HomeMy WebLinkAbout99-07688
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COMMONWEALTH OF PENNSYLVANIA
ly??r,?.,>1j?D
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS N> 99- 7G 0 8
-?- NOTICE OF APPEAL.
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District justice on the
date and in the case mentioned below. _ 4- . n ,.,a. nen NAf.?E a --
-3
_1 ,-
A05 6
CV 19 nn r? 0 3 $ r/- 9 `?
LT 19 _
1008& will operate as a
This Notice of Appeal, when received by the District Justice, op
SUPERSEDEAS to the judgment for possession in this case
Signature at prothonotary or Deputy
ce
RC.P•J•R No.
see Pa
If appell s CLAIMAN- T (
1001(6 in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RUED Ev rl?? --
notice of appeal to a awed DAN (see Pa. R•C.P.J.P. No. 1001(7) in action before District Justice-
(This
upon )*
NOT USED, section o d? t from be used se ()NLY when
PRAECIPE: To prothonotary s8 / S , appellee(s), to file a complaint in INS appeal
Enter rule upon `'on2 Name a egvetsl
• m=efionl 9 / S g , within twenty (20) days after rv' of rule or suffer entry
(common Fleas Na J
1`, e e a of ppeEent
s&Le9 7,pPe(lee(s,.
GMlzy Am
RULE: To Nee a eppetkasJ
(1) You are notified that a rule is hereby entered upon You to file a complaint in this appeal within twenty (20) days esker the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) R you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing./
Date:l??a 51 -, 19-W- -
sere a
AOPC312•84 COURT FILE TO BE FILED WITH PROTHONOTARY -^ - -
_ r•
NOTICE OF APPEAL
FROM
F-M
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
;51
AFFIDAVIT: I hereby swear or affirm that I served
? a copy of the Notice of Appeal, Common Pleas No.
upon the District Justice designated therein on
(tlate of servieeJ , 19? by personal service ? o
receipt attached hereto, and u the y (certified) (registered) mail, sender's
upon appellee, (name)
,on
.
. 19 171 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto
.
? and further that l served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(c) to whom
the Rule was addressed on 19 ? by / personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF --
19_
Signature of alhant
Signature of oHmlal be Iwo whom elfraanl was mad,
Title of official
My commission expires on
19_,
r v. -
• ? 11
- 1-
t )
1/99 10:4). PAX 570 824 7883
COMMONWEALTH OF PENNSYLVANIA
MlAri JAN iVARRANTY CORP .. -. _ (/ _-_rhoo l /00, 1.:?'_¢J3
Map. Dlal No.:
.+aa,.aua?auu?u
09-3-04
WNama: Hon.
THOMAS A. PLACEY
Add' °a'! '104:: S. SPORTING HILL RD.
MECHANICSBURG, PA
T.Jo hang: (7171) 761-8230 17055
79 - /0
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: C'IVIL CASE
NNAE and ADDRESS
I-AMSBAUGH, SR., GARRY G 1
3450 GRANDVIEW AVE.
YORK HAVEN, PA 17370
L
v5.
DEFENDANT: NAMEaMADDRESS
ISPANKEY'S.AUTO SALES, ET AL.
701 E. LOCUST ST.
MECHANICSBURG, PA 17055
THE GUARDIAN WARRANTY CORP. 1
639 MAIN ST. rDate ocketNo.: CV-0000387-99
P.O., BOX 68 Filed: 10105199
AVOCA,.PA'.18641-0068
THIS IS TO NOTIFY YOU THAT:
''Judgment: ? FOR? r .AINTT p.
fxl Judgment was entered for: (Name) _ Amgl;ArrrR 4R rARRV r
?X Judgment was entered against: (Name) TFM rrTART)TAN WARRA.MTV rnRP
In the amount of $ A ngs ro on:
o Defendants are jointly and severally liable.
.,Damages will be assessed'on:. .
(Date of Judgment) 11 12gMg
(Dale & Time) _
'a This-case dismissed.witheut prejudice..
? Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
F1 Levy is stayed for days or G generally stayed.
Objection to levy has been filed and hearing will be held:
Amount of _Judgment.
Judgment Costs
InteresY.on Judgment
AttomeyFees
' "
Tnral • . '
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ J
Date: Place.
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF
OF APPEAL WITH THE PROTHONOTARY/CLERK KOOFFTTH?-E COURT OF COMMON PLI
MUST INCLUDE A:COPY O=THIS.N E OFIC JUDGMENT/TRAN5CRJPT FORM WiT
. Date _ .
I certify that this is a true and correctjcop oYt - reco of the proceed) s con
Date
My commission expires first Monday of JanuaryV k2004
AOPC 315.99
A NOTICE
,• District Justice
Ig the judgment.
Digttrict Justice
SEAL
1
J
N
C^ -
l~.
_ `
`
v
k 0-
1
r -
r
k NOTICE OF APPEAL
COMXOkWEALTN OF PENNSYLVANIA
COURT OF COMMON PLEAS FROM
wDICIotcuL DISTRICT alcr D
DISTRICT JUSTICE JUDGMENT Q
COMMON PLEAS Na 99 - 7(f QU
NOTICE OF APPEAL
bove Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
,.Notice is given that the appellant has filed in the a
' date and in Case mentioned below
G' a "W 09-3 d C04ce
APKLLANI
63 9 /ylrtii? STQEE? Avocl?- ; , i ?'?' •, ?'.':/£r6'
N? !lunmt •• F1,1 :.S` .. 1.ti 5 A)'1 < ,
-; - MARX Cr J4ms gAU61d- 5?
ruRE a ?veasun rss,sn riot r .
CV 12 D?60382-9?
IT 19 CLAIMANT (see Pa R.C.PJP No
7t,Tlus bock will be signed ONLY,JAsen thi; ngt?han,ls requtrd under Pa. R.CPJP. No, if appal
10pgg 1001(6 m action before Dfstnct Justice,.he MUST
when received. by.. the District Justice, vnll.opemte as °- is Within twenty (20)days after j
Thb'Notice of Appeal,
SUPERSEDEAS to the judgment for Possession in this case FILE COMPLAINT ' filing his NO .
TICE. of APPEAL., :
•? ?.Signature of Pmthmotary or OeWN .. ._ ,- ' f:.• .. C ,,. fit. a.
