquire Identification No. 52859 By: Catherine A. Hewett, Esquire Identification No. 82178 Two Logan Square, 12'hFloor 18' and Arch Streets Philadelphia, PA 19103 (215) 567-7500 VISTEON CORPORATION 4505 West 26 Mile Road Washington, MI 48094 Plaintiff V. ASHLEY E. BACHERT 100 Reed Drive Marysville, PA 17053 Defendant and COURTEOUS RENTAL, INC. 50 Market Street Lemoyne, PA 17043 Defendant Attorneys for Plaintiff Visteon Corporation Court of Common Pleas Cumberland County ?Jl V I J Term No. of ' L 0 O Jury Trial of 12 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 an attorney and by 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 AVISO I, a han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demands y la notificacion. Hace falta asentar una comparensencia escrita o co persona o con un abagada y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Seo avisado que si nested no se defiende, la corte tomara medidas u puede continuar la demanda en contra suya sin previo aviso o notificacion. relief requested by the KRLSPM:184570.1 any other claim or 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 OUR WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpia con todas las provisions de esta demanda. Usted puede perder dimero o sus propiedades u ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAT DONDE SE PUEDE CONSEQUIR ASESTENCIA LEGAL. Asociation De Licenciados De Cumberland Servicio De Referencia E Informacion Lega Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KRLSPHI:184570.1 KLETT ROONEY LIEBER & SCHORLING P.C. By: David Ira Rosenbaum, Esquire Identification No. 52859 By: Catherine A. Hewett, Esquire Identification No. 82178 Two Logan Square, 12'hFloor 18" and Arch Streets Philadelphia, PA 19103 (215) 567-7500 VISTEON CORPORATION 4505 West 26 Mile Road Washington, MI 48094 V. ASHLEY E. BACHERT 100 Reed Drive Marysville, PA 17053 and Plaintiff Defendant COURTEOUS RENTAL, INC. 50 Market Street Lemoyne, PA 17043 Defendant Attorneys for Plaintiff Visteon Corporation Court of Common Pleas Cumberland County Term No. Jury Trial of 12 Demanded COMPLAINT OF VISTEON CORPORATION AGAINST DEFENDANTS ASHLEY E. BACHERT AND COURTEOUS RENTAL INC. Plaintiff Visteon Corporation ("Visteon"), hereby files this complaint against Defendants Ashley E. Bachert and Courteous Rental, Inc. and in support thereof avers as follows: 1. PARTIES Upon information and belief, Defendant Ashley E. Bachert is an individual KRLSPH1:184570.1 residing at 100 Reed Drive, Maryville, Pennsylvania 17053. 2. Upon information and belief, Defendant Courteous Rental, Inc. is a Pennsylvania corporation with a principal place of business at 50 Market Street, Lemoyne, Pennsylvania 17043. II. PROCEDURAL AND FACTUAL BACKGROUND 3. Loretta Ferster commenced an action for injuries and damages sustained in a August 25, 2000 incident that occurred when a 2000 Ford Mustang operated by Defendant Ashley E. Bachert collided with the rear end of a 1992 Chevrolet Astro Van. See Plaintiff Loretta Ferster's Complaint in Ferster v. Visteon Automotive Corooration, August Term 2002, No. 004836 (C.P. Phila. Co. 2002) ("Ferster II"), attached as Exhibit A; Commonwealth of Pennsylvania Police Accident Report, Incident No. 2000-08-0415, attached as Exhibit B. 4. Visteon denied the averments asserted against it by Loretta Ferster by filing an Answer, New Matter, New Matter Cross Claim and Jury Demand, which is incorporated herein by reference as if fully set forth herein at length. Exhibit C. 5. Loretta Ferster initially filed a separate suit against only Defendant Ford Motor Company, Inc., Sutcliff Capital Ford, Inc., Courteous Rental, Inc. and Ashley Bachert in Ferster v. Ford Motor Company Inc., October Term 2001, No. 3474 (C.P. Phila.) ("Ferster I"). See Ferster I Complaint attached as Exhibit D. 6. Visteon incorporates the averments set forth in paragraphs 20-21 of the Ferster I Complaint against Courteous Rental, Inc. and Ashley Bachert as if fully set forth herein at length. Exhibit D. 7. Visteon hereby files this Complaint against Defendants Ashley E. Bachert and KRLSPHI:184570.1 Courteous Rental, Inc. in this action because, upon information and belief, they operated and/or entrusted the Ford Mustang vehicle involved in the August 25, 2000 incident that is the subject of plaintiffs' Complaints, which caused the injuries and damages alleged by Loretta Ferster. COUNTI CONTRIBUTION Visteon Corporation v Ashley E Bachert 8. Visteon incorporates by reference the averments contained in paragraphs 1 to 7 above, as if fully set forth herein at length. 9. Visteon denies that it is liable to Loretta Ferster in any sum whatsoever. If, however, Loretta Ferster's claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in Loretta Forester's complaints, upon information and belief, the acts, negligence, carelessness, recklessness, or other culpable conduct of Defendant Ashley E. Bachert make her liable over to Plaintiff Visteon by way of contribution (including counsel fees and costs). WHEREFORE, Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Defendant Ashley E. Bachert for any and all sums that may be awarded in favor of Loretta Ferster and such other relief as the Court deems appropriate. COUNT II INDEMNITY Visteon Corporation v Ashley E Bachert 10. Visteon incorporates by reference the averments contained in paragraphs 1 to 9 above, as if fully set forth herein at length. 11. Visteon denies that it is liable to Loretta Ferster for any sum whatsoever. If, however, Loretta Ferster's claims are proven, and there is found to be legal responsibility for all KRLSPM:184570.1 or any of the damages alleged in the Loretta Ferster's Complaints, upon information and belief, the acts, omissions, negligence, carelessness, recklessness, or other culpable conduct of Defendant Ashley E. Bachert in connection with the ownership, operation and entrustment of the Ford Mustang automobile involved in the incident described in Loretta Ferster's Complaints would make her it liable over to Visteon by way of indemnification (including counsel fees and costs). WHEREFORE, Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Defendant Ashley E. Bachert for any and all sums that may be awarded in favor of plaintiff Loretta Ferster and such other relief as the Court deems appropriate. COUNT III CONTRIBUTION Visteon Corporation v. Courteous Rental Inc 12. Visteon incorporates by reference the averments contained in paragraphs 1 to 11 above, as if fully set forth herein at length. 13. Visteon denies that it is liable to Loretta Ferster in any sum whatsoever. If, however, Loretta Ferster's claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in Loretta Ferster's Complaints, upon information and belief, the acts, negligence, carelessness, recklessness, or other culpable conduct of Defendant Courteous Rental, Inc. make Defendant Courteous Rental, Inc. liable over to Plaintiff Visteon by way of contribution (including counsel fees and costs). WHEREFORE, Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Defendant Courteous Rental, Inc. for any and all sums that may be awarded in favor of Loretta Ferster and such other relief as the Court deems appropriate. KRI SPHI:184570.1 COUNT IV INDEMNITY Visteon Corporation v. Courteous Rental Inc 14. Visteon incorporates by reference the averments contained in paragraphs 1 to 13 above, as if fully set forth herein at length. 15. Visteon denies that it is liable to Loretta Ferster for any sum whatsoever. If, however, Loretta Ferster's claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in the Loretta Ferster's Complaints, upon information and belief, the acts, omissions, negligence, carelessness, recklessness, or other culpable conduct of Defendant Courteous Rental, Inc. in connection with the ownership, operation and entrustment of the Ford Mustang automobile involved in the incident described in Loretta Fersters' Complaints would make it liable over to Visteon by way of indemnification (including counsel fees and costs). WHEREFORE, Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Defendant Courteous Rental for any and all sums that may be awarded in favor of Loretta Ferster and such other relief as the Court deems appropriate. COUNT V NEGLIGENT ENTRUSTMENT Visteon Corporation v. Courteous Rental Inc. 16. Visteon incorporates by reference the averments contained in paragraphs 1 to 15 above as if fully set forth herein at length. 17. Upon information and belief, Defendant Courteous Rental, Inc. entrusted the Ford Mustang that was involved in the incident described in Loretta Ferster's Complaints to Defendant Ashley E. Bachert. KRLSPHI: 184570.1 18. Visteon believes and avers that Defendant Ashley E. Bachert was not, upon information and belief, qualified or otherwise suitable to operate the automobile allegedly involved in the incident described in Loretta Ferster's Complaints. 19. A reasonably prudent person or entity in the position of Defendant Courteous Rentals, Inc. would not have entrusted the Ford Mustang automobile allegedly involved in the incident described in Loretta Ferster's Complaints to Defendant Ashley E. Bachert. 20. Upon information and belief, the injuries and damages alleged by Loretta Ferster were caused, in whole or in part, by Defendant Courteous Rental, Inc.'s negligent entrustment of the Ford Mustang to Defendant Ashley E. Bachert. WHEREFORE, Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Defendant Courteous Rental, Inc. for any and all sums that may be awarded in favor of Loretta Ferster and such other relief as the Court deems appropriate. KLETT ROONEY LIEBER & SCHORLING Da ' Ira Rosenbaum Catherine A. Hewett Two Logan Square, 12th Floor Philadelphia, PA 19103 (P) (215) 567-7500 Attorneys for Plaintiff Visteon Corporation Dated: December 30, 2002 KRUP111:184570.1 VERIFICATION I, Catherine A. Hewett, state that I am counsel for Visteon Corporation that I have read the attached Complaint, and on behalf of Visteon, I hereby verify that the factual statements contained therein are true and correct to the best of my knowledge, infonnation and belief. I understand that this statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. Catherine A. Hewett Dated: December 30, 2002 KRLSPHI:184570.1 EXHIBIT A SEP 20 2002 07:39 FR V I STE,..r) LEGAL SALTA MONGELUZZI BARRETT a BENDESKY, P.C. R I V E BY. ROBERT J. MONGELUZWWBERT N. BRAKER SEP IV W IDENTIFICATION NO.: 3(1283182383 ATTORNEYS FOR PLAINTIFF 34 FLOOR 1660 MARKET STREET PHILADELPHIA, PA 19103 (215) 498.8282 LORETTA FEASTER 1715 Flintlock Court Middletown, PA 17057 V. ,. TRW SAFETY SYSTEMSQIESA, INC. 4505 West 26 We Road Washington, MI 48094 and VISTEON AUTOMOTIVE INC. 5500 Auto Club Drive Dearborr% Ml 48126 and C&C FORD SALES, INC. 1100 Easton Road Horsham; PA 19044 CV: L 6 cunt cu Liu 313 619 3060 TO 9; )63961771 P.03 THIS IS NOT AN ARBITRATION MATTER. AN ASSESSMENT OF DAMAGES HEART O IS REQUIRED. PHILADELPHIA Cl COURT OF COMMON LAWDlI AVGUST TZ±W. No. 4836 JURY TRIAL, COMPLAINT - CIVIL ACTION 'NOTICE 'rw M?e.rw ww M mwl >f rw wN ww Adwwf wswr M ahn. wt AMA M W Wbwar pom T« pwa I" waaw won bo* ()o) fan oft am - I wd NOW an ewnw4 N "rs a w m w hww"" MTwww4 or M r mama ow aq to w" W& ae am rwr fwame weywal.mramdawsm aahaywllRTew• TmYwwwwU Mwt rnw aA r b m M or wq wwaeM eMr,w fm M w ?NfwwwA ewq V wnlwl'w/ wsml? )« ti fe mwl IlYwlf Awmw wemw:Af w wwgdrpd M Mamofton ar mr of dam wr Ww nq@WW M se r:wws(. rwnwammmrywPwwerwawa ilImpw ntanw '=6M"fJWETHa HPEAT9T901AMEMATONM Trmu SOMP EAtAWIMOR CWW AROMO ONE, Go W OR T&OMW THE W=sEr (OATH BMW To ram Gar WHERE roJewcourALKv. fNLA08 W6MAR90Cl%T04 amwm wmwosaAmm6omm m vfw OAS. '?. A.. fewwWls a meet en a mw. $t mail Nwlmf m r PIWe wrw(sp, m>fwf NmwrM hs wmM T r wwlEkwafw. Hwm MoM wwwsr ww wllll Nwfw rewgwa M ewr«aAealsAMM iwAni bwfemwwm. smwmm, 40110 a«dem owaewewdwaawnwpiP 40VANwA wfrdw of ftrgwnwareowls mw I 0 All J r'f Wap_rdwwTTw ad Apwrld w d^sraawde fmlwwrwr' r«wcuouXwp pippm • wN 0 10 we1gml"w*Iwmdww: 04 Is mils %mid moo m rpww do re PoakMi F 6 nw. fmmdw. UM WrADE1fAMMAAUNA9094092AEGWAWDE, 0" =%% 6NEMOSUM NTEDEPN"TAL69MCG.VAYA ALA men CMA caox N BE ENCL. m AWACUM OONDE GEiPWOf 99N6er M MEMO LeM A660CVCW 9E LC&0PDO6 9E wA MFO 40 W DERDEMEWAEINMMCWLMK coolowft PONWA MefaoT Tamaw CNs)mi?or dco:Tn 2n an 300 k0'30Ud {` SI=P. 20 2002 07:39 FR VIS%: LEGAL n zo:£I z00z z0 100 313 619 3060 TO ;163961771 P.04 MIZ, MONGELUZZI BARRETT a BENDESKY, P.C. BY: ROBERT.!. MONGELUZZI/ROBERTN. BRAKER IDENTIFICATION NO.: 38288/92583 ATTORNEYS FOR PLAINTIFF 34"FLOOR 1850 MARKET STREET PHILADELPHIA. PA 19103 (215) 488-8282 LORETTA FERSTER 171511indock Court MiddletowrS PA 17057 V. TRW SAFETY SYSTEMSIMESA, INC. 4505 Weal 26 Mille Road Washington, MI 48094 and VISTEON AUTOMOTIVE INC. 5500 Auto Club Drive Dearborn, MI 48126 and % C&C FORD SALES, INC. 1100 Easton Road Horsham, PA 19044 COMPLAINT- CIVIL. ACTIO c.v uK r vF' COA111VOJV PLEAS LAI;FDn7SI0N i AUGUST IEW 2002 f I No. 4836 JURY TRIAL D Rn Plaintiff, Loretta Ferster, claims of defendants, TRW SAFETY SYSTEMS/MESA, INC., VISTEON AUTOMOTIVE INC. and C&C FORD SALES, INC.,' jointly and Severally, separate sums in excess of Fifty Thousand Dollars (SS0,000.00) in damages, upon causes of action, whereof the following are true statements: 1. Plaintiff, Loretta Fester, is an adult individual and citizen of the Commonwealth of Pennsylvania, residing at 1715 Flintlock Court, Middletown, PA 17057. r I' II 2 Sp' 39W S& ZO 2002 07:39 FR VISTE,.4 LEGAL I £b : £ S E00z ce t x? 313 619 3060 TO 163961771 2. Defendant, 7RW SAFETY SYSTEMS&MSA, INC. (hereinafter referred to as "TRW), is a corporation, organized and e4sting under and by virtue of the laws of the State of Delaware, and which, at all times mentioned and material hereto, has engaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, systematic, continuous and substantial basis, with its principal place of business located at 4505 West 28 We Road, Washington, Michigan 48094 and at all times relevant hereto was engaged in the design, manufacture, production, distribution, sale and assembly ofmotor vehicles, including the 2000 Ford Mustang. 3. Defendant, VISTEON AUTOMOTIVE INC., (hereinafter referred to as P.05 "Visteoo") is a corporation, organized and odsting under and by virtue of the laws of the State of Delaware, and which, at all times mentioned and material hereto, bas engaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, systematic, continuous and substantial basis, with its principal place of business located at 5500 Auto Club Drive, Dearborn, Michigan 48126 and at all times relevant hereto was engaged In the design, manufacture, production, distnibution, sale and assembly of motor vehicles, including the 2000 Ford Mustang. I 4. Defendant, C&C FORD SALES, INC. (hereinafter referred to as aC&CI) is a corporation, organized and existing under and by virtue of the laws of the State of i Pennsylvania, and which, at all times mentioned and material hereto, has engaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, systematic, continuous and substantial basis, with its principal place of business located at 1100 Easton Road, Horsham, Pennsylvania 19044. 1 96'30Ud SEP.20 2002 07:39 FR U15TLA LEGAL £t7:£T zooz ce 1JIJ 313 619 3060 To Ei p63961771 5. -On August 25, 2000, at or about 4.27 p.m., Courteous Rental Inc., 50 Market Street, Lemoyne, Pennsylvania 17043 and Ashley E. Bachert, 100 Reed Drive, Marysville; Pennsylvania 17053 owned, managed, maintained, possessed and/or controlled a certain motor vehicle, namoly, a 2000 Ford Mustang bearing Pennsylvania license plate number CBS 9756, which motor vehicle was traveling in a southerly direction on Route 1 l in East Pennsboro Township, Cumberland County, Pennsylvania. 6. At the time and place aforesaid, plaintiff, Loretta Forster, was a lawfully and properly situated front-seated passenger in the 2000 Ford Mustang, as aforesaid. 7. At the time and place aforesaid, COURTEOUS RENTALS, INC. AND ASHLEY E. BACMRT, so carelessly and negligently operated the 2000 Ford Mustang, as aforesaid, by failing to properly and adequately maintain control and safe operation of her said motor vehicle and by Wing to have said motor vehicle under such control so as to have been able to bring said vehicle to a stop prior to striking a vehicle travelling in a southerly direction on Route 11, which vehicle was being operated by Raymond E. petit, i 21 Centre Terrace, Rochester, New York 14617. a. At the time of the aforesaid collision, the passenger-side airbag of the 2000 Ford Mustang exploded in such a manner that it caused plaWiWto sustain those serious and permanent personal injuries more specifically set forth hereinafter. 9. Defendants, TRW, VISTEON and C6tC, along with FORD MOTOR COMPANY, INC., America Road, Dearborn Michigan 49121 and SUTLIFF CAPITAL FORD, INC., 100 Paxton Street, Harrisburg, Pennsylvania 17014, designed, manufactured, assembled, built, installed, marketed and sold the aforesaid 2000 Ford , . 4 P.06 i ?ll L0'30W SEP. 20 2002 07:39 FR VISTEQk LEGAL £v:£i a00z z0 1D0 313 619 3060 TO _; 1163961771 P.07 . Mustang including the dangerous and defective passenger-side airbag which injured plaintiff, which injuries are more specifically set forth hereinafter. COUNT I- PRODUCT LIABRdTY LORMA P'F.RSTER v. TRW. WSTEON and C&C 10. Plaintiff incorporates herein by reference paragraphs 1 through 9 of this Complaint the same as if fully set forth hereinafter. 11. Defendants, 7RW, VISTEON and CdtC, by and through their separate and respective agents, servants, workers and representativek breached their duties and obligations owed to plaintiff pursuant to common law and §402A of the ate-mot of the Law of Torts (Second), and are liable to plaintiff for causing injury for the following reasons: (a) Selling the 2000 Ford Mustang in a defective conditioN (b) Selling a product, the 2000 Ford Mustang, which was unreasonably j dangerous; (c) Selling a product, the 2000 Ford Mustang, which was not safe for its intended use; (d) Failing to have adequate warnings on the 2000 Ford Mustang; (e) Providing a motor vehicle with an unreasonably defective passenger-side airbag; (f) Providing a vehicle wldch had a dangerous and defective airbag which would and did cause serious and catastrophic injuries to i plaintiff; 5 ,-. . -.. >„ I^ w.,., 80'3EJdd 5'020 2002 07:40 FR V I Si,j LEGAL , u PP : £ T Z00Z ZO 131] 313 619 3060 TO )6163961771 P.08 (g) Providing a vehicle with a dangerous and defective airbag which improperly inflates; (h) Selling a product, the 2000 Ford Mustang, with a defective airbag; (i) Selling a product, the 2000 Ford Mustang, which had a dangerous airbag which would likely cause injuries to individuals coming in contact with the same; G) Selling a product, the 20M Ford Mustang, with a dangerous and defective airbag which contained air that was too dangerously hot; (k) Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag, which was made of a material which likely cause serious and catastrophic lnjtuies to all persons coming in contact with the same; (1) Failing to warn users of the dangerous and defective airbag; I 'I (m) Selling a product which lacked all necessary sakty features to i protect users of said product; (a) Failing to have proper warnings and instructions concerning the use of the vehicle and its airbags; (o) Selling a product which was lacking one or more elements J necessary to make it safe for w intended use; j (P) Mandactu ring, designing and distributing a product which was defective and which would likely cause it;jury to its users; (q) Failing to equip the 2000 Ford Mustang with the necessary safety I devices; i 6 I __ - 60 * MUd SEP 20 2002 07:40 FR V I STLA LEGAL 00:£T z00z ee 1D0 313 619 3060 TO )163961771 P.09 (r) Violating applicable OSHA and ANSI standards; (s) Failing to adequately and properly teat said vehicle; (t) Assembling a product which defendants knew or should have known would cause injury to the user, (u) Delivering a product which was defective and would likely cause injury to the user, (v) using component parts which created a risk of harm to the user of i the product; i (w) Supplying a product which required component parts to decrease the risk of barm to the user, (x) Failing to properly service this product; (y) Assembling a product which defendants knew or should have known would cause injury to the user because of the dangerous and defective airbag; and (z) Other acts of product liability which will be discovered during the course of discovery of Chia matter. 12. As a result of the breach of defendant's duties under §402(A) of the Restatement of the Law of Torts (Second) and ==on law. plainK Loretta Ferster. ' sustained serious and disabling permanent personal injuries: she sustained a severe fracture of her right wrist complicated by nonunion; she sustained a traumatic laceration of her right wrist; she sustained a traumatic laceration of her ulna: nerve with neuroma; she sustained traumatic al tunnel syndrome; , she sustained traumatic arthritis of the distal I radioulaar joint; she was required to undergo an open reduction and open fixation of the j I 7 I -. • ... en ?n ann 01 *39dd SEP -20 2002 07:40 FR VIS'I,,JN LEGAL . n 313 619 3060 ro^ X163961771 malunion radius with iliac crest bone grafting, left median nerve decompression and newolysis, neurolysis of the ulnar nerve with stabilization neuroma, flexor tenosynovicetomy flexor tendons and all tendons resectioned capsulodeds of the distal ulna major surgical procedure; she has suffered from severe pain in her right arm, hand and fingers; she has suffered from severe weakness in her right hand, arm and fingers; the has suffered from severe difficulty utilizing her right hand, arm, fingers and wrist; she has lost the range ofmotion of her right hand, arm, fingers and wrist; she underwent an application of external fixation device of the radius, closed reduction of fracture without internal fixation of the radius and ulna, suture of the skin and subcutaneous tissue, debridement of the open fracture of the radius and ulna and application of wound dressing major surgical procedure; ahc suffers from numbness of her right arm, hand, wrist and fingers, she has been required to wear a splint-, she has lost the strength of her grip; she has lost the strength in her hand; she sustained injury to her cervical spine; she has suffered from pain in her right shoulder; she lost a significant amount of blood; she will likely require future cosmetic surgery; she has suffered from unsightly scarring; she has suffered from tremendous embarrassment; she sustained further orthopedic, neurological, internal, psychological and psychiatric injuries, the full went of which has yet to be determined; i she sustained severe shock to her nerves and nervous system; she has in the ! past required Ii and will in the future continue to require medicines, medical care and treatment; she has in i the Past suffbred and will in the future continue to suffer agorizing aches, pains, suffering and mental anguish; she has in the past and will in the future continue to be disabled Prom performing her usual duties, occupations and avocations, all to her great loss and detriment; she has suffered from a loss of life's pleasures. , 8 ht7:2T Z00z z0 130 P.10 TT'3gdd SEP,20 2002 07:00 FR V 1 S1', N LEGAL H 90:£T z00z z0 Ix 313 619 3060 TO 163961771 P.11 13. Plaintiff has sustained and makes claim for pain and suffering, loss physical function, permanent physical, mental and psychological irmjuries, humiliation and embarressmoat, loss of fife's pleasures, loss of earnings and earning capacity and any and Ail of the damages to which she is entitled or may be entitled under the law of the Commonwealth of Pennsylvania WHEREFORE, plaintiff, Loretta Ferster, claims of defendants, TRW, VISTEON and C&C, jointly and severally, separate sums in excess Of Fifty Thousand Dollars (650,000.00) in damages, and brings this action to recover the same. COUNT I& NEGLIGENCE LORETIA PERM L_'sRVd VLSTEON and C&C 14. Plaintiff incorporates herein by reference paragraphs 1 through 13 of this Complaint the same as if fully set forth hereinafter. IS. Defendants, TRW, VISTEON and C&C, by and through their separate and respective agents, servants, workers and representatives, breached their duties and obligations owed to plaintiff due to their negligence, and are liable to plaintiff for causing injury for the following reasons: (a) Selling the 2000 Ford Mustang in a defective condition; (b) Selling a Product, the 2000 Ford Mustang, which was unreasonably dangerous; (c) Selling a product, the 2000 Ford Mustang, which was not safe for its intended use; (d) Failing to have adequate warnings on the 2000 Ford Mustang; 9 ET '3?Jdd St?:£T ME ZO 130 S80,20 2002 07:40 FR V1ST', N LEGAL 313 619 3060 TO 163961771 P.12 (e) Providing a motor vehicle with an unreasonably defective passenger-side airbag; (t) Providing a vehicle which had it dangerous and defective airbag which would and did cause serious and catastrophic injuries to plaintiff; (g) Providing a vehicle with a dangerous and defective airbag which improperly inflates; (h) Selling a product, the 2000 Ford Mustang, with a defective airbag; (i) Selling a product, the 2000 Ford Mustang, which had a dangerous j airbag which would likely cause injuries to individuals coming in oontact with the same; (j) Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag which contained air that was too dangerously hot; (k) Selling a product, the 2000 Ford Mustang, with a dangerous and I defective airbag, which was made of a material which likely cause I serious and catastrophic injuries to all persons coming in contact with the same; m Failing to warn users of the dangerous and defective airbag; (m) Selling a product which lacked all necessary safety features to j protect users of said product; (n) Failing to have proper warnings and katructions concerning the use of the vehicle and its airbags; s 10 £S '3?Jtid SEP 20 2002 07:40 FR V1STedN LEGAL Sb : CT Z00Z ZO loci 313 619 3060 TO 16163961771 P.13 (o) Selling a product which was lacking one or more elements necessary to make it safe for its intended use; (p) Manufacturing, designing and distributing a product which was defective and which would likely cause injury to its users; (q) Failing to equip the 2000 Ford Mustang with the necessary safety devices; (r) (s) (t) Violating applicable OSHA and ANSI standards; Failing to adequately and properly test said vehicle; Assembling a product which defendants knew or should have known would cause injury to the user, (u) Delivering a product which was defective and would likely cause injury to the user; (v) Using component parts which created a risk of harm to the user of the product; (w) SuPPtyisg a Product which required component parts to decrease the risk of harm to the user. (x) Failing to properly service this product; (y) Assembling a product which defendants knew or should have known would cause injury to the user because of the dangerous and defective airbag; and (z) Other acts of negligence which will be discovered during the course of discovery of this matter. 11 pT '3Jtid • 9EP• 20 2002 07:40 FR VIS't,JN LEGAL I 9V:£T Moe ZO 1010 313 619 3060 TO 16163961771 P.14 16. As a result of the breach of Defendams' duties, as aforesaid, plaintiff; Loretta Ferster, sustained serious and disabling permanent personal injuries: she sustained a severe fracture of her right wrist complicated by nonunfom; she sustained a traumatic laceration of her right wrist; she sustained a traumatic laceration of her ulnar nerve with neuroma; she sustained traumatic carpal tunnel syndrome; she sustained traumatic arthritis of the distal radioulner joint; she was required to undergo an open reduction and open fixation of the malunion radius with iliac crest bone grafting, left median nave decompression and neurolysis, neuroiysis of the ulnar nerve with stabilization neuroma, flexor tenosynovectomy flexor tendons and all tendons resectioned capsulodesis of the distal ulna major surgical procedure; she has suffered from severe pain in her right arm, hand and forgers; she has suffered from severe weakness in ber right hand, arm and fingers; she has suffered from severe difficulty utilizing her right hand, arm, fingers and wrist; she has lost the range of motion of her right hand, arm, fingers and wrist; she underwent an application of external fixation device of the radius, closed reduction of fracture without internal fixation of the radius and ulna, suture of the skin and subcutaneous tissue, debridement of the open fracture of the radius and ulna and application of wound dressing major surgical procedure; she suffers from numbness of her right arm, hand, wrist and fingers; she has been required to wear a splint; she has lost the strength of her grip; she has lost the strength in her hood; she sustained injury to her cervical spine, she has suffered from pain in her tight shoulder, she lost a significant amount of blood; she will ady require future cosmetic surgery. she has suffered $om ? unsightly scarring; she has auffered from tremendous embarrassment; she sustained fiuther orthopedic, neurological, internal, prychologieal and psychiatric injuries, the f al extent of i I 12 $i'39Ud tEP 20 2002 07:40 FR V1s.JON LEGAL A 9b:£Z Z00Z ZO 100 313 619 3060 TO 0163961771 P.15 which has yet to be determined; she sustained severe shock to her nerves and nervow system; she has in the past required and will in the future continue to require medicines, medical care and treatment; she has in the past sufPerW and will in the future continue to suffer agonizing aches, pains, suffering and mental anguish; she has in the past and will in the future continue to be disabled from performing her usual duties, occupations and avocations, all to her great loss and detriment; she has suffered from a loss of life's pleasures. 17. Plaintiff has sustained and makes claim for pain and suffering, loss of Physical function. permanent physical, mental and psychological injuries, humiliation andV1 i embarntssauent, loss of Ife's pleasures, loss of earnings and earning capacity and any and all of the damages to which she is entitled or may be entitled under the law of the Commonwealth ofPennsylvania. WHEREFORE, Plaintiff, Loretta Ferster, claims of defendants, TRW, VISTEON and C&C, jointly and severally, separate slimy in excess of Fifty Thousand Dollar (350,000.00) in damages, and brings this action to recover the sure. I SALTA MONGELUZ2:k 13ARRETT & BENDESKY, P.C. BY: ROBERT I MONGELUZZI ROBERT N. BRAKER Attorneys for plaintiff; Loretta Faster 13 9T I Mud -SER 20 2002 07:41 FR Vli )ON LEGAL 9h : £Z z00Z z0 I'D 313 619 3060 T( )16163961771 P.16 VERIFICATION The averments or denials of fact eontaiaed in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable imrestigadon, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 19 Pa. C.S. §4904, relating to unsworn falsification to authorities. LO 'TTA F RSTER 11 - 14 M* TOTAL PAGE.16 J-.___ __ __ ___ EXHIBIT B THIS IS q GUMMUNWGAL"IHOFIPLENNSl {ED r , P0LICBACCIDB2VT RBPOR I?X REFER TO OVERLAY SWEETS ? Y REPORTABLE NON-REPORTABLE d .•. , LINCIOENT NUMBER 2000-08-0415 "., ;:y-.: ;y. o.COIMTr F 2.AGENL:Y Caanberlar)d COD 21 NAME East Pexmsboro Tom ship Police DVt 21-MMICIPALITY CODE 3.STATION/ t permshorc, MT 101 - PRECINCT El>,oia, Pa 5 INVESTIGAT 4.PATROL ZONE. 0002 PRINCIPAL ROADWAVINFORAfATIO . OR Michael aottcn NUMBER 1617 N 22.ROl1TE MOOR STREET NAME Sit 0011, u-j R ts 11&15 6.APPRMVED BY BADGE 23 SPE EO . 7.INVESTIGATIOM DATE 08/25/2000 NUMBER B ARRtvAL . 45 I LIMT HITYPE GHWAY 2 ACCESS CONTROL 2 TIME 1634 INTERSECTING ROAD. 26.ROUTE NO.OR 9.ACC.IDEXT DATE 08/25/2000 10.DAY OF WEEK FY1d STREET NAME 27.SP D. TYPE 11 TIME OF a?r `°7 M' H[GHW 9 ACCESS -' . 12.NJiill AY CONTROL DAY 1627 3 of UN TS 2 IF NOT AT INTERSECTINN.• .# KOLED 14.#i INJURED 15.PRIV.PROP. ? 30.CROSS STREET OR ACCIDENT Y N SEGMENT MARKER SR 1004, Valley street 6.010 VEHICLE HAVE TO BE 175 EWICLE DAMAGE 31.0IRECTION REMOVED FROM THE SCENE? 0-NONE UNIT 1 32.DISTANCE UNIT 1 UNIT 2 1-LIGHT FROM SITE N O E w FROM SITE 250 FT. 2-MODERATE 33.DISTANCE WAS ? Y ? N ] Y ? N F 3-SEVERE UNIT 2 TRUCTION MEASURED CONS 5 TRAFFICSTIMA IN IP® INTERSECT 20NE B HA'?TERRIDALS yo N 0 19•PROPERTY TO N R) 1-01 DECONTROL VICE F .LEGALLY Y N 37.REG. PARKED? ? ? PLATE CRS 9756 A TITLE RP-OF-STATEGVIM 1FAEP4446Y160683 ).OWNER OMwtesy Rentals, Inc. .OWNER ADDRESS 50 Market Street A'ZIPCODEE LOEITIOYk', PA 17043 YEAR 2000 44.MAKE Ford .MODEL-(N B BOOT TYPE) BODY O1 SPECIAL USAGE 0 INITIAL IMP12ACT T STVEHICL POINT 0 ATUSE LVEHICLE 4 DRIVER GRADIENT 1 PP.ESSMCE 1 .URIVER NUMBER 26456642 •DNAMEER Ashley E. Bachert DRIVER ADDRESS 100 Reed Drive CITY,STATE i ZIPCODE Marysville, PA 17053 SEX 6 .DATE OF F BIRTH 01/26/1984 Y ? N CLASS P CONFI NO. 0 AXLES \yj> xc^ }?. 3B.STATE 36.LEGALLY Y N37.REG ...:? : y <s....:. ` ••.:`.rv. ` PA . PARKED? PLATE Nyg 251 38.STATI 39-PA TITLE OR NY OUT-OF-STATE VIN 1GNEM19Z7NB155872 40 OWNER . Barbara T. Paige 41.OWNER 74 Haddon Road 42 & I E Z Rochester, NY 14626 PCODE 43.YEAR 1992 44.MAKE Chevrolet UMK? 45•BODY?TYPE) Astro Van 46.IN Y ? 4 TY N UNK? NIP 2 YPPE 40 7 SPECIAL 0 4 VEHICLE 2 99 INITIAL IMPACT 1 VEHICLE TRAVEL ) POINT 06 STATUS 0 40 SPEED ION 1 3 VEHICLE GRADIENT 1 4 DRIVER 5 DRIVER PRESENCE j CONDITION 1 _ NUMBER 561259730 NY SB.DRIVER NAME Ray=e E. Petit MI. I J1.R ADDRESS 21 Centre ADD Terrace CITY 60• E - I ZIPCODE RO'CheSter, NY 14617 " WE 6 -957=3254 1 -SEX M 62.DATE OF BIRTH 10/15/1930 63 PHONE 6 4. VEH - -6F715111 5 716-227-6828 i . r Ni J CLASS D . 6 7.GRRIER ? . GRR [ ER ADDRESS 6 9.CITY,STATE 8 ZIPCODE j 7 0.USDOT # ICC # PIA: # VEH. COMFIG. CARGO BODY TYPE 74.GVWR Y? N I n 1 cw,n{s I Y 0 NQ UMK ? PAGE; I CENTER FOR HIGHWAY SAFETY E;,:sL P?:111U'A.oru A«i-XUanc E - -- - - - I 'ANT :2UUJ L3-U•:?? 