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HomeMy WebLinkAbout99-02322 !: \. ~~:,{ 'It " ,.~ ;r~~c::<< -~ <'~ 1-. .: ,:";'-. , t'.,.... '.:.','" I',;"~ \ J .'ri C"( eel ci " ~'i DENNIS BAKER . IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION. LAW Plaintiff V. FRANCIS FOR FORD and FORD MOTOR COMPANY &..~ .-- IL~ : NO. 9 q. ,,n J.z... Defendants COMPLAINT 1) Plaintiff is Dennis J. Baker an adult individual residing at 35 Limekiln Road, Carlisle, Pennsylvania 17013. On or about September 8,1997 the Plaintiff purchased a used 1995 Ford F-250, VIN 2FTH26F1 SCA71423, motor vehicle from Defendants. The Plaintiff paid $23,995.00 for the vehicle. The relevant portions of the written contract between the parties is attached as Exhibit A. 2) Defendants are Francis For Ford, a Ford Dealer doing business at Cameron & Paxton, P.O. Box 1737, Harrisburg, Pennsylvania 17105 and Ford Motor Company, a corporation with headquarters at The American Road, Dearborn, Michigan. 3) Since Plaintiffs purchase of the vehicle the truck has had numerous problems requiring repairs as follows: a) On September 15, 1997 the vehicle was repaired due to the front- end alignment and problems with the transmission. b) On October 7, 1997 the vehicle was subject to repairs because it would not start. This required the vehicle being towed from Mr. Baker's residence to a Ford dealer. c) On or about December 16, 1997 the vehicle was repaired because it would not start. . t: t.,; f: r r: t f' r f , f \. L 7) At the lime of the sale the Defendant Francis represented that the vehicle was "Gold Medallion Certified" and had received a "75 Point Vehicle Check on ALL Pre-Owned Vehicles". 8) Defendant Francis is an agent or franchisee of Ford Motor Company and as an agent or franchisee of Ford Motor Company has access to the repair records of vehicles produced by Ford Motor Company. 9) At the time of the purchase of the vehicle by the Plaintiff, the Defendant Francis knew that the Plaintiff was purchasing the vehicle for regular daily usage. COUNT I 10) The Plaintiff incorporates paragraphs 1 through 9 herein. 11) Pursuant to the Uniform Commercial Code the following warranties apply to the vehicle purchased by the Plaintiff: Implied warranty: merchantability; usage of trade (13 Pa CSA Sec, 2314) and Implied warranty: fitness for a particular purpose (13 Pa cSA Sec. 2315). 12) To exclude the aforementioned warranties the language should be in writing and conspicuous. 13) The purported exclusion in Defendant Francis' documents is not conspicuous and therefore not effective. 14) The aforementioned warranties are in effect and the vehicle has not performed to the standard of the warranties in that it is unreliable and not useful for regular and daily use as a motor vehicle. WHEREFORE, Plaintiff respectfully requests that the contract between the parties be rescinded and that the purchase price of the vehicle be refunded, that Plaintiff recover damages against the Defendant for all expenses associated with the repairs to the vehicle, that Plaintiff recover the interest he has paid for the financing for the vehicle and such other relief as is just and equitable. COUNT II 15) The Plaintiff incorporates paragraph 1 through 14 herein. 16) In the alternative, Plaintiff avers that the Plaintiff and Defendant Francis were both unaware of the prior history requiring frequent repairs at the time that they entered into their contract. 17) Plaintiff and Defendant were both subject to a mutual mistake as to a material fact, that being, the fitness and merchantability of the motor vehicle at the time that they made their contract. WHEREFORE, Plaintiff respectfully requests that the Court rescind the contract and order the Defendant to refund the purchase price to the Plaintiff so as to return the parties to their original position. COUNT III 18) Plaintiff incorporates paragraphs 1 through 17 herein. 