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DWAYNE AND KIM WOMER
Plaintiff
v.
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:No. 00# 5tP67 CIVIL ACTION
CUMBERLAND VALLEY CAMPING
CENTER, INC.
Defendant
:JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you 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 of for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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DWAYNE AND KIM WOMER
Plaintiff
v.
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:No. 00-0- ..1-UJ CIVIL ACTION
CUMBERLAND VALLEY CAMPING
CENTER, INC.
Defendant
:JURY TRIAL DEMANDED
COMPLAINT
1. Dwayne L. Womer is an adult individual currently residing at 7055 Spring
Road, Shermans Dale, Perry County, Pennsylvania, 17090.
2. Kim M. Womer is an adult individual currently residing at 7055 Spring
Road, Shermans Dale, Perry County, Pennsylvania, 17090.
3. Cumberland Valley Camping Center, Inc. is a Pennsylvania Corporation
with its last known address as 7050 Carlisle Pike, Carlisle, Cumberland County
Pennsylvania, 17013.
4. The Plaintiffs are the owners of a 1996 Toyota 4Runner vehicle and were
the owner of said vehicle at all times relevant to this action.
5. In June, 1998, the Plaintiff's did appear at the business premises of the
Defendant which business is for the expressed purpose of selling recreational and
camping vehicles and equipment.
6. The Plaintiff's, at that time, advised the Defendant, through it's agents,
that they wished to purchase a camper which would be suitable with use with their
aforementioned 1996 Toyota 4Ru nner.
7. The Defendant and its agents did affirmatively hold themselves out as
experts in the recreational vehicle and camping industry and did advise the Plaintiff's
that they would identify an appropriate Coleman trailer and hitch for their purchase and
use with their 1996 Toyota 4Runner vehicle.
. 8. Following further information to Plaintiff's by Defendant's, and with the
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II assurance that the recommendations be made by the Defendant's were proper and
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, appropriate, the Plaintiff's did purchase the aforesaid Coleman camper, specifically a
1998 Coleman Fleetwood Folding Trailer, Grandview SP.
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9. As a direct consequence of Defendant's recommendation to the Plaintiffs,
the Plaintiffs also purchased a Reese 3501b. Weight-distributing hitch with adapter kit
which hitch was installed by Defendant's on Plaintiffs' vehicle and camper at the time of
the purchase of the aforesaid purchase.
10. At all times relevant hereto the Plaintiffs were advised by the Defendants
that said hitch was necessary and appropriate for the use of their 1996 Toyota 4Runner
vehicle with the purchase Fleetwood Coleman camper.
11. On October 31, 1998, the Plaintiffs began a trip to Disney World in the
State of Florida from their home in Perry County, Pennsylvania.
12. At approximately 1 :40 a.m. while traveling South on Interstate 95 in
Cumberland County in North Carolina, the Plaintiffs did experience out of control
swaying by their camper which ultimately caused a loss of control of the vehicle and an
accident to ensue.
13. At the said time and place of the said accident Plaintiff Kim Womer was
driving the vehicle in a lawful, careful, safe and prudent fashion.
14. At the said time and place of the said accident, the aforesaid camper,
properly attached to the weight distributing hitch as recommended by the Defendant did
begin to sway violently and as a direct consequence of such swaying, Plaintiff Kim
Womer was unable to control the movement of the vehicle and ultimately the vehicle left
the traveled portion of the roadway into the median thus causing an accident.
15. At the said time and place Plaintiff Dwayne Womer, Plaintiff Kim Womer
II and the Plaintiffs two children, Aaron and Ashlyn Womer were all in the vehicle at the
time and were injured as a result of the accident caused solely and completely by the
out of control swaying of the camper attached to the weight distributing hitch.
16. As a sole and direct consequence of this accident, Plaintiffs have suffered
the loss of equipment, additional cost and expenses due to additional food and lodging
costs, damage to their vehicle and personal belongings, significant other damages,
which losses are in excess of $25,000.00.
17. As a result of this accident and as a result of the investigation caused by
the Plaintiffs the Plaintiffs discovered that the specifications for their 1996 Toyota
4Runner vehicle specifically excluded the use of the hitch that was recommended,
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purchased from and installed by the Defendant which recommendation is outlined more
completely in Exhibit A attached hereto.
18. The Plaintiff's also discovered, subsequent to the accident, a warranty
warning from Fleetwood which required a sway control device, but not a weight
distributing hitch. See Exhibit B.
19. As a result of Plaintiffs thorough investigation into this matter, it was
determined that the hitch recommended by, purchased from and installed by the
Defendants in this case was in fact a weigh distributing hitch which was specifically not
recommended for use with the Toyota 4Runner vehicle as outlined in the 1996 owners
manual. A copy of the specification and installation requirements for this hitch are
attached as Exhibit C.
COUNT I
BREACH OF EXPRESSED WARRANTY
20. Paragraphs 1-18 above are re-alleged and re-incorporated as if set forth in
their entirety.
21. Defendant is a merchant within the meaning of the Uniform Commercial
Code and at all times relevant hereto did hold itself out as a merchant in the business of
selling, servicing and recommending recreational camping equipment.
22. The statements and recommendations made by Defendants and its
agents to the Plaintiffs were expressed warrantees within the meaning of the Uniform
Commercial Code.
23. Defendants breached their expressed warrantees to Plaintiffs by failing to
furnish a product that confirmed to the warrantees given. Plaintiffs have given
Defendant notice of the non-conformity and demanded that they cure the same, but
Defendants have failed to do so.
24. As a result Plaintiffs have incurred thousands of dollars in claims and
ii losses for the product's failure performance promise, for damage to their property and
for injuries suffered as more fully set forth above.
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WHEREFORE, Plaintiffs demand jUdgment in their favor in a sum of excess of
$25,000.00.
COUNT II
BREACH OF IMPLIED WARRANTY
25. Paragraphs 1-24 above are re-alleged and re-incorporated as if set forth in
their entirety.
26. Defendants, as set forth more fully above, did sell to Plaintiffs a product
that was impliedly warranted to be merchantable as a product that could be applied
safely to the towing of the said Coleman camper in conjunction with the Plaintiffs Toyota
4Runner vehicle.
27. Defendant breached the implied warranty of merchantability because its
product was not appropriately sized, fitted or appropriate for use with the Toyota
4Runner vehicle of the Plaintiff's which failure was as a direct result of the Defendants
failure to comply with their implied warranty of merchantability.
28, As a direct result of the breach of the warranty of merchantability as
provided by Defendants to Plaintiffs, the Plaintiffs have suffered losses in excess of
$25,000.00.
WHEREFORE, Plaintiffs demand judgment in excess of $25,000.00.
COUNT III
NEGLIGENCE
29. Paragraphs 1-28 above are re-alleged and re-incorporated as if set forth in
their entirety.
30. Defendants were negligent in recommending to the Plaintiffs a hitch and
trailer combination that was not appropriate for the Plaintiff's vehicle and, further,
Defendants were negligent in installing said hitch to the Plaintiff's vehicle in direct
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violation of the recommendations of the manufacture of the vehicle as set forth in the
owner manual which is marked as Exhibit A.
31. The Defendant and its agents were negligent in failing, at all times
relevant hereto to fully and adequately investigate the technical and other requirements
of the Toyota 4Runner vehicle and did, negligently and in direct contravention of the
duty owed to the Plaintiffs, did recommend a hitch that was the sole and proximate
cause of the accident of the Plaintiffs on October 31, 1998 as set forth more fully above.
32. As a direct consequence of the Defendants negligence, the Plaintiffs did
suffer an accident on October 31, 1998 and, as a direct result of said accident, did
suffer significant losses as set forth more fully above.
WHEREFORE, for all the above reasons, Plaintiffs request judgment in
their favor in amount in excess of $25,000.00.
COUNT IV
FRAUDULENT AND MISREPRESENTATION
33. Paragraphs 1-32 above are re-alleged and re-incorporated as if set forth in
their entirety.
34. Defendants and its agents did fraudulently misrepresent to the Plaintiffs
that the said Reese Weight Distributing Hitch was necessary and appropriate for use
with the Coleman Camper and a Toyota 4Runner vehicle, which claim the Defendants
: knew or should have known was fraudulent and a material misrepresentation.
35. As a direct result of the fraudulent misrepresentation of the Defendants to
the Plaintiffs, the Plaintiffs did rely on said misrepresentation and did purchase this said
Reese Weight Distributing Hitch and Coleman Camper for use with their Toyota
4Runner vehicle and, as a direct result of said purchase, did suffer the accident as set
forth more fully above on October 31, 1998 which caused the losses noted above.
WHEREFORE, for all the above reasons, Plaintiffs request Judgment in
their favor in excess of $25,.000.00.
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COUNT V
PRODUCTS LIABILITY - NEGLIGENCE
36. Paragraphs 1-35 above are re-alleged and re-incorporated as if set forth in
their entirety.
37. As set forth more fully above the Defendant and its agents did so
carelessly, negligently and recklessly design, construct, install, sell and distribute to
Plaintiffs a certain product which Defendants knew or in the exercise of reasonable care
and diligence should have known, was dangerous and defective to the Plaintiffs which
product was not appropriate for the Plaintiffs vehicle in which, in fact, did cause harm,
damages and injuries to the Plaintiffs as a result of such defective and dangerous
condition.
WHEREFORE, for all the above reasons, Plaintiffs request judgment in their
favor in excess of $25,000.00.
VI
PRODUCTS LIABILITY - STRICT LIABILITY
38. Paragraphs 1-38 above are re-alleged and re-incorporated as if set forth in
their entirety.
39. As set forth more fully above, Defendants and their agents knew that such
product would be used and in fact was used, and in a manner intended by Defendants,
without inspection for defects and, further, that as a result of the dangerous and
defective condition of the product, as described above, a defect known or should a
defect known by the Defendants to have existed or in which in fact existed and when left
in control of the Defendants, Plaintiffs did suffer the injuries and damages as alleged
above.
WHEREFORE, for all the above reasons, Plaintiffs request judgment in their
favor in excess of $25,000.00.
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COUNT VII
VIOLATION OF UNFAIR TRADE PRACTICES ACT
40. Paragraphs 1-39 above are re-alleged and re-incorporated as if set forth in
their entirety.
41, The Defendants, at all times relevant hereto, were ingaged in trade and
commerce as defined in the Pennsylvania Unfair Trade Practices Act, 73 P.S. 9201-1 et
seq.
42. The Defendants were, at all times relevant hereto, engaged in unfair or
deceptive acts or practices as set forth more fully in the Unfair Trade Practices Act.
43. As a direct result of the actions of the Defendant, all in violation of the
Unfair Trade Practices Act, the Plaintiffs have suffered a loss of money and property in
excess of $25,000.00 and are therefore entitled, pursuant to the provisions of the
Pennsylvania Unfair Trade Practices Act, an award of actual damages, triple damages
and costs and reasonable attorney's fees.
WHEREFORE, for all the above reasons, the Plaintiffs request judgment in their
favor in an amount in excess of $25,000.00 plus treble damages, plus costs and
attorney's fees.
Respectfully Submitted
TURO LAW OFFICES
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Date
Ron Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiffs
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@ TOYOTA
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lc)c)f3 ()wner-'s
Manual
For your safety and comfort;
reBd cBrefully and keep In the vehicle.
41unnER
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Tonque load
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trailer cargo load should be
ributed so that the tongue load
3 to 11 % of the total trailer
ght. not exceeding the maximum
the following, Never load the
er with more weight in the back
1 in the front. About 60 % of the
er load should be in the front
of the ,trailer and the remaining
'0 in the rear.
3RZ-FE engine
'58 kg (350 Ib,)
5VZ-FE engine
226 kg (500 Ib,)
-*
HITCHES
. Use only a weight carrYing hitch' de.
Signed for the total trailer weight. Toyo-
!~ dnes not recommend u5IMg a we'qht
'"j ~,'i' ::.:::('l'~ ""'nn prh:;l~tllnq\ ~1\("1o-,
. Tt-,p "qtc.n ~'I;S: bf' f.\olted SCCllr'2h,i ~r:
the ~'eh'cifJ frame and Illstalled accord
Ing to the hitch manufacturer's Instruc-
tions
. The hl1ch ball and king pin should have
a ,I 1I;::l 111 coat Of qrense
. T0VG'i! ,,::>(0.....,.':"'Of'05 i0~l1ovlnq the h:tch
........~e" ~o: 10\f..:t~(~ :0 DI0v"!n!''''iun,r ;:Ir'1Ij'n'
damage due :0 the hitCh In event of (l
rear end colliSion After removal 01 the
hitch. seal the Installation area to pre.
vent entry of exhaust fumes and mud.
NOTICE
Do not use an axle mounting hitch as
it may cause damage to the axle
housing. wheel bearings, wheels and
or tires.
BRAKES AND SAFETY CHAINS
. Toyota recommends trailers with
brakes that conform to any applica-
ble federal and state/provincial regu.
lations.
. A safety chain must always be used
between the towing vehicle and the
trailer. Leave sufficient slack in the
chain for turns. The chain should
cross under the trailer tongue 10
prevent the longue from dropping to
the ground In case it becomes dam"
aged or separated. For correct safety
chain procedures, follow the hitch or
trai,ler manufacturers recommenda-
tions.
CAUTION
. If the total trailer weight exceeds
453 kg (1000 lb.). trailer brakes are
required
. Never tap into your vehicle's hy-
draulic system as it would lower its
braking effectiveness.
. Never tow a trailer without using a
safety chain securely attached 10
both the trailer and the vehicle If
damage occurs to the coupling unit
or hitch ball. there is danger of the
trailer wandering over into another
lane.
,
145
,railer towing
Your vehicle IS designed pnmarily as a
oassenger-and-Ioad-carrying vehicle. Tow-
Lng a trailer will have an adverse effect on
f1andling. performance. braking, durability
i:\na arlvlng economy (fuel consumption
\?IC) YOur safely and satisfaction depend
Dr :he proper use at correcl equipment
ana C8W:1QUS dflVlng habits For your sale.
iy a."o rhe safely of others. you musl nOl
overload your vehicle or trailer Ask your
local Toyota dealer lor further dalalls be-
lore lOWing
WEIGHT LIMITS
Before towing. make sure the total trail-
er weight. gross combination weight.
gross vehicle weight. gross axle weight
and trailer tongue load are all within
the limits.
The tolal (railer weight and tongue load
can be measured With pial form scales
~o"nd at a highway weighing station, build.
'0g suOPly company. trUCKing company,
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CAUTION
. The total trailer weight (trailer
weight plus its cargo load) must
not exceed the foffo,wing, Exceeding
this weight is dang'er6us, 11 towing
a trailer over 907 kg (2000 Ib,). it
is necessary to use a sway control
device with a sufficient capacity,
3RZ-FE engine
1587 kg (350D lb.)
5VZ-FE engine
2267 kg (5DOO lb.)
. The gross combination weight (sum
of your vehicle weight plus its load
and the total trailer weight) must
not exceed the following.
Two-wheel drive models
3RZ-FE engine
3447 kg (7600 tb.)
5VZ-FE engine
3992 kg (8800 Ib,)
Four-wheel drive models
3AZ-FE engine
3583 kg (7900 Ib,)
5VZ-FE engine
4173 kg (92DD lb.)
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. The gross vehicle weight must not
exceed the Gross Vehicle Weight
Rating (GVWR) indicaled on thl
Certification Label. The gross veh~
cle weight is the sum of weights of
the unloaded Vehicle. driver. pat
sengers, luggage, hitch and tralllf'
tongue load. It also includes th.
weight of any special equipment
installed on your vehicle.
. The load on either the front or rear,
axle resulting from distribution 01
the gross vehicle weight on bolh
axles must not exceed the Gross
Axle Weight Rating (GAWR) listed
on the Certification Label.
W ARRAN'fY REcaSTRATION
..'ahd: .';
. CUSTOMER
" Dl1;LIVE1W FORM, ,
1IIIi!:.t.:J If.l'l......].JI
FOLDING TRAILERS,JNC.
1'1.0, #2, P,O. BOX 111
SOMERSET, PA 15501
814) 445:9661 FAX (814) 443-7340,'
J:LE~qzQCl'
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wllhin fun da.'!.'S
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1. MEASURE TRAILER COUPLER HEIGHT- Level trailer and measure from ground to top of ball
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2. ATTACH BAllMOUNT TO HITCH BAR-. Insert hitch bar into hitch box andinstali pull pin and, .
lock in place with spring cotter. Install bali mount onto hitch bar. Move up or down for ball height ,
nearest to coupler height. If half.Nay bet\'1een holes, move to the higher position. Install bottom
bolt in baU mount with washers on each side and tighten nul enough to hold bal! mount position.
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3. SET BALlMOUNT ANGLE- With the trailer level, back the tow vehicle to a point where the
hitch bal! is within a few inches of the coupler. Raise or lower trailer tongue to make the coupler
height the same as the ball height. Install the spring bar assemblies in baH mount as shown in
illustration, position the ends close to the trailer frame and remove slack by lifting end of bar.
Observe the relationship of the bottom of the bar end to the top of the frame. For trailers with
light tongue weights (less than 200 Ibs.) adjust the ballmount angle so that the bars are approxi-
mately 1 to 1.5 inches below the top of the frame.
01996 REESE PRODUCTS, ENC
For trailers with heaviertonguaweights (over 200 fbs.) adjust the ballmount angle so that the f):i.!rs
are a??~oximately 2 to 2.5 inches befO\'( the top afflle frame: Insta!lthe,tcip bolt and adjuSting wash-
ers, rotating the washerssr:ltpO!!H\1ey are agair::st the shoulder oftlieball mount Torque both top and
botlombolls'to 851~ft\ f{emovethEfspring bars."",. " . ,":i"" '," ",,;;,,":',
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" 'lI1NGUE \oi'GGKTlESS' THAN 200 lBS
TONGUE \.lEIGHT HURE THAN 200 U1S
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4. COUPLE TRAIlERTO VEHICLE~' Using the tongue jack, raise the trailer tongue and place
coupler over bail, lowertne coupler onto the ball, and close the coupler. Drive tow vehicle in a straight
line to align trailer and tow vehicle. Assemble slide bracket (28) and retaining plate (29) to spring
bars as shown and secure with self taping screws (30), Reinstall spring bar assemblies in Ihe ball
mount as shown in the illustration. Raise tha tongue and rear of tow vehicle so that the spring bars
can be lifted level with the top of the trailer frame.
5. INSTALL THE LEFT SIDE BRACKET - (For this insta!fation, the left side will correspond to the
passenger side of the vehicle). Mark a line on the trailer frame approximately 28 inches from the
center of the ball. With the center of the side bracket (31 ) aligned with this mark, temporarily clamp
the bracket to the trailer frame. Position the spring bar ol/er the side bracket (31) to determine if it is
centered (adjustthe bracket ifthe spring bar is off center),
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6. SECURE THE SIDE BRACKET TO THE FRAME -Installl.v,lo 3/8" u-bolls (33) around the trailer
frame rall and secure with lockwashers (34) and nuts (35) as shown in the figures below. Torque nuts
to 35 ft'1b (It may be necessary to drill 1 !2~' holes in frame cross members to allow the u-bolts to be
positioned around the frame rail).