1 MEDLCAL FACILITY A 01 E 1 C F D 16 E 3 F 1 D 1 NAME ADDRESS Driver of tacit #1 " ! --- J K L - M 01 3 F 99 3 1 0 Imetta Ferster 324 Race St, Middletotaz, PA 17057 3 3 5 A 01 6 F 99 2 1 0 Lissy Ferster game address as above..Oxm #948-4402 6 1 02 1 M 69 3 1 0 Driver of taut #2 0 0 0 B 0 0 02 3 F 99 3 1 0 Barbara Page 74 FlrxldCri Rd, R?DChester, py 14626 0 4 0 9 0 E 0 0 @L I LLUMIN - DiAGRAM?I'lOt t 3 B 0 0 AT ION r2 1 (&W EATHER n o BCdIQ ROAD SURFACE a : ItOYth PENNS <: Q YLVANIA SCHOOL DISTRICT #2 #1 (IF APPLICABLE) Q-- DESCRIPTION OF DAMAGED PROPERTY - i Grass Barrier ENTS, . WITNESS STATEMENTS. AND PROVIDE ADDITIONA DETAILS, LIKE INSURANCE tNFORMIITION AND'LOCATiDM DF'Ty0YE0 VENIC'LES,EIFDKFNDOIR Both units were travelling in the right band lane, Bautbboua)d, on SR 0011, U5 R.ts. 11&15. The driver of Unit #2 advised that he Blamed in his lane due to traffic ahead of his vehicle. This driver advised he was travelling with the flow of traffic and was driving at about 35 to 40 mph at the titre of the itlpact. Unit #2 driver advised he was hit from behind by unit #1. Unit #1 driver advised she was unable to collpletely stop as traffic Blamed in frcmt of her. Uhit #1 driver holds a learner's permit. An adult was acocstpanying this driver. This adult suffered a caToumd fracture to the right .arm/wrist. Uhit #1 was towed from the scene by a private hauler. uiit #1 was drivable but the otaDer decided to tow this vehicle. Uhit #2 drove from the scene. This officer observed no skid marks prior to inpact. i cxsuyazol8 2- r 910131-5381 as. PMMF WITNESSES MME j ' ADDRESS PHONE VIOLATII T LMtXb (ONLY IF CHAR i GED) UNI T careless driving i ? ? LIMIT 2 T . : > 1L P ROBABILE ..... ?? , ;... ,. . MIT 1 U S TOEST 0 EST tES T $ ® RREEFUSE 0 E MUNIT 13 NO TESTI •COIPLETET tMK O . 0. $ 0 REFUSE LINK TES $ NO PAGE: L CENTER FOR HIGHWAY SAFETY EAST PENNSBORO TOWNSHIP b' , POLICE DEPARTMENT 98 South Enola Drive • Enola, PA 17025-2796 • (717) 732.3633 • FAX (717) 732-3980 oa TY O TIME ^ INT APPROVED BY { Air LOCATION I NO BADGE NO. • V41, UNITS UNITS / UNIT 3 LEGALLY REOI S ( 5DIT? PArU<ED PLATE A PARKED ?' REOI R bST PLAT LESALLY srATE R. TITL A RUixED E oR °? S, E 6 t S ?. RL TITLE OR of SATE F P444-6 t l C ( R. TmE oR OUT OF STATE t A D" u a r ?E OWNER CWWR ou TF5 ENTY?IS iAIL OWNER ADDRESS -? avNER ADDRESS £f 5r OWNER ADDRESS CRY, STATE a?CODE . f1fW' N (4fc7, vEwR AMPOD"G.: pslc; E n /7043 aaPWDE MAKE YEAR CC?D MAKE D BAR MOpE? A d mom MAKE 5716 AA) ML T"" COMR?MY AIIA /U %.j Nh L POllCY COMI'M°E 'lift AI?IAoK Srxx C suRANCE a?cmrmy NIMASER 0151 - 5 31 DRrvER POLICY MJMM /%A n,5,69 ?? a/ g N R s'(o 7 Vj 13G A +2tc4-S(c(,??2- JBTA oRrvER NuMeER DRIVER NAME D E DRIVER R pQ D ph . r T T p NAME i7 f E '1- w DRIVER F ADDRESS i CANTO( I p f AADDDRREESS ZLn 'k a n t?t l of ADDRESS C;m, sTATE r , &ZIP v>,T F N /? CITY sraE C. azIPCODE A C ( lm S !t(E P? BIIRF+tF If 131, RION SEX / D T ° F T n PHONE eIRTN / . VEN DRIVER R vEN a CLASS ss r / ?? COMM DRIVE DFkFWMM Comm VEN / CLASS DRIVER t FA4 VE N CLASS 88• OVYVR AX'E CARRIER OYV/R CARRIER SVWR CARRIER ADDRESS AXLES NO.OF Cy1RIER ADDRESS N0. OF AXLES ADDRESS CRY, STATE a zw CODE I AXLES CRY BTATE a ZIP CODE crTK evDE US DOT? Kx# PUCr azwcaw USDDrs 10C0 PUCi us DCrr• [W M _ P 74 MVWAME L 14o z(.. MJUREDTAICENTO ?,. NOTICE OF ACCIDENT REPORT Notification is hereby given, as required by Section 3746(c) of the Vehicle Code, that the above identified accident was reported to the East Pennsboro Township Police Department, 98 South Enola Drive, Enola, PA. (717) 732-3633. This accident (REPORTABLE ON v; Is being Investigated by Officer ???? A? and a Police Accident Report vhll be submitted as required by law. In the event a Badge No. consult the above named Police Department for details and established fee. SPY (REPORTAB EON lf? is desi , EXHIBIT C KLETT ROONEY LIEBER & SCHORLING David Ira Rosenbaum (Pa. Id. No. 52859) Catherine A. Hewett (Pa. Id. No. 82178) Two Logan Sq., 12th Fl. Philadelphia, PA 19103-2756 (215) 567-7500 LORETTA FERSTER, Plaintiff, V. TRW SAFETY SYSTEMS/MESA, INC.; VISTEON AUTOMOTIVE, INC.; and C&C FORD SALES, INC., NOTICE TO PLEAD TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. , _ David I. Rosenbaum, Esquire Attorneys for Defendant Visteon Corporation : PHILADELPHIA COUNTY COURT OF : COMMON PLEAS : LAW DIVISION : August Term, 2002 : No. 4836 Defendants. ANSWER, NEW MATTER, NEW MATTER CROSS CLAIM AND JURY DEMAND OF DEFENDANT VISTEON CORPORATION TO PLAINTIFF'S COMPLAINT AND NEW MATTER Defendant Visteon Corporation, incorrectly identified in Plaintiffs Complaint as "Visteon Automotive, Inc.," (hereinafter "Visteon"), through its attorneys Klett Rooney Lieber & Schorling, hereby responds to the correspondingly numbered averments of Plaintiff s Complaint as follows: 178375 Visteon admits only that Plaintiff contends that she resides at 1715 Flintlock Court, Middletown, Pennsylvania. After reasonable investigation, Visteon is without knowledge or information sufficient to form a belief as to the truth of these averments. 2. The averments set forth in Paragraph 2 of Plaintiff's Complaint are directed to another Defendant. To the extent they may be deemed to be directed to Visteon, after reasonable investigation, Visteon is without knowledge or information sufficient to form a belief as to the truth of these averments; accordingly, these averments are denied. 3. Denied as stated. Visteon admits only that it is a Delaware corporation with its principal place of business at the alleged address in Michigan. The remaining averments set forth in this Paragraph are denied. 4. The averments set forth in this paragraph are directed to another Defendant. To the extent they may be deemed to apply to Visteon, after reasonable investigation, Visteon is without knowledge or information sufficient to form a belief as to the truth of these averments; accordingly, these averments are denied. 5. After reasonable investigation, Visteon is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph; accordingly, these averments are denied. 6. After reasonable investigation, Visteon is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph; accordingly, these averments are denied. 7. The averments in this paragraph are denied as conclusions of law to which no response is required. To the extent that the averments of this paragraph are deemed factual in nature, after reasonable investigation, Visteon is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph; accordingly, these averments are denied. 8. After reasonable investigation, Visteon is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph; accordingly, these averments are denied. By way of fiuther response, Visteon denies that any of its products were defective, unreasonably dangerous or the proximate cause of the incident and damages alleged by Plaintiff. Visteon further denies that it was negligent, careless or other culpable or that its acts or omissions proximately caused the injuries and damages alleged by Plaintiff. 9. Visteon generally admits only that it designed, manufactured, tested and distributed certain airbag system components that were installed in some Ford Mustang vehicles. Since Plaintiff has not identified the subject vehicle by vehicle identification number, and for other reasons, after reasonable investigation, Visteon is without knowledge or information sufficient to form a belief as to the truth of the averments that Visteon components were installed in the 2000 Ford Mustang alleged to be involved in the subject accident; therefore, Visteon denies those averments at this time. All remaining averments are specifically denied. Count I - Product Liability Loretta Ferster v. TRW. Visteon and C&C 10. Visteon refers to and incorporates by reference herein as if fully set forth its answers to all Paragraphs numbered 1 through 9. . 11. To the extent that the averments of this paragraph are directed to parties other than Visteon, no response is required. To the extent that Visteon is deemed to have an obligation to respond to those averments directed to Defendants TRW and C&C Ford, Visteon incorporates by reference the averments in this Answer and New Matters to Plaintiff's Complaint and the New Matter Cross Claim directed to Defendant C&C Ford. After reasonable investigation, Visteon is without knowledge or information sufficient to respond to the remaining averments directed to Defendants TRW & C&C Ford. By way of further response, Visteon denies that it breached any obligations to Plaintiff pursuant to either common law or the Restatement of the Law of Torts (Second) or that it otherwise should be held liable for the reasons set forth in subparagraphs 11(a) through 11(z). Defendant Visteon further denies that it is or should be liable to Plaintiff or that it proximately caused the injuries and damages alleged. I la-c Denied. Defendant Visteon did not participate in the sale of the 2000 Ford' Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon that product would not have been sold by Visteon in a defective or unreasonably dangerous condition nor would it have been unsafe for its intended uses. 11d. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon that product would not have been sold by Visteon with inadequate warnings and instructions. I le-f. Denied. Defendant Visteon did not manufacture or design any components in the passenger side airbag itself. Any products designed, manufactured or sold by Visteon that were Incorporated by others into the passenger side airbag system would not have been dangerous, defective or unreasonably dangerous nor would it have caused serious or catastrophic injuries to Plaintiff. I lg. Denied. Defendant Visteon did not manufacture or design any components in the passenger side airbag. Any products designed, manufactured or sold by Visteon that were incorporated by others into the passenger side airbag system would not have caused the passenger side airbag to improperly inflate. 4 I lh. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would not have been sold by Visteon in a defective or unreasonably dangerous condition nor would it have been unsafe for its intended uses. I li. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would not have been dangerous or likely to cause injuries. I lj. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon that product would not have been dangerous or defective. After reasonable investigation, Visteon is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this subparagraph. 11 k. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would not have been dangerous or defective or likely to cause injuries. 111. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would have been accompanied by sufficient warnings to make. that product safe for its intended uses. 11 m. Denied. Defendant Visteon did not sell any product that lacked sufficient safety features to make that product safe for its intended uses. l l n. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon that product would have been accompanied by sufficient warnings to make that product . safe for its intended uses. I lo. Denied. Defendant Visteon did not sell any product that lacked one or more elements to make that product safe for its intended uses. i lp. Denied. Defendant Visteon did not manufacture, design or sell any product that was defective or likely to cause injury. l lq. Denied. Defendant Visteon did not manufacture, design or assemble the 2000 Ford Mustang. If a product designed, manufactured or sold by Defendant Visteon was incorporated into the vehicle that is the subject of Plaintiffs' Complaint, that product would have been safe for its intended uses and not defective. l lr. Denied. Defendant Visteon did not violate OSHA or ANSI standards, if any, that were applicable to any product that it designed, manufactured or sold and which may have been incorporated into the 2000 Ford Mustang. l l s. Denied. Defendant Visteon did not fail to adequately and properly test any product that it designed, manufactured or sold and which may have been incorporated into the 2000 Ford Mustang. I lt. Denied. Defendant Visteon did not assemble any product that was known to or actually did cause any injuries. 11u. Denied. Defendant Visteon did not deliver any product that was .defective or likely to cause injury. I Iv. Denied. Defendant Visteon did not use any component parts that created a risk of harm in any product that it designed, manufactured or sold that may have been incorporated into the 2000 Ford Mustang. l 1w. Denied. Defendant Visteon did not design, manufacture or sell any product that was incorporated into the 2000 Ford Mustang that required additional component parts. 11x. Denied. Upon information and belief, Defendant Visteon was not asked to service the 2000 Ford Mustang. l ly. Denied. Defendant Visteon did not assemble any product that was, incorporated into the 2000 Ford Mustang that was dangerous, defective or known to have caused any injury, l lz. The averments of this paragraph consist of conclusory, open-ended and catch-all averments of liability or culpability that should be stricken because they fail to conform to Pennsylvania pleading requirements. See Connor v. Allegheny General Hospital 461 A.2d 600 (Pa. 1983). 12-13. Deemed as stated. Defendant Visteon denies that it breached any duties under either § 402A of the Restatement of the Law of Torts (Second) or common law. After reasonable investigation, Defendant Visteon is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in these paragraphs. WHEREFORE, Defendant Visteon Corporation, incorrectly named by the Plaintiff as Visteon Automotive, Inc., respectfully requests that the Court dismiss Plaintiff's Complaint with prejudice and enter judgment in its favor against Plaintiff Loretta Ferster together costs, attorneys fees and such further relief as the Court deems appropriate. Count II - Negligence Loretta Ferster v. TRW. Visteon and C&C 14. Visteon refers to and incorporates by reference herein as if fully set forth its answers to all paragraphs numbered 1 through 13. 15. To the extent that the averments of this paragraph are directed to parties other than Visteon and therefore no response is required. To the extent that Visteon is deemed to have an obligation to respond to averments directed to other Defendants in this suit, Visteon incorporates by reference the averments in this answer and new matter to Plaintiff's Complaint and the new matter cross claims directed to Defendant C&C Ford. After reasonable investigation, Visteon is without knowledge or information sufficient to respond to the remaining averments directed to Defendants TRW & C&C Ford. By way of further response, Visteon denies that it breached any obligations to Plaintiff or that it was otherwise negligent as set forth in subparagraphs 15(a) through 15(z). Defendant Visteon further denies that it is or should be liable to Plaintiff or that it proximately caused the injuries and damages alleged. 15a-c Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would not have been sold by Visteon in a defective or unreasonably dangerous condition nor would it have been unsafe for its intended uses. 15d. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would not have been sold by Visteon with inadequate warnings and instructions. 15e-f. Denied. Defendant Visteon did not manufacture or design any of the components in the passenger side airbag itself. Any products designed, manufactured or sold by Visteon that were incorporated by others into the passenger side airbag system would not have been dangerous, defective or unreasonably dangerous nor would it have caused serious or catastrophic injuries to Plaintiff. 15g. Denied. Defendant Visteon did not manufacture or design any components in the. passenger side airbag itself. Any products designed, manufactured or sold by Visteon that were incorporated by others into the passenger side airbag system would not have caused the passenger side airbag to improperly inflate. 15h. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would not have been sold by Visteon in a defective or unreasonably' dangerous condition nor would it have been unsafe for its intended uses. 15i. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would not have been dangerous or likely to cause injuries. 15j. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon that product would not have been dangerous or defective. After reasonable investigation, Visteon, is without knowledge or information sufficient to form a belief as to the truth of the averments in this subparagraph. 15k. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would not have been dangerous or defective or likely to cause injuries. 151. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would have been accompanied by sufficient warnings to make that product safe for its intended uses. 15m. Denied. Defendant Visteon did not sell any product that lacked sufficient safety features to make that product safe for its intended uses. 15n. Denied. Defendant Visteon did not participate in the sale of the 2000 Ford Mustang. If the 2000 Ford Mustang contained a product designed, manufactured or sold by Visteon, that product would have been accompanied by sufficient warnings to make that product safe for its intended uses. 150. Denied. Defendant Visteon did not sell any product that lacked one or more elements to make that product safe for its intended uses. 15p. Denied. Defendant Visteon did not manufacture, design or sell any product that was defective or likely to cause injury. 15q. Denied. Defendant Visteon did not manufacture, design or assemble the 2000 Foid,Mustang. If a product designed, manufactured or sold by Defendant Visteon was incorporated into the vehicle that is the subject of Plaintiffs' Complaint, that product would have been safe for its intended uses and not defective. 15r. Denied. Defendant Visteon did not violate OSHA or ANSI standards, if any, that were applicable to any product that it designed, manufactured or sold and which may have been incorporated into the 2000 Ford Mustang. 15s. Denied. Defendant Visteon did not fail to adequately and properly test any product that it designed, manufactured or sold and which may have been incorporated into the 2000 Ford Mustang. 15t. Denied. Defendant Visteon did not assemble any product that was known to or actually did cause any injuries. 10 15u. Denied. Defendant Visteon did not deliver any product that was defective or likely to cause injury. 15v. Denied. Defendant Visteon did not use any component parts that created a risk of harm in any product that it designed, manufactured or sold that may have been incorporated into the 2000 Ford Mustang. 15w. Denied. Defendant Visteon did not design, manufacture or sell any product that was incorporated into the 2000 Ford Mustang that required additional component parts. 15x. Denied. Upon information and belief, Defendant Visteon was not asked to service the 2000 Ford Mustang. 15y. Denied. Defendant Visteon did not assemble any product that was incorporated into the 2000 Ford Mustang that was dangerous, defective or known to have caused any injury. 15z. The averments of this paragraph consist of conclusory, open-ended and catch-all averments of liability or culpability that should be stricken because they fail to conform to Pennsylvania pleading requirements. See Conno_ r v Allegheny General Hospital, 461 A.2d 600 (Pa. 1983). 16-17. Deemed as stated. Defendant Visteon denies that it breached any duties under either § 402A of the Restatement of the Law of Torts (Second) or common law. After reasonable investigation, Defendant Visteon is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in these paragraphs. Visteon finther denies that it was negligent, careless or other culpable or that its acts or omissions proximately caused the injuries and damages alleged by Plaintiff. WHEREFORE, Defendant Visteon Corporation, incorrectly named by the Plaintiff as Visteon Automotive, Inc., respectfully requests that the Court dismiss Plaintiff's Complaint with 11 prejudice and enter judgment in its favor against Plaintiff Loretta Ferster together costs, attorneys fees and such further relief as the Court deems appropriate. NEW MATTER 18. This case should be transferred to another venue pursuant to the doctrine of forum non conveniens. 19. Plaintiff's claims are barred by the applicable statute of limitations, including 42 Pa. C.S.A. § 5524. 20. Plaintiffs claims are bared by the doctrines of laches, waiver and estoppel. 21. Plaintiffs Complaint should be dismissed as- to Visteon pursuant to 42 Pa. C.S.A. § 5323; Pa. R.C.P. No. 404/403 to the extent that process and service of process is deemed to be insufficient. 22. Plaintiffs alleged injuries and losses were caused in whole or in part by acts, omissions and conduct of others over whom Visteon had no control. 23. The direct and proximate cause of any damages and losses suffered by Plaintiff was the negligence, carelessness, recklessness or other culpable conduct of others in failing to exercise that degree of care that a reasonably prudent person would have exercised under the same or similar circumstances. 24. The intentional, negligent or otherwise culpable acts or omissions of other individuals or entities constituted an intervening, superseding cause of the damages alleged by Plaintiff. 25. This action is governed by the Pennsylvania Comparative Negligence Act and any verdict in this matter must be reduced pursuant to the Pennsylvania Comparative Negligence 12 Act. Thus, if Visteon is found liable to Plaintiff, which is denied, the conduct of others proportionately reduces any liability attributable to Visteon. 26. If Visteon is found liable to Plaintiff, which is denied, the conduct of others proportionately reduces any liability of Visteon to the Plaintiff. 27. To the extent that Plaintiff assumed the risk of the alleged accident and injuries Plaintiff's claims would be barred under the doctrine of assumption of risk. 28. Plaintiff may have failed to properly use the occupant restraint system. If that is the case, Visteon pleads this failure as a defense for all purposes allowed by law, including, but not exclusively, proximate cause and crashworthiness. 29. Plaintiff's alleged injuries and damages were caused in whole or in part by products that were not designed, manufactured, produced, distributed, assembled or sold by Visteon. 30. If a product designed, manufactured or sold by Visteon was involved in the incident alleged by Plaintiff, which is denied, that product would not have been defective, unreasonably dangerous or the proximate cause of the injuries alleged by Plaintiff. 31. If a product manufactured, designed or sold by Visteon was involved in the circumstances alleged by Plaintiff, which is denied, that product, as designed, manufactured and sold was safe for its intended uses. 32. If a Visteon product was involved in the circumstances alleged by Plaintiff, which is denied, Visteon should not be held liable to Plaintiff to the extent that the risks alleged by Plaintiff was open and obvious. 13 33. If a Visteon product was involved in the circumstances alleged by Plaintiff, which is denied, Visteon should not be held liable to the extent that any Visteon product was misused or abused. 34. If a Visteon product was involved in the circumstances alleged by Plaintiff, which is denied, judgment should be entered in favor of Visteon to the extent that a Visteon product was materially and substantially altered by persons or entities other than Visteon. 35. Visteon should not be held liable to the extent that an alternative design for the product at issue in Plaintiff's Complaint would not have prevented Plaintiff s alleged injuries and damages. 36. Visteon should not be held liable to Plaintiff because such claims are pre-empted by federal law. 37. Visteon should not beheld liable to the extent that Plaintiff's Complaint fails to state causes of action upon which relief can be granted. 38. If Visteon is found liable, which is denied, it is not responsible for the damages, if any, that Plaintiff failed to mitigate. 39. Under the terms of the contracts between the parties to this action and others, if any, Visteon is not liable to Plaintiff. 40. If delay damages or prejudgment interest are to be imposed, no award should be made for any delay not caused by Visteon. WHEREFORE, Defendant Visteon Corporation, incorrectly named by the Plaintiff as Visteon Automotive, Inc., respectfully requests that the Court dismiss Plaintiffs Complaint with prejudice and enter judgment in its favor against Plaintiff Loretta Ferster together costs, attorneys fees and such further relief as the Court deems appropriate. 14 NEW MATTER PURSUANT TO PA. R. CIV. P. 2252(d) ADDRESSED TO DEFENDANT C&C FORD SALES INC. 41. Visteon incorporates by reference its response to paragraphs 1 through 40 above as if fully set forth herein at length. 42. Visteon denies that it is liable to Plaintiffs in any sum whatsoever. If Plaintiff's claims are proven, and Visteon is found liable for all or any of the damages alleged in the Complaint, the acts or omissions of defendant C & C Ford Sales, Inc. ("C&C Ford") make,that defendant solely liable to Plaintiff, liable over to Visteon by way of contribution or indemnification (including counsel fees and costs), or jointly and severally liable. 43. If the allegations in Plaintiff s Complaint are proven, Plaintiff's alleged injuries and damages would have been proximately and directly caused by the negligence, carelessness, recklessness or strict liability of defendant C & C Ford as set forth more fully in Plaintiffs' Complaint. 44. As a direct and proximate result of the negligence, carelessness and recklessness set forth above, defendant C & C Ford caused the injuries and damages, if any, alleged in the Complaint in this action. WHEREFORE, Defendant Visteon Corporation, incorrectly named by the Plaintiff as Visteon Automotive, Inc., respectfully requests that the Court dismiss Plaintiff s Complaint with prejudice and enter judgment in its favor against Plaintiff Loretta Ferster and Defendant C&C Ford Sales, Inc. together costs, attorneys fees and such further relief as the Court deems appropriate. 15 JURY DEMAND A jury of twelve members is hereby demanded. KLETT ROONEY LIEBER & SCHORLING David I. osenbaum Catherine A. Hewett Dated: November 11, 2002 16 VERIFICATION I, David Ira Rosenbaum, Esquire, state that I am the attorney for Defendant, Visteon Corporation, and I am authorized, as the attorney, to make this Verification on behalf of my client. The averments contained in the foregoing Answer of Defendant Visteon Corporation to C&C Ford Sales, Inc-'s New Matter and New Matter Cross Claim are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. This attorney verification has been made because the party-in-interest is outside the jurisdiction of the court and cannot be obtained within the time allowed for filing the pleading. November 11, 2002 D 'd I?onbaum 178375 CERTIFICATE OF SERVICE I, Catherine A. Hewett, hereby certify that a true and correct copy of Visteon iCorporation's Answer to Plaintiff's Complaint was served on November 2002 via upon the following: Robert N. Braker, Esquire Catherine Margolis, Esquire Saltz Mongeluzzi Barrett & Bendesky, P.C. 24th Floor 1650 Market Street Philadelphia, PA 19103 Counsel for Plaintiff JefTreyC. Sotland„ ;Esquire Mintzer Sarowitz Zeris Ledva & Meyers 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 Counsel for Defendant C&C Ford Sales, Inc. Jonathan Dryer, Esquire Michael S. Takacs, Esquire Wilson, Elser, Moskowitz, Edelman & Dicker LLP The Curtis Center, Suite 1130 East Independence Square West Philadelphia, PA 19106 Jennifer M. Lenzer Marshall, Dennehey, Arner Coleman & Gog.gin 1845 Walnut Street Philadelphia, PA 19103 (Counsel for Courteous Rentals and Bachert) Brigid Q. Alford Boswell, Tintner, Piccol.a & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Counsel for Defendant TRW Safety Systems/MESA, Inc. David Ira Rosen aum 19 EXHIBIT D Court of Common Pleas of Pbuadelphia County Trial Division PLAINTIFFS NAME Civil Cover Sheet LORErM FERSTER PtA1NTlff 3 ADDRESS 1715 Flintlock Court I Middletown, PA 17057 PLAINTIFF'S ADDRESS PLAINTIFF'S ADDRESS TOTAL NUMBER OF PI.AINTIfR3 TOTAL NO. OF DEFENDANTS AMOUNT IN CONTROVER ? $50,000.00 or less More than 550 000 0 7 , . I NNon-Wy . CASE TYPE AND CODE (SEE INSTRUCTION S) I Si UTTA ORY BASIS FOR CAUSE OF ACTION (SEE INSTRUCTIO Use OEFENOANT'9 NAME FORD M01M COMPANY, MC OE1ENOANT'9 AOORESS American Road Deexborne, NI 48121 OEFENOANT-S NAME SOTPIlk'fI' CAPITAL FORD, INC. OEFENOANrs ADORES$ 1000 Paxton Street Harrisburg, PA 17014 OEFENOANTS NAME 011' OUS RENTAL, INC. DEFENOANT'S AOORESS 50 Market Street Lemoyne, PA 17043 COMMENCEMENT OF ACTION ® Complaint ? Petition Action ? Notice of Appeal ? Writ OfsummOns. ? Transfer From other jurisdictions ? Mass Tort ? comowm ?? Savinp Action ? Minor Court Appeal Petition ? Statutory Appeals RELATED PENOIND CASES (LIST BY CASE CAPTION AND DOCKET NUMBER) TO THE PROTHONOTARY.- Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: Papers may be served at the address set forth below. i NAME OF PLAIN TIff -PETITIONER-S/APPELLANT'S ATTORNEY ROBERT J. MOVGELUZZI/ROBERT N. BRUm PHONE NLMNgq FAX NUMBER 215-496-8282 215-496-0999 SUPREME COURT IDENTIFICATION NO. 36283/62583 I ' SIGNATURE ?A? ADDRESS (SEE INSTRUCTIONS) 1650 Market Street - 34th Floor Philadelphia, PA 19103 E-MAIL ADDRESS DATE 10/24/01 FILED PRO PROTHY CCi 2 5 ? settlement ? Minom ? wiwsurvival is CASE SU0.1ECT TO COORDINATION ORDER? Yes No ? ? ? ? ? ? Court of Common Pleas of P' ')delphta l,ouniy Trial Division Civil Cover Sheet (Supplemental Parties) PLAINTIFF'S NAME PLAINTIFF'S ADDRESS PLAINTIFF'S ADDRESS ADDRESS PLAINTIFF'S V?j Ffeppau sw PLAINTIFF'S ADDRESS PLAINTIFF'S ADDRESS Far PmVwnotery Use WOCH2O01 DEFENDANT'S NAME ASHLEY E. a T 003474 DEFENDANTSADORESS 100 Reed Drive Marysville, PA 17053 DEFENDANTS NAME DEFENDANTS ADDRESS ------------------------- OEFENOANTS NAME DEFENDANTS ADDRESS DEFENDANT'S NAME DEFENDANTS ADDRESS DEFENDANTS ADDRESS DEFENDANT'S NAME DEFENDANTS ADDRESS DEFENDANTS ADDRESS DEFENDANrg NAME DEFENDANTS ADDRESS OT-102 THIS IS NOT AN ARBITRATION MATTER. AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED. SALTZ, MONGELUZZI BARRETT & BENDESKY, P.C. BY: ROBERT J. MONGELUZZI/ROBERT N. BRAKER IDENTIFICATION NO.: 36283/62583 34' FLOOR ATTORNEYS FOR PLAINTIFF 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 JURY FEE PAIL) LORETTA FERSTER 1715 Flintlock Court Middletown, PA 17057 V. FORD MOTOR COMPANY, INC. American Road Deerbome, MI 48121 and SUTLIFF CAPITAL FORD, INC. 1000 Paxton Street Harrisburg, PA 17014 and COURTEOUS RENTAL, INC. 50 Market Street Lemoyne, PA 17043 and ASHLEY E. BACHERT 100 Reed Drive Marysville, PA 17053 COURTPHILADELPOF MACOMMONCOUNTYPLEAS LAW DIVISION TERM, 2001 No. OCTOSE132001 JURY TR/AL DEMANDED 0034'74 JURY FF.EFAt COMPLAINT -CIVIL, ACTION 'You have been sued In court. If you wOh to defend against the dalms set forth in the following pages, you must take action within twenty (20) days after this complaint and nods are $w d, by court appearance personally or by an attorney and filing in ra9 With the Yuur defenses or objections to the claims set forth against are warned that If you fall to do so the case may proceed without you. You be entered against you by the court without further notice for anyr mand a oneyjclaeinmgK complaint or for any other dalm or relief requested by the plaintiff. You may lose money or oroperty or other rights knportant to you. 'YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A AWY(it OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW '0 FIND OUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL nit INFORMATION SERVICE One Reding CemKr Plnldelpkiti Peamylvania IM7 (315) 231.1704" "AVISO 'Le 'an demandado a usted an In carte. SI uusted quiere defendese do estas demandas expuestas an las pdglnas slgulents, usted tone veinte (20) dies, de plazo al partir de la fecha de la demands y Is nodficedbn. Hace Papa asentar una cemparenca escrlta o en persona o con un abagado y entregar a la torte an forma esO to sus defenses o sus 0*06ones a las demandas an contra de ou persona. Sea avisado qua sl usted no de ddknde, Is torte tomard medldas y puede candnuar Is demands an contra suya sin prevlo viso 0 nodficalon. AderrAs, la torte puede deddir a favor del demandante y req Jere gue usted cumpla con tadas las provisions de esta demanda. Usted Puede perder dinero 0 sus PrOPiedades u otros derechos importantes Para usted. "LLEVE BETA DEMANDA A UN ABOOADO INMEDIATAMENTE SI NO TIBNE ABAGADO 0 SI NO TIENE EL DfNERO SUPICI@ITB DE PARGAR TAL SERVICO VAYA EN PERSONA 0 LIAME POR TELEFONO A LA OFICDIA CUYA DIRBCCION BE ENCUENTRA ESCRITA ABAIO PARA AVERIGUAR DONDE SE PUEDE CGNSEGUIR ASUTBNCIA LEGAL ASSOCIACION DE ucENDIADOS DE PILADELFIA SERVICD DE REPERENCA E INFORMACION LEGAL One Reding Cmter Fihddk Poudylvania 19107 Tdefono. (215) 236.1701" Plaintiff, Loretta Ferster, claims of defendants, Ford Motor Company, Inc., Sutliff Capital Ford, Inc., Courteous Rental, Inc. and Ashley E. Bachert, jointly and severally, separate sums in excess of Fifty Thousand Dollars ($50,000.00) in damages, upon causes of action, whereof the following are true statements: 1. Plaintiff, Loretta Ferster, is an adult individual and citizen of the Commonwealth of Pennsylvania, residing at 1715 Flintlock Court, Middletown, PA 17057. 2. Defendant, Ford Motor Company, Inc., (hereinafter referred to as "Ford"), Is a corporation, organized and existing under and by virtue of the laws of the State of Delaware, and which, at all times mentioned and material hereto, has engaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, systematic, continuous and substantial basis, with its principal place of business located at American Road, Deerborne, MI 48121 and at all times relevant hereto was engaged in the design, manufacture, production, distribution, sale and assembly of motor vehicles, including the 2000 Ford Mustang. 3. Defendant, Sutliff Capital Ford, Inc., (hereinafter referred to as "Sutliff Capital") Is a corporation, organized and existing under and by virtue of the laws of the State of Pennsylvania, and which, at all times mentioned and material hereto, has engaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, systematic, continuous and substantial basis, with its principal place of business located at 1000 Paxton Street, Harrisburg, PA 17014 and at all times relevant hereto was engaged in the design, manufacture, production, distribution, sale and assembly of motor vehicles, including the 2000 Ford Mustang. 