,PRAECIPE4 ENTER' LE TO FILE COMPLAINT >'?ND RULE 70 FILE
(this sectloh of form4o be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.dP. No -1001(7) in action bef" DIShld Justice
e> °IF NOT USED, detach from,cepy of'notlce of appeal to be served upon appellee). I-
PRAECIPEE To Prothonotary l-
.. ,. ?•? 2 Q Y AJ?1 a'?/?S"G/C?[ Sr`. ... - appeilee(s) to file a"comphmt mthus apPeat
L.r :.
Enter rule upon.
9 ?' D g ) within twenty (20) days afser', of rule or suffei'eiftry a .ant of non pros
"(Common Pleas No °
d appeE,nt a fur attae,ev a ePml; -
' A 6691ZY (J-• Apsm A ?e1 aP lee(s).
, RUULES.': 70 mane or DPPWA efsf
.y (1) You arenofified that o rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the data of
F service of this rule upon you by personal service or by certified or registered mail - <
f (2) If youdo not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.-
ti ; • (3) lhie dale of service of this rule if service was by mail is the date of mailirg.
' - / slot" of OrputY
Dale: leg J3 19 ?•
f:.
,
`.iaPaas e+ COURT FILE rJ
J
I; ,,, 1..1
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
I (This proo iof service MUST BE FILED WITHIN TEN (IO) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA. I 1
COUNTY OF; ? as ? t • i '.
AFFIDAVIT: I hereby swear or aflirm that l nerved Q
roe
copy of the'Notice o Appeal, Common Pleas: N7/20 0 , in nn the District Just designated therein on
a
oj&q-Q•-,-" ? by ersonet service by certified) (regrslered)mail senders 'I
(dateofservice)?.
'IR
?? i •? receipt attached hereto, 'and upon the appellee, (narPeJ: -?: en
•, S/QN $®OD []:by personal servicey?by. (certified) (registered) mad sender's receipt attached hereto
ano further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(ci to whom i • -f
Rule was addressed on s iiz?aDO ? by personal service f?F.by (certified) (registered) 1
I:"thel
O n
mail, senilefs-receipCatlached hereto:' ". • C `-'
ED BEFORE ME
SWORN (AFFIRMED) AND SUBS RIB 22
THIS ,fj
DAYOF signature ofalfiant.
Slgne ?(N/ was meoo n 1-. ?:n
% HEATHER L: OIVLER, Notary Public P ;D %t
7aldol or_ Cornm?ston Ex droa Doe, 24. ?n01 - - - s .: - cn
My,commission ezpi(escrl, _. - .., ..9 a....
Z•238 581 997 Z 238 581 913
US Postal Service US Postal Service
Receipt for Certified Mail Receipt for Certified Mail
No Insurance Coverage Provided. No Insurance Coverage Provided. r,
' - Do not use for International Mail See reverse
ae'a uvmav
Do not use for international m
N
sent 0 -fl m S fY• ITF
ri?L
ract 8 Num Dr
? •
L YG
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Pas office, Sta , 8 IP we ?,(
D
C s 1
Postage $ a 37
certified Fee 7 V
Special Delivery Fee
Restricted Delivery Fee ?-
Return Receipt Showing to
w ern & Date Delivered
Deem
Date.
To AL stage 6
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Po ona or
SA
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S OV?
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Senile
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Ireeld Nu er eJ
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P sl Otto:e, lale,d IPCade
Postage $
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f
ee
Certi
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Special Delivery Fee ?-
Restricted Delivery Fee
Return Receipt Showing to / Zr
Whom a Dale Defiveied
Retum Receiq StmmglnNMm, -
Date,dAM w Arisen
TOT /ISgI
S nn p/
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U3.
011695.00001/2.7.001MCD/DMI31321.1
GARRY G. AMSBAUGH, SR.,
Plaintiff
V.
THE GUARDIAN WARRANTY CORP.,
Defendant
To the Defendant:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NOT/CE TO DEFEND
NO. 99-7688
CIVIL ACTION - LAW
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defense or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
GARRY G. AMSBAUGH, SR.,
Plaintiff
V.
THE GUARDIAN WARRANTY CORP.,
Defendant
NO. 99-7688
CIVIL ACTION - LAW
AND NOW, the Plaintiff, Garry G. Amsbaugh, Sr., by and through is attorneys Johnson, Duffle,
Stewart & Weidner, files this and Complaint and in support thereof avers as follows:
1. Plaintiff, Garry G. Amsbaugh, Sr., is an adult individual residing at 3450 Grandview Avenue,
York Haven, Pennsylvania 17370.
2. Defendant, The Guardian Warranty Corp., is a Pennsylvania corporation located at 639 Main
Street, P.O. Box 68, Avoca, Pennsylvania 18641-0068.
3. On December 14, 1998, Plaintiff purchased a 1992 Ford 44 pickup truck, VIN No.
1 FTEF14N7NLA41585 (hereinafter "the pickup truck").
4. The Plaintiff purchased the pickup truck from Spankey's Auto Sales located at 701 E. Locust
Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
5. On December 14, 1998, the date of purchase, Plaintiff elected a limited warranty offered by
the Defendant for a term of 180 days or 6,500 miles. A true and correct copy of said contract of warranty is
attached hereto and incorporated herein as Exhibit "A".
6. Immediately following the date of purchase the pickup truck exhibited various mechanical
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
problems, primarily oil loss.
7. On or about December 28, 1998, Plaintiff returned the pickup truck to Spankey's Auto Sales
for repairs. Spankey's Auto Sales evaluated the oil usage problem and was unable to remedy the same. A
true and correct copy of invoice from said repairs is attached hereto and is incorporated herein as Exhibit
"B"
8. On or about January 28, 1999, Plaintiff returned the pickup truck to Spankey's Auto Sales for
further oil consumption and leaking evaluation. Spankey's Auto Sales evaluated the leak, replaced the oil
pan gasket and replaced the rear main seal in an attempt to remedy the oil leaking problem. A true and
correct copy of the invoice from said repairs is attached hereto and incorporated herein as Exhibit "C". The
Defendant by authorization number 599012895414D authorized payment of One Hundred Forty-Two
00/100 ($142.00) Dollars for the repairs set forth in Exhibit "C".
9. On or about February 5, 1999, Plaintiff returned the pickup truck to Spankey's Auto Sales for
further evaluation of the oil leak problem which had not been remedied. Spankey's Auto Sales evaluated
the oil leak problem and again repaired the oil pan gasket. A true and correct copy of the invoice for said
repairs is attached hereto and incorporated herein as Exhibit "D".