,.--TRAlLER FRAME
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SIDE BRACKET
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* NOTE: Be sure to position the u-bolls on the frame as shown in the above diagram.
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7. MOUNT THE FRICTION PAD BRACKE:T - Mark the location of the .172 dia. holes (1'1/64 d,ril!).c.il
\'ne tr\c\\cn pad (27) as shown IfI Fig 7 A. Place the friction pad on line side, bracket (31 ) as shoWn in
Fig 78. and drill the.172 dia. holes through both the friction pad and side brackets (countersink the
holes in the friction pad bracket (27) so that the head of the self-tapping screw is approximately 1 f8"
below the surface). ,Install the two seif-lapping screws (26) as sho',',," in Fig 7C.
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. ' ,';;;""~.,~'l'.--I..,,~w,"i'i"r ,:', (~'.;1'Q....,,,t-,. r,'\:,~,t~f-.t'lV'l~'~~"i\"~~";~"",:~'I-' {~'~~~:;;'''''~::~,~f,,' ~:~J/"'V':'
, "NOTE: DO NOT overtighten theselftapping screws, this could damage the threads: '
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U~~:;""i ';~~;';';~'. ~: ~':; ~u ;;i",.-,:,,:, L.\j~.di~ ..;.:~ U;.:,,",;.).l~~.f.:.\:,;';:So..:..,'~~;'i. ~~l"'liJ;.:~';r;"~~"~t't.
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SIDE BRACI<ET --,
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FRICTION PAD BRACKET/
FRICTION PAD BRACKET
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SELF TAPPING SCREWS-
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B. REPEAT FOR THE OTHER SIDE.
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!3ENERA!..1IPS:
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- Reviewtha owners' manuals for your lowing vehicle and trailer for specific recommendations, capacities, and require-
ments. NEVER exceed the recommended capacity for any component Of the hilch system, trailer, ,or .Iow vehicle.
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- Good habits for nonnal driving r1eedexlra emphasis wl11l!1tOwlng. The addliioriiii ~lght affeCts accelfirntlon ll!1d
brakl!1g, a!1d extra time should be allowed for passing, stopping,a!1d changing lanes: '" "
""" "'~"'~~l <'Ii"\:j;'A'n"~f'!"" ," ,; !''''',,'''''''-'' ,'t'; .. ,~.,., '\0-", "'f-'~->O, ':It 'Vttt"" .~;,;.,.:. ~'ll'",.';'~I'''tJt~!~..~... "'i:"'~)"" f """'~'
"A"''':''''.;..f ~ ;,:>-""",,;1-,0""""-'''''' 00"111;'1\", ...,~,. ,'.""" ;:"':>';\J;:,;,~<",:~,~,~... d,,,,,iir..~H'~,~"i;"'1,.,~:I,"";f,,,t,; il\.,f~ ~"''''''~~'~;'
- Proper trailer loading is Imperlant. Heavy items should be placed close to tha floor neartha tral[er axle. The load .'.
should be balanced side-to-slde and firmly secured to prevenl shiffing. Tongue weigh! should be about 10-15 percent of
the gross tmilerweigh1 for mOsllrnilers, Too low II percentage oftongue weight will often produce a trmdaney 10 sway.
- RemOVE! the hitch when not towing 10 prevent contamination of head sockets; reduce chance Of striking hitch on
driveway ramp:; or other objects, minimize damage inthe event of 11 rear-end collision, or when performing extreme
. ' ,",' . ' ..!!'....-.. l"'"'~""" "'.,
turning maneuvers. '. ' ,
W~NINGS:
i.
. LOADED BALL HEIGHT SHOULD NEVER BE GREATER THAN UNCOUPLED BALL HEiGHT. Front ~eel overload
and loSs of rearw.l1ell traction can result, and Clln lead 10 unstable handling, reduced b!'ll~jng abllily, and a tendaney to
"jackknife" when turning and braking allhe same lime. "
- DO NOT TOW MULTIPLE TRAILERS. Towing mullilple trailers may r.lluse severe instability, loss of cOntrol, structural
failure, IInd may resuitln vehicle acoident, property damage, and personal injul)'. Towing multilple trailers Is liIegal in
many jurlsdicllons.
- Trailers should NOT be ol'".oupied \W1ile being towed, under !lny circumstances,
M8-I~NCE:
- At the beginning of every lawlng day:
. Add a drop of oil at spling bar contact areas with ball moun!.
. Clean bal! and coupler's socket and coat ballllghlly with grease,
. Cher.kto see Ihat air bolls are properfytiglltened and hffch pin and cUp are seouraly in prace.
. {(heok to SIlIl that electricall100kups aro in working order, and thai saffey chains lire oOlmected.
- Keep hitch painted 10 prevent rust and malnlall111 good apperanoo (Do not paint over labels), .
- Unless specified otherwise by the towing vehicle or trailer manufacturer, tires shouid be inflated to Iheir maximum
recommended pressure.
, Hitchf"~"Ii m .~ustom Receivers - Sway Controls
R~ ~ itE Hi'!:~ CwtcIn Hitcl:l R~ IUd ~ C<<ito!s 1n:m ddt; of p.~ IIpm. defecb: in mlttuiaJ Md 'l,V1:1'kmm:l!lhq.~ under
_I,,,, ADd ""'''''' _wy....... 0Ild..... ~ r<>< tho """"'""" tm .fibo mg;..1 """''''''''~.
]I..,. mJl n:pI;I.. f1lF..E OF ClIARClIl ""~".,. "*"l'f'!O'I"& _ io ",...,;.; <>< ~~ _I "" ~ R.... d",lw. il=
WaffllOt"" <>< """'" 'to l&ctay. TRANSl'ORTAlON CllARClES PREl'AID...tho add=I below.TIIlS WARRAN"IY lS UMITFD TO
DF.J.V..cnVE PARTS REl'lACEME!'<'T 0J'00'L Y. LABOR CHARGES AND/OR DAMAGE lNClJRR,;o IN INSTALLATION ORREl'lACE,.
Ml''N'f AS 'WELL .~ ll..!CIDENTAL AN CONSI:'.Qf..JF..t.lTIAL DAMAGES CON'NECrEn 1"HF..RJ::.W!11-I ..'\RE FXCUIDED.
Some stat:es 00 nil!. allow the exr.himotl OJ' ltmitatioo at incide1::dal a CODSeqIU:IJtlaG d:ana-ges. $0 tht-. ~~ limit~on l:Jr t:"Xt.iu<sioo nmy fKlt apply to
you. ' ,
.~~, dlm~--e 'kl tbe r~ Cmtom I-llicll Htttivtr. md Sway Coom::il ~ a r51!t of ml.~ ftbuse, negle-.1:, acci~. irnprope:r inmlbtioo. t.T an}'
IJSe violative c€ ilWtJcticm f~ by m, \VlU.. VOID THE W ARRA':.l\'TY.
'Ibis 'l}j:m:r!Ll:rfy gtYeS )'UU specl{k: ~ rig1lts, JWd ~ may &'10 ha;l't: other r;:~!!s YimOO \'Zr)' fhxn state to r.tlm, En the e-'?m1t Q( a problem. with
Wltmr'Jty ~'C Of perfmnm::e. Yl)l1 ~' be &ie to go tn a nmI1 daizm. court, IX' a federnl ~d court.
REESE Products, 1m:. REESE Products of Can.,da, UrJ.
51671 Slale Road li1-N, Elkhart, IN 45514 475 Wyecroft Rood, Oak-AIle Oolarlo, Clmoda lGK2H2
lllltl41 IN..ol NO\l9I'iA
C191lG REESE PRODUCTS,INC
Ulho In USA
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VERIFICATION
We verify that the statements made in the foregoing Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. 94904 relating to unsworn falsification to authorities.
Date
8/ I> 100
Dw~=erW~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05687 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WOMER DWAYNE ET AL
VS
CUMBERLAND VALLEY CAMPING CENT
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CUMBERLAND VALLEY CAMPING CENTER INC
the
DEFENDANT
, at 0014:00 HOURS, on the 21st day of Auqust
, 2000
at 7050 CARLISLE PIKE
CARLISLE, PA 17013
JAMES SPANGLER, JR. (SERVICE
by handing to
MANAGER)
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
Service
Affidavit
Surcharge
18.00
4.34
,00
10.00
.00
32.34
;c~:~~~~
R. Thomas Kline
....'_~_-.....'l'...____",,'-.',' '.
08/22/2000
RON TURO
Sworn and Subscribed to before By:
me this 7 ~ day of
..J1'-#7....f,L.. ~ A. D .
~Q.~,~-
, Prothonotary 1)
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DWAYNE AND KIM WOMER
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-5687 CIVIL ACTION
CUMBERLAND VALLEY
CAMPING CENTER, INC.
Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEATANCE
TO: Curt Long, Prothonotary
Cumberland County
1 Courthouse Square
Carlisle, P A 17013
Enter the appearance of the undersigned on behalf of the Defendant, Cumberland Valley
Camping Center, Inc.
LAW OFFICE OF ROBERT P. REED
Dated: c; - 7 - tJO
BY: //k-/?#
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, PA 17011
717909-6637
Attorney's I.D. No, 15624
Attorney for Defendant
-
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CERTIFICATE OF SERVICE
AND NOW on this ~ay of September, 2000 I Robert P. Reed, Esquire, hereby
certifY that I served the within Praecipe for Entry of Appearance this day by depositing
the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania,
addressed to:
Ronald A. Turo, Esquire
Turo Law OffIces
28 South Pitt Street
Carlisle, P A 17013
LAW OFFICE OF ROBERT P. REED
BY:
~~
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, PA 17011
717909-6637
Attorney's I.D. No. 15624
Attorney for Defendant
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DWAYNE AND KIM WOMER IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA
vs.
No 00-5687 CIVIL ACTION
CUMBERLAND V ALLEY
CAMPING CENTER, INC.
Defendant
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Dwayne and Kim Womer
c/o Ronald A. Turo, Esquire
Turo Law OffIces
28 South Pitt Street
Carlisle, P A 17013
You are hereby notifIed to fIle a written response to the enclosed Answer with New
Matter within twenty (20 ) days from service hereof or judgment may be entered against
you.
LAW OFFICE OF ROBERT P. REED
BY:
~~k
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, P A 17011
717909-6637
Attorney's LD. No. 15624
Dated:
1t1-/;? -00
-;-' .."
~- . ~'"
DWAYNE AND KIM WOMER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
No 00-5687 CIVIL ACTION
CUMBERLAND VALLEY
CAMPING CENTER, INC.
Defendant
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
AND NOW, comes the Defendant by its Attorney, Robert P. Reed, Esquire, and responds
as follows:
1. Admitted.
2. Admitted.
3. Admitted,
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part and denied in part. It is admitted that the Defendant, through its
presence and advertising, held itself out to be a dealer in recreational and camping
vehicles and equipment. It is denied that Defendant, through its agents, affIrmatively
represented it had any expertise in selecting equipment particular to the 1996 Toyota
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4Runner, nor did Defendant or its agents undertake to select a Coleman trailer for the
Plaintiffs. Rather, Plaintiffs selected the trailer they wished to buy and Defendant's
agents determined, through the information made available to it by the manufacturers
and distributors, that the Reese 350 Mini Liteweight Weight Distributing System was
the appropriate hitch for the camper chosen by the Plaintiffs. By way of further
answer, that portion of the hitch combination known as the "receiver" was already
installed on the Plaintiffs' vehicle at the time the Plaintiffs appeared at the
Defendant's place of business.
8. Denied as stated, Rather, after reviewing the selection of Coleman camper trailers
available on lot or through the Defendant, the Plaintiffs chose the 1998 Coleman
Fleetwood folding trailer, Grandview SP, as the camper they felt would suit their
needs. Defendant's agents determined, through the literature available to them from
the manufacturer and distributor, thatthe above Reese 350 Mini Liteweight Weight
Distributing System was the hitch appropriate for use with the trailer purchased by
the Plaintiffs.
9, Admitted, except to the extent this paragraph implies that the 1998 Coleman
Grandview SP camper was "recommended" to the Plaintiffs. Rather, Defendant's
agents determined through the literatures supplied by the manufacturer and through
the distributor that the Reese 350 Mini Liteweight Weight Distributing System was
the hitch appropriate for use with the camper selected by the Plaintiffs.
10. Admitted in part and denied in part. It is admitted that the Defendant's agents,
through literature supplied by the manufacturer and distributor, identifIed the Reese
350 Mini Liteweight Weight Distributing System as the appropriate hitch for use with
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the camper selected by the Plaintiffs. It is denied that Defendant's agents ever
represented to the Plaintiffs that said hitch was "necessary" or that other hitches were
not available either through the Defendant or other dealerships.
11. Denied. After reasonable investigation the Defendant is without knowledge or
information suffIcient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded.
12. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded.
13, Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded. By way
of further answer, Defendant reserves unto itself any defenses that may be revealed in
the course of discovery, including operation of the Plaintiffs' vehicle in a manner
inappropriate to the pulling of a loaded camper trailer, or that, when any trailer sway
occurred the Plaintiff, Kim Womer, applied the vehicle's brakes rather than the
trailer's dashboard-mounted "brake control" as advised by the Defendant's agents at
the time of purchase.
14. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded. By way
of further answer, Defendant reserves to itself any defenses that may become
apparent in the course of discovery, including the improper hooking up of the trailer,
~
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its hitch, or the anti-sway mechanism, or that the load in the trailer was too heavy or
improperly distributed, all of which factors were beyond the control of the Defendant.
15. Denied. After reasonable investigation the Defendant is without knowledge or
information suffIcient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded.
16. Denied. After reasonable investigation the Defendant is without knowledge or
information suffIcient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded.
17. Admitted, except that the subj ect owner manual does not prohibit the use of a weight
distributing hitch but merely does not "recommend using" the same. By way of
further answer, Plaintiffs did not show said manual or make its contents known to the
Defendant's agents at the time of purchase,
18. Admitted that a warranty warning from Fleetwood recommended a sway control
device, but said warranty warning made no mention of whether a hitch should be
weight distributing or weight bearing. By way of further answer, it is submitted that
the hitch sold to the Plaintiffs by the Defendant's agents incorporated an anti-sway
device in accordance with the recommendations of Fleetwood.
19. Denied. After reasonable investigation the Defendant is without knowledge or
information suffIcient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded. By way
of further answer, Defendant incorporates by reference its responses to paragraphs
thirteen through eighteen above as though the same were set out here at length.
,.~
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COUNT I
BREACH OF EXPRESSED WARRANTY
20. The averments contained in paragraphs one through nineteen above are incorporated
herein by reference as though set forth at length.
21. Adlnitted.
22. Denied. Defendant, nor its agents, made any expressed warranties, In the sale of the
subject camper warranties were limited to those made by the manufacturer as set forth
on the sales slip attached hereto as Exhibit A. With regard to the Reese hitch, any
expressed warranties were contained in the specifIcation and installation
requirements, attached as Exhibit C to the Plaintiffs' Complaint.
23. Denied for the reasons set forth in paragraph twenty-two above. By way of further
answer, it is denied that the products sold violated any warranty, that said goods were
non conforming, that any request has been made to cure any non-conformance, or that
the Defendant is in any way obligated to the Plaintiffs for any breach of contract.
24. Denied for the reasons set forth in paragraphs thirteen through twenty-three above,
the averments of which are incorporated herein by reference as though set forth at
length.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
"
__ ~.-"~"~ '1;atii'
COUNT II
BREACH OF IMPLIED WARRANTY
25. The averments contained in paragraphs one through twenty-four above are
incorporated herein by reference as though set forth at length.
26. Denied. All implied warranties were excluded in the sale of the trailer, which
exclusions are part of Exhibit A attached hereto. With regard to the subject hitch, it is
believed and therefore averred said product was of good and merchantable quality
and conformed to all of the implied warranties established by 13 P A C.S.A. Section
2314.
27. Denied for the reasons set forth in paragraphs thirteen through twenty-six above,
which averments are incorporated herein by reference as though set forth at length,
28. Denied, for the reasons set forth in paragraphs thirteen through twenty-seven above,
which averments are incorporated herein by reference as though set forth at length,
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
COUNT III
NEGLIGENCE
29. The averments contained in paragraphs one through twenty-eight above are
incorporated herein by reference as though set forth at length.
30. Denied. Defendant's agents did not "recommend" any hitch, but rather determined
through information made available to them by the manufacturer and distributor that
the Reese 350 Mini Liteweight Weight Distributing System with integrated anti-sway
features was appropriate for use with the Coleman camper selected by the Plaintiffs.
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In so relying on said information the Defendant's agents acted reasonably and in
accordance with the best information available to them at the time.
31. Denied for the reasons set forth in paragraph thirty above, the averments of which are
incorporated herein by reference as though set forth at length.
32. Denied for the reasons set forth in paragraph thirty above, the averments of which are
incorporated herein by reference as though set forth at length.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
COUNT IV
FRAUDULENT AND MISREPRESENTATION
33, The averments contained in paragraphs one through thirty-two above are incorporated
herein by reference as though set forth at length.
34, Denied absolutely. Defendant's agents did not "recommend" a hitch but rather
selected a hitch which, based on information supplied by the manufacturer and
through its distributor was appropriate to the camper trailer selected by the Plaintiffs.
Defendant's agents, at no time, represented that any hitch it identifIed was
"necessary" for this application, In so acting, Defendant's agents employed the best
information available to them and acted reasonably and in good faith, and without
fraud or any intent to defraud or misrepresent.
35. Denied for the reasons set forth in paragraph thirty-four above, the averments of
which are incorporated herein by reference as though set forth at length,
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
, , ~
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COUNT V
PRODUCT LIABILITY- NEGLIGENCE
36. The averments contained in paragraphs one through thirty-fIve above are incorporated
herein by reference as though set forth at length.
37, Denied absolutely. The averments of this paragraph are denied for the reasons set
forth in paragraphs thirteen through thirty-six above, which averments are
incorporated herein by reference as though set forth at length. By way of further
answer, it is specifIcally denied that Defendant knew or should have known that any
defects existed in the subject products, that said defects presented a substantial
likelihood of unreasonable risk of harm, or that the Plaintiffs' damages were in fact
caused by any defects asserted by the Plaintiffs.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
COUNT VI
PRODUCTS LIABILITY-STRICT LIABILITY
38, The averments contained in paragraphs one through thirty-seven above are
incorporated herein by reference as though set forth at length.