4. Defendant, Courteous Rental, Inc., (hereinafter referred to as "Courteous Rental") Is a corporation, organized and existing under and by virtue of the laws of the State of Pennsylvania, and which, at all times mentioned and material hereto, has engaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, systematic, continuous and substantial basis, with its principal place of business located at 50 Market Street, Lemoyne, PA 17043. 5. Defendant, Ashley E. Bachert, is an adult individual and citizen In the Commonwealth of Pennsylvania residing at 100 Reed Drive, Marysville, PA 17053 ,and, at all times mentioned herein was an agent servant, workmen and/or employee of defendant, Courteous Rental, acting within the course and scope of her employment with defendant, Courteous Rental 6. On August 25, 2000, at or about 4:27 p.m., defendants, Courteous Rental and Ashley E. Bachert, owned, managed, maintained, possessed and/or controlled a certain motor vehicle, namely, a 2000 Ford Mustang bearing Pennsylvania license plate number CBS 9756, which motor vehicle was traveling In a southerly direction on Route 11 in East Pennsboro Township, Cumberland County, Pennsylvania. 7. At the time and place aforesaid, plaintiff, Loretta Ferster, was a lawfully and properly situated front-seated passenger in the 2000 Ford Mustang, as aforesaid. 8. At the time and place aforesaid, defendants, Courteous Rentals and Ashley E. Bachert, so carelessly and negligently operated the 2000 Ford Mustang, as aforesaid, by failing to properly and adequately maintain control and safe operation of her said motor vehicle and by failing to have said motor vehicle under such control so as to have been able to bring said vehicle to a stop prior to striking a vehicle travelling in a southerly direction on Route 11, which vehicle was being operated by Raymond E. Petit, 21 Centre Terrace, Rochester, NY 14617. 9. At the time of the aforesaid collision, the passenger-side alrbag of the 2000 Ford Mustang exploded in such a manner that It caused plaintiff to sustain those serious and permanent personal injuries more specifically set forth hereinafter. 10. Defendants, Ford Motor Company, Inc. and Sutliff Capital Ford, Inc., designed, manufactured, assembled, built, installed, marketed and sold the aforesaid 2000 3 Ford Mustang including the dangerous and defective passenger-side airbag which injured plaintiff, which injuries are more specifically set forth hereinafter. COUNT I- PRODUCT LIABILITY LORETTA FERSTER V. FORD MOTOR COMPANY, INC. AND SUTLIFF CAPITOL RD INC 11. Plaintiff incorporates herein by reference paragraphs 1 through 10 of this Complaint the same as if fully set forth hereinafter. 12. Defendants, Ford Motor Company, Inc. and Sutliff Capital ForA, Inc., by and through their separate and respective agents, servants, workers and representatives, breached their duties and obligations owed to plaintiff pursuant to common law and §402A of the Restatement of th ayv of To11!5_o d), nand are liable to plaintiff for causing injury for the following reasons: (a) Selling the 2000 Ford Mustang in a defective condition; (b) Selling a product, the 2000 Ford Mustang, which was unreasonably dangerous; (c) Selling a product, the 2000 Ford Mustang, which was not safe for its intended use; (d) Failing to have adequate warnings on the 2000 Ford Mustang; (e) Providing a-motor vehicle with an unreasonably defective passenger- side airbag; (f) Providing a vehicle which had a dangerous and defective airbag which would and did cause serious and catastrophic injuries to plaintiff; (9) Providing a vehicle with a dangerous and defective airbag which improperly inflates; (h) Selling a product, the 2000 Ford Mustang, with a defective airbag; 4 (1) Selling a product, the 2000 Ford Mustang, which had a dangerous airbag which would likely cause injuries to individuals coming In contact with the same; (j) Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag which contained air that was too dangerously hot; (k) Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag, which was made of a material which likely cause serious and catastrophic injuries to all persons coming in contact with the same; (1) Failing to warn users of the dangerous and defective airbag; (m) Selling a product which lacked all necessary safety features to protect users of said product; (n) Failing to have proper warnings and instructions concerning the use of the vehicle and Its airbags; (o) Selling a product which was lacking one or more elements necessary to make it safe for its intended use; (p) Manufacturing, designing and distributing a product which was defective and which would likely cause Injury to its users; (q) Failing to equip the 2000 Ford Mustang with the necessary safety devices; (r) Violating applicable OSHA and ANSI standards; (s) Failing to adequately and properly test said vehicle; (t) Assembling a product which defendants knew or should have known would cause injury to the user; (u) Delivering a product which was defective and would likely cause injury to the user; II (v) Using component parts which created a risk of harm to the user of the product; 5 (w) Supplying a product which required component parts to decrease the risk of harm to the user; (x) Failing to properly service this product; (y) Assembling a product which defendants knew or should have known would cause injury to the user because of the dangerous and defective airbag; and (z) Other acts of product liability which will be discovered during the course of discovery of this matter. 13. As a result of the breach of its duties under §402(A) of the Restatement of the Law of D (Second) and common law, plaintiff, Loretta Ferster, sustained serious and disabling permanent personal injuries: she sustained a severe fracture of her right wrist complicated by nonunion; she sustained a traumatic laceration of her right wrist; she sustained a traumatic laceration of her ulnar nerve with neuroma; she sustained traumatic carpal tunnel syndrome; she sustained traumatic arthritis of the distal radioulnar joint; she was required to undergo an open reduction and open fixation of the malunion radius with iliac crest bone grafting, left median nerve decompression and neurolysis,'neurolysis of the ulnar nerve with stabilization neuroma, flexor tenosynovectomy flexor tendons and all tendons resectioned capsulodesis of the distal ulna major surgical procedure; she has suffered from severe pain in her right arm, hand and fingers; she has suffered from severe weakness in her right hand, arm and fingers; she has suffered from severe difficulty utilizing her right hand, arm, fingers and wrist; she has lost the range of motion of her right hand, arm, fingers and wrist; she underwent an application of external fixation device of the radius, closed reduction of fracture without Internal fixation of the radius and ulna, suture of the skin and subcutaneous tissue, debridement of the open fracture of the radius and ulna and application of wound dressing major surgical procedure; she suffers from numbness of her right arm, hand, wrist and fingers; she has been required to wear a splint; she has lost the strength of her grip; she has lost the strength in her hand; she sustained injury to her cervical spine; she has suffered from pain in her right shoulder; she lost a significant 6 ? . i amount of blood; she will likely require future cosmetic surgery; she has suffered from unsightly scarring; she has suffered from tremendous embarrassment; she sustained further orthopedic, neurological, internal, psychological and psychiatric injuries, the full extent of which has yet to be determined; she sustained severe shock to her nerv es and nervous system; she has in the past required and will in the future continue to require medicines, medical care and treatment; she has In the past suffered and will in the future continue to suffer agonizing aches, pains, suffering and mental anguish; she has in the past and will in the future continue to be disabled from performing her usual duties, occupations and avocations, all to her great loss and detriment; she has suffered from a loss of life's pleasures. 14. Plaintiff has sustained and makes claim for pain and suffering, loss of physical function, permanent physical, mental and psychological injuries, humiliation and embarrassment, loss of life's pleasures, loss of earnings and earning capacity and any and all of the damages to which she is entitled or may be entitled under the law of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff, Loretta Ferster, claims of defendants, Ford Motor Company, Inc. and Sutliff Capital Ford, Inc., jointly and severally, separate sums in excess of Fifty Thousand Dollars ($50,000.00) in damages, and brings this action to recover the same. COUNT II- NEGLIGENCE LORETTA FERSTER v. FORD MOTOR COMPANY, INC. AND SUTLIFF CAPITAL Anon INC 15. Plaintiff Incorporates herein by reference paragraphs 1 through 14 of this Complaint the same as If fully set forth hereinafter. 16. Defendants, Ford Motor Company, Inc. and Sutliff Capital Ford, Inc., by and through their separate and respective agents, servants, workers and representatives, breached their duties and obligations owed to plaintiff due to their negligence, and are liable to plaintiff for causing injury for the following reasons: 7 (a) Selling the 2000 Ford Mustang in a defective condition; (b) Selling a product, the 2000 Ford Mustang, which was unreasonably dangerous; (c) Selling a product, the 2000 Ford,Mustang, which was not safe for its intended use; (d) Failing to have adequate warnings on the 2000 Ford Mustang; (e) Providing a motor vehicle with an unreasonably defective passenger- side airbag; (f) Providing a vehicle which had a dangerous and defective airbag which would and did cause serious and catastrophic Injuries to plaintiff; (g) Providing a vehicle with a dangerous and defective airbag which improperly inflates; (h) Selling a product, the 2000 Ford Mustang, with a defective airbag; (1) Selling a product, the 2000 Ford Mustang, which had a dangerous airbag which would likely cause injuries to individuals coming in contact with the same; U) Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag which contained air that was too dangerously hot; (k) Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag, which was made of a material which likely cause serious and catastrophic injuries to all persons coming In contact with the same; (1) Failing to warn users of the dangerous and defective airbag; (m) Selling a product which lacked all necessary safety features to protect users of said product; (n) Failing to have proper warnings and instructions concerning the use of the vehicle and its airbags; (o) to make it safe for its intended use; Selling a product which was lacking one or more elements necessary 8 (p) Manufacturing, designing and distributing a product which was defective and which would likely cause injury to its users; (q) Failing to equip the 2000 Ford Mustang with the necessary safety devices; (r) Violating applicable OSHA and ANSI standards; (s) Failing to adequately and properly test said vehicle; (t) Assembling a product which defendants knew or should have known would cause injury to the user; (u) Delivering a product which was defective and would likely cause injury to the user; (v) Using component parts which created a risk of harm to the user of the product; (w) Supplying a product which required component parts to decrease the risk of harm to the user; (x) _ Failing to properly service this product; (y) Assembling a product which defendants knew or should have known would cause injury to the user because of the dangerous and defective airbag; and (z) Other acts of negligence which will be discovered during the course of discovery of this matter. 17. As a result of the breach of its duties, as aforesaid, plaintiff, Loretta Ferster, sustained serious and disabling permanent personal Injuries: she sustained a severe fracture of her right wrist complicated by nonunion; she sustained a traumatic laceration of her right wrist; she sustained a traumatic laceration of her ulnar nerve with neuroma; she sustained traumatic carpal tunnel syndrome; she sustained traumatic arthritis of the distal radioulnar joint; she was required to undergo an open reduction and open fixation of the malunion radius with iliac crest bone grafting, left median nerve decompression and neurolysis, neurolysis of the ulnar nerve with stabilization neuroma, flexor tenosynovectomy 9 flexor tendons and all tendons resectioned capsulodesis of the distal ulna major surgical procedure; she has suffered from severe pain in her right arm, hand and fingers; she has suffered from severe weakness in her right hand, arm and fingers; she has suffered from severe difficulty utilizing her right hand, arm, fingers and wrist; she has lost the range of motion of her right hand, arm, fingers and wrist; she underwent an application of external fixation device of the radius, closed reduction of fracture without internal fixation of the radius and ulna, suture of the skin and subcutaneous tissue, debridement of the open fracture of the radius and ulna and application of wound dressing major surgical procedure; she suffers from numbness of her right arm, hand, wrist and fingers; she has been required to wear a splint; she has lost the strength of her grip; she has lost the strength in her hand; she sustained Injury to her cervical spine; she has suffered from pain in her right shoulder; she lost a significant amount of blood; she will likely require. future cosmetic surgery; she has suffered from unsightly scarring; she has suffered from tremendous embarrassment; she sustained further orthopedic, neurological, Internal, psychological and psychiatric injuries, the full extent of which has yet to be determined; she sustained' severe shock to her nerves and nervous system; she has In the past required and will in the future continue to require medicines, medical care and treatment; she has in the past suffered and will in the future continue to suffer agonizing aches, pains, suffering and mental anguish; she has in the past and will In the future continue to be disabled from performing her usual duties, occupations and avocations, all to her great loss and detriment; she has suffered from a loss of life's pleasures. 18. Plaintiff has sustained and makes claim for pain and suffering, loss of physical function, permanent physical, mental and psychological injuries, humiliation and embarrassment, loss of life's pleasures, loss of earnings and earning capacity and any and all of the damages to which she is entitled or may be entitled under the law of the it Commonwealth of Pennsylvania. 10 WHEREFORE, plaintiff, Loretta Ferster, claims of defendants, Ford Motor Company, Inc. and Sutliff Capital Ford, Inc., jointly and severally, separate sums in excess of Fifty Thousand Dollars ($50,000.00) in damages, and brings this action to recover the same. COUNT III- NEGLIGENCE LORETTA FERSTER v. COURTEOUS RENTAL, INC. AND ASHLEY E 13ACHERT 19. Plaintiff incorporates herein by reference paragraphs 1 through 18 of this Complaint the same as if fully set forth hereinafter. 20. Defendants, Courteous Rental, Inc. and Ashley E. Bachert, were careless and negligent In: (a) Operating their said motor vehicle at an excessive rate of speed under the circumstances; (b) Failing to maintain proper and safe control of their said motor vehicle; (c) Failing to maintain such control of their said motor *vehicle so as to have it in a position to bring it to a stop prior to striking the vehicle in front of it; (d) bringing it to a stop prior to striking the vehicle in front of it; (e) Failing to yield the right of way to another motor vehicle; (f) Failing to maintain a proper and safe lookout for traffic and road conditions then and there existing; (g) Failing to observe traffic and vehicular conditions then and there existing; (h) Failing to observe safe driving precautions and procedures under all of the circumstances; (1) Failing to obey safe traffic signals, controls, signs and warnings then and there existing; Causing and allowing their motor vehicle to proceed forward without 11 U) adequate equipment and safety devices; (k) Operating their motor vehicle in a careless and negligent manner; and (1) Failing to exercise reasonable care under all of these circumstances. 21. By reason of the negligence of defendants, Courteous Rental, Inc. and Ashley E. Bachert, as aforesaid, plaintiff, Loretta Ferster, sustained the serious and permanent injuries as previously mentioned In paragraphs 13 and 14. WHEREFORE, plaintiff, Loretta Ferster, claims of defendants, Courteous Rental, Inc. and Ashley E. Bachert, jointly and severally, separate sums in excess of Fifty Thousand Dollars ($50,000.00) in damages, and brings this action to recover the same. SAUZ, MONGELUZZI, BARRE77 & BENDESKy, P. C. t? QY: ? ?G ROBERT J. MONGELUZZI ROBERT N. BRAKER Attorneys for Plaintiff, Loretta Ferster Falling to equip their said motor vehicle with proper, safe and 12 VERIFICATION The averments or denials of fact contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertani which of the inconsistent averments are true, but signer has knowledge or information sufficient t`d'?form a belief that one of them is true. This Verification is made subject to the penalties of 18 P4?C.S. §4904, relating to unworn falsification to authorities. LORETTA FERSTER DATED: Q j L 10 04 ?O KLETT ROONEY LIEBER & SCHORLING P.C. By: David Ira Rosenbaum, Esquire Identification No. 52859 By: Catherine A. Hewett, Esquire Identification No. 82178 Two Logan Square, 12'h Floor 18' and Arch Streets Philadelphia, PA 19103 (215) 567-7500 VISTEON CORPORATION Attorneys for Plaintiff Vist:eon Corporation Court of Common Pleas Cumberland County Plaintiff 11! t I Term V. No. Q a ' L? b D ASHLEY E. BACHERT and COURTEOUS RENTAL, INC., Jury Trial of 12 Demanded Defendants. ENTRY OF APPEARANCE Kindly enter the appearances of David I. Rosenbaum and Catherine A. Hewett on behalf of Plaintiff Visteon Corporation in the above captioned matter KLET ONEY LIEBER & SCHORLING L L_ David Ira Rosenbaum Catherine A. Hewett Two Logan Square, 12th Floor Philadelphia, PA 19103 Attorneys for Plaintiff Visteon Corporation Dated: December 30, 2002 C: ' C- G -V C-t SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-06188 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VISTEON CORPORATION VS BACHERT ASHLEY ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BACHERT ASHLEY E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 9th , 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Perry County 49.92 Sheriff of Cumberland County .00 86.92 01/09/2003 KLETT ROONEY LIEBER SCHORLING Sworn and subscribed to before me this /3 day of iUt?3 A.D. l Prothonota y SHERIFF'S RETURN - REGULAR CASE NO: 2002-06188 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VISTEON CORPORATION VS BACHERT ASHLEY ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE COURTEOUS RENTAL INC was served upon the DEFENDANT , at 1438:00 HOURS, on the 2nd day of January 2003 at 50 MARKET STREET LEMOYNE, PA 17043 by handing to JOHN SCHLEGEL, CONTROLLER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 27.04 Sworn and Subscribed to before me this J-J ?- day of ? ._ 2op-3 A. D. } ?J+ %"- (2 , T, P honotary So Answers: R. Thomas Kline 01/09/2003 KLETT ROONEY LIEBER SCHORLING By: A ? /,? W Deputy S iff In The Court of Comoro Visteon s o f C Corporation n lea timberland Coun Ashely vs. SERVE: s? chert et al `J Pennsyly? No. 02 6188 '---?_ civil Now, December 31,. 2002 hereby deputize the Sheriff of I, S?RIFF OF CU ERLAND - deputation being made at the rrv County to CITY PA, do request and risk of execute this Writ the Plaintiff. this Sheriff of Cumberland Co untY, PA Now, Affidavit of Service Janu 7 cOmarPl 3 within , 20 03 , at 1:4 aint --4 O'clock upon M. served the at 100 Reed Dr Ashley E, Bachert , Marys ill by handing to e' Pa. 17053 Cathy Bachert_ Rye Township a True Defendant & Attested s mother and made known to Her COPY of the on ginal ?c_omPlaint the contents thereof. So answers, James T. Bennett DeputY Sh iffof Perry County, PA COSTS SERVICE MILEAGE- $ AFFIDA VIT ?- Sworn and subscribed m before e this -M CIAX, r MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: JONATHAN M. FIELD, ESQUIRE Identification No.: 52581 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 8230.0055 VISTEON CORPORATION Attorney for Defendant(s), COURTEOUS RENTALS. INC. COURT OF COMMON PLEAS Cumberland County VS. ASHLEY E. BACHERT AND COURTEOUS RENTAL, INC. December Term, 2002 No. 6188 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Defendant, Courteous Rentals, in the within action. Defendant hereby demands a jury trial in this matter. Jury of twelve with alternates, demanded. MINTZER, SAROWITZ, ZERIS-,NLEDVA & MEYERS BY: 1 -- il JONAT A M. ELD, ESQUI Attorney or Def ndant(s): COURTEOUS RENTALS. INC. -r--- w O _ co Cr: C t ' % i tU n may' LAW OFFICES MINTZER SAROWITZ ZERIS LEDVA & MEYERS A LIMITED LIABR,rrY PARTNERSHIP JAY E. MINTZER Ot LAWRENCE S. SAROWITZ ** JAMES N. ZERIS *** STEPHEN LEDVA,JR.* ADDISON J. MEYERS **** DANIEL J. MCCARTHY** KIMBERLY A. JUBANYIK LAWRENCE M. KELLY* SCOTT D. KIRSCHBAUM **** JEFFREY C. SOTLAND* RICHARD A. GASH *** KEVIN L. KELLY 000 JONATHAN M. FIELD * PHILLIP B. SILVERMAN *** HENRY J. ACHIRONOO DAVID S. COHEN * CHRISTOPHER J. CARLSON • MEMBER PA & NJ BAR ONLY MEMBER PA, NJ & NY BAR ONLY ••• MEMBER PA & NY BAR ONLY •"•• MEMBER FLA BAR ONLY 0 MEMBER PA, NJ & FLA BAR ONLY 00 MEMBER NY BAR ONLY 000 MEMBER NY & NJ BAR ONLY 0000 MEMBER NJ BAR ONLY t LLM. TAXATION tt MEMBER PA BAR ONLY ttt MEMBER NY, OH & AZ BAR tttt MEMBER NJ BAR ONLY Email: jfield@defensecounsel.com Office of the Prothonotary COURT OF COMMON PLEAS 1 Courthouse Square Carlisle, PA 17013 NEW YORK OFFICE 39 BROADWAY SUITE 950 NEW YORK, NY 10006 (212) 968-8300 FAX (212) 968-9840 January 29, 2003 FLORIDA OFFICE 255 ALHAMBRA CIRCLE SUITE 1150 CORAL GABLES, FL 33134 (305) 774-9966 FAX (305) 774-7743 RE: VISTEON CORPORATION vs. ASHLEY E. BACHERT Dear Sir/Madam: 22ND FLOOR 1528 WALNUT STREET PHILADELPHIA, PA 19102-3614 (215) 735-7200 FAX (215) 735-1714 NEW JERSEY OFFICE WOODCREST PAVILION 10 MELROSE AVENUE, SUITE 120 CHERRY HILL, NJ 08003 (856) 616-0700 Fax (856) 616-0776 AND COURTEOUS RENTAL, INC. CCP Cumberland County, December Term, 2002, No. 6188 STEVEN N. CHERRY JOHN P. MAUCHER * KEVIN B. STEINBERG BENJAMIN J. TARTAGLIA, III JAMES E. MURPHY LISA R. HARRIS **** MICHAEL C. CORCORAN JUDITH H. RING * SUSY O. CHO * SUSAN R. ENGLE * DAVID Y. HOM 000 PETER A. FRUCCHIONE 00 ERIKA L. OMUNDSON ttt MATTHEW E. MAZUR, JR. **** JOSHUA A HARVEY fit JENNIFER L. HECHLER tttt MAYYA S. GOTLIB 00 ANDREA P. SOKOL **** MEREDITH R. KRAIN * ROBERT W. SHAW, III * CHRISTOPHER R. MANK **** GEORGE W. VOKOLOS BARBARA S. DIAMOND **** STEVEN E. McCONNELL tt JAMES N. BACKENSON * JENNIFER B. WARMANN HARPER J. DIMMERMAN OUR FILE NO: 8230.0055 Enclosed you will find an original and a copy of our Entry of Appearance with reference to the above matter. Kindly file and return a time stamped copy in the self-addressed stamped envelope provided herein. Also, enclosed you will find this firm's check in the sum of $1.50 in payment for a copy of the docket entries in this case. Kindly forward same to me by return mail. Our office has been retained by Legion Insurance Company to represent the Defendants. Please be advised that on March 28, 2002 the Pennsylvania Commonwealth Court issued an Order placing Legion Insurance Company (in Rehabilitation) and staying all cases against Legion insured/defendants. Legion Insurance Company remains in Rehabilitation pursuant to a recent Order extending the Stay until January 31, 2003. In this regard we are enclosing the original Order along with the most recent Order extending the Stay of Proceedings on Legion cases. We have recently been informed that the Legion Stay has been extended for another thirty (30) days. We will forward a copy of the Order upon receipt. PROTHONOTARY January 29, 2003 Page 2 Thank you for your cooperation in this matter. FIELD JMF/rmf Enclosures cc: Catherine A. Hewett, Esuire 'e . IN THE COMMONWEALTH COURT OF PENNSYLVANIA'S 0.2 3 M. Diane Koken, Insurance Commissioner, Commonwealth of Pennsylvania, Plaintiff V. No. 183 M.D. 2002 Legion Insurance Company, . Defendant ORDER AND' NOW, this 27th day of December,* 2002, after reviewing the Rehabilitator's Motion to Extend Stay of Litigation and for Enlargement of Time for Filing the Rehabilitator's Post-Hearing Reply Brief in the Liquidation Proceedings, it is hereby ORDERED as follows: 1. The Rehabilitator shall file a reply brief to the brief of the Mutual Risk Management, Inc., et al., on or before January 8, 2003. 2. The stay set forth in Paragraph S of the September 25, 2002 Order is extended to thirty-one: (31) days. Court actions, arbitrations and mediations, including but not limited to discovery,'currently pending, or hereafter filed, against Legion Insurance Company. (In Rehabilitation) or its insureds in the Commonwealth of Pennsylvania or elsewhere, are stayed beginning January 1, 2003 and ending January 31; 2003. MARY HANNAH LEAVITT, Judge CertRied from the Record DEC 3 0 2002 and Order Exit I IN THE COMMONWEALTH COURT OF PENNSYLVAMA M. Dim Kokxs, bamwe Commissioner of ttte Commonwealt#i of pennsyliania, phd tiff v, Legion fimun we Company One Logan. Square, Suite 1400 PhRsdelphia, FA 19103 DockctNo. /0-3 /Y.P. Defendant . ORDER AND NOW, this of IYAqrW , 20Z np. con4dwation ofthC Pe#ition for lte},abltrtation "etition") Hied by the Inamce Cmmissione r of the Commonwealth of Pennsylvania("VAmmisdobal, the Coot heraby-finds tbat-it is in to best interest of Legion Insxme Company irLceaur ), its poligholdeM moditors, and.the public, that Legid9n be placed into RehabIlitatiob is accotdancae with pmvis ms of Article V of the Insm um Department Act of t9Z1, Act ofMay 17,192 1, P.L. 789, as su 40 F.S. 6§221.1-221-63, and that sufficient groun& C;dd ftor the entry of air Otdar of li?bt on Molar'), based an Legiorfs consew to vehablletetlan =der 40 F.S. §721.14(12). NOW,. tire, it is l ereby ORD.EM, ADRMOM AND DECREED that 1. The Petition for Itehabilitat?n filed by the Commisaiaater is grant. r 2. Effective April 1, 2002, Legion is hereby placed in rehabilitation pursuant to the provisions of Article V of the Insurance Department Act, supra. 3. M. Diane Koken, Insurance Commissioner of the Commonwealth of Pennsylvania, is, and her successors in office are, hereby appointed Rehabilitator of Legion, directed to take immediate possession of its property, business and affairs as Rehabilitator pursuant to the provisions of Article V of the Insurance Department Act, supra. and to take such action as the nature of this case and the interests of the policyholders, creditors, or the public may require. 4. The Rehabilitator shall have full powers and authority given the Rehabilitator under Article V of the Insurance Department Act, supra. and under provisions of all other applicable laws, as are reasonable and necessary to fulfill the duties and responsibilities of the Rehabilitator under Article V of the Insurance Department Act, supra' and under this Order. ASSETS OF THE ESTATE 5. As provided in Section 515(c) of Article V of the Insurance Department Act, supra, as Rehabilitator, the Commissioner is hereby directed to take possession of the assets, contracts and rights of action of Legion, of whatever nature and wherever located, whether held directly or indirectly. According to Section 515(c), supra. "the 2 filing or recording of this Order with the clerk of the Commonwealth Court or recorder of deeds of the county in which the principal business of Legion is conducted, or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that recorder of deeds would have imparted." 6. All banks, investment bankers, or other companies, entities, or persons having in their possession assets which are, or may be, the property of Legion are hereby ordered to advise the Rehabilitator, and any agents and attorneys for the Rehabilitator (collectively, the "Rehabilitator") immediately of such assets and to identify such assets for the Rehabilitator, and are further ordered not to disburse, convey, transfer, pledge, assign, hypothecate, encumber or in any manner dispose of such assets without the prior written consent of, or unless directed in writing by, the Rehabilitator. Any checks or other payments which have, as of the date of this Order, been actually mailed or actually delivered to the payee will, provided same are otherwise proper and in compliance with relevant law, be honored without prejudice to the rights of the Rehabilitator regarding recoupment from the recipient. Such persons and entities, and all other persons and entities, are enjoined from disposing of or destroying any records pertaining to any business transactions between Legion and banks, brokerage houses or other persons or companies having done business with Legion or having in their possession assets, which are, or were, the property of Legion. 3 7. All insurance agents, managing general agents, brokers or other persons having sold policies of insurance and/or collected premiums on behalf of Legion shall account for all earned premiums and commissions and shall account for and pay all premiums and commissions unearned due to policies canceled in the normal course of business, directly to the Rehabilitator at the offices of Legion within 30 days of the date of this Order, or the date of receipt, whichever is later, or appear before this Court to show good cause as to why they should not be required to account to the Rehabilitator. No insurance agent, broker, or other person shall use premium monies owed to Legion for any purpose other than payment to the Rehabilitator. 8. At the request of the Rehabilitator, all attorneys employed or retained by Legion as of the date of this Order shall, within 30 days of such request, report to the Rehabilitator the name, company claim number, if applicable, and status of each case or matter they are handling on behalf of Legion. The Rehabilitator need not make payment for any unsolicited reports. 9. At the request of the Rehabilitator, any company providing telephone service to Legion shall provide new telephone numbers and refer calls from the numbers presently assigned to Legion to any such new numbers and perform any other changes necessary to the conduct of the Rehabilitation of Legion. 4 10. Any premium finance company which has entered into a contract to finance a policy which has been issued by Legion shall pay the premium owed to Legion directly to the Rehabilitator at the Offices of Legion. 11. The United States Postal Service is requested to provide any information requested regarding Legion and to handle future deliveries of Legion mail, as directed by the Rehabilitator. 12. Any entity furnishing water, electric, sewage, garbage or trash removal services to Legion shall maintain such services and transfer any such accounts to the Rehabilitator as of the date of this Order, unless instructed to the contrary by the Rehabilitator. 13. Any entity furnishing claims processing or data processing services to Legion shall maintain such services and transfer any such accounts to the Rehabilitator as of the date of this Order, unless instructed to the contrary by the Rehabilitator. 14. Any entity which has custody or control of any data processing information ,and records including, but not limited to, source documents, all types of electronically stored information, master tapes or any other recorded information relating to Legion, shall transfer, at the request of the Rehabilitator, custody and control of such records to the Rehabilitator. 5 15. At the request of the Rehabilitator, Legion, its affiliates, and its officers, directors, trustees, employees, agents and attorneys, are hereby ordered to deliver to the Rehabilitator keys or access codes to the premises where Legion conducts its business and to any safe deposit boxes, and to advise the Rehabilitator of the combinations or access codes of any safes or safe keeping devices of Legion. 16. Legion, its affiliates, and its officers, directors, trustees, employees, agents, accountants, actuaries, auditors and attorneys, are hereby ordered to identify for the Rehabilitator all of the assets, books, contracts, causes of actions, funds, documents, records, files, credit cards, work papers and related documents, investigative materials, or other property of any nature of or related to Legion, whether in paper, electronic, magnetic, or other form, to tender or make readily available to the Rehabilitator, at the Rehabilitator's request, all of the foregoing, and to advise and cooperate with the Rehabilitator in identifying and locating any of Legion's assets. 17. Except for policies or contracts of insurance, the Rehabilitator, in her discretion, may affirm or disavow any executory contracts to which Legion is a party. The entry of this Order of Rehabilitation shall not constitute an anticipatory breach of any such contracts. 6 EXPENSES. POLICYHOLDER AND CERTIFICATE CLAIMS OTHER PAYMENTS AND LAWSUITS 18. The Rehabilitator may, in her discretion, pay expenses incurred in the ordinary course of Legion's business in rehabilitation and may, in her discretion, pay the actual, reasonable, and necessary costs of preserving or recovering the assets of Legion and the costs of goods and services provided to Legion's estate. Such costs shall include but not be limited to: (a) reasonable professional fees for accountants, actuaries, attorneys and consultants with other expertise retained by the Commonwealth of Pennsylvania Insurance Department ("Department"), the Commissioner or the Rehabilitator to perform services relating to the Rehabilitation of Legion or the feasibility, preparation, implementation, or operation of a rehabilitation plan; (b) compensation and other costs related to representatives and employees of Legion or its affiliates who perform services for Legion; and (c) a reasonable allocation of costs and expenses associated with time spent by Department personnel in connection with the Rehabilitation of Legion. 19. In the event that this Court issues an order appointing the Insurance Commissioner of the Commonwealth of Pennsylvania as liquidator of Legion, the actual, reasonable and necessary costs of preserving or recovering assets of Legion and the costs of goods or services provided to and approved by Legion (In Rehabilitation), under paragraph 18 of this Order, during the period of Rehabilitation will be treated as "costs and expenses of administration," pursuant to 40 P.S. §221.44. 