10. On or about March 22, 1999, Plaintiff returned the pickup truck to Spankey's Auto Sales for
further evaluation of the oil consumption/leaking problem. Spankey's Auto Sales was unable to remedy the
problem with any of the repairs performed. Spankey's Auto Sales referred Plaintiff to Kuhns-Harnish Ford,
Inc., for evaluation. A true and correct of invoice for said repairs is attached hereto and is incorporated
herein as Exhibit "E".
11. On or about March 23, 1999, the pickup truck was delivered Kuhns-Harnish Ford, Inc., for
evaluation. Kuhns-Harnish Ford, Inc., performed evaluations and found some evidence of "blow-by at # 1
and # 8 cylinders". A true and correct copy of said repairs and evaluation is attached hereto and is
incorporated herein as Exhibit "F".
12. After Kuhns-Harnish Ford, Inc., performed its evaluations, Kuhns-Harnish Ford, Inc.,
informed Plaintiff that Plaintiff would have to pay the cost of dismantling the engine of the pickup truck to
discover the problem, if in fact, no problem was discovered.
13. Kuhns-Harnish, Ford, Inc., informed Plaintiff that it would cost several thousand dollars to
dismantle the engine to discover the problem, and additionally the dismantling of the engine would not be
covered under the warranty.
14. At all times relevant hereto, employees of Spankey's Auto Sales, Inc., were acting as agents
for and on behalf of The Guardian Warranty Corp. Plaintiff's requested Spankey's Auto Sales, Inc., to pay
for the dismantling of the engine to which they refused.
15. The Guardian Warranty Corp. contract with Plaintiff of December 14, 1998, defines as a
"covered component" the "timing chain & gears, timing belts, camshaft, valve train, cylinder head, all
internally lubricated parts, intake & exhaust manifold & engine block". If further defines a "covered
component" as a "cylinder head gasket and intake manifold gaskets are covered. All other seals and
gaskets are covered only in conjunction with a covered repair". See Exhibit "A".
BREACH OF CONTRACT
GARRY G. AMSBAUGH, SR. V. THE GUARDIAN WARRANTY CORP.
16. Paragraphs 1 through 15 are incorporated herein as if set forth fully.
17. Defendant failed to perform the contracted repair services as covered in the warranty
contract as attached hereto as Exhibit "A". As a result of Defendant's actions, Plaintiff suffered damages
and the loss of value of the vehicle.
WHEREFORE, Plaintiff requests your Honorable court to award damages in an amount less than
Thirty-Five Thousand and 001100 ($35,000.00) Dollars as well as interest, costs, attorney's fees and other
damages as Your Honorable court deems just.
JOHNSON, DUFFIE, STEWART &
Vark C. Duffle
I ?
006866-00001/Tebruary 7, 2000/MCD/Mil/54452
VERIFICATION
I, Garry G. Amsbaugh, Sr., verify that the statements made in the foregoing Complaint are true and correct to
the best of my knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
7
Date:_
Garr . Am ' augh, Sr.
IF...
CERTIFICATE OF SERVICE
c
AND NOW, this day of e6. +r ?.A , 2000, the undersigned does hereby certify that
he did this date serve a copy of the foregoing Cori faint upon the other parties of record by causing same to
be transmitted via mail deposited in the United States Mail, certified postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
The Guardian Warranty Corp.
639 Main Street
P.O. Box 88
Avoca, PA 18641-0068
Philip L. Zulli, Esquire
1501 North Front Street
Harrisburg, PA 17102
JOHNSON, DUFFIE, STEWART 8
Mark C.
II I IJ IJOOJ uJ.
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PLAINTIFF'S wr
EXHIBIT
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PLAINTIFF'S
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- - - - - A PLAINTIFF'S
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*INVOICti:
SPANKEY'S AUTO SALES KUHNS-HARNISH FORD, INC
701. E. LOCUST
STREET .
6320aHmo KiCe BoxJ177•
MECHANICSBURG, PA 17055 PAGE 1 MECHANICSSURG,PA17UEa•
HOME: 766-1693 BUS: (717) 766-4733`
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M1 PERFORM CYLINDER LEAK DOWN TEST.
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NOTE:EVIDENCE OF SOME BLOW-BY AT H1 & N8 CYLS. NOT EXCESSIVE AT THIS j
TIME.OIL LEVEL IS FULL. NO OIL LEAKS.NO SIGNS OF OIL BURNING ON PLUGS: ' f
CHARGE TO: SPANKEY'S AUTO
SALES P00033645
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THE FACTORY WARRANTY CONSTITUTES ALL OF THE WARRANTIES WITH RESPECT TO THE SALE OF THIS rPARTS t?• 1019
ITEMRTEMS.,THE SELLER HEREBY EXPRESSLY. DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR BOIfA
IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR A
PURPOSE. AND THE SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF THIS ITEMRTEMS. AS, OIL
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GARRY G. AMSBAUGH, SR., . IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.: 99-7688
VS.
CIVILACTION-LAW
THE GUARDIAN WARRANTY CORPORATION:
Defendant
ANSWER WITH NEW MATTER
NOW COMES, the Guardian Warranty Corporation, by and through its attomey, Philip L. Zulli, Esquire,
and hereby sets forth its Answer with New Matter in reply to the Plaintiffs Complaint:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part; denied in part. Admitted that Plaintiff purchased a "used vehicle powertrain and
major assembly component protection plan" from the Guardian Warranty Corporation fora tens of 180
days or 6,500 miles. Denied that the Protection Plan is a "warranty" according to law but is rather an
extended service protection plan (hereinafter referred to as "contract"). Denied that a true and correct
copy of said contract is attached to Plaintiffs Complaint as Exhibit A. Said exhibit is only the one side
of the contract. A true, correct and complete copy of the contract between Plaintiff and Defendant is
attached hereto and incorporated herein as "Exhibit I.-
6. Denied. Denied that immediately following the date of purchase the pickup truck (hereinafter "truck")
exhibited various mechanical problems, primarily oil loss. By way of further answer the primary
request dealt with the emergency brake not holding. Oil loss was an after-thought by plaintiff as is
evidenced by plaintiffs Exhibit B, which contains the notation "Added Request -- Eva] oil usage." The
item
truck was returned to Spankey's Auto Sales for other reasons, and the plaintiff subsequently asked
Spankey's Auto Sales to look at the oil usage.
7. Admitted in part; denied in part. Admitted that on or about December 28, 1998, Plaintiff returned the
truck to Spankey's Auto Sales (hereinafter "Spankey's") for repairs. Admitted that a true and correct
copy of the invoice is attached as Plaintiff's Exhibit B. Admitted that Spankey's evaluated the oil usage.