39. Denied, After reasonable investigation Defendant is without knowledge or
information suffIcient to form a belief as to the truth of the averments of this
paragraph and the same are therefore denied and proof thereof is demanded. By way
of further answer, it is denied that the products sold were being used in the manner
,"-
,
~"
~~
intended at the time ofthe Plaintiffs' loss, and proof thereof is demanded. By way of
further answer, it is specifIcally denied that the subject products were defectively
designed and manufactured, unreasonably dangerous and unfIt for their intended uses
and purposes at the time they left the possession and control of the Defendant.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
COUNT VII
VIOLATION OF UNFAIR TRADE PRACTICES ACT
40. The averments contained in paragraphs one through thirty-nine above are
incorporated herein by reference as though set forth at length.
41. Admitted.
42. Denied absolutely for the reasons set forth in paragraphs thirteen through thirty-nine
above, the averments of which are incorporated herein by reference as though set
forth at length,
43. Denied for the reasons set forth in paragraphs fourteen though forty-two above, the
averments of which are incorporated herein by reference as though set forth at length.
By way of further answer, Defendant specifIcally denies that it committed any of the
conduct defined as "unfair methods of competition" or "unfair or deceptive acts or
practices" as defIned and enumerated under 73 P. S. Section 201-1, and proof of any
allegations to the contrary is hereby demanded.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
.'" "~-, ,
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NEW MATTER
44. The averments contained in paragraphs one through forty-three above are
incorporated herein by reference as though set forth at length.
45. Plaintiffs' Complaint fails to state a claim upon which relief can be granted.
46. Plaintiffs' claims may be barred or limited by application of the warranties or
limitations of warranties governing the sale ofthe products in issue.
47. Any damages which Plaintiffs may have sustained were caused by the improper,
abnormal, unforeseeable and unintended use of the products including, but not limited
to, the following:
a. Operation of the Plaintiffs' vehicle in a manner inconsistent or inappropriate to
the towing of a trailer, including but not limited to sudden speed changes, sudden
steering compensation, or application of the vehicle brakes when the trailer "brake
control" should more appropriately have been applied;
b. Improper connection or set up by the Plaintiffs of the trailer hitch and/or anti-
sway device;
c. Excessive loading ofthe trailer, either beyond its design capacity or beyond the
safe towing limits of the Plaintiffs' vehicle;
d. Improper distribution of the trailer load and improper placement in relationship to
the axle location.
48. It is believed and therefore averred that the accident set forth in the Plaintiffs'
Complaint was caused by factors, forces or circumstances over which Defendant, or
its agents, had no control.
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49. Plaintiffs should have been aware of any restrictions or recommendations as
contained in their motor vehicle owner's manual, but failed to bring the contents of
the same to the attention of the Defendant's agents.
50. To the extent the Plaintiffs' Complaint may be construed as a claim for personal
injuries, damages for such are barred or limited by operation ofthe Pennsylvania
Motor Vehicle Financial Responsibility Law.
51. The products sold by the Plaintiffs were, at all times, of good and merchantable
quality free from defects and well suited for the purposes for which they were
intended.
52. At all times material to the Plaintiffs' cause of action, Defendant's agents acted
reasonably and prudently, and in good faith reliance on information supplied by
Reese Products, Inc. which information indicated that the hitch sold to the Plaintiffs
was appropriate for use with the camper trailer selected by the Plaintiffs.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiff.
Respectfully Submitted,
LAW OFFICE OF ROBERT p, REED
Dated: /D - /,j(-@cJ
BY:~~
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, PA 17011
717 909-6637
Attorney's LD. No. 15624
EXHIBIT A
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Cumberland Vallev Camping Center, Inc.
7050 'Carlisle Pike
CARllISLE, PENNSYLVANIA 17013
(717) 766-2103 . (800) 548-0202
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DELIVERY ADDRESS
MAKE & MODEL
STOCK NUMBER
KEY NUMBERS
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SUB-TOTAL $ "I? t"\{J 0 t'\
SALES TAX
715
NON- TAXABLE ITEMS
VARIOUS FEES AND INSURANCE
1. CASH PURCHASE PRICE - $ 0
TRADE-IN ALLOWANCE $
LESS BAL. OUE on above $
NET ALLOWANCE $
CASH DOWN PAYMENT $ "100 00
CASH AS AGREED SEE REMARKS $
2. LESS TOTAL CREDITS 0 0
SALE S TAX 11/ Not included Above)
3. UW;-aid Balance 01 Cash Sale Price $ R- X- 0 0 00
WORKSHEET. THIS IS NOT PART OF YOUR CONTRACT. ALL FIGURES ARE
ESTIMATES. THEY DO NOT CONSTITUTE AN AGREEMENT FOR CREDIT.
A. OTHER CHARGES
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Credll Acclden{ & Heallh
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l.!censeFees
REMARKS';\. IY
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RegIS/ration Fees
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BALANCE CARRIEn TO OPTIONAL EQUIPMENT $ '1 ~ ,~"
IiC'-,,:: \)~;iRANTY AND EXCLUSIONS AND liMITATIONS OF DAMAGE, uN TnE REVERSE SIDt
DESCRIPTION OF TRADE-IN YEAR SIZE
,
8. UNPAiD BALANCE-AMOUNT FINANCED The
amount of credir provioed ro you or on your be.
half.(3+A;
ANNUAL PERCENTAGE RATE
TIle cosl 01 your credu dS a yeel/ly rale
%
MAI<'f
MODEL
SERIAL NO
BEDROOMS
COLOR
C. FINANCE CHARGE
The dollar arnoum the ClerM wlil cost }OU
,
T,'I:..[I.'O
~0UNT OWING TO WHOM
D. TOTAl. OF PAYMENTS
The amount you will have palo ....hen you Ilave
made all scheduled paymellls (8+ C)
$ q t.J I~~'""Q
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AUf DEBT I OWE ON THE TRADE-IN IS TO BE PAID BY 0 YOU
lJ ME
E. TOTAL SALE PRICE
The lOIn! cost a/tour (Jurchi:Jse on credit. mellla-
1fI~ your down paym.m( 01 $.__ __
(I tAre)
You and I certify thai the additional terms and conditions printed on the other side of this contract are ago
rh~d 10 as a part of this agreement, the same as if printed above the signatures. I am purChasing the oe.
s~:.jb<:u tr<liler, manulactured home or vehicle; the optional equipment and accessories. the insurance as de- P'lY<lu/e .f! mOIl/!.ly Illsr:JilmenlS (II $
scnwn haS been 1,loluntary', that m'J trade-In is tree trom all dalms wtul.\$Over, except noted. ami one !inal.IlSlfll!me(!! ol!
"ll~ ..C.tlEEAitflr CONf!.JNS THE ElalliL: UIWDEif5.,.<i1jDIr;C, IlEl'WUIW mu AillJJM.t. AND Nu Oll-trii ilEt'Hl~l:NI~TlOfoj OR JNDuCEMo:Nl WLHtlAL OR WhfrTLlo. k..t$ tiEtlv ~=~ ",,,.C~~~:~~~ON~~~:D IN ~I~' CONT.
I OR WE ACKNOWUDGE RECEIPT DF A COPY OF THIS ORDER AND THAT I OR WE HAVE READ DUNDERSTAND THE a. OF T I REE T.
SIGNFD'I_ ~rfl,^ IA.... BuYER
Cumbe~and Valley Camping Center, Inc.~ .-
DEALER SOCIAL SECURITY NO~
(J::..li n(/I ~~.', .'Ie~gned . ~A~Plea by an OfficeW Ihe Company y --J~./'7 J i )
,TII,U"'" nino,. _ (l." SIGNED~_'/7t- - rrr u.l~ 8uYER
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-ADDITIONAL TERMS AND CONDITIONS- ----------)
i
10 1Ili$ conlr~ tht' words I, me, and ~ reler lo\~e &~'~ a~ ~.pu~,ar signing this contra~. ThiI words you, an~ your reler 10 the Dealer.: . . ,---:....~ ~ .1
~lul1lleragrel!ICOIl_lromolhar~deoICoiltradl:'. .' '. :. . " '1'(._ "..,,(,__ I
'. 1. If NOJA,CASHlRAHSACTION. ~ Ido.no.!>;ompletethi,purg,ase as a cash Iran,.clipn, I~now belore or..1 thellflle 01 d~lVery Ollh. unil Purch!ised, I wiU enler int. ~ rilajl~I.WnOllt ~ ar<i'
S1gnasecurityagreementorolheragreementasmayberequiredlofinancemy.purch~se,. 1- l,,, ~ t ,,' I" .,;.. '.' " .',-~..._ ",\,-:;." ,,;j
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2. mLE- TIlle. to tha unil putcl1ased w~ remain In you unlil the agreed upon purchas' price I' paid in hill in cast>,' or I have 'ignOd a retail inslBnrnanl conlracl arid IT ria, been accepleO by a biU-o Or fIIlai",'"
company, al which lim, fitle passe'!Omeevenl/lolJghlhaadual d,liveryollheunilpurch eeedmaybemad,at.lalerdate. . . ." ..' r' .' '-,'
3. TRADE4N. II lam Irading in a ueed Cill: manulaCturadl1ome, trailer, or other vehide,'iwill give you lhe oJiginal b~ of 'ale orlhe Iltlelolhe'lrad<'in, I promi..lh"leny !rad';"; wI1ic!r I ~'" ~<iw;".lby me'
and i, Ire, 01 any lien or other daim e'copl as ~Ied 011 the ather 5ide 01 thi, conlract I promi.. thai allla,xe' 01 every kind levied ag~n'l Ihe .trad,.in ~ave been fully pajd. .'I .any governmenl, agl'l"i \n!ke' ~ ~VY'
pr d.,m, ~ "" lien or demand ag.,n~ Ih, trade-IO, you may, .1 your opllon, ellller pay II and I Will rBlmburse you on demand, or you may add ihl'1 ~ounl (0 thIS -'OI\lrad a5 y 'h,g,beenQllgI1allY,""1<ide<I. _' ,., :
, 4. REGiSTRATION OR UCE~se OF. TR:4DE~H': III ha,,'a lr'ade".jll and it is regisiered or licensed in a state OUlsi~e.of the one whafttihis olo;r:is written,lwill imrpedlaie.l~ ha~ tt@ trade-in reQi~le(8d\oi'
I~emsecl irt_'lhe ~I~~ you indicate and I ~lt pay any an.d .all expenses "~~d r~istration or lice~Sj~g ,fees requj~d. 11 ~ou haru:lle the regislranon. or licenSing of me .trade-in, I 'wilt reimburse ~. to~ ~ -~nse on:
dO(llanQ or y"" mayaad that amounrto this _ asH had been ong,"aI~ in.cIuded. . .' . _ . - \ " "
5. RWPRAlSAL OF TRADE.IH.IU am.ma\ing a llade-in and ibs nol delivered. 10 you at Ih.llmeo; Ih,oriWnai apprai'aI and il laIer, on delivery, "JlIlpellf,IO youthatthat, h"ebeOn-malenal:~,,1
made in the furnishings or accessories, or in its general physical condition, you may make a reappraisal. This l~lef appraisal value will then determine the allowa~ce 10 be made tar tile tracjIHl'!. . ..'.
6. FAii.URE'TO COMPLETE PURCHASE-III 1011 or relu.. tocomplel' Ihis purcha.. wilhin lhe limelrame specilled in IhlS conlrad or a5 'pe-,med in lhe Unilorm CommefC1a1 CoQe olAw ~ate 10 wruc/lli
sign this conlract, 'or' within arl agreed upon'extension at time, for an~ reason (olher !han, ca~enatjon beciiuse'-ol any increase in prlceryou may keep that portion 01 ~my castl deposU ~hiCti win.'adequaldy~
compensate ~ou lor ~our consequential damages, incidental damages, and aU .other damages, eXpenses, or losses which you incur lJecause Ilail to complete my purchase. .1 :agra8i ~eyer, thai this 00fitract shall,
001 be interpreted as containing a "Iiquidatgd dam~ge$.,provision. !f I have not given you a cash depasit or it is inadequate :~d I have given you a trade.in, you may selllhe 'l.rape.in at'puQJic or priv~l~ sale, and i
deduct from the money received an amount thai will adequately compensate YOl,! for any Dr all ollhe above mentioned damages, expenses, and losses incurred because I tailed 10 complete lhis pulthase. I'
u"",rsland thai you shall hav,alllhe ngh" 01 a sellar upon breach of conlracl undar Ihe Uniform Commerci.1 Code, excepllhe rig~lo ..ek and colI'd 'Iiquidaled dam'ge,' under Seelion 2.716: II you pravail ill
/my legalliClion -which you briog against-me, Of which I bring_ against ~ou, concerning lhis, contract,: I agree 10 reimburse, ~0lJ for your reasonable attorne~s' fees, court costs and ellpenses which-you incur inl
prosecutiogofdefendingagainstth~lega.lactjon. ,. _,_':'. ... '-_. . .'.. .. __ !
7. CttANGES BY MANUFACTURER.. I und.rsland.lballhemanulaclurer may mal<e any changes in Ih, morM or de'igns, or any acceSSOil" and part,lrom urn' 10 lim., and a! any l'I1l4.IIl/1i lllMlulaclurer I
doe~ make cl)~es,,~ther ~ou nor the manufacturer a(~oPlig~,ID_lJ)~~~ I~e '~i:it1]e changes in the unit I am purchasing and covered by this order, either before.ar alter it is delivered to me. '
8. D~LA YS. I. Will not ho~ you liable for delays causad by I~e. marufaclur~ accidents; slrike,. lir", or any olher cau..peyond your control., " .' . ...., . ;'., :). / ) :'i -, '
9. INSPECTION. I have examined Ihe producl and find il suilable lor my parlicular needs, I have reli!d upon my own'judgemenl and lrispeclion in det,rmining thalli is 01 acceplable ijJ3Ii~: On 'lhaspecial
unit ordered, I have relied on my inspeclion ollhe display model(s), lhe brochures and bune~ns andlor lhe Iloor plan~ proVided 10 you by.~he Manulaclurer, in making my decision 10 pUfcl1ase the UllIt describud on
thereve~~sidpptlhis~r~fllenl: . .,"" .! - .:. ..' ,_ i.' J'" ..i,_'._ ..:', \:,~:,~ ,:.' ,
. 10.- EXCLUSION O~ WAIlRANTIES. l V~D,ERST AND THAT THE IMPUED WARRANTIES OF MERCHANTABILI1J A~D FITNESS fOR A P!oRTICULAR.,PURPQSE ANP A1,l:, OTJjER .WARRANTIES,
EXPRESS OR IMPLlEO ARE EXCLUDED BY YOU FROM THIS TRANSACTIO~ ANO SHALL NOT APPLY TO THE GOODS SOLD. I UNDERSTAND THAT YOU MAKE NO WARRANTIES' WHATSOEVER
REGARDING THE UNIT OR ANY APPLIANCE OR COMPONENT CONTAiNED THEREIN, EXCEPT THAT AS MAY BE REQUIRED UNDER APPLICABLE STATE LAW. .
l 11. 'MANUFACTURERS WARRANTIES. I UNDERSTAND THAT THERE MAY BE WRITTEN WARRANl'fES CDVERING THE UNIT PURCHASED, DR ANY APPLIANCE(S) DR COMPONEHTIS),WHlCH:
HAVE BEEN PROVIDED BY THE MANUFACTURER OF THE UNIT OR MANUFACTURER OF THE APPLlANCEIS) OR COMPONElO'S:, YQlI.Wlu"QI1/E'~E COPIES DF.ANYAND Af.!,;.W81Tl'~ IVARRAN-'
TIES SUPPLIED BY THE ~ANUFACTURERS. .OELlVERYBY YOU TO ME OF THE WARRANTY BY THE MANUFACTURER OF THE UNIT PURCttASEO, OR ANY ApP,UAHCEIS) Oft. CO~NENT(S)'
ODES NOT MEAN YOU ADOPT'THE'WARRANTYIS) OF SUCH MANUFACTURERISI.I ACKNOWLEDGE THAT THESE EXPRESS WARRANTIES,MADEllUHE MANUFACTURE/l(Sl)i~VE ~OT BEEN,
MADE BY YOU EVEN If THEY SAY YOU MADE THE,. OR SAY YOU MADE SOME OTHER EXPRESS WARRANTY. YOU ARE NOT AN ~GENT OF THE MANUFACTURERIS) FOR WARRANTY PURPOSES
EVEN IF YOU COMPLETE, OR ATTEMPTTD COMPLETE REPAIRS fOR THE MANUFACTURER(S). " '-',', ':l \, .'," ',,: ..... '".:-t\ :
12. LIMITATION Of DAMAGES. IF THE MANUFACTURERIS)' WARqANTY IS LIMITED TO REPAIR OR REPLACEMENT AND SUCH WARRANTY FAll,S BECA,\lS~. Of ATTEMJ;J;"AT REPAIR ARE:
NOT COMPLETED WITHIN A REASONABLE TIME OR THE MANUFACTURER(S) HAS IttAVE) GONE OUT OF BUSINESS,I AGREE, THAT IF I AM ENTITLED.TO'ANY-OAM>\GES AT Ali-'lIllAlNST YOU"
MY DAMAGES ARE LIMITED TO THE LESSER OF EITHER THE COST OF NEEDED REPAIRS OR REDUCTION IN THE MARKET VAL.U~ OF THE UNIT CAUSED BY THE LACK OF ilfPAlRS.IN ANY
CASE, YOU WILL NOT BE REQUIRED TO PAY ME ANY INCIDENTAL OR CONSEOUENTIAL DAMAGES. I ALSO AGREE THAT ONCE LHAVE'ACCEPTED THE UNIT, EVEN THOUGH THE llANUFACo
TURER(S!, WARRANTY DOES NOT ACCDI4PLlSH IT'S PURPOSE, THAT i CANNOT RET~RN THE UNIT TO YOU AND ~EEK A REFUNDEQR~Y REASON. i
13. IN$URANCE, I L1~er~tanq ttm~ l..arl'! not covere,d by insurance on the unit purchased until accepted by ~ insura~ce compan~, and I a9re~ hold you harmless tram any and all claims .~~e to loss or j
9amage prior to acceptance 01 Insurance COverage by an Insurance company,,' !
i 14. CON1ROLLING !JlW.;'KD P""CE OF SUIT. lh, law at \h, Sl.te, in w\1i1:h I ,~n this contr3d. is Ihe law whi1:h i~ 10 b, used ill inl"prellnglh' 'erms at \he conlrad, You and I aglee thaI K any !lis"",,',
t>erween us IS submitted lo....a court fpr reGOlution, such legal proceeding shall take place in the county in which your principle offices are located. If under'stale law a spacial dispute resolution procepure or complaint'
~roce$s is available, I agree to the extent permitted by law that procedurE! ~haU be the,only method of re;iolution and source at remedies availaqle to me. .,.., '., . :' i i ,-, "":' ,,:.... ~L_d' .; :", :~,'.' 'i
15. ONE-YEAR pERIOD OF LIMITATION. I und'rstend and agre' IhaHI eilher 01 us '"ould breach thi, cOI1lrad-the olher of us sh~1I have only one year, aUer Ihe occurrence 01 thai br,ach, inwtllch to:
commence' an action for a breach of this co~lract.. ., , ,,' - -- - - -. - ;
~n~1fct :.tjt1,~~V~DREST OF CONlIlACT SAVED. You ana I agree Ihal. ~aCii portion .01IhiSXOn~~d ~s.ind,pe~'nl and il.ny paragraph or provi,ion violal" Ihe law .nd i, unenlorce~e, Ill, ~"I at Ibei
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17. DELI'IERY AND PLACEMENT. It you hava .included de.,ery ot the unil putchased iij tho pula"'s& pllce, OIil you quole a eIla'gelor delivery to my daslinalion, yOur agreement \tl~anspol\!he urjti
purchased, as weU as the price quotation made, is baSed upon my assurance that travel is along_ accep!able al.I.~y!eath.er s~rfaced roads, fully open and accessible, fIE!'! pointof origin II? point 01 deliV8fy. during the I
penod reqUired lor transportation. I assume aU re.~ponsibiJjty for the proper preparation of my property 10 both receive and locate the unit purchased. If you must hire extra labor and,'(J.equipmenl,11'I order to deliver
and place ttle unit purchased because 01 something nofpreviously disclosed to you, I will pay for alllhose additional COSls, I understand that you dO not guarantee pr~.placemenl unless a 'concre;e pier, running!
be.ov. me jru~\\p;, ~~iifst been prepan;d._l w~l pay 101 allla'oor and material costs \0 fe-'1e1. the unit when caused by Mure settling or sinldng lesulbng flam lai'l\lIe 10 provide a klundauoo approved by \he Slaw \
Ot Local Cod,irl VlhIcti tfie home is sited. ,'understancllhat the S,ewer Olust be stubbed out 01 the ground, the waterline must be capped and the electric _line connected to a meter pole w_ith a proper receptaCle!
