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HomeMy WebLinkAbout09-8707IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN BECRAFT, CIVIL DIVISION Plaintiff, VS. NO.: 09 - 870? 0'ivi1 Term FORD MOTOR COMPANY, Defendant. COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiff: Benjamin Becraft COUNSEL OF RECORD FOR THIS PARTY: Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 210 Grant Street, Suite 202 Pittsburgh PA 15219 (412) 566-1001 WRIT WAIVED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENJAMIN BECRAFT, Plaintiff, VS. FORD MOTOR COMPANY, Defendant. No.. 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 your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENJAMIN BECRAFT, Plaintiff, VS. FORD MOTOR COMPANY, Defendant. No.. COMPLAINT 1. Plaintiff, Benjamin Becraft, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, 41 Salt Road, Enola, PA 17025. 2. Defendant, Ford Motor Company, is a corporation qualified to do and regularly conduct business in the Commonwealth of Pennsylvania, with its address and principal place of business located at 300 Renaissance Center, P.O. Box 43301, Detroit, MI 48243, and can be served at Office of the Secretary, One American Road, 10th Floor, Dearborn, MI 48126. BACKGROUND 3. On or about March 19, 2009, Plaintiff purchased a new 2008 Ford Mustang, manufactured and warranted by Defendant, bearing the Vehicle Identification Number IZVHT82H585142187. 4. The vehicle was purchased in the Commonwealth of Pennsylvania and is registered in the Commonwealth of Pennsylvania. 1 5. The contract price of the vehicle, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified, yet defined by the Lemon Law, totaled more than $36,021.56. A true and correct copy of the contract is attached hereto, made a part hereof, and marked Exhibit "A". 6. In consideration for the purchase of said vehicle, Defendant issued to Plaintiff several warranties, guarantees, affirmations or undertakings with respect to the material or workmanship of the vehicle and/or remedial action in the event the vehicle fails to meet the promised specifications. 7. The above-referenced warranties, guarantees, affirmations or undertakings are/were part of the basis of the bargain between Defendant and Plaintiff. 8. The parties' bargain includes an express 3-year / 36,000 mile warranty, as well as other guarantees, affirmations and undertakings as stated in Defendant's warranty materials and owner's manual. 9. However, as a result of the ineffective repair attempts made by Defendant through its authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and is worthless to Plaintiff. During the first 12 months and/or 12,000 miles, Plaintiff complained on at least three (3) occasions about defects and or non-conformities to the following vehicle components: Transmission Grinds Between 2nd and 3rd Gear and Delay in Shifting into Reverse. True and correct copies of all invoices in Plaintiff possession are attached hereto, made a part hereof, and marked Exhibit "B". 2 COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW 11. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 12. Plaintiff is a "Purchaser" as defined by 73 P.S. §1952. 13. Defendant is a "Manufacturer" as defined by 73 P.S. § 1952. 14. McCafferty Ford is and/or was at the time of sale a Motor Vehicle Dealer in the business of buying, selling, and/or exchanging vehicles as defined by 73 P.S. §1952. 15. On or about March 19, 2009, Plaintiff took possession of the above mentioned vehicle and experienced nonconformities as defined by 73 P.S §1951 et sue., which substantially impair the use, value and/or safety of the vehicle. 16. The nonconformities described violate the express written warranties issued to Plaintiff by Defendant. 17. Section 1955 of the Pennsylvania Automobile Lemon Law provides: If a manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle... or accept return of the vehicle from the purchaser, and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchasers use of the vehicle, not exceeding $.10 per mile driven or 10% of the purchase price of the vehicle, whichever is less. 18. Section 1956 of the Pennsylvania Automobile Lemon Law provides a presumption of a reasonable number of repair attempts if: (1) The same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or (2) The vehicle is out-of-service by reason of any nonconformity for a cumulative total of thirty or more calendar days. 3 19. Plaintiff has satisfied the above definition as the vehicle has been subject to repair more than three (3) times for the same nonconformity, and the nonconformity remained uncorrected. 20. In addition, the above vehicle has or will be out-of-service by reason of the nonconformities complained of for a cumulative total of thirty (30) or more calendar days. 21. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the Defendant on numerous occasions as outlined below. 22. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 23. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide or maintain itemized statements as required by 73 P.S. § 1957. 24. Plaintiff avers that such itemized statements, which were not provided as required by 73 P.S. § 1957 also include technicians' notes of diagnostic procedures and repairs, and Defendant's Technical Service Bulletins relating to this vehicle. 25. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide the notification required by 73 P.S. § 1957. 26. Plaintiff has and will continue to suffer damages due to Defendant's failure to comply with the provisions of 73 P.S. §§ 1954 (repair obligations), 1955 (manufacturer's duty for refund or replacement), and 1957 (itemized statements required). 4 27. Pursuant to 73 P.S. § 1958, Plaintiff seeks relief for losses due to the vehicle's nonconformities, including the award of reasonable attorneys' fees and all court costs. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, attorneys' fees, and court costs. COUNT II MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT 28. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 29. Plaintiff has or may have resorted to Defendant's informal dispute settlement procedure, to the extent said procedure complies with 16 CFR 703. 30. Plaintiff avers that the Federal Trade Commission (FTC) has determined that no automobile manufacturer complies with 16 CFR 703. See, Fed. Reg. 15636, Vol. 62, No. 63 (Apr. 2, 1997). 31. Plaintiff is a "Consumer" as defined by 15 U.S.C. §2301(3). 32. Defendant is a "supplier", "warrantor", and a "service contractor" as defined by 15 U.S.C. § 2301 (4),(5) and (8). 33. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 34. By the terms of its written warranties, affirmations, promises, or service contracts, Defendant agreed to perform effective repairs at no charge for parts and/or labor. 