Denied that there was an oil usage problem. Denied that Spankey's was unable to remedy the same,
inasmuch as it is denied that there was an oil usage problem.
8. Admitted in part; denied in part. Admitted that on or about January 28, 1999, Plaintiff returned the
truck to Spankey's for leaking evaluation. Denied that there was further oil consumption. Admitted
that Spankey's evaluated the alleged leak. Admitted that Spankey's replaced the oil pan gasket and the
rear main seal. Denied that this was done to remedy any found or diagnosed oil leaking problem.
Admitted that a true and correct copy of the invoice from said repairs is attached to Plaintiffs
Complaint as Exhibit C, with the exception that the right side of the page is cropped near the bottom
of the page. Admitted that the Defendant by authorization number 599012895414D authorized
payment of $142 for the repairs set forth in Exhibit C. By way of further answer, the radiator was
replaced which was covered by the Guardian Warranty Corporation.
9. Admitted in part; denied in part. Admitted that Plaintiff returned the truck to Spankey's on or about
February 5, 1999. Admitted that a true and correct copy of the invoice for said repairs is attached to
Plaintiffs Complaint as Exhibit D. Admitted that the plaintiffs reason for the return was for further
evaluation of the alleged oil leak problem. Admitted that Spankey's evaluated the oil leak problem and
again replaced the oil pan gasket. Denied that the oil leak problem was not remedied, inasmuch as
Defendant denies that there was any problem to remedy. Denied that there was an oil leak problem.
10. Admitted in part; denied in part. Admitted that plaintiff returned the truck to Spankey's on March 22,
1)
1999, for further evaluation of the stated oil consuntptionAeaking problem. Admitted that a true and
correct copy of the invoice for stated repairs and evaluation is attached to Plaintiffs Complaint as
Exhibit E. Admitted that Spankey's referred Plaintiffs truck to Kuhns-Hamish Ford, Inc., (hereinafter
K & H Ford) for evaluation. Denied that Spankey's referred Plaintiff to K & H for evaluation. Denied
that Spankey's was unable to remedy the problem with any of the repairs performed, inasmuch as
Defendant denies that an oil leak problem exists. By way of further answer, Defendant notes that on
Plaintiffs Exhibit E under the notation of "Evil oil consumption problem" appears the additional
notation "No Leak (See K & FI sublet)."
1 1. Admitted in part; denied in part. Admitted that on or about March 23, 1999, the truck was delivered
to K & H Ford for evaluation. Admitted that K & H Ford performed evaluations. Admitted that a true
and correct copy of the invoice for the evaluations is attached to Plaintiffs Complaint as Exhibit F.
Denied that Exhibit F is a true and correct copy of repairs, inasmuch as no repairs are stated on Exhibit !I
F. Denied that K & H Ford some evidence of "blow-by at # I and 98 cylinders." By way of further
answer, what was actually stated by K & H Ford and which plainly appears on Plaintiffs Exhibit F is f
It
"NOTE: EVIDENCE OF SOME BLOW-BY AT #1 AND #8 CYLS. NOT EXCESSIVE AT THIS
TIME. OIL LEVEL IS FULL. NO OIL LEAKS. NO SIGNS OF OIL BURNING ON PLUGS."
12. Denied. The Defendant was not a party to the conversations between Plaintiff and K & H Ford, and,
after reasonable investigation, the Defendant is without sufficient knowledge, information or belief as
to what K & li Ford informed Plaintiff, and therefore the Defendant is not able to either admit or deny l
the truthfulness of the averment; therefore, the averment is denied. Byway of further answer, a logical
T
deduction from Plaintiffs averment is (lint K & 11 Ford was willing to pay for the cost of dismantling
the engine if a problem was discovered.
13. Denied. The Defendant was not a party to the conversations between Plaintiff and K & I-I Ford, and,
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after reasonable investigation, the Defendant is without sufficient knowledge, infommtion or belief as
to what K & FI Ford informed Plaintiff, and therefore the Defendant is not able to either admit or deny
the truthfulness of the averment; therefore, the averment is denied.
14. Denied. Admitted that Plaintiff requested Spankey's to pay for the dismantling of the engine to which
Spankey's refused. Denied that at all times relevant hereto, employees of Spankey's were acting as
agents for and on behalf of the Guardian Warranty Corporation.
15. Admitted.
ANSWER TO BREACH OF CONTRACT
GARRY G. AMSRAUGH, .SR. v. THE GUARDIAN WARRANTY CORPORATION
16. Paragraphs one through 15 above are hereby incorporated by reference.
17. Denied. Denied that Defendant failed to perform the contracted repair services as covered in the
warranty contract as attached to Plaintiff's Exhibit A. Denied that repair services mentioned in Exhibit
A were diagnosed by any repair facility or even established by any of Plaintiffs exhibits. Denied that
as a result of Defendant's actions, Plaintiff suffered damages and the loss of value of the vehicle. By
way of further answer, Plaintiff did not even make a claim upon the Defendant for warranty coverage,
other than for die repair of the radiator, which Defendant covered and paid.
WHEREFORE, Defendant requests that Plaintiffs Complaint be dismissed and that Defendant be awarded
reasonable attorney fees and costs of defending against this suit.
NEW MATTER
1'T Affirmative Defense - Plaintiff has failed to establish a loss or basis for a claim
18. Paragraphs one through 17 above are hereby incorporated by reference.
19. According to the terms of the signed contract entered between Plaintiff and the Defendant found on the
bottom of the front side of the contract just above Plaintiffs signature under the heading of `Important
4
Definitions': "Mechanical Breakdown' means the inability of any covered
Component to perfomt the function for which it was designed due to
defects in material or workmanship. Mechanical Breakdown does not
include the gradual reduction in operating performance where a
failure has not occurred.
See Plaintiffs Exhibit A and Defendant's Exhibit f, page I.
20. Paragraph 2, on the reverse side of the contract between Plaintiff and Defendant, regarding coverage,
states as follows:
2. Coverage: We agree to repair or replace a Covered Component of the
Vehicle as a result of a Mechanical Breakdown arising out of the normal use
of Your Vehicle. We agree to repair, replace, or reimburse You the cost, less
Your deductible, provided that We have given prior authorization before
repairs begin.
See Defendant's Exhibit I, page 2.
21. Despite repeated evaluations by both Spankey's and K & H Ford, no one has found the oil leak about
which Plaintiff complains.
22. Plaintiff has not established that the engine in plaintiffs truck has an oil leak.
23. Plaintiff has never submitted a claim to the Guardian Warranty Corporation for repair of any of the
items that Plaintiff mentions in paragraph 15 of Plaintiff's Complaint.
