Loading...
HomeMy WebLinkAbout99-03191 gt RvJ§! I f „i 0 :?L1 r [j?y ?T 1'tiY `?vV' . _.._. ___ __ _ ...__ ? ;i' i i I i i I MICHELLE RUMFORD-CARRANZA 20 E. Street #11 Mt. Holly Springs, PA 17065 V. BIG DOG AUTO SALES, INC. 1645 B Trindle Road Carlisle, PA 17013 and NATIONAL WARRANTY INSURANCE CO. 200 Lyncrest Drive Lincoln, NE 68510 IN THE COURT OF COMMON PLEAS s CUMBERLAND COUNTY, PENNSYLVANIA s s . NO. ?i'y 3 l4 ?trtc?C CIVIL ACTION - LAW NOTICE TO DEFEND 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 you 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 TELEPHONE: (717) 244-3166 MICHELLE RUMFORD-CARRANZA 20 E. Street #11 Mt. Holly Springs, PA 17065 V. BIG DOG AUTO SALES, INC. 1645 B Trindle Road Carlisle, PA 17013 and NATIONAL WARRANTY INSURANCE CO 200 Lyncrest Drive Lincoln, NE 68510 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA s NO. Cf'e/- 3/9l C(cn (' rz.. - CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Michelle Rumford-Carranza, is an adult individual citizen and legal resident of the commonwealth of Pennsylvania, residing at 20 East Street #11, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant, Big Dog Auto Sales, inc., is an incorporated business with its principal place of business in the Commonwealth of Pennsylvania, and can be served at 1645-B Trindle Road, Carlisle, Pennsylvania 17013. 3. Defendant, National Warranty Insurance Company, is a business corporation with its principal place of business located in Nebraska, and can be served via certified mail at 200 Lyncrest Drive, Lincoln, Nebraska 68510-2229. BACKGROUND 4. on or about August 9, 1996, Plaintiff purchased a pre- owned 1991 Dodge Colt Vista, warranted by Defendants, bearing the Vehicle Identification Number JB4FH31VXMZ027333. The vehicle was purchased and is registered in the commonwealth of Pennsylvania. 5. The purchase price of the vehicle, including registration charges, document fees, sales tax, finance and bank charges, totaled more than $13,203.26. A true and correct copy of the Sales Agreement is attached hereto, made a part hereof and marked as Exhibit "A." 6. Plaintiff purchased a Smart Choice warranty from the National Warranty Insurance Company for 3 years or 36,000 miles for $999.00, which cost was added to the purchase price of the vehicle. A true and correct copy of the Smart Choice Warranty is attached hereto, made a part hereof and marked Exhibit "B." 7. Plaintiff avers that as a result of the misrepresentations made to her by Defendant Big Dog Auto Sales, Inc., about the fitness of the subject vehicle, in addition to the ineffective repair attempts made by Defendants and their agents, the vehicle cannot be used for the purposes intended by Plaintiff at the time of acquisition; as such, the vehicle is worthless. 8. On or about January 27, 1997, the subject vehicle experienced engine problems and a squealing fan belt, was inoperable and had to be towed to Defendant Big Dog Auto Sales, Inc., for repairs. At that time, spark plugs and a coil wire were replaced at a cost of $203.38, including towing. A true and correct copy of the repair invoice and the towing invoice are attached hereto, made a part hereof and marked Exhibit "C." 9. On July 16, 1997, Plaintiff again brought the car to Big Dog Auto Sales, Inc., to replace the brake pads and ball 2 joint. Also on this date, a state inspection was performed. Plaintiff was charged $179.22 for the repairs made on this date. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "D." 10. On August 28, 1997, the vehicle again had engine problems and was brought in for repairs. The Plaintiff was without her vehicle for six (6) weeks, from August 28, 1997, through October 1, 1997. During this period, a piston was replaced at a cost of $463.75, of which $413.75 was paid by National Warranty. Also during this period, a used engine was installed, heads were removed and replaced, and spark plugs and belts were replaced at a cost of $1,241.77; $102.05 of which was paid by Plaintiff. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "E." 11. Immediately after Plaintiff retrieved her vehicle on October 1, 1997, she noticed that the air-conditioning was not working. Plaintiff was unable to return the vehicle for repairs after having been without the vehicle for so long and, therefore, called Big Dog Auto Sales, Inc., and informed them of the problem. 12. On April 20, 1998, repairs were made to replace two fuel lines. Also on that date, the air conditioning was checked, and a compressor was found to be defective. The cost of these repairs totaled $148.93, of which Plaintiff paid $50.00. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "F." 3 i j i COUNT I UNIFORM COMMERCIAL CODE 13. Plaintiff hereby incorporates paragraphs 1 through 12 by reference as if set forth at length herein. 14. The defects and non-conformities existing within the vehicle constitute a breach of contractual and statutory obligations of Defendants, including but not limited to the following: a. Express Warranty; b. Implied Warranty of Merchantability as provided pursuant to the Pennsylvania Commercial Code; and C. Implied Warranty Of Fitness For A Particular Purpose in accordance with the Pennsylvania commercial Code. 15. The purposes for which Plaintiff purchased this vehicle include but are not limited to her personal, family and household use. 16. At the time of this purchase and at all times subsequent thereto, Plaintiff has justifiably relied upon Defendants, express warranties and implied warranties of fitness for a particular purpose and implied warranties of merchantability. 17. At the time of the purchase and at all times subsequent thereto, Defendants were aware Plaintiff was relying upon Defendants, express and implied warranties, obligations, and representations with regard to the subject vehicle. 4 18. Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendants to honor their express and implied warranties. 19. Such damages include, but are not limited to, the purchase price of the vehicle plus all collateral charges, including attorney fees and costs, as well as other expenses, the full extent of which are not yet known. WHEREFORE, Plaintiff respectfully demands judgment in her favor and against Defendants, in an amount equal to the purchase price of the subject vehicle, plus all available collateral charges and attorney fees that this Honorable Court deems necessary and proper. COUNT II UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 20. Plaintiff hereby incorporates paragraphs 1 through 19 by reference as if set forth at length herein. 21. The Unfair Trade Practices and Consumer Protection Law defines unfair methods of competition to include the following: (vii). Representing that goods or services are of a particular standard, quality or grade, or that the goods are of a particular style or model, if they are of another. (xiv). Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to, or after a contract for the purchase of goods or services is made. (xvii). Engaging in any other fraudulent conduct which creates a likelihood of confusion or of misunderstanding. 5 22. Plaintiff believes, and therefore avers, that the reckless, wanton and willful failure of Defendants to comply with the terms of the written warranties, along with Defendants' misrepresentations to Plaintiff as to the vehicle's condition at purchase, constitute an unfair method of competition. 23. Section 201-9.2(a) of the Unfair Trade Practices and Consumer Protection Law, authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations of the Act. Plaintiff respectfully demands judgment in her favor and against Defendants in an amount equal to three (3) times the purchase price of the subject vehicle, plus all available collateral charges and attorney fees that this Honorable Court deems necessary and proper. Respectfully submitted, KILLIAN & GEPHART Br le A. -Schu , EsgU1 orn I.D. #15154 18 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: Attorneys for Plaintiff 6 VERIFICATION I, Michelle Rumford-Carranza, verify that I am the Plaintiff in this action and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Michelle Rumford arranza EXHIBIT "A" Ir rrr r I r r In I ,I rr.. ,r .,IrM .rl J1 t, '- r TRUTH IN LENDING DISCLOSURES Arr..„en Da,a.1 ArltlllAL. IRIANCF ,ro l'.-..• I,.,.rr,r nd Pnr'n,n?l', PFRCPIITAGE CHA11Gl-. NA TL 1.... l . ? r , r r Inl rl•' ,I i'.I II ??,/r s J/d s'.r'''1 w 11Y' „r .,, r,, ., .r, rr rn lPU V"'uP. ro prnl'..rl,h.,......r.,.r.r.,l . 1 1.:1 I1 11,1,111-1Yrnrnil11r1 1 1 ,.y,..I: I l L.I. Cluny 1; 11 r ,.n.- 11 w . ..v o,.. .•nn...nn ,, it P1."Ynlnm It ..n,r.I ,In. , Cr.nn ulwm.r. .. n, n In UnI n I 1i e Y + I M I I x? IIn 1}rqn nIIr. r.l„M1+. I,ryn m r nCII I I, YnrrJ u lr n rvl I. Pn,I il.n ln L1I rl:n n n vlla •rII nL, Inlw.n¢nn u• m1" IVun'n1 uLlp x n N nxl II ul I'rolnl'.r.JOirnld n m.I evrrn U u1 uILnI eL in I n nr .1 Ibx IPIrurJ nI In51:b1n,u fnxll lIr Iln, nnn a5 nu.Inn Wr I I nu,lnm, n•nnc,n. nr n.n,. au er'Iwl,u.n• n,nr'n.nn ul,lnunn rn ru rr.•,ur.mn,l „nrl.Ln,e. Type PromlUm slRnnlwO Salft 2 ti LJII ? Nl ur??l:n•.Ll Lnr lrr5ur.ul.n Ayn H.y.zlvLl .4yrl. II:. A. Joml rl l C . ,r! l na,pmrn Apr•. NOrlrrn myJO.nICreJrl111, S,yndlu,u al Genaunu..v _ of nDiny $ 1K 3 Q J 1 ll rn nr101crrn ry Ali. 111 In Mn nrl "'n.lln r V. I Iun.lrnlann Ipn1YIL,m.I I I.ln<plIII...1xm1uxnJrnAnanrnInr..II,u.nalnAiI!nIinnnrulV, rI.," I,y nulro• In Um I..'l rn xntm9-.ran eP' n I I :mru I,. ti I" Vnu Aral n.rnnn .V I.;, rnllrnU nl rn.,In:I•.......... q," II Vnlr Ju IIn1 ""A"I Iru• nUnv,• nifil n,.rrrn'. r,., nnn Ilrn.I'Ilrr knJ t. P..0 in Inll Ilrrnr In Rnl 1.,111 n.flJi.rrv,nl rlrrn 1.11. nr.1111. nUxvn,",Inn rn.nrxr.co H Ilrnnrr..,lr,rl kin .,If in llol n I.IIn W I rnn Rxl in.IrnrYrr cIwk,k-, lz rM1,nr o nV I.I Ill!MRATION OF AMOUNT FINANCED I CA. A 'I rl,n): V 'n, ni. 5n, .. UIIn'S $ IIl'?. .r1 rll 3 TUr ID o v Inm-1-i si. f S 1 nSrYY /1 3 :J(I1 ` I^I M,.., ,en Lr n..umn l wIPAm Osanrn m Cn:n Pru.a P m.mu:1 A OII.rrCT.jolIII, kill a,nxms Pwa 100!^rns nn yr nx n,m.,x A R, ,Urxxit rni, -.alOnin.n, 1r.auenrcx nAiemrrurnnn,r almnary s e emm.';x1.Ixn,un.111.11n1 lmrna ncx n:rru In l: AUrxnre<nn. p: v.y 5 ''!' ` rn , mOl o- r n ,m In l Ln C C / .. x remnwo m , msu n rn u y Onunw, lam n, :/I/ 'r, D onnnnal Cnrnn ouamrnv'mnrxnrn n.,rnm nnorA.cn mr,nrar.Y ... s - EL,nx.TO*nnrl Rx9w11kinn F'msnannn maJrc nl!rm'S 3 _ F01nm?blrnr5(° nxr mull Axnlrry .,1. Y1.11 I'll 0.,Y "I'd Jnsyrum PUN.1an in ur In In, 5 / O n. GrgnS n.nunln Fall m On.x,snrl YI fl,v.,1 Iamu A ZZ f --'A ' Lli 1? ?•/1" 5An. F ,.11JnN I n., urn(J. 1) - - SALEOFCONTRACT: ME(IC's"HNAN(:1_I:()1.11'ANV(llII NNSYLVANIA nr:lvllly l". 111 n rrlrnllllurnllrrr".r.,n..Ig.lrln,.,u.rrilr.rl.lnr.rrril nr lI, am li.rllnn Pnur In..nlnr .I.fn, n.r... I ul Tin... 1.1 rk,l'. Ynu nJrn Inm.l.n .nn,r ll l.nlx•nn.n lIn...nI I .n n .... l, ,, l." i,n,. I 11.I1 frl Anlnr.In.r,IY,n nUnl3 l.nn Y yo.u P.II..mnn.U,Iry:lleiq'ronn .nn ., nm.ox t-l PREPAYM@RRCOAIE: IfY I JnY nla'1'I It ,p ry I 11, n1111,1 IJV I- .I-nv C-11 In0.1nn,111 '1']I, n m, lei rl'nnU ,nr., f ra l:nnUl rl ill mht" PIF.V L1. r. n Rllp,;na.I „ ,x, nl nenix..nnl nn.r.n., Fnn.n.I Cn,nyx NSF CHECK CHARGER nIt V'^r'. ,'111 Ali, ,t Ilry rn .-kin II. I,nnn'. I l ,,!II1 ?,-1.I r-Vi, , .'nnl I, v. . a nr III, " 11 1 I'll I Ill a ".1 n. n 'I .. .I,N,. r.: n lnY 111 1.11 Till l1 r. . it ,.n 11, '.. l....! '. II rv ACCCLC RAi.ONRCn A iC I'I:. I'll-I,II I' I, . I ,.Vin Ir: rI.INY 1, ,r•r ll .. ,1Ill."xll kI.,.I r.,nn n YIN:.' S Il n,nrlUlr:rn.:I-j,I.A I.I..ilr n.:ll.?l(..."nl,..,l..nnvn.lnn'..rrl,nl,,.,.,,, nr Inn11.11"t I :.r nr. ulURII-NR•n m 11 CnJ., Prlnu I .. Till lr.. . u nnn, u ., ..,...+ uuM SEC C D lFnCST -11" ' ........ n,I.xlnnPnn.v'v nJ Ill nY .l Y link n , - ,.1 t It n I.I. I rr ?................ , nrnnrnll n Ill It I I , . Ill nL.,l r. .. I I IINkI nnv AVIOMOBII E. PHYSICAL UAMAG( INSIInAI1C1' 15111 OIIIn CD UNDER Tilt I I rims OF THIS CONIFIACT YOU NAVL 1H1. RIGHT 10 C.100SE TIIE PC I15011 THIIOUGII WHOM TIIF AIITOMOUILC 1111VIACAL IIAIkk IN':UIIANCC II E 01111111) NNW 111111:1 CONTRACT 1510 BE OBIAINCO. HC W FvC 11, ANY Df OUCTIBLE TNk PtLNO01 MAY NOt LICCI O Si00 120. THE INSURANCE CONTRACTED FOR IN CONNECTION WITH THIS SFCUNITY AGRELI,IENT DOES NOl PROVIDE FOIL LIABILITY INSURANCE FOR BODILY INJURY AND PROPERTY CAAIAGES CAUSED TOOTI/ERS. ADDITIONAL TE 1115 ANDCONRIT IONS TN[ ADUNIONAL11: n M5 AND CONDI1 IONS SE l FORTHON 1111. RL II.li d[ JILII If In IN Alit. A PAW W 1111'1 cu TRACT AND ARE INCOnPURAT FD HCn LIN BY ALf LIILNCC. `r nip 1,, lp -, nl NOTICE TO DUPER n II (I I? 1I i ittli" lA r. r 1l - til (1100 not 01pn this c nllract b0lolu you r0atl it or II II x... nx : , 5nI!I , , ., u.. r ._..n.r r., n'n cDntaInS RRT hII,k .Pacrs. I Ill "^'""'^ ^ t .y, _ •m ralcl,al __ _ _ _ .,1.,. fIO.NAMIU• r..n r ...,,y 1.n. o.,.., . ,..1 I ...n......1. 511111 vl.1. in" III, VOU 111 d 10 11 n 111 .¢1 F01I1 ' of Bill CnRllact You 1.1 Tim en1 c . sign. (R) Krrp 1110 PnN00t Yuur L•RDI nIIOLS. Bu er hereby acknowledges receipt of all eKacf and completely fined in copy of this contract at the time of its execution. ti. PLAINTIFF'S EXHIBIT Wrll 111111. I'll 'x Ilrl11x. r..... .nJ nl lnllrllYll,.1111.11III,JIIr n.. IJI.IIIVr\, D l f l 10 ell r n n 1. II I.r 11rn I.: I I r l l l l nn, 1111.1.11. nl I c lrrnl,IIr I I I V J I I . . . {Ilnlr nlly llnrn Ill' rn 1. tinllnl ul llr.. cllv[InJ IIV. Ill l.lle w......n 111.1'Ol O, Jl•Ilvnl rid to vllrl Ill. v' l Inllrlr. IlaI l l.• nf.vlo I l l l in rpllullnnirnl. Of I'll, II JI If III" I. l f.1....1 wr If Ill 1111, ^. r 1. v,..r.1-1 Iln..v •In r l... 1111. I1nIY11111J111n onlVrlllllllrll LV In w ............. wrll ,ln......lrn, 4..1111. 1nnI,OIIJeI Ol I— 111 xy r Ill ll v.l ll lr r rl,rll. I l.ll v.. nnnlo- u,r moon wlnnl 111 r11n nm..1'L. J, o.,1r1,IV 1 I.q on' o,r l N If ur11r on11: l•'r',.Illnr..n rl l.nl l.ra u1Ol.l,gl 1•.1r.I I"II 41 If Ill Irll 1 ,1 111, 11 1111. 11 rl. ", 1 I.1 I . .1 I1." 1 I'I '{ 1 1 1 '11P Ii 170 .. I ul 'I . 0 1 1 1- 111 1 .. , .... "I". II.ll- . 11. .,1I 1,1 11,' u,rl.. t 1 I n nl $IU OII .n..n Irl .ll ?. ,r 1 1 l a I. nv.n. 1 I'll n .11i [ It .r Ir151+n If Ir11nr 1 P11rv1 1.1.11111iT or JuJ.ll.lr.r11 .r II I'I .I I,r I'I..'• .111 r.. 1i1J,1rn -.k I 11 ...,.. r'I'.1.' .r ,ar. . r. PI.. ll.l. 1.n I II. .I 1. r I it . ,1 t1' 11 j Iiit V.1 r I p 1 11 PI Ifnra it 'i.n .. .. .I ..I,..1.. r.l...•,., r '..1w 1.: 1.., ... i. 1 i'VI 1.1.,.....I.IIII.. i1'1 i. i., 1 ..1.. r.. I. ..i r 1 1 T11 1 11 1 • r ,....l ...n Iri.11. r .111 tl? '.IA 1.. IJ 1r"'..li r " I I.r, nn IY I?I..rr.l r ...1 .••" +,.,,'. _.1 ?1,r1..r I...I.I.l.r.l 1 I'..r,-n„f. 1. ', rllll'1 'rr r.l lni.l... r.?'Ir lil it ,.r ri,.... v: l • -. _.1 I'.1.li il' I'rv l"1 ..1.1 r. • 1 ?. v„1,1 ..1..i ..I,.,..'.I .IIn r.l r 1 r ,•11.1 . r 1 ...11 r I`I I 1 'I' rl I 1 I'. .I I.. yl' r,l i.r I „i'1 r r r I,., .. I?.II ,.1. 11 r 111.1. . I.I.II „1111.. O 1..p•'K All 1 I. vl 1.11 IL-IIV llI I•'.. I r IO'rml lx r IV 41 {•.11119 l' .^l Irl II.I rr 11 111 1l 11 nr.. . . I .y...I. I.1i.1111v.1..I l. . 1'.. I. ...11101'. 1111.1 111 II1 nI..wI iNliy 1,n Al10nl1.- 11 'YO1 .a In I.IIIIn lrryu II Ili lln. p rnprl•Y 1 Ill; 11114 "1" 11 I I1 Vl 11 ... I I I' .1r I 1 I..Ill.. I, I -:1 Vr1 1 1 ' I1 114 In, lrt: ry I it "I" I lI,II.If II..If ...JVw'.II.ril n 11,...112 .rv..l.I VA'/11I t,1,111.:x10 ,,I r.,1 i t/n..11.I...11.1'I.O.11 Y O1 nI V1 I4 I.1111"11 1'i.1 r...i.J..I I 1 r.. 1i..1 i 1r,..IY Y..11 I, I 11,.11 i1 ]II .r ln, .1111 i1'. rl Yn If 11x1 t1 1111 , I Ill .0lil,1 . 111111,0 ...VI 1..V'...IIt. I. I I Jr11, u11'.1 II 111 1 1 '.1 If rll I l1 1. 1 II Io1IV nI II 'r1 I'll, 1 I 'Y 11Ill IA II.Y 11 .II I...I. I'Io1 III ir...Ili11., 11 (.II pI 11:15 r.1 r...5 I N 11 .IfI I It I, I.r.rI11.. 1O Ln 7OV ,TfIrrl ItV fill ,. I.IWI, OI III. ..:III. I J I I..r ..11.. I1. r. ..1.1 r,. I:1, 11„I. r, ml'...:. LV .........I - GIn OI CroPnrlY. v.w p,n e...... IcO n 1. nn1...... if Vp WI O eaY.. 11..11 In n a. l 1, 5",9,, Ill if, urlllrllr{1 r 11. rn v w n la I lr 11 1 111 1 •n1 Yolx ll lvr 11 1 I.. I'll.. y1. 111. ' In.rl i It I!J Olt, Y111 wll V III . a.l. .I rr O 1. `,I I. G IIvi1•.I ...Ills... If I, n.nl•..rl, YLO r.^III.if 'o........ ..o1.1.IIy It .Inv OrII.In1o10O111n•n n.....IIIOf.y.1..t pnma9n Intl.llntn.YII.I.I.OO lO 11.1vO111.t:ICI11.11nJy..IrelnIItII w.11.I rol. IOU.n,1..JIit IIt51 u1 y'Jt) I'.IIIll ..l Y1... u. all III InI 11111 p...l•r.r 1, 11111. o 10.1 u111 InIr.1.Y Al..r I, {. n .W . n11 11 aI1nI.1 11111,.: I. 1111 0 JO .r 1t 1. .:t . l1., '.I, II w.11 .IIr ...V1. rnln ll.r I ..Jt II ......Il r,r .... 1 1 r w. ml lnJmn y' I I11.011III 1 ,:'I .I In ne0'llI, lvnl If n.. snllr Jlr,nrl .ryley5.rmle.n.I.p..1..,u.,nu.xmn„um..r'.IaIx.IIIIISI; IM 4'.011..'ly .I IT 15..,.t It .1 6!1•[1 1111. 7.11..1 a I v I1 t11 w1. I v.n ..OVnrf 1119 lnO=..11.115.nIlk 1111 TnlSnllnr ll Inn npl11111'anI000V O 1'Y'II.I II.... n,nN 0,. v j,' W 11 11111.11051111.a 1; 11 olrysv.In11OIILO..k11-Fllr-, J x111 nJ 911.. ynnw wl 11 l 'y' Ill IV .O 11 I, I"III'I-911111...11 m, 1nInI..1"l.. 1111", 111,1,, 0,IO111 ImwAnO ?11111111:m11 endrun.:n nlr nllnl'.I lmaw. . I I IIll .1,1111•..1 lO oI,m1 o.I I't, II. ea..I, I.1, 1ItI."s 111. 114 wnll n In n.1 v nllml.•mlwn OIII.11 .1111111 It If.It 111 11111 Naf lny "IJN 0nldmt9ol1. YOil dliO.a 1..,I In1 $t9ep "In 151 nny Irn nln It :o 1111.111.11. . 1 lO I -fl I I? k, llnno.ty ul a:.fay 9 AI'rnel J.:OI NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE OF PROPOSED CREDIT INSURANCE I I I• Ir )"IFIfIl 1( 1 I'IC .1111 c uLl lo.' n M1...... a nv I'll -1111 1 1 I. _ 1 'I 1 IV 11 / I... ll .? Sn u y .1'11 III 1 f 1 1 '.1 1 11 I. IIC - II 1' 1 1 t I II Ill` 1 1 1 11111JI ly Of 1 1 1. Of I tit, if 1 11 I. J Ill rl.)1O n l 1 1 1 1 .IIV I 1 . I I 1 11 II U 1 1 It 1 I' I l l . 1 1 !'111 Y11 Iy lt.Ily 1111 1 1 1 nl If 1.111 nl IIUI.....II II Un rOltI I, l I In *`. ,Onlw q1. ...... .. : 1e 11 111 191 'e p IIn p111 Int. 1 I -I'llI11, -ASSIGNMENT _ 01.1 vL' It f111 I' vl v ..11 , 1 111 1,111 , ,'1 111.- 1 `ll 1 1 IIrI I •r• .r r -1i.1111 I. I I, .1 a , IAlIY 01 ICI' IV J 0' • It i 1 If 911 O a I1 A I0 I- 11. 1, rr . "1 -1 l1rd Ill e 1 1 q. SID I n I'll I... it I - 1 11 1. .1 11 1 1. . .I I. 11 11 ; 1 1 1 I. I IIt I I II 1 I I I ..... I r 1 'I?1 1 1 v: .I / II 1 1' "1 11 1 Ill It I.. f 14.11..1 1 I.. I I I 1 .1. 1y ": 11 1 1 III 1 11 Il ail J ICI.. I.y" 1.,11 11'.. I 1. 11 n. II I'.rl 1 • 1 I I If IL) 1 11 Ilnl I.I. )I jil 11 r,l r'l'.I'.If JIIY? 1 '.'1 1 1 11.?..1 J 'I k If 51 1 iIf 1 ?I. 1 1 1 A111 1 1 „..J. I I 1,1 1 A it 1. 1 .I I n I ,. I . rr '.'• R. .1... ,:..I... Ir ....1,, '. 1'111 I n r'In yr ?I. I ,1 .I IY ..' 'WITHOUT RECOURSE' '.'...I:,I,..n...1..In.............. '....!I .ull,n rll.r.,,.. ,, ,.gI11e 5,.....r 1...I, r•.1...'1.L.,"-11. L I,n w1...,,1,': 'FULLRE000R L' ':I. ,Id r I 1 1a ` n1 .. . .. .r.. , Ilf ..r.u I .y1 1 I.I.1 ?. REPURCHa f l, I ,. ,1151. . -- ----- - 'LIMITEDGUARANIN' A .i In. 1 1. .. n n, .1 r. = . EXHIBIT "B" Ili-or Tne HmenUwi1 L<uu%.A ALL COVERAGE INCLUDED I ROAD AMERICA MOTOR CLUB INCLUDED b Sea Reverse Side Of Agreement For Details Sent To Customer Under Separate Agreoment n G 0$25 b $50 CHECK TIME & MILEAGE SELECTED ThIx agreement eeplMr MONTHS MAXIMUM MONTHS FROM EFFECTIVE DATE O 6 MONTHS O 24 MONTHS O 12 MONTHS •Jj 36 MONTHS 0$100 when one of the 1011111119 Mt occurs: -_,. _.. MILES MILES DRIVEN FROM EFFECTIVE DATE O 6.000 MILES O 2000 MILES O 12,000 MILES 0 36,000 MILES CUSTOMER INFORMATION/COVERED VEHICLE AGREEMENT HOLDER'S NAME (Last) . ,DDRESS 1.iL 'EAR. _._I MAKE ADDRESS c>( C ADDRESS STATE (First) (Middle Initial) -- ul -TELEPHONE 5? ail `V) (M 30RI STATE ZIP 1'70(c-5 1 b MODEL VEHICLE IDENTIFICATION Ccl l/Ls?ti -i r- rVXh 7-0x) 3.3 VEHICLE *IN SERVICE' DATE VEHICLE SALE OR E % IL^ CL nr2 rick CIO NAME ZIP __ + , ...- , - '?-------? STATE cITY 7?? no 13 ODOMETER EXPIRATION MILEAGE II-A MONTHS OR ODOMETER MILES EXPIRATION DATE -7"7,? '?' 3C<<oi? gh?/9% 111-7"7,? - -- - PLAN TERM (WHICHEVER OCCURS FlRxn RETAIL PRICE9/ --- Q (U I hereby declare that the abovee Information Is correct. OFFICIAL USE __,...-___ AGREEMENT HOLDER'S SIGNATURE DAT?ET DEALW SIGNAT?'?E PA r( I Is YZfl v) L 1 11 CI4ECK TIME & MILEAGE SELECTED (REMS MUST BE PURCHASED AT TIME OF SALE) O SUPER/TURBOCHARGER 4X4 FOUR-WHEEL DRIVE O SEALS & GASKETS001 covevId components) ONTISA7,1o0 MILES, MNOVCR FIRST E AOCCURS GRELMLN1KT S ALTO AND D O OF N NO FORCE O m IF NO BOXES HAVE BEEN INDICATED. COVERAGE WILL BE IN EMCT FOR S M OF MODIFICATION, ALTERATION. OR CHANGE TO THE PREPRINTED TERMS AND CONDRIONS 71115 EI(iCNDCD SERVICE AORCE11NVAL0 EFFECT. CONSCOUCNITtAI DAMAGESARE NOT COVERED BY THIS EXTENDED SERVICE CONTRACTOR ODUGOR. ALL OBLIGATIONS I 1 THIS AGRLEMCNi IS NOT AN INSURANCE ppLICY. lT IS AN EATCNOFO SERVICE KaRECMENT BCTM'CCN Y OBUGORI LIABILITIES FOR REFAIRS COVERED BY THISEME rill MENT OF ALL REPAIRS...PLEASE CALL: AUTHORIZATION IS REOUI -? PLAiNTiFFFS;"- TOLL MINE 1?e1eee6e SERVICE D?EE + L/?Laii3iT OFFIC ¦7¦ Mi//,,///`!- SMARTChOtCE eoeLVNCRLSTDRIVE LINcoui NE eesto -2TZI 'COPY i 1111,111.,1.V VLIh.U:Vyu.....YIItilts sal IllyJvu.,.11III. xll Wu,ll IN, vlsIt WIuGIVJ us 11WIWnI .1 'IN vslvllU'dsVlrlW..... .vn.'.I,salV I,—. I...,,nN.u,". u,,. I„,,..,,nit.. - ega,nmanL We eoll,ng Unalar wall make mcoeury NpwM to the followx,g Nmpanonte.'wdudnd in IN Anatolia rmmnq„ seWGml. soda,," x,h4lrnal tlol yk N M,f Ibminnv.xvn ........ pod mnY be matln with few pane, ormnuladulM pads, or x'f ymtn rl:I'.a LIM anIapralih/:11IM InnsdWeOkJUmItry the eulhonlnbun el Iles aUnxnell.dxA i 1 ENGINE AE WarNllabrlWted pane, Ilminp boll, pulleys and met. dl pump, water pump, mart. FACTORY AIR CONDITIONING CorxlonuL compressor, eveporalor. lokil, I,amnona Silencer, englM mounts, tabochargoi housing, method pan and Yams. Nola; Class. Musings, enpna dock am Mkdsor Made are Covered only 11 FROM SUSPENSION dowgM by We failure of an Wlemal lubranlvd pan. Upper AM Iowa, cannot ems am Nraha and businnya, uppe, am Favor Sall Farm Ila TRANSMISSION AUTOMATICITRANSFER CASE bdbol shall, Insl nge and bustling,, Ims pncam bust,mgc splMlos am surname, wheel Mamps. AN m1erN1 Numskull pods, torque convenor. vacuum mndulolor, TRANSMISSION MANUAUTRANSFER CASE STEERING AM awarded fubMated pads, rack am pinion and all nlsmal pans, penal cpxaor AN Falmnal lubaalad had, Saw, not Include manual clutch, pressure plate, throw. unrMly, power atwNg tamp. main aM Womed.l. stressed Ann aM Couplings. out bailing-, pilot Naring or bushing, clutch mailer or slave eyllndelt. I'm am, am Ma he rat eMe Isla amt, Pllrmn arm. REAR-WHEEL DRIVE NI Internal lubkmkd pans. propollor "Me, support am U-johns. aide *hall, am beaing% FRONT-WHEEL DRIVE AM metal Iudicam Carlo. Wes shads, constant voaoclly Imints, front hub bealnn. ENGINE COOLING SYSTEM Fan, Ian Gulch, Ian motor, ELECTRICAL Alternator. manage regulator, crime, motor. stories drive AM sokMld, elsocirproc graven MMUle, MMg hawses, manually MNralnd amldtee typal mono, poem wndew mats, sunroof mom,, BRAKES Mailer ry1Mdm, power brake booster, wMSI cyllMeq hydraulic lines AM filling,. dam "lopes. FUEL SYSTEM veca.n purr. Fuel pump, We! Infection pump, lures. Mules and Non-Eligible Vehicles TSB FolloMng Vehicle. AM Not Eligible Fa The Program; BMW MERCEDES UGUAR PORSCHE LANG ROVER ROLLS ROYCE STERLING ALFA ROMERO LANCIA ISUEII FERRARI CORVETTE IROCS VOLVO TM Follow Classification OI Vehicles An Also Not Eligible: Spacles interest a, Coaectioloe Any Om..l Vehicle CIA, Test Trucks MYAamedVMW Dual Rau Wheal Vehicles Cadillac NolUsdesr Engine W-P O,.mesnce Vehicles Satisfied, Transportation R.Imbursemerlt: In We went of • me hadmaI breakdown of a Covered pen, you may be eligible to swimme m Umspo ion Mknbursemam. SuGI .mACwFe shall M Wailed to -dual per day eoel up or 575.00 per calendar day, a 5 day masknan, MI to exCond $175.00 For v ne . To quality, let ON IMal day's teNpVnanwni. IM covered vehicle must We roMkwd by Use ropeakq ImAdy owmpht aM We covered MWb must exceed • mMkalm of lour (A) hauls Witter. as delwued in tlN Certain yeah mselaciur. er's of accredited flat rate repair manuals, M additbnsl day will to mamburud la each andhtowl eigm (B) hours idar, The sueatMUle whale must We renlad from Vs, We rape, facility. or Ilan a Iconsed repair agency, ReMMmemont of substitute tmmwntion eMtl not continue beyond me day on which repairs ads Completed am me ouslaner is Mplwo.1 c.m . tied. Rectal temple era required far "imbursement. Not avambte N IM state of Invaii, Yawing Reimbursement: 11 Working Somnao necessary due m brgakdown of trowmd comp,wnl, INAM Costs not payable by msurance mil M COvelml W 10 550.00 Per occur. 