5 35. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound by all warranties implied by state law. Said warranties are imposed on all transactions in the state in which the vehicle was delivered. 36. Defendant has made attempts on several occasions to comply with the terms of its express warranties; however., such repair attempts have been ineffective. 37. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) provides: If a consumer finally prevails on an action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the amount of aggregate amount of costs and expenses (including attorney fees based upon actual time expended), determined by the court to have been reasonably incurred by the Plaintiff for, or in connection with the commencement and prosecution of such action, unless the court, in its discretion shall determine that such an award of attorney's fees would be inappropriate. 38. Plaintiff has afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 39. As a direct and proximate result of Defendant's failure to comply with the express written warranties, Plaintiff has suffered damages and, in accordance with 15 U.S.C. §2310(d)(1), Plaintiff is entitled to bring suit for such damages and other legal and equitable relief. 40. Defendant's failure is a breach of Defendant's contractual and statutory obligations constituting a violation of the Magnuson-Moss Warranty Improvement Act, including but not limited to: breach of express warranties; breach of implied warranty of merchantability; breach of implied warranty of fitness for a particular purpose; breach of contract; and constitutes an Unfair Trade Practice. 6 41. Plaintiff avers that Defendant's warranty was not provided to Plaintiff until after the vehicle was delivered, making any and all limitations, disclaimers and/or alternative dispute provisions ineffective for a failure of consideration. 42. Plaintiff avers Defendant's Dispute Resolution Program was not in compliance with 16 CFR 703 for the model year of the subject vehicle. 43. Plaintiff avers that Defendant's warranty did not require Plaintiff to first resort to a Dispute Resolution Program before filing suit. 44. Plaintiff avers that upon successfully prevailing upon the Magnuson-Moss claim herein, all attorney fees are recoverable and are demanded against Defendant. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, incidental and consequential damages, reasonable attorneys' fees, and all court costs. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 45. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 46. Plaintiff is a "Person" as defined by 73 P.S. §201-2(2). 47. Defendant is a "Person" as defined by 73 P.S. §201-2(2). 48. Section 201-9.2(a) of the Act authorizes a private cause of action for any person "who purchases or leases goods or services primarily for personal, family or household purposes." 7 49. Section 1961 of the Pennsylvania Automobile Lemon Law, provides that a violation of its provisions shall automatically constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P. S. 201-1 et seg. 50. In addition, the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. §201-2(4), defines "unfair or deceptive acts or practices" to include the following conduct: (vii). Representing that goods or services are of a particular standard, quality or grade, or that 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; (xv). Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed; (xvi). Making repairs, improvements or replacements on tangible, real or personal property of a nature or quality inferior to or below the standard of that agreed to in writing; (xvii). Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 51. Plaintiff avers Defendant has violated these, as well as other provisions, of 73 P.S. §201-2 et seq. 52. Section 201-3.1 of the Act provides that the Automotive Industry Trade Practice rules and regulations adopted by the Attorney General for the enforcement of this Act shall constitute additional violations of the Act. 53. Defendant's conduct surrounding the sale and servicing of the subject vehicle falls within the aforementioned definitions of "unfair or deceptive acts or practices." 54. The Act also authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations. 8 WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount not in excess of , together with all collateral charges, attorneys' fees, all court costs and treble damages. By: KIMMEL & SILVERMAN, P.C. Robert A. Rapkin, Esquir Attorney for Plaintiff 210 Grant Street, Suit 2( Pittsburgh PA 15219 (412) 566-1001 VERIFICATION Robert A. Rapkin, states that they are the attorney for the Plaintiffs herein; that they are acquainted with the facts set forth in the foregoing Complaint; that same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. ROBERT A. RA Attorney for fflai EXHIBIT A Member Copy Y flu 11 . ADVANCE PROCEEDS VOUCHER AND SECURITY AGREEMENT on 013 r t Lo 800.237.7328 MEMBER NAME DATE MEMBER ACCOUNT NUMBER NOTE NUMBER BENJAMIN J BECRAFT 3/19/2009 8148XXXXXX/Lll 0007886280 41 SALT ROAD PURPOSE: ENOLA, PA 17025-2018 AutoCheck Dealer TRANSACTION TYPE ? OPEN-END 0 ? HOME OTHER [:] 1. NEW LOAN 2 LOAN ADVANCE . (DESCRIBE) 4. EQUITY ADVANCE DISBUR SEMENT BREAKDOWN AND REPAYMENT SCHEDULE YOU HAVE PREVIOUSLY ELECTED TO HAVE THIS ADVANCE CREDIT DISABILITY SINGLE CREDIT LIFE?j 29 JOINT CREDIT LIFE?? n INSURED WITH THE FOLLOWING COVERAGE YES El NO YES El NO L` 1 YES El NO [ DAILY PERIODIC RATE ANNUAL PER- INTEREST RATE IS AMOUNT REQUESTED PREVIOUS BALANCE AMOUNT ADVANCED NEW BALANCE (CHANGE IN TERMS ONLY) CENTAGE RATE + OTHER CHARGES FIXED VARIABLE.? .0205205 7.490/, ® El 36,021.56 36,021.56 0.00 36,021.56 PAYMENT DUE DATE PAYMENT FREQUENCY PROJECTED LOAN TERM 552.40 4/1 8/2009 Monthly SECURITY OFFERED IF THIS IS A HOME EQUITY ADVANCE, THE ONLYSECURITY FOR THIS ADVANCE IS THE REAL PROPERTY (IN MOST CASES YOUR HOME) WHICH YOU GAVE AS SECURITY WHEN YOUR ACCOUNT WAS ESTABLISHED. IF THIS IS NOT A HOME EQUITY ADVANCE, IN ADDITION TO THE PLEDGE OF SHARES IN YOUR LOANLINER• CREDIT AGREEMENT, THE FOLLOWING PROPERTY SECURES THIS ADVANCE. rrEM PROPERTY MODEL YEAR I.D. NUMBER TYPE VALUE 1 FORD 1 4USTANG 2008 1ZVHT82H585142187 SDN 29,985.00 2. 3. 4. OTHER YOU PLEDGE SHARES AND/OR DEPOSITS OF $ IN ACCOUNT NUMBER OLD ACCOUNT/LOAN NUMBER (A) PAYOFF (PRINC. + INT) OLD ACCOUNT/LOAN NUMBER (B) PAYOFF (PRINC. + INT) OLD ACCOUNT/LOAN NUMBER (C) PAYOFF (PRINC. + INT) OLD ACCOUNT/LOAN NUMBER (D) PAYOFF (PRINC. + INT) OLD ACCOUNT/LOAN NUMBER (E) PAYOFF (PRINC. + INT) OLD ACCOUNT/LOAN NUMBER (F) PAYOFF (PRINC. + INT) By accepting the proceeds or by using the funds advanced and deposited into your share/share draft account, you agree (1) that the property referenced above will secure the advance and any other advances you have now or receive in the future under the LOANLINER® Credit and Security Agreement (the Plan) and any other amounts you owe us for any reason now or in the future in accordance with the terms of the Plan and (2) to make payments as disclosed above in accordance with the terms of the Plan. ® Pennsylvania State Employees Credit Uni P. O. Box 67013 Harrisburg, PA 17106-7 717.234.8484 0 CUNA MUTUAL GROUP, 1980, 82, 84, 86, 89, 98, 99, 2000, 01, 04. 