Loading...
HomeMy WebLinkAbout10-2270 f`.r_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CHRISTOPHER AUXT, CIVIL DIVISION VS. FORD MOTOR COMPANY, Defendant. NO.. la - a.21d COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiff: Christopher Auxt 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 X92. e? aib9? l o2,?? 9V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER AUXT, Plaintiff, VS. FORD MOTOR COMPANY, Defendant. CIVIL DIVISION No.. NOTICE TO DEFEND YOU 14AVE 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHRISTOPHER AUXT, Plaintiff, VS. No.: FORD MOTOR COMPANY, Defendant. COMPLAINT 1. Plaintiff, Christopher Auxt, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, 117 East Marble Street, Mechanicsburg, PA 17055. 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 c/o CT Corporation System, 116 Pine Street, Suite 320, Harrisburg, PA 17101. BACKGROUND 3. On or about November 17, 2008, Plaintiff purchased a new 2008 Ford F-150, manufactured and warranted by Defendant, bearing the Vehicle Identification Number 1FTPX14548FC23575. 4. The vehicle was purchased in the Commonwealth of Pennsylvania and is registered in the Commonwealth of Pennsylvania. 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 $37,730.55. 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: Vehicle Won't Crank, Battery, Radio/CD Inoperable and Transmission Noise . 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. L.B. Smith Ford, Inc. 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 November 17, 2008, Plaintiff took possession of the above mentioned vehicle and experienced nonconformities as defined by 73 P. S § 1951 et seq., 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 seq. 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 SeMc . 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. KIMMEL & SILVERMAN, P.C. By: R,6bert A. RMnkir Attorney for Plainti 210 Grant Street, to 202 Pittsburgh PA 15 9 (412) 566-1001 9 VERIFICATION I, Robert A. Rapkin, being duly sworn according to law, depose and say that I am the attorney for the Plaintiff, in this action and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. II EXHIBIT A r? s vrs s?K L.S. WiTH, sip RQ, ''fit:,. UBJECT TO APPROVAL BY MANAGER Market Street at Twel`th Lemoy,-rs, Pa 17043 (717) 761-6700 Fax- (717) 761-3951 SERIAL NO. OUST. ` DATE RES ` BUS CUSTOMER ADDRcSS ZIP CODE ENTER MY ORDER FOR .T MAKE MODEL r, TYPES COLOR & f_? STOCK NO.` BASE PRICE OF VEHICLE - EXTD SERVICE PLAN r YES N , X SIGH E .tJ TOTAL ACCESSOR IES TRANSPORTATION TOTAL REBATE REBATE REBATE REBATE Trade-in Yeat . Matra. . `_' Mc s ??r f C drRC Serial Nd.' t > " - f Stock No. Title No. License No. Expires ALLOWANCE Trade4n Ye,* 9 Made Mottel I } Color Serial No.' , SWCk No ` Ar Tine No. License No. Expires ALLOWANCE ' # { INSURANCE . INFORMATION Sub-Total J >. ERIE INSt RA4 W 121007? Penna. Sales Tax f ,NS is x I POLICY Na Tire Tax PHONE Documentary Fee 'U -7 ADOR 9{ h T; r?G oil I ;Et ' ?, L CS 14 Notar Fee R _ t _ , y Balance Owing On Trade To LICENSE-# MIA LIEN FEES $ - QUO TRANSFER *,, 00 T ITLE s?-2 , TEMP. TAGS $ ... ,: ` 4 - b • i WARRANTY INFORMATION Online Title & Registration Fee p FACTORY WARRANTY . The factory warranty constitutes altof the warranties with respect to the sate of - Online Dealer Service Fee ? 4 ° z , this item/gems. The seller hereby expressly disclaims all warranties, either expressed or implied including - r ` any implied warranty of merchantability or fitness for a particular purpose, and the sailer neither assumes nor authorizes any other person to assume for it any liability in connection with Me sale of this itemfitems. USED CAR A R TY TOTAL 7771 W R AN - Used car is covered by a limited warranty detailed in. a separate document. -. ( I RECEIPT NO ? AS IS - This motor vehicle is sold "AS IS" without any warranty either expressed or implied. The .: purchaser will bear the entire expense of repairing or correcting any defect that presently exists or that RECEIPT NO.' $ IN may occur in the vehicle. BALANCE DUE: $ PURCHASER'S i, SIGNATURE X USED CAR CONTRACTUAL DISCLOSURE STATEMENT THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM - OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. 