Wil~iln 20 leel 01 the ele.Gtric boll inside 01 the home. I understand .t,hat unless ~therwis~ provided on the other side 01 this cont/act, Ihe unit purchased IS sold by you F.O.B. your 101 and I am responsible lor;
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1q. CqNNECTIONS, PERMITS AND CHANGES, I under'land that you are nol permiilad 10 ma,e ~umhing or electricalCOllnections or connection 01 certain natural gas or Propane ,ppliOnces whei.."'le ori
local or~n4(1Ce'l~U{r~ a llGensed plumber or eleclrician ~ this work. ,I understand that you. are not ~ponsible for o~l~ining health or .sanitatiori_pennits:. nor for ~ny local: county,' or: state pennits required because I
01 ,estr;~lv~zomn~: tunders{and that y~u ~l! not responsible for making changes 10 plumbmg, electrIcal or constrt!cllon changes reqUlfeQ, by ~qeCi~1 bu\lding ordinances or ta~~., I WIll. pay the, costs Ie,>!, ar:ty ,ptl~es :
~~lorc.omPtrancewithlocal,countyorstatelawsorzoning'equirements. ' .':'. 1'1,. . ,'._" ',_", l"".':'::"'_',:~,
~ .' 19. -NOTICE' OIG'IIDTH LIMITATIONS. I heveileen'inlorma,iof1he lenglll and width limiteuOl1s, as of th, date>~1 thi, contraci, now enton:,dln' lIle' ;everal Stetes: or p;m..ces of-Canad.. ~ l~:",.y~;
10 Ih, moveinep\ 01 nlanul.C\ured t1Qf\I" ovef'\I!f ~u~lic highways" and lb. lad fh.l ,pedal permil5 ill' reqlJired. I understand Ihal.'Dm' ,"'tes, pr)h~ province1 01 Can'd~>m.y. nol granllhe required perml'"
where the siz~ ~.~ceeds the S~h!19~'I!'axi?\lJ{ll, 11,!!!p.ase.!~. l p. .~ n!~llYPUJ~. ~gns~ and the manufacturer and Its assigns, from any and all demands, suits or counler-claims, based on the size of the unit purchased, if
! "coeds lOeJ";iI;llions ~\IG!!>\0' ~y la!"I1' ~ll'/-AI\tate\\l'l' provil\Ce.. .
This form is prote.Cl:ed under Federal Copyright Laws, as filed by Jenkins Business Forms. Any reproduction without its ellpress written cOnsent is subject 10:'tagalliBbilily;.'jenkins Bus~ 'F'ofrnS does not give
legal ad\lice nor represent an~ particular l~a~ effeGf, as .resulting from the Use of !his form, If the user does not understand any terms, or legal e~ect, see competent legaf counsel. .,
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VERIFICATION
l. Jame. Spangler her~by Swear 0' affirm that the facts 'ot forth il1 the foregnil1g Arswer
",II" !,'ew Matter are true and coo-ect to the "cst afmy infonnatiotl. knowledge and
bdte(, and that false statements Mrein are made subject to the penallles or 18 Pa. C.S.!'.,
Section 4904 :.I.I:og to ut'swom falsi/icatlon III author"ies,
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CERTIFICATE OF SERVICE
AND NOW on this 1i1/day of October, 2000, Robert P. Reed, Esquire, heTeby certify
that I served the within Answer with New Matter this day by depositing the same in the
United States mail, postage prepaid, in Camp Hill, Pennsylvania, addressed to:
Ronald A. Turo, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
LAW OFFICE OF ROBERT P. REED
~/~
BY:
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, P A 17011
717 909-6637
Attorney's J.D. No. 15624
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DWAYNE AND KIM WOMER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Ys.
No 00-5687 CIVIL ACTION
CUMBERLAND VALLEY
CAMPING CENTER, INC.
Defendant
JURY TRIAL DEMANDED
Ys.
REESE PRODUCTS, INC.,
Additional Defendant
NOTICE TO PLEAD
TO: Reese Products, Inc.
51671 State Road
19 North
Elkhart, Indiana 46515
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 OT by
attorney and filing in writing with the Court your defenses of objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
LAW OFFICE OFROBERT P. REED
BY:
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Robert P. Reed, Esquire
3461 Market Street
Camp Hill, PA 17011
717 909-6637
Attorney's LD. No. 15624
Dated: 1& - (7 - CO
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DWAYNE AND KIM WOMER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
vs,
No 00-5687 CNIL ACTION
CUMBERLAND VALLEY
CAMPING CENTER, INC.
Defendant
JURY TRIAL DEMANDED
vs.
REESE PRODUCTS, INC.
Additional Defendant
COMPLAINT AGAINST ADDITIONAL DEFENDANT
AND NOW, comes the Defendant by its Attorney, Robert P. Reed, Esquire, and
represents the following:
1. Defendant, Cumberland Valley Camping Center, Inc., is a Pennsylvania corporation
having a place of business at 7050 Carlisle Pike, Carlisle, Cumberland County,
pennsylvania 17013.
2. Plaintiffs, Dwayne Womer and Kim Womer, are husband and wife, and are adult
individuals residing at 7055 Spring Road, Shermansdale, Perry County, Pennsylvania
17090.
3. Additional Defendant, Reese Products, Inc., is a corporation organized and existing
under the laws of the State of Indiana, and has its principal office at 51671 State Road
19 North, Elkhart, Indiana 46515.
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4. Additional Defendant, Reese Products, Inc., regularly conducts business within the
Commonwealth of Pennsylvania.
5. Claimants have filed suit in the Court of Common Pleas of Cumberland County,
Pennsylvania, to the above term and number, asserting causes of action arising out of
an incident occurring on October 31, 1998, on Interstate 95 in Cumberland County,
North Carolina. A copy of the Plaintiffs' Complaint is attached hereto as Exhibit A.
6. The Plaintiffs assert that their cause of action arises out of the use of a Reese 350
Mini Liteweight Weight Distribution System hitch together with a
Fleetwood/Coleman Grandview SP camper traileT, which combination was sold to
them by the Defendant, Cumberland Valley Camping CenteT, Inc. Plaintiffs further
contend that said hitch was inappropriate for application to their 1996 Toyota
4Runner thereby leading to the accident resulting in damages.
7. Defendant, Cumberland Valley Camping Center, Inc., has filed an Answer with New
Matter denying the Plaintiffs' claims. A copy of said Answer with New Matter is
attached hereto and incorporated herein as Exhibit B.
8. In identifying and selecting the Reese 350 Mini Liteweight Weight Distribution
System hitch, Defendant's agents relied on the advertisements and promotional
literature of the Additional Defendant, Reese Products, Inc., which informed them
that said hitch was appropriate for use with Fleetwood/Coleman trailers with side
mounted swing away jacks, which fit the description of the 1998 Fleetwood/Coleman
Grandview SP camper trailer.
9. Examples of said advertising and promotional literature are attached hereto as
Exhibits C and D respectively.
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10. Without admitting the allegations set forth in the Plaintiffs' Complaint, the
advertising and promotional literature referred to in the foregoing paragraph, on
which the Defendant's agents reasonably relied, was incomplete and misleading,
failing to alert or inform the Defendant's agents that the combination sold might be
inappropriate for use with a 1996 Toyota 4Runner.
COUNT I
BREACH OF EXPRESS WARRANTY
II. The averments contained in paragraphs one through ten above are incorporated herein
by reference as though set forth at length.
12. Additional Defendant, Reese Products, Inc., is a merchant within the meaning of the
Uniform Commercial Code and at all times relevant hereto did hold itself out as a
merchant in the business of selling, promoting, and distributing trailer hitches and
accessones.
13. The representations made by the Additional Defendant in its advertising and
promotional material were express warranties within the meaning ofthe Uniform
Commercial Code.
14. Additional Defendant breached its express warranty by failing to inform successors in
the chain of distribution that use ofthe Reese 350 Mini Liteweight Weight
Distribution System hitch may be inappropriate for applications with vehicles such as
the Plaintiffs' 1996 Toyota 4Runner.
15. Should Defendant be found liable to the Plaintiffs, which liability is expressly denied,
then it is averred that Defendant is entitled to a judgment of contribution andloT
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indemnity, as may be appropriate, against the Additional Defendant for all sums
which may be adjudged against it.
WHEREFORE, Defendant demands judgment against the Additional Defendant for
contribution and/or indemnity, as may be appropriate, for any sums which may be
adjudged in favor of the Plaintiffs and against the Defendant.
COUNT II
BREACH OF IMPLIED WARRANTY
16. The averments contained in paragraphs one through fifteen above are incorporated
herein by reference as though set forth at length.
17. Additional Defendant did sell, and place into the chain of distribution and commerce,
a product that was impliedly warranted to be merchantable as a product that could be
applied safely to the towing of Fleetwood/Coleman trailers with side mounted swing
away jacks.
18. Additional Defendant breached the implied warranty of merchantability because its
product was not appropriate or recommended for use with the Plaintiffs' Toyota
4Runner vehicle, which fact was not revealed in the Additional Defendant's
advertising and promotional literature.
19. As a direct result of the breach of the warranty of merchantability as provided by the
Additional Defendant, the Defendant is entitled to a judgment of contribution and/or
indemnity, as may be appropriate, against the Additional Defendant for all sums
which may be adjudged against it.
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WHEREFORE, Defendant demands judgment against the Additional Defendant for
contribution and/or indemnity, as may be appropriate, fOT any sums which may be
adjudged in favor of the Plaintiffs and against the Defendant.
COUNT III
NEGLIGENCE
20. The averments contained in paragraphs one through nineteen above are incorporated
herein by refeTence as though set forth at length.
21. Additional Defendant was negligent in Tecommending the use of the Reese 350 Mini
Liteweight Weight Distribution System hitch for Fleetwood/Coleman trailers with
side mounted swing away jacks when said hitch was not, in fact, appropriate for use
with such tow vehicles.
22. Plaintiffs have alleged that their accident of October 31, 1998, with consequent
damages, was caused by the use of the subject hitch with their 1996 Toyota 4Runner.
Should the Plaintiffs be able to establish their cause of action then it is averred that
Defendant is entitled to a judgment of contribution and/or indemnity, as may be
appropriate, against the Additional Defendant for all sums which may be adjudged
against it.
WHEREFORE, Defendant demands judgment against the Additional Defendant for
contribution and/or indemnity, as may be appropriate, for any sums which may be
adjudged in favor of the Plaintiffs and against the Defendant.
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COUNT IV
FRAUDULENT MISREPRESENTATION
23. The averments contained in paragraphs one through twenty-two above are
incorporated herein by reference as though set forth at length.
24. Additional Defendant, through its agents, did fraudulently misrepresent to the
Defendant that the Reese 350 Mini Liteweight Weight Distributing System hitch was
appropriate for use with the Fleetwood/Coleman traileT, which claim the Additional
Defendant knew or should have known was fraudulent and a material
misrepresentation.
25. Plaintiffs have alleged that as a direct result of the use of said hitch they were caused
to suffer an accident on October 31,1998 with consequent damages. Should the
Defendant be found liable to the Plaintiffs, which liability is expressly denied, then it
is averred that Defendant is entitled to a judgment of contribution and/or indemnity,
as may be appropriate, against the Additional Defendant for all sums which may be
adjudged against it.
WHEREFORE, Defendant demands judgment against the Additional Defendant for
contribution and/or indemnity, as may be appropriate, for any sums which may be
adjudged in favor of the Plaintiffs and against the Defendant.
COUNT V
PRODUCTS LIABILITY-NEGLIGENCE
26. The averments contained in paragraphs one through twenty-five above are
incorporated herein by reference as though set forth at length.
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27. The Reese 350 Mini Liteweight Weight Distributing System hitch was received from
the Additional Defendant, and sold to the Plaintiffs without substantial alteration.
28. Plaintiffs have alleged in their Complaint that the subject hitch was dangerous and
defective for the use for which it was intended. Should Defendant be found liable to
the Plaintiffs on said count, which liability is expressly denied, then it is averred that
Defendant is entitled to a judgment of contribution and/or indemnity, as may be
appTopriate, against the Additional Defendant for all sums which may be adjudged
against it.
WHEREFORE, Defendant demands judgment against the Additional Defendant for
contribution and/or indemnity, as may be appropriate, for any sums which may be
adjudged in favor of the Plaintiffs and against the Defendant.
COUNTY VI
PRODUCTS LIABILITY-STRICT LIABILITY
29. The averments contained in paragraphs one through twenty-eight above are
incorporated heTein by reference as though set forth at length.
30. Additional Defendant knew that the Reese 350 Mini Liteweight Weight Distributing
System hitch would be used in a manneT intended by the Defendant and the Plaintiffs
without inspection for defects.
31. Plaintiffs have alleged in their Complaint that the hitch was dangerous and defective.
Should the Plaintiffs be successful in establishing their cause of action, it is averred
by the Defendant that said defect and dangerous condition was present at the time it
left the hands of the Additional Defendant.
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32. Should Defendant be found liable to the Plaintiffs, which liability is expressly denied,
then it is averred that Defendant is entitled to a judgment of contribution and/or
indemnity, as may be appropriate, against the Additional Defendant for all sums
which may be adjudged against it.
WHEREFORE, Defendant demands judgment against the Additional Defendant for
contribution and/or indemnity, as may be appropriate, for any sums which may be
adjudged in favoT of the Plaintiffs and against the Defendant.
COUNT VII
VIOLATION OF UNFAIR TRADE PRACTICES ACT
33. The averments contained in paTagraphs one through thirty-two above are incorporated
herein by reference as though set forth at length.
34. Additional Defendant, was, at all times relevant to the Plaintiffs' cause of action,
engaged in trade and commerce as defined in the Peunsylvania Unfair Trade Practices
Act, 73 P.S. Section 201-1 et seq.
35. Additional Defendant, at all times relevant hereto, engaged in an unfair and deceptive
practice by indicating, in its advertising and promotional literature, that the Reese 350
Mini Liteweight Weight Distributing System hitch was appropriate for use with
Fleetwood/Coleman trailers with side mounted swing away jacks, without warning
that said hitch may not be appropriate for use with a 1996 Toyota 4Runner.
36. Should Defendant be found liable to the Plaintiffs upon the cause of action stated in
Count VII ofthe Complaint, which liability is expressly denied, it is averred that
Defendant is entitled to a judgment of contribution and/oT indemnity, as may be
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appropriate, against the Additional Defendant for all sums which may be adjudged
against it.
WHEREFORE, Defendant demands judgment against the Additional Defendant for
contribution and/or indemnity, as may be appropriate, for any sums which may be
adjudged in favor ofthe Plaintiffs and against the Defendant.
LAW OFFICE OF ROBERT P. REED
BY: ~~~//
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, PA 17011
717 909-6637
Attorney's LD. No. 15624
Dated: /t7~ 17-670
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EXHIBIT A
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DWAYNE AND KIM WOMER
Plaintiff
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:IN THE COURT OF CGMfV10N PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:No.OO-'" 5H 7 CIVIL ACTION
v.
CUMBERLAND VALLEY CAMPING
CENTER, INC.
Defendant
:JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you 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 of for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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DWAYNE AND KIM WOMER
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:No. 00-0-
CIVIL ACTION
CUMBERLAND VALLEY CAMPING
CENTER, INC.
Defendant
:JURY TRIAL DEMANDED
COMPLAINT
1. Dwayne L. Womer is an adult individual currently residing at 7055 Spring
Road, Shermans Dale, Perry County, Pennsylvania, 17090.
2. Kim M. Womer is an adult individual currently residing at 7055 Spring
Road, Shermans Dale, Perry County, Pennsylvania, 17090.
3. Cumberland Valley Camping Center, Inc. is a Pennsylvania Corporation
with its last known address as 7050 Carlisle Pike, Carlisle, Cumberland County
Pennsylvania, 17013.
4. The Plaintiffs are the owners of a 1996 Toyota 4Runner vehicle and were
the owner of said vehicle at all times relevant to this action.
5. In June, 1998, the Plaintiff's did appear at the business premises of the
Defendant which business is for the expressed purpose of selling recreational and
camping vehicles and equipment.
6. The Plaintiff's, at that time, advised the Defendant, through it's agents,
that they wished to purchase a camper which would be suitable with use with their
aforementioned 1996 Toyota 4Runner.
7. The Defendant and its a!;lents did affirmatively hold themselves out as
experts in the recreational vehicle and camping industry and did advise the Plaintiff's
that they would identify an appropriate Coleman trailer and hitch for their purchase and
use with their 1996 Toyota 4Runner vehicle.
8. Following further information to Plaintiff's by Defendant's, and with the
assurance that the recommendations be made by the Defendant's were proper and
appropriate, the Plaintiff's did purchase the aforesaid Coleman camper, specifically a
1998 Coleman Fleetwood Folding Trailer, Grandview SP.
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9. As a direct consequence of Defendant's recommendation to the Plaintiffs,
the Plaintiffs also purchased a Reese 3501b. Weight-distributing hitch with adapter kit
which hitch was installed by Defendant's on Plaintiffs' vehicle and camper at the time of
the purchase of the aforesaid purchase.
10. At all times relevant hereto the Plaintiffs were advised by the Defendants
that said hitch was necessary and appropriate for the use of their 1996 Toyota 4Runner
vehicle with the purchase Fleetwood Coleman camper.