7 20. The Rehabilitator may, in her discretion, pay claims for losses, in whole or in part, under policies and contracts of insurance and loss adjustment expenses as identified in Section 544(b) of the Insurance Department Act, supra, 40 P.S. §221.44(b), provided, however, that the Rehabilitator shall not have the discretion to pay, and may not pay, bad faith claims or claims for extra-contractual charges or damages. 21. No payments of any type shall be made to any claimants of Legion as identified in Section 544(c) through (i) of the Insurance Department Act of 1921, supra. 40 P.S. §221.44(c) through (i), except in the discretion of the Rehabilitator. 22. All persons, in the Commonwealth or elsewhere, are enjoined and restrained from: (a) instituting or further prosecuting any court action (whether at law, in equity, or otherwise) or arbitration or mediation against Legion or the Rehabilitator, (b) obtaining preferences, judgments, attachments, garnishments or liens, including obtaining collateral in any litigation, mediation, or arbitration involving Legion, the Rehabilitator, or Legion's assets and property; (c) levying any execution process against Legion, the Rehabilitator or Legion's assets and property in the Commonwealth of Pennsylvania or elsewhere; or (d) making any assessments or indirectly collecting such assessments by setting them-off against amounts otherwise payable to Legion. 23. Pursuant to Section 221.15(c) of the Insurance Department Act of 1921, supra. the Rehabilitator is specifically authorized, in her sole discretion, to enter into agreements to and otherwise take possession of the statutory deposits held by any state or 8 territory and to do all things necessary to manage and apply the deposits in accordance with any such agreements. Legion shall not post additional statutory security deposits in any state or territory. 24. a. All court actions, arbitrations and mediations currently or hereafter pending against Legion in the Commonwealth of Pennsylvania or elsewhere are hereby stayed. b. All court actions, arbitrations and mediations currently or hereafter pending against an insured of Legion in the Commonwealth of Pennsylvania or elsewhere are stayed for ninety (90) days from the effective date of this Order or such additional time as the Rehabilitator may request. 25. No judgment, order or arbitration award against Legion or an insured of Legion entered after the date of filing of the Petition, for Rehabilitation and no judgment, order or arbitration award against Legion or an insured of Legion entered at any time by default or by collusion need be considered as evidence of liability or quantum of damages by the Rehabilitator. REINSURANCE 26. The amounts recoverable by the Rehabilitator from any reinsurer of Legion shall not be reduced as a result of this rehabilitation proceeding or by reason of any partial payment or distribution on a reinsured policy, contract or claim, and each such 9 reinsurer of Legion is, without first obtaining leave of this Court, hereby enjoined and restrained from terminating, canceling, failing to extend or renew, or reducing or changing coverage under any reinsurance policy or contract with Legion. The Rehabilitator may, in her discretion, terminate, rescind, or commute any contract with a reinsurer or reinsurers. NEW OR RENEWAL BUSINESS 27. The Rehabilitator is authorized to accept or reject new, existing, or renewal business. In implementing this paragraph, the Rehabilitator shall have the discretion to, inter alia. accept, reject, or cancel new, existing or renewal business, and write renewal business for time periods less than one year. INJUNCTION AGAINST INTERFERING WITH REHABILITATION 28. Until further order of this Court, all affiliates of Legion, persons, corporations, partnerships, associations, accountants, actuaries, auditors, counsel, custodians, and all other entities, wherever located, are hereby enjoined and restrained from interfering in any manner with the Rehabilitator's possession and rights to the assets and property of Legion and from interfering in any manner with the conduct of the rehabilitation of Legion. Those affiliates of Legion, persons, corporations, partnerships, associations, accountants, actuaries, auditors, counsel, custodians, and all other entities are hereby enjoined and restrained from wasting, transferring, selling, concealing, terminating, canceling, destroying, shredding, disbursing, disposing of, or assigning any 10 assets, books, contracts, causes of action, funds, records, files, credit cards, work papers and related documents, investigative materials, or other property of any nature of or related to Legion, whether in paper, electronic, magnetic, or other form. INJUNCTION AGAINST ACTIONS BY SECURED CREDITORS 29. All secured creditors or parties, pledgees, lienholders, collateral holders or other persons claiming secured, priority or preferred interests in any property or assets of Legion are hereby enjoined from taking any steps whatsoever to transfer, sell, assign, encumber, attach, dispose of, or exercise, purported rights in or against any property or assets of Legion. NOT A DECLARATION OF INSOLVENCY 30. This Order shall not be deemed a finding or declaration of insolvency such as would activate the provisions of the Pennsylvania Property and Casualty Insurance Guaranty Act, 40 P.S. §§991.1801-9911.1820, or the provisions of similar acts of any other state or territory. 11 CF TM 31. Any-p! ? viWaft my pmVislQ OrSistl dw mV be bW iu: pt. pf COOL ' ?.? C17iD1T - 32 Thi$ C'ou?t.s?I net?ia j?a?ch'?tia?? fay ell f?nspos?s ?ec,?ssary to ?. and anfcirct this Ord=. .:. ?•fta?rn ttRd IY?kR ? 8 . Y 1 MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: JONATHAN M. FIELD, ESQUIRE Identification No.: 52581 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 8230.0055 VISTEON CORPORATION VS. ASHLEY E. BACHERT AND COURTEOUS RENTALS, INC. Attorney for Defendant(s), COURTEOUS RENTALS. INC. COURT OF COMMON PLEAS Cumberland County DECEMBER TERM, 2002 NO. 6188 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal our appearance on behalf of the Defendant, Courteous Rentals, Inc., in the above matter. BY: SAROWITZ, ZERIS, LEDVA & MEYERS PAM, FIELD, ESQUIRE Defendant JS RENTALS. INC. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Courteous Rentals, Inc. in the above matter. MARSHALL, DENEHEY, WARNER, COLEMAN & GOGGIN BY: EDWARD ITE, ESQUIRE Attorney for Defendant, COURTEOUS RENTALS, INC. C C-3 -n u = (T1 C.- - i G MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: JONATHAN M. FIELD, ESQUIRE Identification No.: 52581 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 8230.0055 VISTEON CORPORATION vs. ASHLEY E. BACHERT AND COURTEOUS RENTALS, INC. Attorney for Defendant(s), COURTEOUS RENTALS. INC. COURT OF COMMON PLEAS Cumberland County DECEMBER TERM, 2002 NO. 6183 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal our appearance on behalf of the Defendant, Courteous Rentals, Inc., in the above matter. ZERIS, BY* ON HA M[?D, SQi RENTFS. INC. ENTRY OF APPEARANCE TO THE PROTHONOTARY: A & MEYERS i Kindly enter my appearance on behalf of the Defendant, Courteous Rentals, Inc. in the above matter. MARSHALL, DENEHEY, WARNER., COLEMAN & GOGGIN BY: EDWARD I'FE, ESQUIRE Attorney for Defendant, COURTEOUS RENTALS, INC. BETH A. CLOUSE, Plaintiff V. BARRY L. CLOUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-6186 - CIVIL IN DIVORCE ?^ CERTIFICATE OF SERVICE AND NOW, this ? "' `day of f; 2003, I, Andrew C. Spears, Esquire , of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Beth A. Clouse, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Michael J. Hanft, Esquire The Law Office of Michael J. Hanft 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ? Al Andrew C. Spears Document #: 266698.1 ??'? i? ??;? f . ? _. `_J _ l "? BETH A. CLOUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. Ud BARRY L. CLOUSE, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: Barry L. Clouse 300 Grahams Woods Road Carlisle, PA 17013 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717) 249-3166 Document #: 242636.1 BETH A. CLOUSE, V. BARRY L. CLOUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.C);2- (P/CSC Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff, Beth A. Clouse, is an adult individual currently residing at 599 Old Quaker Road, Apartment H, Lewisberry, York County, Pennsylvania. 2. The Defendant, Barry L. Clouse, is an adult individual currently residing at 300 Grahams Woods Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 5, 1998, in Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. Plaintiff's Social Security number is 164-54-2406, and Defendant's Social Security number is unknown. 7. There have been no prior actions for divorce or annulment between the parties. 8. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Document #: 242636.1 9. There were no children born of the marriage. 10. The marriage is irretrievably broken. 11. The parties have been living separate and apart since June 1, 2002. 13. Plaintiff requests the Court to enter a decree of divorce, divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a decree in divorce, and enter such other Orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew . Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: Document #: 242636.1 VERIFICATION I, Beth A Clouse, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Beth A. Clouse Date: /,.;1-JO -0 q Document #: 242636.1 (? 1 ;K 7- ! 1 X11 Cx i Cam, r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF j PENNA. BETH A. CLOUSE, Plaintiff VERSUS BARRY L. CLOUSE, Defendant N O. 02-6186 - CIVIL DECREE IN DIVORCE AND Now ,h? ? 1 2003 , IT IS ORDERED AND DECREED THAT BETH A. CLOUSE , PLAINTIFF, AND BARRY L. CLOUSE DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Qof BY THE COURT: PROTHONOTARY ?????? ?? hc°? ?v.??.?. 'S MARSHALL, DENNEHEY, WARNER, ATTORNEYFOR: DEFENDANTS COLEMAN & GOGGIN COURTEOUS RENTAL, INC. AND BY: EDWARD J. TUiTE, ESQUIRE ASHLEYE. BACHERT IDENTIFICATION No.: 34631 1845 WALNUT STREET - 21ST FLOOR PHILADELPHIA, PA 19103 (215) 575-2685 VISTEON CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY V. ASHLEY E. BACHERT and CIVIL ACTION - LAW COURTEOUS RENTAL, INC. No. 2002-06188 PRAECIPE TO NOTE STAY OF PROCEEDINGS TO THE PROTHONOTARY: In accordance with the Order of the Commonwealth Court of Pennsylvania, dated April 29, 2003, a copy of which is attached hereto, kindly note on the docket a stay of thirty (30) days from May 1, 2003, of all proceedings in this matter, which involves a party which Legion Insurance Company is obligated to defend. Respectfully submitted MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Edward ite, Esquire Attorney for Defendants, Courteous Rental, Inc. and Ashley E. Bachert \01 21 \LIAB\EXTILLPG\389932\VRC\23049\00114 .J 211{tit -IN TIM COMMONWEALTH COURT OF PENNSYLVANU M. Diane Koken, InsW=cc Commissioner, Commonwealth of Pewsylvania, plaintiff v. ; No. 182 M.D. 2002 ViUsnova Insurance Company, ; 'Defendant Re: Petition for Liquidation of Villanova Insurance Company (In Rehabilitation) KID AND NOW, this 29m day of April, 2003, after reviewing the Rehabilitator's Motion to Extend Stay of Litigation, it is hereby ORDERED as follows: The Stay set forth in Paragraph 5 of the September 25, 2002 Order is extended for thirty-one. (31) days. Court actions, arbitrations and mediations, including but not limited to discovery, currently pending, or hereaf3er filed, against Villanova Insurance Company (In Rehabilitation) or its mmed in the Commonwealth of Pennsylvania or elsewhere, are stayed beginning May 1, 2003 and ending May 31, 2009. MARY HANNAH LEAVI TT, Judge Certified homte Fief APR 2 9 2003 w a great E* MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ATTORNEY FOR: DEFENDANTS COURTEOUS RENTAL, INC. AND BY: EDWARD J. TUITE, ESQUIRE ASHLEYE. BACHERT IDENTIFICATION NO.: 34631 1845 WALNUT STREET- 21sT FLOOR PHILADELPHIA, PA 19103 (215) 575-2685 uaa:aaaaaaauaaaaaruaaa,¦uaaa.aaaraaaaa::a:aaaaa;¦aaaa-uaaar¦aaaa::aaua-¦araraaaaaaaaaaaaaasaaar,a? VISTEON CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY V. ASHLEY E. BACHERT and CIVIL ACTION - LAW COURTEOUS RENTAL, INC. No. 2002-06188 CERTIFICATE OF SERVICE I hereby certify that I have served upon all persons listed below a true and correct copy of a Praecipe to Note Stay of Proceedings on behalf of Defendants, Courteous Rental, Inc. and Ashley E. Bachert, in the above captioned matter by first-class mail on May 6, 2003: Jonathan M. Field, Esquire Mintzer, Sarowitz, Zeris, Ledva & Meyers 1528 Walnut Street, 22nd Floor Philadelphia, PA 19102 Robert N. Braker, Esquire 1650 Market Street 34th Floor Philadelphia, PA 19103 J. David Byerly, Esquire Campbell, Campbell, Edwards & Conroy Three Glenhardie Corporate Center 1265 Drummers Lane - Suite 200 Wayne, PA 19087 Thomas M. Hinchey, Esquire Campbell Campbell Edwards & Conroy Three Glenhardie Corporate Center 1265 Drummers Lane - Suite 200 Wayne, PA 19187 \01 _21 \LIAB\EXT\LLPG\3 89998\V RC\23049\00114 Jonathan Dryer, Esquire The Curtis Center, Suite 1130 East Independence Square West Philadelphia, PA 19106 G. Edward Schweikert, IV, Esquire Boswell, Tinterner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 David Ira Rosenbaum, Esquire Klett, Rooney, Liber & Schorling Two Logan Square, 12th Floor Philadelphia, PA 19103-2756 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN C? By: Edward ui , Esquire Attorney Defendants, Courteous Rental, Inc. and Ashley E. Bachert . 'V* C w rn`-:-! r 'c --n - OD -G \01 21 TIAB\MMP\LLPG4133934\MMP\16621 \00101 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire IDENTIFICATION NO.: 34631 Attorney for Defendants: Ashley E. Bachert and Courteous Rental, Inc. BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STREET - 21 ST FLOOR PHILADELPHIA, PA 19103 (215) 575-2685 ...omega r...•.... ............. owns ................ .News ............................. VISTEON CORPORATION V. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-06188 JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE TO WITHDRAW NOTE OF STAY OF PROCEEDINGS Defendants, Courteous Rental, Inc., and Ashley E. Bachert, hereby request that the stay entered in this case concerning the liquidation of Legion Insurance Company, be lifted. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: Edward J. uite Attorney for Additional Defendants, Courteous Rental, Inc. and Ashley E. Bachert CERTIFICATE OF SERVICE, I, Edward J, Tuite, Esquire, attorney for defendants Courteous Rental, Inc., and Ashley E. Bachert, hereby certify that on this date I served a copy of the Praecipe to Lift Note of Stay by first class mail, postage pre-paid to: Larry Bendesky, Esquire Saltz, Mongeluzzi, Barrett & Bendesky 1650 Market Street 34th Floor Philadelphia, PA 19103 J. David Byerly, Esquire Thomas Hinchey, Esquire Campbell, Campbell, Edwards & Conroy Three Glenhardie Corporate Center 1265 Drummers Lane - Suite 200 Wayne, PA 19087 Brigid Q. Alford, Esquire Boswell, Tintemer, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 DATE: J/Wil C-l N C - -? -Tl 0 C. r'; ?Cy TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU. Edward J. Tuite, Esquire Attomey For Ashley Bachert and Courteous Rental, Inc. \01 21 \LIAB\MMP\LLPG\435503\MMP\16221 \00101 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire IDENTIFICATION NO.: 34631 BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STREET - 21sT FLOOR Attorney for Defendants: Ashley E. Bachert and Courteous Rental, Inc. PHILADELPHIA, PA 19103 (215) 575-2685 VISTEON CORPORATION V. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-06188 JURY TRIAL DEMANDED CIVIL ACTION - LAW ANSWER OF DEFENDANTS, ASHLEY E. BACHERT AND COURTEOUS RENTAL. INC. TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1. Admitted. 2. Admitted. 3. Neither admitted nor denied. Lorretta Ferster's Complaint speaks for itself. By way of further answer, the allegations contained within this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. Furthermore, it is specifically denied that defendant Ashley Bachert was negligent, careless or reckless in the operation of the motor vehicle. 4. Neither admitted nor denied. Visteon's Answer speaks for itself. 5. Neither admitted nor denied. Loretta Ferster's Complaint speaks for itself. 6. Answering defendants incorporate by reference their answers to paragraphs 20-21 of the "Ferster I Complaint", as though fully incorporated herein by reference. Neither admitted nor denied. Visteon's Complaint speaks for itself. 8. Answering defendants incorporate by reference their answers to paragraphs 1-7 as though fully incorporated herein by reference. 9. Denied. By way of further answer, the allegations contained within this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. Furthermore, it is specifically denied that defendant Ashley Bachert was negligent, careless or reckless in the operation of the motor vehicle. 10. Answering defendants incorporate by reference their answers to paragraphs 1-9 as though fully incorporated herein by reference. 11. Denied. By way of further answer, the allegations contained within this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. Furthermore, it is specifically denied that defendant Ashley Bachert was negligent, careless or reckless in the operation of the motor vehicle. 12. Answering defendants incorporate by reference their answers to paragraphs 1-9 as though fully incorporated herein by reference. 13. Denied. By way of further answer, the allegations contained within this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. Furthermore, it is specifically denied that defendant Courteous Rental, hic., was negligent, careless or reckless. 14. Answering defendants incorporate by reference their answers to paragraphs 1-13 as though fully incorporated herein by reference. 15. Denied. By way of further answer, the allegations contained within this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. Furthermore, it is specifically denied that defendant Courteous Rental, hic., was negligent, careless or reckless. 16. Answering defendants incorporate by reference their answers to paragraphs 1-15 as though fully incorporated herein by reference. 17. Admitted. 18. Denied. 19. Denied. 20. Denied. By way of further answer, the allegations contained within this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. NEW MATTER 21. Plaintiff's claims are barred by the applicable statute of limitations. 22. Plaintiff's Complaint fails to state a claim or cause of action upon which relief may be granted against defendant. 23. Plaintiffs Complaint fails to state a claim or cause of action upon which relief may be granted against defendant. 24. Loretta Ferster's injuries and damages, if any, which are denied, were not caused by any acts and/or omissions of answering defendants, but were rather caused, if at all, by the acts and/or omissions of individuals and/or entities over whom answering defendants had no control nor any duty to control. 25. Plaintiff's claims against answering defendants are barred and/or reduced and/or limited by the provisions of Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. §1701, et seq. 26. Plaintiffs claims are barred by the requirement that Loretta Ferster exhaust any and all other sources of benefits prior to payment of benefits by PIGA. 27. Plaintiffs claims are barred by the uninsured/underinsured automobile benefits and disability benefits available to Plaintiff under PIGA and for which PIGA is entitled to an off-set pursuant to 40 P.S. §991.1817. WHEREFORE, answering defendants demand judgment in their favor and against Plaintiff, together with interest and costs, and whatever further relief the Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Z- Edward J. Tuite, Esquire Michele J. Mintz, Esquire Attorney for Defendants Courteous Rental, Inc. and Ashley Bachert VERIFICATION EDWARD ?. TUITE, ESQUIRE states that he is the attorney for Ashley Bachert and Courteous Rental, Inc., herein; thatshe is acquainted with the facts set forth in the foregoing ANSWER To COMPLAINT wITHNEwMATTER; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: 3 ? 1??Dtl z ED wARD J. rum CERTIFICATE OF SERVICE I, Edward J. Tuite, Esquire, hereby certify that I have served upon all persons listed below a true and correct copy of Defendants', Courteous Rental, Inc. and Ashley Bachert, Answer with New Matter to Plaintiffs' Complaint in the above captioned matter by first-class mail on March 18, 2004: Larry Bendesky, Esquire Saltz, Mongeluzzi, Barrett & Bendesky 1650 Market Street 34th Floor Philadelphia, PA 19103 J. David Byerly, Esquire Campbell, Campbell, Edwards & Conroy Three Glenhardie Corporate Center 1265 Drummers Lane - Suite 200 Wayne, PA 19087 Brigid Q. Alford, Esquire Boswell, Tintemer, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire Michele J. Mintz, Esquire Attorney for Defendants Courteous Rental, Inc. and Ashley Bachert r? ^? ,:? r - ,, --? - - ?_ --, "? ? ? ,, ;_ ?,? -? ?.? :, \01 21 VJAB\MMP\LLPG\439020\MMP\16221 \00101 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire IDENTIFICATION NO.: 34631 BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STREET-21ST FLOOR Attorney for Defendants: Ashley E. Bachert and Courteous Rental, Inc. PHILADELPHIA, PA 19103 (215) 575-2685 ......... -.................... No .............. .r........... •........... -s......... ......... a. VISTEON CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY V. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. No. 2002-06188 JURY TRIAL DEMANDED CIVIL ACTION - LAW MOTION OF DEFENDANTS, ASHLEY E. BACHERT AND COURTEOUS RENTAL, INC. FOR LEAVE TO JOIN ADDITIONAL DEFENDANTS, FORD MOTOR COMPANY, INC., SUTLIFF CAPITAL FORD, INC., C&C FORD SALES, INC. AND TRW SAFETY SYSTEMS/MESA.INC. Defendants, Ashley E. Bachert and Courteous Rental, Inc., ("moving defendants"), by and through their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, file this Motion for Leave to Join Additional Defendants, Ford Motor Company, Inc., Sutliff Capital Ford, Inc., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, Inc., and aver as follows: This case arises out of a motor vehicle collision on August 25, 2000, on Route 11 in East Pennsboro Township, Cumberland County, Pennsylvania. At that time, defendant Ashley E. Bachert was operating a 2000 Ford Mustang owned by Courteous Rental, Inc. 2. Lorretta Ferster ("Ferster") was a passenger in the motor vehicle operated by defendant Ashley E. Bachert and owned by Courteous Rental, Inc. On or about October 24, 2001, Ferster filed a Complaint in the Court of Common Pleas, Philadelphia County, No. 3474, against Ford Motor Compnay, hic., Sutliff Capital Ford, Inc. and the moving defendants. See, Complaint, attached as Exhibit A. 4. In her Complaint, Ferster alleges that she was injured when the motor vehicle operated by defendant Ashley Bachert struck another motor vehicle. See, Exhibit A. Ferster alleges claims of negligence against the moving defendants. 5. Ferster also alleges that the passenger-side airbag of the motor vehicle exploded causing her injuries. Ferster alleges that defendants, Ford Motor Company, Inc., and Sutliff Capital Ford, Inc., "designed, manufactured, assembled, built, installed, marketed and sold" the motor vehicle with the "dangerous and defective passenger-side airbag." Ferster asserts claims of product liability and negligence against Ford Motor Compnay, Inc., and Sutliff Capital Ford, Inc. See, Exhibit A. 6. On or about September 10, 2002, Ferster filed a second civil action, in the Court of Common Pleas, Philadelphia County, Docket No. 4836 against TRW Safety Systems/MESA, Inc., Visteon Automotive, Inc., and C&C Ford Sales, Inc. See, Complaint, attached as Exhibit B. In this second civil action, Ferster alleged that TRW Safety Systems/MESA, hic., Visteon Automotive and C&C Ford Sales, Inc. "designed, manufactured, assembled, build, marketed, and sold" the 2000 Ford Mustang that Ferster was riding as a front-seat passenger in on October 24, 2001, with "the dangerous and defective passenger-side airbag." See, Exhibit B. 8. Ferster asserts claims of product liability and negligence against TRW, Visteon and C&C Ford Sales, hic. 9. On or about March 4, 2003, C&C Ford Sales, Inc, filed a. Complaint, joining the moving defendants, Ashley Bachert and Courteous Rental, Inc., as additional defendants. See, Joinder Complaint, Exhibit C. 10. On or about December 31, 2002, Visteon Corporation ("Visteon") filed the instant action against the moving defendants, Ashley Bachert and Courteous Rental, Inc. See, Complaint, attached as Exhibit D. 11. Visteon avers in its Complaint that the moving defendants, Ashley E. Bachert and Courteous Rental, Inc. are liable to it for contribution and indemnity for the claims Ferster has asserted against it. See, Exhhibit D. Visteon also avers that Courteous Rental, Inc., negligently entrusted the motor vehicle to Ashley Bachert, thereby causing Ferster's injuries. See, Exhibit D. 12. On or about May 7, 2003, the moving defendants filed a Praecipe to Note Stay of Proceedings as Legion Insurance Company, the insurer of the moving defendants, was in liquidation. See, Exhibit E. 13. On or about March 18, 2004, the moving defendants filed a Praceipe to Withdraw Note of Stay of Proceedings. See, Exhibit F. 14. On or about March 18, 2004, the moving defendants filed their Answer with New Matter, See, Exhibit G. 15. If it is determined that Ferster is entitled to recovery of damages against Visteon and that Visteon is entitled to recovery for contribution and/or indemnity against moving, defendants as alleged, which is herein expressly denied, additional defendants, Ford Motor Company, Inc., Sutliff Capital Ford, Inc., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, Inc., are alone liable for the action declared, are jointly and severally liable with moving defendants and/or liable over to moving defendants ,and/or liable to moving defendants for contribution and/or common law indemnification, along with attorneys' fees and costs therein. 16. Visteon and the additional defendants will not prejudiced by the joinder since no discovery has been completed and no depositions have been scheduled as this matter has been stayed since May 7, 2003. Furthermore, the additional defendants are also defendants with Visteon in the Ferster Complaints filed in Philadelphia County. See, Exhibits A and B. WHEREFORE, the moving defendants, Ashley E. Bachert and Courteous Rental, Inc., respectfully request that this Honorable Court grant leave to the moving defendants to join Ford Motor Company, Inc., Sutliff Capital Ford, Inc., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, Inc., as additional defendants and issue the attached Order. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By E and J. Tuite, Esquire ichele J. Mintz, Esquire Attorneys for Defendants Ashley Bachert and Courteous Rental, Inc. \01 _21 \LIAB\MMP\LLPG\439020\MMP\16221 \00101 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire IDENTIFICATION NO.: 34631 BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STREET- 21ST FLOOR Attorney for Defendants: Ashley E. Bachert and Courteous Rental, Inc. PHILADELPHIA, PA 19103 (215) 575-2685 .•.•.r....r................. ............. .......r.r.....a........a.0 ........ .....n...no.....r..a-. r., VISTEON CORPORATION V. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-06188 JURY TRIAL, DEMANDED CIVIL ACTION - LAW MEMORANDUM OF LAW IN SUPPORT OF ASHLEY E. BACHERT AND COURTEOUS RENTAL, INC.'S MOTION FOR LEAVE TO JOIN ADDITIONAL DEFENDANTS FORD MOTOR COMPANY, INC., SUTLIFF CAPITAL FORD, INC., C&C FORD SALES, INC. AND TRW SAFETY SYSTEMSIMESA,INC. 1. STATEMENT OF FACTS This case arises out of a motor vehicle collision on August 25, 2000, on Route 11 in East Pennsboro Township, Cumberland County, Pennsylvania. At that time, defendant Ashley E. Bachert was operating a 2000 Ford Mustang owned by Courteous Rental, Inc. Lorretta Ferster ("Ferster") was a passenger in the motor vehicle operated by defendant Ashley E. Bachert and owned by Courteous Rental, hie. On or about October 24, 2001, Ferster filed a Complaint in the Court of Common Pleas, Philadelphia County, No. 3474, against Ford Motor Compnay, Inc., Sutliff Capital Ford, Inc. and the moving defendants. See, Complaint, attached as Exhibit A. In her Complaint, Ferster alleges that she was injured when the motor vehicle operated by defendant Ashley Bachert struck another motor vehicle. See, Exhibit A. Ferster alleges claims of negligence against the moving defendants. Ferster also alleges that the passenger-side airbag of the motor vehicle exploded causing her injuries. Ferster alleges that defendants, Ford Motor Company, Inc., and Sutliff Capital Ford, Inc., "designed, manufactured, assembled, built, installed, marketed and sold" the motor vehicle with the "dangerous and defective passenger-side airbag." Ferster asserts claims of product liability and negligence against Ford Motor Compnay, Inc., and Sutliff Capital Ford., Inc. See, Exhibit A. On or about September 10, 2002, Ferster filed a second civil action, in the Court of Common Pleas, Philadelphia County, Docket No. 4836 against TRW Safety Systems/MESA, hic., Visteon Automotive, Inc., and C&C Ford Sales, Inc. See, Complaint, attached as Exhibit B. In this second civil action, Ferster alleged that TRW Safety Systems/MESA, Inc., Visteon Automotive and C&C Ford Sales, Inc. "designed, manufactured, assembled, build, marketed, and sold" the 2000 Ford Mustang that Ferster was riding as a front-seat passenger in on October 24, 2001, with "the dangerous and defective passenger-side airbag." See, Exhibit B. Ferster asserts claims of product liability and negligence against TRW, Visteon and C&C Ford Sales, Inc. On or about March 4, 2003, C&C Ford Sales, Inc, filed a Complaint, joining the moving defendants, Ashley Bachert and Courteous Rental, Inc., as additional defendants. See, Joinder Complaint, Exhibit C. On or about December 31, 2002, Visteon Corporation ("Visteon") filed the instant action against the moving defendants, Ashley Bachert and Courteous Rental, Inc. See, Complaint, attached as Exhibit D. Visteon avers in its Complaint that the moving defendants, Ashley E. Bachert and Courteous Rental, Inc. are liable to it for contribution and indemnity for the claims Ferster has asserted against it. See, Exhhibit D. Visteon also avers that Courteous Rental, Inc., negligently entrusted the motor vehicle to Ashley Bachert, thereby causing Ferster's injuries. See, Exhibit D. On or about May 7, 2003, the moving defendants filed a Praecipe to Note Stay of Proceedings as Legion Insurance Company, the insurer of the moving defendants, was in liquidation. See, Exhibit E. On or about March 18, 2004, the moving defendants filed a Praceipe to Withdraw Note of Stay of Proceedings. See, Exhibit F. On or about March 18, 2004, the moving defendants filed their Answer with New Matter, See, Exhibit G. II. LEGAL ARGUMENT 1. Standard for Joinder Pennsylvania Rule of Civil Procedure 2252 states that any defendant may join as an additional defendant any person, whether or not a party to the action, who may be: (1) solely responsible on the plaintiff's cause of action or (2) liable over to the joining party on the plaintiff's cause of action; or (3) jointly or severally liable with a joining party on the plaintiff's cause of action; or (4) liable to the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which plaintiff's cause of action is based. See Pa. R.C.P. 2252. Although joinders usually must be made within sixty (60) days after service of the initial pleading, Pennsylvania Rule of Civil Procedure 2253 provides that this time period may be extended upon causes shown. Specifically, Rule 2253 provides that: "Except as provided by Rule 1041.1(e) neither a praecipe for writ to join an additional defendant nor a complaint if joinder is commenced by complaint shall be filed by the original defendant nor any additional defendant later than sixty days (60) days after service upon the original defendant of the initial pleading of the plaintiff or any amendment thereof unless such filing is allowed by the court upon causes shown ". (Emphasis Added). Under Pennsylvania law, to show cause for leave to join an additional defendant after the 60 day period prescribed by Rule 2253, the party seeking to join an additional defendatit must petition the court, and said petition must contain (1) some reasonable justification or excuse for the delay, (2) a statement of the facts alleged to render proposed additional defendant alone liable, liable with or liable over to the defendant, or liable to the defendant on a proper cross-claim and (3) allegations that the late joinder will not be prejudicial to the proposed additional defendant. See Farmer v. General Refractories Company, 271 Pa. Super. 349, 413 A.2d 701, 702 (1979); see also DiLauro v. One Bala Avenue Associates, 357 Pa.Super. 209, 515 A.2d 939 (1987) (granting defendant's joinder of additional defendant ten (10) months after the original defendant had been sued). The question of whether the moving party has shown cause to justify an extension of time to permit the joinder of an additional defendant is a matter committed solely to the discretion of the trial judge. See Zakian v. Liljstrand, 438 Pa. 249, 264 A.2d 638 (1970); see also DeAngelas v. Newman, 350 Pa.Super. 536, 504 A.2d 279 (1986). Although Rule 2253 does not define what sufficient cause might be to join an additional defendant beyond the 60-day period, the Pennsylvania Supreme Court set the following guideline for lower courts to make this determination: The court should be guided by the objectives sought to be achieved by use of the additional defendant procedure in conjunction with the purpose for which a sixty (60) day limitation was placed on its unrestricted use. In a capsule, these rules are an attempt to provide a means to simplify and expedite the disposition of matters involving numerous parties without subjection the original plaintiff to unreasonable delay in the prosecution of his portion of the litigation. Zakian, supra at 642. See also, Coppage vs. Smith, 381 Pa. 351, 113 A. 2d 250 (1956). (procedural rule should be "liberally construed to secure the just, speedy and inexpensive and determination of every action or proceedings which they are applicable; Ianni vs. Panthelone, 238 Pa. Super. 