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HomeMy WebLinkAbout10-2955P n C' - o. ;h. TA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNNEA HALL, Plaintiff, VS. KIA MOTORS AMERICA, INC., Defendant. CIVIL DIVISION NO.: l() - ag55 C?Vi L WPA COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiff: Lynnea Hall COUNSEL OF RECORD FOR THIS PARTY: Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 WRIT WAIVED 0 qa, oo PQ Aml Cti`ta1880 ?*a y ls? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYNNEA HALL, Plaintiff, VS. KIA MOTORS AMERICA, INC., 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYNNEA HALL, Plaintiff, VS. No.. {IA MOTORS AMERICA, INC., Defendant. COMPLAINT 1. Plaintiff, Lynnea Hall, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, 78 Northview Drive, Mechanicsburg, PA 17050. 2. Defendant, K:ia Motors America, Inc., 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 2 Cornwell, P.O. Box 52410, Irvine, CA 92619-2410, and can be served at 111 Peters Canyon Rd., Irvine, CA 92606. BACKGROUND 3. On or about February 28, 2009, Plaintiff purchased a used 2008 Kia Sportage, manufactured and warranted by Defendant, bearing the Vehicle Identification Number KNDJE723587476303. 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 $23,277.79. 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 5-year / 60,000 mile warranty, as well as other guarantees, affirmations and undertakings as stated in Defendant's warranty materials and owner's manual. A true and correct copy of the warranty is attached hereto, made a part hereof, and marked Exhibit "B". 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. 10. Plaintiff complained on at least three (3) occasions about defects and or non- conformities to the following vehicle components: TPM light, transmission, no start. True and correct copies of all invoices in Plaintiff possession are attached hereto, made a part hereof, and marked Exhibit "C". 2 COUNTI MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT 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 has or may have resorted to Defendant's informal dispute settlement procedure, to the extent said procedure complies with 16 CFR 703. 13. 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). 14. Plaintiff is a "Consumer" as defined by 15 U.S.C. §2301(3). 15. Defendant is a "supplier", "warrantor", and a "service contractor" as defined by 15 U.S.C. § 2301 (4),(5) and (8). 16. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 17. By the terms of its written warranties, affirmations, promises, or service contracts, Defendant agreed to performs effective repairs at no charge for parts and/or labor. 18. 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. 19. Defendant has made attempts on several occasions to comply with the terms of its express warranties; however, such repair attempts have been ineffective. 20. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) provides: 3 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. 21. Plaintiff has afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 22. 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. 23. 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. 24. 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. 25. Plaintiff avers Defendant's Dispute Resolution Program was not in compliance with 16 CFR 703 for the model year of the subject vehicle. 26. Plaintiff avers that Defendant's warranty did not require Plaintiff to first resort to a Dispute Resolution Program before filing suit. 4 27. 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 II PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 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 is a "Person" as defined by 73 P.S. §201-2(2). 30. Defendant is a "Person" as defined by 73 P.S. §201-2(2). 31. 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." 32. 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. 33. 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; 5 (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 properh? 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. 34. Plaintiff avers Defendant has violated these, as well as other provisions, of 73 P.S. §201-2 et sec. 35. 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. 36. Defendant's conduct surrounding the sale and servicing of the subject vehicle falls within the aforementioned definitions of "unfair or deceptive acts or practices." 37. The Act also authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations. 6 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. 1robert A. Rapkin/ 1 Attorney for Pl ' ti 30 East Butler ike Ambler, PA 002 (215) 540-8888 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. VERIFICATION I, Lynnea Hall, hereby verify that the statements made in the foregoing Complaint as filed in the Court of Common Pleas of Cumberland County, Pennsylvania are true and correct to the best of my knowledge, information and belief and that this statement is made subject to the Penalties of IS Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Date: _ '-A\\S1XC3 Lynn Hall C333 3/22/2C10 11:52:29 AM PAGE 0130/0412 7a.x Server 3:Ms. ynnea Hall COMPANY: IF DEBT CANCELLATION IS SOLD, A SEPARATE DISCLOSURE AND AGREEMENT FOR DEBT CANCELLATION MUST ACCOMPANY THIS CONTRACT. PENNSYLVANIA t}2; 2 (2??C) SIMPLE INTEREST MOTOR VEHICLE INSTALLMENT SALE CONTRACT, Dated ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have paid afli5 you The total coat of your poke ora The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit, ir4l _ ? a yearly rate, credit will cost you. of S f 10. [) 561J.yG $ 15?a3 54 t 21563.44 ; 23277.79 % .? ., - 7 ?Yy Your Payment Schedule will,tu-. eear? { tr e t4° No. of Payments Amount of Payments When Payments Are Due ^} ?~ purchased. E Monthl , beginning `a'3 i t 1 J ?'; E ;`s Prepayment: If you pay off early, you will not have to pay a penalty. $ Filing Fees: $ `' U!j Late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. a means estimate IF YOU DO NOT MEET YOUR CONTRACT In this Contract 6251 CARLISLE PIKE OBLIGATIONS, YOU MAY LOSE THE MOTOR we are FREYSINCER PONIJAC GMC BUICK, INChE HANIC>BURG, PA 17055 VEHICLE AND PROPERTY THAT YOU the SELLER. - BOUGHT WITH THIS CONTRACT, AND/OR Name Address Zip Code MONEY ON DEPOSIT WITH THE ASSN This Contract is between Seller and Buyer All 329 SAL kWunty di dmres have been made by Seller Seller You are L Y N N E A A HALL E N t7 t_A Plat 17025 ilttettds.to assign this Contract ba the Assignee. the BUYER(S). County contract and/or warrantieTn W A amount of S If there is more than one Buyet, each iromises, separate and together, to pay all sums due us and to perform all agreements in this Contract 2 4 TRADE-IN: r, I .. !CGGSSl02Ai355b5 - paid to 606. , You have traded in &??tax ?$ J the following vehicle: Cash Price 16886 24 Year and Make Description $ rt82 3 5 If a balance is still owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf. You warrant and represent to us that Cash Downpaym2 $ any trade-in is free from lien, claim, encumbrance or security interest, except as shown in the Itemization of Amount Financed as the "Lien Payoff." PROPERTY INSURANCE: You may choose the Trade•In y person through whom insurance is obtained against foss or damage to the Vehicle and against Value ofTrade-I liability arising out of use or ownership of the Vehicle. In this Contrwt; you are promising to insure the Vehicle and heap 1. 11- 9800 00 DEBT CANCELLATION (GUARANTEED AUTO PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE $ N/A CREDIT. This agreement will not be provided unless you sign below, agree to pay the additional charge, and sign the separate disclosure and Lien Payoff to: agreement page, which is part of this Contract This agreement will apply during the entire term of the Contract This agreement may not cover $ ' 0 your entire indebtedness; seethe MAXIMUM PROTECTION amount stated in the separate disclosure and agreemenL Unpaid Cash Pr?Ce nc? Type-of Debt Cancellation Agreement- Charge Signature S La MT • T59 Guaranteed auto protection (GAP) $ 624-00 By s?gningou select guaranteed auto protection , I -,.:k, 6 Signet re od f Buyer 5ERYICE CONTRACT OR WARRANTY AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. The service contract or warranty agreement will not be provided unless you' sign the separate agreement with the third party provider, who is not the Seller noted above, and agree to pay the additional charge. This section does not apply to any warranty that you may receive for which there is not separate { Optional Debt Caryc j fobtAP) Document Preparalt t. S I- Paid to Others on Your Behalf CREDIT INSURANCE IS NOT REQUIRED, Credit Life Insurance and Credit Accident & Health (Olsabili Insurance are not License Tags and ?str ?An ry) required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance Lien Fee z OG purchased will be for the term of the credit We may receivea financial benefit from your purchase of credit insurance. $ By signing, you select SingleUh Life Insurance, What is yAt, A ( By signing, you select Single Credit Accident & N / A What is yolk/ is Taxes Not Included in sh pn which costs $ age? Years Health Insurance, which costs $ age? Years $ CII PC _ -r•C T is 1 he Signature of Buyer to be insured for Single Credit Life Insurance I Signature of Buyer to By signing, y%Nth select Joint Credit Life Insurance, which costs $ _ Wtr'at are I By signingg,, you iwth select Joint Credit your ages? Accidehf& Health Insurance, which costs $ a PLAINTIFF'S EX IT 1< J J Q Service Al jA C7';'P 3/22/2010 11:52:29 AM PACE 031/042 3:Ms. _,,/nnea Hall COMPANY: Signatures of both Buyers to be insured for Joint Credit Signatures of both Buyers to be insured for Joint Life insurance Credit Accident & Health Insurance VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is tailed For the'Vehicle' in this Contract N/U YearMOM K IA WORT BodXale &WA rut 3911WWJEA9Y930? USED Equipped - A.T. - P.S. _ AM-FM Stereo 5 Slid. Other with _ A.C. _ P.W. _ AM-FM Tape _ Vinyl Top ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the 'Assignee.' If the Assignee assigns the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and benefits of the Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee, The Assignee will notify you when and if Seller makes an assignment WACHOVIA DEALER SERVICES, INC. CO-SIGNER: Any person signing the Go-Signer's Agreement below promises separately and together with all Co-Signer(jand Buyer(s), to pay all sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. CO-OWNER: Any person signing the Co-Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and together with all Co-Owner(s) and Buyer(s), to perform all agreements in the Security Agreement and all other parts of this Contract except the 'Promise to Pay" section. TERMS: The terms shown in the boxes above are part of this Contract PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Cash Downpayment and assigning the Trade-In, if shown above, on or before the date of this Contract, and paying us the Amount Financed phis interest You promise to make payments in accordance with the Payment Schedule. You promise to make payments on or before the same day of each month as the first payment due date. You agree to pay all other amounts which may become due under the terms of this Contract You agree to pay the Seller or Assignee costs of suit You also agree to pay reasonable attorneys' fees if Seller or Assignee hires an attorney to collect amounts due under this Contract or to protect or get possession of the Vehicle. You agree to make payments at the place or to send payments to the address which the Assignee most recently specifies in the written notice to yW. SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all required obligations under this Contract, you give a security interest in the Vehicle, in all parts (called 'accessidns')" altac-hW' .tfie Vehicle of any lafer time, ind iii iiy proceeds of the By signing below, we agree to sell the Vehicle to you under the terms of this Contract FREYSINGER PONTIAC GMC BUICK, INC Vehicle, including insurance proceeds. The Assignee may set-off any amounts due and unpaid under this Contract against any of your money on deposit with Assignee. This Includes any money which is now or may in the future be deposited with Assignee by you. Assignee may do this without any prior notice to you. ADDITIONAL DISCLOSURES, TERMS AND CONDITIONS: Disclosures: Before signing this Contract, be sure that you receive and read the Disclosure to Buyer. Terms and Conditions: Before signing this Contract, be sure you receive and read the following, it marked X, which are additional pages to and part of this Contract III This Contract continues on the reverse side. ? DefifCeni:ellWin (guaianteed auto protedioi) separate disclosure and agreement. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY. OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. 02126/2 ,, BUYER / t..! j Server to Gredlt Insurance CoiMRW y For To _ $ A For To For To _ $ For To _ For Amount We may retain a portion of amounts marked" SELLER BY: 02/28/ Date BUYER Date CO-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNERS AGREEMENT. CO-SIGNERS AGREEMENT: You, the person (or persons) signing below as "Co-Signer," promise to pay to us ail sums due on this Contract and to perform all agreements in this Contract. You intend to be legally bound by all the terms of this Contract, separately and together, with the Buyer, You are making this promise to induce us to make this Contract with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have made any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. 02128/. Co-Signer's Signature - .. - Address- ' Date Co-Signer's Signature Address Date CO-OWNER'S SECURITY AGREEMENT: You, the person signing below as "Co-Owner," together with the Buyer or otherwise being all of the Owners of the Vehicle, give us a Security Interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the "Promise To Pay" section. You are giving us the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due on this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. Co-Owner's Signature Address Date BUYER, CO-SIGNER AND CO-OWNER, IF APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIME OF SIGNING, INCLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE SECTION CALLED ADDITIONAL DISCLOSURES, TERM AND CONDITIONS. BUYER BUYER COSIGNER CO-SIGNER OR CO-OWNER NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. Wolters Kluwer Financial Services 0 2003, 2008 To Reorder Form: 1-eOo-552-9410 PA 23DCSLC 3/28/2008 CB:^ 3/22/2010 11:52:25 AM PA -E 023/ ?92 Server 3:Ms. _.Vnnea Hall COMPANY: INC FRh-YSINGER PONTIAC / GMC / BUICK NANI. Vi aL' -- , . MAZDA / HYUNDAI NAME 6251 CARLISLE PIKE sTRt?6 :a S. µ! , :K it MECHANICSBURG, PA 17050 cmENCILA t PHONE (717) 766 2 R42 , 1 1 # 6 1316 , ,"31- PHONE (717)72$-1218 RES. PLEASE ENTER MY ORDER FOR THE FOLLOWING KEY tl ssoc. ec: ? NEW OR [USED t] DEMO © CAR [I TRUCK rep' Y`P008 V Al(k VVI MODEL PORTACTE TYPSW PRICEOFVEHICLE COI,p R 1 TRfM MIk6E? BASE AMOUNT VkQL N Illl J E J 2 3 G 8 ? 