24. Plaintiff has never submitted a diagnosis that any of the items (that Plaintiff mentions in paragraph 15
of Plaintiffs Complaint) are in need of repair or replacement.
25. Plaintiff has never reported a mechanical breakdown of the truck which was attributable to a covered
component.
26. Plaintiff has never reported a mechanical breakdown of the truck which was attributable to an oil leak.
27. Plaintiff has not even incurred a loss as of yet under the terns of the contract, because Plaintiff has not
had repairs made to the truck which would be covered by the contract between Plaintiff and Defendant.
28. Defendant believes and therefore avers that no oil leak or oil consumption problem exists with
Plaintiffs truck, and Plaintiffs dissatisfaction with the truck is more attributable to "buyer's remorse"
in that Plaintiff regrets having either bought the truck or having paid so much money for the truck that
lie bought from Spankey's.
WHEREFORE, Defendant requests that Plaintiffs Complaint be dismissed and that Defendant be awarded
reasonable attorney fees and costs of defending against this suit.
2"' Affirmative Defense- Cost of Dismantling Engine is not covered by the Contract
29. Paragraphs one through 28 above are hereby incorporated by reference.
30. Paragraph 5, on the reverse side of the contract between Plaintiff and Defendant, regarding Claims
Procedure, states as follows:
5. Claims Procedures: In the event of a Mechanical Breakdown, You agree
to protect he Vehicle from further damage and to do the following:
a) Renair facility: Take the Vehicle to a licensed and reputable repair facility.
If the Vehicle cannot be driven without further damage, You should have the
vehicle towed to the repair facility. If the repair is covered by this Contract,
We will reimburse You up to S60.00 for towing expense.
b) Diagmostics and Authorization: You are responsible for all expenses
associated with the diagnosis of the Vehicle's condition. Before any repairs
begin, Your mechanic must contact Us before You approve any diagnostics
and/or teardown. Then provide Us with the nature of the repair and estimated
parts and labor charges. Provided that the repair is covered by this Contract,
We will issue a Claim Authorization number. We reserve the right to inspect
Your vehicle before any repairs begin. We also reserve the right to have the
Vehicle moved to a repair center of Our choice.
See Defendant's Exhibit 1, page 2.
S
31. Under the terns of the contract between Plaintiff and Defendant as quoted above at paragraph x Aek
Plaintiff is "responsible for all expenses associated with the diagnosis of the Vehicle's condition." See
paragraph 5(b) relating to Diagnostics and Authorization.
32. Defendant is not obligated under the terms of the contract to pay for the cost of dismantling the engine
of Plaintiffs truck, because this expense is an expense associated with the diagnosis of the Vehicle's
',1'
condition.
WHEREFORE, Defendant is justified in not paying for dismantling of the engine and requests that Plaintiffs
Complaint be dismissed and that Defendant he awarded reasonable attorney fees and costs incurred in defending
against this lawsuit.
3" Affirmative Defense - Nonpayment for engine dismantling is justified by fairness & common sense
33. Paragraphs one through 32 above are hereby incorporated by reference.
34. If Plaintiffs averment at Paragraph 12 of Plaintiffs Complaint is true - that K & 11 Ford informed
Plaintiff, that Plaintiff would have to pay the cost of dismantling the engine of the truck, if in fact no
problem was discovered - such is only consistent with fairness and common sense.
35. It is consistent with fairness and common sense for K & N Ford, Spankey's and Defendant not to pay
for the cost of dismantling the engine of the truck, should it prove that no problem is discovered,
because everyone has already told the Plaintiff that there is no oil leak, and Plaintiff should in fairness
be responsible to pay for the expensive task of dismantling the engine, if in fact what everyone has
already told him is proved to be true, that there is no problem with the engine leaking oil, and it turns
out that tearing the engine apart has proved to be a waste of time, labor and money, that otherwise
would not have occurred, but for Plaintiffs stubborn refusal to accept that there is no oil leak.
36. K & H Ford and Spankey's were willing to pay for, or share the cost of, dismantling the engine, if a
problem were in fact discovered.
WHEREFORE. Defendant is justified in not paying for dismantling of the engine and requests that Plaintiffs
Complaint be dismissed and that Defendant be awarded reasonable attorney fees and costs incurred in defending
against this lawsuit.
4r' Affirmative Defense - Plaintiff failed to submit a claim or obtain authorization for repairs
37. Paragraphs one through 36 above are hereby incorporated by reference.
7
Y ?.
38. Paragraph 4, on the reverse side of the contract between Plaintiff and Defendant, regarding what is not
covered, states, in relevant part, as follows:
4. What is not covered- The following are not covered by this contract:
a) Repairs without our prior authorization and issuance of a Claim
Authorization Number and defects evident at time of sale meaning pre-
existing.
See Defendant's Exhibit 1, page 2.
39. Plaintiff has not obtained prior authorization or a claim number for any requested repairs since the
1/28/99-claim for the radiator, which defendant paid.
40. Plaintiff has failed to make a claim or obtain authorization in accordance with the terms of contract.
WHEREFORE, Defendant is not liable under the terms of the contract to the Plaintiff, is justified in not
providing coverage or any payment to the Plaintiff, and Defendant demands that Plaintiffs Complaint be
dismissed and that Defendant be awarded reasonable attorney fees and costs incurred in defending against this
lawsuit..
5ro Affirmative Defense - Oil Leak and Excessive Oil Consum (ion are not covered b the Contract
41. Paragraphs one through 40 above are hereby incorporated by reference.
42. Paragraph 4, on the reverse side of the contract between Plaintiff and Defendant, regarding what is not
covered, states, in relevant part, as follows:
4. What is not covered: The following are not covered by this contract:
+ + +
C) Oil, greases, lubricants, fluids, coolants, refrigerants, and sales tax, fluid
leaks.
+ s s
i) Excessive oil consumption, loss of compression, or gradual reduction in
performance not associated with the failure of a Covered Component.
+ + +
See Defendant's Exhibit 1, page 2.
43. If Plaintiffs truck engine is leaking oil, such is not covered by the contract because fluid leaks are not
covered by the contract between the Plaintiff and the Defendant pursuant to paragraph 4(c) of the
contract. See Defendant's Exhibit 1, page 2.
44. If Plaintiff's truck engine is excessively consuming oil, such is not covered by the contract because
excessive oil consumption is not covered by the contract between tite Plaintiff and the Defendant
pursuant to paragraph 4(i) of the contract. See Defendant's Exhibit I, page 2.