548, 361 A. 2d 772 (1976) (procedural rules governing third parry procedure should "be construed to accomplish the purpose of [avoiding] multiplicity of suits by adjudicating in one suit the rights and liabilities of all of the parties to a single transaction which constitutes the cause of action"); Martinelli vs. Mulloy, 223 Pa. Super. 130 229 A. 2d 19 (1972) (the Superior Court held that Rule 2252(a) should be broadly interpreted "not only to compel every interested person to defend the action by the plaintiff, but also to save the original defendant from possible harm resulting from loss of evidence that might result if compelled to await the end of the suit before proceeding against those for whom he seeks contribution.") In Pennsylvania, the courts have routinely permitted defendants to file a Joinder Complaint beyond the sixty (60) day time frame. See National Liberty Life Insurance Company v. Kling Partnership, 540 A. 2d 1273 350 Pa. Super. 524 (1986) (the Superior Court reversed the Philadelphia County Court of Common Pleas and allowed the joinder of an additional defendant nunc pro tune four years after pretrial pleading and discovery. The court reasoned that the joinder would best serve the interest of judicial economy and would simplify and expedite the disposition of the entire case without subjecting the parties to unreasonable delay); see also Lamore vs. Penn Central Transportation Company, 357 A. 2d 595 238 Pa. Super. 380 (1976) (the Superior Court permitted joinder 8%2 months late because there was no prejudice shown). This Court must also be guided by Pennsylvania Rules of Civil ]Procedure 126, which requires liberal construction and application of the Pennsylvania Rules of Civil Procedure as follows: The Rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. The court at every stage of any such action or proceeding may disregard any error or defective procedure which does not affect the substantial rights of the parties. Pa.R. C.P. 116 2. Additional Defendants Satisfy the Requirements For Joinder If it is determined that Ferster is entitled to recovery of damages against Visteon as alleged and Visteon is entitled to contribution and indemnification from the moving defendants, which is herein expressly denied, additional defendants Ford Motor Company, Inc., Sutliff Capital Ford, ]he., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, Inc., are alone liable for the action declared, are jointly and severally liable with moving defendants and/or liable over to moving defendants and/or liable to moving defendants for contribution and/or common law indemnification. Resolution of the various issues involved, including the issues of indemnification and contribution in one proceeding would be the most expeditious manner in which to proceed and would satisfy the intent of the rules pertaining to the joinder of additional parties, "which are to be construed to accomplish the purposes of avoiding multiplicyt of suite and adjudicating in one suit the rights and liabilities of all parties to a single transaction which constitutes the cause of action." Ianni v. Pantalone, 361 A.2d 772, 774 (1976). 3. Moving Defendants Have Reasonable Justification for the Joinder After the 60 Day Period The moving defendants should be granted leave to join the additional defendants beyond sixty (60) days because they have reasonable justification for the delay, there are sufficient facts to render the additional defendants liable, and the plaintiff and additional defendants will not be prejudiced. The delay is reasonable because the instant action has been stayed due to the liquidation of the moving defendants' insurance carrier. After counsel for the moving defendants filed their Entry of Appearance they filed a Praecipe to Note Stay of Proceedings on May 7, 2003. Thus, since the inception of this case, no discovery has taken place. The moving defendants just filed a Praecipe to Withdraw Note of Stay of Proceedings on March 18, 2004. 4. Facts Exist to Show Ford Motor Company, Inc., Sutliff Capital Ford, Inc., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, Inc., May be Liable to the Plaintiff. Visteon alleges in its Complaint that if Ferster is able to prove its claims against Visteon, then the moving defendants are liable to Visteon for contribution and indemnification. Ford Motor Company, hic., Sutliff Capital Ford, Inc., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, hic., are alleged by Ferster to have designed, manufactured and/or sold a defective airbag that upon impact in the motor vehicle collision allegedly caused by the moving defendants, caused Fertster bodily injury. If Visteon and/or Ferster establish their claims against the moving defendants, then Ford Motor Company, Inc., Sutliff Capital Ford, Inc., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, Inc., are liable to the moving defendants for contribution and indemnification. 5. The Plaintiff and the Additional Defendants Will Not Be Prejudiced By this Joinder The plaintiff, Visteon and the additional defendants, Ford Motor Company, Inc., Sutliff Capital Ford, Inc., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, Inc., will not be prejudiced by this joinder. This matter has been stayed since May 2003 because of the moving defendants' insurance carrier's liquidation. The moving defendants filed a Praceipe to Withdraw the Note of Stay of Proceedings on March 18, 2004. No written discovery and/or depositions have been conducted and/or exchanged. III. CONCLUSION The very purpose of Pennsylvania Rule of Civil Procedure 2252, is to enable the parties to bring together in one lawsuit all of the causes of action "arising out of that transaction or occurrence or series of actions or occurrence upon which the plaintiffs causes of action are based." Free v. Liebowitz, 344 A. 2d 886 (Pa. Super. 1975). Clearly, Ford Motor Company, Inc., Sutliff Capital Ford, hic., C&C Ford Sales, hic., and TRW Safety Systems/Mesa, hic., have an interest in this case. The joinder of Ford Motor Company, Inc., Sutliff Capital Ford, Inc., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, Inc., will ensure a prompt, speedy trial which disposes of all issues and all parties to this action. WHERFORE, for the foregoing reasons, Ashley Bachert and Courteous Rental, Inc., respectfully request that the Court grant its Motion for Leave to Join Additional Defendants, Ford Motor Company, Inc., Sutliff Capital Ford, Inc., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, Inc. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By Edw ite, Esquire Michele J. Mintz, Esquire Attorneys for Defendants Ashley Bachert and Courteous Rental, hic. ILTT9 ON YX/X111 £b:£T OHM TOOZ/ZT/ZT THIS IS NOT AN ARBITRATION MATTER. AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED. SAL , MONGELUZZI BARREPT & BENDESKY, P.C. BY: BERT J. MONGELUZZI/ROBERT N. BRAKER II)EN IFICATION NO.: 36283/62583 ATTORNEYS FOR PLAINTIFF 34TM LOOR 1650 MARKET STREET PHI DELPHIA. PA 19103 (215 496-8282 JURY FEE PAID 171 1 50 are are be TO FERSTER )ck Court I. PA 17057 ) MOTOR COMPANY, INC. ican Road Dome, MI 48121 and .IFF CAPITAL FORD, INC. Paxton Street sburg, PA 17014 and RTEOUS RENTAL, INC. arket Street Dyne, PA 17043 and LEY E.BACHERT Reed Drive rsville. PA 17053 Xj-,/ ^-C D, r,,6 C«z.a PHILADELPHIA COUNTY COURT OF COMMON PLEAS LAW DIVISION TERM, 2001 OCTOBER 2001 No. JURY TRIAL DEMANDED OQ3"or 4 M. CORNAGLIA PRO. PROTHY OCT 2 4 2001 ATTEST COMPLAINT - CIVIL ACTION "NOTICE "AVISO r wed In mart- If you wish co defend against the claims set forth in the 'Le han demandado a usted an la cone. 51 Untied guiere detenderse do esos cemandas Its p$ginas slgWents, listed oche veinte (20) dies, de plaza ill Dar la nave been pages, you must take action within twenty (20) days after this complaint and notice expueStas on es ad, by entering a written appearance personally or by an attorney and Filing in fetha de is dememda y la ntlfcaUgn, mace fatty asentar una comparenrs mta o o an with the court your deknses or objections to the deims set forth against yW. You persona o con uD abooll Y entregar a la one en forma escrits, sue defense$ o sus o claimed n in the deniendctee, to oa Its ne tomarddma lbis contra Fuddle cot nut la demeinda addeontm guy, LA pm a led that if you fail to do so the case against you by the court without a further rw?ece for ort anyou add a y money judgement [ d aue t or for any Other claim or relief requested by the plaintiff. You may IOSE money Or Uyted CUMP D co, Tot as s pmvv.slonc F de seta Idemads. favor Usted ouede Oi d Cn e'oru sus r of other rights important W you. propiedads9 u circle derechOS IMPOrtantes part usted. SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A ^LLEVE ESTA DRIMANDA A UN ABOGADO INMP,DIATAMENTE. St No TIENB ABAGADO O SI NO TAL OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TIENE ELO A EtIO SC to CUYA D PAROON SE ENCUENCO. SOA EN AEROPAR0 At FAm FOR OUT WHERE YOU CAN GET LEGAI. HELP. MNDE SE PUEDE CONSBOUIR AMTENCIA 11.0 11 AEROCIACION DE UCRNpIA0O5 PF. 1'ilA FU'ia r ILn OELPUIn BAR AaaVC1ATIVX l;l\InESI\(u RECEIVED I I uI i'C.sIiJ'1n'p.N Si•4,ArP . EC1r'ToO .nRrRaA.1,. ,uii„ i,I IN.eFO' gslAflpS <I'SS-E SUt"IU4 BndVRdIOCfiO Ji 15 1 NClyo .1e;•R•w IfNloCotn NOV 19 2001 ?•..:? _•j NABS INSUR•4NCr eTlrs. 9ZE-1 100 d 811-1 1109 11,998 MUNN 1110HWA-WDdd illdO4:l0 I0OZ-21-300 ILTT9 ON YH/X.L1 Et:BT UHM TOOZ/ZT/ZT Plaintiff, Loretta Ferster, claims of defendants, Ford Motor Company, Inc., Sutliff I Ford, Inc., Courteous Rental, Inc. and Ashley E. Bachert, jointly and severally, ate sums in excess of Fifty Thousand Dollars ($50,000.00) in damages, upon causes of whereof the following are true statements: 1. Plaintiff, Loretta Ferster, is an adult individual and citizen of the )nwealth of Pennsylvania, residing at 1715 Flintlock Court, Middletown, PA 17057, 2. Defendant, Ford Motor Company, Inc., (hereinafter referred to as "Ford"), is a ation, organized and existing under and by virtue of the laws of the State of ire, and which, at all times mentioned and material hereto, has.engaged in business the county of Philadelphia, Commonwealth of Pennsylvania, on a regular, systematic, rous and substantial basis, with its principal place of business located at American Deerborne, MI 48121 and at all times relevant hereto was engaged in the design, production, distribution, sale and assembly of motor vehicles, including the Ford Mustang. 3. Defendant, Sutliff Capital Ford, Inc., (hereinafter referred to as "Sutliff Ca ital") is a corporation, organized and existing under and by virtue of the laws of the St a of Pennsylvania, and which, at all times mentioned and material hereto, has engaged in usiness within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, sy tematic, continuous and substantial basis, with its principal place of business located at 10 0 Paxton Street, Harrisburg, PA 17014 and at all times relevant hereto was engaged In th design, manufacture, production, distribution, sale and assembly of motor vehicles, the 2000 Ford Mustang. 4. Defendant, Courteous Rental, Inc., (hereinafter referred to as "Courteous R ntal") is a corporation, organized and existing under and by virtue of the laws of the S to of Pennsylvania, and which, at all times mentioned and material hereto, has engaged business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, RECEIVED I Sii), IL E,; ;f4. r , R NOV 19 2001 S ?GD; NARK w.!llaartmrr mine 9ZE-d 800 d 811-1 LL09YIV998 d113NN30 -i-im n-maid wd04:10 IOOZ-Zi-naa [LTT9 ON XN/X.1:1 £6:£T OYIM TOOZ/ZT/ZT cyst atic, continuous and substantial basis, with Its principal place of business located at 50 rket Street, Lemoyne, PA 17043. 5. Defendant, Ashley E. Bachert, is an adult individual and citizen in the Co onwealth of Pennsylvania residing at 100 Reed Drive, Marysville, PA 17053 and, at all time mentioned herein was an agent servant, workmen and/or employee of defendant, Cou eous Rental, acting within the course and scope of her employment with defendant, Cou eous Rental. 6. On August 25, 2000, at or about 4:27 p.m., defendants, Courteous Rental an Ashley E. Bachert, owned, managed, maintained, possessed and/or controlled a certain mo or vehicle, namely, a 2000 Ford Mustang bearing Pennsylvania license plate number CB 9756, which motor vehicle was traveling in a southerly direction on Route 11 in East Pe nsboro Township, Cumberland County, Pennsylvania. 7. At the time and place aforesaid, plaintiff, Loretta Ferster, was a lawfully and pr perly situated front-seated passenger in the 2000 Ford Mustang, as aforesaid. 8. At the time and place aforesaid, defendants, Courteous Rentals and Ashley E. B hert, so carelessly and negligently operated the 2000 Ford Mustang, as aforesaid, by fa ing to properly and adequately maintain control and safe operation of her said motor v icle and by failing to have said motor vehicle under such control so as to have been able t bring said vehicle to a stop prior to striking a vehicle travelling in a southerly direction on R ute 11, which vehicle was being operated by Raymond E. Petit, 21 Centre Terrace, R Chester, NY 14617. 9. At the time of the aforesaid collision, the passenger-side airbag of the 2000 rd Mustang exploded in such a manner that it caused plaintiff to sustain those serious and rmanent personal injuries more specifically set forth hereinafter. 10. Defendants, Ford Motor Company, Inc. and Sutliff Capital Ford, Inc., esigned, manufactured, assembled, built, installed, marketed and sold tnI 1 Y LD II f 1 LN.O?VJ 11_9 2001 (f II '' ' ?F p ?' ' J `01NABS INSURANIrT etfr,S 9ZE-d BOO d 9l1-1 !l09Y14999 MUNN 1WHS80-moij wdl4:l0 I00Z-Zl-000 ILTT9 ON YH/XJ.1 W CT OHM TOOZ/lT/lT I Mustang including the dangerous and defective passenger-Side alrbag which Injured , which injuries are more specifically set forth hereinafter. COUNT I- PRODUCT LIABILIT1f LORETTA FERSTER v. FORD MOTOR COMPANY, INC. AND SUTLIFF CAPITAL FORD IN C, 11. Plaintiff incorporates herein by reference paragraphs 1 through 10 of this the same as if fully set forth hereinafter. 12. Defendants, Ford Motor Company, Inc. and Sutliff Capital Ford, Inc., by and h their separate and respective agents, servants, workers and representatives, ied their duties and obligations owed to plaintiff pursuant to common law and §402A Restatement of the Law of Torts (Second), and are liable to plaintiff for causing injury the following reasons; (a) Selling the 2000 Ford Mustang in a defective condition; (b) Selling a product, the 2000 Ford Mustang, which was unreasonably (c) Selling a product, the 2000 Ford Mustang, which was not safe for its i endeo use; (d) Failing to have adequate warnings on the 2000 Ford Mustang; (e) Providing a motor vehicle with an unreasonably defective passenger- s e airbag; (f) Providing a vehicle which had a dangerous and defective airbag which ould and did cause serious and catastrophic injuries to plaintiff; (g) Providing a vehicle with a dangerous and defective airbag which i properly inflates; (h) Selling a product, the 2000 Ford Mustang, with a defective airbag; ?I ,- . ` L RECEIVED NOV IS 2001 II 4 NABS IN80RANV7 cvr, 9 E-d OIO d 9tl-! !l0941Y999 MUNN 11YHUYA-w0rd wdl4:lo 100b-21-060 ILTT9 ON X21/XJl £6:£T ORM TOOZ/ZT/ZT (i) Selling a product, the 2000 Ford Mustang, which had a dangerous i which would likely cause injuries to individuals coming in contact with the same; (j) Selling a product, the 2000 Ford Mustang, with a dangerous and Live airbag which contained air that was too dangerously hot; (k) Selling a product, the 2000 Ford Mustang, with a dangerous and tive airbag, which was made of a material which likely cause serious and catastrophic to all persons coming in contact with the same; (1) Failing to warn users of the dangerous and defective airbag; (m) Selling a product which lacked all necessary safety features to protect of said product; (n) Failing to have proper warnings and Instructions concerning the use of to and its airbags; (o) Selling a product which was lacking one or more elements necessary it safe for its intended use; (p) Manufacturing, designing and distributing a product which was and which would likely cause Injury to its users; (q) Failing to equip the 2000 Ford Mustang with the necessary safety lices; (r) Violating applicable OSHA and ANSI standards; (s) Failing to adequately and properly test said vehicle; (t) Assembling a product which defendants knew or should have known cause injury to the user; (u) to the user; (v) p duct; i! i? 9Ze-1 110 d 911-1 Delivering a product which was defective and would likely cause injury Using component parts which created a risk of harm to the user of the qp RECEIVED NOV 19 2001 s NABS INSURANCE SVCS. l109Y11959 MUNN 11YH9YY1-=Jd wdit:10 1002-Z1-010 ILTT9 ON %2i/UI £6:£T QHM TOOZ/ZT/ZT (w) Supplying a product which required component parts to decrease the risk I harm to the user; (x) Failing to properly service this product; (y) Assembling a product which defendants knew or should have known cause Injury to the user because of the dangerous and defective airbag; and (z) other acts of product liability which will be discovered during the cou of discovery of this matter. 13. As a result of the breach of Its duties under §402(A) of the Restatement of and common law, plaintiff, Loretta Ferster, §ustained serious and dis bling permanent personal injuries; she sustained a severe fracture of her right wrist complicated by nonunion; she sustained a traumatic laceration of her right wrist; she sus mined a traumatic laceration of her ulnar nerve with neuroma; she sustained traumatic ca al tunnel syndrome; she sustained traumatic arthritis of the distal radioulnar joint; she wa required to undergo an open reduction and open fixation of the malunion radius with ilia crest bone grafting, left median nerve decompression and neurolysis, neurolysis of the ui r nerve with stabilization neuroma, flexor tenosynovectomy flexor tendons and all to dons resectioned capsulodesis of the distal ulna major surgical procedure; she has su ered from severe pain in her right arm, hand and fingers;, she has suffered from severe w akness in her right hand, arm and fingers; she has suffered from severe difficulty utilizing h right hand, arm, fingers and wrist; she has lost the rancle of motion of her right hand, a , fingers and wrist; she underwent an application of external fixation device of the r ius, closed reduction of fracture without Internal fixation of the radius and ulna, suture of t skin and subcutaneous tissue, debridement of the open fracture of the radius and ulna a d application of wound dressing major surgical procedure,; she suffers from numbness of h r right arm, hand, wrist and fingers; she has been required to wear a splint; she has lost Irvical e strength of her grip; she has lost the strength in her hand; she sustained injury to her spine; she has suffered from pain in her right shoulderRl.. CEIVE5nt 9Z£-J ZIO d 8L1-1 1109414998 NOV 19 2001 ARUM 11VH PA-ww j WWII) 100Z-Z[-390 ILTT9 ON X8/X.L1 £0:£T QHM TOOZ/ZT/ZT of blood; she will likely require future cosmetic surgery; she has suffered from htly scarring; she has suffered from tremendous embarrassment; she sustained orthopedic, neurological, internal, psychological and psychiatric Injuries, the full of which has yet to be determined; she sustained severe shock to her nerves and s system; she has in the past required and will in the future continue to require ies, medical care and treatment; she has in the past suffered and will in the future ie to suffer agonizing aches, pains, suffering and mental anguish; she has in the past will in the future continue to be disabled from performing her usual duties, occupations avocations, all to her great loss and detriment; she has suffered from a loss of life's 14. Plaintiff has sustained and makes claim for pain and suffering, loss of function, permanent physical, mental and psychological injuries, humiliation and loss of life's pleasures, loss of earnings and earning capacity and any and all Co the damages to which she is entitled or may be entitled under the law of the Ith of Pennsylvania. WHEREFORE, plaintiff, Loretta Ferster, claims of defendants, Ford Motor Company, and Sutliff Capital Ford, Inc., jointly and severally, separate sums in excess of Fifty Dollars ($50,000.00) in damages, and brings this action to recover the same. COUNT II- NEGLIGENCE LORETTA FERSTER V. FORD MOTOR COMPANY, INC, AND SUTLIFF CAPITAL FORD. IN Cs _ is. Plaintiff incorporates herein by reference paragraphs 1 through 14 of this nplaint the same as if fully set forth hereinafter. 16. Defendants, Ford Motor Company, inc. and Sutliff Capital Ford, Inc., by and ough their separate and respective agents, servants, workers and representatives, :ached their duties and obligations owed to plaintiff due to their negligence, and are liable plaintiff for causing injury for the following reasons: RECEIVED S?i1p l :i 9 1D411. NOV 19 2001 SZE-d El0'd 811-1 2209019998 AH3111130 11tlHSatlY1-wdJd wdl9:l0 1002-Z1-090 iLTT9 ON YH/XLi £6:£T 08,9 TOOZ/ZT/ZT (a) Selling the 2000 Ford Mustang in a defective condition; (b) Selling a product, the 2000 Ford Mustang, which was unreasonably (c) Selling a product, the 2000 Ford Mustang, which was not safe for. its use; (d) Failing to have adequate warnings on the 2000 Ford Mustang; (e) Providing a motor vehicle with an unreasonably defective passenger- (f) Providing a vehicle which had a dangerous and defective airbag which and did cause serious and catastrophic injuries to plaintiff; (g) Providing a vehicle with a dangerous and defective airbag which inflates; (h) Selling a product, the 2000 Ford Mustang, with a defective airbag; 0) Selling a product, the 2000 Ford Mustang, which had a dangerous which would likely cause injuries to individuals coming in contact with the same; (j) Selling a product, the 2000 Ford Mustang, with a dangerous and ve airbag which contained air that was too dangerously hot; (k) Selling a product, the 2000 Ford Mustang, with a dangerous and ve airbag, which was made of a material which likely cause serious and catastrophic inj?ries to all persons coming in contact with the same; (1) Failing to warn users of the dangerous and defective airbag; (m) Selling a product which lacked all necessary safety features to protect of said product; (n) Failing to have proper warnings and instructions concerning the use of vehicle and its airbags; (0) Selling a product which was lacking one or more elements necessary make it safe for its intended use; RECEIVED NOV 19 2001 NABS INSURANCE SVCS. sae-d 910 d 811-1 !2099117999 MANE 11tlNSON-WdAd WdZ9:10 IOOZ-ZI-390 ILTT9 ON X3/X1I £6:£T 43M TOOZ/ZT/ZT "G (p) Manufacturing, designing and distributing a product which was and which would likely cause Injury to its users; (q) Failing to equip the 2000 Ford Mustang with the necessary safety (r) Violating applicable OSHA and ANSI standards; (s) Falling to adequately and properly test said vehicle; (t) Assembling a product which defendants Iknew or should have known cause injury to the user; to the user; (u) Delivering a product which was defective and would likely cause injury (v) Using component parts which created a risk of harm to the user of the (w) Supplying a product which required component parts to decrease the harm to the user; (x) Failing to properly service this product; (y) Assembling a product which defendants knew or should have known cause injury to the user because of the dangerous and defective airbag; and (z) other acts of negligence which will be discovered during the course of Dvery of this matter. 17. As a result of the breach of its duties, as aforesaid, plaintiff, Loretta Ferster, ained serious and disabling permanent personal injuries: she sustained a severe ture of her right wrist complicated by nonunion; she sustained a traumatic laceration of h right wrist; she sustained a traumatic laceration of her ulnar nerve with neuroma; she s tained traumatic carpal tunnel syndrome; she sustained traumatic arthritis of the distal r ioulnar joint; she was required to undergo an open reduction and open fixation of the !union radius with iliac crest bone grafting, left median nerve decompression and y II n uroly<is, nrurolysi`; of the ulnae nervc with stabilization neuroma. F?{q'-IRq? [qrt b ,K{ C (V_ h`? ,Yl it P In" NOV 19 2001 9ZS-? 510"d 8l1-1 !!09419958 M3111130 11YIISPA-ddid wdZ9:10 toOZ-2I-0B0 ILTT9 ON XN/XJl £Y:CT OHM TOOZ/ZT/ZT tendons and all tendons resectioned cepsulodesis of the distal ulna major surgical dure; she has suffered from severe pain in her right arm, hand and fingers; she has •ed from severe weakness in her right hand, arm and fingers; she has suffered from e difficulty utilizing her right hand, arm, fingers and wrist; she has lost the range of in of her right hand, arm, fingers and wrist; she underwent an application of external on device of the radius, closed reduction of fracture without Internal fixation of the s and ulna, suture of the skin and subcutaneous tissue, debridement of the open of the radius and ulna and application of wound dressing major surgical procedure; from numbness of her right arm, hand, wrist and fingers; she has been required to 4ear a splint; she has lost the strength of her grip; she has lost the strength in her hand; sh4sustained injury to her cervical spine; she has suffered from pain in her right shoulder; A lost a significant amount of blood; she will likely require future cosmetic surgery; she suffered from unsightly scarring; she has suffered from tremendous embarrassment; sustained further orthopedic, neurological, internal, psychological and psychiatric inj ries, the full extent of which has yet to be determined; she sustained severe shock to he nerves and nervous system; she has in the past required and will in the future continue to equlre medicines, medical care and treatment; she has in the past suffered and will in th future continue to suffer agonizing aches, pains, suffering and mental anguish; she has In?he past and will in the future continue to be disabled from performing her usual duties, o uoations and avocations, all to her great loss and detriment; she has sufferetl from a lots of life's pleasures. 18. Plaintiff has sustained and makes claim for pain and suffering, loss of function, permanent physical, mental and psychological injuries, humiliation and loss of life's pleasures, loss of earnings and earning capacity and any and of the damages to which she is entitled or may be entitled under the law of the mmonwealth of Pennsylvania. ?I I 92E-d tJl 910d 811-1 L209419998 10 RECEIVED NOV 19 2001 NABS INSURANCE SVCS. MUNN 11YHS4YM-m01j wdZY:10 1002-Z1-dB0 ILTT9 ON X21/XJl £6:ET URA T009/ZT/ZT WHEREFORE, plaintiff, Loretta Ferster, claims of defendants, Ford Motor Company, d Sutliff Capital Ford, Inc., jointly and severally, separate sums In excess of Fifty nd Dollars ($50,000.00) In damages, and brings this action to recover the same. COUNT III- NEGLIGENCE Cod LORETTA FERSTER V. COURTEOUS RENTAL, INC. AND ASHLEY E BACHERT 19. Plaintiff incorporates herein by reference paragraphs 1 through t8 of this the same as if fully set forth hereinafter. 20. Defendants, Courteous Rental, Inc. and Ashley E. Bachert, were careless and in: (a) Operating their said motor vehicle at ani excessive rate of speed under circumstances; (b) Failing to maintain proper and safe control of their said motor vehicle; (c) Failing to maintain such control of their said motor vehicle so as to it in a position to bring it to a stop prior to striking the vehicle in front of it; (d) Causing and allowing their motor vehicle to proceed forward without it to a stop prior to striking the vehicle in front of it; (e) Failing to yield the right of way to another motor vehicle; (f) Failing to maintain a proper and safe lookout for traffic_ and road itions then and there existing; (g) e isting; (h) tie circumstances; nd there existing: it ;i 9Ze-d 110 d 911-1 Failing to observe traffic and vehicular conditions then and there Failing to observe safe driving precautions and procedures under all of Failing to obey safe traffic signals, controls, signs and warnings then RECEIVED r II NOV 19 2001 1109411r9ge AH3111130 i-im n-wid wdZ9:lo Iooz-Zl-osa i1TT0 ON XN/X11 ¢6:CT Q9M TOOZ/ZT/ZT (j) Falling to equip their sold motor vehicle with proper, safe and equipment and safety devices; (k) Operating their motor vehicle in a careless and negligent manner; and (1) Falling to exercise reasonable care under all of these circumstances. E. 21. By reason of the negligence of defendants, Courteous Rental, Inc. and Ashley iert, as aforesaid, plaintiff, Loretta Ferster, sustained the serious and permanent as previously mentioned in paragraphs 13 and 14. WHEREFORE, plaintiff, Loretta Ferster, claims of defendants, Courteous Rental, Inc. Ashley E. Bachert, jointly and severally, separate sums in excess of Fifty Thousand ($50,000.00) in damages, and brings this action to recover the same. SALTZ, MONGELUZZI, BARRETT & BENDESKY, AC. 7 BY. ROBERT J. MONGELUZZI ROBERT N. BRAKER Attorneys for Plaintiff, Loretta Ferster II II 9Z8-? RECEIVED NOV 19 2001 12 NABS INSURANCE SVCS. 810 d 811-1 110911,998 AH3111130 11YHSdYM-W0Jj WdZY:10 100Z-21-3e0 1LTT9 ON XH/X11 C4:£T t1RM TOOZ/ZT/ZT VERIFICATION that The averments or denials of fad contained in the foregoing are true based upon the sig()6es knowledge or information and belief. If the foregoing contains averments which are in fact, signer has been unable, after reasonable investigation, to ascertain which of the averments are true, but signer has knowledge or information sufficient to form a belief of them is true. This Verification is made subject to the penalties of 18 Pa. C.S. §4904, to unworn falsification to authorities. dL1 ?Ltx?? LORETTA FERSTER L- /1., - (71 RECEIVED r, ?'du3 NOV 19 2001 NABS INSURANCE SVCS. 9ZE-d 910'd 911-1 110MV999 MUNN 11VHSNVYI-WOJA wdEV:10 1002-Z1-3a0 KLETT ROONEY LIEBER & SCHORLING P.C. By: David Ira Rosenbaum, Esquire/By: Catherine A. Hewett, Esquire Identification Nos. 52859/82178 Two Logan Square, 12" Floor 18" and Arch Streets Philadelphia, PA 19103 (215) 567-7500 LORETTA FERSTER 1715 Flintlock Court Middletown, PA 17057 Plaintiff V. VISTEON AUTOMOTIVE CORPORATION 4505 West 26 Mile Road Washington, MI 48094 Logan Township, NJ DefendanVThird Parry Plaintiff V. Attorney for Defendant Visteon Corporation ASHLEY E. BACHERT 100 Reed Drive Marysville, PA 17053 and COURTEOUS RENTAL, INC. 50 Market Street Lemoyne, PA 17043 Additional Defendants. Philadelphia County Court of Common Pleas Philadelphia County August Terri, 2002 No.004836 Jury Trial of 12 Demanded NOTICE TO DEFEND NOTICE AVISO Le ban demandado a usted en la torte. Si usted quire defenderse de estas demandas expuestas en has paginas siguientes, usted time viente (20) dial de phazo al partir de la fecha de la demanda y in notification. Hace falta asentar una comparescencia escrita o en persona o con un abogsdo y entregar a la torte en forma escrita sus defensas o sus objectiones a has demandas m contra de so personal. Se avisado que si usted no se defiende, las torte tomara medidas y oeude continuar la demands en contra soya sin previo aviso o notification. Ademas, la torte puede decidira favor del demandante y requiem que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinem o sus propiedades u otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENIE. SI NO TIENCE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTEDE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A OFICINA CUYA DIRECCION SE ENCUENTRA ESTRITA ABAJOPARA AV ERIGUAR DONDE SE PUEDE CONSEQUIRASSISTENCIA LEGAL. ASSOCIATION DE LICENIADOS DE FILADELFIA SERVICIO DE REFERENCIA E INFORMATION LEGAL One Reading Center Filadelfia, Pennsylvania 19107 Telefino: 215-238-1701 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice forany 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 FINDOUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE One Reading Center Philadelphia, Pennsylvania 19107 Telephone: (215) 238-1701 KRLSPH1:189206.I JOINDER COMPLAINT OF THIRD PARTY PLAINTIFF VISTEON CORPORATION AGAINST THIRD PARTY DEFENDANT ASHLEY E. BACHERT AND COURTEOUS RENTAL. INC. Pursuant to Rule 2253 of the Pennsylvania Rules of Civil Procedure, Third Party Plaintiff Visteon Corporation, misidentified by plaintiff Loretta Ferster as Visteon Automotive Corporation ("Visteon"), hereby files this joinder complaint against Third Party Defendants Ashley E. Bachert and Courteous Rental, Inc. and in support thereof avers as follows: 1. PARTIES Upon information and belief, Third Party Defendant Ashley E. Bachert is an individual residing at 100 Reed Drive, Maryville, Pennsylvania 17053. 2. Upon information and belief, Third Party Defendant Courteous Rental, Inc. is a Pennsylvania corporation with a principal place of business at 50 Market Street, Lemoyne, Pennsylvania 17043. H. PROCEDURAL AND FACTUAL BACKGROUND 3. Plaintiff, Loretta Ferster commenced this action for injuries and damages sustained in a August 25, 2000 incident that occurred when a 2000 Ford Mustang operated by Third Party Defendant Ashley E. Bachert collided with the rear end of a 1992 Chevrolet Astro Van. See Plaintiffs Complaint, attached as Exhibit A; Commonwealth of Pennsylvania Police Accident Report, Incident No. 2000-08-0415, attached as Exhibit 13. 4. Visteon denied the averments asserted against it by Plaintiff Loretta Ferster by filing an Answer, New Matter, New Matter Cross Claim and Jury ]Demand, which is incorporated herein by reference as if fully set forth herein at length. Exhibit C. 5. Plaintiff initially filed a separate suit against only Defendant Ford Motor Company, KRISPH1:184446.1 Inc., Sutcliff Capital Ford, Inc., Courteous Rental, Inc. and Ashley Bachert in Ferster v. Ford Motor Company. Inc., October Term 2001, No. 3474 (C.P. Phila. 