4 7 6 3 Q D OP EQ. AND ACCESS. FREIGHT ?y S D $ r TOY6/o F?1.Ni:RE -l ?F' I JT?j ?S , BII? D D ONA J°mb2/28/09 i?VTATE 17 G2!!SF e ..(l ? - 6204 rA. AGE 45 •,DATE`ol=ft~?$ ~ YR. MAKE MODEL TYPE ?002`1 F t DA ACCORD SUN ? STK a COLOR MILEAGE -0 : -:? VII f f 6 C 13 6 6 Q A 1 5 3 5 5 5 _ . -?::.. ,. .,...::.: ...._.. X43 .. YR. MAKE N/A MODEL TYPE STK R COLOR MILEAGE Tire Tax. TOTAL VIN3NDTRD WARRADNTY TYP. E -^ '-- - -+ LIEN HOLDER PHONE - MONTHS MILES AMOUNT GOOD TILL SPK TO Cash Price of Vehicle 81 [?ccese« ea . CARCO GAP 624..00 °J 1V I b.1 164 11J. st?lea Tax,s?vveiia??,,,//t?•?. ?(,;, RegitrationAnd Title Fee +!LIEN 3080 J ??-r DRIVE CONCORDVILLE PA 19339 Documentary Fee 9.06 0 If cow OLRS: Electro File Fee 90? 1 l .' a ^.., ;Sppl(8Wf?H OLRS Doc Fee LA rrk[,I VM7 vvpnnAmI T Ina 7aGWfr WOrIW1Lr 4VIMYlYIYY - W ."' Wn1"" - Wl" ?Nt Z v f? the sale of this IternAtems. The seller hereby w"gmasly disclaims all warranties, 91;er expressed or Implied Including any Implied warranty of merchantability or fdness for a particular purpose and the •alfar neNher assumes nor auihonzes any other person to assume for It any liability In oonnedlon with the sale of this itam/Nems. 0 USED CAR WARRANTY - Used car to covered by a limited warranty detailed In a separate document. [] AS IS - This motor vehicle Is sotd'AS 18" wltlaut any warranty shher expressed or Implied The purchaser will bear the entire expense of repairing or correcting any dialect that presently exists or that may occur in the vehicle. PURCHASERS kyiy { SIGNATURE X USED CAR CONTRACTUAL DISCLOSURE STATI THE INFORMATIOWYOU SEE ON7HE-WJNDOW-IFORWf'F0fVTB4jE CERT MAINTENANCE 4./d$ .- } k t,_ A'4( rash.. ? 6?Q0 - d( hit;tlbls dngaactTO NetTracle-in ?.. ( } Rebates E Me. _ ra200.y OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. 72 MOS . 23 Ault. 2Q 0 1 53 `, 5 Net. Cash.On d t?aytn¢t}t « 7 i Trade + Deposit r DEliveiy _ Total Down i. ?t ?1 ^ HALL. !r do hereby state the vehicle l am trading, T t? c? 2-#, Ttacla Shock tF B3Q?400 0 ' a 02ittNDA !1 r 1?CL 0j{C) f?g .pasnwar been I-' -iiikl p .. .. rooonstructed nor has it had an .R" (reconstructed) e. I understand that N the vehicle 1 am tradlrg has - 1 A ..f+t »rL S (?.Y..2 C E a had a reconstructed Me. its value Is considerably lass and I wilt be held responsible for the dlffsrenos. PURCHASERS j ;. `` 9 Unpaif?°Bitce.of Total t?fJae HIGNATURE X tk r ;y. - vvi> y?a s Purchaser agrees that this order includes all of the terms and conditions on both the face and reverse 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 matters covered hereby. This order shall not become binding until accepted by the dealer or his auditor ed presentative, you. the bytygr woy cancel this contract and receive a Purchaser by his execution of this order acknowledges that he has read its terms and conditions and/ho received copy of this order. PURCHASERS c hfd# r DATE 02128/ 09 OZJ2i/C SIGNATURE X 1 f r ) .t' EPTED BY DATE PURCHASER'S - . - ?' _ A`CF OR HfS AUTHORIZE REPRESENTATIVE CBBB 3/22/2010 11:52:22 AM PAGF ^47/049 a.x Server 3:Ms. Lynnea Hall COMPANY: No 4689272 :°.t`:) MAKE OF VEHICLE MODEL YEAR A- TITLE NUMBER (AB ONOWN MATTACGMD TInE) uRCiWE PRICE b 5 ( f4 0 65836967201 KTA 0£1 Sae NOW on Rr-em) CIE T CATIO N MSER OOWI ON 6800.0 Z LESS TfMDEa!'i KN©JE723587476303 00 000 OPAIfi OPaoR f Nt7IAC Gmc $t1 ,04twC NAME AxA"AMOUNT 10144.0 ? t. sAfea TAx ITt7R .DATE OF BIRTH 8%C 06) 09X7%COT), 606.2 C LAST NAME (OR FULL BUSIN NAME) FIRST E MIDDLE NAME PADLIPHOTO IDN (Sta NoM an Rrmw). OR Bus. ID# v HALL,LYNNEA A PURCHASER lA FIRST NAME MI PADIJPHOTOIEW I p d`N'. t 4 .' "" ?? Ca w>. fs o 32 SALT RD .-S C 2. TITLE FEE CITY STATE COrDyE DATE ACQUIRE/D! REFER TO COUNTY CODES 170? P16/ 09 LIST94G ON REVERSE SIDE 5-00 OF Yp•LOVY CgpY S. LIEN FEE LAST NAME (OR FULL BUSINESS NAME) FIRST NAME MIDDLE NAME PA BUS. IDk I DATE OF 816TH 4. ReglUMVION OR u y PROCE9SIN0 FEE IY PUR £ MIDDLENANIE PADUPHOTOIDN OF IMRTH - - - FEE EXEMPT NUMBER - AS ASSIGNED BY THE STREET COUNTY DEPARTMENT CODE S DUPLICATE REQ n ?"! FEE NO.OP p CARDS e5 CITY STATE ZIP CODE DATE ACQUIRED/ PURCHASED REFER TO COUNTY CODES TRANSFER PEE 6,0 LISTING OI•i REVERSE SIDE OF YELLOW COPY MAKE OF VEHICLE VEHICLE IDENTIFICATION NUMBER T. INCREASE FEE WW HONDA 1HGCi366S02A135556 MOOELYEAR 1500Y TYPECP, ,ETC.) visae'pi'CONOt ON -1 , - .. `..---- . .:: ._BE.EL?Sr -EMT. - O GOOD D FAIR O POOR TOTAL PAID g' Ilk ER OR PREVIOUSLY ISSUED PLATE (ADD 7 THRU 8) 639.74 ' O PLATE TO BE ISSUED BY DEPARTMENT (PROOF OF TRANSFER 6 RENEWAL OF PLATE 11. GRAND 7T7FAL 9END ONE CHECK IN INSURANCE MUST BE TRANSFER S REPLACEMENT OF PLATE (ADD 9 619) 639.7 ATTACHED,) TRANSFER OF PLATE 6 REPLACEMENT OF STICKER TtttS A?46UNT O EXCHANGE PLATE TO OF LATE.M-G 77 - - " 'REASON FOR REPLACMENT ISSUED BY DEPARTMENT - O LOST O DEFACED O STOLEN O NEVER RECEIVED &ad in Me O TEMPORARY PLATE ISSUED EXPIRES ?1 a NOTE: II'NEVER RECEIVED' block Is dmK*ed, applicant wAM compte" Form MV-44. ZZ SY FULLAGENT Month 04 Yeti - 09 1 O - TRANSFERRED FROM TIRE NO. VIN 1HGCG66502AA135556 SIGN HEFT RELATIONSHIP APPLICANT a I Me PLATE NQ. OTT RTTHANAPTPU NT D Q WEIGHT Gi coma. GROSS. WT. SAS %jjAq INS. G0. POIICYNO.(OR 6951 98263$K POUCYEFF 21E26-09 RA 26-C IDATE IHAVECH CHOCKED DAY I A M ER E8 $4SOFR ISSUING I HAVE CHECKED TO TO DETERMINE THAT WE VEHICLE IS INSURED AND AGENT ISSUED TEMPORARY REGISTRATION TO THE ABOVE APPLICANT, IN LgSUI E?P?'?NE.?Q. ?I INFORMATION COMPLIANCE WITH ALLAPPLICABLE PROVISIONS OF THE VEHICLE TG t / "' / b 6 - 8 `t 2 2 CODE AND DEPAF4R?CuTAMME,NTREGULATIONS. C, ( ) PURCHASER FURTHER* ?y£iiFi€$f4Ii'L?riE )ms's E+'t'1?"B'?.f v'?r= TIL?NV(A)•-iJlA10Si?(? F,1 REOISTRATION(B) FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY ON THE CURRENTLY REGISTERED VEHICLE FOR THE PERIOD OF REGISTRATION, UWE ACKNOWLEDGE THAT NNE W 4 BE SUBJECT TO A FINE NOT EXCEEDING $5,000 AND IMPRISONMENT OF NOT MORE THAN TWO YEARS FOR ANY FALSE STATEMENT THAT WYE MAKE ON THIS FORM. ?y Q c? 1ST Signature Of First Purchaser orAuUlatzed Signx '"l 7 720- 1218 ASSIGN- i,2natureofCo-FtwOomdTMoofAugwrkod$lgror 2ND Slgneture of Seoond Pu r or Augwrlmd SIww wel" w No. ASSIGN- ( ) MENT WOMIX" o tar H £ NOTE! IFACO-PURCWLSEROTHERTHANYOURSPOUSEISUSTEDANDYOUWANTTHETITLETOBELISTEDAS'JOINTTENANTSWITHRIGHTOFSURVIVORSHIP"(ORDEATHOFONEOWNE YT, TITLE GOES TO SURVIVING OWNER) CHECK HERE O. OTHERWISE, THE TITLE WILL BE ISSUED AS TENANTS IN COMMON` (ON DEATH OF ONE OWNER INTEREST OF DECEASED OWN GOES TO HISMER HEIRS OR ESTATE.) NOTE' IF THE VEHICLE IS TO BE USEDAS AOAItY RENTAL OR LEASED VEHICLE. CHECK THIS BLOCK O. IF BLOCK IS CHECKED. COMPLETE AND ATTACH FORM MV-1L MESSENGER NUMBER: 3/22/2010 11:52:29 AM PACE 027/049 Fa.x Server 3:Ms. .ynnea Hall COMPANY: W W dF Q p i > Z ce a ? w V3 0 CL z w. Q 0 N W z ? g a ? > ?a m z ? ?o tu ? > LOL c w ? CL 2 ? HW 21E z Vzcm ¢ a a k2l cc 8 a -52• m 3&M ter. v r w Cc' zQ a v{ T Zcc To OU u 6 (q 'Z a Es maid Ck W >- LLQ cc z ? ? s ¢A m } a a: w a CC 1.1 8 aim w goo € r i' 2 GCI w r S 9. T ?,r 4 W LL, X??R f LJ' 4, 4 s 1A'':,,<a, ".18 J gin c3':<> ° P . ev?.M ? w ol ? rs ? W .,o ??.. v a h x H 2 ? W E D J4 L 2 0 9 9 L ©s h o J J a ??oo «J m w H KIA MOTORS WARRANTY AND CONSUMER INFORMATION MANUAL PLAINTIFF'S EXY@IT J J Q 2.0 Welcome from Kla The latest engineering techniques have been incorporated into the design and production of your Kia Vehicle. From the moment you get behind the wheel of your new Kia Vehicle, you'll notice how satisfying it feels; a feeling you'll . appreciate for as long as you own your Kia Vehicle. You'll also be pleased by how strongly we stand behind every Kia Vehicle. The New vehicle 60 month/60,000 Miles Limited Warranty described in this manual is one of the finest available. This warranty and consumer manual details the warranties provided by Kia. You should consult this manual and your Owner's Manual to ascertain the maintenance intervals we recommend you follow to maximize the enjoyment and performance of your Kia Vehicle. In addition, your Authorized Kia Dealer will take care of your service needs using Genuine Kia Parts. Your Authorized Kia Dealer will do all they can to ensure that your vehicle continues to meet all of your expectations. At Kia, it's not enough to sell vehicles that look pleasing in the showroom. We're committed to making sure you enjoy your Kia for years to come. 2 ?T MR, iii Warranty Coverage at a Gla nce This overview chart illustrates war t ran y coverage and term by months and miles. Please refer to the appropriate sections in this book for detailed information regarding each of these w arranties. WARRANTY TERM(whichever comes first) Mamlis in MILES IN SERVICE Service 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90 Basic 000 100 000 15 , , 0,000 60 Power Train'i 60 000 , 120 Service Adjustment 12 on nal owner oM 100,000 Original Equipment Battery 12,000 Paint 24 Unlimited Audio/Entertainment 36 36,000 Anti-Perforation 36 36,000 60 Emissions Defect 100, 000 • Any Related Parts 24 '? • Specific Parts 24,000 96 Emission Performance 80,000 u• • Any Related Parts 24 24,000 • Specific Parts 96 ` .' F _ Emissions Defect 80,000 • `Q • Any Related Parts F 36 - 50 000 , • Specific Parts*2 84 • Spectra suL3 180 70,000 Emission Performance 36 150 000 , Replacement Parts & Accessories 50,000 12 12'000 TOTE: Tires are warranted by the tire O manufacturers. ' 1 Original owner 120 Months/100,000 Miles Second and Subsequent Owner(s) 60 Months/60 '2 Except those specified parts covered b 000 M D , iles. y the Federal Emission Performance Warranty. '3 Spectra SULEV covers specific parts for 180 months / 150 000 il , m es, whichever occurs first. 3 r. i What is Covered Kia warrants that your new Kia Vehicle is free from defects in material or workmanship, subject to the terms and conditions set forth in this manual. An Authorized Kia Dealer will make necessary repairs, using new or remanufactured parts, to correct any problem covered by this limited warranty without charge to you. 1. The Warranty Period The New Vehicle Limited Warranty is divided into various warranty periods. For the purpose of all warranties contained in this Manual(other than warranties on replacement parts or accessories installed after the Kia Vehicle was placed into use), the warranty period begins on the Date of First Service. "Date of First Service" means the fast date the Kia Vehicle is delivered to the first retail purchaser, is leased or is placed into service as a company vehicle use (e.g., as a demonstrator, rental or fleet vehicle), whichever is earliest. Moreover, whenever this manual refers to a warranty period of months/miles, it means whichever comes first. Any remaining portion of any warranty, except the 120 month/100,000 mile Power Train (Original Owner) warranty, is fully transferable to subsequent owners. 4 2. Warranty Coverage • Basic Warranty Coverage Except as limited or excluded below, all components of your new Kia Vehicle are covered for 60 months/60,000 miles from the Date of First Service, whichever comes first (Basic Limited Warranty Coverage). This Warranty does not cover wear and maintenance items, or those items excluded elsewhere in the Manual. See "Exceptions" and "What is Not Covered." Parts replaced under any warranties in the Manual become the property of Via. • Power Train Coverage For Original Owners (defined below), the Power Train Limited Warranty begins upon expiration of the 60 month/60,000 mile Basic Limited Warranty Coverage, and will continue to cover the following components up to 120 months or 100,000 miles from the Date of First Service, whichever comes first. It does not cover normal wear and tear, maintenance, or those items excluded elsewhere in this manual. See "Exceptions" and "What is Not Covered." rKI 7A ents 60 ,ice, mty and ded and oral ver the my ing om It or See The items covered by the Power Train Limited. Warranty include: - In the Engine: Cylinder block, cylinder head and all internal parts, timing gear, seals and gaskets, valve cover, flywheel, oil pump, water pump. - In the Transaxle: Transmission case and all internal parts, torque converter, drive shafts, universal joints, front hubs, bearings, seals and gaskets. - In the Axles: Axle shafts and C-V joints (couplings), seals, hub and wheel bearings. - In the Transmission: Transmission case, transfer case, torque converter and all internal parts, seals, and gaskets. - In the Differentials: Front and rear differential assemblies, cases, all internal parts, seals and gaskets. - In the Propeller Shafts: Drive shafts, universal joints. 5 • Original Owner An Original Owner is defined as the first retail purchaser or lessee of the Kia Vehicle who takes delivery of the Kia Vehicle on its Date of First Service. If the Kia Vehicle was first placed in service as a lease vehicle, and the lessee purchases the vehicle at the end of the lease, the 120 month/100,000 mile Power Train Limited Warranty remains in effect. The Power Train Limited Warranty is not transferable to subsequent owners. • Vehicles Placed in Commercial Service The 120 month/100,000 mile Power Train Limited Warranty also excludes all coverage for any Kia Vehicle that has been placed into any form of commercial service, including but not limited to taxi, route delivery, livery service, or rental. • Adjustment Coverage Service Adjustments are covered for the first 12 months/12,000 miles. Service adjustments means minor repairs not usually associated with the replacement of parts, such as wheel balance and Z M r y-+ .J alignment, freeplay or tension adjustments of cables, belts, levers and pedals, engine adjustments (idle speed, etc), body parts and fittings. I Exceptions The items specified below are covered for periods different from the basic coverage. • Air Conditioner Refrigerant Charge Air conditioner refrigerant charge is covered for the fast 12 months of the warranty period regardless of mileage. Over the balance of the warranty period, refrigerant charge is covered only when replenished as part of a warranty repair. • Audio / Entertainment System An original equipment radio, cassette, tape drive or compact disk player, OE DVD / RSE (Rear Seat Entertainment System) is covered for the first 36months/36,000 miles. • Battery Warranty Coverage 6 The original equipment battery is covered by a limited warranty a period of 24 months, regardless of mileage. During 24 months of the warranty period, a defective battery will be replaced at no cost to you. Kia will cover diagnostic, installation and replacement battery costs. Kia will not reimburse you for any portion of the cost of a non-Kia replacement battery. 4. z f Kl A? ':)y a • Paint ;s of paint repairs are covered for the first 36 A, a Months/36,000 miles. you. and • Seat Belt Warranty-Kansas The seat belts in Kia Vehicles originally sold in the cost State of Kansas are covered under the New Vehicle Limited Warranty for a period of 10 years, regardless of mileage, when the repairs are performed by an Authorized Kia Dealer in Kansas. 