777 " " Federal regulations require you to state the odometer mileage upon transfer of ownership. An ANNUAL PERCENTAGE RATE • ?ii o/ inaccurate statement may make you liable for damages to your transferee, pursuant to section 4Waj w g of the Motor Vehicle Information and Cost Savings Act of 2072, Public Law 93-323, as amended by OFFICE USE ONLY Public Law 04-474. - i i hereby state that the odometer mileage indicated on the vehicle sold at. the time of transfer. `CHARGES BEGIN ON TO BE REPAID TO IN MONTHLY 1. Miles 2. Total Mileage Unknown INSTALLMENTS OF $ EACH ON THE N , DAY OF Y 3. Total Cumulative Miles Known to Be Over 100,000 THE MONTH BEGINNIN(f + 20 Customer agrees that this order includes all of the terms and conditions on both the face and reverse X FOR L.B. SMITH FORD, INC. side hereof, that this order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the subject SALESMAN - matters covered hereby. This order shall net become binding until accepted by the denier authorized representative. You. the customer. may cancel this contract and receive a full L. B. SMITH FORD, INC. APPROVED any time before receipt of a copy of' his contract signed by an authorized dealer representative by THIS ORDER IS NOT VALID UNLESS SIGNED AS ACCEPTED HERE giving written notice of cancellation to the deatBr.'Customer by his execution of this order BY acknowled es that he has read ifsAe a d co diti h i t g rrnw ri n ons and as rece ved a true copy of this order. CUSTOMER SIGNS X CREDIT APPROVED COSIGNER SIGNS X EXHIBIT B CUSTOMER #: 600066 UNIT# 8 CHRISTOPHER SAMUEL AUXT 117 E MARBLE ST MECHANICSBURG, PA 17055 HOME:717-943-3765 CONT:N/A RTTS- 717-44-3-9842 rR..T.T.- 15092 L.B. SMITH I LINCOLN *INVOICE* lim ®M6ICm 1100 MARKET ST LEMOYNE, PA 17043 (717) 761-6700 (800) 422-3673 www.lbsmithford.com PAGE 1 RFRVIrF Ar)\/ICr)P- 7l n nAKT 0mnTTaa'Mn COLOR YEAR MAKEIMODEL VIN LICENSE MILEAGE IN / OUT TAG G2 RED 08 FORD F-150 1FTPX14548FC23575 0 2227 2227 357 DEL. DATE PROD. DATE WARR.'EXP. PROMISED PO NO. RATE PAYMENT INV. DATE 17NOV08 D 20JUN08 18:00 T9JAN09 78.00 CASH 23JAN09 R.O. OPENED READY OPTIONS: STK:T08896 ENG:5.4 LITER SOHC 12:12 19JAN09 11:20 23JAN09 TRN:TRANSMISSION-4_SPEED _ _AT_W/OV _ PE HOURS LIST NET TOTAL A C S BATTERY DEAD MISC COMPLETED. 221 ISP 2 .SO (N/C) PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 2227 VERIFIED NO CRANK, BATTERY DEAD. INSTALLE ROTUNDA BATTERY ANAYLIZER AND TEST SHOWS ` 8t7 OTC S" OpJ3 $AT ERY = IT TALLED IN LINE AMMETER AND TEST FOR BATTERY DRAIN, .'.007IAMPS ` WITHIN FORD SPECS OF .050 AMPS. CALLED FORD HOTLIVIt A.D aED `Q 'CQ T T€ '( E{)R INTERMINTENT DRAIN. ROADTEST,'AND EXCERST'ZE ALL OPTIONS AND RETEST FOR DRAIN. NO DRAIN PRESENT s # ER` . .:L' iLY }.r`£}0`7 b? DA Ik. TEST AUDIO DRAW 0.982 AMPS WITH -IN SPEC. ACCESS AND POST ON `FORD MESSAGE BOARD. REPLACED BATTERY WITH STOCK UNYT T2-D-, ...47,. ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE DESCRIPTION TOTALS INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHOWN. SERVICES DESCRIBED WERE PERFORMED AT NO CHARGE TO SERVICE DEPT. LABOR AMOUNT 0.00 OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE HOURS PARTS AMOUNT 00 00 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY GAS, OIL, LUBE 0.00 ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS CLAIM ARE AVAI MON - FRI SUBLET AMOUNT 0.00 LABLE FOR (1) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MISC. CHARGES Q? MANUFACTURER'S REPRESENTATIVE. 7;3OAM TO 6PM TOTAL CHARGES 0.00 SAT LESS INSURANCE 0.00 SALES TAX 0 00 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATEI 8AM TO 4PM PLEASE PAY THIS AMOUNT . 0. 00 CUSTOMER COPY SERVICE INVOICE TYPE 2 - S12C CUSTOMER #: 600066 UNIT# 8 CHRISTOPHER SAMUEL AUXT 117 E MARBLE ST MECHANICSBURG, PA 17055 HOME:717-943-3765 CONT:N/A RTTC• 717-AA'2-'DS2d7 ('P-T.T.• 13855 L¦B¦ SMITH 8 LINCOLN INVOICE *BMW 1100 MARKET ST LEMOYNE, PA 17043 (717) 761-6700 (800) 422-3673 PAGE 1 www.lbsmithford.com SERVICE ADVISOR: 21 -4 PTT.4CR'.T.T, hTRRC1TTC COLOR YEAR MAKE/MODEL VIN LICENSE MILEAGE IN / OUT TAG G2 RED 08 FORD F-150 1FTPX14548FC23575 0 1/1 11,1232 DEL. DATE PROD. DATE WARR. EXP. PROMISED PO NO. RATE PAYMENT INV. DATE 17NOV08 D 20JUN08 18:00 31DEC08 78.00 CASH 31DEC08 R.O. OPEN ED READY OPTIONS: STK : TO 8 8 9 6 ENG : 5 . 4 LITER SOHC 06:19 31DEC08 1 15:21 31DEC08 TRN:TRANSMISSION-4_SPEED _AT_W/OV LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A TOWED IN NO POWER DEAD BATTERY CAUSE: JUMP STARTED. TESTED AND CHARGED BATTERY OK. CHECK CHARGING SYSTEM OK. CHECKED FOR DRAINS OK. MISC NO REPAIRS DONE 163 ISP 0.60 - (N/C) PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 1 JUMP STARTED. TESTED AND CHARGED BATTERY OK. CHECK CHARGING SYSTEM OK. CHECKED FOR DRAINS OK.' ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE DESCRIPTION TOTALS INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHOWN SERVICES DESCRIBED WERE PERFORMEDAT NO CHARGE TO SERVICE DEPT. LABOR AMOUNT 0.00 . OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE HOURS PARTS AMOUNT 0.00 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY GAS, OIL, LURE 0.00 ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS MON - FRI SUBLET AMOUNT 0.00 CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MISC. CHARGES 0.00 MANUFACTURER'S REPRESENTATIVE. 