19) In the alternative, the Plaintiff avers that the Defendant Francis knew, or should have known, as an agent of Ford Motor Company the history of the vehicle which required frequent repairs such that the vehicle was not reliable and not fit for the purpose intended, to wit, regular daily transportation. WHEREFORE, Plaintiff respectfully requests that contract between the parties be rescinded and that Plaintiff recover damages against the Defendant for out of pocket expenses associated with the repairs of the vehicle, interest he has paid for the financing for the vehicle, and such other relief as is just and equitable including costs and attorneys' foes if it be determined that the Defendant was aware of the problems with the vehicle and failed to disclose them, COUNT IV 20) Plaintiff incorporates paragraphs 1 through 20 herein. 21) Defendant Ford Motor Company, as manufacturer of the motor vehicle, has reason to know of the frequency and need for repair of vehicles it produces. The Plaintiff believes that prior to the Burleson's purchase of the vehicle that it was subject to frequent repairs during the period of time it was under the manufacturers warranties. The Plaintiff believes that the vehicle is one that the Defendant Ford knew or had reason to know was not fit for the purpose intended nor merchantable, and despite that, Defendant Ford allowed the vehicle to remain in the market place. 22) Plaintiff avers that as a consumer he is an intended beneficiary of the warranties of fitness and merchantability of the products produced by Defendant Ford and that Ford's failure to remove this vehicle from the marketplace has caused him to be damaged. WHEREFORE, Plaintiff respectfully requests that he Court order and direct that Defendant Ford take back the vehicle and that Plaintiff recover damages against the Defendant for out of pocket expenses associated with repairs to the vehicle, interest he has paid for financing the vehicle, and such other relief as is just and equitable including costs and attorney fees if it be determined that the Defendant was aware of the problems with the vehicle and permitted it to remain in the marketplace. - --.. I verify that the statements made In the foregoing Complaint are true and correct. , f I, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~9~ DENNIS J. BAKER ,NEW BALANCE OJ-OR-9 TAX .n 0:3-9 TOTAL FRANCIS FOR FORDS . . . PO BJ_ "j' PH()>jE 23uono 7'7.233"~21 Cd"""'_.'" i. ~'.\I'" s'~ HARRISDunCL PA 17.05 ) B4KER 09-08-97 L . 17613127 DM'vf"uC. LIMEKILN RO CITY CARLISLE PA 1701 ~.." 7;p--~- POl.~.~UM~9024 COlLISION OEDUCTIBU: 500, ,1(1 ~U~E~CANS MANUFACTURES EF.''''IWt'i EXP. "'Y0632 SPOI<EWTTH '_.'d~DBY '" , lJ F T Y WARRANTY. The Iacl:Of)' warranty con.lllulet all of lhe wltranti.. with 'n,pet 10 tne u1e ollnls It.mlllem,. Th. HIler hereby ..pressly di,clalm, all .,"anli", eith" ...pressed or lmpllocllncludlng any Implied warranty 01 mlfchanlabllity Ot litnl" lor. panlcutar purpose, and lne HIler nellh" ...um.. nOl' authorize. any other person 10 assume tor illny liability in connecUon wilh 11'1, uJo of this IlImllleml. o USED CAR WARRANTY. Used car is covored by a limited warranty dolall&CI in a slp'tale document. o AS IS . Thl. mOlor vehltJ, Is told "AS IS" wtthout any warranty either e.pressed or implied. The plUchlser.",lllbearlheenliree n.eolrepalringorcorreclinganydeflCllhalpresenl1ye.lslsor thaI m<<YOCCllrIn Ihevtthlcle. PURCHASER'S SIGNATURE X If you cancel this puret1ase agreemept re use to take delivery 01 the vehicle ordered, except as permitted by law,' u shall, at our option. forfeit as damages the amount 01 $ PURCHASER'S SIGNATURE X PY'Ch""'h..l'llylCkll<M'!~llOlh.,eo."CI'Y$l USED CAR CONTRACTUAL DISCLOSURE STATEMENT The information you see on the window form for this vehicle Is part of this contracl. Inlormation on the window form overrides any contrary provisions in this contracl of sate. Purchaser agrees that this order includes all of Ihe terms and conditions on both the face and reverse side h'ereof, that this order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement 01 the terms 01 agreement relating to the subject matters covered hereby, This order shall not become binding until accepted by the dealer or his authorized representative. ~?l;l:_~.r-:,?