4. Limited Liability The liability of Kia under this warranty is limited solely to the repair of Kia-supplied replacement of parts which are defective in material or workmanship: Such repair or replacement shall be carried out by an Authorized Kia Dealer at its place of business, and specifically does not include any expense for or related to transportation to such a dealer or payment for loss of use of the Kia Vehicle. 7 Z n` (D SS2 '. QY --Z Ca a CZ TS _J V? CD " Your Responsibilities in Order to Maintain Your Warranties To Get Warranty Service You must take your Kia Vehicle, along with this manuE to an Authorized Kia Dealer in the United States durir its normal service hours. While any Authorized K. Dealer will perform warranty service, Kia recommenc that when possible you return to the dealership where yc purchased your Kia Vehicle in order to ensure continui in service and maintenance. If you have any questions , need assistance regarding this warranty, refer to "Whe You Need to Talk to Kia" starting on page 43. Maintenance You are responsible for properly operating and maintaining your Kia Vehicle in accordance with the instructions described in your Owner's Manual. If your vehicle is used under severe driving conditions, you must follow the maintenance requirements described in your Owner's Manual for severe driving conditions in order to maintain your warranties. Other Terms This warranty is applicable to Kia Vehicles registered an normally operated in the United States. Maintenance Records You should retain maintenance records since it may be necessary in some instances for you to prove that the required maintenance has been performed. The "Scheduled Maintenance Record" beginning on page 36 should be filled in when regular maintenance is performed. Keep all receipts and make them available in case questions rise about the services requested and provided. 10 Service and Maintenance Outside the United State If you are going to be driving outside the United States, is important that you contact us at (800) 333-4542 order to determine what service and warranty coverage available in the area you will be travelling. Manual, during d Kia rends re you tinuity ons or When d and hates rtes, it 42 in age is THE DURATION OF ALL IMPLIED WARRANTIES, IF ANY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS, ARE LIMITED RESPECTIVELY TO THE DURATION OF THESE EXPRESS WARRANTIES. THESE WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER EXPRESSED WARRANTIES (EXCEPT ANY SET FORTH SEPARATELY IN THIS MANUAL) ON THE PART OF KIA MOTORS AMERICA, INC. OR THE AUTHORIZED KIA DEALER SELLING YOUR KIA VEHICLE. NO DEALER, OR ANY AGENT OR EMPLOYEE THEREOF, OR ANY OTHER PERSON, IS AUTHORIZED TO EXTEND OR ENLARGE THESE WARRANTIES. KIA MOTORS AMERICA, INC. SHALL NOT BE LIABLE FOR ANY ECONOMIC LOSS, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY SERVICE NOT EXPRESSLY PROVIDED FOR HEREIN. 11 Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusion may not apply to you. This warranty gives you specific legal rights, and you many also have other rights which vary from state to state. Z. C . n r i ,J a Kia Motors America, Inc. warrants that the body sheet metal panels of your new Kia Vehicle are free from defects in materials or workmanship which could result in perforation (a hole through the body panel) due to corrosion, subject to the following terms and conditions. An Authorized Kia Dealer will either repair or replace without charge to you any body sheet metal panel perforated due to corrosion resulting from defects in material or workmanship under normal use. 1. Warranty Period The warranty period is for the first 60 month/100,000 miles from the date of first retail delivery or when it is first put into service, whichever comes first. 2. What is Not Covered • Any perforation due to corrosion of the Kia Vehicle which is caused by industrial fallout, accident, damage, abuse, vehicle modifications or damaging or corrosive cargo in the Kia Vehicle. • Any surface corrosion of the Kia Vehicle which does not result in perforation, such as that caused typically by sand, salt, hail or stones • Any perforation due to corrosion of a part of the Kia Vehicle which is not a body sheet metal panel. As used herein, "body sheet metal panel" specifically excludes all parts which are components of the exhaust system of the Kia Vehicle. • Defects or damage resulting from the use of parts not sold or approved by Kia including the resultant damage to associated parts or systems. • Any perforation due to corrosion of the Kia Vehicle caused in whole or in part by a failure to maintain the Kia Vehicle in accordance with the procedures specified in paragraph 3. "Your Responsibilities" Q' 12 he el. ply he its art ra to he ur 3. Your Responsibilities Inspect the body sheet metal panels of your Kia Vehicle on a regular basis (at least monthly) to detect any chips or scratches in the paint or protective coating and to repair them immediately. Special care should be taken to protect your Kia Vehicle from corrosion under the following conditions: • If you drive on salted roads, or if you drive near the ocean, flush the underbody as needed, and at least weekly with clean unsalted water. • It is important to keep the drain holes in the lower edges of the body clear. • If your Kia Vehicle is damaged due to an accident or any event which may cause damage to the paint, have your Kia Vehicle repaired as soon as possible. • If you carry special cargo, such as chemicals, fertilizers, deicing salt, or other corrosive substances, be sure that such materials are well packaged and sealed. Any leakage of such materials will void this warranty where the leakage has occurred. • If you drive frequently on gravel roads, we recommend that you install stone guards behind each wheel. 13 4. To Get Warranty Service You must take your Kia Vehicle, along with this manual, to any Authorized Kia Dealer in the United States during its normal service hours. If you have any questions or need assistance regarding this warranty, refer to the "When You Need to Talk to Kia" starting on Page 43. 5. Limited Liability The liability of Kia under this warranty is limited solely to the repair or replacement of Kia-supplied parts defective in material or workmanship by an Authorized Kia Dealer at its place of business, and specifically, does not include any expense of or related to transportation to such a dealer or payment for loss of use of the Kia vehicle during warranty repairs. 6. Other Terms The "Other Terms" stated on page 10 in the New Vehicle Limited Warranty section of this manual also apply to this warranty. M 0 0.. r rX Emission Warranty Definitions (a) "EPA" means the U.S. Environmental Protection Agency. (b) "Owner" means the original and each subsequent owner of a Kia Vehicle. (c) "Kia Part" means a part sold by an Authorized Kia Dealer, whether new or remanufactured, and supplied by Kia. (d) "Emission Warranty Part" means a catalytic y,. converter, thermal reactor, or other component installed on or in a Kia Vehicle by or at the direction of Kia for the sole or primary purpose .; > of reducing the Kia Vehicle's emissions (not including those vehicle components which were ?-+ .. = in general use prior to model year 1968 and the primary function of which is not related to U emission control). A list of typical Emission Warranty Parts is set forth at the end of this i 0 warranty. W (e) "Certified Part" means a replacement part for a Kia Vehicle certified in accordance with after market part certification regulations issued by the EPA. (fl "Written Maintenance Instructions" means those maintenance and operation instructions, together with the time and/or mileage interval at which such maintenances are to be performed, specified in the Owner's Manual for the Kia Vehicle or this Warranty and Consumer Information Manual as being necessary to assure compliance of the Kia Vehicle with applicable emission standards during the term of this warranty, as specified by law. i 1 t 4 1< P V C( of W thl th, Oc the the pen or Err 14 Emission Defect Warranty Vehicles Equipped with a California Certified Emission Control System and registered or normally operated in the State of California or any other state *that adopts California emission warranty provision are also entitled to the California Emission Warranty, (See to Page 25 of this Manual). *California, Connecticut, Massachusetts, New Hampshire, New York, Rhode Island, Vermont. Kia Motors America, Inc. warrants to the ultimate purchaser, and each subsequent purchaser, that your Kia Vehicle is (1) designed, built, and equipped so as to conform at the time of sale with the applicable regulations of the United States Environmental Protection Agency (the "EPA"), and (2) free from defects in materials and workmanship which would cause it to fail to conform with the applicable regulations for a period of vehicle operation that does not exceed 24 months or 24,000 miles, whichever occurs first, if the failed Emission Warranty Part is listed in the 24 Month/24,000 Mile Emission Warranty Parts List at the end of this Federal Emission Control Warranty or for a period of vehicle operation that does not exceed 96 months or 80,000 miles, whichever occurs first, if the failed Emission Warranty Part is listed in the 96 Month/80,000 15 Mile Emission Warranty Parts List at the end of this Federal Emission Control Warranty. The applicable warranty period shall begin on either the date the Kia Vehicle is sold to the first retail owner, or on the date the Kia Vehicle is first placed in service (for example if used as a demonstrator, lease, or company car), whichever is earlier. If there should be such defects within this period, Kia will, at its option, repair or replace them with new or 1emanufactured parts, free of charge at an Authorized Kia Dealer in the United States and the liability of Kia under this warranty is solely limited to such repair or replacement. This warranty does not apply to or include repair or replacement required, not as a result of defects in materials or workmanship of Ma but, as a result of such factors as (i) accidents, (ii) misuses, (iii) lack of proper maintenance, (iv) repairs improperly performed or replacements improperly installed by any person other than a Kia Dealer, (v) a replacement part or accessory not conforming to the Kia specifications, or (vi) any of the items listed under "What is Not Covered" in the New Vehicle Limited Warranty on pages 8-9 and "Other Items Not Covered by this Warranty" on page 20 of this manual. Za% 0 1, lei V O CO)! ,W LLW This warranty is given in lieu of all other express or implied warranties on the part of Kia Motors America, Inc. or the Authorized Kia Dealer selling the Kia Vehicle. No dealer, or any agent or employee thereof, or any other person, is authorized to extend or enlarge this warranty. The "Other Terms" stated on page 10 of the New Vehicle Limited Warranty section of this manual also apply to this warranty. 16 Emission Performance Warranty Important Notice: This warranty has been prepared in accordance with certain regulations promulgated by the EPA which provide that a remedy will be available under this warranty only when a vehicle fails an EPA approved emission short test, generally under circumstances which subject the Owner to a penalty under local, state or federal law because of such failure. As of the date of the printing of this warranty, many states did not have vehicle inspection programs for testing vehicles for conformity with such short test and had not enacted laws subjecting vehicle Owners to such penalties. Therefore, it is possible that in many states or local areas no remedy will be available under this warranty as a matter of law. 1. Warranty Pursuant to Section 207 (b) of the Clean Air Act, Kia warrants to each Owner that if. (a) The Kia Vehicle is maintained and operated in accordance with the Written Maintenance Instructions; and (b) The Kia Vehicle fails to conform at any time during the term of this warranty to the applicable 17 emission standards of the EPA, as judged by an emission test approved by the EPA; and (c) Such nonconformity results or will result in the Owner having to bear any penalty or other sanction (including the denial of the right to use the Kia Vehicle) under local, state or Federal law, Kia shall remedy the nonconformity at no cost to Owner except that if the Kia Vehicle has been in operation for more than 24,000 miles or 24 months since the date of retail delivery or first use of the Kia Vehicle, Kia shall be required to remedy the nonconformity only if it results from the failure of an Emission Warranty Part listed on the 96 Month/80,000 Mile Emission Warranty Parts List. 2. Term of Warranty This warranty shall commence on either the date the Kia Vehicle is sold to the first retail delivery or owner, or on the date the Kia Vehicle is first placed in service (for example, a demonstrator, lease, or company car use), whichever is earlier. This warranty shall be effective for a period 2 years or 24,000 miles rn N O X ? C L L .U . Q from such date, whichever occurs first, except that if the failure to conform to applicable emission standards results from the failure of a part listed on the 96 Month/80,000 Mile Emission Warranty Parts List at the end of this Federal Emission Control Warranty, this warranty shall be effective for a period of vehicle operation that does not exceed 96 months or 80,000 miles, whichever occurs first. 3. Owner's Warranty Responsibilities Each Owner is required to comply with the Written Maintenance Instructions and a claim under this warranty may be denied on the basis of noncompliance by the Owner with such instructions. If and when it is considered that the vehicle's nonconformity with the applicable emission standards has resulted from the Owner's noncompliance with those Written Maintenance Instructions which the manufacturer considers necessary for the vehicle; to meet the standards, the Owner may be required to submit evidence of such compliance, and therefore, receipts and other documents covering the performance of scheduled Maintenance Service and proper use in accordance with the Written Maintenance Instructions, including 18 but not limited to validated Scheduled Maintenance 6. Record of this manual, should be retained by the Owner and should be transferred to each subsequent Owner of the Kia Vehicle. 4. Use of Kia Parts The Kia Vehicle is designed, built and tested using Kia Parts so that the Kia Vehicle is able to perform in conformity with EPA regulations as provided by this warranty. Accordingly, it is recommended that any replacement parts used for maintenance, repair or replacement of the Kia Vehicle be Kia Parts, or parts equivalent to those with which the Kia Vehicle or its engine was originally equipped. 