6) ("Ferster I"). See Ferster I Complaint attached as Exhibit D. 6. Visteon incorporates the averments set forth in paragraphs 20-21 of the Ferster I Complaint against Courteous Rental, Inc. and Ashley Bachert as if fully set forth herein at length. Exhibit D. Defendant Visteon Corporation hereby joins Third Party Defendants Ashley E. Bachert and Courteous Rental, Inc, in this action because, upon information and belief, they negligently operated and/or entrusted the Ford Mustang vehicle involved in the August 25, 2000 incident that is the subject of plaintiffs' complaint, which caused the injuries and damages alleged by plaintiff Loretta Ferster. COUNTI CONTRIBUTION Visteon Corporation v. Ashley E Bachert 8. Visteon incorporates by reference its Answer to Plaintiff's Complaint and the averments contained in paragraphs 1 to 7 above, as if fully set forl:h herein at length. 9. Visteon denies that it is liable to plaintiff Loretta Ferster in any sum whatsoever. If, however, plaintiff's claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in plaintiff's complaint, upon information and belief, the acts, negligence, carelessness, recklessness, or other culpable conduct of Third Party Defendant Ashley E. Bachert make that Third Party Defendant liable over to Third Party Plaintiff Visteon by way of contribution (including counsel fees and costs). WHEREFORE, Third Party Plaintiff Visteon Corporation demands that judgment be KRLSPn1:184446.1 entered in its favor and against Third Party Defendant Ashley E. Bachert for any and all sums that may be awarded in favor of plaintiff Loretta Ferster and such other relief as the Court deems appropriate. COUNT II INDEMNITY Visteon Corporation v. Ashley E. Bachert 10. Visteon incorporates by reference its Answer to Plaintiff's Complaint and the averments contained in paragraphs 1 to 9 above, as if fully set forth herein at length. 11. Visteon denies that it is liable to plaintiff Loretta Ferster for any sum whatsoever. If, however, the plaintiff's claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in the plaintiffs Complaint, upon information and belief, the acts, omissions, negligence, carelessness, recklessness, or other culpable conduct of Third Party Defendant Ashley E. Bachert in connection with the ownership, operation and entrustment of the Ford Mustang automobile involved in the incident described in plaintiffs' complaint would make it liable over to Visteon by way of indemnification (including counsel fees and costs). WHEREFORE, Third Party Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Third Party Defendant Ashley E. Bachert for any and all sums that may be awarded in favor of plaintiff Loretta Ferster and such other relief as the Court deems appropriate. COUNT III CONTRIBUTION Visteon Corporation v. Courteous Rental. Inc. 12. Visteon incorporates by reference its Answer to Plaintiffs Complaint and the KR SPFU:1&M146.1 averments contained in paragraphs 1 to I 1 above, as if fully set forth herein at length. 13. Visteon denies that it is liable to plaintiff Loretta Ferster in any sum whatsoever. If, however, plaintiff's claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in plaintiffs complaint, upon information and belief, the acts, negligence, carelessness, recklessness, or other culpable conduct of Third Party Defendant Courteous Rental, Inc. make that Third Party Defendant liable over to Third Party Plaintiff Visteon by way of contribution (including counsel fees and costs). WHEREFORE, Third Party Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Third Party Defendant Courteous Rental, Inc. for any and all sums that may be awarded in favor of plaintiff Loretta Ferster and such other relief as the Court deems appropriate. COUNT IV INDEMNITY Visteon Corporation v. Courteous Rental, Inc. 14., Visteon incorporates by reference its Answer to Plaintiff s Complaint and the averments contained in paragraphs 1 to 13 above, as if fully set forth herein at length. 15. Visteon denies that it is liable to plaintiff Loretta Ferster for any sum whatsoever. If, however, the plaintiffs claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in the plaintiff's Complaint, upon information and belief, the acts, omissions, negligence, carelessness, recklessness, or other culpable conduct of Third Party Defendant Courteous Rental in connection with the ownership, operation and entrustment of the Ford Mustang automobile involved in the incident described in plaintiffs' complaint would make it liable over to Visteon by way of indemnification (including counsel KRiSPnl: 184446.1 4 fees and costs). WHEREFORE, Third Party Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Third Party Defendant Courteous Rental for any and all sums that may be awarded in favor of plaintiffs Loretta Ferster and such other relief as the Court deems appropriate. COUNT V NEGLIGENT ENTRUSTMENT Visteon Corporation v. Courteous Rental. Inc. 16. Visteon incorporates by reference its Answer to Plaintiff's Complaint and the averments contained in paragraphs 1 to 15 above as if fully set forth herein at length. 17. Upon information and belief, Third Party Defendant Courteous Rental, Inc. entrusted the Ford Mustang that was involved in the incident described in plaintiff's Complaint to Third Party Defendant Ashley E. Bachert. 18 Visteon believes and avers that Third Party Defendant Ashley E. Bachert was not, upon information and belief, qualified or otherwise suitable to operate the automobile allegedly involved in the incident described in plaintiff's Complaint. 19. A reasonably prudent person or entity in the position of Third Party Defendant Courteous Rentals, Inc. would not have entrusted the Ford Mustang automobile allegedly involved in the incident described in plaintiff's Complaint to Third Party Defendant Ashley E. Bachert. 20. Upon information and belief, the injuries and damages alleged by plaintiff Loretta Ferster were caused, in whole or in part, by Third Party Defendant Courteous Rental, Inc.'s negligent entrustment of the Ford Mustang to Third Party Defendant Ashley E. Bachert. KRI SPM:184446.1 WHEREFORE, Third Party Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Third Party Defendant Courteous Rental, Inc. for any and all sum that may be awarded in favor of plaintiff Loretta Ferster and such, other relief as the Court deems appropriate. ROONEY & SCHORLING David Ira Rosenbaum, Esquire Catherine A. Hewett, Esquire Two Logan Square, 12th Floor Philadelphia, PA 19103 (P)(215)567-7500 Attorneys for Third Party PlaintifFOriginal Defendant Visteon Corporation Dated: March 3, 2003 KRLSPM:1844".1 6 VERIFICATION. I, Catherine A. Hewett, state that I am counsel for Visteon Corporation that I have read the attached Complaint, and on behalf of Visteon, I hereby verify that the factual statements contained therein are true and correct to the best of my knowledge, information and belief. I understand that this statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to un m falsification to authorities. Catherine A. Hewett Dated: March 3, 2003 KRISPIR:184446.1 CERTIFICATE OF SERVICE I, Catherine A. Hewett, hereby certify that on March 3, 2002, I caused a true and correct copy of the foregoing Joinder Complaint of Third Party Plaintiff Visteon Corporation Against Third Party Defendants Ashley E. Bachert and Courteous Rental„ Inc. to be sent via U.S. Mail, postage pre-paid upon the following: Robert N. Braker, Esquire Saltz Mongeluzzi Barrett & Bendesky 1650 Market Street, 34' Flr. Philadelphia, PA 19103 Jeffrey C. Sotland, Esq. Mintzer, Sarowitz, Zeris, Ledva & Meyers 1528 Walnut St., 22nd Flr. Philadelphia, PA 19102 Brigid Q. Alford Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, Pennsylvania 17108-0741 Edward J. Tuite, Esquire Marshall, Dennehey, Amer, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Jenifer M. Lener, Esquire Marshall, Dennehey, Amer, Coleman &: Goggin 1845 Walnut Street Philadelphia, PA 19103 J. David Byerly, Esquire 3 Glenhardie Corporate Center 1265 Drummers Lane, Suite 200 Wayne, PA 19087 1 Catherine A. Hewett KRLSPM:164446.I EXHIBIT A 1 SEP.20 2002 07:39 FR t1IST }LEGAL 33 619 3060 TO f 163961771 P.03 I f THIS IS NOT AN ARBITRATION N AN ASSESSMENT OF DAMAGES IS REQUIRED. SALTZa MONGELUZZI BARRETT S BENDESKY, P.C. REF 15 IrElVE E BY: ROBERT J. MONGELUZZI/ROBERT N. BRAKER SEP IDENTIFICATION NO.; 38283152583 ATTORNEYS FOR PLAINTIFF 34 FLOOR 1668 MARKET STREET PHILADELPHIA, PA 19183 (215)498.8282 LORMA FMSTER 171 S Flintlock Court Ivfiddletow% PA 17057 PHILADELPHIA LAW. V. TRW SAFETY SYSTFMS&I ESA, INC. 4505 Wag 26 We Road Washington, MI 48094 and VISTEON AUTOMOTIVE INC. 5500 Auto Ch,b Drive DearboM MI 48126 and C&C FORD SALES, INC. 1100 Easton Road Horatian, PA 19044 AUGUST TERM, No. 4836 JURY TRIAL COMPLAINT- CWIL ACTION 'NOTICE la M..e.. aaaw WE KweKft wad.Wn Meaa d f"W " awwaayddndw w aat MwdAwf M M WV4 r W IS^ 0 or ( m) 4nmaihw 4 W& im am ~ 40" Mew}4w Md1M?io bmbapwawL mmwwmw wdrryuw 06 M as war RaWt aEw.traa ad a lrOrw.. Mbawd n0ht fw by ft MR MOW bms aaawWt may awagdaWW?a fa pb"w far or aaE dMw mbdlgwawtNOe padf. Tw Rm blalw?w/wwAwpwdMtbhYlapwwlApw 'TW MpROTry YMPNOTa1W IAIMRAORrl. ITW WWRII AIAMR01 W/WTAOMO I rd1 W OR tlUrMRE TEM=$0lORM Kamm FMOW WrM +ouwt cErt?lxur. P"LMEW WAR9OMM" twnraRVgMlWW'QR AlW#LRY1LTa = cuw aoadwaWAd"Wmdl w c"m an W wad. PAW a MSOMM 30MOE WDOPM OE HARE" EEMCOOER6ER WAEMFORWMLEM Om RUGaca t nsddrw.aawi N 11107 THOW 921OWTtr `u Iw dwawdab a wtd a N tom, ? ?i c._ . (. omw dRO:Tn 2n 2n ioo SEP.2e0 2002 07:39 FR VIS LEGAL 313 619 3060 TO )163961771 SALT4 MONGELUZZI BARRETT & BENDESKY, P.C. BY: ROBERT J. MONGELUZZI/ROBERT N. BRAKER IDENTIFICATION NO., 38283/82583 ATTORNEYS FOR PLAINTIFF 34'" FLOOR 1050 MARKET STREET PHILADELPHIA. PA 19103 (215) 49&8202 LORETTA FEASTER 1715 Flintlock Court Middletown, PA 17057 P.04 V. I TRW SAFETY SYSTEMS/hv>1rSA, INC. AWUST 2RPM,12002 i , 4505 West 26 Mile Road Washington, MI 48094 and No. 4836 VIS MON AUTOMOTIVE INC. 5500 Auto Club Drive JIIRy TRIAL D ED Dearborn, MI 48126 and C$C FORD SALES, INC. 1100 Easton Road i Horsham, PA 19044 COMPLAINT- CIVIL ACTION Plaintiff, Loretta Ferster, claims of defendants, TRW SAFETY SYSTHMS/MESA, INC., VISTEON AUTOMOTIVE INC. and C&C FORD SALES, INC., jointly and severally, separate sums in excess of Fifty Thousand Dollars ($50,000.00) in damages, upon mosses of action, whereof' the following are true statements: 1. Plaintiff, Loretta Forster, is an adult individual and citizen of the Commonwealth of Pennaylvaana, residing at 1715 Flintlock Court, Middletown, PA 17057. z 1 1 I I? f t I LI SEP20 2002 07:39 FR . 1 VISTL i LEGAL 313 619 3060 TO E )63961771 P.05 2. Defendant, TRW SAYM SYSTE.MSlTdESA, INC. (hereinafter referred to as "TRW% is a corporation, organized and existing under and by virtue of the laws of the State of Delaware, and which, at all times mentioned and material hereto, has engaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, systematic, continuous and substantial basis, with its principal place of business located at 4505 West 26 We Road, Washington, Michigan 48094 and at an times relevant hereto was engaged in the design, manufacture, production, distribution, sale and assembly ofmotor vebiclea, including the 2000 Ford Mustang. 3. Defendant, VISTBON AVfOMOTTVE INC., (hereinafter referred to as "Visteon") is a corporation, organized and eadsfmg under and by virtue of the laws of the State of Delaware, and which, at all times mentioned and material hereto, has engaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, systematic, continuous and substantial basis, with its principal place of business located at 5500 Auto Club Drive, Dearborn, Michigan 48126 and at all times relevant hereto was engaged In the design, manufacture, production, distribution, sane and assembly of motor vehicles, including the 2000 Ford Mustang. 4. Defendant, C&C FORD SALES, INC. (herein Aar referred to as "C&C") is a corporation, organized and existing under and by virtue of the laws of the State of Pennsylvania, and which, at all times mentioned and material hereto, has engaged in budnm within the County of Philadelphia, Commonwealth of Pimttsylvu* on a regular, systematic, continuous and substantial basis, with its principal place of business located at 1100 Easton Road, Horsham, Pennsylvania 19044. 3 dnb:tn 20 20 400 SEP.20 2002 07:39 FR VIST, + LEGAL 313 619 3060 TO .' `P63961771 5. On August 25, 2000, at or about 4:27 p.m., Courteous Rental Inc., Market Street, Lemoyne, Pennsylvania 17043 and Ashley E. Bachert, 100 Reed Drive, Marysville, Pennsylvania 17053 owned, managed, maintained, possessed andlor controlled a certain motor vehicle, namely, a 2000 Ford Mustang bearing Pennsylvania license plate number CBS 9756, which motor vehicle was traveling in a southerly direction on Route t 1 in East Pennsboro Township, Cumberland County, Pennsylvania. 6. At the time and place aforesaid, plaintiff, Loretta Ferater, was a lawfully and properly situated front-seated passenger in the 2000 Ford Mustang, as aforesaid. 7. At the time and place aforesaid, RENTALS, INC. AND ASHLEY E. BACMRT, so carelessly and negligently operated the 2000 Ford Mustang, as aforesaid, by failing to propesiy and adequately maintain control and safe operation of her said motor vehicle and by far7ing to have said motor vehicle: under such control so as to have been able to bring said vehicle to a stop prior to striking a vehicle travelling in a I! southerly direction on Route 11, which vehicle was being operated by Raymond E. Petit, 21 Centre Terrace, Rochester, New York 14617. 8. At the time of the aforesaid collision, the passenger-side airbag of the 2000 Ford Mustang exploded in such a manner that it caused plaintiff to sustain those serious and permanent personal injuries more specifically set forth hereinafter. 9. Defendants, TRW, VISTEON and C&C, along with FORD MOTOR COMPANY, INC., American Road, Dearborm Michigan 48121 and SUTLIFF CAPITAL FORD, INC., 100 Paxton Street, Harrisburg, Penosyh ania 17014, designed, manufactured, assembled, bm1t, installed, marketed and sold the aforesaid 2000 Ford 4 P.06 Jn??rn vn 7n ton L0'39W SEP-20 2002 07:39 FR VISTEJ LEGAL 313 619 3060 TO L 1163961771+ iP.07 Mustang including the dangerous and defective passenger-side airbag which injured plaintiff. which injuries are more specifically set forth hereinafter. COUNT I- PRODUCT LIABILITY LORETTA FERST'ERv TRW VISTXON and C&C to. Plalntiff incorporates herein by reference paragraphs 1 through 9 of this Complaint the same as if fully set fbr& hereinafter. 11. Defendants, TRW, VISTEON and CdtC, by and through their separate and respective agents, servants, workers and representatives, breached their duties and obligations owed to plaintiff pursuant to common law and §402A of the Restatement of the Law of Torts (Second), and are liable to plaintiff for causing injury for the following reasons: (a) Selling the 2000 Ford Mustang in a defective condition; (b) Selling a product, the 2000 Ford Mustang, which was unreasonably dangerous; (c) Selling a product, the 2000 Ford Mustang, which was not safe for its intended use; (d) Falling to have adcquate warnings on the 2000 Ford Mustang; (e) Providing a motor vehicle with an unreasonably defective passenger-side airbag; (f) Providing a vehicle which had a dangerous and defective airbag which would and did cause serious and catastrophic injuries to plaintiff; 5 ?... ..., on ?n iron dEP.20V2002 07:40 FR VISA ?? LEGAL M 313 619 3060 TO ?6163961771 P.013 (g) Providing a vehicle with a dangerous and defective airbag which improperly inflates; (h) Seffing a product, the 2000 Ford Mustang, with a defector airbag; (i) Selling a product, the 2000 Ford Mustanlg, which had a dangerous airbag which would likely cause injuries to individuals coming in contact with the same; Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag which contained air that was too dangerously hot; (k) Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag, which was made of a material which likely cause j serious and catastrophic Injuries to all persons coming in contact with the tame; (1) Failing to warn users of the dangerous and! defective airbag; (m) SeLrmg a product which lacked all necessary safety features to protect users of said product; (n) Failing to have proper warnings and instructions concerning the use of the vehicle and ifs airbags; (o) Selling a product which was lacking one or more elements necessary to make it aafb for its intended use; i (p) Mamrfach ting, designing and distributing a product which was j defective and which would likely cause igjury to its users; (q) Failing to equip the 2000 Ford Mustang with the necessary safety I devices; 6 ?I ?... ?n wn son SEP-20 2002 07:40 FR ViSI ,.9 LE6RL 313 619 3060 TO 163961771 P.09 i (r) Violating applicable OSHA and ANSI standards; (s) Fading to adequately and property test said vehicle; iI (t) Assembling a product which defendants knew or should have I known would cause injury to the user, (u) Delivering a product which was defective and would likely cause injury to the user, (v) Using component parts which created a risk of harm to the user of ? the product; (w) Supplying a product which required component parts to decrease the risk of harm to the user, (x) Fairing to properly service this product; (y) Assembling a product which defendants knew or should have known would cause injury to the user because of the dangerous and defective airbag; and (z) Other acts of product liability which will be discovered during the course ofdiscovery ofdhis matter. 12. As a result of the breach of defendant's duties under §402(A) of the Restatement of the Law of Torts (Second) and common law, plainti$ Loretta Faster, sustained serious and. disabling permanent personal injuries: she sustained a severe fracture of her right wrist complicated by nonunion; she sustained a traumatic laceration of her right wrist; she sustained a traumatic laceration of her ulnar nerve with neuroma; she sustained traumatic carpal tunnel syndrome; she sustained traumatic' arthritis of the distal radioubw joint; she was required to undergo an open reduction and open fixation of the j 7 III 'll JM+ !Tn 7n Rn zoo SEP 20 2002 07:40 FR VIS. M LEGAL 313 619 3060 TO fi163961771 malunion radius with Mac crest bone grafting, left median nerve decompression and neurolysis, neurolysis of the ulnar nerve with stabilization neuroma, flexor tenosynovcctomy flexor tendons and all tendons resectioned capsulodesis of the distal ulna major surgical procedure; she has suffered from severe pain in her right arm, band and fingers; she has suffered from severe weakness in her right hand, arm and fingers; she has suffered from severe difficulty utilizing her right hand, arm, fingers and wrist; she has lost the range ofmotion of her right hand, arm, fingers and wrist; she underwent an application of external fixation device of the mliu4 closed reduction of fracture without internal fixation of the radius and ulna, suture of the skin and subcutaneous tissue, debridement of ?i the open fracture of the radius and ulna and application of wowed dressing major surgical procedure; she suffers from numbness of her right arm, hand, wrist and fingers; she has been required to wear a splint, she has lost the strength of her grip; she has lost the strength in her hand; she sustained injury to her cervical spine: she has suffered from perm in her right shoulder; she lost it significant amount of blood; she will likely require future cosmetic surgery; she has suffered from unsightly scarring; she has suffered from tremendous embarrassment; she sustained further orthopedic, neurological, internal, psychological and psychiatric injuries, the full extent of which has yet to be determined; she sustained severe shock to her nerves and nervous system; she her in the past required and will in the future contimre to require medicines, medical care and treatment she has in the past suffered and will in the future continue to suffer agonizing aches, pains, suffering and mental anguish; she has in the past and will in the future continue to be disabled Prom performing her usual duties, occupations and avocations, all to her great Ion and detriment; she has suffered from a loss of life's pleasures, 8 P.10 StO.20 2002 07:40 FR VISI ,,J LEGAL 313 619 3060 'f0 '163961771 P.11 13. Plaintiff has sustained and makes claim for pain and R zing, loss physical fraction, permanent physical, mental and psychological injuries, humiliation and embarram moot, loss of life's pleasures, loss of earnings and earning capacity and any and all of the damages to which she is entitled or may be entitled under the law of the Commonwealth of Pennsylvania. WHEREFORE, plaintiff, Loretta Fetster, claims of de6imdantg TRW, VISTEON and C&C, jointly and severally, separate $ums in excess of Fully Thousand Dollars ($50,000.00) in damages, and brings this action to recover the same, COUNT II- NEGLIGENCE LORETTA FEASTER r TRW yLSTEi- xad CdtC 14. Plaintiff incorporates herein by reference paragraphs 1 through 13 of this Complaint the same As if fully set forth hereinafter. 15. Defendants, TRW, VISTEON and C&C, by and through their separate and respective agents, servants, workers and representatives, breached their duties and obligations owed to plaintiff due to their negligence, and are liable to plairniff for causing injury for the following reasons: (a) Selling the 2000 Ford Mustang in a delbaive condition; (b) Selling a product, the 2000 Ford Mustang, which was unreasonably dangerous; (c) , _Selling a product, the 2000 Ford Mustang, which was not safe for its intended use, a (d) Failing to have adequate wan*w on the 2000 Ford Mustang; g J--• n ?n ?n %on 50.20 2002 07:40 FR VIS LEGAL 313 619 3060 TO )163961771 P.12 (e) Providing a motor vehicle with an unreasonably defective passenger-side airbag; (t) Providing a vehicle which had a dangerous and defective airbag which would and did cause serious and catastrophic injuries to plainff> (g) Providing a vehicle with a dangerous and defective airbag which improperly inflates; (b) Selling a product, the 2000 Ford Mustang, with a defective airbag; (1i) Selling a product, the 2000 Ford Mustang, which had a dangerous airbag which would likely cause injuries to individuals coming in contact with the same Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag which contained air that was too dangerously hot; (k) Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag, which was made of a material which likely cause serious and catastrophic injuries to all persons coming io contact with the same; (1) Farling to warn users of the dangerous and defective airbag; (m) Selling a product which lacked all necessary safety features to protect users of said product; (n) " Failing to have proper warnings and instructions concerning the use of the vehicle and its airbagr, - , , vn 7n son S E P 20 2002 07:40 FR VIS."UN LEGAL .7? •L• 1..rVV1..r 4.V iJl1 313 619 3060 fro -. 16163961771 P.13 (o) Selling a product which was lacking one or more dements necessary to roake it safe for its intended use, (p) Manufacturing, designing and distributing a product which was defecdve and which would likely cause injury to its users; (q) Failing to equip the 2000 Ford Mustang with the necessary safety devices; (r) Violating applicable OSHA and ANSI standards; (s) Failing to adequately and properly test said vehicle; (t) Assembling a product which defendants knew or should have known would cause injury to the user, (u) Delivering a product which was defectnre and would likely cause injury to the user, (v) Using component parts which created a risk of harm to the user of the product; (w) Supplying a product which required component parts to decrease the risk of harm to the user, (x) Failing to properly service this product; (y) Assembling a product which defla daMx knew or should have known would cause injury to the user because of the dangerous and defective airbag; and (z) Other acts of negligence which will be discovered during the course of discovery of this matter. 11 i 9EP•20 2002 07:40 FR VIS JN LEGAL 313 619 3060 TO )6163961771 16. As a result of the breach of Defendants' duties, as aforesaid, plamtiK Loretta Ferster, sustained serious and disabling permanent persooal injuries: she sustained a severe fracture of her, right wrist complicated by nonunion; she sustained a traumatic laceration of her right wrist; she sustained a traumatic laceration of her ulrw nerve with neumma; she sustained traumatic carpal tunnel syndrome; she sustained traumatic anittitis of the distal radioulrw jpint; she was required to undergo an open reduction and open fixation of the malunion radius with iliac crest bone grafting, left median nerve decompression and neurolysi% neurolysis of the inner nerve with stabilizatioa neuroma, flexor tenosynovectomy flexor tendons and all tendons resectiioned capsulodesis of the distal ulna major surgical procedure; she has suffered from severe pain in her right arm, i hand and fingers; she has suffered from severe weakness in her right hand, arm and fingers; she has suffered from severe difficulty utilizing her right hand, arm, fingers and wrist; she has lost the range of motion of her right hand, arm, fingers and wrist; she underwent an application of external fixation device of the radius, closed reduction of fracture without internal fixation of the radius and ulna, suture of the skin and subcutaneous tissue, debridement of the open fracture of the radius and ulna and e application of wound dressing major surgical procedure; she suffers from numbness of her right aril, hand, wrist and fingers; she has been required to wear a splint; she has lost the strength of her grip; she has lost the strength in her hand; she sustained injury to her cervical spiny, she has suffered from pain in her right shoulder, she lost a significant amount of blood; she will likely require future cosmetic surgery, sbe has suffered from unsightly scarring; she has suffered from tremendous embarrassment; she sustained further orthopedic, neurological, internal, psychological and psychiatric injuries, the W extent of 12 P.14 '---- -- -- - -1 5EP 20 2002 07:40 FR VM._) ON LEGAL 313 619 3060 TO /6163961771 IP.15 which has yet to be determined; she sustained severe shock to her nerves and nervous system; she has in the past required and will in the future continue to require medicines, medical care and treatment; she has in the past suffered and will in the future continue to suffer agonizing aches, pains, suffering and mental anguish; she has in the past and will in the fbture continue to be disabled from performing her usual duties, occupations and avocations, all to her great loss and detriment; she has suffered from a loss of life's pleasures. 17. Plaintiff bas sustained and makes claim for pain and suffering, loss of Physical functioq permanent physical, mental and psychological injuries, humiliation ands embarrassment, loss of life's pleasures, loss of earnings and earning capacity and any and all of the damages to which she is entitled or may be entitled under the law of the Commonwealth ofPennsytvania. WHEREFORE, Plaintiff Loretta Ferster, claims of defendants, TRW, VISTEON and C&C, jointly and severally, separate Munn in excess of Fifty Thousand Doflars (550,000.00) in damages, and brings this action to recover the same. SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. 1Y. ROBERT I.MONGKUZM ROBERT N. MAKER Attorneys for Plaintiff, Loretta Ferster i 13 ?n 7n son USER 20.2002 07:41 FR VII ON LEGAL 313 619 3060 Td 6163961771 1P.16 YEItIFICATION The averments or denials of fact contained in the foregoing are true based upon the signers personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fad, Signer has been unable; after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This Verification is made subject to the Penalties of 18 Pa. C.S. +14904, relating to unworn falsification to authorities. A AL LO TTAF LSTER ]4 ¦* TOTAL PAGE.16 a?? • .., ?n ?n son EXHIBIT B ,'.REFER TO OVERLAY SHEETS 6?2 39 THIS i?. ,? . .. . L'0MM0NWI:AL1.H0FP1fNNA4*MED POLICE ACCLOMT REPORT REPORTABLE ® NON-REPORTABLE ?CI J "v ROM, t ? 3 ...,. ' N101BER 2000-08-0415 20.COWTY ll,K1 CODE QIIIber1 R 21 1bid13hip Dept M East P?oro Police NAME 21.MMICIPAEITT CODE East PE7msboxo IV 10 1 PREC "TAT"" - 4. PATROL PRECINCT Enola, Pd ZONE. 0002 PRINCIPAL ROADWAY INFORMA77ON S.INVESTIGATOR BADGE Michael Cotton NUMBER 1617 22.5O E MO.OR SR 0(111 OS RtS 11Sc15 , STREET NAME 6.APPROVED BY - SWE NUMBE 23.SP E 4. TTPE ED 45 A CCES S R 7.tNVESTIGATION S.ARRIVAL 08/25/2000 6 MI T r 2 LI 2 NIC xuA CO NTROL DATE 34 TIME 1 INT.ERSECTiNG ROAD: 26. ROUTE NO.OR STREET NAME 9.ACC.IDENT t0.DAY Of WEEK ' DATE 08/25/2000 Priddy ?'I 27.SP H TYPE ACCESS 11.TIME OF 1627 12. NWBER MIT HIGHWAY CONTROL DAY OF UNITS 2 IFNOTATINTERSECTION • 13.0 KILLED 14.0 INJURED 15.PRIV.PROP. 0 1 E ? . 30.CR055 STREET OR ACCIDENT Y N ' SEGMENT MARKER 3R 1004, Valley Street 16.DIO VEHICLE RAVE TO BE 17.VFHICLE DAMAGE REMOVED FROM THE SCENE? O-NONE WIT 1 31.D1RECTIOI 32.0 ISTANCE FR N®E W 25 a WIT 1 WIT 2 I-LIGHT OM SITE FROM SITE 0 FT. MI. 2-MODERATE 3-SEVERE WIT 2 33.013TANCE WS MEASURED 1:1 ESTIMATED Y ? N Q r? N 0 CONSTRUCTION 5 TRAFFIC PRINCIPAL INTERSECTING 20ME CONTROL /B.MATERIIALS Y ? N 19.PEMNDOT R OPERTY Y ? N D 1 DEVICE [ 36.LEWLLY Y M 3T.REG. 38. STATE % 36.LECALLY T N 37 REG PARKED? PLATE CBS 9756 PA PA 9 T . . 36. STATE PARKED? PLATE R2F 251 NY . ITLE M OUT-OF-STATE VIN 1FAFP4446Y160683 39 Our. PA TI TLE OR -OF-STATE VIN 1Q'DM19Z7NB155872 GO.OWNER Ca test' Rentals, Im. 40.OWNER Barbara T. Page 41 ADDRESS 50 Market Street 41.OYNER 74 Haddon Road AD 42.6I1T,STA it a zIPC00E ?le, PA 17043 DRESS 42. CITY ,STATE a zlPCnDE meter, NY 14626 43.YEAR 2000 44.11AKE Ford 43_YEAR 44.MAKE 1992 Ct)ev>:olet 45.MDGEL-(ROT 46-IN BODY TYPE) Mustang Y119 N ? WK? 45.MODEL•(NOt S BODY TYPE) AStro Van 4 BODY 4 SPECIAL VEHICLE 03 Y ISM N ? WK? O BODY SPEC IIA TYPE - USAGE 0 OWNERSHIP 2 C L 0 9 VEHICLE TYPE 40 WA 2 INITIAL IMPACT 1 VEHICLE TRAVEL POINT 12 0 99 OWNERSHIP 0 INITIAL IMPACT 1 VENICLE TRAVEL STATUS SPEED 3 VEHICLE DRIVER 5 DRIVER POINT 06. STATUS 0 SPEED 40 GRADIENT 1 PRESENCE 1 CONDITION 1 VEHICLE 4 DRIVER 5 DRIVER GRADIENT 1 VE1 1 RESENCE 1 CON. NUMBER 26456642 PA NtRNER 561259730 sa.DRIVER MAKE Ashley E. Bache t sS.DRI NAMEVER Rayffcnd E.. Petit 59. DROVER 100 Reed Drive ADDRESS 59 .DRIVER ADDRESS 21 Centre Terrace 60.Ci TY,STA It d uPCODE Marysville, PA 17053 60.CITY STATE , a ZIP CODE Rochester, NY 14617 61 -SEX 161-DATE OF 63.PXONE F SIRrx 01/26/1984 717-957=3254 61.S EX 62.DATE OF "-- 11 ' 10/15/ M 1930 637 6 2 BtRTx 1 27-6828 Y N CLASS P _ T Y N CUSS L 6T.CARRIER . 67.CARRIER 4 68.5RRIER ADDRESS .CARRIER 69.Cl TY, STATE ADDRESS 69. CI Tr STATE I zIPC00E , d ZOPCOOE I 70.USOOT 0 MCC 0 PIIC 0 70.1K00T 0 (I:C 0 PUC 0 VEX. ;73 CARGO 74.CVWR - NF COlG. BODY TYPE VEX. C1W60 74.GWR 75.X0. Of . b HAZARDOUS .RELEASE OF NAZ MAT AXLES MATERIALS CONFIG. BODY TYPE 75.X0. OF NAURDOUS .RELEASE Of NAZ MITT [3 n T N WK AXLES MATERIALS Y M UNK PAGE: I CENTER FOR HIGHWAY SAFETY Est T??inu.0 - .u I.u FUL&Al?anLX. it i.:niva 0'2000-C3-U•.iz, ;'V.MEDL SAL FACnm Holy -cWLit Hospital IDSNT DATB• 08/25/2000 E C D E F 0 NAME ADDRESS - M I J K L M Ol 1 F 16 3 1 1 Driver of unit #1 0 0 0 E 0 0 01 3 F 99 3 1 0 Loretta Pfister 324 Race st, MiddletaAEn PA 17057 3 3 , 5 A 6 1 6. F 99 2 1 0 Lissa Ferster same address as above.-phone #948-4402 0 0 0 B 0 0 d 1 M 69 3 1 0 Driver of unit #2 0 0 0 B 0 0 O2 B F 99 3 1 0 Barbara Page 74 Haddon, Rd, Rochester, NY 14626 4 9 3 B 0 0 ( ILLUIINATIGNa Q?4E111NER Q 86. DIAGRAM: not t0 sCal¢ i i ,? !ROAD SURFACE lns t w ,? north #2 11 84.PENNSYLVANIA SCHOOL DISTRICT o-? CIF APPLICABLE) 85.DESCRIPTIOM OF DAMAGED PROPERTY i OWNER southbound ADDRESS Grass Barrier ' . ... PHONE .... .... 8 .NARRATIVE-IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCES OF EVENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL DETAILS, LIKE INSURANCE INFOWA71ON AND LOCATION OF TOWED VEHICLES, IF KNOWN. Both Twits uere travelling in the right hand lane, sm*jj)oM , on SR 0011 US Rts 11&15 , . . The driver of Unit #2 advised that he slaved in his lane due to traffic ahead of his vehicle. This driver advised he was travelling with the flow of traffic and was driving at about 35 to 40 mph at the time of the impact. Unit #2 driver advised he was hit from behind by unit #1. unit #1 driver advised she was unable to completely stop as traffic slaved in front of i her. Unit #1 driver holds a leamer's permit. An adult was accompanying this driver. This i adult suffered a compound fracture to the right arll/wrist. Unlit #1 was towed from the scene by a private hauler. Unit #1 was drivable but the agoer decided to tow this vehicle. Unit #2 drove fmm the scene. This officer observed m skid marks prior to impact. IDN OKPAMY CN atiti onal Alliance Service l?ll CO)VA d -MY ?,(33 Mlyhul UI[i T POLICT No CAS0922018 UNIT 2 POLICY NO 910131-5381 ee. NAME PHONE WITNESSES NAME ADDRESS PHONE VIOLATIONS Inolwto TC RTC UNIT T careless driving ? 0 UNIT 2 00 USE TEST MO TEST`S USE TEST + NO TESTCOMPLE7E7 lNlli':a 0 0 0 } O REFUSE UNIT 0 REF . 0 0. } USE -TES M NO UNK PAGE: L CENTER FOR HIGHWAY SAFETY EAST PENNSBORO TOWNSHIP „K "B`E \`?b POLICE DEPARTMENT 98 South Enola Drive • Enola, PA 17025.2796 • (717) 7323633 • FAX (717) 732.3980 25 T1 Y 0 Taff an 1 PWNi (? Ir I APPROVED BY L T L (C S I • NO /f.T , 7 ER 7 C BADGE NO. UNIT if -i UNITZ / UNIT3 LEGALLY wow MAfE j S I sr MWM ? RE_. asrCx _ b ` A ? ? awE munm oR Yw n? 81 S '-x PATrRE OA Oww OP BTArE A F P4441c 1 &Y DuTV OF M E ONNM PA0.IA r cFE OWNER QU Tt5, FA#Tftc /AIL m*" OWNER ADDRESS FP- ADDRESS Er 5r. OWNM ? ? r4 wf v N I fb z(, ZIP` CO c,: &I4 C n noC ffi CODE YEAR MAKE YEAR Coo MAKE b YEM MAKE MODEL Frn.mi.r.u *.,n MVS7rt1M6. t?mn.c O0A"""' A 1 P Id LltvAl oNfK AIUANcf $iL DA POLICY NUMBER 1101!51-53s) POLICY NUMBER o9l? al s POLICY NUMBER NUM3MS(P 7 f 1 73 V A MMSER2?y+6c, &42- ?/E (A PRAISER eDDE DRVER NA"E ppD E. it-TIT DRIVER a NAME rJ F rf'- pgryER NAME ADDRESS 1 NTQ E C)? Q ADDRESS EE n ?t I JE DAro sS CrM, stvE a ZIP CODE C/?Q M A,, clrY, SrArE D a2PCODE /Un{, S /i ! F CITY. SATE I ZIP CODE DOWE ?'F IS '30 7 SEX f ? ,T DAm J?.1V'I / .S -SEX BRTwDATEOF %qNE v CLASS s R• _ I / ?5 ! RM r 0' M I ? ? S R . CARRIER OVWR CARRIER OYPm CAFWA SVWR CARRIER ADDRESS NQ OF AXLES CARRIER ADDRESS N0. DF AXUEB CARPoEA ADDRESS NO. OF ALES CITY, SAATE a 211' CODE CRY, STATE a 21P CODE CrrY, STAE 6 21P CODE usDOrl Kx• PUCA uscaTt 1CCE PUCE LISDOrF =4 PUC• OE*MPTIM OF PWAGED PROPERTY vpTf/ Lu??rn 374 ?Arms 5C A110011-0,1011 Pa ?DS ? x/98 g90z ADDRESS C 71,55A N?FPS?Mi S ??ss£ 40 _ i' .F.A ? //:?