7:30AM TO GPM TOTAL CHARGES 0.00 SAT LESS INSURANCE 0.00 SALES TAX 0.00 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) 8AM TO 4PM PLEASE PAY THIS AMOUNT 0.00 CUSTOMER COPY CWrigN 1006 ADP, I . SERVICE INVOICE TYPE 2 - SRC _. i_ ..v. 37rJrt•. i t25 i .,.. , Iid '00L9_19L-LIL pod gl!wS 'S"I la uns 00 ' 0 1NnOWV SIHl a $Q[tmui a.1ojaq NuaauVA 2AajS'aaARnuuul ,lVd 3SV31d Wdti 0 3NDIST 00 ' o XVl S31VS aawas anok Iasquoa alma;d ?3u!4 ;uapaaz ,, 0 0 0 ' 0 30NVdf1SN1 SST) 1t • ea nok ummi Sidi ioj jj 'jeoi.xno g 00 • 0 00,0 S308VH01V101 S30UVHD •OSiw Wd9 Ol ;ouu ve sn am si uoga>tpiluS alaiduio3 anoA -fgpogs.(uudwoj nNV 10NVw N W1LO 00 • 0 1NnOWV 1318nS ?a? - loloW pjoA Iuo.13 Samns 19 aAlaaad Svw noA IOIOOV 830Nn 0 0 • 0 3801 'l10 'SVO stir . 101H3A 0 0 ' 0 1NnOwV S1dVd .LNVJL IMOHS 0 0 ' 0 iNnOwV M08V1 1d34 3 4HOdNi S1V101 NO11d1130S30 38 NO GVOU 's SSaOD 7qV GS-d 13rI ' aHaNIONH 30IAUaS a2IOd HHd Sx JNI2IdsxOOrIz) NWnrIOD ONRiaHIS CIH3V IdHE CIMOA IHOHS ON ' aEIM 9G' T IEIMUIJ NI LHOHS -dOd IOHCTSNI I Q3DVdJ, 'rIHNVd WIHI Ii/T Ids'I 'S 'NOIHSnD )IDVS lVaS EVHU 'IHNVd WIEl 7gIS I= ' SgHNKd XDIX IHOIE '3 I3arI ' XO9 HAOgO ' S'IHN'dd WI-dl HSVG 2IH,I,NHO 'S'IHNFId wi-di Nwarloa rJt? .,4HHS:s 'rlaHHM JNIuHaLS URE 1?SSFi NHOH aQ0V7.daU •SN'dOH NI J,=0II0 NSdO 'dONI SNUGH QHdIdHn 8TOL 0 0' 0 :V HNIrI rIVJ OJ, 0 0 0 = 2IHHIO 00'0 : 'dOEV7 0 0' 0 : SIHVd (DIN) (0/N) (DIN) HQOO HlnV ad)U In ivria :INnoo Z ? ? £?i ? 03 0 Ir;' 0 M Z Z Z rI - (V99V:K) a0`d7dH'd `3NIHdSAD0`IO SOFIJff0D ONIQI'IS OVE UIV 9Q95Ot T - 0£.0 M ZZZ ri - Isal J,NIod NId DIISONOKIQ - WSIS2?S INIV'dlSaU 5K9 UIV S tC19 S 0'tt 0S'o m ZZZ' (3/N) (DIN) (0/N) 7 - SISONDVILI - Wa,LSAS INIVUISa2I OVS EIV a9SOfi'T 0S Z M ZZZ aH,LHrIaWOO o 0 0 lvTIW )ASV N2IOH VS*Z£8£T*Z£rIfii T 777 ri - (Z £ 8 T) ?Tdrld 2I _... I2IZ.7HrIH - 'ISY?I. SS?Z, NUGH KZ £ 8 £ I HNVd WRIT HSVa NELLNED . ' S`IHNVd Wj dj l KnPIOD DNIUMLLS 'rIaRHM SNI2IaHIS TM • fiSSX N-dOH aHDTdrldHd 'SWdOH NI IIfIDUIa NHdO 'dONI SNHOH aadldaA 8TOL :asnvo ONIAIMI 'H`IIHM a lHSJ I AS QKMOT5 S LEVI,S k dOH SID V rTt7T n T T IJnt T QTrr SHnOH HdXl HaHI 3000dO aXIrI IV AO/M aHHdS t-NOISSIWSNVul: bl2iI 607flfLT OV:9T 60'I11P60 LS:60 _ OHOS _ HaLIrI t' S :OXH 968801:)IIS :SNOIldO AGVJ>i : 03 N?3d0.'0;li 60rInl'LT HSKO 008L 6OrInl'60 00:8T 80Nlll'0Z a 80AONLT 31Vfl .1N3iNAVd 31 u ON Qd 03 S41Al ; d '03 !la M 31VG 'QOkad 3.LV '13( LTT 8TOL 8TOL . 0 SLS£ZO38t9tTXdJaT OST-a Crd03 80 as-d ZO E)V1 1n0 / N1 30VA-11W :3SN-:Dll NIA -aaoi 3?t?W klvah _).401t?0 T I • !1l1R 2iaddllU.LS MVU U LC woo- pjolql!ujsql-mrAm EL9£-ZZt, (008) OOL9-L9L (LLL) EbOL L Vd '3NAOW31 1S 13)IHVW 00 L L AWMN4 Ngooxn I 4? HI WS '8'l HUS(naV dJUAa:JS T aE)Vd *HOIOANI 99892 ' 1 1GLV . v v v V r r u V/N:INOO S9L£-£iv6-LTL:HWOH S S O L T Vd ' f)Un8S0INVHOHW IS TIEE W H LTT IXaV rISnWKS USHdOZSIUH0 8 #IINn 990009 :# HaWOISM CUSTOMER #: 600066 UNIT# 8 CHRISTOPHER SAMUEL AUXT 117 E MARBLE ST MECHANICSBURG, PA 17055 HOME:717-943-3765 CONT:N/A FITJS! 717-443-2842 CELL: 16299 L.B. SMITH I LINCOLN INVOICE *YBICm 1100 MARKET ST LEMOYNE, PA 17043 (717) 761-6700 (800) 422-3673 PAGE 1 www.lbsmithford.com SERVICE ADVISOR: 210 DAN STOUFFER COLOR YEAR MAKE/MODEL VIN LICENSE MILEAGE IN / OUT TAG G2 RED 08 FORD F-150 1FTPX14548FC23575 0 2523/2523 1451 DEL. DATE PROD. DATE WARR. EXP. PROMISED PO NO. RATE PAYMENT INV. DATE 17NOV08 D 20JUN08 18:00 06FEB09 78.00 CASH 110FEB09 R.O.OPEN ED READY OPTIONS: STK: T08896 ENG: 5 .4 LITER SOHC 10:00 06FEB09 1 14:24 lOFEB09 TRN:TRANSMISSION-4_SPEED _AT_W/OV LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A CIS HEAR HUMMING NOISE FROM DASH AREA WHEN 1ST GETTING INTO TRUCK MISC COMPLETED. 221 ISP 2.20 (N/C) PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 2523 Diagnostics performed: Unable to veri=fy noise. Truck has prior history of a no start concern due to a discharged battery. Previous replacement of audio unit on first repair. Truck was towed in on second repair with a verified discharged battery.' Testing of battery, charging system and battery drain showed no problems found. DTCs of B1317, B1318 IN 4X4, B1318, B1352, U1950 -in IC. B1318 B-284.8 in:USM'and P1000 in PCM. Charged battery with Rotunda anaylizer and roadtested with several attempt to duplicate drain. None found. Third_timein now noise concern in dash. Inspect battery, charging sytem. IDS test with cont codes B1317, B1318. Visual inspection of grounds G201, G202. Peformed battery drain test with result of .017amp. Peformed pinpoint test B for dtc B1318 leading to no problem found at this time. Cleared DTC and attempt to duplicate before continuing to PPT D. ACCESS FORD HOTLINE RECCOMENDATION: Hotline'response-- eff, from looking at ._ he.-diagnostics you have already performed, it appears we cannot perform any further tests until the concern-:is duplicated-"Without duplicating-:the concern the diagnostics will not :be accurate and will lead-'to an unnecessary repair. We have no other reports that are similar to this concern and no known issues for this noise or intermittent draw. ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE DESCRIPTION TOTALS INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SERVICE DEPT. LABOR AMOUNT 0.00 SHOWN. SERVICES DESCRIBED WERE PERFORMEDAT NO CHARGE TO PARTS AMOUNT _ OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE HOURS 0.00 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY GAS, OIL, LURE 0.00 ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS MON - FRI SUBLET AMOUNT 0.00 CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MISC. CHARGES 0.00 ' 7:30AM TO 6PM TOTAL CHARGES MANUFACTURER S REPRESENTATIVE. 0.00 SAT LESS INSURANCE 0.00 SALES TAX 0.00 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) 8AM TO 4PM PLEASE PAY THIS AMOUNT 0.00 CUSTOMER COPY Cop 191 2000 AOP, Irc. SERVICE M "CE TYPE 2. S2C CUSTOMER #: 600066 UNIT# 8 CHRISTOPHER SAMUEL AUXT 117 E MARBLE ST MECHANICSBURG, PA 17055 HOME:717-943-3765 CONT:N/A n A A .l /'fTT T SMITH L B 15092 . . I LINCOLN INVOICE 4? ?&mw 8y 1100 MARKET ST LEMOYNE, PA 17043 (717) 761-6700 (800) 422-3673 www.lbsmithford.com PAGE 1 .qFRVICF AI)ViSnR- ?)1 n nAN ATC)TTF'FP.R vuCOLOR + YEAR v MAKE/MODEL VIN LICENSE MILEAGE IN / OUT TAG G2 RED 08 FORD F-150 1FTPX14548FC23575 0 2227/2227 357 DEL. DATE PROD. DATE WARR. EXP. PROMISED PO NO. RATE PAYMENT INV. DATE 17NOV08 D 20JUN08 18:00 19JAN09 78.00 CASH 1 26JAN09 R.O.OPEN ED READY OPTIONS: STK:T08896 ENG:5.4 LITER _SOHC 12:12 19JAN09 11:20 23JAN09 TRN:TRANSMISSION-4 SPEED AT W/OV LINE OPCODE TECH TYPE HOURS L15'1" lV?"1" lvttu, A C/S BATTERY DEAD MISC COMPLETED. 221 ISP 2.50 (N/C) PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 2227 VERIFIED NO CRANK, BATTERY DEAD. IN. STALLE ROTUNDA BATTERY ANAYLIZER AND TEST SHOWS .12.80 VOLTS GOQ IALLED IN LINE AMMETER AND TEST FOR BATTERY DRAIN, 007 AMPS WITHIN FORD SPECS OF .050 AMPS. CALLED FORD HOTLINE., ADW ED TO CONTINUE CK _ FOR INTERMINTENT DRAIN. ROAD'FEST-AND "=CERSIZE ALL QPTIQNS AND RETEST FOR DRAIN. NO DRAIN PRESENT MO&ER SHOW ONLY ,;007 AN-- TEST AUDIO DRAW 0 . 982 AMPS WITH -IN SPEC. ACCESS AND PC?S? ON F?`ORD AS SAGE BOARD. REPLACED BATTERY WITH STOCK UNIT T2009-147. RTIFY THAT THE DESCRIPTION TOTALS ON BEHALF OF SERVICING DEALER, I HEREBY CE INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SERVICE DEPT. LABOR AMOUNT 0.00 SHOWN. SERVICES DESCRIBEDWERE PERFORMEDAT NO CHARGE TO S NO INDICATION FROM THE APPEARANCE OF THE PARTS AMOUNT 0.00 OWNER. THERE WA VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED HOURS GAS, OIL, LUBE 0.00 UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY RECORDS SUPPORTING THIS NEGLIGENCE OR MISUSE ACCIDENT MON - FRI SUBLET AMOUNT 0.00 . , CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT MISC. CHARGES 0.00 NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MANUFACTURER'S REPRESENTATIVE 7:30AM TO 611M TOTAL CHARGES 0.00 . SAT LESS INSURANCE 0.00 SALES TAX 0.00 (SIGNED) DEALER. GENERAL MANAGER OR AUTHORIZED PERSON (DATE) I SAM TO 4PM PLEASE PAY THIS AMOUNT 0.00 CUSTOMER COPY COPrWd 2000 SOP, - SERVICE INVOICE TYPE 2. SRC CUSTOMER #: 600066 UNIT# 8 CHRISTOPHER SAMUEL AUXT 117 E MARBLE ST MECHANICSBURG, PA 17055 HOME:717-943-3765 CONT:N/A RTT.4• 717-441-2RA7 CRT.T. 17370 L.B. SMITH I LINCOLN INVOICE 4wo ®MBiCURY 1100 MARKET ST LEMOYNE, PA 17043 (717) 761-6700 (800) 422-3673 PAGE 1 www.lbsmithford.com SERVICE ADVISOR- ;)in nam cTnT7&-v . n COLOR YEAR MAKEIMODEL VIN LICENSE MILEAGE IN I OUT TAG G2 RED 08 FORD F-150 1FTPX14548FC23575 0 2600/2600 8555 DEL. DATE PROD. DATE WARR. EXP. PROMISED PO NO. RATE PAYMENT INV. DATE 17NOV08 D 20JUN08 18:00 23FEB09 78.00 CASH 11MAR09 R.O. OPENED READY OPTIONS: STK:T08896 ENG:5.4 LITER SOHC 09:51 23FEB09 20:14 11MAR09 TRN:TRANSMISSION-4 SPEED _AT_W/OV LINE UPCUDE TECH TYPE HUURS LIST NET TOTAL A CIS RADIO INOP CAUSE: 2600 REMOVED CENTER CLUSTER FINISH PANEL AND INSTALLED SPO RADIO. 18805D AUDIO UNIT PART NUMBER - ACQUIRE AND ORDER (18806) - L 221 W 0.20 (N/C) 18805E AUDIO UNIT - REPLACE (18806) - L 221 W 0.40 (N/C) FC: A07 42 PART#: 18CB69 COUNT: CLAIM TYPE: AUTH CODE: 0767 PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 2600 REMOVED CENTER CLUSTER. FINISH PANEL AND INSTALLED SPO RADIO. ON BEHALF OF SERVICING DEALER, 1 HEREBY CERTIFY THAT THE DESCRIPTION TOTALS INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHOWN SERVICES DESCRIBED WERE PERFORMEDAT NO CHARGE TO SERVICE DEPT. LABOR AMOUNT 0.00 . OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE HOURS PARTS AMOUNT 0.00 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY GAS, OIL, LURE 0.00 ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS MON - FRI SUBLET AMOUNT 0.00 CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MISC. CHARGES 0.00 MANUFACTURER'S REPRESENTATIVE. 