~~.:,'":!r :1:01'1 ::;p;'JI 'n, ',~';~: j ,. !';'~I'.":' J. ~~' r.<~':,L~r"" !'~n_'~.?~,fc:J!~_~':'>:_~'F~Y~ :! ,':OOf s' tn.; ~'-~:'l" ;":";r''''': ~.J _~'1 .\'J~!'o':,:::,,:: [J'Jo:l ,~r r~pH~$enLltl',~ b;; _ j"",r'(j:,'m::..r IF)"'.:': ~' : ,1:'~:';:; l")r :: ~~~ J;:'1ler," P~rChaserby hls'exe'c~iio-n of ihls order acknowledges that he has read its I-arms -and condllions and has received a true copy of this order. PURCHASER'S SIGNATURE X PURCHASER'S SIGNATURE X 1. ,.... (J,'7 ( ,,/ ~ DATE . .....1."'- DATE 09-08-9 (\ ,/ . I '-l\ ,. ACCEPTED BY, DATE OEAtER OR HIS AUTHORIZEO REPRESENTATIVE PLEAI! ENTeR MY ORD!Il FOR THE FDLLOWlNG NEW 0 OR USED D:-GEMO 0 ~r' .... 1995 FORO .. " F25Q PICKUP Utl.lAOI "" PIU c"''''' RED/UHlTE 2FTHF26FlSCA71423 SlOOt NO IAl.ISMAH PA984 GULlCK,LARRi iAIIol .... 495jO lONOfl.l'ttlllDOfII()IIIAIQv1 08 SEP 1.997 SUGGESTED RETAIL PRICE 6' j<;, DISCOUNTED PR!(E ~ j', 'lS ,I TOTAL CASH PRICE ALLOWANCE FOR TRADE IN BALANCE SALES TAX PTA TAX ~3~;j) ;s., , l.'.j,;.. TEMP, T,A,G ENCUMBRANCE FEE rlTLE REGISTRATION TRANSFER INCAE,A,SEFEE 1 : '~. ~ DOCUMENTARY FEES ENCUMBRANCE ON TRADE OWED TO TOTAL BALANCE DUE DEPOSIT DEPOSIT BALANCE DUE AT DELIVERY ADDITIONS OR DELETIONS GOOD THROUGH '. -.;t.)4, ~ 40 -JI).( 21&,J,~ EXTENDEG ~ARRANTl 4 ~';.,.I ~'::'.I ::' ~"', 'p..t- A A_vnold..A_vnoldl ~ITtfO'N USA, ON<~'A li/- , , " ~r:: ~i I 111 j t-.., 0' J V} ) /> r) ..j ~ ..., ::.> 'J- ...'1 "'" " ,7 ... l (j2 G) co '" .., CO '" a 13 ~ !:> ~ < g en :;! Z .. ~ ~ S u '" >- <ia ~ ~ . z :; ~ ~ ~ ::J z . ~ '" " <ia iii :0 < 0 u .... '" Lo , ~J ..... DENNIS BAKER : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff V. FRANCIS FOR FORD and FORD MOTOR COMPANY Defendants . 1~!lII> . --. t ?? - .) 3.:1.2 ~ I.L..-, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a jUdgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 TRUE COPY FROM RECORD In TflStlmooy wtleroof, I here IInto SIll my hand alld the seal 01 s,'1d Court at Carlisle, Pa. This /1; ~y ~~~~ ' 1~'19 .-. ( J), r: '~.J "-<I Prothonotary DENNIS BAKER Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION. LAW V. FRANCIS FOR FORD and FORD MOTOR COMPANY 'f : NO, ((9. 23;JL C1.~ ~~ Defendants COMPLAINT 1) Plaintiff is Dennis J. Baker an adult individual residing at 35 Limekiln ,.,: ;';f Road, Carlisle, Pennsylvania 17013. On or about September 8, 1997 the Plaintiff purchased a used 1995 Ford F.250, VIN 2FTH26F1 SCA71423, motor vehicle from Defendants. The Plaintiff paid $23,995.00 for the vehicle. The relevant portions of the . .:j <'; , ~ -I~ ! ".' written contract between the parties is allached as Exhibit A. :.t 2) Defendants are Francis For Ford, a Ford Dealer doing business at Cameron & Paxton, P.O, Box 1737, Harrisburg, Pennsylvania 17105 and Ford Motor Company, a corporation with headquarters at The American Road, Dearborn, Michigan. 3) Since Plaintiff's purchase of the vehicle the truck has had numerous problems requiring repairs as follows: a) On September 15, 1997 the vehicle was repaired due to the front- end alignment and problems with the transmission. b) On October 7, 1997 the vehicle was subject to repairs because it would not start. This required the vehicle being towed from Mr. Baker's residence to a Ford dealer. c) On or about December 16, 1997 the vehicle was repaired because it would not start, d) On or about June 23, 1998 the vehicle was repaired because it II: ;" 'I would not start and would shut off unexpectedly, e) On September 28, 1998 the vehicle was repaired due to smoke from the exhaust and a loss of power. f) On December 29, 1998 the vehicle was repaired for problems with the electriCal system. 