06, ALL RIGHTS RESERVED PENNSYLVANIA STATE EMPLOYEES CREDIT UNION FORM #3175 JVXX0100-1 037-2092-1 (8/06) In this agreement all references to Credit Union, we, our, or us means Pennsylvania State Employees Credit Union and anyone to whom the Credit Union assigns the Credit Agreement which will be referred to as the Plan. All references to you, your, and borrower mean each person who signs this agreement. All references to the advance mean the amount in the box labeled Amount Advanced. This is a multi-state document which may be used to lend to borrowers in all states except Louisiana and Wisconsin. 1. THE SECURITY FOR THE LOAN - By signing this security agreement in the signature area or under the statement referring to this agreement which is on the back of the check you receive for the advance, you give us what is known as a security interest in the property described in the Security Offered section on the reverse side. The security interest you give includes all accessions. Accessions are things which are attached to or installed in the property now or in the future. The security interest also includes any replacements for the property which you buy within 10 days of the advance or any extensions, renewals or refinancings of the advance. It also includes any money you receive from selling the property or from insurance you have on the property. If the value of the property declines, you promise to give us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS - The security interest secures the advance and any extensions, renewals or refinancings of the advance. It also secures any other advances you have now or receive in the future under the Plan and any other amounts or loans, including any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. If the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property will secure only the advance and not other amounts you owe. 3. OWNERSHIP OF THE PROPERTY - You promise that you own the property or if this advance is to buy the property, you promise you will use the advance for that purpose. You promise that no one else has any interest in or claim against the property that you have not already told us about. You promise not to sell or lease the property or to use it as security for a loan with another creditor until the advance is repaid. You promise you will allow no other security interest or lien to attach to the property either by your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST - If your state issues a title for the property, you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from the claims of others. If asked to do so, you promise to sign a financing statement. You also promise to do whatever else we think is necessary to protect our security interest in the property. You promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the property, to the extent permitted by applicable law. 5. USE OF PROPERTY- Until the advance has been paid off, you promise you will: (1) Use the property carefully and keep it in good repair. (2) Obtain our written permission before making major changes to the property or changing the address where the property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the property. (5) Promptly notify us if the property is damaged, stolen or abused. (6) Not use the property for any unlawful purpose. 6. CONSUMERS' CLAIMS AND DEFENSES NOTICE - The following paragraph applies only when the box on reverse side is checked. 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 WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 7. PROPERTY INSURANCE, TAXES AND FEES - You must maintain property insurance on all property that you give as security under the Plan. You may purchase the property insurance from anyone you choose who is acceptable to the Credit Union. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your insurance and get a refund, we have a right to the refund. If the property is lost or damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. You also promise to pay all taxes and fees (like registration fees) due on the property. If you do not pay the taxes or fees on the property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the advance and you will pay interest on those amounts at the same rate you agreed to pay on the advance. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to the advance may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of the advance, we may increase your payments to pay the amount added within the term of the insurance or approximate term of the advance. 8. NOTICE - If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the property. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. 9. DEFAULT - You will be in default if you break any promise you make under this agreement. You will also be in default if you are in default under the Plan. If you are pledging property, but have not signed the Plan, you will be in default if anyone is in default who has signed the Plan. 10. WHAT HAPPENS IF YOU ARE IN DEFAULT - The following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, South Carolina and West Virginia: When you are in default and after expiration of any right you have under applicable state law to cure your default, we can require immediate payment of your outstanding balance under the Plan without giving you advance notice. The following paragraph applies to borrowers in all other states. When you are in default, we can require immediate payment (acceleration) of what you owe under the Plan and take possession of the property. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration. The following paragraphs apply to all borrowers: You agree the Credit Union has the right to take possession of the property without judicial process if this can be done without breach of the peace. If we ask, you promise to deliver the property at a time and place we choose. We will not be responsible for any other property not covered by this agreement that you leave inside the property or that is attached to the property. We will try to return that property to you or make it available to you to claim. After we have possession of the property, we can sell it and apply the money to any amounts you owe us. We will give you notice of any public sale or the date after which a private sale will be held. Our expenses for taking possession of and selling the property will be deducted from the money received from the sale. Those costs may include the cost of storing the property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. The rest of the sale money will be applied to what you owe under the Plan. If you have agreed to pay the advance, you will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the advance and to what you owe under this agreement. You agree to pay interest on that amount at the same rate as the advance until that amount has been paid. 11. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE AGREEMENT - We can delay enforcing any of our rights under this agreement any number of times without losing the ability to exercise our rights later. We can enforce this agreement against your heirs or legal representatives. If we change the terms of the Plan, you agree that this agreement will continue to protect us. 12. CONTINUED EFFECTIVENESS - If any part of this agreement is determined by a court to be unenforceable, the rest will remain in effect. 13. NOTICE TO NORTH DAKOTA BORROWERS PURCHASING A MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION MAY BE SUBJECT TO REPOSSESSION. IF IT IS REPOSSESSED AND SOLD TO SOMEONE ELSE, AND ALL AMOUNTS DUE TO THE SECURED PARTY ARE NOT RECEIVED IN THAT SALE, YOU MAY HAVE TO PAY THE DIFFERENCE. 14. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for you to fail to return a motor vehicle that is subject to a security interest, within thirty days after you have received notice of default. The notice will be mailed to the address you gave us. It is your responsibility to notify us if your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000. THE PROPERTY DESCRIPTION ON THE REVERSE SIDE IS PART OF THIS AGREEMENT. NOTICE: SIGN THIS AGREEMENT ON THE REVERSE SIDE. EXHIBIT B M? MMIII MECHANICSBURG • PA? 6320 Carlisle Pike Mechanicsburg, Pa. 17050 Phone (717) 766-4733 www.mccafferty.com CELL: 717-712-5325 32973 BENJAMIN 1O5EON BECRAFT 420 S HANOVER ST CARLISLE, PA 17013-3916 JEWETT 1,075 / YEAR I MAKE I MODEL DELIVE 08/FORD/MUSTANG/2DR CPE GT 03 VEHI CLE I. D. NO. SELLIM1 1 Z V H T 8 2 H 5 8 5 1 4 2 1 8 7 'E 3/09 INVOICE NO. FOCS128854 8FC896 ATE S/09 DELIVERY MILES 238 ALER NO. PRODUCTION DATE 3/09 ""7T77M-5325 -61894 MO: 1266 tXIM & PAX IS ------------------ ------------------------------------------- J# 1 27FOZ NIVI1AL TRANS TECH(S):437 W AAMTY DISCLAIMER OF WARRANTIES CUSTOMER STATES / TRANSMISSION GRINDS 2.3 SHIFT The only warranties, if any, applying to VERIFIED CONDITION REPLACE 1-2 3-4 SYNCHONIZERS the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all PARTS ------ OTY---FP-NUMBER --------------- DESCRIPTION ......... LIST PRICE-UNIT PRICE- warranties, either expressed or implied, JOB 1 1 3R3Z-7124-BA SYNCHRO WARRANTY including any implied warranties of JOB 1 1 1R3Z-7124-DA SYNCHRO AA SNAP RI JOB 1 1 4R3Z 7109 WARRANTY merchantability or fitness for a particular . - JOB 1 4 XT-5.0101 FLUID - WARRANTY WARRANTY purpose, and neither assumes or autho- JOB # 1 TOTAL PARTS 0.00 rizes any other person to assume for it any liability in connection with the sale of JOB # 1 TOTAL LABOR & PARTS 0.00 this part(s) and/or service. Buyer shall not ------------------------------------------------------------------------------------- COMMENTS---------------------------------------------------------------------------- ---------- entitled to recover from the selling be dealer any consequential damages, damages to property, damages for loss TOTALS------------------------------------------------------------------------------- ----------- of use, loss of time, loss of profits or income, or any other incidental damages. ******************************************************************* * NEXT RECOMMENDED SERVICE: * 05/15/2017 / 171400 MI 30FOZRDIFF REAR DIFF SERVICE *****************kA*********I******* TOTAL LABOR.... 0.00 * * TOTAL PARTS.... 0.00 * [ I CASH [ I CHECK CK NO. [ ] * TOTAL SUBLET... 0.00 * * TOTAL G.O.G.... 0.00 * [ I VISA [ ] MASTERCARD [ ] DISCOVER * TOTAL MISC CHG. 0.00 * * TOTAL MISC DISC 0.00 * [ I AMER XPRESS [ ] OTHER [ ] CHARGE * TOTAL TAX...... 0.00 * * ************************************************ TOTAL INVOICE $ 0.00 THANK YOU FOR YOUR BUSINESS!! CUSTOMER SIGNATURE a U U Z H Z Q 2 I PAGE 1 OF 1 CUSTOMER COPY [ END OF INVOICE ] 0122pm Mug- N T?4, M?- F Tu l?Ftlr 6320 Carlisle Pike Mechanicsburg, Pa. 17050 ? MECmcgol@dy Phone (717) 766-4733 www.mccafferty.com CELL: 717-712-5325 CUSTOMER NO. 32973 ADVISOR TAG NO. INVOICE DATE INVOICE NO. TOM J EWETT 29 444 07/24/09 _ FOCS134136 LABOR RATE . LICENSE NO. MILEAGE GOLOR STOCK NO. BENJAMIN JOSEPH BECRAFT 1,687 / 8FC896 41 SALT RD YEAR! MAKE ( MODEL DELIVERY DATE DELIVERY MILES ENOLA PA 17025-2018 08/FORD/MUSTANG/2DR CPE GT 03/05/09 238_ , VEHICLE I.D. NO. SELLING DEALER NO. PRODUCTION DATE 1 z V H T 8 2 H 5 8 5 1 4 2 1 8 7 ET E. NO. P. O.. NO. R. O. DATE 1 07/13/09 °-5325-f$94?a MO: 1699 LABOR & PARTS .. ...... ........................_.................................. DISCLAIMER OF WARRANTIES J# 1 im AaWTIC T TEOt(S):437 fiiM ANTY CUSTOMER STATES / DELAY SHIFTING INTO REVERSE The only warranties, if any, applying to REPLACE REVERSE INHIBITOR the part(s) and/or service are those PARTS------QTY---FP-NUMBER-------•- DESCRIPTION. ------.LIST PRICE-UNIT PRICE- offered by the manufacturer. The selling JOB # 1 1 4R3Z-7AO82-AA KIT T WARRANTY dealer hereby expressly disclaims all JOB # 1 TOTAL PARTS 0.00 warranties, either expressed or implied, including any implied warranties of JOB # 1 TOTAL LABOR & PARTS 0.00 merchantability or fitness for a particular -------------------------------------------------------------------------------- COMMENTS--------------------------------••-......--•---------------------------..... purpose, and neither assumes orautho DELETED OPERATION(S) ---------------------------------------------------------------- rizes any other person to assume for it 03FOZ99P MULTIPOINT INSPECT any liability in connection with the sale of this part(s) and/or service. Buyer shall not TOTALS ------------------------------------------------------------------------------------------ be entitled to recover from the selling ****,,?xt*L?****,r****?***************??********?r*****??***?***?**? dealer any consequential damages, * NEXT RECOMMENDED SERVICE: * damages to property, damages for loss * 07/13/2009 / 1699 MI 31FOZ005 5K SERVICE * of use, loss of time, loss of profits or *************************************************************************** income, or any other incidental damages. ************************************?*********** TOTAL LABOR.... 0.00 * * TOTAL PARTS.... 0.00 * [ ] CASH [ ] CHECK CK NO. [ ] * TOTAL SUBL.ET... 0 00 * * TOTAL G.O.G.... . 