7;3OAM TO 6PM TOTAL CHARGES 0.00 SAT LESS INSURANCE 0.00 SALES TAX 0.00 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) 8AM TO 413M PLEASE PAY THIS AMOUNT 0.00 CUSTOMER COPY Dooyr"g4 IOW ADP. Inc SERVICE MNOME TYPE 2 -W12C CUSTOMER #: 600066 UNIT# 8 CHRISTOPHER SAMUEL AUXT 117 E MARBLE ST MECHANICSBURG, PA 17055 HOME:717-943-3765 CONT:N/A 14571 L.B. SMITH I'LINCOLN) INVOICE Awo frmmURY 1100 MARKET ST LEMOYNE, PA 17043 (717) 761-6700 (800) 422-3673 www.lbsmithford.com PAGE 1 Ct=R?/{(F An1/Ifi(1R' 71 1 DTTQQV..T.T. (--TTZPnTTC COLOR YEAR MAKE/MODEL VIN LICENSE MILEAGE IN If OUT TAG G2 RED DEL. DATE 08 FORD F-150 PROD. DATE WARR. EXP. 1FTPX14548FC23575 PROMISED PO NO. 0 RATE 2061/2061 883 PAYMENT INV. DATE 17NOV08 D 20JUN08 WAIT 12JAN09 78.00 CASH 12JAN09 R.O. OPEN ED READY OPTIONS: STK:T08896 ENG:5.4 LITER _SOHC 09:36 12JAN09 17:14 12JAN09 I TRN:TRANSMISSION-4 SFEED AT W/OV LINE OPCODE TECH TYPE HOURS 12151 lvr.r ivlruA SOP RADIO DRAIN CAUSE: 2061 INSTALLED SOP RADIO UNIT 18805D AUDIO UNIT PART NUMBER - ACQUIRE AND ORDER (18806) - L 156 W 0.20 (N/C) 18805E AUDIO UNIT - REPLACE (18806) L 156 W 0.40 (N/C) FC: A07 42 PART#: 8L3T*18C869*AG COUNT: CLAIM TYPE: - AUTH CODE: 7813 PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 2061 INSTALLED SOP RADIO UNIT **************************************************** Y CERTIFY THAT THE DESCRIPTION TOTALS ON BEHALF OF SERVICING DEALER, I HEREB INFORMATION CONTAINED HEREONIS ACCURATE UNLESS OTHERWISE SERVICE DEPT. LABOR AMOUNT 0.00 SHOWN. SERVICES DESCRIBED WERE PERFORMEDAT NO CHARGE TO NO INDICATION FROM THE APPEARANCE OF THE PARTS AMOUNT 0.00 OWNER. THERE WAS VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED HOURS GAS, OIL, LOBE 0.00 UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY RECORDS SUPPORTING THIS NEGLIGENCE OR MISUSE ACCIDENT MON - FRI SUBLET AMOUNT 0.00 . , CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT MISC. CHARGES 0.00 NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MANUFACTURER'S REPRESENTATIVE 7:30AM TO 6PM TOTAL CHARGES 0.00 . SAT LESS INSURANCE 0.00 SALES TAX 0.00 (SIGNED) DEALER. GENERAL MANAGER OR AUTHORIZED PERSON (DATE) I 8AM TO 4PM PLEASE PAY THIS AMOUNT 0.00 CUSTOMER COPY Cop ffl 2000 MP. inc. SERVICE MIKE TYPE 2 • S12C CUSTOMER #: 600066 UNIT# 8 CHRISTOPHER SAMUEL AUXT 117 E MARBLE ST MECHANICSBURG, PA 17055 HOME:717-943-3765 CONT:N/A TIiTlT 7'1 ^T A A 1 ] O A '] /i L+T T . 13965 L¦13¦ SMITH (LINCOLN INVOICE 4wo O)Nw IIIY 1100 MARKET ST LEMOYNE, PA 17043 (717) 761-6700 (800) 422-3673 www.lbsmithfbrd.com PAGE 1 cFRVIC:F Ammop. '>'1 1 DTTQQWT.T. r-TMMn?,TQ rvV . +. • a COLOR ar v YEAR v ar vrrr • MAKE/MODEL - _. - VIN --- __-?_ LICENSE ___ ____.-__ MILEAGE IN / OUT TAG G2 RED 08 FORD F-150 1FTPX14548FC23575 0 1850/1850 336 DEL. DATE PROD. DATE WARR. EXP. PROMISED PO NO. RATE PAYMENT INV. DATE 17NOV08 D 20JUN08 18:00 05JAN09 78.00 CASH 1 05JAN09 R.O.OPEN ED READY OPTIONS: STK:T08896 ENG:5.4 LITER SOHC 09:55 02JAN09 08:41 05JAN09 TRN:TRANSMISSION-4_SPEED _AT_W/OV LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A CK DEAD BATTERY CAUSE: JUMP START FOUND CD PLAYER RUNNING AND CD HALF EJECTED WHEN HOOKING UP JUMPER PACK. RECHARED AND TESTED BATTERY OK MISC COMPLETED. 163 ISP 1.00 (N/C) PARTS: 0.00 LABOR: 0.00 OTHER.- 0.0`0 ..TOTAL LINE A: 0.00 1850 JUMP START FOUND CD PLAYER RUNNING AND CD HALF EJECTED WHEN HOOKING UP JUMPER PACK. RECHARED AND TESTED BAMRY OK 'REMOVAL OF STUCK CD REAIRED DRAW KILLING BATTERY. LET.SIT OVERNIGHT OK. B LOANER 40 NC NO CHARGE 199 CP 0.00 0.00 0.00 PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE B: 0.00 **************************************************** C** CD STICKS IN PLAYER SO SPECIAL ORDER PARTS 199 CP 0.00 0.00 0.00 PARTS: 0.00 LABOR 0.00' OTHER: 0.00'° TOTAL LINE C: 0.00 1850 CHECK OUT AND SPECIAL ORDER NEW UNIT. **************************************************** ON BEHALF OF SERVICING DEALER, 1 HEREBY CERTIFY THAT THE DESCRIPTION TOTALS INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SERVICE DEPT. LABOR AMOUNT 0.00 SHOWN. SERVICES DESCRIBED WERE PERFORMEDAT NO CHARGE TO PARTS AMOUNT OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE HOURS 0.00 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY GAS, OIL, LURE 0.00 ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS MON - FRI SUBLET AMOUNT 0.00 CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MISC. CHARGES 0.00 ' T:3OAM TO 6PM TOTAL CHARGES MANUFACTURER S REPRESENTATIVE. 