5. Use of Non-Kia Parts Owner may elect to use Certified Parts other than Kia Parts in the performance of any maintenance or repairs and such use in itself will not invalidate this warranty. However, use of other than Kia Parts may cause Kia to deny an Emission Performance Warranty claim if the Certified Part used is either defective in materials or workmanship or not equivalent from an emission standpoint to Kia Parts. ice 6. Repair or Replacement by an Authorized Kia he Dealer ;nt Your Kia Dealer shall make all adjustments, repairs or replacements necessary to assure the Kia Vehicle complies with applicable emission standards of the ng EPA and that the Kia Vehicle will continue to comply in during the remainder of the term of this warranty (if its proper maintenance and operation are continued). ay 7. Warranty Claim Procedures or its A warranty claim may be submitted by presenting the its Kia Vehicle to any Authorized Kia Dealer during the Authorized Kia Dealer's regular business hours, together with a copy of a failed emissions test. Upon presentation of a claim, Kia shall notify the Owner is within 30 days, or such shorter period of time within or which repair is required by local, state or federal law, as that the claim will be honored or shall provide the iy Owner in writing with an explanation of the basis ;e upon which the claim is being denied. ,r X Failure to notify the Owner within such time period shall cause Kia to be responsible for repairing the Ma Vehicle free of charge to the Owner, unless such 19 failure is attributable to the Owner or to events beyond the control of Kia or the Authorized Kia Dealer. 8. Maintenance by Other Than an Authorized Kia Dealer Maintenance, replacement, or repair of the emission control devices and systems covered by this warranty may be performed by any automotive repair establishment or individual using Certified Parts. However, such non-Kia Certified Parts will not be covered by Kia's emission system warranties should such parts fail at a later date. 9. Customer Assistance If you have any questions regarding your warranty rights and responsibilities, you should contact the Kia Motors America, Inc. Consumer Affairs Department toll-free at 1-800-333-4Kia. Or you may write to: Director, Field Operations and Support Division (EN- 397F), Environmental Protection Agency, 401 M Street, S.W., Washington, DC 20460. rn 3: row U)• 0 M: n X Pi, 0 ,0 10. Other Items Not Covered by This Warranty In addition to the above provisions, this warranty does not cover the following: (a) Damage resulting from such factors as accidents, acts of nature or events beyond the control of Kia. (b) Any economic: loss, incidental, special, consequential, or exemplary damages (whether in contract or tort), including, but not limited to, loss of time, inconvenience, loss of use of the Kia Vehicle, cost of transporting the Kia Vehicle to an Authorized Kia Dealer or other repair establishment for repair or service, lodging, car rentals, travel costs, loss of pay and any other expenses or damages. (c) Any repair of a Kia Vehicle on which the odometer mileage has been altered or on which the actual mileage cannot be readily determined. 20 (When replacing the speedometer, the "Speedometer Replacement Record" on the inside front cover must be filled in by an Authorized Kia Dealer or any repair establishment utilizing Certified Parts.) This warranty is given in lieu of all other express or implied warranties (except those set forth separately in this manual) on the part of Kia Motors America Inc. or the Authorized Kia Dealer selling the Kia Vehicle. No dealer, or any agent or employee thereof, or any other person, is authorized to extend or enlarge this warranty. This warranty is applicable to all the Kia Vehicles certified for the 50 states, including the State of California. .n iI SS th is is iy is la he Federal Emission Control Warranty PARTS DESCRIPTION Rio Spectra Optima Optima Rondo Rondo 4 Cyl. V6 4 Cyl. V6 Air Induction System 5/60 5/60 5/60 5160 5/60 5/60 Air Cleaner Assembly 5/60 5160 5/60 5/60 5/60 5/60 Intake Manifold T k 5/60 5/60 an Surge Fuel Meterin System 5/60 5160 5/60 5/60 5/60 5/60 Coolant Temperature Sensor 5/60 5/60 5/60 5/60 5/60. 5/60 erature Sensor Air Lem or S Fl i 5/60 5/60 5/60 5160 ens ow A r Manifold Absolute Pressure Sensor 5/60 Vehicle Speed Sensor 5/60 5/60 5/60 5160 5/60 5/60 Wheel Speed Sensor ' 5/60 5/60 5/60 5/60 5/60 5/60 ector FuelIn 5/60 5/60 5160 5/60 5/60 5/60 Fuel Delivery Line Bod tl Th 5160 5/60 5160 5160 5160 5160 y e rot 5/60 5/60 Throttle Position Sensor Idle Speed Control System 5/60 5160 5/60 5/60 5/60 5/60 5/60 5160 Oxygen Sensor 8/80 8/80 8/80 8/80 8/80 8/80 Engine Control Module Transmission Control Unit 8180 Ignition System 5/60 5/60 5/60 5/60 5/60 5/60 Spark Plugs 5160 5/60 5/60 5/60 5160 5/60 Spark Plugs Cable Set 5/60 5/60 5/60 5/60 5160 5/60 Ignition Coil 5/60 5/60 5/60 5/60 5160 5/60 Camshaft Position Sensor 5/60 5/60 5160 5/60 5160 5/60 Crankshaft Position Sensor Valve Timing System 5/60 5160 5/60 5/60 5160 5/60 CVVTAssy 5/60 5160 5/60 5/60 5/60 5/60 Oil Control Valve Assy 5/60 5/60 5/60 5/60 5160 5/60 nil Temperature Sensor 21 1410 V 1 it ih1: Federal Emission Control Warranty PARTS DESCRIPTION Rio Spectra Optima Optima Rondo Rondo 4 Cyl. V6 4 Cyl. V6 Evaporative Control System Vapor Storage Canister 5/60 5/60 5160 5/60 5/60 5/60 Canister Close Valve 5/60 5/60 5/60 5/60 5/60 5/60 Purge Control Solenoid Valve 5/60 5/60 5/60 5/60 5/60 5/60 Fuel Tank 5/60 5/60 5160 5/60 5/60 5/60 Fuel Filler Cap 5160 5/60 5160 5160 5/60 5/60 Vapor Liquid Separator 5/60 5/60 5160 5160 5/60 5/60 ORVR(Vent) Valve 5160 5/60 5/60 5160 5/60 5160 Rollover(Cut) Valve 5160 5/60 5/60 5/60 5/60 5/60 Positive Crankcase Ventilation System PCV Valve and Hose 5/60 5/60 5160 5/60 5/60 5/60 Exhaust Gas Recirculation System EGR Valve EGR Control Solenoid Valve Catalyst and Exhaust System Exhaust Manifold Catalytic Assembly 8/80 8/80 8/80 8180 8/80 8/80 Exhaust Pipe 5/60 5/60 5160 5160 5/60 5/60 Catalytic Converter Assembly 8/80 8/80 8180 8/80 8/80 8180 Miscellaneous Items Used In Above Systems Hose, Clamps,Gasket or Seals 5/60 5/60 5/60 5160 5/60 5160 Wires, Harnesses Connectors 5/60 5/60 5/60 5/60 5/60 5160 All Sensor(Switches Solenoid Valves) associated with the ECM 5160 5/60 5/60 5160 5/60 5/60 Onboard Emission Diagnostic Device Malfunction Indicator Light and Bulb 8/80 8/80 8180 - 8180 8/80 8180 Data Link Connector 8/80 8/80 8/80 7 [770/867 1 8/80 8/80 22 mom, ?Federal Emission Control Warranty L Federal Emission Control Warranty PARTS DESCRIPTION Amanti Sedona Sorento Sportage Sportage 3.3/3/8 4 Cyl. V6 Evaporative Control System Vapor Storage Canister 5/60 5/60 5/60 5/60 5/60 Canister Close Valve 5160 5/60 5/60 5/60 5160 Purge Control Solenoid Valve 5/60 5/60 5/60 5/60 5/60 Fuel Tank 5160 5/60 5/60 5/60 5/60 Fuel Filler Cap 5160 5/60 5/60 5160 5/60 Vapor Liquid Separator 5/60 5/60 5/60 5/60 5/60 ORVR(Vent) Valve 5/60 5/60 5/60 5/60 5160 Rollover(Cut) Valve 5/60 5/60 5160 5/60 5/60 Positive Crankcase Ventilation System PCV Valve and Hose 5/60 5/60 5/60 5/60 5/60 Exhaust Gas Recirculation System EGR Valve EGR Control Solenoid Valve Catalyst and Exhaust System Exhaust Manifold Catalytic Assembly 8180 8/80 8/80 8/80 8180 Exhaust Pipe 5/60 5/60 5/60 5/60 5/60 Catalytic Converter Assembly 8/80 8/60 8/80 8/80 8/80 Miscellaneous Items Used In Above Systems Hose, Clamps,Gasket or Seals 5/60 5/60 5/60 5/60 5/60 Wires, Harnesses Connectors 5/60 5/60 5/60 5/60 5/60 All Sensor(Switches Solenoid Valves) associated with the ECM 5/60 5/60 5/60 5/60 5/60 Onboard Emission Diagnostic Device Malfunction Indicator Light and Bulb 8180 8/80 8/80 8/80 8/80 Data Link Connector 8/80 8/80 8/80 8/80 8/80 24 California Emission Control Warranty Statement Your Warranty Rights And Obligations The California Air Resources Board and Kia Motors America, Inc., are pleased to explain the emission control system warranty on your 2008 Kia vehicle. In California, new motor vehicles must be designed, built and equipped to meet the State's stringent anti-smog standards. Kia must warrant the emission control system on your Kia vehicle for the periods of time listed,. below provided there has been no abuse, neglect or improper maintenance of your Kia vehicle. Your emission control system may include parts such as the carburetor or fuel-injection system, the ignition system, catalytic converter, and engine; computer. Also included may be hoses, belts, connectors and other emission-related assemblies. Where a warrantable condition exists, Kia will repair your Kia vehicle at no cost to you including diagnosis, parts and labor. Manufacturer's Warranty Coverage For 3 years or 50,000 miles, whichever first occurs: 1. If your Kia vehicle fails a Smog Check inspection, all necessary repairs and adjustments will be made by Kia to ensure that your vehicle passes the inspection. This is your emission control system PERFORMANCE WARRANTY. 2. If any emission-related part on your Kia vehicle is defective, the part will be repaired or replaced by Kia. This is your short-term emission control system DEFECTS WARRANTY. For 7 years or 70,000 miles for emission related parts, whichever first occurs : (8 years or 80,000 miles for Federal Emission Control Warranty) If an emission-related part listed in this warranty booklet specially noted with coverage for 7 years or 70,000 miles is defective, the part will be repaired or replaced by Kia. This is your long-term emission control system DEFECTS WARRANTY. For 2008 Spectra SULEV (Super Ultra Low Emission Vehicle) vehicle certified as partial zero-emission vehicle (PZEV) only, all parts covered under the PERFORMANCE WARRANTY and the DEFECT WARRANTY, which are listed in this warranty booklet on the Emission Warranty Parts List, are warranted for 15 years or 150,000 miles, whichever occurs first. 25 KIA M Nr. Q n V Owner's Warranty Responsibilities As the Kia vehicle owner, you are responsible for the performance of the required maintenance listed in your owner's manual. Kia recommends that you retain all receipts covering maintenance on your vehicle but Kia cannot deny warranty solely for the lack of receipts or for your failure to ensure the performance of all scheduled maintenance. You are responsible for presenting your Kia vehicle to a Kia dealer as soon as a problem exists. The warranty repairs should be completed in a reasonable amount of time, not to exceed 30 days. As the Kia vehicle owner, you should also be aware that Kia may deny you warranty coverage if your Kia vehicle or a part has failed due to abuse, neglect, improper maintenance or unapproved modifications. If you have any questions regarding your warranty rights and responsibilities, you should contact Kia Motors America, Inc., Consumer Affairs Department at 1-800- 33341Cia or the California Air Resource Board at 9528 Telstar Avenue, El Monte, CA 91731. 26 Coverage Kia Motors America, Inc. (Kia), warrants to the owner that any vehicle certified for sale in the State of California anc registered in the State of California is designed, built and equipped so as to conform with the emissions standards adopted by the California Air Resources Board. Kia warrants that this vehicle is free from defects in material and workmanship which would cause any part on this vehicle which affects emissions to fail to conform with applicable requirements or to fail to pass a required state smog check test for 3 years or 50,000 miles, whichever occurs first. Kia also warrants that, any part on the warranted emissions parts list in this warranty and installed as original equipment, is free from defects in material and workmanship which would cause this vehicle to fail to conform with applicable regulations for 7 years or 70,000 miles, whichever first occurs. For 2008 Spectra SULEV (Super Ultra Low Emission Vehicle) vehicle certified as partial zero-emission vehicle (PZEV) only, all parts covered under the PERFORMANCE WARRANTY and the DEFECT WARRANTY, which are listed in this warranty booklet on the Emission Warranty Parts List, are warranted for 15 years or 150,000 miles, whichever occurs first. that and and 3rds Kia trial this vith state ;ver the 11ed and 1 to p00 ,ion ;ion the ,CT klet for Warranty Service To obtain warranty service, return the vehicle to any authorized Kia dealer. Service will be performed without charge for diagnosis, parts and labor. In case of emergency, see Emergency Service Instructions. Exclusions This warranty does not apply to failures caused by abuse, tampering or lack of maintenance; or to any vehicle on which the odometer mileage has been altered so that the vehicle's actual mileage cannot be determined. STATEMENT OF OWNER'S RIGHTS AND OBLIGATIONS What Is Covered By The Warranty If a vehicle fails a state Smog Check test during the coverage period, Kia will repair the vehicle so that it will pass a state Smog Check retest. The owner should take the vehicle to any authorized dealer for Warranty repairs and present a copy of the failed Smog Check test report to the dealer. If the owner is not notified within 30 days that a performance warranty claim is not valid then the manufacture is required to repair the vehicle free of charge. 27 In addition, if a warranted part fails because of a defect, Kia will repair or replace it at any authorized Kia dealer. Any other parts damaged by the failure of a warranted part will also be repaired or replaced. The repair and/or replacement will be made at no charge to the owner for parts, labor and diagnosis. For emergency situations, see the instructions under Emergency Service. How Long Does The Warranty Last The warranty shall apply for 3 years or 50,000 miles, whichever occurs first, except that those parts listed on the warranted parts list are covered for 7 years or 70,000 miles, whichever first occurs, for 2008 Spectra SULEV (Super Ultra Low Emission Vehicle) vehicle certified as partial zero-emission vehicle (PZEV) only, all parts covered under the PERFORMANCE WARRANTY and the DEFECT WARRANTY, which are listed in this warranty booklet on the Emission Warranty Parts List, are warranted for 15 years or 150,000 miles whichever occurs first. Where parts are scheduled for replacement as required maintenance, the warranty shall apply until the first scheduled maintenance point listed in the Owner's Manual. This warranty begins on the date the vehicle is delivered to the original purchaser or on the date the vehicle is first placed in service, whichever occurs first. Chi rn 0 'n 0 04. 0 ---h " .0 What The Owner Must Do it is your responsibility to perform the required maintenance and use the vehicle in accordance with Kia's written instructions. Warranty coverage will not be denied solely because there is no record of maintenance. However, failures caused by lack of required maintenance are not covered by the warranty. To avoid questions as to whether the vehicle maintenance has been performed, Kia urges that you retain all receipts and/or maintenance records indicating that service has been performed on the vehicle and these documents should be transferred to any subsequent owner of the vehicle. Service MAINTENANCE SERVICE CAN BE PERFORMED BY ANY QUALIFIED SERVICE OUTLET OR BY THE OWNER. HOWEVER, EXCEPT IN AN EMERGENCY SITUATION (SEE EMERGENCY SERVICE), WARRANTY SERVICE MUST BE PERFORMED BY AN AUTHORIZED KIA DEALER. 