11 mlcYc Nd Available M the sae d Hawaii. WHAT IS NOT COVERED: This extended semce Agreement VIA cover Cray IMU Ilene ustnd under ,Wilt Is BF mred, and duet not cover Im kilowatts Incidenesl or consequential damage or lose caused by emolmoven of comwwnle (or omerwMe) Including property damage, parwMl Injury, Imonven an e, lose of vahache us,, and commercial loss. Punitive damage am also expressly secluded. ReWIM covered by any odglNl manufacturers wenanty, bolls Basis -M pawedraln, (smother a not transomed with IM vehicle). Cod mFc.1 sate as c.cludM and will will coverage undo, dis extended service agreement. Repairs "pained because of cdlaan, ,bum. overlNanno, Or owraoon w-two prow, loon. cation or Coolant. road CteM,ti ns, issues, wglipaMe, allonMnt. racing, aaeteals, Wei. Roan, rids, aria of God, vandalism, until , theh, lack ON reasaluble am propel wwsm. pence. aAUU through lowing or Mpopor Wit Capacity. abuse Wough Cunlnuu coarsen of an impacted Vehicle, or any at", Is.. normally Co mor by Conti nsweMe. Excesswe W eanaxMlan, Was of emproaalw, or gradual ro M W opeladng pedomuMe as in wild slut or Mon sulamM VanWnium dims. Rouses bowM Maw MMUnq to corneal the covaM failure. Mpain of cam onsenla which haw bon modified o anted to ON whsle Chat purchases. any mpain on vahalea Mae, average Me been shared at wdo.e odemeter Me Don lempennd with. Ratans reveled by We aMe ded somas agreement In excess of We pen current NADA wholesale valve of your vehcle Pike to me WOAk w d IM coved compaMnl (In Utah sky: Uses Lima is S3,00(1 or IM than areal NADA wMoNle value, w t es Weal. The total d AM Fawn fir, 04 or wuele uMer pu snardsed u,. sce ag,m.mt shall not cicala Use prim W1d Id ON wM by me crp,nal owns, of YN Covelnd rohkle. Re,w, mode wnw r IM eonlmonul Undad SWas onlwl, you obea.. mn- Ion waivm to this cadsdan Iran We AAAing dealer, MFChenlnl • Samka aaluslnaonWGaaninp, uNaet.. ihrdlla body auemly (escape 01wors), connmwlm our system. Air m,dsnwnnp remands, relngmul. Must. barely Cables. Will, hoes, Wake, (Irani hub.. dNms, shwa, ludog, dam rotors am Pod), aMUust aydem (iMudvq m41yno mOVeNr), toners. Duda, home (Mb, seem Sam era Nnsim) LnNrcenns, Nola W Seafarers, mantel Gulch dim. the imon, ,hock almonds, sped/glow pugs and mna, tqueau am rime, Ana, fulNlp,, w ri Miriam. MNet alumni wheel studs, vapor Wades, saw auppewa and hit s waste Mmovol. Rep.". MIMIC o replnomenl of any cgnponenes caused Cry or diN to 1sMwmW will as We a wpnla- tied nXishng IM 1090 Clean Al, Ad. Estarlor. Sam" adjustments (gteta and body pun). Wight maul, Wmpera, body guilt. door MMMa. Dhow pests, m #Vs, ornsdsa omemmNlon, convanbN OF mil ton. Wink well. sheet melon, al w Mnon IVAN, and Mutrp). ev AM want lease. wewnewin ip, MNel ooveWOmemanls ands wind noire. PhymWI damage. shgm ON bunpel am body pone, Innerly. Butlonc mlpol. dash pub, char sM winds. h s. kmbe Marilee, mirror (you am Munro). lawn. and upMWary, Nomladu7 wNnllad riche. sew plsye , comport dill players, ospda puassim, "skate. cellular WWph s. Vwh delmrme systems, and rarer delectoM. . MAINTENANCE RESPONSIBILITIES; Faisal b pedam Ihs m fartuma rocwwonded maN4Mxs wW lewa in bu d yde proledan ladset Mu elneMed aemn ag?"donl. Mennonites Nwrds Ilan tlue pate of oroW dekwry, supW by recolpts ""And chaps, ndoege am semees Mdamnd main as loop by Use p w of suowuwk awnm d IMa salvMU MmM aprwmont aM meds avuaWe Id IM Nuke warm an leguwl. WHAT TO DO IF REPAIRS ARE NEEDED. It Your white la wdhn Ferry (4o) onus Of the walling dealer, yW mail aelha r your vvhw'a to We I." de-krr al Plc,aerate, tFmwwl on Im- front of IMS wtonkq sadma soprr.wNm. II you, wricie as m . Man forly 140) myas Itend me somed desleh mM 1-0oo xiss3 F la minklNM pan" you dawn your wn,w. It, e nWNM laolny. To estuM cwvrege under the farms Of this ntenwM conks A9ruwnl, ulhodudon on beluil 01 We selling deter must Not oeWrwd plwr to Werdown of repel,, Call on o11M tell IrN number. flalu on the front of fhb exesnded seNk- egralm urd. CANCELLATION: trill* went the coveed vehicle Is repossessed, dulered a total let., or you give notice of uncaleslton, on. eMnwd off .9resmant ANTI lv,Al $dnM =wM!aNlll, Id it,. medp dealer MI ferdYr,T the IJIWwingl IM 00x,0011 Aam.* mAwwWm dmdNl. YMRM M.nnlwmlal Numbers. I1xN-w. meta AM mawi d IN' Wnx,N! e, W WI nuk.I,k wlmm,Nng Ifs ynwe nt of any rduM, Ilia W 1cm. price d IN wisdom olrvw agruewrl xMa N mwM M I try IN gr-Wm of (A) IM Hodson oManwa by dlvnxp IN an the havered sonde by VIA wnwm normal of rodes sowed U"f It..xeMAw We or~ OF (D) IIN Wows abnxwa by awdsanp pre pump r d mania, IM n, r,MVj $am.,.plwmOnl had Fawn M e ecl by Itch dmianum numwl d Ina,me Gaveled W1w11N allNwd NNw agMelinnt The dlhxeMe between IIII nufMgl so d mamma Tnd d,., price Of We extended terms agreement. Was a ratund lots bras waxl,MNd snow), ANN N relund W rub am Im We IleinaQW.l, In if. event d roWam..Nn a Wn1 Ann u,,. Ion howl Coal M IM We part. CAllfanls Mam.nn MIy: 11 IM e.Wf N. Ypowers, as mIIMWd wastes slyly wwW a., at Fuel Mwrol d Was ApM.- Inds I104 PM.WII on, M dole Non owed mYde under MN agrownn, IIN amount at IN FutuM stN M neaet to IN full aldaarnl paid to mil ap.s,mnt. After We Ineul PmxN a d - clam INk b.xl mud, unMl IN. agmamsm, the em0on10l the mm,d "it N a pro ran NNn d IN "INN MY. of Was aglaaawm .a deielmwd abaw. TRANSFER OF VEHICLE OWNERSHIP; In the event yes evil We covered vehicle. W- eannGd "mks ag Want hall U,mirNU. You -1 coyly la -11 ...lx to IN N,YY awmr. Saend xamsdmloly (.and 101. (IN) day, d IM ~WN n olvmnan) W it. Aellrld, dealer in mevp, -bp with eve traml.r IM d M0. IIM "dewlap TM e,lelw..n -.-v ' .yraalwm Ilan0al, vN,rle Nvnldwlxan nunawr, mleaw, mane -M ngUN d ads volNis, dol. al lib al pw wMCW, aM ads rune -rat IM INn,- aM aax,•n. n1 Nxn rlvnl+a n.,l IM mw owMl d Vw (q'mM emokf TWS goon neslla-a puduNNCa Yeue a mr. CW. C! -dl.Y.S OF 1m F VmdWFasWYNNNIryIM nxlN font W rids dAeamYMont front v MN apxuhoom carl otenwNsl tb nsy pN mrwaw t waval lF d w a We INM cavefa. a wreAW4 or nydqm Nap : Man.. AY madh., pun f laywe an -prom, .1e'a of (f real hale at We waidecks 1 mNW. I%mn-e Ilia e wee. N, werwast Aw ...s , oMnrdsm Wes agreemaM N. caaMMacid p,s so1WVIN WWp a 1 de?N eMw or m Aanauaa w a a Ili er m a Dealer r so w s, m b w- dro IIN irwer. d Irma w N1a W Y.W wN INMar a IN, wnapn unri .urwnY or f a a a Im IlanNnnd by Oy VN 'nA^,Aaaurm I manN-cluror'a wanAnly. In IM evanl Wa a.ywdsad apleemarN w powny ItAnrsnad to en,rJlndnlal person WrGluang you vrK4 n adalraAlae Conn IM term. mat Gautn.xr. dwAnOiaTa. Wave, INs spnmom my MI b0 ea elHled by 1M sow InwNl of PN 19 w skof W say sNma ww Nl also, easy CANCELLATION FEE: The CAM.a.Mrl Fu n M CIND..sort n eN Me. d Gera m. a1N,w Ilw, w na Ire. THE 51L1 OW. or ALf R'5 DN IGATION TO POICONA i INDFR TICS AGnurmi w 15INSIIRFR By NAr1DNAl WARRANTY INCUF.ANCE 1RR .l IF THE 1411 NO N A 1 41111 TO PAY A VALID UMM WIIHow NIAIY IgD VDAM, i II'III l l' IJI'I DAYS w 11 It,' IAt L LA' WA911NGI Ur.. AI TLis YOU IUVL I ALU A N1" U LUIS COW Rl D IN TI VF -- .-.........v ?.wu M,auv N.1 A RINFCT ClkIIA A(1AWS1 Net IDNAL WARRANTY INSU4AFVCC IHRCJ_:"O I VNNGHI Si DI IMFgN N11M!11, - ............. ...r n.nnn eY .... EXHIBIT "C" C\i Co 0 C) O Qy ?Q` p yZq¢l N ? ' V --`` O 3 g w ? N lit O w` Y ? 6 2 U N S? r r Q a) cr) Y ? : i o Q W ? w .GO.W a O =ixo -- ?= S N LO CL .-4 z .[E0 N J O Z a o ?¢C ¢ o w c::=s O Q ` N 'f D a. K] O U) Z i y5Y_ W S? _ - r /y=1 3 2?? 8 w V o F < H-: W e W W V ?s S a i t W?? .. w z ° v cm 1! N g - - - ?'------------------------- -? Pe r = 1- a LL = z O w w a - z ?-- i ' W T W o _ 1 W p u 1] C Q - PLAINTIFF'S r EXHIBIT 0 w Y'$2 ?aoo ad - to Cl? m Z_ 00 W "' ? i _j ?C¢C 3?0 0 U W J I N a Q ? w n pp ? 6 u n N W LL U ? 7 ?r G t? li Y ¢ O o r a z -Ir a o N v w W 11r ? y ti V/ w ?V ? r n `: , ; ? c c ? m ¢ O U w\J Iv\ G • ? G w ¢ ? 4` O a m w ?? Q r tX U 'QJ .3°?$ T` ao? a n ", J -v A ? n.u U c :_YF C) ~ O ^` - _ ? any _ W F- ? ? LI _ - 'S $5 CG I 3 ? v 1 F•- i ¢ a O W IZ i a a 47 W 4] F- zz W i W O cn ti W O V u, EXHIBIT "D" `? O C O G G p O `-. ry ?w J -- O ' - ----------- JJN o a " _ u ? ? ? w F Z ` ¢ a wY^ o -. _ (n???^C bells ?a o ? n M LL tom! ?Cv (ILQv C o Z, = J sr5 ` r Z a. x F . : an P: Q ca 0 h oc C s o CO UJ V, } k 5 O 3 ? = _ ?, ? ? z=q?y No I;j I a w. v N agcy a = C / /? c 4 W?2 a - -------------------------------- -- - ------ ----------------- ? n !*? ` ?y M J'. . _ Ll = n N m a t p o Z O tu a co z Y J e J ? (? W N w p M U z U CL V ` k, PLAINTIFF'S lz _ EXHIBIT s l?? EXHIBIT "E" ? ; T--4 w p ?, O Q }- - - _ C) >. 0 0 ? a' 6 _ N w? g ff '} w ? 1 a / W C3 V' 6 N 06a Q b w¢ O? J ¢O N W ? O w ¢? .? p g .. 61 4) r 3 abe3E otI L ° to o « LM co <?? r m Zan< r g ;Sw?s N LO 2 ; 3 C%j CL _ y =n: co :3 3 ...1 vwi 0 \ rl - Z G S 0U 0 Co J 1 d p .3 cn S `?.w 1 - C y? ZZZV W nl 'U _g u _ 5g Q O V? LLi¢/1?T? . T P J C i Y N_ y Z Q Ca Y? •?? u iI Y g _ 6 G¢ v - W -01 (A ~,J `s _W ¢ m CL 0 a tiJ - ?? W e J W ¢ i 0 U) U J O Q 'a G J PLAINTIFF'S EXHIBIT ;; -- ----------- --------- -------- - W .• a ` V' M3 1 o D r 2 h ?` i Q Q W W O d a ' U i 1 ? •..? m o> CCYO N1 ?J I1 3 _ _ of CC) v ?< \0 o Z a. co 3 EJCLOv y 0 a O T I? ' •.? 2 O_- r ` W ZQ< ti $ 5 cc '' ?-.l ? ? = do laJ ?cn O ^ ° - w w < ¢p\¢ T O z w • 1 0q Q ¢-0--', - , ---------------?------------------ W P- CD -7- L 1?uu ? o S G ?J, S \ 6tl r1 ?°.. a ? v H ? W Ql H zz Q uj w I rn W a 0 En W U U VI W W n w ;? In ? i c ? w ut a ? b c a a v 1=n i 1 1? L --------------- Y' i SS S tl V0 C o W _ _ •^ s i'ie_ Q ul t, a???'S v 3 ? T I - ------------ r 4 D V r? V y ? f d I i - I- O F' 1 ?. EXHIBIT "F" StNi MY:DAN rmrutirm r uuiNimul_ . n-L.]-au . t-L,nm Vnl+ ,rytj't •>tY d?lYe?"y•r F 1 w.. 'hCI Y ?tiq• ?M, ` ,+f ?• Wifr ' ?v?. Vt't ?!r ' "rJ' ', v,s ? i tit r?•Y611N07Leu • 7 ? .1 6909.011, 1+ ?3t 4i M7 r K i t + ' S i 6 ' '?a 00 CIS rtl ® , . c 3 •I r t ' v, t ? ' r ? ? 1• ?.r jib ? \L tF" 1 t• J ~ 8 lV O .. r u V C rn r s . n • ? thy. .' .. * y!:;. J 8 ? i. ? ? ' •?7 c 6 ? r ao 1 J -4 1- 3 lz Q Via - ?c3 • 8 a _ XL c a -t:k a o , CIS" M ? r 9 ;v :. i; t • Z? I V ' r T Q ..Y. W %J SU 9 a' ? U 7 j ,y Zs qq ? ? Z?3g i 1 1 } r ?? 11 i P, ma,• ? .?c` 1 Y ?t .• fil a: r!fi r - } ya j 2 ? ? s ZI -Y p S 4? l ? 7 . 7 19 TL PL AI NTI FF' S if ? ? !