WHEREFORE, Defendant is not liable under the terms of the contract to the Plaintiff, is justified in not
providing coverage or any payment to tite Plaintiff, and Defendant demands that Plaintiffs Complaint be
dismissed and that Defendant be awarded reasonable attorney fees and costs incurred in defending against this
lawsuit.
6T11 Affirmative Defense-No Covered Component Has Suffered a Mechanical Breakdown
45. Paragraphs one through 44 above are hereby incorporated by reference.
46. Paragraph 4, on the reverse side of the contract between Plaintiff and Defendant, regarding what is not
covered, states, in relevant part, as follows:
4. What is not covered: The following are not covered by this contract:
s • w
k) Any Covered Component which has not suffered a Mechanical Breakdown
but which a repair facility recommends be repaired or replaces (e.g. Preventive
maintenance).
See Defendant's Exhibit I, page 2.
47. Neither Plaintiff's truck, engine or any part mentioned in Paragraph 15 of Plaintiffs Complaint has
experienced a mechanical breakdown; said truck has been and continues to be fully operational.
WHEREFORE, Defendant is not liable under the terms of the contract to the Plaintiff, is justified in not
providing coverage or any payment to the Plaintiff, and Defendant demands that Plaintiffs Complaint be
9
V....
dismissed and that Defendant be awarded reasonable attorney fees and costs incurred in defending against this
lawsuit.
7"' Affirmative Defense- Laches / Untimely Claim
48. Paragraphs one through 47 above are hereby incorporated by reference.
49. Plaintiff entered the contract with the Defendant on December 14, 1998.
50. Plaintiffs truck had 68,002 miles on it as of December 14, 1998.
51. On the front side of the contract between Plaintiff and Defendant in the rectangle entitled "Contract
Choice" the block for 180 days or 6,500 miles is checked.
52. The contract between Plaintiff and Defendant was for a period of 180 days or 6,500 miles, whichever
occurred first.
53. The contract between Plaintiff and Defendant expired no later than June 14, 1999.
54. As of March 23, 1999, Plaintiffs truck had 73,764 miles on it.
55. The first time Plaintiff made claim on the Defendant herein for warranty coverage on anything, other
than the previous radiator repair of January 28, 1999 (which Defendant paid), or gave notice to
Defendant ofa claim, was when Plaintiff filed civil suit against the Defendant before The Hon. District
Justice Thomas A. Placey on October 5, 1999.
56. Plaintiffs claim was and is untimely and outside the period of coverage- said coverage being from
December 14, 1998 until no later than June 14, 1999.
57. Defendant is prejudiced by Plaintiffs delay in asserting this claim.
WHEREFORE, Plaintiffs claim is untimely and the Defendant is not liable under the terns of the contract
to the Plaintiff, is justified in not providing coverage or any payment to the Plaintiff, and Defendant demands
that Plaintiffs Complaint be dismissed and that Defendant be awarded reasonable attorney fees and costs
incurred in defending against this lawsuit.
10
8"' Affirmative Defense-Limitation on Damaees
t
58. Paragraphs one through 57 above are hereby incorporated by reference.
59. Paragraph 3, on the reverse side of the contract between Plaintiff and Defendant, regarding Limits on
Liability, states as follows:
3. Limits on Liability: Our obligations under this Contract shall cease when
the cumulative benefits paid or payable under this Contract exceed the average
value of Your Vehicle at the time of loss as determined by the then-current
N.A.D.A. retail price. We shall not be responsible for lost wages, lost time,
lost use, or any other consequential or incidental damages. Some states do not
allow the exclusion or limitation of consequential or incidental damages so
these exclusions may not apply to you. Slate law varies.
See Defendant's Exhibit I, page 2.
60. The Defendant is not liable to the Plaintiff.
61. If the Defendant is found liable, said liability is limited to the actual cost of the repairs to Plaintiffs
vehicle.
62. Defendant is not liable under the Contract to Plaintiff for lost wages, lost time, lost use, or any other
consequential or incidental damages.
63. The total amount of Defendant's liability (excluding costs of suit) may not under any circumstance
exceed the N.A.D.A. value of the truck.
WHEREFORE, Defendant is not liable under the terns of the contract to the Plaintiff, is justified in not
providing coverage or any payment to the Plaintiff, and Defendant demands that Plaintiffs Complaint be
dismissed and that Defendant be awarded reasonable attorney fees and costs incurred in defending against this
lawsuit.
COUNTERCLAIM
64. Paragraphs one through 63 above are hereby incorporated by reference.
65. Plaintiff has no meritorious claim for breach of contract by the Defendant, The Guardian Warranty
Cx?
Corporation.
66. Plaintiffs claim of breach of contract by the Defendant, The Guardian Warranty Corporation, is
frivolous, vexatious and without merit.
WHEREFORE, Defendant demands that Plaintiffs Complaint be dismissed and that Defendant be awarded
attorney fees and costs pursuant to the Judicial Code for having to defend against this frivolous and vexatious
lawsuit.
Respectfully submitted:
Philip L. ' ulli, Es ire
Attorney ID No.: 47499
1501 North Front Street
Harrisburg, Pennsylvania 17102
(717) 238-9004
12
- The Guardian Warrantycorp. The Guardian Warranty Corp.
In.... d I,y - 639 Main Street -P.O. Box 68 -Avoca, Pennsylvania 18641-0068
MEMOOR• Administration: Local (717)824.8817•ToIt Free: 1.800.474.4492•Fax: (717)824.7883
Claims: Local (717)824-7777-(717) 388.3000 • Toll Free: 1.800482.7357
Application For Used Vehicle Powertrain and Major Assembly Component Contract
'Please PressilardandPdniclet ARRY G AMSBAUGH 92
Iwner's Name Vehicle Year k N(L)
ddress 3450 GRANDVIEW AVE. Vehicle Make
USE
Accpt. Date
tidy
DECLARATION PAGE
YORK HAVEN Vehicle Model
UUL
)ty
tate / Zip PA. 17370
ust. Phone (717)266-5883
ealer's Name _
eater's Phone
J.N. an Holder
290 days or 3,500 miles'
180 days or 6,500 miles'
a 12 months or 12,500 miles"
Q 24 months or 24,500 miles"*
O 36months or36,500miles••-
d Contract Renewal
O Contract Transfer
0 optional $ SO Deductible
• Vehicle must have less than 135,000 miles
•• Vehicle must have less than 115,000 miles
Vehicle must nave Im than 100,000 miles
•••• Vehicle must have less thin 60,000 miles
QV4au AL RICK TECK FACKNE
(Available only on vehicles with less than 80,000 miles)
included with 11.24 - 36 Month contracts
Inhiallor
high lich • Power Mirrors: motors, switches.