28 Parts IT IS RECOMMENDED THAT ANY REPLACEMENT PARTS USED FOR MAINTENANCE OR FOR THE REPAIR OF EMISSIONS CONTROL SYSTEMS BE NEW, GENUINE KIA PARTS. However, the warranty obligations are not dependent upon the use of any particular brand of replacement parts. The owner may elect to use non-Kia parts for maintenance purposes. Use of replacement parts which are not of equivalent quality may impair the effectiveness of emissions control systems. What Is Not Covered By Emission Warranty Malfunctions in any part caused by misuse, alteration, tampering, disconnection or improper or inadequate maintenance. Damage to catalytic converter due to use of leaded gasoline. Damage resulting from fire, accident, negligence, act of God or other events beyond the control of Kia. Maintenance replacement parts (such as spark plugs) beyond the fast scheduled replacement point. NWNNM KIA Incidental or consequential damages such as loss of use of r the vehicle, loss of time, inconvenience, expense for B gasoline, telephone, travel or lodging. Any vehicle on which the odometer mileage has been y altered so that actual vehicle mileage cannot readily be y determined. (When the Owner replaces the speedometer y or has it replaced by a repair facility, then the e "Speedometer Replacement Record" on the inside front y cover must be filled in by an Authorized Kia Dealer.) 11 Loss or damage to personal property, loss of revenue, commercial loss or other matter not specifically included. Damage resulting from the use of a non-Kia part. e Emergency Service If emergency Emission Control System Warranty service d is required and the owner is unable to readily locate an authorized Kia dealer or if a warranted part is not available within 30 days, then, repairs may be performed )f at any available service establishment, or by the owner, using any replacement part. Kia will reimburse the owner for the owner's expenses including diagnostic charges for such emergency repair or replacement at Kia's suggested 29 retail price for all warranted parts replaced and labor charges based on Kia's recommended time allowance for the warranty repair and the geographically appropriate hourly labor rate. Replaced parts and copies of paid original receipts must be available for presentation to Kia as a condition of reimbursement for these emergency repairs. In addition, the owner must provide Kia a detailed description indicating why the situation was considered an emergency and why an authorized Kia dealer was not available. Additional information may be obtained by calling 1-800-3334Kia. A repair not being complete within 30 days constitutes an emergency. ATTACHED IS A LIST OF COMPONENTS WARRANTED AGAINST DEFECTS IN MATERIAL AND WORKMANSHIP FOR 7 YEARS OR 70,000 MILES ON VEHICLES/ENGINES AS NOTED. m- y n 0 .S ?r L' . Q, 0 r• V California Emission Control Warranty PARTS DESCRIPTION Rio S ectra S ectra O tima Optima Rondo Rondo SULEV 4C I. V6 4C I. Air Induction System 5/60 5/60 5/60 5/60 5160 5/60 Air Cleaner Assembly 7170 7/70 7170 7n0 7170 7170 W717 Intake Manifold 7170 Surge Tank Fuel Meter' System 5/60 5/60 5/60 5160 5/60 5/60 5160 Coolant Temperature Sensor 5/60 5/60 5160 5/60 5/60 5/60 5160 Air Temperature Sensor 5/60 5/60 5160 5/60 Air Flow Sensor Manifold Absolute Pressure Sensor 5/60 Vehicle Speed Sensor 5/60 5/60 5/60 5/60 5/60 5160 5160 Wheel Speed Sensor 5/60 5/60 5/60 5/60 5/60 5/60 5/60 Fuel Injector 5/60 5/60 5/60 5160 5160 5/60 5/60 Fuel Delivery Line 5/60 5/60 5/60 5/60 5/60 5/60 5/60 Throttle Body Throttle Position Sensor 5160 5/60 5/60 Idle Speed Control System 5/60 5/60 5/60 5160 5/60 5/60 5/60 5/60 5/60 5/60 Oxygen Sensor 8180 8 80 8/80 8/80 8/80 8/80 8/80 Engine Control Module Transmission Control Unit 8/80 8/80 Ignition System 5/60 5160 5/60 5/60 5160 5160 5/60 Spark Plugs 5/60 5/60 5/60 5160 5160 5/60 5160 Spark Plugs Cable Set 5/60 5/60 5/60 5/60 5/60 5/60 5/60 Ignition Coil 5/60 5/60 5/60 5160 5/60 5/60 5160 Camshaft Position Sensor 5160 5160 5/60 5/60 5/60 5/60 5/60 Crankshaft Position Sensor Valve Timing System 5/60 5/60 5160 5160 5/60 5/60 . Assy CVVT 5160 5/60 5/60 5/60 5/60 5160 Oil Control Valve Assy 5/60 5160 5160 5160 5/60 5/60 Oil Temperature Sensor r the first scheduled replacement time or mileage, whichever occurs first. d t i o , o y per Spark plugs shall be warranted for the emissions warran mission vechide(PZEV) only are warranted for 15 ears or 150,000 miles(whichever occurs first.) M zero-e NOTE : The above all parts for Spectra SULEV vehicle certified as pa 30 California Emission Control Warranty rHn t utSC;HIPTION Rio Spectra Spectra Optima Optima Rondo Rondo Evaporative Control System SULEV 4 Cyl. V6 4 Cyl. V6 Vapor Storage Canister 5/60 5/60 5/60 5160 5/60 5/60 5160 Canister Close Valve 5160 5/60 5/60 5/60 5/60 5/60 5/60 Purge Control Solenoid Valve FuelTank 5/60 5/60 5/60 5/60 5/60 5160 5/60 5/60 5/60 7/70 7170 7170 7110 uel Filler Ca P p Vapor Liquid Separator 5/60 5/60 5/60 5/60 5/60 5/60 5160 5/60 5/60 5/60 5/60 5/60 ORVR(Vent) Valve 5/60 5/60 5/60 5/60 5/60 5/60 Rollover(Cut) Valve Positive Crankcase Ventilation S t 5/60 5/60 5160 5/60 5/60 5/60 5/60 ys em PCV Valve and Hose Exhaust Gas Recirculation System 5/60 5/60 5/60 5/60 5/60 5160 5/60 EGR Valve EGR Control Solenoid Valve Catalyst and Exhaust S stem y Exhaust Manifold Catal tic A bl y ssem y 8/80 8/80 8/80 8/80 8180 8/80 8/80 Exhaust Pipe 5/60 5160 5/60 5/60 5/60 5/60 5160 Catalytic Converter Assembl y 8/80 8/80 8/80 8/80 8/80 8/80 8/80 Miscellaneous Items Used In Abo S t ve ys ems ] Hose Clam s Gasket o S l , p , r ea s 5/60 5/60 5/60 5/60 5/60 5/60 5160 Wires Harnesses Conne t , c ors 5/60 5/60 5160 5160 5/60 5/60 5/60 All Sensor(Switches Solenoid Valves) associated with the ECM 5160 5/60 Spark plugs shall be warranted for the emissions warranty period, or the first scheduled NOTE : The above all parts for Spectra SULEV vehicle certified as partial 71?mamieain...hi,[.ro,..,?, -- 5/60 5/60 5/60 5/60 5/60 replacement time or mileage, whichever occurs first. - -- -- .?r?a??, wv,vwiliYCStwnW7leVerOCWfSnrst.) 31 +a. 0. 3- J ` 0 0 r+ O? California Emission Control Warranty PARTS DESCRIPTION Amami Sedona Sorento S rta e S rta e 3.8L 3.81- 3.3/3.8 4 C I. V6 Air Induction System Air Cleaner Assembly 5/60 5/60 5/60 5160 5/60 Intake Manifold 5/60 7/70 5/60 7[70 7/70 Surge Tank 7/70 7[70 7170 7170 Fuel Metering System Coolant Tem rature Sensor 5/60 5/60 5/60 5/60 5/60 Air Temperature Sensor 5/60 5/60 Air Flow Sensor 5/60 5/60 5160 5160 5/60 Manifold Absolute Pressure Sensor 5/60 5/60 5/60 Vehicle Speed Sensor 5/60 _ Wheel Speed Sensor 5/60 5/60 5/60 5/60 Fuel Injector 5/60 5/60 5160 5/60 5/60 Fuel Delivery Line 5/60 5/60 5/60 5/60 5160 Throttle Body 5/60 5/60 5/60 5/60 5/60 Throttle Position Sensor 5/60 5/60 Idle Speed Control System 5/60 5/60 Oxygen Sensor 5/60 5160 5/60 5/60 5/60 En &e Control Module 8/80 8/80 8/80 8/80 8/80 Transmission Control Unit 8/80 8/80 Ignition System Spark Plugs 5/60 5160 5/60 5/60 5/60 Spark Plugs Cable Set 5/60 5/60 5/60 5/60 5/60 Ignition Coil 5/60 5/60 5/60 5/60 5/60 Camshaft Position Sensor 5/60 5/60 5/60 5160 5/60 Crankshaft Position Sensor 5/60 5/60 5/60 5160 5/60 stem Valve Timing System CVVT Ass 5/60 5/60 5/60 5/60 Oil Control Valve Assy 5/60 5/60 5/60 5160 Oil Temperature Sensor 5/60 5/60 5160 5160 S ark lu s shall be warranted for the emissions warranty period, or the first scheduled replacement time or maeage, wmcnever occurs first. NOTE : The above all parts for Spectra SULEV vehicle certified as partial zero-emission vechide(PZEV) only are warranted for 15 years or 150,000 miles(whichever occurs first.) 32 California Emission Control W ar ranty PARTS DESCRIPTION ?-" Amanti 3 81 Sedona Sorento SPortage Sportage Evaporative Control System . - 3.81- 3.313.8 4 Cyl. V6 Vapor Storage Canister Canister Close Valve 5/60 5160 5/60 5/60 5/60 Tank Leakage Diagnosis Module 5/60 5/60 5160 5/60 5/60 Purge Control Solenoid Valve Fuel Tank 5160 7/70 5/60 5/60 5/60 5160 Fuel Filler Cap 5/60 7170 7170 7170 7/70 Vapor Liquid Separator 5/60 5/60 5/60 5/60 ORVR(Vent) Valve 5/60 5/60 5/60 5/60 5/60 Rollover{Cut) Valve 5/60 5/60 5/60 5/60 5/60 Positive Crankcase Ventilation System 5/60 5/60 5/60 5/60 5/60 • PCV Valve and Hose Exhaust Gas Recirculation System 5/60 5160 5/60 5/60 5/60 -"?¦ EGR Valve Q EGR Control Solenoid Valve Catalyst and Exhaust System ` ! Exhaust Manifold Catalytic Assembly 8/ O Exhaust Pipe 80 5/60 8/80 8/80 8/80 8/80 ?; Catalytic Converter Assembly 5/60 5/60 5/60 5/60 Miscellaneous Items Used In Above Systems 8/80 8/80 8/80 8/80 8/80 Hose, Clamps,Gasket or Seals Wires, Harnesses Connectors 5160 5/60 5/60 5/60 5/60 All Sensot(Switches,Solenoid Valves associated with the ECM 5/60 5/60 5/60 5/60 5/60 5160 . Spark plugs shall be warranted for the emissions 5/60 5/60 warranty Period, or the first scheduled replacement time or milea parts for Spectra SULEV ge, whichever o vehicle mrd d as partial zero-entsion vechicle (PzEv) only are wazranted for 15 years or 15D,000 miles(whicheve ccurs first. roau fi s 33 rs r t) ' Its c o C ?l2` csy Replacement Parts and Accessories Limited Warranty Kia Motors America, Inc:. warrants that Kia genuine replacement parts and Kia Accessories are free from defects in materials or workmanship, subject to the following terms and conditions. This warranty covers genuine Kia new or remanufactured replacement parts and Kia Accessories sold by an Authorized Kia Dealer. This includes Kia Accessories installed by an Authorized Kia Dealer or Kia Motors America, Inc. prior to the retail delivery of a new Kia Vehicle. An Authorized Kia Dealer will either repair or replace any replacement part or accessory to correct any problem covered by this warranty. If the part or accessory was installed by an Authorized Kia Dealer or Kia, it will be repaired or replaced without charge for parts and labor to the owner; if it was installed by anyone else, it will be repaired or replaced without charge for the parts, but the labor charge will be your responsibility. Warranty Period • Replacement Parts Replacement Kia parts (except battery) installed by an Authorized Kia Dealer under warranty are covered for the greater of (1) the duration of the New Vehicle Limited Warranty or (2) the first 12 months from the date of installation of the replacement Kia part or 12,000 miles. • Replacement Kia Battery This warranty applies only to Genuine Kia replacement batteries purchased from an Authorized Kia Dealer in the United States. Genuine Kia replacement batteries are covered by a limited warranty for the period of 36 months from the date of installation, regardless of mileage. During the first 12 months of the warranty period a defective Kia replacement battery will be replaced at no charge for the new battery, labor or installation. If a Kia replacement battery fails during the last 24 months of the 36- month warranty period, you will receive a pro- rated credit toward the purchase of a new Kia 34 battery. YOU are responsible for all di labor and installation charges. agnostic, (led Pro-Ration Chart: are the Months of Us Customer Portion 13 Warrant portion 12 -16 months 10% the 17-20 months 30% 90% 21-23 months 45% 70% 24-26 months 60% 55% :ia 27-30 months 75%0 40% an 31-33 months 85% 25% s. 34-36 months 90% 15% ed Kia will not reimburs 10% hs e you for any portion of the cost of a non-Kia replace b of ment attery. ie nt w nt i- a 35 D n 7 U :r norm CL • Accessories An accessory installed by Kia or an Authorized Kia Dealer on a new vehicle at the time of, or prior to the vehicle's date of delivery to the original retail purchaser, or the date the vehicle is first put into service, is covered under the New Vehicle Limited Warranty and is limited to 60 months from the date of original retail delivery date of first use, or 60,000 miles, whichever occurs first. An accessory installed by an Authorized Kia Dealer after the vehicle was delivered to the original retail purchaser or first put into service shall be warranted for twelve (12) months or twelve thousand (12,000) miles, whichever occurs first, from the date of purchase or installation of the accessory. An air conditioning system installed by Kia or an Authorized Kia Dealer covered for twelve- (12)months or twelve thousand(12,000) miles, whichever occurs first, or the remainder of the New Vehicle Limited Warranty, whichever is greater, from the date of installation. Over-The- Counter: Genuine Kia Parts Including (Audio,Air- Conditioning),genuuie Kia accessories or service parts,purchased over-the-counter and installed by other than a Kia dealer is warranted for twelve (12) months/unlimited mileage. The warranty covers repair or replacement of the part only and does not cover labor. What Is Not Covered • Damage or corrosion due to such factors as accidents, negligence, improper repairs or adjustments, misuse, alterations or collision. • Damage or surface corrosion from environment such as acid rain, airborne fallout (chemicals, tree sap), stones, salt, road hazards, hail, wind storm, lightning, floods and other acts of God. • Normal wear, tear or deterioration such as discoloration, fading, deformation, etc. • Air conditioner refrigerant charge after the first 12 months, unless replenished as part of a warranty repair. • Replacement parts or accessories installed on a Kia Vehicle in which the odometer has been altered, or on which the actual mileage cannot be readily determined. • Replacement parts or accessories used in applications for which they are not designed. 36 elve inty Replacement parts or accessories installed im and properly by other than an Authorized Kia Dealer or Kia. • Any replacement part or accessory without proof of purchase or re l p acement date. as Non-Kia replacement parts or ac or cessories which an Authorized Kia Dealer may sell or install on your Kia Vehicle. lent tree ,nn, as 12 my na :en be to 37 To Get Warranty Service You must take your Kia Vehicle, along with this manual and proof of purchase or replacement date, to an Authorized Kia Dealer in the United States during its normal service hours. If you have any questions or need assistance regarding this warranty, refer to "When You Need to Talk to Kia" starting on page 43. Limited Liability The liability of Kia Motors America, Inc. under this warranty is limited solely to the repair or replacement of Kia-supplied parts, defective in materials or workmanship, by an Authorized Kia Dealer at its place of business, and specifically does not include any expense of or related to transportation to such a dealer or payment for loss of use of the Kia Vehicle during warranty repairs. Other Terms The "Other Terms" stated on page 10 in the New Vehicle Limited Warranty also apply to this warranty. 