_ tti r> ! EX HIB IT _ t 'UN 23 '=9 V: 2D 2, I' f f t? 4. ?t 1 y:. I i 1 y, V 47 `s. SHERIFF'S RETURN - REGULAR CASE NO: 1999-03191 P COMM COUNTYWOFLCUMBERLANDSYLVANIA: RUMFORD-CARRANZA MICHELLE VS. BIG DOG AUTO SALES INC RICHARD SMITH Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according served to law, says, the within NOTICE AND COMPLAINT. was the upon BIG DOG AUTO SALES INC defendant, at 14:50 HOURS, on the 28th day of May 1999 at 1073 HARRISBURG PIKE CUMBERLAND CARLISLE, PA 17013 County, Pennsylvania, by handing to GEORGE MONTEMAYOR (OWNER) a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit surcharge so answers: 18.00 3.101 .00 8.00 omaa nm4 r - $27-=KII?LIFF?NjT & GEPHART 06/01/1999 by u sworn and subscribed to before me this JAS day of gi.t-- 19? A.D. rocciviiu MICHELE RUMFORD-CARRANZA. Plaintiff V. BIG DOG AUTO SALES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3191 V. CIVIL ACTION -LAW NATIONAL WARRANTY INSURANCE CO., Additional Defendant ORDER And Now, this day of , upon consideration of the Preliminary Objections of Defendant National Warranty Insurance Company, the Preliminary Objections are Granted and Defendant National Warranty Insurance Company is dismissed from this action. J. MICHELE RUMFORD-CARRANZA. : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3191 BIG DOG AUTO SALES, INC., Defendant V. CIVIL ACTION - LAW NATIONAL WARRANTY INSURANCE CO., Additional Defendant PRELIMINARY OBJECTIONS OF DEFENDANT NATIONAL WARRANTY INSURANCE COMPANY TO PLAINTIFF'S COMPLAINT Defendant National Warranty Insurance Co., RRG ("National Warranty") by its counsel, Buchanan Ingersoll Professional Corporation, hereby files these Preliminary Objections to Plaintiffs Complaint pursuant to Pa. R. Civ. P. 1028: I A true and correct copy of the Complaint is attached hereto as Exhibit "A." 2. This action was commenced by Complaint on May 26, 1999. 3. Defendant National Warranty was served with the Complaint on June 14, 1999. 1. COUNTS I AND 11 LEGAL INSUFFICIENCY (DEMURRER) 4. Where a complaint fails to allege facts sufficient to support a claim against the named defendant, the complaint must be dismissed pursuant to Pa. R. Civ. P. 1028(a)(4). 5. Plaintiff alleges in paragraph six (6) of her Complaint that "Plaintiff purchased a Smart Choice Warranty from the National Warranty Insurance Co, for three years or 36,000 miles for $999.00, which cost was added to the purchase price of the vehicle. A true and correct copy of the Smart Choice Warranty is attached hereto, made a part hereof and marked Exhibit "B." 6. The document attached to the Complaint as Exhibit "B," at the bottom of the back page, clearly states "the selling dealer's obligation to perform under this agreement is insured by National Warranty Insurance." 7. This clearly indicates that it was Defendant Big Dog Auto Sales, Inc. ("Big Dog") that sold the service contract to Plaintiff and not National Warranty. 8. National Warranty is only an insurer for Big Dog's obligations under the Smart Choice service contract. 9. The front page of Exhibit "B" further indicates, "This agreement ... is an extended service agreement between you and the contractor/obligor. All obligations and liabilities for repairs covered by this extended service agreement are those of the contractor/obligor." 10. National Warranty did not sell anything to Plaintiff and is merely an insurer of Big Dog's obligations under the Smart Choice service contract. 11. Plaintiff's assertion in paragraph six (6) that "Plaintiff purchased a Smart Choice Warranty from the National Warranty Insurance Co." is contrary to the Smart Choice service contract attached to the Complaint as Exhibit "B." 2 12. Where the attachments to a complaint contradict the conclusory allegations made in the complaint, the allegations may be disregarded and the court may look to the attachment in ruling on preliminary objections. WHEREFORE, Defendant National Warranty respectfully requests that this Court grant National Warranty's Preliminary Objections and dismiss this Complaint pursuant to Pa. R. Civ. P. 1028(a)(4). II. COUNT I - UNIFORM COMMERCIAL CODE LEGAL INSUFFICIENCY (DEMURRER) 13. Defendant National Warranty hereby incorporates paragraphs 1 through 12 as if more fully set forth herein. 14. At paragraph fourteen (14) of Plaintiff's Complaint, Plaintiff alleges that "[t]he defects and non-conformities existing within the vehicle constitute a breach of contractual and statutory obligations of Defendants, including but not limited to the following: a. Express Warranty; b. Implied Warranty of Merchantability as provided pursuant to the Pennsylvania Commercial Code; and C. Implied Warranty of Fitness For a Particular Purpose in accordance with the Pennsylvania Commercial Code." 15. Plaintiff has made no allegation that National Warranty made any warranties, express or implied. 16. National Warranty did not sell anything to Plaintiff; it only insures Big Dog's obligations under the Smart Choice service contract sold to Plaintiff. 3 17. Further, the Smart Choice service contract is not a warranty; it is a service contract. 18. Regardless, there is no allegation that the Smart Choice service contract is a good, the sale of which is governed by the Uniform Commercial Code and, therefore, the Uniform Commercial Code does not apply. WHEREFORE, Defendant National Warranty respectfully requests that this Court grant Defendant National Warranty's Preliminary Objections and dismiss this Complaint pursuant to Pa. R. Civ. P. 1028(a)(4). III. COUNT II - UNFAIR TRADE. PRACTICES AND CONSUMER PROTECTION CLAIM LEGAL INSUFFICIENCY (DEMURRER) 18. Plaintiff hereby incorporates by reference paragraphs I through 18 as if more fully set forth herein. 19. At paragraph twenty-two (22) of Plaintiff s Complaint, Plaintiff avers that "the reckless, wanton and willful failure of Defendants to comply with the terms of the written warranties, along with Defendants' misrepresentations to Plaintiff as to the vehicle's condition at purchase, constitute an unfair method of competition." 20. Plaintiff makes no allegation that National Warranty made any representation or warranty regarding the vehicle's condition at purchase. 21. Plaintiff makes no allegation that National Warranty sold anything to Plaintiff. 4 22. National Warranty's only relationship to this matter is that it insures Big Dog's obligations under the Smart Choice service contract attached to Plaintiffs Complaint as Exhibit "B." 23. Defendant National Warranty only has an insurer/insured relationship with Big Dog and, therefore, has not sold anything to a consumer that would subject it to liability under the Unfair Trade Practices and Consumer Protection Law. 73 P.S. §§ 201-1 to 209-6. WHEREFORE, Defendant National Warranty respectfully requests that this Court grant National Warranty's Preliminary Objections and dismiss this Complaint pursuant to Pa. R. Civ. P. 1028(a)(4). BUCHANANINGERSOLL PROFESSIONAL CORPORATION By Kevin Brobson, Attorney I.D. #76693 ?Matthew C. Browndorf Attorney I.D. #81915 One South Market Square 213 Market Street Yd Floor Harrisburg, PA 17101 DATE: July 6, 1999 (717)237-4800 5 CERTIFICATE OF SERVICE 1, Matthew C. Browndorf, Esquire, am hereby certifying that this 6th day of July, 1999,1 have served a copy of the attached document by First Class Mail, postage prepaid upon the following: Bradley A. Schutier, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108 Matthew C. Browndorf 0 s J F 1J1. O M J N ^ O m w ? a F 6 ?. Z O C ? C' W i = h n O N Y ?p LL a Z W 6 ? i ?? MICHELLE RUMFORD-CARRAN'LA 20 E. Street #11 Mt. Holly Springs, PA 17065 V. BIG DOG AUTO SALES, INC. 1645 B Trindle Road Carlisle, PA 17013 and NATIONAL WARRANTY INSURANCE CO 200 Lyncrest Drive Lincoln, NE 68510 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 99-3191 CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT NATIONAL WARRANTY INSURANCE COMPANY'S PRELIMINARY OBJECTIONS AND NOW, comes the Plaintiff, Michelle Rumford-Carranza, by and through her attorneys, Killian & Gephart, and sets forth the following Answer to Defendant National Warranty Insurance Company's Preliminary Objections in the above-captioned case: 1. Admitted. 2. Admitted. 3. Admitted. 1. COUNTS I AND II LEGAL INSUFFICIENCY (DEMURRER) 4. Admitted 5. Admitted. 6. Admitted. 7. Denied as stated. The document attached as Exhibit "B" speaks for itself and its implications are a matter of law to which no answer is required. 8. Neither admitted nor denied. This paragraph contains a conclusion of law to which no response is required. To the extent that this paragraph contains allegations of fact, same are specifically denied. 9. Admitted. 10. Neither admitted nor denied. This paragraph contains a conclusion of law to which no response is required. To the extent that this paragraph contains allegations of fact, same are specifically denied. By way of further answer, Plaintiff purchased a Smart Choice Service contract purporting to be issued by National Warranty. The relationship between National Warranty Insurance Co. and Big Dog Auto Sales is a legal matter to which no answer is required. 11. Denied as stated. It is denied that Plaintiff's assertion in paragraph six (6) that "Plaintiff purchased a Smart Choice Warranty from the National Warranty Insurance Co." is contrary to the Smart Choice service contract attached to the Complaint as Exhibit "B." The effect of the contract or the relationship between is a legal matter to which no answer is required. 12. Neither admitted nor denied. This paragraph contains a conclusion of law to which no response is required. To the extent that this paragraph contains allegations of fact, same are specifically denied. WHEREFORE, Plaintiff, Michelle Rumford-Carranza, requests that the Preliminary objections be denied. II. COUNT I - UNIFORM COMMERCIAL CODE LEGAL INSUFFICIENCY (DEMURRER) 13. Plaintiff hereby incorporates paragraphs 1 through 12 as if set forth at length herein. 14. Admitted. 15. Denied. Paragraphs 14 through 18 contained in Count I of the Complaint clearly set forth that both Defendants named in the case have made warranties, express and/or implied, to the Plaintiff. 16. Neither admitted nor denied. This paragraph contains a conclusion of law to which no response is required. To the extent that this paragraph contains allegations of fact, same are specifically denied. 17. Neither admitted nor denied. This paragraph contains a conclusion of law to which no response is required. To the extent that this paragraph contains allegations of fact, same are specifically denied. 18. Neither admitted nor denied. This paragraph contains a conclusion of law to which no response is required. To the extent that this paragraph contains allegations of fact, same are specifically denied. WHEREFORE, Plaintiff, Michelle Rumford-Carranza, requests that the Preliminary Objections be denied. III. COUNT II - UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM LEGAL INSUFFICIENCY (DEMURRER)_ 18. Plaintiff hereby incorporates paragraphs 1 through 18 as if set forth at length herein (typographical error resulting in two paragraphs being numbered 18). 19. Admitted. 20. Denied. See paragraph 15, supra. 21. Denied. See paragraph 16, supra. 22. Neither Admitted nor Denied. This paragraph contains a conclusion of law to which no response is required. To the extent that this paragraph contains allegations of fact, same are specifically denied. 23. Neither Admitted nor Denied. This paragraph contains a conclusion of law to which no response is required. To the extent that this paragraph contains allegations of fact, same are specifically denied. WHEREFORE, Plaintiff, Michelle Rumford-Carranza, requests that the Preliminary objections be denied. Respectfully Submitted, Killian & Gephart Bra a 'Schutj f, Esquire orney I.D. #75P541 18 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: Attorneys for Plaintiff CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Attorney for Bia Dog Auto Sales, Inc. Phillip L. Zulli, Esquire 1501 North Front Street Harrisburg, PA 17102 Attornev for National Warranty Insurance Co. Matthew C. Browndorf, Esquire Buchanan Ingersoll, P.C. One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 Schu?j ft, /18 Pine Street I P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: 07/13/99 Attorneys for Michelle Rumford-Carranza r> tJ (_i T ? ?cz ( r: -y C,7 i'+iu u. G rn ? J MICHELLE RUMFORD-CARRANZA 20 E. Street # I 1 Mt. Holly Springs, PA 17065 V. BIG DOG AUTO SALES, INC. 1645 B Trindle Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 99-3191 and NATIONAL WARRANTY INSURANCE CO.: CIVIL ACTION - LAW 200 Lyncrest Drive Lincoln, NE 68510 IMPORTANT NOTICE TO: MICHELLE RUMFORD-CARRANZA 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 Answer with New Matter 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 judgement may be entered against you by the court without further notice for any money claimed in the Action or for any other claim or relief requested by the plaintiffs. You may lose money or property or other rights important, to you. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Philip L ulli, Esq 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 338-9004 20 MICHELLE RUMFORD-CARRANZA 20 E. Street #I I Mt. Holly Springs, PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BIG DOG AUTO SALES, INC. 1645 B Trindle Road Carlisle, PA 17013 No.: 99-3191 and NATIONAL WARRANTY INSURANCE CO. 200 Lyncrest Drive Lincoln, NE 68510 CIVIL. ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER BY DEFENDANT BIG DOG AUTO SALES, INC. NOW COMES, the Defendant, Big Dog Auto Sales, Inc., by and through its attorney, Philip L. Zul li, Esquire, and hereby files the following answers to Plaintiff's complaint: 1. Admitted. 2. Admitted. 3. Admitted. ANSWER TO BACKGROUND 4. Admitted in part; denied in part. Admitted that on August 9, 1996, Plaintiff purchased a pre-owned 1991 Dodge Colt Vista, warranted for six months by the Defendant, Big Dog Auto Sales, Inc., (hereinafter referred to as "Big Dog") bearing the Vehicle Identification Number JB4FH31 VXML027333. Admitted that the Dodge Colt Vista was purchased and is registered in the Commonwealth of Pennsylvania. Denied that the Defendant National Warranty Insurance Co., warranted said Dodge Colt Vista. By way of further answer, Plaintiff purchased an Extended Service Agreement from Smart Choice. 5. Admitted in part; denied in part. Admitted that the purchase price of the Dodge Colt Vista, including registration charges, document fees, sales tax, finance and bank charges, totaled $13,203.26; denied that the amount was more than $13,203.26. Denied that a true and correct copy of the Sales Agreement is attached and made a part of Plaintiff's Complaint as Exhibit A. Byway of further answer, Plaintiff"sExhibit Aisacopy oftheRetail Installment Contract- Auto (including Truth in Lending Disclosures) [for] Pennsylvania. 6. Admitted in part; denied in part. Admitted that Plaintiff purchased a Smart Choice extended service agreement. Admitted that the agreement was for 36 months or 36,000 miles whichever came first. Admitted that the price of the extended service agreement was added to the purchase price of the Dodge Colt Vista. Admitted that a copy of the Smart Choice extended service agreement is attached to Plaintiffs Complaint as Exhibit B. Denied that Plaintiff purchased a warranty from the National Insurance Company. Denied that the price of the extended service agreement was $999. By way of further answer, the purchase price for said ageement was $1,239. Denied. Denied that Big Dog made misrepresentations to Plaintiff about the fitness of the subject Dodge Colt Vista. Denied that Big Dog made ineffective repairs. Denied that the Dodge Colt Vista cannot be used for purposes intended by plaintiff at the time of acquisition. Denied that the Dodge Colt Vista is worthless. By way of further answer, Plaintiff presented her Dodge Colt Vista to Big Dog on July 22,1999, for Pennsylvania State Inspection, and as of July 22, 1999, Plaintiff's Dodge Colt Vista was fully operational although in need of some repairs in order to pass Pennsylvania inspection. By way of further answer, Plaintiffs Dodge Colt Vista was involved in a major accident sometime during the Spring of 1999, which caused substantial damage to Plaintiffs Dodge Colt Vista. 8. Admitted. 9. Admitted. 10. Admitted in part; denied in part. Admitted that on August 28, 1997, the Dodge Colt Vista again had crigne problems and was brought in for repairs. Admitted that Plaintiff was without her Dodge Colt Vista from August 28, 1997, through October 1, 1997. Admitted that during this period, an engine was installed. Admitted that Plaintiff was only charged $102..05 for total repairs during this period; denied that Plaintiff paid $102.05. Denied that the period from August 28, 1997 through October 1, 1997, amounts to six weeks. Denied that during this stated period a piston was replaced at a cost of $463.75, and denied that $413.75 was paid by National Warranty. Denied that it was during this period that the heads were removed and replaced, and spark plugs and belts were replaced at a cost of $1,241.77, of which only $102.05was charged to the Plaintiff. In further answer, plaintiffs original check for $102.05 bounced- was dishonored for insufficient funds- and the check was not made good until March or April of 1998. Big Dog refunded on May 14, 1998, the 3 $50 towing fee of the $102.05 charged to the Plaintiff. Due to the refund, Plaintiff only paid $52.05 towards the engine replacement. The piston was replaced and the heads were planed, and a valve job was done on or about August 5, 1997. Denied that a true and correct copy of the repair invoice is attached to Plaintiffs Complaint as Exhibit E. By way of further answer, $463.75 was not collected by Big Dog from either the Plaintiff' or the Defendant National Warranty for the piston and valve job. Big Dog absorbed this cost as a loss and "ate" the August 5, 1997, bill because on August 28, 1997, Big Dog determined that Plaintiff's Dodge Colt Vista needed a replacement engine. By way of further answer, said replacement engine was acquired in mid-September 1997 via National Warranty. The engine was installed by Car Town Auto Sales (a registered fictitious trade name of Big Dog Auto Sales, Inc.) 11. Denied. Denied that the Plaintiff immediately noticed that the air-conditioning was not working when she retrieved her Dodge Colt Vista on October 1, 1997. Denied that Plaintiff was unable to return the Dodge Colt Vista for repairs after having been without the Dodge Colt Vista for so long; seven months elapsed before Plaintiff complained about the air conditioner. Denied that Plaintiff called Big Dog and informed them of the problem. By way of further answer, Big Dog Auto Sales has no record of Plaintiff calling in a problem with the air conditioner. Furthermore, Plaintiff did not complain about an air conditioner problem until on or about April 20, 1998- nearly seven months after Big Dog Auto Sales returned the Dodge Colt Vista to Plaintiff on October 1, 1997. 12. Admitted in part; denied in part. Admitted that on April 20, 1998, two fuel lines were 4 replaced. Also admitted that on that date, the air conditioning was checked; denied that the compressor was found to be defective. By way of further answer, the switch and relay assembly were found to be defective and were replaced. Admitted that the cost of these repairs totaled $148.93, of which Plaintiff only paid $50.00, because the balance was covered by the extended service agreement. Admitted that a true and correct copy of the repair invoice is attached to Plaintiff's Complaint and marked as Exhibit "F." ANSWER TO COUNT I UNIFORM COMMERCIAL CODE 13. Defendant hereby incorporates paragraphs 1 through 12 by reference as if set forth at length herein. 14. Denied. Denied that defects and non-conformities exist within the Dodge Colt Vista. Denied that the defects and non-conformities existing within the Dodge Colt Vista, if any, constitute a breach of contractual and statutory obligations of Big Dog. Denied that Big Dog breached any contractual or statutory obligations, including, but not limited to, the following: a. Express Warranty. By way of further answer, Big Dog completely honored with all due fidelity the six-month limited dealer warranty that Big Dog provided at the time of purchase. Said dealer warranty was honored as stated on the Buyer's Guide, which was provided to Plaintiffat the time of purchase, and is attached hereto as Big 5 Dog's Exhibit 1. b. Implied Warranty Of Merchantability as provided pursuant to the Pennsylvania Commercial Code. Byway of further answer, said Dodge Colt Vista was completely merchantable and Plaintiff is unjustly seeking payment for: maintenance items, items subject to wear and tear, items not covered by the terms of the express, six- month limited dealer warranty, and damages that occurred in an automobile collision in the Spring of 1999. C. Implied Warranty Of Fitness For A Particular Purpose in accordance with the Pennsylvania Commercial Code. By way of further answer, Defendants did not give or violate any Implied Warranty of Fitness for A Particular Purpose in accordance with the Pennsylvania Commercial Code. Plaintiff never communicated to Big Dog any particular purpose for which Plaintiff intended to use the Dodge Colt Vista. Plaintiff has been able to use her car, and Plaintiff continues to use her car for the purpose for which vehicles are purchased: rransportation.Indeed, Plaintiffrecently drove the subject Dodge Colt Vista to Big Dog for a Pennsylvania State Inspection. See Big Dog's attached Exhibit 16 attached. By way of further answer, assuming that during the three years that Plaintiff has possessed the car, Plaintiff was not able to use her car for four weeks during the replacement of the engine, such did not render the Dodge Colt Vista unfit fora particular purpose. Defendants' honored the warranty and the extended service agreement; Plaintiff paid a total 351.05 for a replacement engine. 6 15. Admitted. 16. Admitted in part; denied in part. Admitted that at the time of purchase and for a period of six months thereafter, Plaintiffjustifiably relied upon Big Dog's express warranty. Denied that at all times subsequent thereto that Plaintiff justifiably relied on Big Dog's express warranty. Denied that any implied warranty of fitness for a particular purpose or implied warranty of merchantability was given to Plaintiff. By way of further answer, Big Dog incorporates by reference its answers at Paragraph 14 above. 17. Admitted in part; denied in part. Admitted that at the time of the purchase and for a period of six months thereafter Big Dog was aware that Plaintiff was relying upon Big Dog's six- month limited dealer warranty. Denied that at all times subsequent thereto, Defendants were aware plaintiffwas relying upon Defendants' express or implied warranties, obligations, and representations with regard to the subject Dodge Colt Vista. Denied that any express or implied warranties or obligations or representation were given to Plaintiff by Big Dog, aside from the express, written six-month limited dealer warranty given by Big Dog and the extended service agreement provided by Smart Choice and underwritten by National Warranty Insurance Company. 18. Denied. Denied that Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendants to honor their express and implied warranties, and strict proof of the averments are demanded at trial. By way of further answer, Big Dog honored and fulfilled with perfect fidelity the six-month limited dealer warranty provided to Plaintiff by Big Dog, at the time of sale. By way of further answer, certain damages to Plaintiffs Dodge Colt Vista are the direct and proximate result of a collision involving the subject Dodge Colt Vista sometime in the Spring of 1999. 19. Denied. Denied that such damages include, among other things, the purchase price of the Dodge Colt Vista plus all collateral charges, including attorney fees and costs, as well as other expenses, the full extent of which are not yet known. By way of further answer, Big Dog has fulfilled all of its obligations to the Plaintiff and does not owe Plaintiff any compensation whatsoever. Plaintiffcontinues to drive the subject Dodge Colt Vista and has been required to pay only for routine maintenance or non-warranty covered items, or those incurred as a result of a collision in the Spring of 1999. All other repair costs were either paid or absorbed by Big Dog or the Defendant National Warranty Insurance Co. WHEREFORE, Big Dog respectfully demands judgment in its favor and against the Plaintiff, and requests attorney fees and other casts that this Honorable Court deems necessary and proper. ANSWER TO COUNT 11 UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 20. Big Dog hereby incorporates paragraphs 1 through 19 by reference as if set forth at length herein. 