4) Because of the repeated problems with the motor vehicle the Plaintiff obtained information from the Pennsylvania Department of Transportation as to the :'/ prior ownership of the vehicle, Plaintiff has learned that a tiUe was issued in Texas on May 28, 1996 to Charlie and Christy Burleson of Lubbock, Texas, The Burleson's purchased the vehicle from Gene Messer Ford, Inc., of Lubbock, Texas and the vehicle had 21,394 miles on it. The Burleson's sold the vehicle on January 31, 1997 to Shamrock Chevroletlnc" of Lubbock, Texas. Thereafter the vehicle was transferred to :... Davis Motor Company, to Jubilee Motor Company, to Woodland Auto Sales Inc., who in turn sold it to Francis For Ford. 5) Plaintiff has obtained the repair records for the motor vehicle during the time it was owned by the Burlesons, Those repair records show that in the eight months that the Burleson's owned the motor vehicle that it was repaired on eleven different occasions. 6) Mr. Burleson has been contacted and he reports that the vehicle was , , " extremely unreliable and almost cost him his job due to t~e frequent repairs required by ,! j j, the motor vehicle. 7) At the time of the sale the Defendant Francis represented that the vehicle was 'Gold Medallion Certified" and had received a '75 Point Vehicle Check on ALL Pre-Owned Vehicles". 8) Defendant Francis is an agent or franchisee of Ford Motor Company and as an agent or franchisee of Ford Motor Company has access to the repair records 01 vehicles produced by Ford Motor Company. 9)' At the time of the purchase of the vehicle by the Plaintiff, the Defendant Francis knew that the Plaintiff was purchasing the vehicle for regular dally usage COUNT I 10) The Plaintiff incorporates paragraphs 1 through 9 herein, 11) Pursuant to the Uniform Commercial Code the lollowing warranties apply to the vehicle purchased by the Plaintiff: Implied warranty: merchantability; usage 01 trade (13 Pa CSA See, 2314) and Implied warranty: fitness for a particular purpose (13 Pa CSA Sec. 2315). . 12) To exclude the aforementioned warranties the language should be in writing and conspicuous. 13) The purported exclusion in Defendant Francis' documents is not conspicuous and therefore not effective. 14) The aforementioned warranties are in effect and the vehicle has not performed to the standard of the warranties in that it is unreliable and not useful for regular and daily use as a motor vehicle. WHEREFORE, Plaintiff respectfully requests that the contract between the parties be rescinded and that the purchase price 01 tho vehicle bo refunded, that Plaintiff recover damages against the Defendant for all expenses associated with the repairs to the vehicle, that Plaintiff recover the interest he has paid for the financing for the vehicle and such other relief as is just and equitable. COUNT II 15) The Plaintiff incorporates paragraph 1 through 14 herein. 16)" In the alternative, Plaintiff avers that the Plaintiff and Defendant Francis .. were both unaware of the prior history requiring frequent repairs at the time that they entered into their contract. 17) Plaintiff and Defendant were both subject to a mutual mistake as to a material fact, that being, the fitness and merchantability of the motor vehicle at the time that they made their contract. WHEREFORE, Plaintiff respectfully requests that the Court rescind the contract and order the Defendant to refund the purchase price to the Plaintiff so as to return the parties to their original position. COUNT III 18) Plaintiff incorporates paragraphs 1 through 17 herein, 19) In the alternative, the Plaintiff avers that the Defendant Francis knew, or should have known, as an agent of Ford Motor Company the history of the vehicle which required frequent repairs such that the vehicle was not reliable and not fit for the purpose intended, to wit, regular daily transportation. WHEREFORE, Plaintiff respectfully requests that ~ontract between the parties be rescinded and that Plaintiff recover damages against the Defendant for out of pocket expenses associated with the repairs of the vehicle, interest he has paid for the financing for the vehicle, and such other relief as is just and equitable Including costs and allorneys' fees