0.00 * [ ] VISA [ ] MASTERCARD [ ] DISCOVER * TOTAL MISC CHG. 0.00 * * TOTAL MISC DISC 0 00 * [ ] AMER XPRESS [ ] OTHER [ ] CHARGE * TOTAL TAX...... . 0.00 ************************************************ TOTAL INVOICE $ 0.00 THANK YOU FOR YOUR BUSINESS!! CUSTOMER SIGNATURE 9 0 U U W Z H 2 Q Q tl PAGE 1 OF 1 CUSTOMER COPY [ END OF INVOICE ) 1022am (JD -4, CELZf L W WWIW?. &."14NICSBURG • n Y 6.aar isle Pike, 717-766-4733 Service Hours: L Monday P !a ;cat ° : 4 s = -Wp E' F=riday 7:30am to 5:00pm Saturday 8:00am to 3:00pm • McCaffert qualified purchase from McCafferty will accrue towards the putrc Farn 1 ccon retail parts, detail, service repairs and mainton,.-nd towing. Also as an added reward receive discounts at i%4a1 °At,,.. --.v of our assistant service managers for details. • t-at .; :-ervice Excellence) certified technicians i • Corrrpli- '. ary ,;4k tin the local area ? • All wl?,i:c =r?. cord parts which are guaranteed for 12 months/12000 miles • 24 hour service • Full service body4;:f,llision Center - Call for a free estimate 717-766-8758 • 24 hour towing sc • Certified State f . • State-of-th- r ,quipment M Wtos&Amraft Qualityar your service ? • ENNETH GAMBLE CELL: 717-712-5325 32973 BENJAMIN JOSEPH BECRAFT 41 SALT RD ENOLA, PA 17025-2018 6320 Carlisle Pike Mechanicsburg, Pa. 17050 Phone (717) 766-4733 www.mccafferty.com TANG/21DR CPE GT 704 f 08/2 COLOR 3,854 / DELIVERY DATE 03/05/09 Z V H T 8 2 H 5 8 5 1 4 2 1 8 71 FOCS136357 STOCK NO. 8FC896 DELIVERY MILES 238 /09 REPRINT# 1 1=772.5325 1-7417-'FM-6994 f- MO: 3854 ...aa- ------------------------------------------------------------------ J# *IIL & FILTIa3 -AW IMlSf TECH(S) :16B 15 96 DISCLAIMER OF WARRANTIES 0011" OIL AND FILTER (5W-30 OIL) The only warranties, if any, applying to Oil & filter Special Basic 4.6L 08/09 the part(s) and/or service are those PARTS ------ QTY---FP-NUMBER --------------- DESCRIPTION . ........ LIST PRICE-UNIT PRICE- offered by the manufacturer. The selling JOB # 1 1 FL-820-S FILTER 5.50 5.50 5.50 dealer hereby expressly disclaims all JOB 1 6 Q55W20 OIL5W20 2.70 2.70 16.20 warranties, either expressed or implied, JOB # I TOTAL PARTS 21.70 including any implied warranties of JOB # 1 TOTAL LABOR & PARTS 37 65 merchantability or fitness for a particular ----------------------------------------------------- ----------------------- ----------- . --------- purpose, and neither assumes or autho- J# 2 03FOZ99P M ULTIPOINT INSPECT TECM(S) 166- 0.00 rizes any other person to assume for it PERFORM FREE MULTIPOINT INSPECTION $19.95 VALUE any liability in connection with the sale of PERFORMED MULTIPOINT INSPECTION this part(s) and/or service. Buyer shall not PARTS ------ QTY --- FP-NUMBER --------------- DESCRIPTION - -------- LIST PRICE-UNIT PRICE- be entitled to recover from the selling JOB # 2 TOTAL PARTS 0.00 dealer any consequential damages, damages to property, damages for loss JOB # 2 TOTAL LABOR & PARTS 0.00 of use, loss of time, loss of profits or ----------------------------------------------------- Jilk 3+03FOZ(K SRAI(& SPEC ---------------------------------- TECH(S):166 --------- 0.00 income, or any other incidental damages. BRAKES 04EQU AND OKAY DISC WJWES:OWR ", OMM BRAKES: OVER 2M111 REFER.T0 THE MULTIPOINT INSPECTION SHEET TO SEE UNICH BRAKES ARiE& YOUR TECHNICIAN INSPECTED U PARTS ------ QTY --- FP-NUMBER --------------- DESCRIPTION --------- LIST PRICE-UNIT PRICE- JOB # 3 TOTAL PARTS 0.00 JOB # 3 TOTAL LABOR & PARTS 0.00 ........................................................-------------------.----------........-- J# 4+03FOZGTIRE TIRE DEPTH TECH(S):166 0.00 TIRES CHECKED AND OKAY 7/32 OR GREATER REFER TO`MULTIPOINT INSPECTION SHEET FOR SPECIFIC TIRE THAT YOUR TECHNICIAN INSPECTED PARTS------QTY---FP-NUMBER--- _-----DESCRIPTION---------LIST PRICE=UNIT PRICE- JOB # 4 TOTAL PARTS 0.00 JOB # 4 TOTAL LABOR & PARTS 0.00 a U U W MISC ------ CODE -------- DESCRIPTION ------------------------------- CONTROL NO--------- JOB A SS SHOP SUPPLIES 1.13 JOB 1 LUBE LURE FEE 0.25 JOB 1 HAZ1 RECYCLE RECOVERY PER UNIT 1.50 TOTAL - MISC 2.88 6 9 PAGE 1 OF 2 CUSTOMER COPY [CONTINUED ON NEXT PAGE] 02:50pm M.MMM a ..: ANICSBURG PA : sr is e Pike, ., E x ianicsburq, PA a n??4a5, Monday 717.766-4733 _ __-_ Service Hours: `d„ipn F=riday 7:30am to 5: 8:00am to 3:00pm McCaft _ialified purchase from McCafferty will accrue towards tlI , r rarn 15°" on retail parts, detail, service repairs and main =x? -f-,rj towing. Also as an added reward receive discounts at #assistant service managers for details. • =ar, t0 1-xcellencej certified techn cian4 • Crmpiirr,?a?Ea,' ?;?? tf ?r? focal area i • All e,r?i?.:;vc,f cif : t, ?je,fsta! =G tci parts which are guaranteed for 12 months/12000 miies • 24 hour service * Full service body °r l=ision Center - mall for a free estimate ?17..766-8758 • 24 hour towing s?. • Certified State • State-of-th .. , epai3* equipment sI muturcraftA4 Qualityat your service MC •PAV 6320 Carlisle Pike Mechanicsburg, Pa. 17050 Phone (717) 766-4733 www.mccafferty.com CELL: 717-712-5325 CUSTOMER. NO. 32973 ADVISOR KENNETH TAG NO. GAMBLE 3 704 INVOICE DATE 09/22/09 INVOICE NO. FOCS136357 BENJAMIN JOSEPH BECMFT LABOR RATE LICEtTCE.NO. MILEAGE 3 854 COLOR / STOCK NO. 8FC896 t1 41 , SALT RD ENOLA, PA 17025-2018 YEAR! MAKE I MODEL 08/FORD/MUSTANG/2DR CPE GT DELIVERY DATE 03/05/09 DELIVERY MILES 238 VEHICLE I.D. NO. 1 Z V H T 8 2 H 5 8 5 1 4 2 1 8 7 SELLING DEALER NO. PRODUCTION DATE F. T. E. NO, P. O. N0. R ??.,,qq??T Wh.2 /09 REPRINT# 1 - -5 25 - 69,94 INO 3854 ..... ........................ ............................ ......... DISCLAIMER OF WARRANTIES * NEXT SERVICE : The only warranties, if any, applying to * 0$1 7 / 3954 MI 31FOZ005 5K SERVICE * the part(s) and/or service are those **************************************** *** offered by the manufacturer. The selling dealer hereby expressly disclaims all ************ * TOTAL LABOR.... 15.95 warranties, either expressed or implied * * [ ]CASH [ CHECK CK NO. [ * TOTAL PARTS.... TOTAL SUBLET 21.70 0 00 , including any implied warranties of ... TOTAL G.O.G... . 0 00 merchantability or fitness for a particular * [ ]VISA [ ] MASTERCARD C 7 DISCOVER * . TOTAL MISC CHG. . 2 86 purpose, and neither assumes or autho * * [ ] AMER XPRESS C ] OTHER [ ] CHARGE * TOTAL MISC DISC TOTAL TAX...... . 