0.00 EAT LESS INSURANCE 0.00 SALES TAX 0.00 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) SAM TO 4PM PLEASE PAY I THIS AMOUNT 0.00 CUSTOMER COPY C-PY19l2 ADP. Inc. SERVICE IWVOICE TVPE 2-5I2C CUSTOMER #: 600066 UNIT# 8 CHRISTOPHER SAMUEL AUXT 117 E MARBLE ST MECHANICSBURG, PA 17055 HOME:717-943-3765 CONT:N/A ?TTC . "71 '7-AAZ -)Q A) (ILIT.T. - 26092 L.B. SMITH LINCOLN *INVOICE* owo CMERCURY i 100 MARKET ST LEMOYNE, PA 17043 (717) 761-6700 (800) 422-3673 www.lbsmithford.com PAGE 1 SERVICE ADVISOR: g i n T)AN RTOTTPPV.R COLOR YEAR MAKE/MODEL VIN LICENSE MILEAGE IN / OUT TAG G2 RED 08 FORD F-150 IFTPX14548FC23575 0 6813/6813 443 DEL. DATE PROD. DATE WARR. EXP. PROMISED PO NO. RATE PAYMENT INV. DATE 17NOV08 D 20JUN08 WAIT 29JUN09 78.00 CASH 30JUN09 R.O. OPEN ED READY OPTIONS: STK: T08896 ENG : 5 .4 LITER SOHC 09:46 29JUN09 13:43 30JUN09 TRN:TRANSMISSION-4_SPEED_AT_W/OV LINE OPCODE TECH TYPE HOURS L15'1' NET "L A CIS HORN STUCK ON CUST UNPLUGGED WIRE NP NO PROBLEM FOUND 222 CP 0.00 0.00 0.00 PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 I HEREBY CERTIFY THAT THE ON BEHALF OF SERVICING DEALER DESCRIPTION TOTALS , INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SERVICE DEPT. LABOR AMOUNT 0.00 SHOWN. SERVICES DESCRIBEDWERE PERFORMEDAT NO CHARGE TO OWNER.THEREWAS NO INDICATION FROM THE APPEARANCE OF THE HOURS PARTS AMOUNT _ 0.00 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED GAS, OIL, LURE 0.00 UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS MON - FRI SUBLET AMOUNT 0.00 CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT PECTION BY T D AL R FOR IN E MISC. CHARGES 0.00 NOTIFICATION AT HE S RVICING E E S MANUFACTURER'S REPRESENTATIVE. 7:30AM TO 6PM TOTAL CHARGES 0.00 SAT LESS INSURANCE 0.00 SALES TAX 0.00 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) I 8AM TO 4PM PLEASE PAY THIS AMOUNT 0.00 CUSTOMER COPY CopyrgM 2000 AOP, ft. SERI CE u OICE TYPE 2.312C 6 1 CUSTOMER #: 600066 43620 UNIT# 8 *INVOICE* CHRISTOPHER SAMUEL AUXT 117 E MARBLE ST MECHANICSBURG, PA 17055-4260 PAGE 1 HOME:717-943-3765 CONT:N/A BUS: 717-443-2849 (RT,T.- SFR\/Irr- Ar)\/IC0R L.B. SMITH 400 j LINCOLN ®G9iglRlr 1100 MARKET ST LEMOYNE, PA 17043 (717) 761-6700 (800) 422-3673 www.lbsmithford.com COLOR YEAR MAKE/MODEL VIN LICENSE i REG u v + MILEAGE IN / OUT TAG G2 RED 08 FORD F-150 1FTPX14548FC23575 0 11954/119S4 T048 DEL. DATE PROD. DATE WARR.'EXP, PROMISED' PO NO. RATE PAYMENT' INV. DATE 17NOV08 D 20JUN08 18:00 01MAR10 78 CASH O1MAR10 R.O. OPEN ED READY OPTIONS: STK:TO8896 ENG:5 4 LITER SOHC 07:32 01MAR10 L11-17 O1MARIU TRN:TRANSMISSION-4_SPEED . _ AT W/OV _ -L.LNE UVUUllE 'TECH TYPE HOURS LIST NET TOTAL A CIS TRANS GRIND NOISE 1-2 2-3 SHIFT CUST HAD TO SLOW DOWN FOR NOISE TO STOP NC NO CHARGE 193 CP 0.00 0.00 0.00 PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 31?-IIg7 n?+nnwnn uIS I"t GLAIMER: ALL PARTS AND ACCESSORIES ARE SOLD AND ALL REPAIRS ARE RSHIP AS IS TH ' DESCRIPTION TOTA - . E DEALERSHIP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS AND 77PL SERVICE DEPT. LS , IED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER HOURS LABOR AMOUNT 0 00 PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SA MON PARTS AMOUNT LE OF PARTS OR PRODUCTS OR THE REPAIR. THE ONLY WARRANTIES ON PARTS AND ACCESSORIES - FRI O . OO OR REPAIRS ARE THOSE WHICH MAY BE OFFERED BY THE MANUFACTURER OR THE 7:30AM TO 613M GAS OIL LUBE QRIGINAL PARTS DISTRIBUTOR AND ONLY SUCH MANUFACTURER OR DISTRIBUTOR SHALL BE LIABLE , , 0 O FOR PERFORMANCE UNDER SUCH WARRANTIES. CUSTOMER SHALL NOT BE ENTITLED TO RECOVER FROM THE DEALERSHIP ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY SAT SUBLET AMOUNT . O OO , DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFIT OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES. 6AM TO 4PM MISC. CHARGES " 0 00 a. signing below, you acknowledge that you were notified of and authorized the Dealership to perform the servi i / i ALL PARTS ARE NEW TOTAL CHARGES 0 . 00 ces repa rs temized in this Invoice and that you received (or had the opportunity to inspect) any replaced parts as requested by you. The vehicle UNLESS OTHERWIW LESS INSURANCE 0 . 00 INDICATED. i§ being returned to you in exchange for our payment of the Amount Due. SALES TAX 0 00 ATE CUSTOMER SIGNATURE AUTHORIZED DEALERSHIP REPRESENTATIVE SIGNATURE . PLEASE PAY THIS AMOUNT 0.00 CUSTOMER COPY °.a erCAP ©2006 ADP (03109) SERVICE INVOICE TYPE 2 - 2S12C - "AS-IS" - PENNSYLVANIA - 9698082 %i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER AUXT, Plaintiff, V. FORD MOTOR COMPANY, Defendant. CIVIL DIVISION CASE NO. 2010-cv-2270 ~„~ N ~ -- -, ~ ~ r1 ~ ~ - -z- •-1 ~` =T' E ', l.i " L` } - ._. rt ( - -. _ . \_ . ~:.. c..a Li :, --. <': ~-=. Pv _:~ 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. Admitted. 3. Admitted. 4. Admitted. BACKGROUND 5. Denied. It is denied that this is the correct price for the subject matter vehicle. However, Ford admits that a copy of the sales contract is attached to Plaintiffs Complaint as Exhibit "A". 6. Admitted in part, denied in part. Ford admits a three (3) year/36,000 mile New Vehicle Limited Warranty. Ford was not a party to the retail sales transaction. 7. Admitted in part, denied in part. Ford admits a three (3) year/36,000 mile New Vehicle Limited Warranty. Ford was not a party to the retail sales transaction. 