• Power Windows: molom, regulators. switches.
Pachge5e/ecion • Power Door Locks: actuators, switches.
[Ell [Ell
03.
Power Sears: motors. nly.
• Power Antenna: e: motor only.
• Power Sunroof - Convertible lop (molors only).
ACCEPT DECLINE Ignition Modules.
Elec
lr
;
•
um
i
.
FualPump
•
Mileage ?• MU
VIN. N --zFic,ci: j:.t--
t
Vehicle Price
Engine Size S8in
Additional Equipment Includes: 4WD U Awn UTurho
"GUARDIAN GUT Extended Service Contract
24 months or 24,000 miles (under 60,000 miles)
36 months or 36,000 miles (under 60,000 miles)
48 months or 48,000 miles (under 48,000 miles)
60 months or 60,000 miles (under 36,000 miles)
y / Original In-Service Date
These coverages begin at the endo/the Manufacturers Iverni tycoverage.
hureage gnvtadonsandclassifications, listed in the Dealerouidetine apply to allconrraca.
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C
C
(Available only on vehicles with less than a0,000 miles) V
optional on All Contracts
InN?ell for • Electronic control Processor.
PacaegeadBtI10.1 • Pressure modulator valve.
• Isolation dump valve
• Accumulator.
Fri] I? . Wheel speed snn_nrs.
• Hydreullc pump I Motor assembly.
ACCEPT DECLINE
"COVERED COMPONENT" means the following components:
clutch,
iTEERING: Power steering pump, rack & pinion, steering gearbox. COOLING: Radiator, waterpump, thermostat, electric radiator fan motor, fan &
Tolant recovery retainer. The following are expressly excluded from coolant system: heater core, blower motors, electronic switches. TRANSMISSION.
ase, torque converter & housing, all internally lubricated parts with the exclusion of the following: Clutch, pressure plate & throwout bearing,.Iinkage, cables,
litter, electronic switches, solenoids & clutch slave cylinders. ENGINE: Timing chain & gears, timing belts, camshaft, valve train, cylinder head, all infernally
bricafed pads, intake & exhaust manifold & engine block. AIR CONDITIONER: (Original OEM equipment only) Compressor, clutch, condenser, evaporator
dryerlaccumulator. The following are expressly excluded: Any component failure due to refrigerant contamination of specified manufactured refrigeration oil,
charges, evacuation of system and conversion of system from Freon to ether chemicals. TURBOISUPERCHARGER: (Original OEM equipment only)
lrbo/Supercharger assembly and internal parts. Surcharge applies. ELECTRICAL: Starter motor & drive assembly, alternator, voltage regulator, rear window
ifroster switch, electrical from & windshield wiper motor. SUSPENSION: Upper & lower control arm shafts, balljoints. (coverage applies only if ball joints fail
ter the vehicle has driven at least 800 miles). Leaf and coil springs, (only if broken) & spindles. SEALS & GASKETS: Cylinder head gasket and intake
anifold gaskets are covered. All other seals and gaskets are covered only in conjunction with a covered repair. BRAKES:All components of the hydraulic system
:cepl:lining, rotors, pads, drums, & hardware. ABS related components covered when optional ABS PACKAGE is purchased. Any component failures due to fluid
,ntamination are expressly excluded. DRIVE AXLE: Drive axle housing and internal parts, universal joints, ring & pinion gears, axles, drive shafts, CV joints,
ovided boots are not tom or damaged. (boots excluded). FOUR WHEEL DRIVE: transfer case and internal parts. (Hubs & wheel bearings are expressly excluded.)
Important Definitions
u should understand the following terms, which are Boldfaced and in color throughout this Contract. "You", "Your", "Contract Holder" means the person
)lying forthe Purchase of this Contract. "We", "Us", "Our" or "GWC" means the Guardian Warranty Corporation. "Mechanical Breakdown" means the inability
Iny Covered Component to perform the function for which it was designed due to defects in material or workmanship. Mechanical Breakdown does not include
gradual reduction in operating performance where a failure has not occurred. YOU UNDERSTAND THE PURCHASE OF THIS COVERgt2 1&T$l30UIRED
OBTAIN FINANCING FOR THIS VEHICLE. You acknowledge that You have read, understand, and accept the terms and conditions of this Contract. Youlurther
notlledge that IN ontract' le r n ou and C, with GWC being the administrator of this Contract. THIS IS NOT AN INSURANCE POLICYY
chaser r_ Today's Date:
NO E: AFTE ! N/NG, ASK YO DEALER FOR A COPY OF THIS CONTRACT.
WHITE IMaiIwrh PAvmanrl vc1 I^.'x ?'_) B?? A I pr??r OAS
The Guardian Warranty Corp.
USED VEHICLE POWERTRAIN AND MAJOR ASSEMBLY COMPONENT PROTECTION PLAN
Contract: means this vehicle service Contract. It is a Contract between You find Us.
Vehicle: means the vehicle described in the Declaration Page of this Contract.
Term: This Contract shall be in meet as of the date accepted by Us and shall remain in force until the capirat ion ofci0Icr [tic time or mileage
limitations identified on the Declaration Page. whichever occurs first. We resene the right to acceptor refire any Contract. All claim.; made
after expiration ofthis Contract sltnll be rejected without regard to the date of the Mechanical Brenkdoivo. -
Coverage: We agree to repair or rephtce.a Covered Component of the Vehicle as a result ofa Mechanical Breakdown arisinc out of the
normal oscof )'our Vehicle. We ngree to repair, replace, orreimburse You the cost, Icss Your deductible. pros idcd that Weh:wc eisen prior
authorization before repairs begin.
a) Parts: Replacement of Covered Components or parts may be made with pans of like kind, or quality and ntay be nesv, rebuilt.
exchanged, or serviceable used cnmponents as are customarily used in the automotive industry. - • ' -
b) Labor: Labor charges shall be ba. ed on the then•curtent Chilton's Labor Guide and rams shall be wiihrn -accepted'indusiry standards.
c) Your Deductible: Yon shall lire responsible for a$100.00 deductible for each unrelated Mechanical Breakdown, oroption:d$50.00• i1'.selecred.