21. Admitted, even though the averment is a statement of law to which no responsive pleading is required. 22. Denied. Big Dog faithfully honored the six-month limited dealer warranty and the 8 provisions of the Smart Choice extended service agreement. Denied that either Big Dog or the National Warranty Insurance Company engaged in reckless, wanton and willful failure to comply with the terms of any written warranty or agreement. Denied thnt the Defendants made misrepresentations to Plaintiff as to the Dodge Colt Vista's condition at purchase, Denied that Defendants engaged in any unfair method of competition. By way of further answer, Defendants honored their promises to the Plaintiff and complied with the terms of the dealer warranty and the extended service agreement. 23. Admitted, even though the averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, Big Dog respectfully demands judgment in its favor and against the Plaintiff, and requests attorney fees and other costs that this Honorable Court deems necessary and proper, NEW MATTER 24. Paragraphs I through 23 arc hereby incorporated by reference as if fully set forth herein 25. When Plaintiff purchased a 1991 Dodge Colt Vista from Big Dog on August 9, 1996, Big Dog gave Plaintiff' a limited warranty on the Dodge Colt Vista fire it duration ofsix months or 6,000 miles whichever occurs first. See Big Dog's attached Exhibit I, which is hereby incorporated by reference. 26. The systems covered and the duration of the said limited warranty were stated on the face of the Buyer's Guide. See Big Dog's attached Exhibit I, which is hereby incorporated by reference. 27. A copy of the Buyer's Guide was given to the Plaintiff. 28. Defendant disclosed to Plaintiff that the odometer reading was 79,778 miles. See Big Dog's attached Exhibit 2 (odometer disclosure statement), which is hereby incorporated by reference. 29. Plaintiff made a down payment of $3,500 for the Dodge Colt Vista. See Big Dog's attached Exhibit 3, which is hereby incorporated by reference. 30. Plaintiff obtained the proceeds for the down payment from the settlement of a claim that Plaintiff had with Weis Markets. See first page of Big Dog's attached Exhibit 4, which is hereby incorporated by reference. 31. Plaintiff purchased the Dodge Colt Vista from Big Dog within a fewdays after Plaintiff was promised the money from the settlement of her claim against Weis Markets. See second page of Big Dog's attached Exhibit 4, which is hereby incorporated by reference. 32. Plaintiff financed the remaining balance of $6,831.16 at 21 percent interest. See Plaintiffs Exhibit A, which is hereby incorporated by reference, pursuant to Pa.R.C.P. No. 1019(g). 33. The Plaintiff was charged a high interest rate of 21 % on the balance because of Plaintiffs less than good credit report, which report included a bankruptcy in 1993. See Big Dog's attached Exhibit 5, which is hereby incorporated by reference. 34. Plaintiff purchased a Smart Choice extended service agreement for the 1991 Dodge Colt Vista. See Plaintiffs Exhibit B, which is hereby incorporated by reference, pursuant to Pa. R.C.P. No. 1019(8). 10 35. The extended service agreement (colloquially relbrred to as "warranty") cost $1,239. See Big Dog's attached Exhibit 6, which is hereby incorporated by reference. 36. The extended service agreement was for a duration ol'36 months or36,000 miles whichever came first. See Big Dog's attached Exhibit 6. 37. On or about January 27, 1997, Big Dog provided non-warranty maintenance to Plaintiffs Dodge Colt Vista including the replacement of fiver spark plugs and one coil for a total cost in parts of $91.38 plus labor of $60, plus a $52 towing fbc. See Big Dog's attached Exhibit 7, which is hereby inco.-p-orttcd by reference. 38. On January 29, 1997, Big Dog rellmded the $50 towing I'ce thal was covered by Plaintiffs Smart Choice extended service agreement. See Big Dog's attached Exhibit 8, which is hereby incorporated by reference. 39. Spark plugs and coils are maintenance items and are not covered by the 6 month limited dealer warranty set forth at Big Dog's INhihit 3 nor by the Smart Choice extended service agreement set forth at Plaintiff's Exhibit 13. 40. On July 16, 1997,13ig Dog replaced hrakc pads and a ball joint on Plaintiff's Dodge Colt Vista. See Big Dog's attached Exhibit 9, which is hereby incorporated by reference. 41. The cost of the brake pads and ball joint, and labor to install them, was $197.22. See Big Dog's attached Exhibit 9. 41 Brake pads and bull joints are not covered by the Smart Choice extended service agreement. See Plaintiff's Iixhibit 11. 42. As of July 16, 1997, the 6 month limited dealer warranty given to Plaintiff by Big Dog on August 9, 1996, had expired and was no longer in force, and, in any event, did not provide coverage for the brake pads or ball joints. See Plaintiffs Exhibit B. 43. On August 5, 1997, Big Dog removed the engine head on Plaintiffs Dodge Colt Vista and referred the work to UCF machine shop, which planed the head, resurfaced it, pressure tested it and installed new head gaskets and bolts which was recorded on invoice number 001354. See Big Dog's attached Exhibit 10, which is hereby incorporated by reference. 44. The amount of $413,75, which was initially charged to Plaintiff was not charged to, collected from, or paid by the Plaintiff to Big Dog. See Big Dog's attached Exhibit 11, which is hereby incorporated by reference. 45. On August 28, 1997, Plaintiff returned the Dodge Colt Vista to Big Dog and said that the car ran worse than before. See Big Dog's attached Exhibit 10. 46. On or about August 28,1997, Big Dog determined that Plaintiffs Dodge Colt Vista needed a replacement engine and did not request Plaintiff to pay the prior bill of $413.75. 47. Big Dog ordered the engine on September 4, 1997, through National Warranty Insurance Company and a rebuilt engine was shipped to Big Dog via APAC. See Big Dog's attached Exhibit 12, which is hereby incorporated by reference. 48. The replacement engine was received by Big Dog on September 17, 1997. See Big Dog's attached Exhibit 12. 49. The engine was installed and Plaintiff picked up her Dodge Colt Vista on October 1, 1997. 50. 'rhe repair bill originally dated August 5, 1997, was re-dated to October 1, 1997, and Plaintiff was charged the total of $102.05, and Big Dog ate (wrote-off) the prior bill of 12 $413.75. See Big Dog's attached Exhibit 10. 51. On April 20, 1998, Big Dog replaced a fuel line, clamps and a switch relay assembly for the air conditioner which cost Plaintiff, including labor and tax $148.93. See Big Dog's attached Exhibit 13, which is hereby incorporated by reference. 52. $50 was refunded to Plaintiff on May 14, 1998, but this was towards the 10-1-97 engine replacement invoice. See Big Dog's attached Exhibit 14, which is hereby incorporated by reference. 53. On Judy 21, 1998, Big Dog performed a Pennsylvania state inspection on Plaintiff's Dodge Colt Vista for free, and fixed some rattles by removing the exhaust shield and tightening all mounting bolts and charged a total of $39.22, See Big Dog's attached Exhibit 15, which is hereby incorporated by reference. 54. On July 22, 1999, Big Dog performed another Pennsylvania state inspection on Plaintiffs Dodge Colt Vista and described the repairs needed to pass state inspection on a repair order. A copy of the repair order is attached as Big Dog's Exhibit 16, which is hereby incorporated by reference. 55. The repairs needed as of July 22, 1999, were as follows: 1. Right front outer tie rod end. 2. Both rear brake hoses starting to crack on bottom. 3. Exhaust must exit passenger's compartment. 4. Left front wheel stud stripped and nut missing. 5. Left front and rear wiper blades. 13 56. Big Dog did not charge Plaintiff lbr this inspection. 57. In the three yeanc since the date of her purchase of the 1991 Dodge Colt Vista on August 9, 1996, Plaint ihas only paid u total (?f$590.80, to Big Dog toward the repairs of her car and this amount includes routine maintenance parts, labor, and taxes. 58. That plaintiff has only paid a total of $590.80 over three years for repairs to a 1991 Dodge Colt Vista, that has close to 100,000 miles on it, clearly indicates that Plaintiff has received the benefit of the bargain from the six-month limited dealer warranty included in the purchase price and from her purchase of the Smart Choice extended service agreement. 59. Plaintiffs Dodge Colt Vista was involved in a severe rear end collision in the spring of 1999. 60. Plaintiff brought her Dodge Colt Vista to Big Dog after the body repairs were made to the Dodge Colt Vista by Major's Body Shop. 61. Big Dog's mechanic believed that as a result of the severe impact to the rear end of Plaintiff s Dodge Colt Vista, an axle mount broke, which caused the axle to rub against the oil pan, which in turn caused an oil leak. 62. Big Dog's mechanic advised Plaintiff not to drive the Dodge Colt Vista, and the car was towed back to Major's Body Shop. 63. Major's Body Shop confirmed that the bracket and bushing for the axle had come loose and this caused the axle to go into the oil pan. 64. Nevertheless, Plaintiff's insurance company denied coverage for this repair. 65. It is not Big Dog's fault that Plaintiffs insurer failed to pay a valid collision insurance claim. 14 66. Plaintiff then called Big Dog to see if Big Dog would cover the repairs under the Smart Choice extended service agreement. 67. Because the damage was caused by a collision, the repair would not be covered by Smart Choice. WHEREFORE, Big Dog requests that Plaintiff's complaint be dismissed and that Big Dog be awarded costs and all reasonable attorney fees incurred in defending against this frivolous action. 1. COUNTERCLAIMS A. FRIVOLOUS ACTION due to LACK OF DAMAGES 68. Paragraphs I through 67 are hereby incorporated by reference as if set forth herein at length. 69. Plaintiff seeks unjust enrichment from Big Dog inasmuch as Big Dog has honored all of its commitments, promises and warranties to the Plaintiff. 70. Neither Big Dog nor National Warranty Insurance Company gave Plaintiff a bumper to bumper warranty for a 1991 Dodge Colt Vista for as long as she owns the vehicle. 71. When Plaintiff's vehicle engine malfunctioned, the Defendants, Big Dog and National Warranty Insurance Company, replaced it in fulfillment of the terms of the Smart Choice extended service agreement. 72. Other damages to, and repairs needed for, the Dodge Colt Vista are the direct or proximate result of the rear-end collision that happened in the Spring of 1999, for which neither Big Dog nor National Warranty Insurance Company bear any responsibility whatsoever. is 73. All the remaining mechanical repairs about which Plaintiff complains were either routine maintenance items due to wear and tear; repairs that are not unlikely to occur for an eight- year old used car with close to 100,000 miles; or were repairs for which Big Dog did not require Plaintiff to pay. 74. Plaintiff's action herein against Big Dog and National Warranty Insurance Company is frivolous inasmuch as Plaintiff has incurred no damages; Big Dog honored the terms of the six-month limited dealer warranty and both Big Dog and National Warranty Insurance Company honored the terms of the Smart Choice extended service agreement. WHEREFORE, Big Dog requests that Plaintiff's complaint be dismissed and that Big Dog be awarded costs and all reasonable attorney fees incurred in defending against this frivolous action. B. FRIVOLOUS ACTION due to LACK OF GOOD FAITH 75. Paragraphs 1 through 74 are hereby incorporated by reference as if fully set forth herein. 