11. On October 31, 1998, the Plaintiffs began a trip to Disney World in the
State of Florida from their home in Perry County, Pennsylvania.
12. At approximately 1 :40 a.m. while traveling South on Interstate 95 in
Cumberland County in North Carolina, the Plaintiffs did experience out of control
swaying by their camper which ultimately caused a loss of control of the vehicle and an
accident to ensue.
13. At the said time and place of the said accident Plaintiff Kim Womer was
driving the vehicle in a lawful, careful, safe and prudent fashion.
14. At the said time and place of the said accident, the aforesaid camper,
properly attached to the weight distributing hitch as recommended by the Defendant did
begin to sway violently and as a direct consequence of such swaying, Plaintiff Kim
Womer was unable to control the movement of the vehicle and ultimately the vehicle left
the traveled portion of the roadway into the median thus causing an accident.
15. At the said time and place Plaintiff Dwayne Womer, Plaintiff Kim Womer
and the Plaintiffs two children, Aaron and Ashlyn Womer were all in the vehicle at the
time and were injured as a result of the accident caused solely and completely by the
out of control swaying of the camper attached to the weight distributing hitch.
16. As a sole and direct consequence of this accident, Plaintiffs have suffered
the loss of equipment, additional cost and expenses due to additional food and lodging
costs, damage to their vehicle and personal belongings, significant other damages,
which losses are in excess of $25,000.00.
17. As a result of this accident and as a result of the investigation caused by
the Plaintiffs the Plaintiffs discovered that the specifications for their 1996 Toyota
4Runner vehicle specifically excluded the use of the hitch that was recommended,
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purchased from and installed by the Defendant which recommendation is outlined more
completely in Exhibit A attached hereto.
18. The Plaintiff's also discovered, subsequent to the accident, a warranty
warning from Fleetwood which required a sway control device, but not a weight
distributing hitch. See Exhibit B.
19. As a result of Plaintiffs thorough investigation into this matter, it was
determined that the hitch recommended by, purchased from and installed by the
Defendants in this case was in fact a weigh distributing hitch which was specifically not
recommended for use with the Toyota 4Runnervehicle as outlined in the 1996 owners
manual. A copy of the specification and installation requirements for this hitch are
attached as Exhibit C.
COUNT I
BREACH OF EXPRESSED WARRANTY
20. Paragraphs 1-18 above are re-alleged and re-incorporated as if set forth in
their entirety.
21. Defendant is a merchant within the meaning of the Uniform Commercial
Code and at all times relevant hereto did hold itself out as a merchant in the business of
selling, servicing and recommending recreational camping equipment.
22. The statements and recommendations made by Defendants and its
agents to the Plaintiffs were expressed warrantees within the meaning of the Uniform
Commercial Code.
23. Defendants breached their expressed warrantees to Plaintiffs by failing to
furnish a product that confirmed to the warrantees given. Plaintiffs have given
Defendant notice of the non-conformity and demanded that they cure the same, but
Defendants have failed to do so.
24. As a result Plaintiffs have incurred thousands of dollars in claims and
losses for the product's failure performance promise, for damage to their property and
for injuries suffered as more fully set forth above.
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WHEREFORE, Plaintiffs demand judgment in their favor in a sum of excess of
$25,000.00.
COUNT II
BREACH OF IMPLIED WARRANTY
25. Paragraphs 1-24 above are re-alleged and re-incorporated as if set forth in
their entirety.
26. Defendants, as set forth more fully above, did sell to Plaintiffs a product
that was impliedly warranted to be merchantable as a product that could be applied
safely to the towing of the said Coleman camper in conjunction with the Plaintiffs Toyota
4Runner vehicle.
27. Defendant breached the implied warranty of merchantability because its
product was not appropriately sized, fitted or appropriate for use with the Toyota
4Runner vehicle of the Plaintiffs which failure was as a direct result of the DefEmdants
failure to comply with their implied warranty of merchantability.
28. As a direct result of the breach of the warranty of merchantability as
provided by Defendants to Plaintiffs, the Plaintiffs have suffered losses in excess of
$25,000.00.
WHEREFORE, Plaintiffs demand judgment in excess of $25,000.00.
COUNT III
NEGLIGENCE
29. Paragraphs 1-28 above are re-alleged and re-incorporated as if set forth in
their entirety.
30. Defendants were negligent in recommending to the Plaintiffs a hitch and
trailer combination that was not appropriate for the Plaintiffs vehicle and, further,
Defendants were negligent in installing said hitch to the Plaintiffs vehicle in direct
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violation of the recommendations of the manufacture of the vehicle as set forth in the
owner manual which is marked as Exhibit A.
31. The Defendant and its agents were negligent in failing, at all times
relevant hereto to fully and adequately investigate the technical and other requirements
of the Toyota 4Runner vehicle and did, negligently and in direct contravention of the
duty owed to the Plaintiffs, did recommend a hitch that was the sole and proximate
cause of the accident of the Plaintiffs on October 31, 1998 as setforth more fully above.
32. As a direct consequence of the Defendants negligence, the Plaintiffs did
suffer an accident on October 31, 1998 and, as a direct result of said accident, did
suffer significant losses as set forth more fully above.
WHEREFORE, for all the above reasons, Plaintiffs request judgment in
their favor in amount in excess of $25,000.00.
COUNT IV
FRAUDULENT AND MISREPRESENTATION
33. Paragraphs 1-32 above are re-alleged and re-incorporated as if set forth in
their entirety.
34. Defendants and its agents did fraudulently misrepresent to the Plaintiffs
that the said Reese Weight Distributing Hitch was necessary and appropriate for use
with the Coleman Camper and a Toyota 4Runner vehicle, which claim the Defendants
knew or should have known was fraudulent and a material misrepresentation.
35. As a direct result of the fraudulent misrepresentation of the Defendants to
the Plaintiffs, the Plaintiffs did rely on said misrepresentation and did purchase this said
Reese Weight Distributing Hitch and Coleman Camper for use with their Toyota
4Runner vehicle and, as a direct result of said purchase, did suffer the accident as set
forth more fully above on October 31, 1998 which caused the losses noted above.
WHEREFORE, for all the above reasons, Plaintiffs request Judgment in
their favor in excess of $45,000.00.
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COUNT V
PRODUCTS LIABILITY - NEGLIGENCE
36. Paragraphs 1-35 above are re-alleged and re-incorporated as if set forth in
their entirety.
37. As set forth more fully above the Defendant and its agents did so
carelessly, negligently and recklessly design, construct, install, sell and distribute to
Plaintiffs a certain product which Defendants knew or in the exercise of reasonable care
and diligence should have known, was dangerous and defective to the Plaintiffs which
product was not appropriate for the Plaintiffs vehicle in which, in fact, did cause harm,
damages and injuries to the Plaintiffs as a result of such defective and dangerous
condition.
WHEREFORE, for all the above reasons, Plaintiffs request judgment in their
favor in excess of $25,000.00.
VI
PRODUCTS LIABILITY - STRICT LIABILITY
38. Paragraphs 1-38 above are re-alleged and re-incorporated as if set forth in
their entirety.
39. As set forth more fully above, Defendants and their agents knew that such
product would be used and in fact was used, and in a manner intended by Defendants,
without inspection for defects and, further, that as a result of the dangerous and
defective condition of the product, as described above, a defect known or should a
defect known by the Defendants to have existed or in which in fact existed and when left
in control of the Defendants, Plaintiffs did suffer the injuries and damages as alleged
above.
WHEREFORE, for all the above reasons, Plaintiffs request judgment in their
favor in excess of $25,000.00.
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COUNT VII
VIOLATION OF UNFAIR TRADE PRACTICES ACT
40. Paragraphs 1-39 above are re-alleged and re-incorporated as if set forth in
their entirety.
41. The Defendants, at all times relevant hereto, were ingaged in trade and
commerce as defined in the Pennsylvania Unfair Trade Practices Act, 73 P.S. 9201-1 et
seq.
42. The Defendants were, at all times relevant hereto, engaged in unfair or
deceptive acts or practices as set forth more fully in the Unfair Trade Practices Act.
43. As a direct result of the actions of the Defendant, all in violation of the
Unfair Trade Practices Act, the Plaintiffs have suffered a loss of money and property in
excess of $25,000.00 and are therefore entitled, pursuant to the provisions of the
Pennsylvania Unfair Trade Practices Act, an award of actual damages, triple damages
and costs and reasonable attorney's fees.
WHEREFORE, for all the above reasons, the Plaintiffs request judgment in their
favor in an amount in excess of $25,000.00 plus treble damages, plus costs and
attorney's fees.
Respectfully Submitted
TURO LAW OFFICES
v/ r/C{)
Date
Ron Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiffs
T RUE COpy FROM RECOHD
In Tostlmony WMI'OO!, I here unto SBt my haflO
and tM lloo! of $!lId Court at Carl!sl~. PlI.
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Ma"nual
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For your safety and comfort;
read carefully and keep in the vehicle.
4~unnER
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trailer cargo load should be
ributed so that the tongue load
3 to 11 % 01 the totel trailer
~ht. not exceeding the maximum
~he !oUowing. Never load the
er with more weight In the back
, in the front. About 60 0/0 of the
er load should be in the front
of the .trailer and the remaining
.0 in the rear.
3RZ-FE engine
158 kg (350 lb.)
5VZ-FE engine
226 kg (SOD lb.)
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HITCHES
· Use only a welghl carrYing h"ch' de.
c;'gned for the 10lal Irader weigh!. !oyo.
:<1 dflC~ not fecol"!'ln"lend uSing a wel9hl
1 ~.'r'~',::II"'I" i!"".:l:-J f''1l;;JI'''nQ\ "'Ilr!'-
. Tt-~[' .1I:r:.~ ~'1;5: tlfO hnlted ~er.llre'v :r:
:he \ich'Cle lr~rne and Illstalled acco:d
I"g 10 Ih~ hllch manu1rlClurer's InSlruc'
!tons
. The.hltch bait and kIng prn should have
a ,llgt,! coal 0' qre.:1SC
. T("vo:rl 'f:lr:o.......,cr.r:ls rn!110V1"g the hlICr-
.....'~p... "Cl~ :OWI'~O :n DU'!V~"!I"'1JlH'" af'ld'f)!
damage due :0 tne hllch In event 01 11
rear end CollISion Aller removal of the
hllch. seal Ihe InstallatIon area to pre.
vent entry of exhaust fumes and mud.
NOTICE
Do not use an axle-mounting hitch as
it may cause damage to the a1tle
housing, wheel bearings. wheels and
or tires.
BRAKES AND SAFETY CHAINS
. Toyota recommends trailers with
brakes that conform to any appllca.
ble rederal and state/provincial regu-
lations.
. A safety chain must always be used
between the towing vehicle and the
trailer, Leave sufficient slack in the
chain for turns, The chain should
cross under the trailer tongue to
prevent the tongue from dropping 10
Ihe ground in case it becomes dam-
aged or separated, For correct safely
chain procedures. follow the hitch or
trai.ler manufacturer's recommenda-
tions.
CAUTION
. If the total trailer weight exceeds
453 kg (1000 lb.). trailer brakes are
req u ired
. Never tap into your vehicle's hy.
draulic system as it would lower its
braking ellectiveness.
. Never tow' a trailer without using a
safety chain securely attached to
both the trailer and Ihe vehicle, It
damage occurs to the coupling unit
or hitch ball. there is danger of the
trailer wandering over into another
lane.
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TrililC?r lowing
~qr",('f' 'S ;j1~SI!;P'\P.t1 Q(Jf"'ar,!y "s. ..l
"~H?"~e'-RPo-,1~,."l'C,'UYll"\g vl!nl~le i~",.
'''; 'I -'Il':,!,' \OoLII -'.;:1\1(1 an aClVe'5lJ enE-C' 0"
I. ".:l 'l ~,p."Cr"'3"'e t:"C1l("~g Cl.Jra!:o I,.
\~ '~CV"I''''~ l~n:O: ,:O":;..."iL~l.,~'
....' ~,l't':'(\i "I '~ ;;l~-SI,~i."C!l", jeOt"'::
.:.".)::'~' .,",.'
'':C'''~C. ~c:..,.lJ" ': .
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WtIG~.H LIMITS
B€-lore towIng 1'T'131.te sure the lolal lri'lil.
e~ wt'-19t'1! gr05& C'Omb,nallon wtlgnt
;';:lSS ...~hlctl! weIght. gross a.rlf we1gl"q
I'l"d !raller to"9UI!' IOi'd are afl withrr'i
tnt,t I lITII a.
',"- 'o;~! Ited\?( We'9!?' a."o :ongue :::>ac
:.H "'easl.l'eo 'NIIl'" c1anor,.., SC,;IE!~
.': ....! ... !"",9h.....<.'ly WP1CJM''''g SI31'0" l:h;lld
~..:.o:ll" COI""lOi1"',/ IruClo.'''g c:omo?,.~."
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CAUTION
. The tollll Irailer w~i9ht (lroililer
welghl plus ;15 targo IO;ld') must
nI)l .;o-Cf:led the lollowil"l9 E~c:eedp'.9
1/'1 ~ w!!lqht is dangerous l! lowiT"tg
,~ l.,;dle-r over 9Q7 ~g (:2000 Ib) II
IS r'~CCS5(iry 10 use (! sw"y con'rol
dL'YICP' vnth ,'I sulllcrerll c."paC1ly
.1RZ-I=E engine
1567 kg 13500 Ib)
SVZ-FE I!ngi"e
1<67 kg (5000 lb.)
. T~,c gross cor'T"tbin(llion weight \$UfT1
0/ your ",..,.!'lieh? weigt'll pI..,!> ils load
~nd !he lot,,) lrail~r weighq mus1
not exceed lhll: tolJowlng,
Two-w~eel drive models
JAZ....FE engine
3447 kg (7600 Ib)
5VZ-~E engine
3992 k9 taMO lb.)
Four-whl1'~r drive models
3R1-~E ~n9ir.t!
3593 k9 [7900 Ib)
5 Vl-j:E e-ngine
0113 kg (9200 lb.)
iIItiiI. ~.~
ilkJl!;;':Z.,
PAl,E
04
::'--p
o
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.. The gross v@"HCI~ welg!'1t ......usf
excped the Cross ',It-~.cre Wel
Rating IGVWR) Indicated Or(
Cetlitlcl'Itiol'" LilIbel T~,!! grO$$ .",
ell! weight is Ih~ S\,JITI o! we-IghlS
Ihe unloadt'd vehIcle. d'fl\l~r, p
s.ngers. luggagt'. hilc" ;!lIr'ltj t'a
tongue: I03d. 11 also include!
W.I~"H or .ny 1I,peCial tquiom
inslalled on your vehicle
. The load on eIther l~e !ro"l or t
aJle fesullir'lg from dlslrlbvl1C'1"!
rl'\e gross "'el'\lc:l~ .....elgl"l\ Or'l b
'llles must nol u:ceed Ihe Grl
Al(te Weighl Aaling (C.AWRj lIS
on 'he Ct'rtiflcation Label.
..
'C" WARRANTY REGISTRATION
pn;L. .D'~='\~RM
E=1..:r.~'I"~~_
FOl.DING TRAIl.ERS, lNC,
R.D. #2, P.O. BOX 111
'-SOMERSET, PA'15501
814)445-9661 FAX (8'1414-43-7340, .
. . .
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..:-~w.tC1Yr\l'~r~l9,.natUle~. .. "aafal'Stgnature ~._.___.. ~..____
'~:r.roon:E;PI.;;,,~g"bQV. I?~J,~.(i1' C+,,,J/),i;':l.~." ~~____.__...____
. ';', 111.\11 .pur...h~,?er" slioLlld no! sign tt'iis '",tr.~"11ent ~;ff: ~arrn ndic<,jl+~ atll:lV{~ h~we b~,en f,l)(ptainod to his: S(1t~sfac:flon,
. T~e ",,, dealer . IS to $ond ~f,is fmrn to. fl1:~~twood Fo ding Trailers wil'h1n tml d<.lYs; of ~ho tfllail sale,
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. PUSTOrdER'S COpy
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1. MEASURE TRAILER COUPLER HEIGHT- Level trailer and measure frOm ground to top of ball
socket. . +1' , ....
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:'}~;th''''~'1,,,''f"~ .,.._,...-.ti:~.,.,."""~t1o,,,.,,:.,-,...i f".IH....'.--'.~ rr..-;":..:.<:..... ~........,,~~. :''''('\.0:''. "" ~n~...:l.,..~".... ......_ ..,.. '-....'" . ..,
2. AT-TACH-BALLMOUN"tTO HITCH BAR"(lnsert hitch bar into hitch boxand,install pull' pin al1~. '.'
lock in place with spring cotter. Install ball mount onto hitch bar. Move up 'or down for: ball height <.
nearest to coupler height. If halfway between hol~s, move to the higher position. Install bottom
bolt in ball mount with washers on each side and tighten nut enough to hold ball mount position.
3. SET BALLMOUNT ANGLE- With the trailer level, back the tow vehicle toa point where the
hitch ball is within a few inches of the coupler. Raise or lower trailer tongue to make the coupler
height the same as the ball height. Install the spring bar assemblies in ball mount as shown in
illustration, position the ends close to the trailer frame and remove slack by lifting end of bar.
Observe the relationship of the bottom of the bar enctto the top of the frame. For trailers with
light. tongue weights (less than 200 Ibs.) adjust the ballmount angle so that the bars are approxi-
mately 1 to 1.5 inches belOw the top of the frame. . .'
01998 REESE PRODUCTS,INC
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:"<'''~/JNGUE VEIGHTlrSS'1HAN 200 LBS' .
TDNGUE:IJEIGHT M/JRE: 'THAN .200o'i,BS
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4; COUPLE TRAILER'TQ VEHICLEi:<Using the tongue jack, raise the trailertongue and place .
coupler over ball,lpwerth~' couple~onto the ball, and close the coupler.. Drive tow vehicle iria straight
line to align trailer andtow vehicle. AS'Seinb.t~ slide bracket (28) andrejalnl!lQ plate (29)' to spring
, ...' ti........~. '.., - .,........~'... -.~. . '. .
bars as shoWn and secure With sE!lf taping screWs'(30):. ~einstall spring bar assemblies in the ball
moUnt as shown in the i1lustratlo~; R~lse the tongue and rear of.towvehlclecsothat the spring bars
. can be I.iftad leVel with. the tt;ip of the trailer frame: . '" ':.,. . . -
5. INSTALL THE LEFT SiDE BRACKET ~ (For this installation, the left side will corresPond to the
passenger side of the vehicle). Mark a line on the trailer frame approximately 28 inches from the
center qf the ball. With the center of the side b~R15Elt (31) aligned with this mark, temporarily Clamp
the bracketto the trailer frame. Position the spring bar over the side bracket (31) to determine if it is
centered (adjust the bracket if the spring bar Is oft center).