0.00 2.35 rizes any other person to assume for it any liability in connection with the sale of i`'t ***** 't ***'""t't*' """ *********************** this part(s) and/or service. Buyer shall not TOTAL INVOICE a 42.89 be entitled to recover from the selling THANK YOU FOR YOUR BUSINESS!! dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits or CUSTOMER SIGNATURE income, or any other incidental damages. O U U Z F Z Q Q s z S PAGE 2 OF 2 CUSTOMER COPY I END OF INVOICE ] 02:50pm t2fiart • 7 NICSBURG ° PA " riisie Pike, -q icsburg, PA 47 17.766.4733 --? ?ervice Hours: F ida i :30am to 5:00pm Saturday 8:00am to 3:00pm Monday :? qualified Purchase from McCafferty will accrue towards rye ; ,r,r warn 15`.1' on retail parts, detail, service repairs and towing. Also as an added reward receive discounts ;??,., 3y of ,rrassistant service managers for details. at bervNCe Excellence) certified tec Chit c i => • i;c n?r??l?rr ?? Marv ?;G, -4 ins ?o-al area. « All S e V _ a! d ;arts which are guaranteed for 12 months/12000 miles 24 hour service: • Full service bodyt,' z )16sicn ;enter - Cali for a fre(-.,? estimate 717-766-8758 • 24 hour towing se! Certified State , « State-of-t?, gtj?pment att?t M Qualityat your service ?MEC6320 Carlisle Pike MCq4!@!V Mechanicsburg, Pa. 17050 Phone (717) 766-4733 www.mccafferty.com °V" "M`" ' 32973 TOM"JEWETT 29 "497 1'0/17/09 "i CS139106 ' LABOR RATE LICENSE NO. MILEAGE COLOR STOCK NO. BENJAMIN 30SEPH BECRAFT 7,108 / 8FC896 41 SALT RD YEAR I MAKE I MODEL DELIVERY DATE DELIVERY MILES ENOLA, PA 17025-2018 08/F0RD/!MUSTANG/2DR CPE GT 03/05/09 238, VEHICLE I.D. NO. SELLING DEALER NO. PRODUCTION DATE 1 Z V H T 8 2 H 5 8 5 1 4 2 1 8 7 1 1 10/14/09 1 7='-5325 7m-3'.'fo: 7156 - - - - • - - - - DISCLAIMER OF WARRANTIES ,OB # 5 TOTAL PARTS 0.00 JOB 5 TOTAL LABOR & PARTS 0.00 The only warranties, if any, applying to • the part(s) and/or service are those MISC...... CODE -• DESCRIPTION ............. -................. CONTROL NO. ---- offered by the manufacturer. The selling JOB 3 EMIS MCI TRANSACTION FEE 2,40 dealer hereby expressly disclaims all JOB 4 SIS STATE INSPECTION STICKER 2.00 warranties, either expressed or implied, TOTAL - MISC 4.40 including any implied warranties of COMMENTS ---------------------------------------------------------------------------- merchantability or fitness for a particular purpose, and neither assumes or autho- rizes any other person to assume for it TOTALS ------------------------------------------------------------------------------------------ any liability in connection with the sale of this part(s) and/or service. Buyer shall not *?r*irrr*r?rt,?r********,r*,ttrrk***?r**rr****?*>r?*?rirti****,hr* * NEXT RECOMMENDED SERVICE: * be entitled to recover from the selling * 10/14/2009 / 7156 MI 31FOZ005 5K SERVICE * dealer any consequential damages, *********************************************************r*******,******* damages to property, damages for loss of use, loss of time, loss of profits or ************************************************ TOTAL LABOR.... 62.75 income, or any other incidental damages. * * TOTAL PARTS.... 0.00 * C CASH [ ] CHECK CK NO. [ ] * TOTAL T TOTAL GSUBLET E... 0.00 "IMPORTANT * ] ISA [ ] MASTERCJ4ItD [ ] DISCOVER TOTAL. MISC CHG. 4.40 * TOTAL MISC DISC 0.00 * [ AMER XPRESS [ ] OTHER [ I CHARGE * TOTAL TAX...... 4.03 ***************** ******** TOTAL INVOICE $ 71.18 THANK YOU FOR YOUR BUSINESS!!% CUSTOMER SIGNATURE PAGE 2 OF 2 CUSTOMER COPY ( END OF INVOICE j 12:23pm .. M'C IC ANICSBURG r PA Y °;k ,t t srlisie Pike, 1;-" hanicsburtg, A 717-766-4733 Service Hours: Monday -Thursday 0 f" Glop m Friday 7:30am to 5:00pm • McCaffert , Reward , _ very y q° ?alified purchase from McCafferty will accrue towards the purchase of ?hiclc . Earn on retail parts, detail, service repairs and maintenancn.ct_. . "K! lowing. Also as an added reward receive discounts at I o c a i .T-?ej?.? in?> any v of amr assistant service managers for details. • Factory t?a st") i.?jivE service Excellence) certified technicians • Complimeretary 'in We local area • All servicr it_:IEwe, ens , r-ie Ford parts which are guaranteed for 12 monthsf12000 miles • 24 hour service • Full service body . l. *tprt.°9ollision Center Call for a free estimate 717-766-8758 • 24 hour towing se-, . SRr 'J • Certified State 1 State-of-th _ i equipment is :i ? opted fli Fast (t? ?Rillllllll Motorcraft,14-1?--bl W! Saturday 8:00am to 3: Qualityat your service Mc ?MECHANICSBURG • PAV 6320 Carlisle Pike Mechanicsburg, Pa. 17050 Phone (717) 766-4733 www.mccafferty.com .. TOM JEWETT 29 497 ,. ,.. n.?.0? 1 17/09 INVVIL&W. FOCS139106 BENJAMIN JOSEPH RECRAIF1' 41 SALT D UDOR RATE L1CEN8E MILEAGE 7,108 CO OR j NO S C$96 R ENOLA, PA 17025-201$ V /?+!.?E / MOD L 1/taRO?MUSTANG/2DR CPE GT DELIVERY DATE 03/05/09 DELIVERY MILES 238 VYIC Z I V O H T 8 8 2 H 5 5 1 Q 2 1 p O SELLING DEALER NO. PRODUCTION DATE F. T. E.NO. RO. NO. Rid{ 4/V9 r -.R Yifi -a"4 rf. 3.:4-Z rIG/: 7156 `? ?` 1(??q7 Wq R Y DISCLAIMER OF WARRANTIES CUSTOME GRINDS SHIFTING INTO 3RD GEM REPLACE TRANSMISSION AS PER FORD The only warranties, if any, aPPIYm9 to the part(s) and/or service are those PARTS ------ QTY•-- FP-NUMBER--------------- DESCRIPTION --------- LIST PRICE-UNIT PRICE- 30B 1 1 9R3Z-7003 AA offered by the manufacturer. The selling - TRANSMI WARR JOB 1 -1 9R3Z-7003-AA CORE RETURN ANTY dealer hereby expressly disclaims all WARR JOB 1 XT-5-QM QM FLUID - ANTY warranties, either expressed or implied, WARR JOB 1 4 ANTY including any implied warranties of CONN. WARR ANTY merchantability or fitness for a particular JOB # i TOTAL PARTS 0.00 Purpose, and neither assumes or autho- rizes any other person to assume for it JOB # 1 TOTAL LABOR & PARTS _ . . . .... ....... 0.00 any liability in connection with the sale of ........ TECH(S):437 ------------------------- 2-?03FOf' .' -TIFQINT ! I ti CT ---- 0 00 this part(s) and/or service. Buyer shall not PERFORM FREE MULTIPOINT INSPECTION $19.95 VALUE . be entitled to recover from the selling PERFORMED MULTIPOINT INSPECTION dealer any consequential damages, PARTS ...... QTY••-FP-NUMBER--------------- DESCRIPTION --------- LIST PRICE-UNIT PRICE- damages to property, damages for loss of use, loss of time, loss of profits or JOB # 2 TOTAL PARTS 0.00 income, or any other incidental damages. JOB # 2 TOTAL LABOR & PARTS 0.00 ----- ----------- - 3+29FUZEM fem.€*$&N 7F 1W*S3 4,37 35.80 PA STATE EMISSION TEST..,PASS OR FAIL...$2.40 MCI TRANSACTION CN GE 7NCLUI)ED VEHICLE PASSESINSPECTION REQUIRMENNTS IM9 7121128 PA EMISSION TEST ALL PARTS------QTY---FP-NUMBER --------------- DESCRIPTION --------- LIST PRICE-UNIT PRICE- JOB # 3 TOTAL PARTS 0.00 JOB "# 3 TOTAL LABOR & PARTS .............................. 35.80 .... ......... ,.......................................... J# 4+28FOZSI STATE INSPECTION-" TECH(S):437 ......... 26 95 STATE INSPECTION . -BRAKES-TIRES LF RF RR LR LF RF RR LR 12----12----8/32 ALL AI9 9378045 10/10 PA Safety Inspection All a PARTS..---- QTY --- FP-NUMBER --------------- DESCRIPTION --------- LIST PRICE-UNIT PRICE- JOB # 4 TOTAL PARTS 0.00 JOB # 4 TOTAL LABOR & PARTS •------------------ - - - - 26.95 w ---- ----- -- ---------------------------•--•---._.....•--- J# 29 11 R€KTAL VWCLE TECH(S):437 •.