76. Big Dog believes, and therefore avers, that Plaintiff's trying to wretch a settlement payment from the Defendants in this case, in order to obtain money for a down payment on another car, in the same or similar manner that Plaintiff used her settlement money from Weis Markets to purchase the Dodge Colt Vista from Big Dog. 77. Big Dog believes, and therefore avers, Plaintiffs claim is not motivated by good faith. 78. As a matter of principle, Big Dog will not settle this claim, because Big Dog believes and avers that it has honorably and fairly dealt with the Plaintiff in good faith over the past three years, and this lawsuit is totally unfair and lacking in good faith. 16 WHEREFORE, Big Dog requests that Plaintiffs complaint be dismissed and that Big Dog be awarded costs and all reasonable attorney fees incurred in defending against this frivolous action. Respectfully submitted, Philip L.. Zulli, Esquire Attorney ID No.: 47499 1501 North Front Street Harrisburg, Pennsylvania 17102 717-238-9004 September 10, 1999 17 BUYERS GUIDE IMPORTANT: Spoken promises are difficult to enforce. Ask the dealer to put all promises in writing. Keep. this form. VEHICLE MAKE MODEL YEAR VINNUMBER , DEALER STOCK NUMBER (Opll..q WARRANTIES FOR THIS VEHICLE: ? AS IS-NO WARRANTY YOU WILL PAY ALL COSTS FOR ANY REPAIRS. The dealer assumes no responsibility for any repairs regardless of any oral statements about the vehicle. 19 WARRANTY ? FULL X LIMITED WARRANTY. The dealer will pay N?A_%of the labor and NSA % of the parts for the covered systems that fell during the warranty period. Ask the dealer for a copy of the warranty document for a full explanation of warranty coverage, exclusions, and the dealer's repair obligations. Under state law, "implied warranties" may give you even more rights. DURATION: SEE SALESPERSON FOR FULL DETAILS. 550.00 DEDUCTIBLE PER VISIT APPLIES. I® SERVICE CONTRACT. A service contract Is available at an extra charge on this vehicle. Ask for details as to coverage, deductible, price, and exclusions. If you buy a service contract within 90 days of the time of sale, state law "Implied warranlles" may give you additional rights. PREPURCHASE INSPECTION: ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED BY YOUR I MECHANIC EITHER ON OR OFF THE LOT. SEE THE BACK OF THIS FORM for Important additional Information, Including a list of some major defects that may occur In used motor vehicles. !^JRi 'ifs 7t?•• ..?.. nt"';gp.t{;19f..nPI "I'll I'A IN! rsr, ;110AT'10:Pt 'I. W ILIAI V4 O4M1 9:: ?L,P In! -,i^ t4fY1i1? i?:n nr R ADf In nl ?.rw.?gwr w?mwu.• ?$ 1 C -Do & 't- An 1B Ir SYSTEMS COVERED: 1 4 CHELLE_A-tUMEORD=CARRQMZa- 13 ^? c. Ci.HIFtI'N NINF STOCK NO. ODOMETER DISCLOSURE STATEMENT Federal law (and State law, if applicable) requires that you state the mileage upon transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment. I RIG DOG AUTO SALES. INC. (transferor's name, Print) state that the odometer now reads 7P-7 7no tenths) miles and to the beat of my knowledge that it reflects the actual mileage of the vehicle described below, unless one of the following Statements is checked. ? (I) I hereby certify that to the beat of my knowledge the odometer reading reflects the amount of mileage in excess of its mechanical limits. WARNING hereby ODOMETER DISCREPANCY. is NOT the actual mileage. DODGE COLT VISTASW JB4FH31VXMZ027333 1991 X ` TRAN6 ER 'S SIGNATURE RIG DOG AUTO SALES, INC. PRINTED NAME 1073 HARRISBURG PIKE TRANSFEROR'S ADDRESS (STREET) CARLISLE PA 17013-0489 CITY STATE ZIP CODE 08/09/96 _ DATE OF STATEMENT X PRI TED NAME MICHELLE A RUMFORD-CARRANZA TRANSFEREE'S NAME 20 EAST ST H11 TRANSFEREE'S ADDRESS (STREETI MT HOLLY PA 17063- CITY STATE ZIP CODE FORM (X%]M.IOf N I.?M .? MYtMM. L KLYrob. 1 LRM M V 6. B;G •V15G r-x Ft 16Jr JUDGEMENT NOTE AND GUARANTY SS /Am„nnt : )?JUD Dated: at: Carlisle, Pennsylvania U VALUPj RECwithout clefalcatioti, the undersigned t l i T ?• (hereinafter called the "maker") , and (Lcreinatter called the "Guarantor" h?rnhy f*,at e(ko pay to the order of "BIG DOG AUTO SALES, INC." (I,nrn natter called the "lldlder"), at 1073 Harrisburg Pike, Carlisle, r'nmhr!rland County, Pennsylvania 17013, or at such other place as the It,,Ifl6, hereof may f om ti a tq time designate, in writing, the sum n„tinrn (7i ._357+C S ), lawful money oL the United States of Amr, rica. t principal amour shall be payable in full on the day of M_ i.e __ 19 (the "due Date"). The principle amount, i „gnPher w th accrued intt• real:., shall be payable in equal -?. inntallmciis of $ LTeach, beginning on the _ _ Iny nl {_C 1? and continuing on the same date in each succe ng montli?until the entire balance is paid. Any pny,nants s)ta.l??be a plied firFiG to interest accrued and then to rn1htction of the principal amoutit. ThP principal amount and any amounts not paid when due hereunder r.ltnl) hear interest at the rage of one and one-hall percent (1 1/24) i-t, mnnUt for any month or part of a mouth that such amount remains nnpa i d. Alit), the said Maker and Guarantor do hereby authorize and empower 11t- "Frotltottotar.y, Clerk of Court, or the attorney of any Court of ,nnnrd in Pennsylvania, or elsewhere, to appear [or the confess jmlyement against him and in favor of said ]folder, its successors and nnnrgns, for the debt evidenced by this NO'T'E, with interest thereon, 1--ether with any and all charges, taxes and liens paid by the said Wilder., its successors or assigns, as of any term, past present or ntrure, with or without declaration, and all costa of suit and rnanonable attorney's fees not to exceed twenty (20%) percent for rollpetion, but not less than Five Hundred, ($500.00) dollars, with rnlenne of all errorn, and on which judgement the Holder may, on failure of the said!Maker to comply with any of the stated terms, punvisions and conditions of this Note, issue or cause to be issued an nxncution or executions, waivering inquisition and condemnation as to nny property levied upon by virtue of any such execution which now is nr hereafter may be exempt under any Act of Assembly. Page 1 of 7. N 113Ir A110111 fitt Aelt p Uwe i n•??a u) i 7t / Vregentg: That 1,... Michelle. Carrarma .. .._ .. .................. being of lawful age, for the sole consideration of $4000.00 .............to me in hood paid, receipt whereof is hereby acknowledged, have re. mised, released, and forever discharged, mid for my heirs, executors, administrators, and assigns do hereby remise, release, :lilt] forever discharge. W"i S Mn"Ice to, CSSC and Clarence Kintzer ................................................................................... and his, her, their. and its successors and assigns, heirs, executors, administrators, and all other persons, firms, and corporations, of and from any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property, and the consequences thereof, resulting, and to result, from a certain accident which happened on or about the., 8 ..................day of.......... July........................ ....... t 9..96., for which 1 have claimed the said ....Weis Markets, C.SSC .. .. . an...d ... Clarence ... . Kintzer. . . . . ................................................................. ........... ............................................................................... .......................... tr, he legally liable, which liability is hereby expressly denied. 3Jtt Iitttegg fjereof, I have hereunto set my hand and seal the.....? ,3 1 d. I...................... d,tyof I%'ri } 1..... ... C .....................tn the year one thousand nine hutttlred.... . ...`i:............................... SrulrA und/rlirrrn! in !4e presence of p 1Vihtesc.......... .- recs.....?:-.• ........._ ....................... 1.CC/1tlE.w?/.kS:u, ...i L$ } v W;tI'ees .... ............. . A,hlreas date of (Catuttn o' ?s' It r tht this ) }LfC•L(.,1 , d;ry of ........ • -1 ..... 9. bcf cf ?'ore me personally appeared Il!°; •)l.(?f t}((1)1?(y I) ?.?I I I(?Il? to mr l wtitrti'. anti'known to me to be the same person It- ribed in mtd who exerutrvl the above instrwnent o"d ht (otj8stel?ackuowlcJgcd to me that he (or site) .-\I- Wed the Amite. Nola•a'71 Seal II r OotothyJ.Wo???cn?NOmryFWlic •'1 i`T?/•?CtJ (, Soulh Middleton l&p Gtmtxerland Cotmty ........J :.. tI (IL. My Commission .wpap%,tuna 5-1941 ' than tber?l`enttsyka'ct AssoaaEOndNolanes - ...::..._•_. _..._ ........................................ (0151 ial Title) C•2126 Rr . In•7n PRINTFD IN U.S.A. ? t 6 'DDG g wy, lk C/ Altotu all Sleet by tone Vreantm That I,... Michelle. Car.ranza .............. ........... ,,.,,,,,, being of lawful age, for the sole consideration of S4000.00 .............to ale in hand paid, receipt whereof is hereby acknowledged, have re• nlised, refeaseel, and forever discharged, and for my heirs, executors, administrators, and assigns do hereby remise,refease,and forever discharge. Wnia I'l.•,t•kets, CSSC and Clarence Kintzer .. _ ......................................................•-------------- ... .. _......... _ ... . ........................... and his, her, their, and its successors and assigns, heirs, executors, administrators, and all other persons, firms, and corporations, of and from any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown, foreseen and unforeseen bodily nod personal injuries, d:unage to property, and the consequences thereof, resulting, and to result, from a certain accident which happened on or about tile.....! 8 .................. da_y of.......... JulY............................... for which I have claimed the said ,,..Weis Markets, CSSC and Clarence Kintzer .............................................................................................................. ........................................................................................................ to Ile legally liable, which liability is hereby expressly denied. :Oit R10.'tiitn"e; Whereof, I have hereunto set my hand and seal the.....: 3.' day of... _.:1..(.(C f I . A...... C /- } In the year one thousand nine hundred ......ii ............................... Sminf urtd/ livered in Me presence of pp Wituece........._- ar.rs....w,-S... ............. ..... ...... ........... ?ICC/eCP?c.?/.!-?! f.S } addtvi,; ?- RTrnr?c .... lddn•<, .... ?I.ilr of ICountn o' cc' • ? 11 OII t11? '"1 •'1 day of L b LI J e, 1 et (o .......... 19.......before me personally appeared J1 I f I',.`.1(r /(, 7?((I) t?(y f) ?. f i (I (It l r. i,- _ .to ale F;q;r6' aP;&kno,vn to ale to be the same perwn 41,•<, rihed in null who exerlned the above instrument and ie (olj8?le1?acknowledged to me that he (or she) rkeroted tilt' c.ln,e. Nolan-11 Seal I Oorelhyy J. We???rh, Notary public -V TALC/. So1Ah Middlsl0ntw(, cunibenand County ... .................................................. Idv Commisscn I?Ypnoq Juno a-t Ban ' Motlbef, perns&a.,is Assoamon d NQAnell ........... a............................................................. f r (Offir in( Titre) G2126 RrV. I0-70 PRINTED IN U.S.A. $ c 6 'UaG gXif 18 rr ` comet dvl LIMN Cl®hn Dap ar""l:y 1e Constitution State Service Company ,.11101dinn Mile enrvirl, grnopnlry I"111. IR 17A; fi If,"VIInV,rA 1967-94pr August 6, 1996 Michelle Carrnnza 20 West 5t Apt 11 Mt Holly, PA 170G5 insured: Weis Markets' Date of Loss: 7-18-96` Claim Noe D5G0987 Dpar Ms. Carranza: Per our conversation of August 6, 1996, I have enclosed the rower of attorney and general release for you to complete and . have notarized. I also will need letters from your employers stating your lost wages and verification of this. i have issued a check today for $1000.00. This will follow under separate cover. When I receive the above forme and information, the remaining $3000.00 will be issued. if you have any questions, please call me at 1-800-832,-0606 extension 3964. Sin erely, 7 L sa YoG'hg . J Claim Representative enclosures (2) UNITED STATES BANKRUPTCY., COURT Eastern bistrict'ofJNcfth`Carolina Tn no: a? f r ,1R!?AN7"JI, JORGE A. NOV 1Q 1 CadA'NA.;LS9?? !