- 28'
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6. SECURET:HE SIDE BRACKET TO THE )=RAME-Install two 318" u-bolts (33) around the trailer
"'frame rail and secureWitli lockwashers (34) and nuts (35) as shown .in the figures below., Torque nuts
to 35 ft.,b:(lt maY be riecessaryto driIl1f2~' holes in frame crossmemtierStoallOiNthe u-bolts to be-.
'positiorfet:faroundtheframerail).. ::,'" _::,;--., :;' re,. ". .
,.. . ..... , :...!
SIDE
BRACKET
WU-BOLTS
SIDE BRACKET
,
"S' FRAME RAIL
(4" SHOWN DASHED)
'* NOTE: Be Sure to position the u-bolts on the frame as shown in the above diagram.
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7. MOUNT THE FRICTION PAD BRACKET -Markthe locationofthe.172dia. holes (11/64 drill) on .
. . - , !o,'p/',.. .',. . -' .' -.~
the friction pad (27) as shown if'l Fig 7 A. Place the friction pad on the side bracket (31) as shoWri in
'Fig 71?';and drill the~172dia holes f!1rough both the friction pad alldside braekets (countersink the '. .;
" holes lrithefriction pad bracket (27) so that theheadoftheself-tapping strew Is approximately. 118"- .
bElI~\'ls~~a~~)~~!~~~:~ ~~PL9.g sEf~~~~"~~oj;~~~~;~'~;~"'~I!.~r~'.;l}J:i~l ';~:".rlhcv",
, . '" .', . ...; . . '. . ..1'Amif~QfiIl(i .,~;(;..{ll~;'~~~l:lle,\~~iJ;.,(~:_,. .)!. '.~,1;',;.,.
, · NOTE: DO NOT overtighten the self tapping screws, thiS could damagE! the threads.. .
'.:n."(!t<!In:,"~~'9B!rll~llmJlSl:j.") ,,<.t,J ~lXltt!'~<+-'~f.'l~I.~~~/i.l)i1'''''''''~;~~~'~l .
. -~\1:.r.ne:,f:~ ,,-."q. ~..~.,..:~t. r~;';.~}'. ,.r::,~.: ' i :;:.~,_.... :.;_ ..,:. ^~', :" ";:~" jt~~~ \/'<< r:: ~'l',r..,,::,,::'.(1r:T"; r..'~ i (:~.:. . t J:;!".)vt.r;~.ifl.(.: .- ~';.! b:-~:-"J;~~,
.;:'~..~..a; .:.~ 'i~'.,.; "',:';i:~; H.f' ':-'J~L~'.. , .", ~ ;:10: '\:~~',:<':' ~_.~" ...... ;"., ~j'D~.Jr;~;;?}...r..': t,:."~; ::::,~:~;.., ~~;:':'h"..-.:' ;/.:: "!,i:~,..-l~~_~~;~'.~.. :j ;:~;:~~~ ~,,'
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FRICTION PAD BRACKET
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Fig. 7B
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SElFTAPPINGSCREWS .
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8. REPEAT FOR THE OTHER SIDE.
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G~!=RAL TIPS:
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- ~evlewt~~ owriers' mariuals forYo~rtOwinQ vehicle and trallerfcir~peCl1!crecommendaUonS;~' capacities, and require-
ments~ NEVER exceed the recoml'!lendedcapaclty for any component,of the hitch system, trailer, or tow vehicle. .'
-Good habRs for nonnal drlvl~ri~f~'~~h~~(tii~~r~~i:;~W~li~l=ii(~~~6:1~~~M-'i"~'~':: ..;
. braklng;iind,extni time .shoUld .,e'iillciWedforpasslng, stopplng~-8nd Changing 'Iaiies:>,,':,;::~:t!/i;, '. :;. . ;. '. .,.. .
.', >>,..",;-;Q,~E!~~J~ffif:ll~):~Ir.~.P.f"~~~~~~~~~~~!t.~mu;~ :1'\;;~,:'
, .. Propertraller loadIng Is Important... Heavy Items should be placed close to the floOl;nearthe trailer axle. The load . ....'"
should be balanced slde-ta-slde and f1nnly secured to prevent shlffing. Thngue welghtshould be about 1 D-15 percent of
. the grosstranerwelght for most traIlers. Too low a percentage of tongue welght~I'-~en produce. a t~ndancyto 1!m8y.
- ,'- .~1f: . ,'t..., . . .... .... )~~'~~'!1-'.' ,.:.<.' ,_,_': ..,'.,' ,
-. Remove the;hltch'when not towlng1o prevent contamlnaUon of head socketS:~ilCll;cIiahte'Of.strfkJi1g h~ on
driveway ramps or other obJects, minimize damage In the event of a rear-end coftlslon, orwh8ll Perfonnlng extreme
.tumlng:rrianluvers. .. .-'::~.,;:>': .....'..:_:-. . . ,. c'- . ... .."~"'-~~"':"'\>"".".~t;'-':".:-r.:!'~'~'';~~.."-1".~.'''......
WARNINGs:
.. . t/. '.. . . . ,'.... ," _ -" . , ,::1 .,..( . ..
- LOADED sAu.HEIGHTSHOuLo NEVER BE GREATERTHAN UNCOUPLED BALL HEIGHt' Front~eel overload
and loSs ofrearwhell traction can result, and cen lead to unstable handnng, reduced braking ability, arid a tendlincyto
"jaCklCnrte-When'tumlrigilndbraklngatthesametlme. . '. ..'; ,~. .
, ....,.. .... .
. . . . . ... ,
- DO NOT TOW MULTIPLE TRAILERS. Towing. multllple trailers may cause ~vere Instablllty,l.oss of control; struoturel
failure, and may result In vehlcle,accldent, property damage, and personal Injury. Towing rilultllple trailers Is Illegal In
many jurisdictions. .. . . . .
;1.
- Trailers should NOT be occupied ~"e being toWed, under any c1rcillnsiances....,
MAINTENANCE:
- At the beglnnlhgof every towing day:
. Add a drop of 011 at spring bar contae! araas with ball mount.
* Clean ball and couple!'s socket and coat ball lightly wI'.h grease.
* Checlc. to~e that all bolls are pniperlytlghtened and hitch pin and clIp. are securely In place.
* t;heclc. to see that eleclrlcalhoolcups are In WQrklng order, and that safley chains are co~nee!ed.
:;:;;~;.:.::.::.-:' .'
, '. .
,--- >.~.-.__...-
- Keep hitch painted to prevent nlst and maintain a good apperance (DoiiotPaI~ overl.abels). .
. .. .
- UnlesS specified otherwise by the towing vehicle ortraller manufacturer, tlresshould be Inflated to their maximum
. recommended pressure. . .--- . .
. .:'.::.--:.~.,
i '".. _ ,__ _ " .
HItches . custom Recet~ . SWay Controls
Reooo __ iIs ~ OIokmHitda'ReoOiwrr" IIllI ~CoalroIo liomdof. ofJiurdlooo Ipiast ddh:lI in IIIIIerioIIIllI ....~ lIIIlIer
_ _ IIId ........ onIiIwy..... IIllI teor ........." lOr lhe ........JUp Ii& oflhe crigiboI _ JIIII<h-.
Reooo ..m ft!lI- FREIl 01' CIIAROEmy IlIIt \\lidl. _.ddiC:tM it ~ or ~"""" II--.d III lIlY Reooo cIooIer, Reooo
w...... or """'" 10 ~.. '1'RANSl'QR.TAlON CIlAIlGES PREPAID. !II'!be ...... below" . ..' . WAItRAN'lY III UMmlD TO
b~..crn'B PAR:rs1tlll"l.ACEMl! ONLY. LABOlt CIlAIlG1lS ANIfo'01l DAMAGE INC:UIUlED IN INSTAI,lAnoN OR R!I'LAC:E-
MENT AS WElL AS INCIDENTAl. ~ CONSEQIlENTIAL DAMAGES CONN!CTI!D 'lHI!REWmI AIU! PXa.UDED.
.
_ _ do lICIt _lhe adUsIoa or 1imiIsII... of iIIcidedaJ or """"'1""101 ~ .. lhe ...... __ or adusiOIl rrw.y lICIt IppIy to
you. ..' . .
.~ .",.". to lhe JIifd!, 0Bl0m J\ltI:b _. IIllI _ ConlroI .. a ..-.It of........ obuso, oogJed. oocidod. improper ~ or my
;;;:.;.lodiYe of __ fbmisbed by or, WIlL VOID THE WARIlANIY. .
This """'""'Y sMs ,... opocific JepI ri&ID. IIllI you may aIoo have oIbcr rigllIs \\hicb wry liom _ III _ III lhe _ of a probI<m willi
-...r.y .... or ""r",_ ,... may be able to F III a lIlIIlII'dolms COUll, or a ft&nI cIislrict COUll, .
REESE Praducls, Inc. REESE Plllducts of Cane", LId.
51671 S1lIIIl Rood Il1-N, Elkhart, IN 46514 475 WyecroIl Road, OelM1le Onlarto, CanIde L8I<2H2
6I!10411N-41 NOV96A
C199SREESE PRODUCTS,INC
Ulho In USA
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VERIFICATION
We verify that the statements made in the foregoing Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. ~4904 re!ating to unsworn falsification to authorities.
Date
dfl::> Joo
Dw~~erW~
~)3/00
Date I
~;)~
Kim Womer
. .-i)}
. "
EXHIBIT B
...--..
. "
DWAYNE AND KIM WOMER
Plaintiff
vs.
CUMBERLAND VALLEY
CAMPING CENTER, INC.
Defendant
TO: Dwayne and Kim Womer
c/o Ronald A. Turo, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, P A 17013
-.
i , ,'- ~ :.Jt.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No 00-5687 CIVIL ACTION
JURY TRIAL DEMANDED
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed Answer with New
Matter within twenty (20 ) days from service hereof or judgment may be entered against
you.
Dated:
I~-/(J. -00
LAW OFFICE OF ROBERT P. REED
BY:
~pk
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, PA 17011
717 909-6637
Attorney's I.D. No. 15624
~ "
-,._-,
-
,<.,-',
. "
DWAYNE AND KIM WOMER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No 00-5687 CIVIL ACTION
CUMBERLAND VALLEY
CAMPING CENTER, INC.
Defendant
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
AND NOW, comes the Defendant by its Attorney, Robert P. Reed, Esquire, and responds
as follows:
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part and denied in part. It is admitted that the Defendant, through its
presence and advertising, held itself out to be a dealer in recreational and camping
vehicles and equipment. It is denied that Defendant, through its agents, affirmatively
represented it had any expertise in selecting equipment particular to the 1996 Toyota
"'";c::...
~, I ,
4Runner, nor did Defendant or its agents undertake to select a Coleman trailer for the
Plaintiffs. Rather, Plaintiffs selected the trailer they wished to buy and Defendant's
agents detennined, through the infonnation made available to it by the manufacturers
and distributors, that the Reese 350 Mini Liteweight Weight Distributing System was
the appropriate hitch for the camper chosen by the Plaintiffs. By way of further
answer, that portion of the hitch combination known as the "receiver" was already
installed on the Plaintiffs' vehicle at the time the Plaintiffs appeared at the
Defendant's place of business.
8. Denied as stated. Rather, after reviewing the selection of Coleman camper trailers
available on lot or through the Defendant, the Plaintiffs chose the 1998 Coleman
Fleetwood folding trailer, Grandview SP, as the camper they felt would suit their
needs. Defendant's agents detennined, throl!gh the literature available to them from
the manufacturer and distributor, that the above Reese 350 Mini Liteweight Weight
Distributing System was the hitch appropriate for use with the trailer purchased by
the Plaintiffs.
9. Admitted, except to the extent this paTagraph implies that the 1998 Coleman
Grandview SP camper was "recommended" to the Plaintiffs. Rather, Defendant's
agents detennined through the literatures supplied by the manufacturer and through
the distributor that the Reese 350 Mini Liteweight Weight Distributing System was
the hitch appropriate for use with the camper selected by the Plaintiffs.
10. Admitted in part and denied in part. It is admitted that the Defendant's agents,
through literature supplied by the manufacturer and distributoT, identified the Reese
350 Mini Liteweight Weight Distributing System as the appropriate hitch for use with
---.,
~ - - . "
"
the camper selected by the Plaintiffs. It is denied that Defendant's agents ever
represented to the Plaintiffs that said hitch was "necessary" or that other hitches were
not available either through the Defendant or other dealerships.
11. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this
paragraph, and the same are theTefore denied and proof thereof is demanded.
12. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded.
13. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded. By way
of further answer, Defendant reserves unto itself any defenses that may be revealed in
the course of discovery, including operation of the Plaintiffs' vehicle in a manner
inappropriate to the pulling of a loaded camper trailer, or that, when any trailer sway
occurred the Plaintiff, Kim Womer, applied the vehicle's brakes rather than the
trailer's dashboard-mounted "brake control" as advised by the Defendant's agents at
the time of purchase.
14. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth ofthe averments of this
paragraph, and the same are therefore denied and proofthereofis demanded. By way
of further answer, Defendant reserves to itself any defenses that may become
apparent in the course of discovery, including the improper hooking up of the trailer,
--
U~:.il!J!$li':,.
~ -
">
"
its hitch, or the anti-sway mechanism, or that the load in the trailer was too heavy or
improperly distributed, all of which factors were beyond the control of the Defendant.
15. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded.
16. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proofthereof is demanded.
17. Admitted, except that the subject owner manual does not prohibit the use of a weight
distributing hitch but merely does not "recommend using" the same. By way of
further answer, Plaintiffs did not show said manual or make its contents known to the
Defendant's agents at the time of purchase. .
18. Admitted that a warranty warning from Fleetwood recommended a sway control
device, but said warranty warning made no mention of whether a hitch should be
weight distributing or weight bearing. By way of further answer, it is submitted that
the hitch sold to the Plaintiffs by the Defendant's agents incorporated an anti-sway
device in accordance with the recommendations of Fleetwood.
19. Denied. After reasonable investigation the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this
paragraph, and the same are therefore denied and proof thereof is demanded. By way
of further answer, Defendant incorporates by reference its responses to paragraphs
thirteen through eighteen above as though the same were set out here at length.
.~ .
ril,_
"
COUNT I
BREACH OF EXPRESSED WARRANTY
20. The avennents contained in paragraphs one through nineteen above are incorporated
herein by reference as though set forth at length.
21. Admitted.
22. Denied. Defendant, nor its agents, made any expressed warranties. In the sale of the
subject camper warranties were limited to those made by the manufacturer as set forth
on the sales slip attached hereto as Exhibit A. With regard to the Reese hitch, any
expressed warranties were contained in the specification and installation
requirements, attached as Exhibit C to the Plaintiffs' Complaint.
23. Denied for the reasons set forth in paragrapll twenty-two above. By way of further
answer, it is denied that the products sold violated any warranty, that said goods were
non confonning, that any request has been made to cure any non-confonnance, or that
the Defendant is in any way obligated to the Plaintiffs for any breach of contract.
24. Denied for the reasons set forth in paragraphs thirteen through twenty-three above,
the averments of which are incorporated herein by reference as though set forth at
length.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
.="- "
-,.
""
""""""-'-'=
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"
COUNT II
BREACH OF IMPLIED WARRANTY
25. The averments contained in paragraphs one through twenty-four above are
incorporated herein by reference as though set forth at length.
26. Denied. All implied warranties weTe excluded in the sale of the trailer, which
exclusions are part of Exhibit A attached hereto. With regard to the subject hitch, it is
believed and therefore averred said product was of good and merchantable quality
and conformed to all of the implied warranties established by 13 PA C.S.A. Section
2314.
27. Denied for the reasons set forth in paragraphs thirteen through twenty-six above,
which averments are incorporated herein by reference as though set forth at length.
28. Denied, for the reasons set forth in paragrapps thirteen through twenty-seven above,
which averments are incorporated herein by reference as though set forth at length.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
COUNT III
NEGLIGENCE
29. The averments contained in paragraphs one through twenty-eight above are
. incorporated herein by reference as though set forth at length.
30. Denied. Defendant's agents did not "recommend" any hitch, but rather determined
through information made available to them by the manufacturer and distributor that
the Reese 350 Mini Liteweight Weight Distributing System with integrated anti-sway
features was appropriate for use with the Coleman camper selected by the Plaintiffs.
=-~ ~-" -~
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"
In so relying on said information the Defendant's agents acted reasonably and in
accordance with the best information available to them at the time.
31. Denied for the reasons set forth in paragraph thirty above, the averments of which are
incorporated herein by reference as though set forth at length.
32. Denied for the reasons set forth in paragraph thirty above, the averments of which are
incorporated herein by reference as though set forth at length.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
COUNT IV
FRAUDULENT AND MISREPRESENTATION
33. The averments contained in paragraphs one through thirty-two above are incorporated
herein by reference as though set forth at length.
34. Denied absolutely. Defendant's agents did not "recommend" a hitch but rather
selected a hitch which, based on information supplied by the manufacturer and
through its distributor was appTopriate to the camper trailer selected by the Plaintiffs.
Defendant's agents, at no time, represented that any hitch it identified was
''necessary'' for this application. In so acting, Defendant's agents employed the best
information available to them and acted reasonably and in good faith, and without
fraud or any intent to defraud or misrepresent.
35. Denied for the reasons set forth in paragraph thirty-four above, the averments of
which are incorporated herein by reference as though set forth at length.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
-
- "Dc'
"
COUNT V
PRODUCT LIABILITY- NEGLIGENCE
36. The avennents contained in paragraphs one through thirty-five above are incorporated
herein by reference as though set forth at length.
37. Denied absolutely. The avennents of this paragraph are denied for the Teasons set
forth in paragraphs thirteen through thirty-six above, which avennents are
incorporated herein by reference as though set forth at length. By way of further
answer, it is specifically denied that Defendant knew or should have known that any
defects existed in the subject products, that said defects presented a substantial
likelihood of unreasonable risk ofhann, or that the Plaintiffs' damages were in fact
caused by any defects asserted by the Plaintiffs.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
COUNT VI
PRODUCTS LIABILITY-STRICT LIABILITY
38. The avennents contained in paragraphs one through thirty-seven above are
incorporated herein by reference as though set forth at length.
39. Denied. After reasonable investigation Defendant is without knowledge or
infonnation sufficient to fonn a belief as to the truth of the avennents ofthis
paragraph and the same are therefore denied and proof thereof is demanded. By way
of further answer, it is denied that the products sold were being used in the manner
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intended at the time of the Plaintiffs' loss, and proofthereofis demanded. By way of
further answer, it is specifically denied that the subject products were defectively
designed and manufactured, unreasonably dangerous and unfit for their intended uses
and purposes at the time they left the possession and control of the Defendant.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
COUNT VII
VIOLATION OF UNFAIR TRADE PRACTICES ACT
40. The averments contained in paragraphs one through thirty-nine above are
incorporated herein by reference as though set forth at length.
41. Admitted.
42. Denied absolutely for the reasons set forth in paragraphs thirteen through thirty-nine
above, the averments of which are incorporated herein by reference as though set
forth at length.