8. Admitted in part, denied in part. Ford admits a three (3) year/36,000 mile New Vehicle Limited Warranty. However, all other guarantees, affirmations and undertakings are denied. 9. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle, as well as ineffective repair attempts. Additionally, Ford denies that the vehicle is worthless. 10. Denied. However, Ford admits that invoices are attached to plaintiff's Complaint as Exhibit "B". 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 is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 13. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 14. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 15. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 16. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 17. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 18. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 19. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle and three (3) repair attempts. 20. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle and 30 days out of service. 21. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 22. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 23. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 24. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 25. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 26. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 27. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 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. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 30. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 31. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 32. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 33. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 34. Admitted, during the term of the original factory warranty and for manufacturing defects only. 35. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 36. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 37. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 38. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 39. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 40. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 41. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 42. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 43. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 44. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 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 is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 47. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 48. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 49. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 50. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 51. Denied. 52. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 53. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 54. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. NEW MATTER 55. The subject vehicle does not have anon-conformity, defect or condition which substantially impairs its use, value or safety. 56. Plaintiff's claims are barred by the applicable statute of limitations. 57. Plaintiffs claims are barred by commercial use of the vehicle. 58. Plaintiff has failed to mitigate damages. 57. Plaintiffs claims are barred by the abuse/misuse of the subject matter vehicle. 58. Any damages sustained were the result of the negligence of third parties over whom this defendant exercised no control. WHEREFORE, this defendant requests this Honorable Court to enter judgment in its favor. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that JAMES P. PETERSON, 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: AMES P. PETERSON, ESQ. I.D. #77315 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 DATED: April 29, 2010 CERTIFICATE OF MAILING I, James P. Peterson, 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 29th day of April, 2010, to the below listed counsel by United States mail, postage prepaid. Robert Rapkin, Esq. KIMMEL & SILVERMAN 30 East Butler Pike Ambler, PA 19002 JAMES P. PETERSON j~l nst~~~ =~d N~`~' RULE 1312-1 ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . ~~ NO. ~~ 2(~ ~~ ~ `'~ ... ~ -ri n . ~--~ -.. ~} ~ W. ~ rev ~ G .7 _ The Petition for Appointment of Arbitrators shall be substantially in the ==-, '`~' ~ , _ Following form: ` ~ _ T:E~1~FrOr1 ~ O~ E`_°;'~T--r"i 1-~~r,'F J'.'+' ~'~ITP.. ~ ` T ®RS ~6 THE HONO LE, THE JUDGES OF SAID COURT: ` ~' n ~ ~ ~ ~ ,counsel for the plaintiff/defendant in the above action (or actions), espectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ ~~~ ~~~. The counterclaim of the defendant in the action is ,2~~f/ 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) azbitrators to whom the case shall be submitted. Respectfully su ,~ ~?