+.39 CUTCNEN LN., APIP. 102 28314 1.nNf•'nR?rARRANZA,,MICHELLE Ai .'Nr?VracC1fRh Date Filed,?S nS9AN 584-a9-1205 7?yR? Chapter';7•;', JnSSAN: 160-5E-3175 `l4 ' ?1h y y i i• c ? 1 ( I ?? It ? 1, A ' IIn , 1 1 a •i b18CIIARGE OF b16t'Oh(S) °1 !1X 1 , It appears'that the person named above 'filed a commencing a case under title 11, United States coda an!:Ithayddti.. shown above, that an order for relief was entered' Undelel;Chlittlgr'i7 t1int no complaint objecting to the discharg0`df the debt6RWaW'fd within the time fixed by the Court (or that ' 'a complaint'`obliating discharge of the debtor was filed and, after due notica'!and hdaH was not sustained). ;s!. 1 1993. y % I ly vlt, 1 ? 1 IT IS ORDEREI) THAT: t` 1.. The above-named debtor, i s released from all .diachsxgaabld++«p.?a.:••L.......•...... debt's. !f +, 1 ).. Any judgment heretofore or hereafter obtained in any court'",: ) other than this court is null and void as a deterfninatio6j, ;l 1 ; ; ?! t ! { , ,. of the personal labilit.y of the debtor with respddtl'to following: any of the i f,1, 1,. I ?l f, (a) debt's dischargeable under it U.S:c. Section 523; (b) unless heretofore or hereafter determined by 6t r{ of this court to be nondischargeable, debts alle ad to be excepted from, the discharge under claused '(t)y. (4) and (G) of 11 U.S.C. Section 523 (a)j .""" L (c) dehts determined by this court to be dischargdd.l J. All creditors whose debt's are discharged by this order' and all creditors whose judgments are declared -hull;ehd void by paragraph 2 above are enjoihed from in§titlibing) or continuing any action or employing any process' 6, t engaging in any act to collect such;:debts as perebnal r: liabilities of the abov--named debtor. r i { r; 1 , 1. hu.ru:.';yi17 . ILIt I d: Nl,vembet' lU, 1993 97 A. :-.: ... HOMAs sMALW.,J bd „f . y T???? ??G ?xN)?zTS M; I A:, I t I • rsS?. iN, A I BIG DOG AUTO SALES, IN®. P,0. Box 489 Carlisle (717) e5e-0363 (G 1073 Hbg. Pike Hbg.-Mech. (717)790.0363 ???® Carlisle, PA 17013-0489 I'DATE 1I0a/09/96 aUYCR 1 MICHELLE A RUMFORD-CARRANIZALRLIC. cO BUYER Dnrvpn 20 EAST ST 111 MT HOLLY PA 1 (717) GARRITY 5- 7) 91 DODGE MAROON JB4FH31VXMZ027333 717)-243-3467 2621 SPRING RD CARLISLE, PA 17013 UMBER COL451ON DEDUCTIBLE Q065404547 H E .- a Sea- 3 YEARS/ 36 ? FACTORY WARRANTY - The factory warranty constnules all of the weuanties with resepci to the sale of ima ilemhlems. The seller hereby expressly disclaims all Attenti th TOTAL CASH PRICE on, ei er expressed or implied induding any implied warranty of merchant b t f l a i y or i itness for a particular purpose. and the seller neither assumes nor authorizes any other person to assume for it any liability in oonnecbon with ALLOWANCE FOR TRADE IN Via sale of This hemnams. Y ? U 110 CAR WARRANTY- Used ear is covered by a limited warrant detailed i y n a separate document. ? AS IS . This motor vehicle is sold "AS IS" without any warranty either expressed or implied. The purchaser will bear the enti BALANCE re expense of ropairinq ur correcting any defect that presently exists or mat may occur In the vehicle. SALES TAX PURCHASE SIGNATUR 'L% N. - 4 PTA TAX 40 It you cancel this pas chase agreement or ref to take delive of t e vehicle T ordered, except as permitted by law, you shall, at our option, torteit as damages EMP. TAG TITLE E the amount of $ NCUMBRANCE FEE REGISTRATION PURCHASER'S SIGNATURE % _ DOCUMENTARY FEES The information you see on the window form for Thia vehicle is pan of this contract. TOTAL BALANCE DUE Information on the window form overrides any contrary provisions in this contract of sale, Purchaser agrees that this order includes all of The terms and conditions on both DEPOSIT the face and reverse side hereof, that this order cancels and supersedes any prior s agreement and as of the date hereof comprises the complete and exclusive DEPOSIT statement of the terms of agreement relating to the subject matters covered _ hereby. This order shall not become binding until accepted by the dealer or his BALANCE DUE AT DELIVERY authorized repmentative.You, the buyer may cancel this contract end receive a ADDITIONS OR DELETIONS 'full refund any time before receipt of a copy of this contract stoned by an yIVIT,y written notice of cancellation to the dealer. Purchaser by his execution of Ihis order acknowledges That he has read its terms and conditions and has received a true copy of this order. PURCHASER'S SIGNATURE %E.4-1, . L_ //.. ?xJ.._ Z'? ,...ern •.,r, ...? NEW BALANCE TAX /96 TOTAL (r ;. a6 Ede N i3 r-' Lr) ------------------------ -------------- p -- -- - S2 t p w 0 a vii w u? Z _ w r a N xo ui a: ad dog CCxo 3 LM w p w 5 z Nd ap a O ( P G O Z z 0 (D LU w o w - ? m O Q a 2 0 F Q l a w o a cr. al 'a' f w o o q q 0 0, JJ '.w?C ? ? N V7 °Y glu ?s ? ?U) .s? m O V) ° w a a ...V W W ¢ lid g ZQ U Vii! n < Q 4.. icy i ! I _ --------- tp ^VlU9 I w Q UJ w y a m a F o U. O U O z a W w a H y vv?? w_ q ! u V ?N 7 y p4#Cs jSn3$xaxa {/ /c #6 •. -. .. ?. ?. ?. ... ..-r. ....._, w •.. 1 ..ten ._n. ..r ._.:••_ ?T-1 FR?Nw 1? ?? XN1 gST 7 CO O O S W a) co d O so CA ?- a a. C CM U) N 0:3fz:, z 0 V T ?z. 0 ? w N O i w z w w 3 ? a w 0 W O .- . M 1 I Y 0 ' ? ? / ) w O r LL O ` W a s © LL O a s \ z a ¢ U a H co C ? r ? o J a ? w ? K W ¢ V V _ U O -fz _ C U LL ? \? (n . ? N n 0 2 ?m m°- , Q U ,n v/ I O Q L u ,,^^ C B 11 N_ H ?O T 1 n. a ? w cm ?. w ? c? j w I< < s a N w O J Q 5 F w p R8 a 6¢ N '? L P' O he 38?4? __ ____ _____ ___ _k' o O? y o y yy n U O FY[ O O 0 O =! 55 y J N y O. u $ S W o ? c N _ G ? Q _____________ Y W Q ____ Cl) Q ` CO LL ti ~ O W Z Q v K Z ul ¢ J [] 0 F w O w O Z U Q ¢ Q a Q C., 0 0 u C) m 0 0 V W mm n? r ZNaao F N O A? z (L' w M u3. ¢ s l1? h a ° :5 08 co LU a J S ?LL a ? v (y ?.o ? c 0 L? V I p ? ? m 1~( D ?W J y M --- --------- - -------- O ' - ------------ -- °? ??' U, m o oh ? o Z ° 3 ? Y y Q N LLI = e J r MM l o `?! w O I\ U y M a t? 1 I n Q l$s ? ? W + ? u a H Q g pis F- 3884 --------------- f i p 3 N y ;e cn o ? ?t Oo, J,I $ N 0 N o Ifl H LU D o m u S O ? g I I ti 13 4 w O w U U Q J 0 C, _ IG ?oG-_?acNiB??r 9 ° o 41 - -- - 00 C\"o S2 tj 0 z 3 B 0 st QyA7 Yp tj P, - ------------- ci ' p O ¢ - 1 n m o V O a ? y ' w it w w r? a ? R W ¢ Jo o ; " J O ? m V ? Y g Q ___________ 3 rn' [ Q V ?• W N Z Nn'L \xr a O ; L W V \? Q Y N o Q C ?n¢C u Q o W a LL W N < w S ° 'r a ©© ,? ?? G G y ? a cn vi O o m N ('? Fig O z q 1?. m ___________ ?? cd w r co 1 1 -k < F w N OCC?'h ?J °z CD ti ¢ do ¢ o a? dm 1 I ??`a?9 J 0 0 * Q s M C/3 C 0 ?. %J CA. 116 Lc: 411 o ? ?s C:.r h• a? p •r m w G w yi ?u w LU u w 3 Q re ?: _a o O U. - 1? --------------- :5 o° l'' f ^3 o j/ u ¢ = F Fl. DO u U O _ ?'? ~ LLI ms? o a T ? 0 1 Q ______________________ h - I 4 Q ? ? u W ??11 m r- a - O w ,-? < J 2 C/) z C5 r w Q a _ o g C (/! ° W 6 O ¢ ` z Q v p. F Wd ?? pw ? dCr ?4?r txyv T lI 3 • •. HM n, K, uE P. O. BOX 801 PICK UP UNIT DATE CHARGES ARE R DELIVERY RECEIPT NORTH REROIN, N.J. 1354 a/ 4/:9, P R EPA I: CI O 07047 al" IAPACI (9011869.6600 ADV C/L ADV CJE PRO RrD C/L N T606340-1 Pq 1 IO ROW ROUTE MSG DUE ADV. DUE A DU lID B I II ^ -1$12 l1? ?r H VI III IIII II II IIIII III II IIII IiI III I III III I E SHI PPER IG DOG AUTO 073 HARRISUB J T'OM'S FOR EIGN AUT O PARTS RG PIKE ARLIEI E 1j ? 35 SOUTH FIFTH ST q-- _ WATERBURY ` A 17019 84E( 4+i PURCHASE ORDER NO CT '? COQ B4d T4U I , MET 5408 SHIPPER NO 1 ENGINE FOR REBUILDING 70 200 a 0-PLTS 1-PCs 0- I ?V %nil V WEIGMf ?' • 303 ?] ? • ."E;ARSES PREPAID ?J J LOADER LOADER LOADER l 1 2 3 •.. r. _ . ..•. , _.. ... LE og ... i. r t - fff, rAt'a4-ry?y/r? v- ?i?Tt LOP -ix. <s 1 F fs 00 Q lr • T F yam i ?x, ?a ZN rl ? G ° G 3 d eo ., O ` °^ Q C O F O 1- S W U ' io -? g¢ g 3 3 V ? ? s# V1 M , - E i 9 Z Z ` a c • ? o? • •' 3 0 :? oe m O z J V Q 3 a _"-? cod ?F ? w ?l S Y y _ a? g?3 -E 13 , 01-L - a 2-0 ?h 2 3 c'k ? v -92 a. E? "mom - vc r K4 O `A R y TA ?• (? I ?O Z f O W L L v N g , - ¢ ? NC•S? - ? ? 1 V V n 6 ? ?.Q N yL 5 E El E O CE 0 w d"d o Z? z W? 2,n m; x < s _ O O r$ .& L < Ci -e?g€ E.Y N z _ a _Y S?"s B J 1 •Y S Q ? CQ i O ~ cV ZJJ? CV ?LG a a?r,s < + i t # S R t? G- 66 e7c ? i '-- 3 __.?_ `"'Michelle Rumford 4030 - Reimbursed Expenses PNC BANK, N.A. CHECK Refund of Scrvice WK 1188 5/14/98 50.00 - - - - - - - - - - - - - 50.00 1 ?) 4 I 1 ?A v A A ? ? p S, Big Dog Auto Sales, Inc. Requisition of Check Date : _ ;?// -d1 s Purpose of Check : Amount of Check : $-,5Z Make Check Mail Check To : To ]Requested By: Manager Authorization : - 6- 3) . LO ? o JL C C-a m Z t? ? F ? 44 a x( O g a E Q J: s OF O r O 1- c w V V a o ? C V 3 I , E g ` w T ? _ N 5 4 U ` o< O V $ o m m V t- d <w o 0 ° $ m m y L y N t ?8 aad ?? ?, \ o n? ?nd C ., ? z < 3? Yoo 3 n? Ed 2 IL 12 6 2 z o c a z =o b ! 0 N c V? Y C NO p t U i ? y 19-E d ; it z `?=d ) -g- a ' W L`a z < ? O oz --oio X O ? .o .y d L? - 33 F f T F I I cE?? + 5 ; B?Ba e. ? ?o$E z a Y$?n i f $ }oaf ASS' .s. CCU M 6 CD 8 j a 5 ? i'r :.I w ? Y W d { f ' ru ?' 1 ? 7 c u ? U? a ? ? " ? i ? ? ? j yy a ? ? III I ? 3 i ? ° ] 11 e. U °' u v?cOiG W.a[n rv.n ? ? 1 ; V ? e Ylia? i ?} ??C I I U?G "' ]]YI h ` Q - ?o EEE I .. p p ?G it iii L E u ? C? , ? Paip:2 aa? `r+ o ?, ?F•Y py n ? v > . . ?i lgd'Ep Y €= ??pt O 6 `: 11 II e t?]`?YS• U c2y?y e o g $ n , a ? Ys??c? $ a ICI > 4 sFst?y 3 ? ?:p'E Y+e a W 7 ? gg H ui E c ?? Eyi H , - - qq HIM -W X Y 6 _ i I''1.? yl WLLW` OZp : i N W > Z LL aSW?E? v Sccy] u] N= rr i ? P D Q ? B aNaON ?? tp O ? .. " LL OwO aa>uo < z? w J :. .2 QCW ty < :t 1 4 ? jp<Oi >H \ ? W U y a 3 N- ` dK N NWOWn ?I mnGSu Ou FO ¢ o ; r Ww_2_ W p J N ¢ ? ?;N ?] yy S] atZ ? ? 1?WUf? wr +r^ w.v^ny ry].wumJ YWII ]]]dY1CtlG] i0 39Vd ST VS oinv r)OQ oIa 0EE08SZLTL bZ:EZ S66T/91/10 VERIFICATION I, George Montemayor, am the President of Big Dog Auto Sales, Inc., which is a defendant in this action. I have read the foregoing Answer with New Matter. I verify that the statements made therein are true and correct to the best of my knowledge, information and belief. 1 understand that I am subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities) for any false statement made within the foregoing Answer with New Matter. George Montemayor, President Big Dog Auto Sales, Inc. MICHELLE RUMFORD-CARRANZA 20 E. Street # 1 i Mt. Holly Springs, PA 17065 V. BIG DOG AUTO SALES, INC. 1645 B Trindle Road Carlisle, PA 17013 and NATIONAL WARRANTY INSURANCE CO. 200 Lyncrest Drive Lincoln, NE 68510 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 99 - 3191 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Answer to Plaintiffs Complaint was served by United States First Class Mail on September 10, 1999, upon the following persons: Bradley A. Schutjer, Esquire Matthew C. Browndorf, Esquire KILLIAN & GEPHART BUCHANAN INGERSOLL, P.C. 18 Pine Street One South Market Square P.O. Box 886 213 Market Street, 3' Floor Harrisburg, PA 17108-0886 Harrisburg, Pennsylvania 17101 Attorneys for Plaintiff Attorneys for National Warranty Insurance Company 7 Philip L.. Zulli, Esq. 1501 North Front Street Harrisburg, Pennsylvania 17102 717-238-9004 MICHELLE RUMFORD-CARRANZA 20 E. Street 011 Mt. Holly Springs, PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BIG DOG AUTO SALES, INC. 1645 B Trindle Road Carlisle, PA 17013 No.: 99-3191 and NATIONAL WARRANTY INSURANCE CO. 200 Lyncrest Drive Lincoln, NE 68510 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing.Answer to Plaintiff's Complaint was served by United States First Class Mail on September 10, 1999, upon the following persons: Bradley A. Schutjer, Esquire Matthew C. Browndorf, Esquire KILLIAN & GEPHART BUCHANAN INGERSOLL, P.C. 18 Pine Street One South Market Square P.O. Box 886 213 Market Street, 3" Floor Harrisburg, PA 17108-0886 Harrisburg, Pennsylvania 17101 Attorneys for Plaintiff Attorneys for National Warranty Insurance Company Philip L.. Zulli, Esq. 1501 North Front Street Harrisburg, Pennsylvania 17102 717-238.9004 i 1 1 L. XI: r? v;