43. Denied for the reasons set forth in paragraphs fourteen though forty-two above, the
averments of which are incorporated herein by reference as though set forth at length.
By way of further answer, Defendant specifically denies that it committed any of the
conduct defined as "unfair methods of competition" or "unfair or deceptive acts or
practices" as defined and enumerated under 73 P. S. Section 201-1, and proof of any
allegations to the contrary is hereby demanded.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiffs.
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NEW MATTER
44. The averments contained in paragraphs one through forty-three above are
incorporated herein by reference as though set forth at length.
45. Plaintiffs' Complaint fails to state a claim upon which relief can be granted.
46. Plaintiffs' claims may be barred or limited by application of the warranties or
limitations of warranties governing the sale of the products in issue.
47. Any damages which Plaintiffs may have sustained were caused by the improper,
abnormal, unforeseeable and unintended use ofthe products including, but not limited
to, the following:
a. Operation of the Plaintiffs' vehicle in a manner inconsistent or inappropriate to
the towing of a trailer, including but not limited to sudden speed changes, sudden
steering compensation, or application ofthe vehicle brakes when the trailer "brake
control" should mOTe appropriately have been applied;
b. Improper connection or set up by the Plaintiffs of the trailer hitch and/or anti-
sway device;
c. Excessive loading ofthe trailer, either beyond its design capacity or beyond the
safe towing limits of the Plaintiffs' vehicle;
d. Improper distribution of the trailer load and improper placement in relationship to
the axle location.
48. It is believed and therefore averred that the accident set forth in the Plaintiffs'
Complaint was caused by factors, forces or circumstances over which Defendant, or
its agents, had no control.
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49. Plaintiffs should have been aware of any restrictions or recommendations as
contained in their motor vehicle owner's manual, but failed to bring the contents of
the same to the attention of the Defendant's agents.
50. To the extent the Plaintiffs' Complaint may be construed as a claim for personal
injuries, damages for such are barred or limited by operation of the Pennsylvania
Motor Vehicle Financial Responsibility Law.
51. The products sold by the Plaintiffs were, at all times, of good and merchantable
quality free from defects and well suited for the pwposes for which they were
intended.
52. At all times material to thePlaintiffs' cause of action, Defendant's agents acted
reasonably and prudently, and in good faith reliance on information supplied by
Reese Products, Inc. which information indkated that the hitch sold to the Plaintiffs
was appropriate for use with the camper trailer selected by the Plaintiffs.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiff.
Respectfully Submitted,
LAW OFFICE OF ROBERT P. REED
Dated: /0 - /:< - ({)c)
BY: ~~~
Robert P. Reed, Esquire
3461 Market Street
Camp Hill,PA 17011
717909-6637
Attorney's LD. No. 15624
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EXHIBIT A
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Cumberland Valley Camping Center, Inc.
7050 Carlisle Pike
CARLISLE, PENNSYLVANIA 17013
(717) 766-2103 . (800) 548-0202
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8U"R(51 D 1J)d.~' ;""'';;'" , 'j"""'''-~''' j;'\' ~. 'M lI.J t1 '<"'" e~ "P~~N,":'-:i-:J:i?Vr:;tr "". I.,r. "~~It""7"::-;;'''7'-9'F
ADDRESS "7" ~( _I;:: __ ~ ~ 0 Q ~~.:. SALESPERSON 'l:! i' n
DEf.fVERf ADDRESS -c::: \.....~ .~-- <>' \\n IP Pr.... 1"70 .,.~ ....
MAJ(E & MODEL wl~~J~YE;1tROOMSI FLOOj :ZE I, HIrer :ZE STOCK NUMBER
('>,.., \ e '<<'. c::.... 'l\. G'('(;)..~)...'I'\~'-'I .".n wIRI"!' L
S:;tp~R/l G 12 W7:J:2. t;? .~ , COLOR TPROPOSED DELIVERY DATE KEY NUMBERS
EW o USED
OPTIONAL EQUIPMENT, LABOR ANO ACCESSORIES BASE PRICE OF UNIT $ 9.~ CJ( 1.1
a. J( $ 700 0(1 OPTIONAL EOUIPMENT q. ,2 ~"
~~..;_ '" r ,<"rJ \ I. "r;. 0 Cost of Parts and Set-un
~c..~-e.",,"'" &0 c;
<>: -u _._~ IJ,~ R .,.,' SUB-TOTAL $ "I?'CQ Of)
n_~ --rl\ ,1-. :LR .,~
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SALES TAX
NON-TAXABLE ITEMS
r:: - - VARIOUS FEES AND INSURANCE
U c.l " 1, CASH PURCHASE PRICE- $ 0
-M;. [LQ. h "\,A./J- ( -. ..... , TRADE-IN ALLOWANCE $
M n _I 1.1 4A. d , -"N- (, ,,(>._... 'I /!:l LESS BAL. DUE on above $
-;;;- ~f' ~:r -Q . - r> J . f:.. .' \ NET AUOWANCF $
I--~_" -G' 'J. 11. ,()I.,J. i -_A "'" I ':;.fl . V'\;:; CASN DOWN PAYMENT $ '\fl 0 00 I!
Tj' ---'--
I CASH AS AGREED Sf( RfMARKS $
- .. 2, LESS TOTAL CREDITS ~O 0
.-r1, .., .. ~ILL 4--fi It ,~m tf)Tl()~ ---- SALES TAX Iff Not Included Above)
3. UnDaid Balance of Ca'sh Sale Price $R-[r'OO 00
+ , €if/l-r'J1. ~ T tv C:-'r WORKSHEET. THIS IS NOT PART OF YOUR CDNTRACT, ALL FIGURES ARE
~~1 tV,T~ t/#Lv~ - -- ESTIMATES. THEY DO NOT CONSTITUTE AN AGREEMENT FOR CREDIT.
-------.- f--- A. OTHER CHARGES
o -J.. 'i v ct-;-ti-v VS/,)rPMI $ --
/,ISWdlll:<l0I1ComItlLl,Jlly ,- -"----
-rl."....Ks CredIt life Insurance $____..._
I.. Credlf ACCident & Hp.alrn $...____._
If T.1~l!s (Nor me! above) .S58::,(J(j
I.'CtJIISC Fu()!; $-----0
1,/leFties ,-&+0-
FlEMAAIC.S: -i\-_ t:l 1.1 7-. /I Heglslralron Fees
$----- ~ W~(J
fToral) .
B. UNPAID BALANCE-AMOUNT FINANCED TfIe L9..!LJ!JA-o
amounf of cfedil provIded /0 you or on your be-
IlaltfJ+Ai
BALANCE CARRIED TO OPTIONJ\L. EQUIPMENT $ 7.,.., I~'" ANNUAL PERCENTAGE RATE ..
,,( ...: ..~i1AANTY ~ND EXCLUSION. ANu LIMITATIONS OF DA.,AGE, C~i"L fi"vi:f1,E ;;IDE. "Ie (;oslol yOUt cW(111,IS.J yell/lr ',Ire
DESCRIPTION OF TRADE-IN YEAR SIZE c. FINANCE CHARGE
, The llo/Jar amount the CleC/!I..,,11 eos! yOu "-
Mi.'.' MODEL BfDfiOOMS
D. TOTAL OF PAYMENTS $q l{L~~'2.
..t..C, SERIAL NO COLON TrIIJ .:tlllounr you wllIll,Wl! poilU MIen yuu nd~1J
mmll: .111 scheduled Jldym(!rl/~ (B + CJ
.\:.',Ju'" I ul'tlNG TO WHOM
E. TOTAL SALE PRICE PtJ-cd
"',' DEBT I OWE ON TNE TRADE.IN IS TO BE PAID BY [I YOU I] ME Tllt-' tmal COS! 01 -lour pvrchiJ'''' (-,to C/f.',1,:. mdll(f.
IIUI yOl" dOl/>!1 !J<lyml.ml 01 f,. _ _ _._.._ ______ ._.
You and I certify that the additional terms and conciltions, printed on the other side 01 this contract are ago (J I A tel 'G/tr~f'-1!.
rt-d 10 ;'5 a part 01 thJs agreement, the same as JI printed above the signatures. I am purChasing the de-
se-,t~,J trailer, manulaclured home or vehicle; the optional equipment and accessories, the insurance as de- Pil,,,JI"" ,n tH(lrltl,I,,-"I.';I.tll;flf'I'I.;t"S )-C ;Ci'
~c"t.o!d hitS been "olunlary; that my lrade.ln is Iree trom all claims whatsoyer. except noted. ,tll'/,'rt" I!r;..lm';/ltllmt'''~nl '! .:... ...,-
. ..., .""'",.., co.rN", T.' '.TI" ".o",.....o~r. "'",,. 'ou~"., ...0 H" 0:,,,.. .".''''.'''/01' OR I.OUC'.'HI. ,'",Al OR ".or"."" "''' """ ....'" " HO' CON'~.'O I. ;(;~
..QBJlE...ACKNOWlEOGE RECEIPT OF A COPY OF rtf'S ORDER AND rtfAr, OR WE tfAVE REAO-D~OERS1l!NQ~OY;:;;:."
SIGNFD '/._ ~ BUYER
Cumbe~and Valley Camping Center, Inc. . Z
-..- Of AU'R SOCII1L SFCUR/TY NO
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. ADDITIONAL TERMS AND CONDITIONS
In 'F'fllo wnl.IW tht! ""olds I. nltl, alld ~ lilllllo U\:U BU~I:II Ilr\(j eo-PUytllll191lln!:l"ll!l oonlldd. llltl WOltb ~ dnd ~ wl.llu liltJ Ol;ldlul. ..,
~ Iurther agr.. (_rucllrom o!her ~de 01 eoi1liad):" '.' . ,,', - C,__ I
t IF NOT A,CASH TRANSACTION. ft I do nol complete Ihis purchase as a cash lranoaelipn, I ~now belore or atlhe I"" 01 delivery ollhe un! purchased, I will enler itito a 'elaJl ir)sla~ COfIrad and.
"9nase<:un~agreementorotheragr"menlasmayberequiredlofinancemypurch;lse.. ,.' .. .:,'.',' ,: . '. p'. I
2. TITLE. TiIl8 10 the uni pwtI1ased will remalnin you until !he agreed upon purchase pnco is pald'in lull in cash, Dr I have .good a relail inslallmenl conlract and il has been accepted by a b8r< or IinaR:O
company, at which Ume title passes 10 me even tholJgh the actual delivery ollhe unil purchased may be made al a later dale. . ' , . ,- ,
3. TRADE-IN. /II sm trading in 8 used car: manufactured home, trailer, or other vehide,' I will give you the anginal bill 01 sale or the 1~le 10lhe 'trade-in. I prOmise that any Irade-in which I ~ve is owne,' t7t me
and is Iree 01 any lien Of other claim except as noted on the other side ollhis conlract. I promise that a1llaxes of every kind levied againslthe tfad~.in ~ave been tuUy paid. " any government aQ'fOCY 'm~s 4 leY'(
orda\ms a 131: ben or demand against the trade.in. you may, at your option, either pay it and I WIll reimburse you on demand, or you may add ~t ~~~t to this c~lract as.~ \1 hatlbl.."'en origll'1a!ly included-. ,-,0,.'
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4. F1EG'STRATION OR UCENSE Of T~DE.JN. III ha" a Irade.in and it IS regislered or licensed in a state outside 01 the one_ whElle this OIotr IS wntten, I WlU Immedlalel~ have lfl!: trade-ll1 regIstered Ot j
hcens&o in'the ~tate you Indicate and I Wltl pay any and all expenses anct registration or llcensrng fees required. "you handle the reglSlrallOn or hcenSIMg at tI1e trade.m, I Will reimburse you Iof!tle expense or,.
demano or you may aod lhat amDUnI 10 lhIs conII'act as il ~ had been originally included. .... . ..... " " . :
5. REAPPRAISAL OF TRADE-IN. II I am ma'Ung a lrade-in and ~ is nol delivered 10 you allhe bme ollhe original aPPraisal and illaler, on delivery, II appears 10 you-thai there have buen-malenal Changes:
made In 1he lurnlshln9s or accessones, or in its general physical condition, you may make a reappraisal. This laler appraisal value willlhen determine the allowance 10 be made lor lhe trade-in. . .I
6. FAiLURE"TO COMPLETE PURCHASE. II I lail or refuse to complete Ihis purchase wilhin the lime frame specified in this contract or as specified in the Unllolfl'l Commercial Cooe olJhe stale 111 wtudll.
Sign this contract. or within an agreed uport"extension 01 time, for any reason (other than cancellation because'ol any increase in priceJ,-you may keep thai portion of "my cash- deposil \\.'fliCh win acIequah ~.
compensate)'OU lor ~OlJr consequential damages, incidental damages. and all.other damages, e~penses, Of losses which YOI.I incur tJecause I fail to COffiJ)Iete my purchase. I agreei however, that this conuaa shall,
rot be ltilerpreled as containing a "liquidated damages' provision. III have not given you a cash deposil or it is inadequate and I have given ~ou a Irade-in, you may Sf!11, the Ir_in at publlr: or private sale, and'
deduct lrom the money received an amount Ihat will adequately compensale you lor any or all ollhe above mentioned damages. expenses, and tosses incurred because I failed to complete thiS purchase. I
undersland that you shan have a1t the rights of a seller upon breach of contract under the Unilolfl'l Commercial Code, exceplthe righllo seek and'~IIec1 "liquidated damages. under Section 2.718." you prevail in
any legal action which you bring agBlnsI me, Of which I bring against you, concerning Ihis coolfact, I agree 10 reimburse you lor your reasonable anomeys'lees, court costs and expenses whim you IOCUl' in!
prosee1.Ibng or def&nding agaInst thaI legal actiOn.
7. CHANGES BY MANUFACTURER.l understand lhalthe manufacturer may make any changes in Ihe model, or designs, or any accessories and parts from time 10 lime. and aJ any I~. " IJli ma'lufacturer'
does make changes. neither you nor the manulaclurer are gbligai~.lO ~~k, the ~/lfJle changes in the unit I am purchasing and covered by this order, either belore.er alter ~ is delivered to me.
8. DELAYS. I will nol "'~ you liable for delays caused by Ihe manufacfurer, accidenls; slrikes, lires. Dr any other causebeyond your conlrol. . .' . _ '. . , . , .
9. INSPECnON. I have examined the product and lind II suitable lor my panicular needs. I have relied upon my own judgement and inspection in delermining thaI it is of acceptable iJlaltty: On the speoal
uM ordered, I ha.. ..lOll '" ml inspe<t1Ol1 0I1he display modells), lhe brochures and bullelins andlor lhe lI..r plans provided 10 you by lhe Manufa<:lurer, in making my de.,OO 10 purchase Ihe UM dOSClbld '"
lhereve~seside.o'thisagr~menl. ' !. ... ,_ \, "'.. '1. ..
10: EXCLUSION D~ WARRANTIES. I U~DERSTAND THAT THE IMPUED WARRANTIES OF MERCHANTABILIT'( AND FITNESS FOR A PARTICULAR PURPOSE AND AL~,OTHER WARRANTIES
EXPRESS OR IMPUED ARE EXCLUDED BY YOU FROM THIS. TRANSACTION AND SHALL NOT APPLY TO THE GDODS SOLD. I UNDERSTAND THAT YOU MAKE NO WARRANTIES WHATSOEVER
ftEGARDtNG THE .UNIT OR ANY APPUANCE OR COMPONENT CONTAINED THEREIN, EXCEPT THAT AS MAY BE REQUIRED UNDER APPl:JCABLE STATE LAW.
, 11. 'MANUFACTURERS WARRANllES.1 UNDERSTAND THAT THERE MAY BE WRITTEN WARRANTIES COVERING THE UNIT PURCHASED, OR ANY APPLIANCE(S) DR COMPONENTIS), WHICH
HAVE BEEN PROVIDED BY THE MANUFACTURER OF THE UNIT OR MANUFACTURER OF THE APPUANCE(S) OR COMPOI/E/ITS:, YQlI,WIU,QNf'ME COP~S OF ANY AND ALI,JV8/TTEJj WARRAN,'
TIES SUPPLiED BY THE ~ANUFACTURERS. DELIVERY BY YOU TO ME OF THE WARRANTY BY THE MANUFACTURER OF THE UNITPURCHASED, DR ANY APPUANCE(S) DR. COMP.ONENT(SI'
DOES NOT MEAN YOU ADOPT THE'WARRANTYISI OF SUCH MANUFACTURER(S). I ACKNOWLEDGE THAT THESE EXPRESS WARRANTIES MADEllY.tHE MANUFACTUftEil(SlJlAVE ~OT BEEN,
MADE BY YDU EVEN IF THEY SAY YOU MADE THEM OR SAY YOU MADE SDIo\E OTHER EXPRESS WARRANTY. YOU ARE NOT AN AGENT OF THE MANUFACTURER(SI FOR WARRANTY PURPOSES
EYEN InDU COMPLETE, OR ATTEMPTTO COMPLETE REPAIRS FOR THE MANUFACTURER(S). :. --,., 'j "," .', '. '.". f\
12. LIMITATION OF DAMAGES. iF THE MANUFACTURER(S)' WARqANTY IS UMITED TO REPAIR DR REPLACEMENT AND SUCH WARRANTY FAILS BECAUS~ Of AmMfl1'.AT REPAIR ARE
NOT COMPLETED WITHIN A REASONABLE TIME OR THE MANUFACTURER(S) HAS (HAVE) GONE OUT OF BUSINESS, I AGREE, THAlIF I AM ENTITtED TO'ANY.D~ES AT oIij.,AGAINST YOU,'
MY DAMAGES ARE LIMITED TO THE LESSER OF EITHER THE COST OF NEEDED REPAIRS OR REDUCTION IN THE MARKET VALII~ OF THE UNIT CAUSED BY THE LACK OF ilEPAlRS. IN ANY
CASE. YOU WILL NOT BE REQUIRED TO PAY ME ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.' ALSO AGREE THAT ONCE IHAVf ACCEPTED THE UNIT, EVEN THOUGH THE MANUFACo
TURER(S)' WARRANTY DOES NOT ACCDMPUSH IT'S PURPDSE, THAT, CANNOT RETURN THE UNIT TO YOU AND SEEK A REFUND FQR ,AllY REASON.