if it be determined that the Defendant was aware ollha problems with the vehicle and failed to disclose them, COUNT IV 20) Plaintiff incorporates paragraphs 1 through 20 herein 21) Defendant Ford Motor Company, as manufacturer 01 the mol or vehicle, has reason to know of the frequency and need for repair of vehicles it produces. The Plaintiff believes that prior to the Burleson's purchase of the vehicle thet it was subject to frequent repairs during the period 01 time it was under the manulacturers warranties, The Plaintiff believes that the vehicle is one that tha Delendant Ford knew or had reason to know was not fit for the purpose intended nor merchantable, and despite that, Defendant Ford allowed the vehicle \0 remain in the market piece. 22) Plaintiff avers that as a consumer he is an intended beneficiary of the warranties of fitness and merchantability 01 the products produced by Defendant Ford and that Ford's failure to remove this vehicle from the marketplace ha~ caused him to be damaged. WHEREFORE, Plaintiff respectfully requests that he Court order and direct that Defendant Ford take back the vehicle and that Plaintilf recover damages against the Defendant for out of pocket expenses associated with repairs to the vehicle, interest he has paid for financing the vehicle, and such other relief as is just and equitable including costs and allorney fees if it be determined that the Defendant was aware 01 the problems with the vehicle and permilled ilto remain In the marketplace. ..' .FRANCIS FOR FORDS FonD p (' ~~ '. . 'I' PttONE 23HORD 7t 7,23H~21 c,......,:., t. P.lO' '" s,~ HARRISOURG PA 1710\ "" (,i.NN I S J B~KER 09-08-97 1'1 L , 17613lZ7 :o..uYI" IOR'VU1ll( , _ _____L_____~_. __ "."V, LIMEKILN RG 01" (ARL!$lE PA 17un'''' ~5g.4.;10 "0 """'" .... COl./JR r.", Mtl.(AOE "" TlTU!NO. ..... "" ...,.. MILLER INS AGENCY ~ BR00KYOOD AVE (ARLI~LE PA ~~UM~,:)~24 COl....ISION DEDUCTl8lE 500, .1i' ~"'~EWICANS MANUFACTURES ....."IWt'3 EXP, "'Y0632 SPOKE WITH VERIFIED 8Y -..._- . o FACT RY WARRANTY. TI'I. lK;loty warranty constitutes all ot I". wltrantil, with rlS'pelIO 'I\e ur. of this lIemlllem,. The .ellot hereby ..prnsly disclaims all Wlr,anti". either ..p'ossed Of implied Induding any Implied warranty of m'rchantabilily at filne" lot.. paJ1lc:ulat purpose, ancIl~ 1eI1.,. neiltlef' ulume, nor lulhot1Zl, any OUIIt person 10 assume lor il any liability in CCNlnecliOn wiltl the tale Of lhll ltlmlitems. o USED CAR WARRANTY. Used elf Is cover'" by . limited warranty delarl&d In . slparale doc:umotnl. a AS IS. This molOl vehicle Is SOld "AS IS" 'fI'IItIoyt any warranty eithe, elplQssed 01' ImpliO(l. The plU'Ch&Mr win bear the entire" nse 01 repairing or COffecting Illy delecllhal presently e.is15 01' tNl maYClCcur In the vehicle. PURCHASER'S SIGNATURE X If you cancel this purenase agreement Of' re use to take delivery 01 the vehicle ordered, except as permitted by law, 'yOu shall, at our option, lorfeit as damages the amount of $ PURCHASER'S SIGNATURE X Pwcnu., 1'I.'ttlJ .e~I\O'toI"";n'o l~' .:~.. ~..~,. USED CAR CONTRACTUAL DISCLOSURE STATEMENT The information you see on the window form lor this vehicle is part 01 this contract. 'n'ormarion on the window lorm overrides any contrary provisions in this contract 01 sale. Purchaser agrees that this order inciudes all of the terms and conditions on both the lace and reverse side hereof, that this order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive slatement 01 the terms of agreement relating to the subject matters covered hereby, This order shall not become binding until accepted by the dealer or his authorized representative. " ~':" _l~ .). ?'~} ~~ .~',~, ~ J" . :,' .. ~; ~..i ":: .~. .,; :\ " ~ ".'. I"~~ t.~!;.~ :'i::~r.' _"., ':0:',,'-;' ::'; :'-":1" ~''';' } ,~~ : : ':"'; ':" r'n:r~,$~-:' ,'",., ,r'. ,j .'''r; ,',' ~'..,. :';' :.: ;. :, ":'~:.l'.~,- ': ~"'-: '. . ,-.' Purchaser' by iiis 'execution 01 this order acknowledges thaI he has read iis terms and conditions and has received a true copy 01 this order. PURCHASER'S :\ SIGNATURE X DATE PURCHASER'S I '", . .,.,I./<- /, , '7 SIGNATURE I ' !..: '~!t., , .... , DATE ,. :,.. " .