/ f 74 k5ij.'KD. l?cr-ill5rf7? , ?y? 14l?Zlo. Z, WFAMWE er. BY. NOTICE OF ACCIDENT REPORT Notification Is hereby given, as required by Section 3746(c) of the Vehicle Code, that the above Identified accident was reported to the East Pennsboro Township Police Department, 98 South Enola Drive, Enola, PA. (717) 732-3633. This accident (REPORTABLE ONLYI is being Investigated by Officer _A" ? Badge No. KC 1 :?2 and a Police Accident Report will be submitted as required by law. In the event a copy (REPORTABLE ONLYt is deslreg consult the above named Police Department for details and established fee. CAMPBELL CAMPBELL EDWARDS & CONROY By: J. David Byerly, Esquire Attorney Identification No: 80714 Three Glenhardie Corporate Center 1265 Drummers Lane, Suite 200 Wayne, PA 19087 (610) 964-1900 Attorneys for Defendant, C&C Ford Sales, Inc. LORETTA FERSTER V. C&C FORD SALES, INC., VISTEON AUTOMOTIVE, INC., TRW SAFETY SYSTEMS/MESA, INC. V. To:]Resnondent You are hereby notified to file a written response to the enclosed Complaint within twenty (20) days from service hereof or a judgment may be enter against you. By:_ COURT OF COMMON PLEAS PHILADELPHIA COUNTY r, n g " JULY TERM, 2002, NO. 004836A JURY TRIAL DEMANDED CIVIL ACTION - LAW -' ASHLEY E. BACHERT and COURTEOUS : RENTAL, INC. 1. PARTIES Upon information and belief, Additional Defendant Ashley E. Bachert is an individual residing at 100 Reed Drive, Maryville, Pennsylvania 17053. Upon information and belief, Additional Defendant Courteous Rental, Inc. is a Pennsylvania corporation with a principal place of business at 50 Market Street, Lemoyne, Pennsylvania 17043. II. PROCEDURAL AND FACTUAL BACKGROUND 3. Plaintiff, Loretta Ferster commenced this action for injuries and damages sustained in a August 25, 2000 incident that occurred when a 2000 Ford Mustang operated by Additional Defendant Ashley E. Bachert collided with the rear end of a 1992 Chevrolet Astro Van. See Plaintiff's Complaint, attached as Exhibit "A" 4. C&C Ford denied the averments asserted against it by Plaintiff Loretta Ferster by filing an Answer with New Matter and New Matter Cross Claim with Jury Demand, which is incorporated herein by reference as if fully set forth herein at length. See, Exhibit "B". 5. Plaintiff initially filed a separate suit against only Defendant Ford Motor Company, Sutcliffe Capital Ford, Inc., Courteous Rental, Inc. and Ashley E. Bachert in Ferster v. Ford Motor Company, October Term 2001, No. 3474 (C.P. Phila. Co.) ("Ferster I"). 6. C&C Ford incorporates the averments set forth in paragraphs 20-21 of the Ferster I Complaint against Ashley E. Bachert and Courteous Rental, Inc. as though fully set forth herein at length. Defendant C&C Ford hereby joins Additional Defendants Ashley E. Bachert and Courteous Rental, Inc. in this action because, upon information and belief, they negligently operated and/or entrusted and/or owned the Ford Mustang vehicle involved in the August 25, 2000 incident that is the subject of plaintiffs' complaint, which caused the injuries and damages alleged by plaintiff Loretta Ferster. COUNTI CONTRIBUTION C&C Ford v. Ashley E. Bachert 8. C&C Ford incorporates by reference its Answer to Plaintiff's Complaint and the averments contained in paragraphs 1 though 7 above, as if fully set forth herein at length. 9. C&C Ford denies that it is liable to plaintiff Loretta Ferster in any sum whatsoever. If, however, plaintiff's claims are proven, and there; is found to be legal responsibility for all of any of the damages alleged in plaintiff's complaint, upon information and belief, the acts, negligence, carelessness, or other culpable conduct of Additional Defendant Ashley E. Bachert makes her liable over to C&C Ford by way of contribution. WHEREFORE, Defendant, C&C Ford Sales, Inc., hereby joins Ashley E. Bachert as an Additional Defendant and states that said Additional Defendant is solely liable to Plaintiffs, jointly and severally liable and/or liable over to C&C Ford Sales, Inc. for contribution and/or indemnity together with costs, as authorized by law. COUNT II INDEMNITY C&C Ford v. Ashley E. Bachert 10. C&C Ford incorporates by reference its Answer to Plaintiff's Complaint and the averments contained in paragraphs I though 9 above, as if fully set forth herein at length. 11. C&C Ford denies that it is liable to plaintiff Loretta Ferster for any sum whatsoever. If, however, the plaintiff claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in the plaintiff's Complaint, upon information and belief, the acts, omissions, negligence, carelessness, or other culpable conduct of Additional Defendant Ashley E. Bachert in connection with the ownership, operation and entrustment of the Ford Mustang automobile involved in the incident described in plaintiffs' complaint would make her liable over to C&C Ford by way of indemnification. WHEREFORE, Defendant, C&C Ford Sales, Inc., hereby joins Ashley E. Bachert as an Additional Defendant and states that said Additional Defendant is solely liable to Plaintiffs, jointly and several liable and/or liable over to C&C Ford Sales, Inc. for contribution and/or indemnity together with costs, as authorized by law. COUNT III CONTRIBUTION C&C Ford v. Courteous Rental, Inc. 12. C&C Ford incorporates by reference its Answer to Plaintiff's Complaint and the averments contained in paragraphs 1 though 11 above, as if fully set forth herein at length. 13. C&C Ford denies that it is liable to plaintiff Loretta Ferster in any sum whatsoever. If, however, plaintiff's claims are proven, and there is found to be legal responsibility for all of any of the damages alleged in plaintiffs complaint, upon information and belief, the acts, negligence, carelessness, or other culpable conduct of Additional Defendant Courteous Rental, Inc. make it liable over to C&C Ford by way of contribution. WHEREFORE, Defendant, C&C Ford Sales, Inc., hereby joins Courteous Rental, Inc. as an Additional Defendant and states that said Additional Defendant is solely liable to Plaintiffs, jointly and several liable and/or liable over to C&C Ford Sales, Inc. for contribution and/or indemnity together with costs, as authorized by law. COUNT IV INDEMNITY C&C Ford v. Courteous Rental, ]Inc. 14. C&C Ford incorporates by reference its Answer to Plaintiff's Complaint and the averments contained in paragraphs I though 13 above, as if fully set forth herein at length. 15. C&C Ford denies that it is liable to plaintiff Loretta Ferster for any sum whatsoever. If, however, the plaintiff claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in the plaintiffs Complaint, upon information and belief, the acts, omissions, negligence, carelessness, or other culpable conduct of Additional Defendant Courteous Rental in connection with the ownership, operation and entrustment of the Ford Mustang automobile involved in the incident described in plaintiffs' complaint would make it liable over to C&C Ford by way of indemnification. WHEREFORE, Defendant, C&C Ford Sales, Inc., hereby joins Courteous Rental, Inc. as an Additional Defendant and states that said Additional Defendant is solely liable to Plaintiffs, jointly and several liable and/or liable over to C&C Ford Sales, Inc. for contribution and/or indemnity together with costs, as authorized by law. COUNT V NEGLIGENT ENTRUSTMENT C&C Ford v. Courteous Rental, Inc. 16. C&C Ford incorporates by reference its Answer to Plaintiff's Complaint and the averments contained in paragraphs 1 though 15 above, as if fully set forth herein at length. 17. Upon information and belief, Additional Defendant Courteous Rental, Inc. entrusted the Ford Mustang that was involved in the incident described in plaintiff's complaint to Additional Defendant Ashley E. Bachert. 18. C&C believes and avers that Additional Defendant Ashley E. Bachert was not, upon information and belief, qualified or otherwise suitable to operate the automobile allegedly involved in the incident described in the plaintiff's complaint. 19. A reasonably prudent person or entity in the position of Additional Defendant Courteous Rental, Inc. would not have entrusted the Ford Mustang automobile allegedly involved in the incident described in plaintiff's complaint to Additional Defendant Ashley E. Bachert. 20. Upon information and belief, the injured and damages alleged by plaintiff Loretta Ferster were caused, in whole or in part, by Additional Defendant Courteous Rental, Inc.'s negligent entrustment of the Ford Mustang to Additional Defendant Ashley E. Bachert. WHEREFORE, Defendant, C&C Ford Sales, Inc., hereby joins Courteous Rental, Inc. as an Additional Defendant and states that said Additional Defendant is solely liable to Plaintiffs, jointly and several liable and/or liable over to C&C Ford Sales, Inc. f'or contribution and/or indemnity together with costs, as authorized by law. CAMPBELL CAMPBELL EDWARDS & CONROY By: avi By g, Esquire Attorneys for Defendant, C&C Ford Sales, Inc. Dated: 17-4w03 _ VERIFICATION I, J. DAVID BYERLY, ESQUIRE, being duly sworn according to law, hereby states that I am the attorney for defendant, Ford Motor Company, and am authorized to take this Verification on its behalf. I hereby verify that the statements contained in the within Joinder Complaint of Defendant, C&C Ford Sales, Inc. are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to penalties to 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. By. !G D. ye yEsquire CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the Joinder Complaint of Defendant, C&C Ford Sales, Inc. was served on 2003, via United States first class mail, postage prepaid and addressed as follows: Robert N. Braker, Esquire Robert J. Mongeluzzi, Esquire SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. One Liberty Place -- 341 Floor 650 Market Street Philadelphia, PA 19103 Attorney for Plaintiff Edward J. Tuite, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 1845 Walnut Street - 21" Floor Philadelphia, PA 19103 Attorney for Courteous Rental, Inc. and Ashley Bachert Brigid Q. Alford, Esquire BOSWELL, TINTNER, PICCOLA, WICKERSHAM 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Co-counsel for Ashley Bachert David Ira Rosenbaum, Esquire Two Logan Square, 12`h Floor Philadelphia, PA 19103 Counselfor Visteon Corp. Jonathan Dryer, Esquire The Curtis Center, Ste. 1130 East Independence Square West Philadelphia, PA 19106 Counsel for TRW Safety Systems J. vi yerly, Esquire EXHIBIT A. IfQ•3`.1? . . SEP .20 2002 07:39 FR VjsTg?., LEGAL I cv:?_L cwc G17 1.A1 313 619 3060 TO 91 163661771 I P.03 THIS IS NOT AN ARBITRATION M AN ASSESSMENT OF DAMAGES IS REQUIRED. RFrC-IVE SALTZ. MONGELUZZI BARRETT 3 BENDESKY. P.C. SE716 200 BY: ROBERT J. MONGELUZZIIROBERT N. BRAKER ATTORNEYS FOR PLAINTIFF IDPMFICATION NO.: 35283167553 34 FLOOR 1660 MARKET STREET PHILADELPHIA, PA 19103 (215) 495,8282 LORE9TA FERSTER 171SFIiWoek Court Ivliddletovm, PA 17057 V. TRW SAFETY SYSTFMSMSA, INC. 4505 west 26 Mle Road wasSuSton, MI 48094 and VISTEON AUTOMOTIVE INC. 5500 Auto Club Drive DearbmTk MI 48126 and C&C FORD SALES. INC. 1100 Easton Road Morahan, PA 19044 PHLUDELPMA COURTOFCOMK LAW AUGUSTTEW.. No. 4836 JURY COMPLAINT- CIVII, ACTION 'NOTICE 'fw Mrr b¦g Y1 wt NOWCirkfW m VO a.a.r..¦fAr ?a1lrW 1yiwwMMEMrwaF hr amww d" b*%'arla MeeaA p+ Molw¦¦?NAY¦M q?i ?.wlM.p¦A p.lq terwnlafrt u?uar?ra¦61?rq A?a+ deaa?t? r+?r MAa dWA¦ Me¦o?¦r? woo plxa. twen lolA¦.An>M?o¦V.reCrN¦rf.A*Ar1 gpyalaAp W7ftWRWWO IAMERNO1Cl. IM oojWMYEAL4W"RCR tAMar wonre:moarrllEOmcestrafnloelowmraoaraer?a W4LIa9AMWAAASOCI M uwraaee"warna"momm ombs"Cow jmgm Ml- w c M1' Fl,eaA..lv..d?+? nlm Tmr.¦un)mlmr • tt0'30Hd SEP.20 2002 07:39 FR V16Y??? LEGAL eo:cT Z00z ee J:JU 313 619 3060 TO (163961771 P.04 SALTZ, MONGELUZZI SARRETT & BENDESKY, P.C. 11Y: ROBERT A MONGELUZZVROBERT N. BRAKER IDENTIFICATION NO.: 36283182583 ATTORNEYS FOR PLAINTIFF W FLOOR 1860 MARKET STREET PHILADELPHIA. PA 10103 (216) 488-8282 LORETTA FE RSTER 1715 Flimlock Court Middletowe, PA 17057 V. TRW SAFETY SYSTEMSAWSA, INC- 4505 West 26 Mile Road WashiVoq, MI 48094 and VISTEON AUTOMOTIVE INC. 5500 Auto Club Drive Dearborn, MI 48126 and CRC FORD SALES, INC. 1100 Easton Road Horsham, PA 19044 M PLAM-C[VELACTION AVGUSTTF",,12002 No. 4836 JURY TRIAL D ED Plainti$ Loretta Fenster, claims of defendants, TkW SAFETY SYSIEMS/h4ESA, INC., VISTEON AUTOMOTIVE INC, and C&C FORD SALES, INC_, jointly and severally, separate sums in ezteas of Fifty Thousand Dollars (S50,000.00) in rimoga, upon tunes of action, whereof the following are true statemw8s: I 1. Plaintiff, Loretta Forster, is an adult indMduai and citizen of the Commonwealth of Pemisylvatda, residing at 1715 Flintlock Court, Middletown, PA I 17057. I 2 I • SEP `2?0 2002 LV:LL LYJUV w ?.... a_63961771 P.05 87:39 FR VtSTE.,.1 LEGAL 313 619 3060 TO 2. Detbodaat, TRW SAFETY SYSTEMSIAd6SA, INC. (hereinafter refaced to as "TRW ), is a corporation, organized and existing under amd by virtue of the laws the State of Delaware, and which. at all times mentioned and rnatexial hereto, has engaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a i regular, systematic, continuous and substantial basis, with its principal place of business located at 4505 West 26 We Road, Washington, Mchigan 48094 and at all times relevant hereto was engaged in the design, manufacture, prodetctioa, distribution, sale and assembly ofmotor vehicles, including the 2000 Ford Mustang. 3. Defendant, VISTEON AUTOMOTIVE INC., (homer referred to as "Visteon'7 is a corporation, organized and existing under and by viatue of the laws of the state of Delaware, and which, at all times mentioned and material hereto, has ealgaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, systematiq continuous and substantial basis, with its principal place of business located at 5500 Auto Club Drive, Dearborn, Michigan 48126 and at all times relevant hereto was engaged in the design, manufacture, production, distribution' sale and assembly of motor vehicles, including the 2000 Ford Mustang. i 4. Defendant, C&C FORD SALES, INC. (hereindar refette l to as "CW) is a corporation, organized and existing ender and by virtue: of the laws of she State of Pennsylvania, cad which, at all times mentioned and material hereto, has engaged in business within the County of Philadelphia, Commonwealth of Pennsylvania, on a regular, s systematic, continuous and substantial basis, with its principal place of business located at 1100 Easton Road, Horsham, Pennsylvania 19044• i 3 V -- _- 90'3Wd `` S& .20 2002 07:39 FR V1STl...1 LEGAL ti7:L4 cmr_ co IJU 313 619 3060 1'0 £1 `p 63961771 IP.06 5. On August 25, 2000, at or about 4:27 p.m., Courteous Rental Inc., Market Street, Lemoyne, Pennsylvania 17043 and Ashley E. Bachert, 100 Reed Dove, Marysville, Pennsylvania 17053 owned, managed, maintained, possessed and/or controlled a certain motor vehicle, namely, a 2000 Ford Mwtang hearing Pennsylvaria license plate number CBS 9756, which motor vehicle was traveling in a sca therly direction on Route 11 in East Pennsboro Township, Cumberland Couxty, Pennayhra & 6. At the time and place aforesaid, plaintiff, Loretta Forster, was a lawfully and properly situated front-seated passenger in the 2000 Ford Mustang, as aforesaid. 7. At the time and place aforesaid, COURTEOUS RENTALS, INC. AND ASHLEY E. BACMRT, so carelessly and negligently operated the 2000 Ford Mustang, as aforesaid. by failing to properly and adequately maintain control and safe operation of her said motor vehicle and by tailing to have said motor vehicle under such control so as to have been able to bring said vehicle to a stop prior to striking a vehicle travelling in a southerly direction on Route 11, which vehicle was being operated by Raymond B. Petit, 21 Centre Terrace, Rochester, New York 14617. 11. At the time of the aforesaid collision, the passenger-side airbag of the 2000 Ford Mustang exploded in such a manner that it caused plaintiff to sustain those serious and permanent personal injuries more specifically set tbrth hereinafter- 9. Defendants, TRW, VISTEON and CK along. with. FORD MOTOR COMPANY, INC., American Road, Dearborn, Michigan 411 121 and SUTLiFF CAPITAL FORD, INC., 100 Paxton Street, Harrisburg, Pennsylvania 17014, designed, manufactured, assembled, built, installed, marketed and sold the aforesaid 2000 Ford 4 G0'39dd j SEP. 20 2002 07:39 FR VIST61 r1 LEGAL f 1:ET Loud Q9 'ju 313 619 3060 TO 51 `163961771 1P.07 Mustang including the dangerous and defectivo passengertdda airbag which injured plaintiff. which injuries are mom specifically set lbrth hereinafter. COUNT I- p1tODUCf UABIUTX UpgETT A IrERSTER r TRW VIS LEON and &C 10. Piaintiff incorporates herein by reference paragraphs 1 through 9 of this complaint the same as if fully set forth hereinafter. 11. Dell adepts, TRW. VISTWN and C&C, by and through their separate and respective ageats, servams, workers and representatives, lmwhed their duties and obfigations owed to plaintiff pursuant to common law and §402A of the Rests emynt of the taw of Torts (Second) and are liable to plaintiff for causing injury for the following reasons: (a) Selling the 2000 Ford Mustang in a defective condition; (b) Sdfrng a product, the 2000 Ford Mustang. which was unreasonably dangerous; (c) Selling a product, the 2000 Ford Mustang, which was not safe for its intended use; (d) FdAng to have adequate warnings on the 2000 Ford Mustang; (e) providing a motor vehicle with an unreasonably defective passenger-side airbag. (f) ' Providing a vehicle which had a dangerous and defective airbag which would and did cause serious and catastrophic irWes to plaintifty f ? 5 , t30'3`?id S'EP.20 2002 07;40 FR VIST?Ji LEGAL bb:£T Z00Z Z0 130 313 619 3060 T0- )6163961771 P.06 (g) Providing a vehicle with it dangerous and defective airbag which improperly inflater, (h) . Selling a product, the 2000 Ford Mustang, with a defective airbag; (, Selling a product, the 2000 Ford Mustang, which had a dangerous airbag which would likely cause injuries to individuals coming in contact with the same, Selling a product, the 2000 Ford Mustang, with a dangerous and defxtlve aabag which contained air that was too dangerously hot; (k) Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag, which was made of a material which likely cause actions and catastrophic injuries to all persons coming in contact with the acme; (1) Fading to wun users ofthe dangerous and defective airbag; (m) Selling a product which lacked aU necessary safety features to protect users of sald product; (n) Failing to have proper warnings and instructions concerning the use of the vehicle and its airbags; (o) SeMag a product which was lacking one or more elements necessary to make it salt for Its intended use, (p) Mamtfactuft designing and distributing a product which was defective and which would likely cause Wury to its users; (q) Fst7'mg to equip the 2000 Ford Mustang with the necessary sataty devices, .. 1 6 hh:£S ZtOZ ZB 130 60.3SUd 1 - SEP Z0 2002 07:40 FR VISTL-A LEGAL 313 619 3060 TO !163961771 P•09 (r) Violating applicable OSHA and ANSI standards; (s) Falling to adequately and properly test aid vehicle; (t) Assembling a product which defendants !mew or should have u known would cause injury to the user, (u) Delivering a product which was deklive and would likely cause injury to the user, (v) Using component parts which created a risk of harm to the user of the product; (w) Supplying a product which required component parts to decrease the risk of harm to the user, (x) Failing to properly service this product; (y) Assembling a product which defendants knew or should have known would cause injury to the user because ofthe dangerous and defective airbag; and (2) Other acts of product liability which will be discovered during the course of discovery of ddo matter. 12• As a resent of the breach of defendanCs duties under 1402(A) of the ResterakteA of the UW of Torts fSecxwdl and common law, plaiedC Loretta Faster, sustained serious and disabling permanent persotW injuries: she sustained a severe fracture of her tight wrist complicated by nonunion; she sustained a traumatic laceration of bar right wrist; she sustained a traumatic laceration of her ukter nerve with neuroma; she sustained traumatic carpal tunnel syndrome; she sustained traumatic arthritis of the distal radioulner joint; she was required to undergo an open reduction and open fixation of the 7 SEP 20 2002 07:40 FR VlSfadN LEGAL yD:£i ZOOZ Z0 DO 313 619 3060 TO^ )163961771 P.10 maluxlion radius with gig crest hone grafting, left median nerve, decompression and neurolysis, neurolysis of the ulnar nerve with stabilization neumma, flexor tenosynovectomy flexor tendons sod all tendons resedioned capadodesis of the distal ulna major surgical procedure; she has sutred from severe pain in her right arm, hand and 6ngen; she has suffered from severe weakness in her right hand, arm and forgers; she has suffered from severe diffiadty utrlithtg her tight band, arm, fingers and wrist, she has lost the range of motion of ber right hand, arm, fingers and wrist, she underwent an application of extemal fixation device of the, nukes, closed reduction of fracture without internal fixation of the radius and uhia, suture of the skin and subcutaneous tissue, deliddement of the open 6acium of the radius and Wu and application of wound dressing major surgical procedure; sbe suffers from nuanbncss of her right um, hand, wrist and fingers she has been required to wear a splint she has lost the strcugth of her Slip; she has lost the strength in her hand; she sustained injury to her cervical spine; she has suffered from On in her right shoulder; she lost a significant amount of blood.; she will likely require future cosmetic surgery; she has suffered from unsightly scarring; she has suffered ftom tremendous embarrassment; she sustained further orthopedic, neurological, internal, psychological and psychiatric ionic; the full extent of which has yet to be deturninod; she sustained severe shock to her nerves and nervous system; she has in the past required and will in the future conthme to require medicines, medical we end treatment; she has in the past suffered and will in the future continue to suffer agonizing aches, pains, suffering and mental anguish; she has in the past and will in the future continue to be disabled from perfomdng her usual duties, occupations and avocations, all to her Beat loss and detriment; she has suffered from a loss of lifts pleasures. P a SM3 Oar cn 1.lU TT'30kld _ 1 SEP .20 2002 07:40 FR U151, 1rt LEGAL 313 619 3060 To )163961771 P.11 13. Plaintiff has sustained and [Hakes claim for pain and stl@'erittg, loss physicsl function, permanent physical, rnental and psychological injuries, humr7u110n and embarrassment. loss of life's pleasures, loss of earnings and carving capacity and any &a all of the damages to which she is entitled or may be entitled under the law of the Commonwealth of Pennsylvania. WHER2?FORE, plaintiff, Loretta Forster, dams of de&ndanta, TRW, VISTEON and C&C, jointly and severally, separate sums in access of Fifty Thousand Dollars (s50,000.00) in damages, and brings thit action to recover the some. COUNT II- NEGLIGENCE LORETTA FlcR6TER T,- 14. Plaintiff incorporates herein by reference paragraphs 1 through 13 of this Complaint the same as if fully set forth hereinafter. 15. Defendants, TRW, VISTEON and C&C, by and through their separate and respective agents, servants, workers and representatives, breached their ditties and obligations owed to plaintiff due to their negligence, and are liable to plaintiff for causing injury for the fbllowiamg reasons: (a) Selling the 2000 Ford Mustang in a delbctive condition; (b) Selling a product, the 2000 Ford Mustang, which was unreasonably dangerous; (e) ..Selling a product, the 2000 Ford Mutteng, which was not safe for its intended use; (d) Failing to have adequate warnings on the 2000 Ford Mustang; gl<P.Zn 2082 07:40 FR V15T. )t LEGAL SV_:£_i ZWC: M Iju 313 619 3060 TO 163961771 IP•12 (e) Providing a motor vehicle with an unreasonably dt passenger-side airbag; (f) providing a vehicle which had a dangerous and defective which would and did cause setiom and Catastrophic injuries pla(g) "vift a vehicle with a dangerous and defective airbag which improperly inflates; (h) gelling a product, the 2000 Ford Mustang. with a defbdive airbag; (i) Selling a product, the 2000 Ford Mustang, which had a dangerous "M which would likely cause injuries to individuals coming in contact with the same, Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag which comained air that was too dangerously hot; (k) Selling a product, the 2000 Ford Mustang, with a dangerous and defective airbag, which was made of a material which likdy cause serious and catastrophic injuries to all persons Coming is contact with the same; (1) Failing to warn users of the dangerous and defective airbag: (m) Selling a product which lacked all necessary safety features to protect users of said product; (n) FrAing to have proper warnings and instructions concerning the use of the vehicle and its airbags; 10 him SEP 20 2002 07:40 FR V16I LEGAL SVIET ZOOZ 20 100 313 619 306el TO`., X163961771 iP.13 (o) selling a product which was lackblg one or more elements) necessary to make it sole for its intended use; (p) Manufacturing, designing and distributing a product which was ddbcdve and which would likely cause injury to its users; (c) Failing to equip the 2000 Ford Mustang with the necessary safety devices; (r) violating appFcable OSHA and ANSI standards; (s) Failing to adequately sad properly test said vebido; (t) Assembling a product which defendants knew or should have known would cause injury to the user; (u) Delivering s product which was defective and would likely cause injury to the user, (v) Using component parts which created a risk of harm to the user of the product; (w) Supplying a product which required component parts to decrease the risk of harm to the user, (x) Falling to propedy service this product; (y) Assembling a product which defendants knew or should have known would cause injury to the user because of the dangerous and defective airbag; and (z) Other acts of negligence which will be discovered during the course of discovery of this matter. 11 96:21 zow Z0 100 $EP•20 2002 07:40 FR VIVIAN LEGAL 313 619 3060 TO /6163961771 P.14 16. As a result of the breach of Defendardse duties. as aforesaid, pla'"A Loretta Fewer, sustained serious and disabling permanent personal injuries: she sustained a severe facture of her. right wrist complicated by nonuntaR; she austatned a traumatic laceration of her right wrier, she sustained a traumatic laceration of her ulnar nerve with neuroma; she sustained traumatic oared tuned syndrome; she: sustained traumatic arthritis of the distal radioulnsr jgint; she was required to undergo ism open reduction and open fixation of the malunion radius with iliac crest bone grafilu& left median nerve decompression and netuolysK ntsnotysis of the uinar nerve: with stawization neuroma, flexor tenosynovectomy flexor tendons and all tendons reseetioned eapadodes4 of the distal ulna major surgical procedure; she has suffered from sevao pain in her right nrm, land and fingers; she has suffered from severe weakness in by right hand, arm and fingers; she has suffered from severe difficulty utilizing her right hand, arm, fingers and wrist; she has lost the range of motion of her right hand, arm, fingers and wrist; site underwent an application of external fixation device of the raetiu.% closed reduction of I fracture without internal fixation of the radius and ulna, suture of the sldn and ! subcutaneous tissue, debridement of the open fracture of the radius and ulna and application of wound dressing major surgical procedure; she suffers from numbness of her right arm, hand, wrist and fingers; she has been required to wear a apfing she has lost the strength of her grip; the bas lost the strength in her band; she sustained injury to her cervical spine; she has suffered from pain in her right shoulder, she lost a significant amount of blood; she will fikdy requim future cosmetic surgery, she has suffered from unsightly scarring; she has suffered from tremendous embarrassment, she sustained krther orthopedic, neurological, internal, psychological and psychiatric injuries, the full extent of `I 12 1 917:ET zest Gtl 'Ju S1 39Ud - $ER 20 2002 07:40 FR V(y.J0N LEGAL 313 619 3060 TG ,16163961771 • z'. which has yet to be determined; she sustained severe shock to her nerves and n system; she has in the past required and will in the future continue to require medicines,' medical care and treatment; she has in the past suffered and will in the tirture continue to suffer agonizing aches, pains, suffering and mental anguish; she has in the pan and wilt In the future continue to be disabled from performing hcr usual duties, occupations and avocations, all to her great loss and detriumt; she has suffered from a loss of life's pleasures. 17. Plaintiff has sustained and maker claim fbr pain and m0eft lose of P.15 physical functi permanent physical, mental and psychological injuries, humiliation and` eznbarrassmvxt, loss of Mb's pleasures. Ion of earnings and earning capacity and any and all of the damages to which she is entitle or may be entitled vnder the law of the Commonwealth of penosylvama. WHmtuORB, plaintiff, Loretta Ferster, claims of defendants, TRW, VISTEON and C&C, jointly and severally, separate sums In excess of Fifty Thousand Dollars (350,000.00) in damages, and brings this action to mover the same. SALTZ, MONGELUZZI, BARRETT & BBNDESKY, P.C. Q 13Y. ROBERT I. MONGELUZZI ROBERT N. BF-AM Attorneys for Plaintiff; Loretta Ferster 13 97:£i ZWC w iJU 313 619 3060 T4 )16163961771 P.16 VERIFICATION The averments or denials offect contained in the foregoing are true based upon the i signer's personal lmewledge or information and belief. If the foregoing contains!, averments which are inconsistent in fact, signer has been unable, after reasonable i investigation, to ascertain which of the ineonsistem averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 19 Pa. C.S. §4904, relating to unworn falsification to authorities. L TTAF SM i 9T *306d 20 2002 07:41 FR V I i . ION LEGAL ]4 ** TOTAL 16 ** EXHIBIT B Er"", VW me MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: JEFFREY C. SOTLAND, ESQUIRE Identification No.: 68958 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 0980.0449 LORETTA FERSTER VS. TRW SAFETY SYSTEMS/MESA, INC., VISTEON AUTOMOTIVE, INC., and C&C FORD SALES, INC. Attorney for Def dai C&C Ford Sal et, Inc. 10 FU A COURT OF COMMON PLEAS Philadelphia County JULY TERM, 2002 No. 004836 ANSWER OF DEFENDANT, C&C FORD SALES, INC., TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLAIM I. Denied. Answering Defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the Plaintiffs Complaint and strictproofthereof is demanded at the time of trial, if material. 2. Denied. Answering Defendant is advised by counsel and therefore avers that the allegations contained in the corresponding paragraphs of Plaintiff s Complaint are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at the time of trial, if material. To the extent, however, that a responsive pleading is required, answering Defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the Plaintiff's Complaint and strict proof thereof is demanded at the time of trial, if material. 3. Denied. Answering Defendant is advised by counsel and therefore avers that the allegations contained in the corresponding paragraphs of Plaintiff's Complaint are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at the time of trial, if material. To the extent, however, that a responsive pleading is required, answering Defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the Plaintiff's Complaint and strict proof thereof is demanded at the time of trial, if material. 4. Denied as stated. It is admitted only that C&C Ford Sales, Inc. is a car dealership doing business at 1100 Easton Road, Horsham, Pennsylvania 19044. The remaining allegations are denied as conclusions of law to which no response is deemed necessary. 5. Denied. Answering Defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph ofthe Plaintiff s Complaint and strict proof thereof is demanded at the time of trial, if material. 6. Denied. Answering Defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the Plaintiff's Complaint and strict proof thereof is demanded at the time of trial, if material. 7. Denied. Answering Defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of the Plaintiff s Complaint and strict proof thereofis demanded at the time of trial, if material. 8. Denied. Answering Defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph ofthe Plaintiff s Complaint and strict proofthereofis demanded at thetime of trial, if material. 9. Denied as stated. It is admitted only that C&C Ford Sales, Inc. received the vehicle from Ford Motor Company, Inc. and then sold it to Sutliff Capital Ford, Inc. as a dealer transaction without any alteration on the vehicle. COUNT I - PRODUCT LIABILITY 10. Answering Defendant incorporates herein paragraphs 1 through 9 of its Answer to the Plaintiff's Complaint as though the same were set forth herein at length. 11. Denied. Answering Defendant is advised by counsel and therefore avers that the ,- 11 allegations contained in the corresponding paragraphs of Plaintiffs Complaint are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at the time of trial, if material. 12. Denied. Answering Defendant is advised by counsel and therefore avers that the allegations contained in the corresponding paragraphs of Plaintiff s Complaint are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at the time of trial, if material. 13. Denied. Answering Defendant is advised by counsel and therefore avers that the allegations contained in the corresponding paragraphs of Plaintiffs Complaint are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at the time of trial, if material. WHEREFORE, Answering Defendant respectfully requests this Honorable Court to find in its favor and against all other parties. COUNT II - NEGLIGENCE 14. Answering Defendant incorporates herein paragraphs 1 through 13 of its Answer to } the Plaintiff's Complaint as though the same were set forth herein at length. 