11 INSURANCE. Illnderstand.ll\Bl t.am not covered by insurance on the unll purchased unlil accepted by an insurance company, aod I agre~.JS hold you harmless Irom any and alll:lalms due to loss or'
damage prior to acceptance 01 insurance cOverage by an insurance company.. :
. 14. CONTROLLING LAW AND PLACE OF SUIT. The law 01 the State, In which I sign this contract, is Ihe taw which j~ to be used in interpreting the telms olltle contract. You and I agree thai n any dispute, I
berween us IS Subm!ned 10 -a court lor f~soIution, such legal proceedill9 shall lake place in the county in which your principle o"ices are lcealed. II under state la.w a special dispute resolution proce(Jure or complainl' ;
process IS available, I agree to the extent permit1ed by law that procedure shall be the only method 01 resolution and source 01 remedies available to me. .~. f'~. . '. ~L..I . J ;
15. ONE-YEAR pERIOD OF LIMITATION. I undereland and agree Ihal-<I "Iher 01 us shOuld breach Ihis conlracl-lhe oIher 01 us shall have onll one year. aher Ihe occurrence 01 Ihal breach. in which ",' ..
commence an aellon lor a breach 01 this contract. . - . ,
. '16.. IF P,ylT,!NVAUD REST OF CONTRACT SAVED. You and lagr" that each port,,,, ollhis conlreel is independenl and ilany paragraph or provision violales Ihe law and is unenlorcea~e, llie rest 0I1he:
conlraC'l ",.n} w'vahd, " . . ,:. ~_".. '.,' ,. . -. .
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17. OElI'/ERY AND PLACEMENT. " yoo have Included delivery 01 the unit purchast)d II) the pulchasa priDe, 01 !I you quole a charge for oollvery 10 my destination, your agr&cmenllO transport the UI'\I1'
pl.lICn~se<l. as ....ell as the price quotatron made, is base~ upon my assurance lhatlravel is along accepl,able alt'~ealher ~rlacad roads, fully open and accessible, f~m. JX>int ,of origin 10 poinl 01 delivery. during tI'le 1
pe'.:,..,: 't;'i..::ri.:.:I:or Iranspor1.!llton I assume all rC'iiponslblhly lor the proper preparallon 01 my property to both rt!ceive and locattllhe unit purchased. II you must hire exlra labor and'or equipment, in Ofdel' to deliver
an.:: ;:I~:!; Ire \1M purcMsca because 01 somet~ing not previously disclosed .10 you, I will pa_y lor all ~ose additional costs. I understand thai you do not guaranlee prope~ placement unless a concrete plef, rumng:
~"O'I. ilIt: Irt~II11~, hiif iust been prepared. _I Will pay lor all labor and malenat COSls 10 re.set lhe unll when caused by future settling or sinking resulting from laii\Jre 10 provide a loundalion approved by the Stale ~
Oi lrx,al cw, Irl..;hlcn l~~ home .IS .Slted. I understand thatlhe sewer qiusl be Slubbed oul ollhe ground, the waterline musl be capped and the electric. bne connected to a meler pole w_ith a proper receptacle!
"";'.,;", :'0 f7et of the e:e~lc box InSide 01 the home. I understand t,hat unless otherwise provided on the other side 01 this contract, the unit purChased IS sold by you F.O.8. YOtJr lot and I am responsible lor:
lra~sp-:';Mg\n. ; f.' '. . . . . ,. .. .. I
18. CQ,NNECTIDNS, PERMITS AND CHANGES. I undersland thai you are nol permined 10 ma'e ~umbing Of eloelncalconner:uons or """"';00 01 cer1ain naMel gas or pr""a... eppIO",", wheie .tale or'
loca or<tn~nce.'~~q a lICensed plumber or eleclnClan ~ thiS work. I understand thai you are not responsible lor obtaining health or san"a~on pennits. nor for any local, county, or stale permits It'QUirecf because!
01 "'".",,~ 'OIling! underSland Ihat you are no! responsl~e lor making changes 10 ~umbing, eloellical Dr conSlNelion changes reqUired by si!!"ial building DIllinanees or laws. I will pay the coSlS 01 any ctlannes'
needed ~or ComPJrance with toeal, county or slate laws or zoning requirements. ,'.'1 ' . .' , . .', . . .,.::t
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, 19. NOTiCE O~ ~IDTH LIMITATIONS. I h!ve been intormed of Itle length and width limitations, as oIlhedate OJ this contract, now enlorced in !he several a1ates. or pllMnces oI'Canada. as 1I1e'/:.n.v apply
ID the moveme/ll. 01 manulactured homes. ove, ~, pu~IC h~hways, and the laclthat speerai perm<<s are requlled. I understand thai some slates, or .the provinces 01 Canada, .may nol granl!he required perm,ls !
where the slle~ceeds the ~tul~~Ill~.I-[!Il'ase yqu .n4~pur ~.gnSi and lhe manulacturer and"s aSSIgns, lrom any and all demands, suns or counter-daims. based on the size 01 the unit purchased, If
i "co"'s lI1e~ti"'s whi:lure 11O!>'efmjy 1.ler~, imi>O!6,,\1lt.Jl1Y sial!> 'I' province. .
This lorm is prOI"'ed under Federal Copynght Laws, as filed by Jenkins Business Forms. Any reproduction without ils e"l1re" written con;.nt is su~oello legal "a~lity: Jenkins 8usin~ Form; does nol ~ve'
I!galadvice nor represenl any particular legal eftec\ as,re5OIUl19lrom the use 01 this lorm. II Ihe user does nol IIndersland any ferms, Dr legal efteel, see competenllegal counsel. '
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VERIFICATION
I, James St'angler hereby sw.or or aflirm ,h.llh. fael. ..I forlh i111lle foregoing Ar,swer
"'1!1l l'cw Motler arelruo and 00"'0<1 to the he.! of my informatiol1, kJlowledge and
b<:h.r, and that false statements h~rein are made subJecl to Ihc penaltIes or 18 Pa. e.S....
Section .;904 ,elat:ng Ie ul'swom rat.ilk."on III aUlhort:ies
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CERTIFICATE OF SERVICE
AND NOW on this ~ay of October, 2000, Robert P. Reed, Esquire, hereby certify
that I served the within Answer with New Matter this day by depositing the same in the
United States mail, postage prepaid, in Camp Hill, Pennsylvania, addressed to:
Ronald A. Turo, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, P A 17013
LAW OFFICE OF ROBERT P. REED
BY: ~/~~
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, P A 17011
717909-6637
Attorney's 1.D. No. 15624
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EXHIBIT C
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, Liteweight Weight Distributing Systems
Two new REESE@ innovations in weight distributing
hitchesl With the ever softening car and-mini van
sU5pensions, the time has come for the Liteweight
Weight Distributing System. While the principles of
weight distribution are the same, the way we go about
applying them is different.
Designed for use with mini-vans. light trucks
and sport utilities.
66044
Ultra-level leveling System
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Ultra-Level Class II
Load Leveling System
New from REESE, this Ultra Lite-Weight, ultra
economical entry level load leveler is designed for
today's "soft suspension" tow vehicles. Used in
conjunction with the REESE ShadowMount Class II
Receivers, this unit helps level the tow vehicle while,
also through the use of spring bars, aids in controlling
trailer sway. Not to be used in place of our traditional
weight distributing systems, this unit is ideal for small
utility and small light weight campers. It also attaches
to single pole boat trailer frames without the need for
an optional single pole adapter. Maximum tongue
weight capacity of 220 Ibs. and gross trailer weight of
2,200 Ibs.
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66024
350 Weight Distributing with 2" Hitch Ball (includes Hitch BaIt Adjustable
Hitch Bar, Spring Bars, Pins and Wllllr Pads}
350 Weight Distributing with 1 718" Hitch Ball (includes Hitch Ball, Adjustable
Hitch Bar. Spring Bars. Pins and Wear Pads}
350 Weight Distributing with 2 5/16" Hitch Ball {includes Hitch Bal/,
Adjustable Hitch Bar. Spring Bars, Pins and Wllar Pads}
3!)O Wtllghl DiSltibuling 1m FluulwootJ/ColulOdll TItllltUII wiflJ Iml.. lIluUllf"d
swing SWall jack {includas 2~Hitch 881/1
66028
~ j 66041
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54985
66025
Tall Adjustable Hitch Bar for 350 Mini W.O. Hitch
Hitching Systems. Towing Accessories
350 Mini Lite Weight "-
W.O. System
Another REESE innovation in weight distributing
hitchesl
A light weight WD system for use with lighter weight
trailers, utility trailers and fold.down campers. No
chains or snap-up brackets are necessary and the 350
Mini works with any 2" receiver. The sway control is
built right in with hitch ball included. Maximum
tongue weight capacity of 350 Ibs. and gross trailer
weight of 3,500 Ibs.
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Reference I Part I
Number Number Description
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3 ,:.74055 11 Pull Pin
4 ~1" 11 Spring Cotter Pin
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4 7<<156 2) Spring Cotter Pins
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3 h\&019 11 Pull Pin
4 ',:,j" 11 Spring Cotter Pin
8 l;~?",- 21 Adjusting Washer
22 ~',< 2) Tooth Washer
7 ~;1;; 2) Hex Nut Lock
6 r"" 21 H.H. Bolts
26 ';.r~r. 41 Sell-tapping Screws 110-321
,
8 , li4$49 21 Adjustment Washer
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33 ,t,liIi049 41 U-Bolt 13/8"1
34 ,~..~., 81 lock Washers 1318"1
35 ~X'ji::; 81 Hex Nuts 13/8"-161
36 "'\< 41 F1exlock Nuts 18-321
26 n~: 41 Machine Screws (8-32><3/4"1
12 ~(.24201 11 Spring Bar 350# W.O.
. 242lI2 11 Spring Bar 350# W.O. long II/Fleetwood)
,(~ 11 Hitch Bar
",M985 11 Hitch Bar - tall
"
2 58108 11 Ball Mount with 1-7/8" Bail
22 21 Toothed Washers
6 21 H.H. Bolts
7 2) Hex Nut Locks
8 2) Adjustment Washers
2 II Ball Mount with 2" Ball
'2 21 Toothed Weshers
6 21 H.H. Bolts
7 21 Hex Nut Locks
8 21 Adjustment Washers
2 11 Ball Mount with 2-5116" Ball
22 21 Toothed Washers
6 21 H.H. Bolts
7 21 Hex Nut Locks
8 21 Adjustment Washers
---.--.
11 1) Trunnion & Pin
26 'r05 41 Self-tapping Screws
27 -:.~j, ',:- 2) Bracket Assemblies
31 l,!j8119 11 R.H. Adapter Bracket (Fleetwood I
32 :lft;~;:.:,;:,:_ 11 LH. Adapter Brecket IFleetwood)
\ '~},~,,~V.' II Parts Package IPart1660491
t 1) Installation Instruction
28 1) Slide Casting
29 11 Hold-down Plate
30 21 Sell-tapping Screws 110-321
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Hitching Systems. Towing Accessories
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'ClllllberlallllValley i:aIIJJ*i(f)
~\~~ . Cemer, Inc.
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...... "0 7050 Carlisle Pike, Carlisle, PA 17013
(717)-766-2103
ionwide
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Liteweight Weight Distributing Systems
Two new REESE innovations in weight distributing hitches!
With the ever softening car and mini van suspensions, the time
has come for the Liteweight Weight Distributing System. While
the principles of weight distribution arc the same, the way we go
about applying them is different
Great For First-time Towing'
350 Mini W.D. System
IAnother REESE innoviation in weight distributing
,tlltche~!
\'\'lIh the evcr soltening car ilnd mini van "u"rcn-
\;lons, the time has come for the Ut(:wt:ignt
\\"elghl f)istrihuting System, While the principles
'~j weignt distribution are the S<ltlle, the way we go
ibotlt applying them is dilfercnl. Nn chains or
l,nar.Uj1 hr<lcket<., an: nccc<;",IrV <lnd the ,:;50 mini
"'lrb with an\' 2" n':l,.l'IVt.r. The ~WilY control I'"
!'"'It right in with hitch h,1I included.
I
Ultra-Level Class II
load Leveling System
Ill! nt'w from REESE, thi... Ultra Litc-Weight,
rfa econon\lGd entry level load leveler is
:~igned for tod<lYs "soft suspension" tow vehi-
(es U<;cd in conjunction witn tnc REESE
~1adowMoullt Cla..s II Rccclver.., this unit hcfrs
't..el the tow vehicle while, also through the use
~>pnng bars, aids in controlling trailer sway.
,
,'t to he u<;ed in rlace of our traditional weight
'\nhtltlng "y.,tl.'IW~, thi... unit is ide;),! lor sl1\2.11
II(}' and ~rnall Jite weight campers, M<Jximum
19ue Welg);! ( npllury of 22(J lb~ and Crols
dlr Wright oj 2)(JU Ib..
_EESE'
Hitching Systems
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Liteweight Weight Distribution System
Part # DescnptlOn Retail Price
5666024 350 Weight Distributing with 2" Hitch Ball (includes Hitch Ball. Adjustilble $265.20
. _ __ __._ __Hitch ~~~ S!!.~~~ar~..!~: a~r?.!ea~~~:._,_
5666025 350 Weight Distributing with 1 7/8N Hitch Ball (includlJs Hitch Ball,
AdJus/able Hi/ch Bar, Spring Bars, Pins and Wear Pads}
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$265.20
5666028 350 Weight Distributing with 2 5/16" Hitch Ball (includes Hitch Balf,
Adju.~table Hi/ch Bar, Spring Bars, PillS and Well( Pilds)
__ ____m' ,___._____"_ __.__~__,
$276.20
m:40-
S 64.60
5666041 350 Weight Distributing for Fleetwood Trailers with swiflg away jack
5654985 Tall Hitch Bar for 350 Mini W.O. Hitch
Pt._
III
Ultra-level Class II Load levelmg System
Part I! Description
5666044 Ultra level leveling System
Retail
$\47.00
Towing Accessories
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VERlFICATION
I, 1.lI1es Spangler hereby swear or affinn th.llb. facts SCl forth in tho foret'oi"8
Comp!a:nl Agam" Additional Defcndanl arc true "nd COll'CCIIo tho best of my
infolllltlioll, Imowledge and bdlef, ,uld lhat raise slatemelllS hereID ~J'e made subJecl to
lhe penalties of 18 P. C.S.A. Seclinn 4904 relating'!o unsworn falsificalion to
authorities.
Dilled:
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CERTIFICATE OF SERVICE
AND NOW on this / ?::2'tfay of October, 2000 I Robert P. Reed, Esquire, hereby
certifY that I served the within Complaint Against Additional Defendants this day by
depositing the same in the United States mail, postage prepaid, in Camp Hill,
Pennsylvania, addressed to:
Reese Products, Inc.
51671 State Road
19 North
Elkhart,Indiana465l5
(By certified mail, return
receipt requested)
Ronald A. Turo, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, P A 17013
LAW OFFICE OF ROBERT P. REED
BY: ~rt~
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, P A 17011
717909-6637
Attorney's LD. No. 15624
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DWAYNE AND KIM WOMER
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:No. 00-5687
CIVIL ACTION
CUMBERLAND VALLEY CAMPING
CENTER, INC.
Defendant
:JURY TRIAL DEMANDED
ANSWER TO NEW MATTER
44. No response required.
45. The allegations in this paragraph are legal conclusions to which no
response or pleading is required.
46. The allegations in this paragraph are legal conclusions to which no
response or pleading is required.
47a. Denied. Plaintiffs, at no time, operated their vehicle in any manner which
was inconsistent or inappropriate to the towing of the trailer.
47b. Denied. At no time did Plaintiffs improperly connect or set up the trailer
hitch or anti-sway device.
47c. Denied. Plaintiffs, at no time, cause excessive loading of the trailer.
47d. Denied. Plaintiffs did not, at any time, improperly distribute the trailer load
or improperly place any item in relationship to the axle location.
48. Denied. By way of further answer, Plaintiff re-alleges the allegations set
forth in its Complaint that Defendant's actions, solely, were the immediate
and direct cause of the accident through the negligence or other fault of
the Defendant.
49. Denied. Defendant affirmatively, at all times hereto, advised the Plaintiff's
of their expertise in this area as well as their ability to properly join the
appropriate trailer, hitch, sway device etc. to Plaintiffs vehicle which
vehicle was fully available to Defendants.
50. The allegations in this paragraph are legal conclusions to which no
response or pleading is required.
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51. The allegations in this paragraph are legal conclusions to which no
response or pleading is required.
52. Denied as stated. The Plaintiffs are without sufficient evidence to form a
full answer to these allegations as they are unable to ascertain what
reliance, if any, Defendant's agents acted upon from Reese Products, Inc.
which is not a party to this suit.
WHEREFORE, Plaintiff's demand judgment in their favor in the amount
set forth above.
Respectfully Submitted
TURO LAW OFFICES
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Date
-1/
Ron Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiffs
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CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Answer to New Matter
upon Robert P. Reed, Esquire, by depositing same in the United States Mail, first class,
postag\9 pre-paid on the d.5 day of October, 2000, from Carlisle, Pennsylvania,
addressed as follows:
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, PA 17011
liu LAW OFFI.:~3'
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Ron TUrD, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiffs
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Complete it ms 1, 2, and 3. Also complete '
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if sp~ce permits.
1. Article Addressed to:
''Rees.e~V'Oa\A..c.-t<;" 't-~c..
5/ (", 7 / s+o-..h~ 'K$o.J
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El t<.\.to..",t :lncho.lAtl..
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'M..Agent
o Addressee
o Ves
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D. Is delivery address differe from item 1?
If VES, enter delivery address below:
3. Se~ Type
lliYtertified Mail
o Registered
.0 Insured Mail
o Express Mail
o Return Receipt for Merchandise
DC.a.D.
4. Restricted Delivery? (Extra Fee)
OVes
2. Artiple Nul'T1&1:lr ,(Copy frqm serv~ce JabeQ_
7o'l93~2o (JOlt) ()f~J!- 8lf9/
PS Form 3811, July 1999 Domes!;c Return Receipt
102595-99-M-17S9
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DWAYNE AND KIM WOMER IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA
Ys.
No 00-5687 CIVIL ACTION
CUMBERLAND VALLEY
CAMPING CENTER, INC.
Defendant
JURY TRIAL DEMANDED
Ys.
REESE PRODUCTS, INC.,
Additional Defendant
CERTIFICATE OF SERVICE
I, Robert P. Reed, Esquire, hereby certify that service was made of the Complaint Against
Additional Defendant on said Additional Defendant, Reese Products, Inc., on October 23,
2000, by certified mail, as evidenced by the attached return receipt executed by the
Additional Defendant's agent. Said service complies with Pa. R.C. P. 403.
LAW OFFICE OF ROBERT P. REED
BY:
4M-~&/
Robert P. Reed, Esquire
3461 Market Street
Camp Hill, PA 17011
717909-6637
Attorney's J.D. No. 15624
Dated: 10- 3() -d?tJ
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DWAYNE AND KIM WOMER IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYL VANIA
vs.
No 00-5687 CIVIL ACTION
CUMBERLAND VALLEY
CAMPING CENTER, INC.
Defendant
JURY TRIAL DEMANDED
vs.
REESE PRODUCTS, INC.
Additional Defendant
PRAECIPE FOR DISCONTINUANCE
TO: Curt Long, Prothonotary
CumberlandCounty Court House
1 Courthouse Square
Carlisle, PA 17013
Discontinue the above matteT and mark the docket accoTdingly.
BY:
onald A. Turo, Esquire
Counsel for Plaintiffs
, Dated:
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