- ACCEPTED BY' DATE NEW 0 OR USED D-DEMO 0 ~;r I HS FORO a..1\II----.--- TliOi REO/YHITE y:;e..--- 2fTHF26flSCA71423 PA984 GULl(K,lARRt f'/U 'iO .. "'. 08 SEP 1,997 ~UGG[STEO RETAIL PP!(E 2; OI~(OUNTED PRICE ':$; )0'" TOTAL CASH PRICE ALLOWANCE FOR TRADE IN BALANCE SALES TAX PTA TAX .:.,);'r.... )'," -. t .: .' ~. . TEMP, tAG ENcuMeRANCE FEE TITLE REGISTRATION TRANSFER INCREASE FEE DOCUMENTARY FEES ENCUMBRANCE ON TI1ADE OWED TO TOTAL BALANCE DUE DEPOSIT DEPOSIT BALANCE DUE AT DELIVERY ADDITIONS OR DELETIONS GOOD THROUGH 4''; . '::1':;' [,TENDEI, i\~,;RRANT'r 09-08-9 . -, 0" A ,NEW BALANCE 1):1. ~-.:" TAX :!~ ~j'~-9 OEAlER OR HIS AUTHORIZED REPRESENTATIVE R.ynOldt.R'Jnoldt LlT..o'''VS4 on.usa TOTAL ~"',\.~ A ....~i,j ; .: , . , '. " " n ,.,,' .1 '7 neither admit nor deny the allegations contalncd therein, 7. Ford Motor Company was not a party to the rctail sales transaction. 8. Ford Motor Company admits that Francis Ford is an authorized Ford dealership. However, it is a separate and distinct corporate entity and not an agcnt of Ford Motor Company. 9. Ford Motor Company was not a party to the rctail salcs transaction. AS TO COUNT I 10. Ford repeats and reiterates its answers to the allegations of paragraphs 1 _ 9 with full force and effect as though more fully set forth. 11. Ford denies that fitness for a particular purpose would be covered under any warranty from Ford Motor Company, 12. Admitted. 13. Ford Motor Company was not a party to the retail sales transaction. 14. Ford denies that any warranties it issued are in effect. AS TO COUNT..ll 15. Ford repeats and reiterates its answers to the allegations of paragraphs 1 _ 14 with full force and effect as though more fully set forth. 16. Ford Motor Company was not a party to the retail sales transaction. 17. Ford Motor Company was not a party to the retail sales transaction. AS TO COUNT III 18. Ford repeats and reiterates its answers to the allegations of paragraphs 1 _ 17 with full force and effect as though more fully set forth. 19. Ford denies that Francis Ford is an agent of Ford Motor Company. AS TO COUNT IV 20. Ford rcpeats and rcitcratcs its answcrs to thc a1lcgations of paragraphs 1 . 19 with full force and cffcct as though morc fully set forth. 21. Dcnicd. 22. Dcnicd. NEW MATl'ER 23. The aIlcged non-conformity, dcfect or condition does not substantially impair the usc, valuc or safety of the vehiclc. 24. The alleged non-conformity, defect or condition is the rcsult of abuse, ncglcct or unauthorized modifications or alterations of the motor vehicle. 25. Plaintiffs damages are as limited by the conspicuous disclaimer contained in the written warranty to repair or replacement of the allegedly defective goods, and consequential damages are expressly excluded pursuant to the applicable provisions of the Uniform Commercial Code. 26. The non-conformity, defect or condition is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle. 27. Any and all injuries and damages sustained were the result of a third party over whom this party had no control. 28. Plaintiff failed to file a Complaint within the time prescribed by the applicable Statute of Limitations. 29. The warranty given to the plaintiff at the time of sale has expired by its express terms and conditions. WHEREFORE, this defendant requests this Honorable Court to enter judgment in CERTIFICATE OF MAILING I, lames S. Dobis, Esq., do hereby certify that service of a true and correct copy of the within dcfcndant's, Ford Motor Company, Answer with New Mattcr to Plaintiff's Complaint was made on this 23rd day of lune, 1999, to the below listed counsel by United States mail, postage prepaid. Robert I.. O'Brien, Esq. O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 ::~ , i , , ! I., I......, I, ,::::~; ; :,:: If' :"'f .- ;-."; .,-') ... ~ 'P f"';' ..-, '. ~: :~;; L ~',.,~ 1iF1; 1::2 l ~~, 'I.' ;".f It.',;~ - f.r: GI ~- ~;~. ; ". '--'i l~) I ,1. \~\'I\L: ;".1._ F " G ~. .. ., . ,~ :'-... :-.