0 n CO) Q) r n ;Q '"F rKlA The service records on this and the following pages have been designed to include the signature of your Authorized Kia Dealer representative or other repair establishment representative. This signed form is evidence of completion of maintenance services and should be kept \0 , : with the receipts, repair orders and invoices in the glove box. All records should be given to any subsequent owner of the Kia Vehicle. Claims made during the warranty term will not qualify under the warranty if resulting from lack of maintenance rather than from defective material or V workmanship Ir' CC, Scheduled Maintenance Intervals For your reference, the chart below shows the basic , 4-0, intervals of the scheduled maintenance. Refer to your Owner's Manual to make sure of the complete schedule. e • 7,500 MILES • or :Z' • B • 7.5 MONTHS 5,000 MILES • or 5 MONTHS V 'Refer to your Owner's Manual for the specific conditions. 38 Pre-Delivery Inspection Mileage: R.O. Number: Date: Authorized Signature: Dealership: Service #1 Mileage: R.O. Number: Date: Authorized Signature: Dealership: Service #2 Mileage: R.O. Number: Date: Authorized Signature: Dealership: on or re )n e- 's To Our Customer This section contains information about Kia's Roadside Assistance Program, contacting Kia Motors America and the BBB AUTO LM. Please review the procedures on the next few pages. They are provided to help resolve any concerns you may have with your vehicle or dealership. Feel free to contact us at any time. Also included are basic requirements established by your state regarding Lemon Laws for your reference. ROADSIDE ASSISTANCE PROGRAM As an added customer benefit, Roadside Assistance is provided on all new 2007 model Ma Vehicles from the date the vehicle is delivered to the first retail buyer or otherwise put into use (in-service date), whichever is earlier, for a period of 60 months or 60,000 miles, whichever is earlier, subject to the terms, conditions and exclusions set forth in this manual. More information regarding the services available under Kia's Roadside Assistance program is available in your Ma Vehicle's Owner's Manual. These services generally 43 include: • Towing to the nearest authorized Kia dealer or an alternative service location in the event of a warranty- related disablement • Out of gas assistance (out of gas assistance is limited to a maximum of 2 times per year and a maximum of 2 gallons of gasoline)* • Flat tire assistance* Jump start assistance* • Lock-out assistance* (excludes reimbursement for replacement of any missing, lost or damaged keys) • Trip interruption expense benefits in the event a warranty-related disablement occurs more than 150 miles from home and the repairs require more than 24 hours to complete (limited to $100 per day for a maximum of 3 days per incident) NOTE: Fleet vehicles are excluded from reimbursement under Kia's Trip Interruption Policy. * Roadside Services are limited to a maximum of $75 per occurrence. Kia's toll free Roadside Assistance hot line is staffed 24 CD O SD CL 0 O C CA 3 n' ?D v. ` 'Q d 2z ku A ccc co `` ?t s` O CD O hours a day, 365 days a year and is accessible by dialing 1-800-333-4Kia (4542). Please note that you must provide your Vehicle Identification Number (VIN) to verify coverage at the time of your call. The VIN can be found on the dash of your vehicle on the driver's side, on the door jamb of the driver's door, your vehicle's registration or proof of insurance card. Kia Motors America reserves the right to limit or deny services or other benefits to any owner or driver when, in Kia Motors America's judgment, the claims and/or service requests are excessive in frequency or type of occurrence. The following is not covered under Roadside Assistance: ¦ Any Kia vehicla that has ever been or should be issued a "Salvage" title or similar "branded" title under any state's law or has been declared a "total loss" or equivalent by a financial institution or insurance company. 44 Kia Owner Satisfaction and Assistance Kia Motors America and satisfaction is our prim Y° Kia dealer are dedicated to sn service r ?' concern. Both Your Kia dealer is available to assist you ervi lw ? our automotive needs. eels. Your complete all of your automobile sales, parts and If, however a situation arises that has not been addressed STEP 1 : to Your satisfaction, we ask that you take the followin Discuss the situation with g steps' Owner. Your Kia the dealership management. If a problem still exists, contact the dea dealership is best equipped to resolve the matter for you. STEP 2 : lership General Manager or 0 Z If the problem has still not been addressed to our toll free number Your satisfaction, please contact our Kia Customer Assistance Center using 1-800-333-4KIA(4542) a? tA: 0' 0. 45 To assist you the Customer Assistance Center will ask for the following information: • Your name, address and telephone number • Vehicle identification number(on dashboard and on label installed on the driver's door). • Date of purchase • Current odometer reading Your Kia dealership's name L Or you can write to Kia with the above information at: Consumer Assistance Center V Kia Motors America, Inc. 0 CL P. O. Box 52410 Irvine CA 92619-2410 (A STEP 3: In the event that you believe Kia has been unable to satisfactorily address the concern, a special alternative resolution Q Program called AUTO LINE is available to you. This independent agency is run by the Council of Better Business Bureaus and is provided at no cost to you. You may contact them at: L Q? AUTO LINE Council of Better Business Bureaus 4200 Wilson Blvd. Arlington, VA 22203 800-955-5100 V 46 The Purpose of the AUTO LINE is to settle disputes between vehicle man ufacturers and customers. T staff will record the details of your concern by telephone and will ask for the same information as in Ste 2. The AUTO L1NE The AUTO LINE program consists of two parts _ mediation and arbitration. The BBB AUTO LIlVEs suggestions for resolving the problem during mediation. If a satisfactory resolution has not been achieved mediatior,, you will have the opportunity to present your case personally before an impartial Person staff will provide This is the arbitration part of AUTO LINE. The arbitrator(s) will make a decision after the arbitration or three hearingtrson panel. If you accept the decision, it will be legally binding on you and Kia. However, in some states, if the dec"ron isnot accepted, it may be introduced either by you or Kia as evidence in subsequent courtaction. Disputes handled tBBB Auto Line process are usually resolved within 40 days of your contacting the BBB. If you haven h Motors America, Inc. first re ardin rough the g g your complaint, the arbitration process will take no longer than 4'7 dayscontacted Kia You must use BBB AUTO LINE prior to seeking remedies available to you through a court action pursuant to the Magnuson-Moss Warranty Act (the "ACT'). In addition, you must use BBB AUTO LINE if you are required to prior to seeking remedies available under the "Lemon Law" of your state. However, your state law permits and if you do so choose to seek remedies which are not created by the Act, you are not required to use BBB AUTO LINE although option is stili available to you. The following section has been developed with information on contacting Kia and that basic provisions of your State's "Lemon Laws". In some states, your Kia dealership may provide you with Lemon Law dis-,Iusu:e information in addition to the booklet in accordance with state law. Other states may have t on the ope, rtd complaint resolution processes. Your eligibility for this program is determined b and other contributing factors. y their own state- y your vehicle's age, mileage 47 n CO) :Q n Q.- CO) NOTICE TO CONSUMERS STATE OF CONNECTICUT If this vehicle does not conform to its applicable warranties and Kia or its dealers have not repaired the vehicle after a reasonable number of repair attempts or the vehicle has been out of service for a specified number of days you may be , , entitled under the provisions of the Connecticut "Lemon Law" to a replacement or repurchase of the vehicle To exercise . your Lemon Law rights, you must first report the condition in writing to Kia at the address listed below. Kia offers its customers third-party arbitration through BBB AUTO LINE, a complaint resolution service administered by the Council of Better Business Bureaus. 0 .. For additional information about BBB AUTO LINE, review pages 43-47 of this book or contact Kia at the address or toll-free number indicated below. In addition, in order to seek remedies under your state Lemon Law, you must first notify Kia at the address below by , mail, of the problem with your vehicle. Should you have any concerns or questions regardin p g your Kia after you have contacted your local Kia dealer lease 0 =. O. , contact Kia at: M Consumer Assistance Center Kia Motors America, Inc. P. O. Box 52410 Irvine CA 92619-2410 = 1-800-333-4KIA ? - Z 0: pop n 59 NOTICE TO CONSUMERS STATE OF DELAWARE If this vehicle does not conform to its applicable warranties and Kia or its dealers have not repaired the vehicle after a reasonable number of repair attempts or the vehicle has been out of service for a specified number of days, you may be entitled under the provisions of your state "Lemon Law" to a replacement or repurchase of the vehicle. Kia offers its customers third-party arbitration through BBB AUTO LINE, a complaint resolution service administered by the Council of Better Business Bureaus. For additional information about BBB AUTO LINE, review pages 43-47 of this book or contact Kia at the address or toll-free number indicated below. In addition, in order to seek remedies under your state Lemon Law, you must first: 1) notify Kia at the address below, of the problem with your vehicle, and 2) provide Kia an opportunity to repair it. Should you have any concerns or questions regarding you Kia after you have contacted your local Kia dealer, please contact Kia at: Consumer Assistance Center Kia Motors America, Inc. P. O. Box 52410 Irvine CA 92619-2410 1-800-333-4KIA 60 r if re el S: A K th F, to In at Of S1 pl NOTICE TO CONSUMERS STATE OF MARYLAND If this vehicle does not conform to its applicable warranties and Kia or its dealers have not repaired the vehicle after a reasonable number of repair attempts or the vehicle has been out of service for a specified number of days, you may be entitled under the provisions of your state "Lemon Law" to a replacement or repurchase of the vehicle. In order to seek remedies under your state Lemon Law, you must first: 1) notify Kia at the address below, by certified mail, return receipt requested, of the problem with your vehicle, and 2) provide Kia an opportunity to repair it. V •? Kia offers its customers third-party arbitration through BBB ALTFO LINE, a complaint resolution service administered by Q the Council of Better Business Bureaus. For additional information about BBB AUTO LINE, review pages 43-47 of this book or contact Kia at the address or toll-free number indicated below. Should you have any concerns or questions regarding your Kia after you have contacted your local Kia dealer, please contact Kia at: Consumer Assistance Center Kia Motors America, Inc. _ P. O. Box 52410 C Irvine CA 92619-2410 V 1-500-333-4KIA C? c 76 NOTICE TO CONSUMERS STATE OF MASSACHUSETTS r a MASSACHUSETTS "LEMON LAW" FORMATION: IF YOU HAVE SERIOUS PROBLEMS The Massachusetts "Lemon Law WITH THIS VEHICLE with their new vehicle. MGI c. 90, s. 7N 1/2 provides protection for consumers who have serious d UNDER THE LEMON LAW YOU problems ' HAVE A RIGHT TO A REFUND OR A) there is a substantial defect(s), AND REPLACEMENT OF T y VEHICLE IF: is B) the defect(s) still exists or has recurred after either. 1 • three or more repair attempts for the same defect, or 2• being out of service by reason business of repair for andays, within one year of 15 any combination of defects for a cumulative total of 15 or more ,000 I C) the manufacturer has been notified of ? defect(s) (whichever comes first) after original delivery, AND business days. and given one final re pair attempt of no more than seven IF THE MANUFACTURER DOES 0 HAVE BEEN MET YOU NOT REFUND OR REPLACE THE HAVE THE RIGHT TO VEHICLE AFTER THESE STANDARDS ARBITRATOR. HAVE YOUR CASE ARBITRATED BY A STATE-CERTIFIED This state-certified arbitration is different from any manufacturer-s Under the state program S you will be sent a decision within 45 days of when your request forlarbitrationais accebtedntttied. - P ? Under the law, you must request state-certified arbitration within 18 months of on final THIS SHEET PROVIDES ONLY A SUMMARY OF YOUR g delivery of the vehicle. UR RIGHTS. Z 0-11 -^: - -- 77 0 ?K,A? To request arbitration or to get information, contact: Office of Consumer Affairs and Business Regulation One Ashburton Place Boston, MA 02108 0 Z L Lemon Law Information: (617) 727-7780,1-888-283-3757 Kia offers its customers arbitration through BBB AUTO LINE, a complaint resolution service administered by the Council of Better Business Bureaus. For additional information about BBB AUTO LINE, review pages 43-47 of book or contact Kia at the address or toll-free number indicated below. 0 Consumer Assistance Center V Kia Motors America, Inc. P. O. Box 52410 Irvine CA 92619-2410 G) 1-800-333-4KIA V f Sn,. co .?. 78 NOTICE TO CONSUMERS STATE OF NEW HAMPSHIRE Arbitration Law, RSA 357-D, applies to new motor vehicles sold or leased (for Forv two or more years) and/or registered in the State of New Hampshire. A new motor vehicle is defined as a passenger Ham Qf vehicle, motorcycle, or truck with a gross vehicle weight not exceeding 9,000 pounds. 