15. Denied. Answering Defendant is advised by counsel and therefore avers that the allegations contained in the corresponding paragraphs of Plaintiff's Complaint are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof L' thereof is demanded at the time of trial, if material. To the extent, however, that a responsive pleading is required, answering Defendant denies that it was careless, reckless and/or negligent at any time material or relevant to the instant cause of action and strict proof thereof is demanded at trial, if material. Answering Defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the remaining allegations contained in the correspondingparagraph ofthe Plaintiff s Complaint and strict proof thereof is demanded at the time of trial, if material. 16. Denied. Answering Defendant is advised by counsel and therefore avers that the allegations contained in the corresponding paragraphs of Plaintiffs Complaint are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at the time of trial, if material. To the extent, however, that a responsive pleading is required, answering Defendant denies that it was careless, reckless and/or negligent at any time material or relevant to the instant cause of action and strict proof thereof is demanded at trial, if material. Answering Defendant, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the remaining allegations contained in the corresponding paragraph ofthe Plaintiff's Complaint and strict proofthereof is demanded at the time of trial, if material. 17. Denied. Answering Defendant is advised by counsel and therefore avers that the allegations contained in the corresponding paragraphs of Plaintiffs Complaint are automatically deemed denied as conclusions of law to which no responsive pleading is required. Stri ct proof thereof is demanded at the time of trial, if material. .., I ?,: WHEREFORE, Answering Defendant respectfully requests this Honorable Court to find in its favor and against all other parties. NEW MATTER I g. Plaintiffs Complaint fails to state a claim upon which relief may be granted. 19. Plaintiffs claim is barred by the applicable statute of limitations. 20. Plaintiffs action is barred and/or limited by the Pennsylvania Comparative Negligence Act. 21. Plaintiffs claim is barred and/or limited by the assumption of the risk. 22. If the action occurred as Plaintiff alleges, then the product was in the condition materially different from the condition within which it was sold when it left Answering Defendant's control. 23 If there was lack of a warning or inadequate warning as Plaintiff alleges, then said lack of warning or inadequate warning was not a legal cause of the accident. M 24. The damages sustained by the Plaintiff was proximately caused by individuals other than Answering Defendant to which answering defendant has no control. 25. If this incident occurred as alleged by Plaintiff, which is denied by Answenng Defendant, then the said product was being misused and/or abused by the Plaintiff, which caused their alleged injuries. 26. If this incident occurred as alleged by the Plaintiff which is denied by Answering Defendant, then this incident occurred by something other than an alleged defect in the product. 27. Answering Defendant challenges the imposition of delay damages on Constitutional and/or such other grounds as may exist. 28. Answering Defendant challenges the imposition of punitive damages on Constitutional and/or such other grounds as may exist. 29. Plaintiff has failed to mitigate her damages. 30. Plaintiff s claims are barred by the doctrines of waiver, laches, and estoppel. 31. Plaintiff s claims are barred by the doctrine of release. 32. Plaintiff s claims are barred and/or limited by the collateral source rule. 33. Plaintiff has failed to join an indispensable parity. M 34. Answering Defendant hereby incorporates all defenses required to be to plead as referenced in Rule 1030. NEW MATTER CROSSCLAIM PURSUANT TO 2252(d) JOINING, TRW SAFETY SYSTEMS/MESA, INC. and VIISTEON AUTOMOTIVE, INC., AS ADDITIONAL DEFENDANTS 35. Pursuant to the provisions of PA R.C.P. 2252(4) Defendant, C&C Ford Sales, Inc., asserts that Co-Defendants, TRW SAFETY SYSTEMS/MESA, INC. and VISTEON AUTOMOTIVE, INC., is/are alone liable or jointly and severally liable or are liable over to Defendant, C&C Ford Sales, Inc., on the cause of action declared upon in the Complaint by Plaintiff, LORETTA FERSTER, and therefore, Co-defendants, TRW SAFETY SYSTEMS/MESA, INC. and VISTEON AUTOMOTIVE, INC., is/are hereby severed and joined as Additional Defendants to this action. WHEREFORE, Defendant, C&C Ford Sales, Inc., respectfully requests that this Honorable Court find in favor of Defendant and against all other parties. MINTZER, MEYERS BY: JEFFREY C. Attorney for ] C&C Ford SE ZERIS, LEDVA & ESQUIRE E?fll VERIFICATIOI`1 The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are e, after reasonable investigation, to ascertain which of the act, signer has been unabl inconsistent in f inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 PA C.S.A. §4904 relating to unswom falsification to authorities. Dated:d U°2 C. SOTLAND, EsQuml?, KLETT ROONEY LIEBER & SCHORLING P.C. By: David Ira Rosenbaum, Esquire Identification No. 52859 By: Catherine A. Hewett, Esquire Identification No. 82178 Two Logan Square 12' Floor 18' and Arch Streets Philodelphia, PA 19103 (215) 567-7500 Attorneys for Plaintiff Visteon Corporation VISTEON CORPORATION 4505 West 26 Mile Road Washington, MI 48094 Plaintiff V. ASHLEY E. BACHERT 100 Reed Drive Marysville, PA 17053 Defendant and COMTEOUS RENTAL, INC. 50 Market Street Lemoyne, PA 17043 Defendant Court of Common Pleas Cumberland County Term No. Jury Trial of 12 Demanded COMPLAINT OF VISTEON CORPORATION AGAINST DEFENDANTS ASHLEY E BACHERT AND COURTEOUS RENTAL. INC. Plaintiff Visteon Corporation ("Visteon'), hereby files this complaint against Defendants Ashley E. Bachert and Courteous Rental, Inc. and in support thereof avers as follows: 1. - PARTIES Upon information and belief, Defendant Ashley Ii. Bachert is an individual RRLSPF0:181S70.1 residing at 100 Reed Drive, Maryville, Pennsylvania 17053. Upon information and belief, Defendant Courteous Rental, Inc. is a Pennsylvania corporation with a principal place of business at 50 Market Street, Lemoyne, Pennsylvania 17043. II. PROCEDURAL ANA FACTUAL BACKGROUND 3. Loretta Ferster commenced an action for injuries and damages sustained in a August 25, 2000 incident that occurred when a 2000 Ford Mustang operated by Defendant Ashley E. Bachert collided with the rear end of a 1992 Chevrolet Astro Van. 50 Plaintiff Loretta Ferster's Complaint in Fenster v Visteon Automotive Corporation, August Tenn 2002, No. 004836 (C.P. Phila. Co. 2002) ("Fenster Ir 1, attached as Exhibit A; Commonwealth of Pennsylvania Police Accident Report, Incident No. 2000-08-0415, attached as Exhibit B. 4. Visteon denied the averments asserted against it by Loretta Ferster by filing an Answer, New Matter, New Matter Cross Claim and Jury Demand, which is incorporated herein by reference as if fully set forth herein at length. Exhibit C. 5. Loretta Ferster initially filed a separate suit against only Defendant Ford Motor Company, Inc., Sutcliff Capital Ford, Inc., Courteous Rental, Inc. and Ashley Bachert in jEerst v Fold Motor Comnpany Inc.. October Term 2001, No. 3474 (C.P. Phila.) ("Forster P). See Ferster I Complaint attached as Exhibit D. 6. Visteon incorporates the averments set forth in paragraphs 20-21 of the Ferster I Complaint against Courteous Rental, Inc. and Ashley Bachert as if fully set forth herein at length. Exhibit D. 7. Visteon hereby files this Complaint against Defendants Ashley E. Bachert and KRLSPFa: 184570.1 Courteous Rental, Inc. in this action because, upon information and belief, they operated and/or entrusted the Ford Mustang vehicle involved in the August 25, 2000 incident that is the subject of plaintiffs, Complaints, which caused the injuries and damages alleged by Loretta. Ferster. COUNTI CONTRIBUTION Visteon Corporation v. Ashley E. Bachert 8. Visteon incorporates by reference the averments contained in paragraphs 1 to 7 abovo, as if fully set forth herein at length. 9. Visteon denies that it is liable to Loretta Ferster in any sum whatsoever. If, however, Loretta Ferster's claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in Loretta Forester's complaints, upon information and belief, the acts, negligence, carelessness, recklessness, or other culpable conduct of Defendant Ashley E. Bachert make her liable over to Plaintiff Visteon by way of contribution (including counsel fees and costs). WHEREFORE, Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Defendant Ashley E. Bachert for any and all sums that may be awarded in favor of Loretta Ferster and such other relief as the Court deems appropriate. COUNT II INDEMNITY Visteon Corporation v Ashes E. Bachert 10. Visteon incorporates by reference the averments contained in paragraphs I to 9 abovd, as if fully set forth herein at length. 11. Visteon denies that it is liable to Loretta Ferster for any sum whatsoever. If, however, Loretta Ferster's claims are proven, and there is found to be legal responsibility for all KRLSP14:184570.1 or any of the damages alleged in the Loretta Ferster's Complaints, upon information and belief, the acts, omissions, negligence, carelessness, recklessness, or other culpable conduct of Defendant Ashley E. Bachert in connection with the ownership, operation and entrustment of the Ford Mustang automobile involved in the incident described in Loretta Ferster's Complaints would make her it liable over to Visteon by way of indemnification (including counsel fees and costs). WHEREFORE, Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Defendant Ashley E. Bachert for any and all sums that may be awarded in favor of plaintiff Loretta Ferster and such other relief as the Court deems appropriate. COUNT III CONTRIBUTION Visteon Corooration v Courteous Rent Inc 12. Visteon incorporates by reference the averments contained in paragraphs 1 to I 1 above, as if fully set forth herein at length. 13. Visteon denies that it is liable to Loretta Ferster in any sum whatsoever. If, however, Loretta Ferster's claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in Loretta Ferster's Complaints, upon information and belief, the acts, negligence, carelessness, recklessness, or other culpable conduct of Defendant Courteous Rental, Inc. make Defendant Courteous Rental, Inc, liable over to Plaintiff Visteon by way of contribution (including counsel fees and costs). WHEREFORE, Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Defendant Courteous Rental, hic. for any and all sums that may be awarded in favor of Loretta Ferster and such other relief as the Court deems appropriate. KRUPE4:184570.1 COUNT IV INDEMNITY Visteon Corporation v. Courteous Rental Inc. 14. Visteon incorporates by reference the averments contained in paragraphs I to 13 above, as if fully set forth herein at length. 15. Visteon denies that it is liable to Loretta Forster for any sum whatsoever. If, however. Loretta Ferster's claims are proven, and there is found to be legal responsibility for all or any of the damages alleged in the Loretta Ferster's Complaints, upon information and belief, the acts, omissions, negligence, carelessness, recklessness, or other culpable conduct of Defendant Courteous Rental, Inc. in connection with the ownership, operation and entrustment of the Ford Mustang automobile involved in the incident described ur Loretta Fersters' Complaints would make it liable over to Visteon by way of indemnification (including counsel fees and costs) WHEREFORE, Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Defendant Courteous Rental for any and all sums that may be awarded in favor of Loretta Forster and such other relief as the Court deems appropri ate. COUNT V NEGLIGENT ENTRUSTMENT Visteon Co3p0 rati0 n V Courteous Rental, Inc. 16. Visteon incorporates by reference the averments contained in paragraphs 1 to 15 above as if fully set forth herein at length. 17. Upon information and belief, Defendant Courteous Rental, Inc. entrusted the Ford Mustang that was involved in the incident described in Loretta Ferster's Complaints to Defendant Ashley E. Bachert. XRISPa1:184370.1 18. Visteon believes and avers that Defendant Ashley E. Bachert was not, upon information and belief, qualified or otherwise suitable to operate the automobile allegedly involved in the incident described in Loretta Ferster's Complaints. 19. A reasonably prudent person or entity in the position of Defendant Courteous Rentals, Inc. would not have entrusted the Ford Mustang automobile allegedly involved in the incident described in Loretta. Ferster's Complaints to Defendant Ashley E. Bachert. 20. Upon information and belief, the injuries and damages alleged by Loretta Fester were caused, in whole or in part, by Defendant Courteous Rental, Inc.'s negligent entrustment of the Ford Mustang to Defendant Ashley E. Bachert. WHEREFORE, Plaintiff Visteon Corporation demands that judgment be entered in its favor and against Defendant Courteous Rental, Inc. for any and all sums that may be awarded in favor of Loretta Ferster and such other relief as the Court deems appropriate. KLETT ROONEY LIEBER & SCHORLING Da ' lra Rosenbaum - ?? Catherine A. Hewett Two Logan Square, 12th Floor Philadelphia, PA 19103 (P) (215) 567-7500 Attorneys for Plaintiff Visteon Corporation Dated: December 30, 2002 Kausrrd:?aas?u.i V CATION I, Catherine A. Hewett, state that I am counsel for Visteon Corporation that I have read the attached Complaint, and on behalf of V isteon, I hereby verify that the factual statements contained therein are true and correct to the best of my knowledge, information and belief. I understand that this statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. Catherine A. Hewett Dated: December 30, 2002 RBIspWA S4s10.1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: EDWARD J. TUUTE, ESQUIRE IDENTIFICATIoN No.: 34631 1845 WALNUT STREET- 21ST FLOOR PHILADELPHIA, PA 19103 (215) 575-2685 _ M VISTEON CORPORATION V. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. COURT OF COMML)N FLU CUMBERLAND COUNTY CIVIL ACTION - LAW No. 2002-06188 PRAECIPE TO NOTE STAYOF PROCEEDUVGS TO THE PROTHONOTARY: In accordance with the Order of the Commonwealth Court of Pennsylvania, dated April 29, 2003, a copy of which is attached hereto, kindly note on the docket a stay of thirty (30) days from May 1, 2003, of all proceedings in this matter, which involves a party which Legion Insurance Company is obligated to defend. Respectfully submitted \01_21\LIAB\E)MLLPG\389932\V RC\23049\00114 ATTORNEY FOR: DEFENDANTS COURTEOUS RENTAL, INC. AND ASHLEYE. BACHERT MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By Edwazd ite, Esquire Attorney for Defendants, Courteous Rental, Inc. and Ashley E. Bachert C) c. c w C .v DC` rr: N _i .7 (D IR? AR, 3 v 200 IN THE COMMONWEALTH COURT OF PENNSYLVANIA M. Diane Koken, Insurance Commissioner, Commonwealth of Pennsylvania, Plaintiff V. No. 182 M.D. 2002 Vi lanova Insurance Company, Defendant Re: Petition for Liquidation of Villanove, Insurance Company (In Rehabilitation) AND NOW, this 29'° day of April, 2003, after reviewing the Rehabilitator's Motion to Extend Stay of Litigation, it is hereby ORDERED as follows: The stay set forth in Paragraph 5 of the September 25, 2002 Order is extended for thirty-one (31) days. Court actions, arbitrations and mediations, including but not limited to discovery, currently pending, or hereafter filed, against Villanova lnsurance Company (In Rehabilitation) or its insured in the Commonwealth of Pennsylvania or elsewhere, are stayed beginning May 1.2003 and ending May 31, 200J. ?+1?b6 p? MARY ANNH LEAVITT, Judge Ceffw from the fwwd APR 2 9 2003 iugvm E* MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: EDWARD J. TUITE, ESQUIRE IDENTIFICATION NO.: 34631 1845 WALNUT STREET- 21sT FLOOR PHILADELPHIA, PA 19103 (215) 575-2685 c6kjwPORAATIT,ION COURT U1' t-ulyhviuIN rLD COR • CUMBERLAND COUNTY V. ASHLEY E. BACHERT and CIVIL ACTION - LAW COURTEOUS RENTAL, INC. No. 2002-06188 CERTIFICATE OF SERVICE I hereby certify that I have served upon all persons listed below a true and correct copy of a Praecipe to Note Stay of Proceedings on behalf of Defendants, Courteous Rental, Inc. and Ashley E. Bachert, in the above captioned matter by first-class mail on May 6, 2003: Jonathan M. Field, Esquire Mintzer, Sarowitz, Zeris, Ledva & Meyers 1528 Walnut Street, 22nd Floor Philadelphia, PA 19102 Robert N. Braker, Esquire 1650 Market Street 34th Floor Philadelphia, PA 19103 J. David Byerly, Esquire Campbell, Campbell, Edwards & Conroy Three Glenhardie Corporate Center 1265 Drummers Lane - Suite 200 Wayne, PA 19087 Thomas M. Hinchey, Esquire Campbell Campbell Edwards & Conroy Three Glenhardie Corporate Center 1265 Drummers Lane - Suite 200 Wayne, PA 19187 \01 21 \LIAB\ExTILLPG\389998\V RC\23049\00114 ATTORNEYFOR: DEFENDANTS COURTEOUS RENTAL, INC. AND ASHLEYE. BACHERT Jonathan Dryer, Esquire The Curtis Center, Suite 1130 East Independence Square West Philadelphia, PA 19106 G. Edward Schweikert, IV, Esquire Boswell, Tinterner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 George H. Eager, Esquire Eager, Reinak:er & Spinello 1347 Fruitville Pike Lancaster, PA. 17601 David Ira Rosenbaum, Esquire Klett, Rooney, Liber & Schorling Two Logan Square, 12th Floor Philadelphia, PA 19103-2756 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By Edward ui , Esquire Attorney or Defendants, Courteous Rental, Inc. and Ashley E. Bachert \01 _21\UpB\MMP\LLP(i\433934\MMP\16621\00101 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire IDENTIFICATION NO.: 34631 BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STREET-21s` FLOOR Attorney for Defendants: Ashley E. Bachert and Courteous Rental, Inc. PHILADELPHIA, PA 19103 rs w:? ramrmrrm ? rr-rrr r rr ? mrm r ru ? r rrsra rerrmmrr r? r s •:r?r3 ? rrrrrrrswrmamr;rrrrmmwr • rrr=rrr'?rmre??r?rs? (215) 575-2685 VISTEON CORPORATION V. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-06188 JURY TRIAL, DEMANDED f° o CIVIL ACTION - LAW -a - Tyr -^ r PRAECIPE TO WITHDRAW NOTE OF STAY OF PROCEEDINGS c Defendants, Courteous Rental, Inc., and Ashley E. Bachert, hereby request that the stay trite ced in?is case concerning the liquidation of Legion Insurance Company, be lifted. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: ` Edward J. uite Attorney for Additional Defendants, Courteous Rental, Inc. and Ashley E. Bachert CERTIFICATE OF SERVICE for defendants Courteous Rental, Inc., and Ashley E. Bachert, I, Edward J, Toile, Esquire, attorney first class mail, postage hereby certify that on this date I served a copy of the Praecipe to Lift Note of Stay by pre-paid to: Larry Bendesky, Esquire Salt,, Mongeluzzi, Barrett & Bendesky 1650 Market Street 34th Floor philadelphia, PA 19103 J. David Byerly, Esquire Thomas Hinchey, Esquire Campbell, Campbell, Edwards & Conroy Three Glenhardie Corporate Center 1265 Drummers Lane - Suite 200 Wayne, PA 19087 Brigid Q. Alford, Esquire Boswell, Tintemer, piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 DATE: X Jl TO: PLAINTIFT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING Nin"N TWENTY (20) DAYS FROM S MFME HEREOF OR A DEFAULT RJDG WILL BE ENTERED AGAINST YOU. Edw?mte, Esqu, e Attorney For Ashley Bachert and Courteous Rental, ]nc. Attorney for Defendants: ?01_21U-Ip gVdMPU.LPG`A35503HEY 6W ARNE'R, MARSHALL, DENNE Ashley E. Bachert and Courteous Rental, Inc. COLEMAN & GOGGIN By: Edward J. Tuite, Esquire IDENTIFICATION No.: 34631 BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STET-21sT FLOOR PHILADELPHIA, (215) 575-2685.........................., ...................... OURT OF COMMON PLEAS VISTEON CORPORATION V. ASHLEY E.BACHERT and COURTEOUS RENTAL, INC. C CUMBERLAND COUNTY No. 2002-015188 JURY TRIAL DEMANDED CIVIL ACTION - LAW ZDANTS ASHLEY c. Dr,. _" - PLAINTIFF'S COMPLAINT WITH NE',W M? R I. Admitted. 2_ Admitted. of further 3, Neither admitted nor denied. Lorretta Ferster,aintiffslComPlaint const lute cBonclusions of ]aw to answer, the allegations contained within this paragraph of p which no responsive pleading is required. Furthermore, it is specifically denied that defendant Ashley Bachert was negligent, careless or reckless in the operation of the motor vehicle. q Neither admitted nor denied. Visteon s Answer speaks for itself. 5. Neither admitted nor denied. Loretta Ferster's Complaint speaks for itself. 20-21 of the "Fenster 6 Answering defendants incorporate by reference their answers to paragraphs I Complaint", as though fully incorporated herein by reference. 7. Neither admitted nor denied. Visteon's Complaint speaks for itself. g. Answering defendants incorporate by reference their answers to paragraphs 1-7 as though fully incorporated herein by reference. way of further answer, the allegations contained within this paragraph of plaintiffs 9. Denied. By Y in Complaint constitute conclusions of law to which no responsive pleadl; is required. Furthermore, it denied that defendant Ashley Bachert was negligent, carele=ss or reckless in the operation of the specifically motor vehicle. 10. Answering defendants incorporate by reference their answer, to paragraphs 1-9 as though fully incorporated herein by reference. way Of further answer, the allegations contained within this paragraph of plaintiffs 11. Denied. By Y Complaint constitute conclusions of law to which no responsive pleading srequired. ein the Furthermore, r t is the specifically denied that defendant Ashley Bachert was negligent, careless motor vehicle. 12 Answering defendants incorporate by reference their answers to paragraphs 1-9 as though fully incorporated herein by reference. of further answer, the allegations contained within this paragraph of plaintiff s 13. Denied. By way leading is required. Furthermore, it is Complaint constitute conclusions of law to which no responsive Nas negligent, careless or reckless. specifically denied that defendant Courteous Rental, Inc.,was their answers to paragraphs 1-13 as though fully defendants incorporate by 14. Answering incorporated herein by reference. wa of further answer, the allegations contained within this paragraph of plaintiffs 15. Denied. By way Complaint constitute conclusions of law to which no responsive pleading is required. Furthermore, it is Inc,, was negligent, careless or reckless. specifically denied that defendant Courteous Rental, 1-15 as though fully 16. Answering defendants incorporate by reference their answers toparagraphs incorporated herein by reference. 17. Admitted. 19. Denied. 19. Denied. 20. Denied. By way of further answer, the allegations contained within this paragraph of plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. NEW M TTER 21. plaintiff's claims are barred by the applicable statute of limitations. anted 22. Plaintiff's Complaint fails to state a claim or cause of action upon which relief may be granted against defendant. be granted 23. Plaintiff's Complaint fails to state a claim or cause of action upon which relief may against defendant. which are denied, were not caused by any acts 24. Loretta Ferster's injuries and damages, if any, and/or omissions of answering defendants, but were rather caused, if at all, by the acts and/or omissions of individuals and/or entities over whom answering defendants had no control not any duty to control. 25. Plaintiff s claims against answering defendants are barred and/or reduced and/or limited by the provisions of Pennsylvania Motor Vehicle Financial Responsibility 0 hat Loretta F erster exhaust any and all 26 plaintiff s claims are barred by the requirement t rior to payment of benefits by PIGA other sources of benefits p . other s claims are barred by the uninsured/underinsured automobile benefits and disability 27. plaintiffs available to Plaintiff under PIGA and for which PIGA is entitled to an o set pursuant to 40 P.S. §991.1817. WHEREFORE, answering defendants demand judgment in their favor and against Plaintiff, together with interest and costs, and whatever further relief the court deems appropriate. MARSHALL, DENNEHEY> WARNER, COLEMAN & GOGGIN BY: ? ?- Edward J. Tuite, Esquire Michele J. Mintz, Esquire Attorney for Defendants Courteous Rental, Inc. and Ashley Bachert VERIFICATION for Ashley Bachert and Courteous Rental, Inc., J• 7 WTE, ESQUIRE states that he is the attorney EDWARD • atshe is acquainted with the facts set forth in the foregoing ANSWER To COMPLAINT ??'ITH NEW MATTER; herein; information and belief; and that this statement is that the same are true and correct to the best of hisow1Yo unswom falsification to authorities. made subject to the penalties of 19 Pa. C.S. §4904, relating 3? ,? EDWAARDJ•TUIT-7 Date: I Michele J. Mintz, attorney for defendants, Ashley Bachert and Courteous Rental, Inc., certify that on March 24, 2004, I served the within Motion on: David Ira Rosenbaum, Esquire Klett, Rooney, Liber & Schorling Two Logan Square, 12th Floor Philadelphia, PA 19103-2756 Mr. Rosenbaum on the grounds that Mr. I received an objection to the filing of this Motion by Rosenbaum questions whether the stay of Legion Insurance has been lifted. Mich J Mintz, Esquire CERTIFICATE OF SERVICE Bachert and Courteous Rental, Inc., certify that on I, Michele J. Mintz, attorney for defendants, Ashley April 8, 2004, I served the within motion by first-class mail, postage pre-Paid on: David Ira Rosenbaum, F sgmre Klett, Rooney, Liber & Schorlmg Two Logan Square, 12th Floor Philadelphia, PA 19103-2756 Michele J. Mintz, Esquire fl -_ i I .% 1. 'I t ) -1 r? APR 19 2004 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire IDENTIFICATION NO.: 34631 BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STREET - 21ST FLOOR Attorney for Defendants: Ashley E. Bachertand Courteous Rental, Inc. PHILADELPHIA, PA 19103 (215) 575-2685 •...... a.... •:•:a•. a..... 0 ar• u?:r?awrarau as?aa? u:r-•a n srraa sacau araa? rraa aarrs? VISTEON CORPORATION v. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-06188 JURY TRIAL DEMANDED CIVIL ACTION - LAW ORDE AND NOW THIS DAY OF 2,004, upon consideration of defendants, _jg Ashley E. Bachert and Courteous Rental, Inc.'s Moti or Leave to Join Additional Defendants, Ford Motor Company, Inc., Sutliff Capital Ford, Inc., C&C Ford Sales, Inc., and TRW Safety Systems/Mesa, Inc., and all responses thereto, it is hereby ORDERED and DECREED that Leave is GRANTED. a6y) J. OOMIV 0£ :a Wd £a So ml Ai?llt JD MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire IDENTIFICATION NO.: 34631 BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STREET - 21ST FLOOR Attorney for Defendants: Ashley E. Bachert and Courteous Rental, Inc. PHILADELPHIA, PA 19103 (215) 575-2685 ... I....... 0...a ..•... 8... I... I...........Ja.a . a..J..'..•.....'...............J.,...... •'.........? VISTEON CORPORATION V. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-06188 JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE TO ISSUE WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Kindly issue a Writ to Join, Sutliff Capital Ford, Inc. at 1000 Paxton Street, Harrisburg, Pennsylvania, 17043, as an Additional Defendant in the above captioned matter. MARSHALL, DENNEIEIEY, WARNER, COLEMAN & GOGGIN By. Edward J. T ite'Esquire Michel' J. intz, Esquire Attorneys for Ashley Bachert and Courteous Rental, Inc. ry „Y N O ? ITF .S I < -L y r1 E5 0 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire IDENTIFICATION NO.: 34631 BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STREET - 21ST FLOOR Attorney for Defendants: Ashley E. Bachert and Courteous Rental, Inc. PHILADELPHIA, PA 19103 (215) 575-2685 u ? ? c• •ram u ? r?:• rr? a? rrsar? arr? ?.? ? ? ?.? ?.? ?.? ? a• •.? ? ? ? arcr?? nrr. •?r? ? p:r? cry ? ? ? rtr.??ra r??? arcr?a VISTEON CORPORATION V. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-06188 n JURY TRIAL DEMANDED CIVIL ACTION - LAW ?- r Q rn N Q mo , u "'Z5 CJ '" iTO THE PROTHONOTARY: Kindly issue a Writ to Join Ford Motor Company, Inc. at American Road, Dearborn, Michigan, 48121, as an Additional Defendant in the above captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Edward J. uit Esquire Michele J. mtz, Esquire Attorneys for Ashley Bachert and Courteous Rental, Inc. N a {=z cn O r c:? o ? `7J MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire IDENTIFICATION NO.: 34631 Attorney for Defendants: Ashley E. Bachert and Courteous Rental, Inc. BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STREET- 21ST FLOOR PHILADELPHIA, PA 19103 (215) 575-2685 ,...a•...s..*...... .a...•.a••.ru•?-c.. rra r......?.. r.....•r... n..rrrrrs.....ru .r. rsrraaa.. rr.. r? VISTEON CORPORATION V. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-06188 JURY TRIAL DEMANDED CIVIL ACTION - LAW TO THE PROTHONOTARY: G o Y rn ' f n? u L CJi <? v CD 4 J Kindly issue a Writ to Join TRW Safety Systems/MESA, Inc., at 4505 West 26 Mile Road, Washington, MI, 48094, as an Additional Defendant in the above captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIK By: Edward . , Esquire Michele J. Mintz, Esquire Attorneys for Ashley Bachert and Courteous Rental, Inc. N o ? t cn c n y- rj MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Edward J. Tuite, Esquire IDENTIFICATION NO.: 34631 BY: MICHELE J. MINTZ, ESQUIRE IDENTIFICATION NO.: 90640 1845 WALNUT STREET -21STFLOOR Attorney for Defendants: Ashley E. Bachert and Courteous Rental, Inc. PHILADELPHIA, PA 19103 (215) 575-2685 •.• ra rr• r• aaaa a raa a a a raa ray a ra asa rraa.a a, as arraay raa r• a'araa a n • aca ?r•araa• caarca ay ru as a • a,+rra ? VISTEON CORPORATION V. ASHLEY E. BACHERT and COURTEOUS RENTAL, INC. TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY C? No. 2002-06188 JURY TRIAL DEMANDED r' is CIVIL ACTION - LAW y r -` o sv L' J Kindly issue a Writ to Join C&C Ford Sales, Inc., 1100 Easton Road, Horsham, PA 19044, as an Additional Defendant in the above captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Edward J. T it , Esquire Michele J. mtz, Esquire Attorneys for Ashley Bachert and Courteous Rental, Inc. C'> a O tr °r ^n ? t... N n `I_. ?- ? y C7 - Z`C- C.7 ? _ iY ^?. a ".{? Cumberland County, ss : The Commonwealth of Pennsylvania to Ford Motor Company, Inc., TRW Safety (Nwne of Addiitional Defendant) Systems/MESA, Inc., C&C Ford Sales, Inc., and Sutliff Capital Ford, Inc. You are notified that Ashley Bachert and Courteour Rental, Inc. (Name (s) of Defendant (s) ) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date May 25, 2004 Curtis R. Long - ?^ Puot?xonohary Deput (SEAL) Ford. Motor Company, Inc. American Road Dearborn, Michigan 48121 TRW Safety Systems/MESA, Inc. 4505 West 25 Mile Road Washington, MI 48094 C&C Ford Sales, Inc. 1100 Easton Road Horsham, PA 19044 Sutliff Capital Fond, Inc. 1000 Paxton Street Harrisburg, PA 17043 a N b N 3 I n L N a ?.y C L n r,j m ror ar r C, 00 Lyl Q • It Z d CD :2? t'i z 88 a z z z H M. p 0 N n m rt ?H c N rt to C 10 H ? c x (rt O ? B ply ? ? N ° p ? M rr? rt ? ? I a n e R I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-06188 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VISTEON CORPORATION VS BACHERT ASHLEY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: C&C FORD SALES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within WRIT TO ADD'L DEFEN. On June 23rd , 2004 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 .00 70.00 06/23/2004 TALONE & ASSOC So answer R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me ra this G day of 44 A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-06188 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VISTEON CORPORATION VS BACHERT ASHLEY ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: SUTLIFF CAPITAL FORD INC but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On June 23rd , 2004 , this office was in receipt of the attached return from DAUPH Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 30.00 .00 55.00 06/23/2004 TALONE & ASSOC So answers- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ear day of a07-7cf A.D. Prothonotary '? SHERIFF'S RETURN PROTHONOTARY A- 2783 DEFENDANT: C&C Ford Sales, Inc. DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Janice Benson RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: June 10, 2004 @ 10:10 LOCATION: 1100 Easton Rd., Horsham, PA 74 4&M d0ftO"Oe 0" armed eae tk de#4d4Kt 4a ¢u 4jd*V0 ,t W &,4&d 44" Gc t,(e e"-vey. q w4aoo4rarfa, ea?auko .e4(G6 4 Pte, ,F#Aw« d "d 4&Amt&d 4#w nee aye t" day sa 4a mmu, June 11, 2004 Notary Public NOTARIAL SEAL Patricia A. Giambrone, Notary Public Norristown, Boro., Montgomery County My Commission Expires Dec. 13, 2004 /64 ;D. Va saa a Sheriff of Montgomery County Deputy Sheriff Walzak/Mason In The Court of Common Pleas of Cumberland County, Pennsylvania Visteon Corporation VS Ashley E. Bachert et al vs. Ford Motor Company et al SERVE: Sutliff Capital Ford Inc. N 02-6188 civil No. Now, June 7, 2004 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintifff.. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at _ by handing of a and made known to Sheriff of 20-, at o'clock M. served the copy of the original the contents thereof. So answers, Sworn and subscribed before me this _ day of 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA %IV tAff- e e ° ,riff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania VISTEON CORP County of Dauphin SUTLIFF CAPITAL FORD INC Sheriff's Return J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 5044-T - - -2004 OTHER COUNTY NO. 02-6188 AND NOW:June 11, 2004 at 9:OOAM served the within WRIT TO JOIN ADDITIONAL DEFENDANT upon SUTLIFF CAPITAL FORD INC by personally handing to GLENN MARTIN PRESIDENT 1 true attested co py(ies) of the original WRIT TO JOIN ADDITIONAL DEFENDANT and making known to him/her the contents thereof at 1000 PAXTON ST HBG, PA 00000-0000 Sworn and subscribed to before me this 16TH day of JUNE, 2004 11? V NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, Sheriff of Dauphin County, Pa. .y. w '1,) Deputy Sheriff Sheriff's Costs:$30.00 PD 06/11/2004 RCPT NO 195580 HOPKINS Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 1)o - 1 1 28 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573