~) ,,~ G', 1 -.".. .>:.; - "ij ;:1.. .; ":i o W ,>oj /.,: ~ r-. .. , , , . . , ", !: I r. I, '" , . , ,-, j " , U co .., '" 0 CO ~ '" a ~ < ~ V) ,. ::l .. ~ !.! <..:l '" ~ Ii ii: ~ z z ~ -< .. ~ a::l ::l ~ :z: ~ ~ '" " il ii: < a::l v 0 -. "'1 ; \, ",r~ ' ~ '~J ' ". ~: < ~, (. . I .., :1' ~"r' "::'01 , ".~.j.. I I , ,'., ..... ",,,.,,\ C.......I\:;-...:~:.'tC...l.. jJC.l\I'..... DENNIS BAKER Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION. LAW V. FRANCIS FOR FORD and FORD MOTOR COMPANY : NO. 99-2322 Defendants PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes the Plaintiff, Dennis Baker, and files the following Interrogatories to be answered by the above named defendants under oath with thirty (30) days from the date of service hereof. These interrogatories are continuing and any additional information which becomes known to the party or party's counsel after answers are filed shall be set forth in supplementary answers which are to be filed, without demand by the plaintiffs' attorneys, as soon as the additional information is known. DEFINITIONS A. The term "record(s)" as used herein shall mean the original and any copy, marked up copy, revision, amendment, modification, non-identical copy and/or draft, or any written, printed, typed, drawn or other graphic matter of any kind or nature, however, produced or reproduced, whether or not sent or received, including without limitation; memoranda, reports, computations, estimates, communications, financial reports or statements, notes, transcripts, letters, correspondence, intra or inter office communications, envelopes, telegrams, cables, telephone messages, messages, . , i I 'I summaries or records of telephone conversations, summaries or records of personal conversations or interviews, minutes, notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers, summaries, Journals, statistical records, calendars, appointment books, diaries, plans, drawings, blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices, checks, recaipts, payroll records, summaries or records of meetings or conferences, minutes or tape recordings of meetings or conferences, summaries or reports of investigations, opinions or reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts, articles, magazines, newspapers, booklets, circulars, bulletins, press releases, notices, instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion picture film, microfilms, photographs, tapes or other recordings, punch charts, computer programs, magnetic tapes, discs, data cells, drums, printout and other data computations from which information can be obtained, and marginal comments appearing on any documents, and all other writings in the possession, custody or control of Plaintiffs or their agents, officers, employees or attorneys. B. "Person" or "Persons" shall mean any natural individual or corporation, firm, partnerShip, proprietorship, association, Joint venture, governmental entity or any other business or government organization. 5. Does the Defendant Ford Molor Company have record of the prior owners, their names and addresses, of the Plaintiff's Ford vehicle? If the answer Is In the affirmativa, please provide copies of the records relating to prior ownership and identify those persons. ANSWER: f: L I l. I' I 6. What was the relationship of Francis for Ford of Harrisburg, PA to the Defendant Ford Motor Company? ANSWER: .. " ',. " - : ,.. ,. .' r i " " ~ ; . : :L! , ~ ' :~:1 ) ''':'J U 0:: ..... ,., 0:: 2; ..... !> :x: ~ < <.> ~ Vl ::! Z ::J .. ~ < >I > ~ ~ 6 <.> ~ >- '" ~ ~ ~ z -< z ~ ~ ~ <Q ::J :z ~ ~ ..... '" '" ;! <Q < 0 u . o . . . DENNIS BAKER In the Court of Common Pleas of CUMBERLAND COUNTY vs No. 2322 Civil 19.9..9.. FRANCIS FOR FORD and FORD MOTOR COMPANY Dear Prothonotary: Please mark the above-captioned action as settled and discontinued. ,~ / To Curtis Long Prothonotary November 15, 2002 -~J-~A-UA-- Attorney for Plaintiff Robert L. O'Brien, Esquire