6383.. V' r If, during the express warranty period, you discover a defect which substantially impairs the use, market value, or safety You I 0 or this vehicle, and it has not been successfully repaired after three repair attempts by the manufacturer, its agent, or an - authorized dealer, or it has been out of service by reason of repair of one or more nonconformities, defects, or conditions for a cumulative total of thirty business days, you may be entitled to apply for a comparable replacement or a refund of purchase price plus incidental damages less a reasonable allowance for use. In order for a repair attempt to qualify, you must obtain a written repair order. Neither the manufacturer nor any agent of the manufacturer (including the dealership service) may refuse to provide you with a written repair order at your request. ,0 0 The vehicle is deemed to be out of service if it is in for repair for a majority of the day. ^ V' You cannot use the New Motor Vehicle Arbitration Law if you elect to use the manufacturer's dispute settlement mechanism. Forms for electing to proceed before the New Hampshire Motor Vehicle Arbitration Board should be L included with your new vehicle on delivery. You may not use the New Motor Vehicle Arbitration Law if you have stopped making payments on any lease or 0. Q. financing agreement because of the vehicle's condition. The New Hampshire Motor Vehicle Arbitration Program includes other eligibility requirements which you must meet to qualify. Z 86 MOTOR The New Hampshire New VEHICLE Motor Vehicle ARBITRATION BOARD (for For information as to your rights under the New nger Hampshire Motor Vehicle Arbitration Board, 10 Hazen Drive, Concord, Vehicle Arbitration Law or for additional the New 6383, or your dealer. New Hampshi forms, contact the 03305, telephone t fety You may also wish to contact Kia at the following address: (603) 271- ran Z ons Consumer Assistance Center (D I of Kia Motors America, Inc. P. O. Box 52410 t of Irvine CA 92619-2410 a. 1-800-333-4K- A C :nt be e• or 0 to -,e Z 87 NOTICE TO CONSUMERS STATE OF NEW JERSEY ' WPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER NEW JERSEY LAW TO A REFUND OF THE PURCHASE PRICE OR YOUR LEASE PAYMENTS. FOR COMPLETE INFORMATION REGARDING YOUR RIGHTS AND REMEDIES UNDER THE RELEVANT LAW, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS, LEMON LAW UNIT, AT POST OFFICE BOX 45026,124 HALSEY STREET, NEWARK, NEW JERSEY 07102, TEL. NO. (973)504-6226:' The Lemon Law is a consumer protection law enacted by the New Jersey Legislature to assist consumers when they V purchase a new motor vehicle that develops repeated defects or lengthy unusable periods during the first two years or ?. 18,000 miles (whichever comes first). A new motor vehicle is presumed a lemon if it has one or more defects that continue to exist after three attempt at repairs, OR after the vehicle has been out of service for a total of 20 cumulative calendar days. The law also provides procedures to quickly resolve disputes between a consumer and a manufacturer and Z specific remedies when the uncorrected defect substantially impairs the use, value or safety of the new vehicle. Kia offers its customers third-party arbitration through BBB AUTO LINE, a complaint resolution service administered by the Council of Better Business Bureaus. For additional information about BBB AUTO LINE, review pages 43-47 of this book or contact Kia at the address or ' toll-free number indicated below. In addition, in order to seek remedies under your state Lemon Law, you must first: 0 1) notify Kia at the address below, by certified mail, return receipt requested, of the problem with your vehicle, and 2) provide Kia an opportunity to repair it. Should you have any concerns or questions regarding your Kia after you have contacted your local Kia dealer, please contact Kia at: i Consumer Assistance Center Kia Motors America, Inc. P. O. Box 52410 Irvine CA 92619-2410 ?. ; 1-800-333-4KIA 88 0 NOTICE TO CONSUMERS STATE OF OHIO IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO A REPLACEMENT OR TO COMPENSATION. NOTICE OHIO LAW REQUIRES YOU TO USE A QUALIFIED ARBITRATION PROGRAM BEFORE SUING THE MANUFACTURER OVER NEW CAR WARRANTY DISPUTES. FAILURE TO ARBITRATE YOUR CLAIM MAY PRECLUDE YOU FROM MAINTAINING A LAWSUIT UNDER SECTION 1345.75 OF THE REVISED CODE. Should you seek a replacement or repurchase under Ohio Lemon Law, you must use BBB AUTO LINE prior to initiating court action. BBB AUTO LINE is a third-party complaint resolution service. administered by the Coundil of Better Business Bureaus. For additional information about BBB AUTO LINE, review pages 43-47 of this book or contact Kia at the address or toll-free number indicated below. Consumer Assistance Center Kia Motors America, Inc. P. O. Box 52410 Irvine CA 92619-2410 1-800-333-4KIA 94 NOTICE TO CONSUMERS STATE OF PENN SYLVANIA a a i be If the new motor vehicle you have purchased does not conform to the manufacturer's express warranty, the Pennsylvania Automobile Lemon Law provides that the manuf option. acturer may have to replace it or pay you a refund, at your to Mer If you discover a defect that substantially impairs the use, value, or safety of this vehicle, contact the manufacturer or i authorized service and repair facility immediately. not Your Lemon Law rights only cover defects which occur within one year after delivery, 12,000 miles of use, or the term of the express warranty, whichever comes first or . The law states that it is reasonable for the dealer, manufacturer or its agent to k , ma correct the same defect. e up to three separate attempts to M After three unsuccessful repair attempts, or after a total of thirty days in which the vehicle is out of service for repair, you may be entitled to a comparable replacement vehicle or a refund of th use. e purchase price less an allowance for your actual is The manufacturer or dealer must provide you with an itemized statement of all repair work performed when our vehicle is returned from service. Keep those records for future reference y 0 . For more information, contact the Office of Attorney General, Bureau of Consumer Protection, Strawberry Square, 14th Floor, Harrisburg PA 17120 Z . i 97 (? . - - - ------. V `Z . A? N If a dispute arises concerning a defect, you must resort to BBB AUTO LINE, a third-party complaint resolution service offered by Kia and administered by the Council of Better Business Bureaus.. However, if you choose to seek remedies that are not created by the Pennsylvania Lemon Law, you need not use BBB AUTO LINE, although that option is still available to you. For additional information about BBB AUTO LINE, review pages 43-47 of this book or contact Ma at the address or toll-free number indicated below: Consumer Assistance Center Kia Motors America, Inc. P. O. Box 52410 Irvine CA 92619-2410 1-800-333-4KIA 98 4,41 V' o, NOTICE TO CONSUMERS STATE OF NEW YORK NEW CAR LEMON LAW BILL OF RIGHTS (1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR NEW CAR, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS WARRANTED AGAINST ALL MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MII ES OR TWO YEARS, WHICHEVER COMES FIRST. (2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER, ITS AGENT, OR AUTHORIZED DEALER. (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE. (4) IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR OR MORE ATTEMPTS; OR IF YOUR CAR IS OUT OF SERVICE TO REPAIR A PROBLEM FOR A TOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE MANUFACTURER OR ITS AGENT REFUSES TO REPAIR A SUBSTANTIAL DEFECT OR CONDITION WITHIN TWENTY DAYS OF RECEIPT OF NOTICE SENT BY YOU TO THE MANUFACTURER BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; THEN YOU MAY BE ENTITLED TO EITHER A COMPARABLE CAR OR A REFUND OF YOUR PURCHASE PRICE, PLUS LICENSE AND REGISTRATION FEES, MINUS A MILEAGE ALLOWANCE ONLY IF THE VEHICLE HAS BEEN DRIVEN MORE THAN 12,000 MILES. (5) A MANUFACTURER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY ABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE CAR. . (6) PPRICMANUFACTURER LEM MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND YOUR DOES NOT SUBSTANTIALLY IMPAIR THE VALUE OF YOUR CAR PURCHASE (7) IF A REFUSE MANUFACTURER HAS A COESTABLISBED AN ARBITRATION PROCEDURE, THE MPARABLE CAR OR REFUND YOUR PURCHASE PRICE UNTIL O FIRST RESORT TO THE PROCEDURE. LAW AND MAYBE NOT HAVE AN ARBRATN PROCEDURE, (g) IF THE MANUFACTURER ENTITLED TO YOUR ATTORNEY5 FEES IF YOU O PREVAIL. RESORT TO ANY REMEDY (9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS. 90 AR, IF MUL CAR IS ff OR MY IER A TION 12,000 ;OR (10) AS AN ALTERNATIVE TO MANUFACTURER TIIE ARBITRATION p1Z Qi ARBITRATOR, APPROMAY Y TH EAD CHOOSE CEDURE SUCH TO s? MADE A VAILABLE GENERAL'S ARBITRATION, CO E `ATTORNEY YOUR CL TOUGH NT NTACT Yo GENERAL. YOU MAY A11I TO AN INDEPENDENT Should OFFICETO FIND OUT HOW TO LOCAL CONSUIR HAVE To PAY A You seek a replacement or re MANGE FOR INDEPEFAIRS FEE FOR arbitration board purchase OFFICE Council of Be Pnor to initiating court . under the Lemon Lax, ENT ARBITRATION? Law, you o?EY tter Business B action. BBB A' LIMEYou must use either BBB not use BBB Aa,O • However, if is you choose to see a third need -Dam, arbitration service 0 LEVE or your state For additional inf LINE, although rt„t k oth er rem: _ .. - +iua[ion about BBB ".non is still av ""•°' ulat are not under '.L•••,1ered by the ° "free number indicated AUTO LINE Table to Yours Z below, • review You, tate Lemon In addition pages 43-47 certified ' in order to seek re °f this book or contact 4F mail, of the medies under Kia at the ad problem With Your stare Le mon Law dress or .< 9SE Should you have an Yout vehicle. , you must p f`lrst notify .,concerns or fy Kia at contact Kia at., questions regarding the address below, b ' Your Ka ve ' y ST AY ConSU hicle after you have contacted d 0 tatted Your local mer Assistance Center ealer, Kia Motors Ame ' P. O. Box 52410, Inc. In Irvine CA 926 1_800_ 19-2410 3 333-4KIA (D O 91 `D. NOTICE TO CONSUMERS STATE OF RHODE ISL AND vice If this vehicle does not conform to its applicable warranties and Kia or its dealers h ave not repaired the vehicle after a dies reasonable number of repair attempts or the vehicle has been out of service for a specified number of days, you may be still entitled under the provisions of " " your state Lemon Law to a replacement or repurchase of the vehicle. You must use either BBB AUTO LINE or the arbitration procedure established by Rhode I l d' s an s Consumer Council prior to initiating court action if you seek a replacement or repurchase of your vehicle. BBB AUTO LINE is a third-party arbitrati > or service administered b th y on e Council of Better Business Bureaus. However, if you choose to seek remedies that are not created by your state Lemon Law, you need not use BBB AUTO LINE th or e procedure established by the Rhode Island Consumer Council, although the option of using BBB AUTO LINE is still available to you. 0 In addition, in order to seek remedies under your state Lemon Law, you must provide Kia with one additional repair attempt. For additional information about BBB AUTO LINE, review pages 43-47 of this book or contact Kia at the address or toll-free number indicated below: Consumer Assistance Center Kia Motors America, Inc. n P. O. Box 52410 Irvine CA 92619-2410 1-800-333-4KIA :, fD 0 ? 99 t D; 3/2:/2010 11:52:22 AM 3:Ms. /nnea Hall COMPANY: IAIVI r'HUV1Uth LJ' y r M v vJ > ?m C-) m ? oD --f n S { mp m C!? rn rn c- r, PAGE 029/042 7-ax Server. NU. 4ly r. 1) } Tm S pl? ;K ;K x F- P? -, ° ?- vvwnA p ? o f c r r r O O - a? g c w n ,, o m , am « 1, MP m '. T ? a g -I $mQgg v ? q - y ? ' ~ tt Fri i O l ES in ?S 5 v ` i 3a D? Fri ?J m j Cb _._. \ m N ?{ ? d H H H M ? ? I 1 n 1J =? C b O m m g m ?: U1 •J I ? m I m rn m W fD Or7 c,n a -K o cn y I r H p Y y ? fJ 4 V ? r' r V ern -n V) %4 ^ N 70 n?? F = : m z m a V) ?rn> H N A ? r) as rn m i V 1 ? a n .. 4 8 z I - " id u A . aw v m '1Se Evil as '- 0 ?aa? N ? ` sift ?' ro 9$19. fn g D WHOP w F F"' .? a NMI mF ",m? 3i $ zm??? It # r1 ?F mo3mo?ssY m? ?m?gj yApj$a??, 7mN 5 \\\\ w N w w O O O O cawco? A aAa tn: wwVGa w w w w OOH H ? ? O N go Go w m P O O C ? m nnr) I n + z U1 PL AINTIFF'S J EXHIBIT 3/22/2010 11:52:29 AM PACE C32/049 °a.x Server 3:Ms. /nnea Hall COMPANY: CUS`I'OMI:R #: 7281218 451638 FREYSINGER NIAZDA-HYUNDAI UNITI# OC48 6115 CARLISLE PIKE LYNNEA A HALL *INVOICE* MECHANICSBURG, PA 17050 3 2 9 SALT RD (7171697-8899 ENOLA, PA 17025 PAGE 1 1-800-828-0578 HOME:77.7-728-1218 CONT:N/A go: 717-541-6200 411: SERVICE ADVISOR: 11 GELA M L - : CaGO?R - ,.. A .7777777W-77777 :liCE. 5;.., R A INtBUT -TAG ;--098V'T OPTIONS: STK:H645B 1)OC48 EXP 2/28/13 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A 2N$`ALL R$L .:ASH 'ICY ..:: , - W '3_'Q -RFPL.ACE Fn?R ,:A,?H TRx?Y. a 8IUC1?YI : .(NIC) . :. PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 B REPLACE WIPER: 0-L-A MA14 WYAU,A= -W P.ER.BLAL}ES , BxUCPI (N/C) 1 U8890-00016 WIPER BL,AD (N/C) 1 U6890-06424 WIDER BLAB.. PARTS: 0.00 LABOR: .0 .00 OTHER: 0.00 TOTAL LINE B: 0.00 C FREE .: MR I VE THROUGH,>, I7 :'TIId . FW FREE DRIVE THROUGH CAR WASH PARTS: 0,00 LABOR. 0...0'0 . OTHER 0.00 TOTAL LINE o ;Oa ' C. 0-00 0.00 0, IRS tc ? c r tL vn STATEMENT OF DISCLAIMER "-DESCRIPTION TOTALS The factory warranty constitute& all Of the warranties with respect to LABOR AMOUNT the "to of this Itemntems. The Seller hereby expressly disclaims all PARTS AMOUNT O warranties either express or Implied Inop dh GAS, OIL, LUKE 0-00 HYUIl1 1 , u V any warranty of morchenbBty?a SUBLET AMOUNT 0.00 tltness for a particular purpose. Wor neither nu mimes nor MISC. CHARGES 00 authorizes any other parson to assume for it any liability M TOTAL CHARGES 0.00 1 40" d Ite nt?ma with she agile of this LESS INSURANCE SALES TAX L77" A URE PLEASE PAY THIS AMOUNT t7 C n C ]'P 3/22/2010 11:52:29 AM PAGE 033/049 'lax Server D:Ms. _-ynnea Hall COMPANY: ?rsTaM?R #: 7281218 459393 FREYSINGER MAZDA-HYUNDAI UNIT# OC48 6115 CARLISLE PIKE LYNAfEA A HALL *INVOICE* MECHANICSBURG, PA 17050 329 SALT RD (7171766-8422 ENOLA, PA 17025 PAGE 1 (800) 560-8422 HOME:717-728-1218 CONT:N/A % ZS; 717-541-620Q L:71 - - 55 SERVICE ADVISOR: EBAUGH ez4R M?If!`!iVlOA?f? UIN:>;.... I'I(" t=N ,tatr.r:>w lar:rsl fT :_a. R.O.:OPENOP ( -:_IEAtTY OPTIONS: STK:H645B 1)OC48 EXP 2/28/13 LINE OPCODE TECH TYPE HOURS LIST NE TOTAL A: 3. , 7'5 0 ; ; xI11TE1~t' i :i I INTET!fiANCF '[ ^ER'kI TCE r LO AL' `Y: F2FW DS R.... R Fi??L?TGk?'.: , ENGINE. OIL & ENGINE OIL FILTER,CHECK & SET TIRE PRESSURES, CHECK . UN ER?.AFiI2AICE F0 LE1 FE f CAX.: T?Ta . FLUID > LEVELS &-TO'P OPP, 1??EI2E?OT? 28 POINT MAINTENANCE INSPECTION WITH REPORT.. 3756I-.: , 75:p Mf,E I:NTEVAL i'INTE?TANCE SERVICE,LOYALTY REWARDS PLUS,CHANGE ENGINE OIL & ENCINE...OIt FILTER:C &...:;SET TIME PRESSURES,CHECK UNDERCARRAIGE FOR LEAKS,CHK ALL FLU.It)' LEVELS & 'TOP OP `,< ERROAM 28 OII?IrT . MAINTENANCE INSPECTION WITH REPORT.. 3'21F CL (XVC) 1 26300-35502 FILTER ASM ' (N/C) : - 1 21513 -210O:Q..GASKET-01L (T3/C) 1 4*0/QT/OIL* MTR OIL (N/C) PARTS :. .'LABOR :: 0.00 fi7:TF?EI? : TOTAL ?rI?E : ?s *r**?i'i4:tY*zr>Ki4::k******e4YrJtk9c***iFF*yr>4**** 4*.*sk,r* B CUST STATES CHECK FOR BELT SQUEAL MA19 R891,AOE A?COES:90 14ELT/S 32 IUCH (N/C) 1 2:5212--37281. V RIBBED B PARTS: 0.00 LABOR: 0.00 OTHER: 0100 TOTAL LINE B: 0.00 TECH REPLACED BELT r*;r**k:+itrF.ttt****>k*.*,it**,h*:***w-h,k***:*,4>try*****??tir::r***ikitir,?*.:; C RECORD TIRE DEPTH AND SET TIRE PRESSURE SET RECUPM TI?t-t ;DVPTT ANb SE'T' TIRE'. PRESSURE 32 CH 0.00 PARTS: 0.00 4,4 1-j - 0. Q;0 OTHER: 0. 00 TOTAL, 'LINE 0.00 0:.0'0 D TOP OFF FLUID TOP TOP 0F:F F LUII STATEMENT OF DISCLAIMER 01i?s}P£9Cti:; 7(ll'J4GSr.;. >? of The factory warranty constitutes respect respect all of the Warranties with to LABOR AMOUNT .? the sale of this IternAtams. The Seller hereby expressl disol l fl PARTS AMOUNT y a ma a warrantles either express or lied i Im l i GAS, OIL, LURE HYUI"IORI p , nc ud ng any implied warranty of merchantability or SUBLET AMOUNT fitness for a particular purpose. Seller neither assumes nor MISC. CHARGES You can schedule your appointments authorises any other person to assume for it any liability in TOTAL CHARGES 24 7 iMU/W.1r/'@s/n Y ge?com connaction with the sale of this itemlitems LESS INSURANCE . SALES TAX Thank You CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT CUSTOMER COPY C°E??':;' 3/22/2C10 11:52:22 AM PACE 034/049 ,-ax Server 3:Ms. l_ynnea Hall COMPANY: CUSTOMER #: 7281216 UNIT# OC48 459393 *INVOICE* FREYSINGER NIAZDA-HYUNDAI 6115 CARLISLE PIKE MECHANICSBURG, PA 17050 (717) 766-8422 (800) 560-8422 LYNNEA A HALL 329 SALT RD ENOLA, PA 17025 HOME:717-728-1218 CONT:N/A BUS: 717-541-6200 CEL •717-9 1-51! COLOR YEAR M iCE1FADi71 L I OPTIONS PAGE 2 SERVICE ADVISOR: STK:H64513 1)OC48 EXP 2/28/13 L1 V yr a.