Liniits an Liability: Our obligations under this Contract shall cease when the cumulative benefits paid or payable under this Contract exceed the
average value of Your Vehicle at the time of loss as determined by file then-current N.A. D.A. retail price. We shall not be responsible for lost
wages. lost time, lost use, orally other consequential or incidental damages. Some states do not allow the"Olusion or hinitstion ofcnnsegtnanriat
or incidental damages so these exclusions may not apply to You. Smtc laK' varies. '- "
What is not covered: The following are not covered by this Contract: - - -
a) Repairs without Our priorruthorirition and issuance ofa Claim Authorization Number and defeetsevideni at-time ofs:de meaning prc•existing.
b) Repairs to Covered Components caused by the failure of a non•Covered Component.
c) Oil, greases, hnbricants, Fluid;, coolants, refrigerants, and sales tax. fluid leaks.
d)Commercial vehicles, included but not limited to, private contractor, taxi, emergency use, tow•ingafconcession stands, and exhibilortrtilersr
e) Altered or customized vehicles beyond factory specification, included but not limited to, oversized tires, suspension or 1'rante kits.
0 Damage resulting from improper previous repairs.
g) Repairs required because of collision, modification, abuse, overhea(ing, ur operation without proper lubricants or coolants.
It) Repairs arising out ofnegligence or the continued operation o(unimpaired Vehicle.
i) Excessive oil consumption, Toss of compression, or gradual reduction in perfornumce nut associated with the thilure of a Covered Component.
j) Acts of God.
k) Any Covered Component which has not suffered a'Mechanical Breakdown but which a repair facility reconunends be repaired or replaces
(e.g. Preventive maintenance).
1) Any loss when the Vehicle's odometer has been tampered with, altered, allowed to remain nonfunctional, disconnected or broken,
Claims Procedures: In the event ofa Mechanical Breakdown, You agree to protect the Vchicle from further damage and to do the following:
a) Repair facility: Take the Vehicle to a licensed and reputable repair facility. If the Vehicle cannot be driven without further damage, )'ou should
have the Vehicle tossed to the repair facility. If the repair is covered by this Contract, We will reimburse You up to $60.00 1'or lowing expense.
b) Diagnostics and Authorization: You are responsible for all expenses associated with the dingnosisof the Vehicle's condition. Before ally
repairs begin. )'our mechanic must contact Us before You approve any dinennstics and i or teardown. Then provide Us with the nature of -
the repair and estimated parts and labor charges. provided that the repair is covered h'v this Contract, We will issue a Claim Authorization Number.
)ve resent the ri_eht to inspect Your Vehicle before any repairs begin. We also resene the right to have the Vehicle moved to a repair center of Our
choice.
c) Documentation: Uur Chd;u Authorization Number must appear on all invoices and supporting documents submitted to Us for payment.
In addition, You must supply the following information on all work orders:
1) Repair facility, name, address and phone with area code.
11) Your name. address and phone with area code.
111) Vehicle description, year, make, model, VIN p, current mileage.
IV) Mechanic's name.
V) Estimate or repair order of Mechnnical Breakdown. -
Repairs: We are not responsible for faulty parts or labor provided by others during the course of a covered repair.
Your Oblivttlon: In addition to the other provisions of this Contract. You must:
a) Make sure that all gauges, odometer. and waming sensors and lights are wo;king properly at all times.
Ill In order to receive coverage on this Contract. You must at Your expense maintain the Vchicle according to manufacturer specifications
(including scheduled oil changes, transmission fluid change,, differential fluid charges, fluid Ievcl checks, and the lubrication of steering
components and suspension). We reserve the right to demand proof of routine maintenance.
c) Keep the odometer of Your Vehicle properly working at all times.
d) Always monitor Your gauges and warning lights and in case of a problem find the first sate place and pull over.
Rentals: In the event that the Medmnical Breakdown of a Covered Component requires labor in excess of 16 hours. N'a will provide rental
reimbursement of no more than $25.00 per day, for a total of no more than four days. Delays caused by unavailability of parts, shipping, shop
schedules. or other factors do not quatif; 1'or rental reimbursement.
Transfer: This Contract is irans:erable one time and for the duration of its original tern ton subsequent purchaser of the Vehicle upon GO'C's
receipt of a notice advising of the transfer. a transfer Ice of 5100.00. and a completed inspection firm. This Contract cannot be transfentd to
anmher vehicle. In the event ofa transfer for which We have not received proper notice. this Contract shall be null and void as of the date of the
tr nsicr.
Cancellation: In the event that the )'chicle is declared a "total loss" by the Insurance Company insuring the Vchicle, or if the Vehicle is validly
repossessed by the Contract Holder's Lender, 7"hen We shall refund a portion of the Contract Fee to )'all or the lienholder. We shall calculate the
rciurn b) prorating the Contract fee paid by You based on the remaining time or mileage on the Contract and deducting any claims paid by Us as
well also S25.00 senice charge.
Sneekd State Requirements: Requirements and disclosures may apply if purchased in one of the states listed on the attachment page of this
Contract. Attachment page is only included on contracts where applicable.
i=XgIBIT i aJe Ewa
.yy,L:whYJ ..
VERIFICATION
I verify that the statements made in file foregoing Answer with New Matter are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein made are subject to the
penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities.
Date: February 18, 2000 AC.? - - ncoar?
Sal De Francesco, Vice-President
The Guardian Warranty Corporation
GARRY G. AMSBAUGH, SR., : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.: 99-7688
VS.
CIVIL ACTION - LAW
THE GUARDIAN WARRANTY CORPORATION:
Defendant
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Answer with New Matter has been served this 19" day
of February 2000 pursuant to Pa.R.C.P. No. 440(d) upon the following person by facsimile
transmission:
Telecopier (717) 761-3015
Mark C. Duffle, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, Pennsylvania 17043-0109
Attorney for Plaintiff'
Ph 4 L. Z Esquire
Attorney ID No.: 47499
1501 North Front Street
Harrisburg, Pennsylvania 17102
(717)238-9004
F..1
DIM /:, ?>h yrt:re
/60/ ?ror//- ?rIIRG aJ/reel.
?iai rlel urn, Jj6?ei+n1,15/orut:n 17102
Tekphdne (717)288-9004
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011695.00001 /3.20.00/MCD/DCP1132319
GARRY G. AMSBAUGH, SR.,
Plaintiff
V.
THE GUARDIAN WARRANTY CORP.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7688
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE COMPLAINT AND COUNTERCLAIM
TO THE PROTHONOTARY:
Please mark the above-captioned matter as settled, discontinued, and dismissed with prejudice.
DATED: 3/. ?z 2000
DATED: 7 2000
By: f
Phrip. Z i, squire
Alt y for efendant
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