~/!:~' ORDER OF COURT petition, Esq., and ANU NOW, , 200 , in consideration of the foregoing captioned action {or actions) as prayed for. Esq., and Esq., are appointed azbitrators in the above Dy the Court, Kevih A. Ness ,P~. ~a~l. oo P~ ~tTY e~ aa~l $ ~~ a~sc~s C? AQX + Plaintiff Fn4 M De ndant In The Court of Common Pleas of Cumberland County, Pennsylvania No.10_--ZZ -7 Q Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth at we will discharge the duties of our office with fidelity. kAAAWO--O^ Signature Signature s?ianu j L Ah Name (Chairman) Svc'11-? Q Law Firm S.Q. Name Cam. cek s Law Firm i BCK ll x 955- SE Jdkn f1 Ckv Address Address! Name t30w N 83 f ?? Sl le ??v? Address 1-1643 V/ I `( h?? 43 11-4- A4 14 City, Zip City, zip City, Zip Z? - -7 1(316f Award D ? 3 / 3 Z t0 1- / c.s?3 104.35 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the :Z41V following ward: ote: If damages for delay are awarded, they shall be separately stated.) r -N in -r X Z 77-7, 777 C ?/ i c? S P a4% . ArbitratydiUents. (Insert name i applicable.) Date of Hearing: 30 No J 39? ,,? oo ? 0 (Chairman) Date of Award: / y Notice df Entry 6f Award Now, the ' .day of , 20: 1-6 , at 2.2 ,L , ?.M., the above award was entered upon the docket and n©tie t ereof-give is by snail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal. $ 2S6 oy By: Deputy ft EU-OFFICE OF THE PROTHONOTARY 2010 NOV 30 PM 2: 36 CUMBERLAND COUNTY PENNSYLVANIA ?4+1Y J .fit t u? l 2/?.? lU IN THE COURT OF COMMON PLEAS CHRISTOPHER AUXT CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 10-2270 ., FORD MOTOR COMPANY r- No © c7 NOTICE OF APPEAL = (Z = + FROM AWARD OF BOARD OF ARBITRATORS ' TO THE PROTHONOTARY: Notice is given that defendant, Ford Motor Company, appeals from the award of the board of arbitrators entered in this case on November 30, 2010 [7 A jury trial is demanded (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 9 1. the compensation of the arbitrators has been paid, or ?2. . Nie I NOTE: Th demand for jury trial on appeal from i co pulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. 'go 171 (Strike out the inapplicable clad e.) I s A pant or Attorney for Appellant . . ' % CERTIFICATE OF MAILING I, James P. Peterson, Esq., do hereby certify that service of a true and correct copy of the within defendant's, Ford Motor Company, Notice of Appeal from Award of Board of Arbitrators was made on this 16th day of December, 2010, to the below listed counsel by United States mail, postage prepaid. Richard Scholer, Esq. KIMMEL & SILVERMAN 30 East Butler Pike Ambler, PA 19002 JAMES P. PETERSON CA PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. 0 for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Christopher Auxt rnco -n 3>n (check one) -?-a ? Civil Action - Law X? Appeal from arbitration (other) (Plaintiff) vs. Ford Motor Company The trial list will be called on and Trials commence on (Defendant) Pretrials will be held on vs. (Briefs are due 5 days before pretrials No. l0- a2-1 C) -1 Term Indicate the attorney who will try case for the party who files this praecipe: Timothy J. Abeel, Jr., Esquire, Attorney for Plaintiff Indicate trial counsel for other parties if known: James P. Peterson, Esquire, Attorney for Defendant This case is ready for trial. Signed: i?-?? ?z Print Name: 1 I01G6'Iq J . f Date: Attorney for: r n - 0 3 QW,k % 60,75?po1 ckF U-4 P .5 Lt R-41 & -7b S-7 ^7 CHRISTOPHER AUXT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA IV. : CIVIL ACTION - LAW FORD MOTOR COMPANY, : Defendant : NO. 10-2270 CIVIL TERM ORDER OF COURT AND NOW, this 28`h day of February, 2012, a pretrial conference in the above matter is scheduled for Wednesday, April 4, 2012, at 3:00 p.m., in chambers of the undersigned judge. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Friday, May 18, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christylee ? eck, J. :'Timothy J..Abeel, Jr., Esq. 1339 Chestnut Street 16th Floor Philadelphia, PA 19107 Attorney for Plaintiff V James Peterson, Esq. 213 Yates Avenue Woodlyn, PA 19094 Attorney for Defendant ? Court Administrator c ?. ('Y} rn W E - co co i =C w CD )ell CotNt ?° IN THE COURT OF COMMON PLEAS OF Cumberland County, PENNSYLVANIA CIVIL DIVISION Christopher Auxt Plaintiff, vs. Ford Motor Company, Defendant NO.: 10-2270 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinued. Respectfully submitted, Robert A. Ra m, squire KIMMEL & I ERMAN, P.C. Attorneys for Plaintiff CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the within Praecipe to Settle, Discontinue, and End was served on May 15, 2012, via U.S. Mail and facsimile, receipt confirmed, to: James P. Peterson Dobis, Russell & Peterson P.C. 326 South Livingston Avenue Livingston, NJ 07039 973-740-2474 4 obert A. Ra OVERMAN, Esquire KIMMEL & P.C.