•. WARRANTY CUSTOMER SUPPLIED RENTAL. SERVICE DEPARTMENT PAYS RENTAL w CHARGE UNTIL DATE THE VEHICLE IS FINISHED. CUSTOMER IS RESPONSIBLE FOR ANY UPGRADE AND/OR INSURANCE AND FOR ANY d RENTAL DAYS CHARGED AFTER THE VEHICLE IS COMPLETED. 5 PAGE 1 OF 2 CUSTOMER COPY [CONTINUED ON NEXT PAGE] 12:23pm RA I OWN 16 ,.kUICSBURG • PA xf° 'anise Pike, ;?' anllcsburg, PA 717-766-4733 Service Hours: Monday ?,urs, ay Wo -I i= riday 1:30am to 5 Saturday 8:00am to 3:001 • McCafteOr ' rqualified purchase from McCafferty will accrue towards the pu,,cf= «.: of ni,;<i Au:. am ;5c?n on retail parts, detail, service repairs and )wing. Also as an added reward receive discounts at ioc =.k= It-I ` 1?- ? f our assistant service managers for details. • Factor a f.. service Excellence) certified technicians • Cori) plirTl( r'tcil}r the local area • All c ic.". ''-'01'0 parts which are guaranteed for 12 months/12000 miles • 24 hour service -^, ti • Full service body;.! on .":,enter - Call for a free estimate 717-766-8756 • 24 hour towing se. • Certified State i • State-of-thy ,r. v?:i eq . ipment d O F{"56.7? MQualityat your service 0 r r T rA: T 20,flo L;L . ? v i,,, i -*q.. oo PQ Airy 01 i 135 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENJAMIN BECRAFT, Plaintiff, V. FORD MOTOR COMPANY, Defendant. CASE NO. 2009-CV-8707 c'? __ ~ ;, ~., ~~ c -~ c-~~ - . c~ _ •- __„ , `-: _;~ ~.:-~ ~~ .. :~:, ^~ ~ _ r~. mil] ~,- ANSWER AND NEW MATTER AND NOW, comes defendant, Ford Motor Company, by its attorneys, Dobis, Russell & Peterson, P.C., and files the within Answer and New Matter as follows: ANSWER 1. Admitted. 2. Ford denies the accuracy of the address for its principle place of business, but admits the balance of the allegations contained in this paragraph. BACKGROUND 3. Admitted. 4. Admitted. 5. Ford denies that this is an accurate statement regarding the purchase price of the subject vehicle. 6. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 7. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 8. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 9. Ford specifically denies the allegations contained within this averment. 10. Ford specifically denies the allegations contained within this averment. AS TO COUNT I 11. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 10 with full force and effect as though more fully set forth. 12. This averment constitutes a conclusion of law, to which no response is required. 13. This averment constitutes a conclusion of law, to which no response is required. 14. This averment constitutes a conclusion of law, to which no response is required. 15. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 16. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 17. This averment constitutes a conclusion of law, to which no response is required. 18. This averment constitutes a conclusion of law, to which no response is required. 19. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 20. Ford denies the existence of any defects or non-conformities that substantially impair the use, value br safety of the subject vehicle. 21. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 22. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 23. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 24. Ford specifically denies. the allegations contained within this averment. 25. Ford specifically denies the allegations contained within this averment. 26. Ford specifically denies the allegations contained within this averment. 27. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. AS TO COUNT II 28. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 27 with full force and effect as though more fully set forth. 29. Ford specifically denies the allegations contained within this averment. 30. This averment constitutes a conclusion of law, to which no response is required. 31. This averment constitutes a conclusion of law, to which no response is required. 32. This averment constitutes a conclusion of law, to which no response is required. 33. This averment constitutes a conclusion of law, to which no response is required. 34. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 35. This averment constitutes a conclusion of law, to which no response is required. 36. Ford specifically denies the allegations contained within this averment. 37. This averment constitutes a conclusion of law, to which no response is required. 38. Ford specifically denies the allegations contained within this averment. 39. Ford specifically denies the allegations contained within this averment. 40. Ford specifically denies the allegations contained within this averment. 41. Ford specifically denies the allegations contained within this averment. 42. This averment constitutes a conclusion of law, to which no response is required. 43. Ford specifically denies the allegations contained within this averment. 44. This averment constitutes a conclusion of law, to which no response is required. AS TO COUNT III 45. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 44 with full force and effect as though more fully set forth. 46. This averment constitutes a conclusion of law, to which no response is required. 47. This averment constitutes a conclusion of law, to which no response is required. 48. This averment constitutes a conclusion of law, to which no response is required. 49. This averment constitutes a conclusion of law, to which no response is required. 50. This averment constitutes a conclusion of law, to which no response is required. 51. This averment constitutes a conclusion of law, to which no response is required. 52. This averment constitutes a conclusion of law, to which no response is required. 53. Ford specifically denies the allegations contained within this averment. 54. This averment constitutes a conclusion of law, to which no response is required. NEW MATTER 55. The subject vehicle does not have anon-conformity, defect or condition which substantially impairs its use, value or safety. 56. Plaintiff failed to permit defendant a reasonable number of attempts to repair the alleged non-conformity, defect, or condition, or otherwise failed to give defendant a reasonable opportunity to cure the defect. WHEREFORE, this defendant requests this Honorable Court to enter judgment in its favor. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that PAUL K. RUSSELL, ESQ., is hereby designated as trial counsel. CERTIFICATION OF COUNSEL I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. CERTIFICATION I hereby certify that a copy of the within document has been filed with the Prothonotary's Office in the Court of Common Pleas of Cumberland County, PA, Civil Action and that a copy of the same was served upon all interested attorneys within the period of time allowed in accordance with the Rules of the Court. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for defendant, Ford Motor Company BY: PAUL K. RUS LL, ES I.D. #70882 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 DATED: January 21, 2010 t r CERTIFICATE OF MAILING I, Paul K. Russell, Esq., do hereby certify that service of a true and correct copy of the within defendant's, Ford Motor Company, Answer with New Matter to Plaintiffs Complaint was made on this 21st day of January, 2010, to the below listed counsel by United States mail, postage prepaid. Robert Rapkin, Esq. KIMMEL & SILVERMAN 30 East Butler Pike Ambler, PA 19002 i/ PAUL K. RUSSEL :+ A Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (2151540-8888 ATTORNEYS FOR PLAINTIFF BENJAMIN BECRAFT v. FORD MOTOR COMPANY COURT OF COMMON PLEAS Cumberland County ~' ~' 4~~ r ~ N0.09-8707 ~ - - -~-, PLAINTIFF'S ANSWER TO NEW MATTER OF ~ ~:? DEFENDANT. FORD MOTOR COMPANY ~~=~ ~~~ '=:, ._~_ ;il T -, 55. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 56. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. .~ WHEREFORE, Plaintiff respectfully demands judgment against De~enr~ant in an amount equal to the contract price of the subject vehicle, plus all collateral char~es and ~ttorney fees. KIMMEL & ~ILVE~'MAN, P.C. By: Robert A Rapkin Esquire Identific tion No. 1628 Attorne for Plainti 30 Eas Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 VERIFICATION Robert A. Rapkin, Esquire, states that he/she is the attorney for the Plaintiff herein; that he/she is acquainted with the facts set forth in the foregoing Answer to TKO`" ~r~atter; and that same are true to the best of his/her knowledge, information and belief This st~tement is being made subject to the penalties of 18 Pa. C.S. Section 4904 relating o uns orn falsification to authorities. ~ ~ ~~~ ~'' t By: ~ , ;'~ obert A. ,Zap in, Esquire Identification N .61628 Attorney for Plai `tiff 30 East utter Pile Ambler, Pennsylvania 19002 (215) 540-8888 ,~ CERTIFICATE OF SERVICE I, Robert A. Rapkin, Esquire, counsel for Plaintiff, do hereby certify that I served all parties with true and correct copies of the foregoing Answer to New Matter, by placing same in the United States Mail, First Class, Postage Paid addressed as follows: Paul K. Russell, Esq. Dobis, Russell & Peterson P.C. 326 South Livingston Avenue Livingston, NJ 07039 SILVERMAN, P.C. l By: Robe A. R pkin, Esquire Iden ficatio No. 61628 Attorney for laintiff 30 East Butler~ike Ambler, Penns j~lvania 19002 (215) 540-8888 `~, Date: 25th day of January, 2010 `~ Tf-i~~~1~i4R1t 201Q FfB -4 P'M 3~ 50 ~;: ~1NTY t ~i`~hiS`~l.V~,~fIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Benjamin Becraft, Plaintiff, vs. CIVIL DIVISION NO.: 09-8707 Ford Motor Company, PROOF OF SERVICE Defendant. Filed on behalf of Plaintiff: Benjamin Becraft COUNSEL OF RECORD FOR THIS PARTY: Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL ~i S1LV1~RIVIAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i Beniamin Becraft, CIVIL DIVISION Plaintiff, v. Ford Motor Company, Defendant. TO THE PROTHONOTARY: No.: 09-8707 PROOF OF SERVICE Service of the complaint regarding the above captioned matter was made to Ford Motor Company, Office of the Secretary, One American Road, 10th Floor Dearborn, MI 48126, on 01/06/10, via U.S. First Class Mail, Certified /Return Receipt Requested. A representative of Defendant signed the return receipt on 01/12/10, a copy of which is attached. KIMMEL & SILVERMAN, P.C. Ro ert A. Rapkin, Esquire Attorneys for Plaintiff(s) 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverie so that we can return the card to you. ^ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: Ford Moor Company Office of the Secretary One American Road, 10th Floor Dearborn, MI 48126 2. Artcle Number (Tisnsfer from service label) PS Form 3811, February 2004 A Signature x QITNEY BOWES ~!~t D. 3. Type ~wtifled Mail item 1? U Yes ~ No D Express Mail Registered ~m Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ y~,q 7009 0960 0000 3455 7443 Domestic Retum Receipt 102595-o2-M-154o ; - I J Benjamin Becraft IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintitt NO.O9-8707 20 . VS. C-) C? Ford Motor Company nrn r -Q r- Defendant ©© RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in th<p Following form: -) c ? PETITION FOR APPOINTMENT OF ARBITRATORS f - -? rQ < TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert A. Rapkin , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ within the Arbitration Limits The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ?y Respectfully submitted, ??(Gtt 374, 0 ,- ORDER OF COURT AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. C Ford Motor Company ico RULE 1312-1 Defendant cn ? The Petition for Appointment of Arbitrators shall be substantially in thF, E Following form: Ts n ,.?C) PETITION FOR APPOINTMENT OF ARBITRATORS 5 TO THE HONORABLE, THE JUDGES OF SAID COURT: v ?v 3 ca Robert A. Rapkin counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ within the Arbitration Limits The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: C? -,y :10? C5 ?Q to 1 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ??(Gi<f ?37UU `? _ Benjamin Becraft NO.09-8707 20 Plaintiff R(0 a?_71!?7 c? ?I oberE A _Rapk?n ,&t K i rn mel r Si lvernvLn Dobi9;?ussell + Pleiusax,. ORDER OF COURT AND NOW, 200 , in consideration of the foregoing 1110 petition, Esq., and .? Q4yL Esq., and G( Esq., are appointed arbitrators in the ?ve,, captioned action (or actions) as prayed for. - : rrl co x? -0 By?tlie rt ,Cn r ? i Kevin A. Hess, P.J. C? -C Mai ?.C:: Cop I?tt N I o? ail! `v r-- ,,, rn C-5 CP --tom C? z: C: IN THE Ben, Ford URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-5 C r,, o C:? -g3 ._ -I in Becraft CIVIL DIVISION i? -a Plaintiff, NO.: 09-8707 s° A vs. PRAECIPE TO SET Z? DISCONTINUE AN2 rn -t w =? Dtor Company, Defendant. Filed on behalf of Plaintiff: Benjamin Becraft Counsel of Record for this Party: Craig Thor Kimmel, Esq. PA I.D. No.: 57100 Robert A. Rapkin, Esq. PA I.D. No.: 61628 KIMMEL & SILVERMAN, P.C. 210 Grant St., Suite 202 Pittsburgh, PA 15219 (412) 566-1001 IN THE COURT OF COMMON PLEAS OF Cumberland County, PENNSYLVANIA CIVIL DIVISION Benjanjin Becraft Plaintiff, ) s. ) NO.: 09-8707 Ford M for Company, ) Defendant. ) PRAECIPE TO SETTLE, DISCONTINUE AND END TO THIS PROTHONOTARY: ?indly mark the above-captioned matter as settled and discontinued. Respectfully submitted, Robert A. Rap n, Esquire KIMMEL & L ERMAN, P.C. Attorneys for aintiff CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the within Praecipe to Settle, Discos roue, and End was served on June 30, 2011, via U.S. Mail and facsimile, receipt confirn ed, to: Paul K. Russell Dobis, Russell & Peterson P.C. 326 South Livingston Avenue Livingston, NJ 07039 973-740-2474 Robert A. Rap n Esquire KIMMEL & I ERMAN, P.C.