++o a +.+ - r° zTS o . c?:o; rc::: o . ro ou 0, 0.0: troTAr, - - -'.. .. - 01.00 E FREE DRIVE THROUGH CAR WASH FW FREE DRIVE TMOUGH OAR 6tIA5H 00 0 0.00 32 CH PATS : o .ago a ?' o . 6 ...bTr R; o..0? TOTAL: LI?1E . E: 0 :.0:0 F HYUNDAI MULTI POINT INSPECTION REPORT HN(I TI LTN0AT MI t'T!.1 . PO 1?tT N P C TOI •1 ?.Ol ' 32 CH 0.00 0.00 PARTS: 0.00. LABORi- 0.00 OTHER: .0.00 TOTAL LINE F: 0.00 G CUSTOMER STATES THERE ARE NO ADDITIONAL CUSTOMER CONCERNS OR SERVICES NOC CUSTOMER STATES THERE ARE NO ADDITIONAL .:?.TflNdr , d . . M. THIS TIME... » Q 0!0 0. 0:a.- 32 OFI . PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE G: 0.00 STATEMENT OF DISCLAIMER DESC0FP9i0N; TOTAL& The factory warranty constitutes all LABOR AMOUNT 0 00 -, of the warranties with respect to the sate of this item/items. The PARTS AMOUNT 0 00 Seiler hereby expressly disclaims all warranties either express or GAS, OIL, LOBE 0.00 Y1J bm implied, including any itttplle f of r ntabilit f rch SUBLET AMOUNT H n warranty o y a o me titnese for a particular purpwe. MISC. CHARGES '00 i t Salter neither assumes nor authorizes any other person to TOTAL CHARGES O .00 ntmen s You can schedule your appo assume for it any IiabtlRy In connection with the sale of this LESS INSURANCE Q. 00 2417 Q www.freysinger com Itemlitems. SALES TAX Thank You CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT 0 ^"crM^srmto "^VV °T-, 3/22/2010 11:52:20 AM PACE 035/OS0 Fax Server 3:Ms. -ynnea Hall COMPANY: CUSTOMER ##: 7281218 466781 UNIT# 4DC48 *INVOICE* LYNNEA A HALT., 329 SALT RD DUPLICATE 1 ENOLA, PA 17025 PAGE 1 HOME:717-728-1218 CONT:N/A FREYSINGER PONTIAC, GMC, BUICK, INC. 6251 CARLISLE PIKE MECHANICSBURG, PA 17050 (717) 766-8422 * DIAL P-O-N-T-I-A-C CUSTOMER COPY ror?n 3/22/2010 11:52:29 AM PAGE 036/042 '=ay. Server 3:Ms. /nnea Hall COMPANY: 'AER #: 7281218 _LT# OC48 LYNNEA .A HALL 329 SALT RD ENOLA, PA 17025 HOME:717-728.-1218 CONT:N/A 475594 FREYSINGER MAZDA-HYUNDAI 6115 CARLISLE PIKE *INVOICE* MECHANICSBURG, PA 17050 (717) 766-8422 PAGE 1 (800) 560-8422 e+r n? nr+r w rat nnnn. E H 401 RS L T LINE OP rv' _ ?1 '?.afr'A?? !r;(y•>`'t ?•' ..':'.` ?4J.?r"?lcM1?•IikM.?J?'•WS4.f`:, .. ., . 34i+?'?%. ............ 3750H 3,750 MILE INTERVAL MAINTENANCE h? ?!.?y ion : kl4it3X? SAt l Zt :: . . r OIL & ENGINE OIL FILTER,CHECK & SET TIRE PE?E?•?•??1?E$,.GHE?`IGS??. E?X?'a?' ???' ???r?ii`?`', Ci3K ALL FLUID LEVELS & TOP OFF,PERFORM 28 POINT t Ai AN t N EC' ON WV. 8IHCFL (N/C) ?. » R'IITER ?.?1v1 (N/C) 1 21513-21000 GASKET-OIL (N/C) (N/ C ) CCAFFERT•Y SUBL M . • 23H... ..'. (N/C). PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 - IM' SUB SUBLET REPAIR 8 CLC i - (N 1 C;) PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE B: 0.00 VEHICLE WAS SENT TO KIA FACTORY WARRANTY, SCA19NED CODE 01313 RIGHT GRAM WOW M.' ...:...... .. **tt*tttt********rr**w**********rir****,t*,t,t* ******** .: s ? (''7 .l . S -.C/l+r .:.it,:?A"i.A.iY?'???::?•aN14C ????1 .:..:. ... .... .. ....::.. ..:........:.: ...... -.:.:.:.... ... ....... ?. -.......... .!. ..?`.??r..??il? 3. ' ':????' MA11F TRANSMISSION FLUID FLUSH AND EXCHANGE 1 500 TRANS KIT \ 1,.5 S 29. 60 23 .88 rJC? C 23 . 68 i D 3.16 2,84 15 :A7`+3.,AT': 45 SUBL MCCAFFERTY 5`S • C Of? ?.,StF ab QU ? I t7C Pk (N/C;) PARTS: 69.32 LABOR: 75.63 OTHER: 0.00 TOTAL LINE C: 144.95 STATEMENT OF DISCLAIMER JvlH?ar: The factory warranty consdtutos all LABOR AMOUNT _ of the warranties with respect to the sale of of this his item/items. The PARTS AMOUNT i Seller hereby expressly, disclaims at[ warranties either express or GAS, OIL, LUSE HYVnaR Implied, Including any implied warranty of merchantability or SUBLET AMOUNT fitness for a particular purpose. r n ll i h ass m S MISC. CHARGES our a ointments You can schedule u es o e er ne er t authorizes any other person to TOTAL CHARGES pp y assume for it any liability In connection with the sale of this LESS INSURANCE 2417 0 w ww.fireysinger com Itetnfrtems. SALES TAX Thank You CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT nrro.nntutt. v nnvv °/22/2010 11:52:29 AM PAGE ^37/04:9 Fax. Server Ms. Lynnea Hall COMPANY : CUSTOMER #: 7281218 UNIT4 OC48 LYNNEA A HALL 329 SALT RD ENOL4%, PA 17025 HOME:717-728-1218 CONT:N/A 475594 FREYSINGER MAZDA-HYUNDAI 61 15 CARLISLE PIKE *INVOICE* MECHANICSBURG, PA 17050 (717) 766-8422 PAGE 2 (800) 560-8422 - s 1 ? ? SERVICE ADVISOR: OPTIONS: STK:I4645B 1)OC48 EXP 2/28/13 2)10 LEFT w*:k - N STATEMENT OF DISCLAIMER The factory warranty constitutes all LABOR AMOUNT 75 63 of the warranties with respect to the sale of 1 this Itemlitems, The PARTS AMOUNT 69, 32 Seller hereby expressly disclaims all arranties either express of w GAS, OIL, LUKE 0 , 00 HYUnl]Fll implied, Including any Implied of merchantability or warrant SUBLET AMOUNT 0 00 y fitness for a particular pwpose. i me S ll h MISC. CHARGES 0 00 chedule our m ointments Y a s nor er ne er assu e t authorizes eny other person to TOTAL CHARGES 144 95 n s ou c y pp 8aauma for It any liability in connection with the sale of this LESS INSURANCE 0 0 0 2417 www.freysingercom SALES TAX . 0 1 Thank You CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT - 5 . 3/22/2010 11:52:22 AM PACE 033/0!10 Fax Server 3:Ms. _ynnea Hall COMPANY: . ; IT : N/A X X-4N, IL: 717 ORTAGE L i t J?.j 3 :!0-11-1 1-1 If 10 ;: / F WA n ; ell ?•? _ 475594 FREYSINGER MAZDA-HYUNDAI 6115 CARLISLE PIKE *INVOICE* MECHANICSBURG, PA 17050 (717) 766-8422 PAGE 2 (800) 560-8422 IVICE ADVISOR: 1 1 AN(4F.T,A MTT?LRR STK:H645B 1)OC48 EXP 2/28/13 2)10 LEFT STATEMENT OF DISCLAIMER a %<' ;liSIRfltifitt. :,:? TOrAi<., The factory warranty constitutes so LABOR AMOUNT 75 63 th the warranties with respect to the sale of this his hamfiteme. The PARTS AMOUNT 69 32 Seller hereby expressly disclaims of warranties either express or GAS, OIL, LOSE 0 , 0 Hyunam Implied, including any Implied warranty of merchantability or SUBLET AMOUNT 0.00 fitness for a particular purpose. Seller neither assumes nor MISC. CHARGES 0 00 You can schedule your appointments author!:aa any other person li bi f i TOTAL CHARGES 144 25 2417 i ff in assume t any lity in or a connection with the sale of this LESS INSURANCE 0 roys ngercom 0 www. IternAtema. SALES TAX 8.70 Thank You CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT 0333 3/22/2010 11:52:22 AM PACE 032/042 Fay: Server 3:Ms. _ynnea Hall COMPANY: jG 1?• +? FREYSINGER SERVICE 7177958399 . mccdmut 6320 Calrilsie Me • MechnniesbUirg, Pat 17050 ? MEWANiCSBVRR • PA Phone (717) 766-4733 www mccatft rty com FREYSINGER MAZDA HYUNDAI 6115 CARLISLE PIKE MECHANYcswRG. PA 17055 F ....... ....................... .. . ......... - -- - PECLAWER OF WAIMAlf M N[ LL SLI AMR NM[ED UP The ar y warmnUft h ong applyft to mrrio0 this those dfor h i ) y. „ SV5TSIN t an t e per ls SHp11 D t1E SERVICED N X ousted bV the tnorms1scium VThe sa LDS AT 000 a ? * dOG14f t*10113Y 15* (O 611 ARTS- Qr? +.NUtthClt--------------- pESCRIPh'lON••--••••-L? ?R WE P TS' 0 oa wlalrIne%andafts, haithIer mOP?aw ed or werrW%t1" Implied, Of 1 .00 AR Rleroha - ' by a ohms br a poftWar JOB i I TOTM. LAW a PARTS 38.62 pwp000, and nellim assumes or NWMC- _ ..._......................... ........................................... din V* other person 10 assum for it , 1EJi [ CLICK SOtJtp ' any Ii11DI W in ooRrlecllan whh the soft of bIL FILiaR Y . I" perlIG) ancW servke. Fluyer shalt not espho tw dmw 10 rooover from thhe MUST Fl RF CE WLTH CO ILTER o a QTY • • -FP- tRll?leR ............... DESCRIPTION......... LIST PRI • I?'T?' PRICE. ARTS ? L PAR'fs 0 0 ert deCtl s to WOPO t% dettlapea tot' IOAa A .0 JOB 0 of use, loss of Ww bas of profits or X06 2 TaAL LAM A PMTS 0.00 Inco", at ail olhw inslicloa i denlam ---•----_-•----------1......L.------ ..-? .... ..................................... _ ? & ? '-. >r?terr ? ;+ICta? ues3;. Nan! ke ?p . 1w F ^J#l TJ3Y ralV E . 5 MIEES T?FY 1L A% PggTS ...... arv- Jn'.NUt -=; a s . tiJl?I tt+- ;• -47UST PRhTr<-:UM23, PRICE- US # 3 1 s2M.1FA00 KIT- IRI? i WARRANT`( sae # 3 MTAL. PARTS a." Ilk.: JDd * )310TAL LAI= Jl PAKM 0.00 j ..._ .. ....................................... •- -.....:........ OR ANWE 17.150 P*4E 1 OF 2 cusmrleR coax _ jCOPfrINL1eQOM ttflXY PAt 11:676x1 PAGE 213" RCVD AT 1/8/2010 11:49:46 AM teastem standard Tlmef • SVRAMAX01120 • DNIS:4380 • CSID:7177858380. DURATION (mm-ss):02.06 c3P^ 3/22/2010 11:52:29 AM PAGE 040/04:2 Fax Server 3:Ms. /nnea Hall COMPANY: FREYSINGER SERVICE 7177958399 p,3 riN-(3E'--2010 10:10 Fr•on: To:7176972145 P.1/3 6320 Curible Pike Mechanksbulr& Pa: 17050 . ' r MECNA11tICSBUR6 MCQI"3 Phone (777) 766-4733 www.mccafferty.com 10038 FRFYSXNGEI% MAZDA HYUNDAI 6115 CARt.YSL6 PXKC mecHmicssuRG, PA 17055 PRI=YSDWER . Cok 1KN031- 723537476303 1 1 I -8421 11.7-697-8899 mo: 3002 .....--• ........................... ..,.............. _.. QIBiC NER OF WARRANT= * NEXT FNEOW ffiW O SERVICE: - * 102617010 / 178 NI 8dQ$ Uf LOP/NULTI-POUR * 12 CASH [ I CHECK CK NO. C 1 w I I VISA C I MS10"m [ 3 OISf27VEfL G I AIM XPRESS C I OrM E I C] AIM » YOU FOR YOUR BUSINE,SSII TOTAL LARM.... TOTAL PARTS... rAL SUBL,ET... TOTAL RideW: TOTAL M15C DISC TOTAL -AX...... TOTAL INVOICE 6 r?j ? :r . 1 The WIRY WWWWPFQ% Ir " applying la ft pe11(a) amens serviOa are ems offered by ft rranufactumr. The selba dealer hereby o premsly d ocla * alt 39 61 urailaltllee, abhor expomod or mVW, . 0A inolugkV fitly implied Warr MOS of 0.00 metuhm%MV or tllr wa for a partWulmr 0-00 Pbt? and n*Mw amumee or au ft. 0.00 00 ?iaaa Oftar parecxl IQ equine for ft o. any f In oamedlan Wlft ft salts of 2 . port( ardior wrrvke. Buyer at10s not 39.61 be Own" b tar. XW from on auirmw deter any mneeQmatbd dagtepee, dM49m to Pr Pa*.. dwaW for lose at use, loss d mm logs. 01 pf0ft or IMCNI ,OrarVdhW1rtslderltal110MOas. PAa62 OF x CUaTDM eR CO" ( ENV OP INVOICE ) 11:OTem/ I PACE 319. RCVD AT 1181201011:43:46 AM lEastem Standard Time] • SVR:BAFAX011201 ONIS:4380" CSIO:71770583001 DURATION (mm-ss);02.0e C3? 3 'q 3/22/2010 11:52:22 AM PACE 04-1/04' --ax Server 3:Ms. /nnea Hall COMPANY: FREYSINGER SERVICE JHN--?i-J-euiu 1o:22 t-rom: t ? e 6 b ae.? o r, M CMICHANIBCSOURIC C ff • ? s s \t \4 FREYSINGER MAZDA HYUNDAI 6115 CARLISLE PIKE NECKANICSOURG. PA 17055 FRk?YSINGpR. COM1 71779583339 p.1 6320 Carlisle Pike S Mechanicsburg, PA. 17050 Phone (7'17) 76+6-4733 www.mccaiferty. wra 30x`'7 coma e r?r ? 3,0 0% # CULAI1IIEN 00 WAIeiA11 95 . FSCM FOR a= 7RANS WAS JUST SERVTCE13 NOT NFFE/LVFT LOW P PART i•••-QTY -• FF•WJW 5•.....••.......VIPT'Iat.........LIST PRXE-liN[T PRICE- 1B.DO NERC im 4 1 MTAL P 18.00 JM f 1 TOiVL tJ= A PARTS...,. .,67X61 TOTAIS ------- ......--.. ......----- ............................... ............... NUT F w 11 MA%?rMA IDAKRYT?71Y1711'M CCOVi!'?r ?K • , ?` s ? ? :: f . " TQT/tG'dJ180N , :.. 34.61 t • ?,,_.i? f ? ?. 'TOTAL PAAYS+ Ie.IIU * C a CASH C ]i ckECKi E CK N0.-Gti .J 7;; ?f mT? f?T 9400 Wff, G.D..G.... 0.00 * C I VISA C 1-WM j [13? t:Qq?OL'M" i4t? : If' ?fid7 r1SSC DISC 0.000 0 -9 MW * t I AMER )eMS" C ] C 1.CW&M * TgTAL r.Ax...... COD. YQTALmvo= S 97:81 THANK You FOR W" 9WINM Z ' ! +i 1 --CM;UWr r,ISRt> ?.. :•.,,- -'-stn l? QQ ;ff q 75 9 Y ti 0 g 7 PAGE 1 OF 1 CUST01lfm COPY I END OF WOMB 1 09---U- The any warrentiao, N aML app" V 10 ttw part(s) arv&ar SN'*6 are thm afted by the manulec6m The #41bu dealer naretly erlpresay liscAlm as wwrantim afflw sot mend or implied. 4 udnq anV k*ed wattandes of ma(owntt3ft or fllnm !br a parilcalar purpawk and nelatar aaaumu or 000• (txea ery other pare0n Oa sown l0r It only IhaWy In cannvctim WM Ow sale M Ihb par?k(a) andW o0M0a. 9uyar $hall not be anided to remw front ft =111p dealer any 00neequWlal dwd0l , don al;w to pr0psrtg. derr ps for lose 01 Ua9. WS 01 Mw, bee of pmft of iK100rr1A, Or atry Olhar Irls?iderdel ?qse. PAGE V3. RCVD AT IM201011:43:46 AM IEastem StandardTIM*118VR:EAPAX011201ONI8;4380' C810:717795e399" 0URAT10N (mMss):02-06 C33S 3/22/2010 11:52:29 AM PACE 042/^49 '7a.x Server 3:Ms. -ynnea Hall COMPANY: CUSTOMER 4: 7281218 479224 FREYS(NGER MAZDA-HYUNDA UN=Tf` OC48 6115 CARLISLE PIKE *INVOICE* MECHANICSBURG PA 17050 LYNPJFA A HALL , 3 2 9 E:ALT RD (717) 766-8422 ENOLI?,, PA 1702,5 PAGE 1 (800)'560-8422 HOME:717-728-1218 CONT:N/A BUS: 717-541-6200 CELL:717- 9 -5155 SERVICE ADVISOR: 11 GEL A. ILLE CQ?Ol YJ:AR, :' Mi?KD/NiODEI VIN LICENSE ::: TAG DEL DATE JPRO.D: DATE.:(; .F.M.'1XP.. .( Fn #q. WED PO:-N& RATE::.PA'4' A-M-T ATE::: tab OPTIONS: STK:H645B 1)OC48 EXP 2/28/13 2)9 LEFT Ate' ' ' ,, STATED 91 CH 0.00 0.00., PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 kTFCH' CHU Ix::. C'HA m mm : Rmirnme CFTMAMING ' AF TER VEHTCI;E 1?7UNIER4C24 TIN-. 5 :-,AN-1b. VERIQL ST TEI Fi ?K T . _91. CH - x::.00 0 00 PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE B: 0.00 H LE WAS 3E$fi TC1 KIA AND RTAL PROGRMMED rITPMS` MONITOF£S. AND WAS TOLD 20 DR-1- C FREE DRIVE THRQ.UCH CAIN 'WASH; FW FREE DRIVE THROUGH CAR WASH 91 CH PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE C. 0.00 D CU8'PCMER.::`5, TA7ES T:I+IERE ARE NC7 AI b71-'-'-&li t: C §Tw?-. C{yNCERI?S G7R ???24fICES REQUESTED AT THIS TIME NOC . L STC?I R :STAT- R-S TH 1?'E ARE .k1TC? ADI? *'xflNAL CUSTOMER CONCERNS CR SERVICES REQUESTED AT THIS.IN1F: _ 91 CH PARTS:, 0 .00 T,A:10}? : TQ'Z'1L' DINE? 0 00 0.00 0.00 .. * * * * * * >F :,t * * x• ,F w ;r * tk ?r ? * ie # at• tF . ?'rtF ? >E ? * * ? * +<e-s? ? ? bk 5t '>E ;k * ar;sti t rE. ?r,?tstr * it ;i :' . :. STATEMENT OF DISCLAIMER QESCAIPTtO.N.;; TOTALS r' The factory warranty conalltutes err of the warranties wish reapeoi to LABOR AMOUNT O . O O the sale of this Itemilmma. The Seller hereb ex r l Ol l l l PARTS AMOUNT 0 , p y ess y sc a ms a l warrantees either express or r GAS, OIL, LUKE 00 H Y U n D R 1 mplied, including any implied warranty of merchantabrrity or SUBLET AMOUNT 0 00 fitness for a particular purpose. Seiler neither assumes nor MISC. CHARGES 0 . 0 O You can schedule your appointments authorizes any other person to aswme for It any liability to TOTAL CHARGES OO 2417 Q www.freysingercom tem/Itetrns with the sale of this LESS INSURANCE 0.00 . SALES TAX Thank You CUSTOMER SIGNATURE THIPLEASE OUNT 1.- n' nn C 3,° 3/22/2C1C 11:52:29 AM PAGE 06:31049 ='ax Server 3:Ms. _.Vnnea Hall COMPANY: 6320 Carlisle Pike Mechanicsburg, Pa. 17050 McCaffert ? MECHANICSBURG • PA Phone (717) 766-4733 www mccaffexty.com ; n C, t`5?10 of °100. Pe?? Was ? tea- b,5a, r1a.1/ ?<o? S?cv;cc- ??r , -LUU•3ZS SU J `. ' DEI R°` : ;. 45I U U/ ::'::; LAWR RATE LICENSE NO. MILEAGE NO. COLOR STOCK NO. HYUNDAI ER MAZDA IN Y J 31 424 - FRE S G EAR/MAKE/MODEL DELIVERY DATE DELIVERY MILES 6115 CARLISLE PIKE Y O8 KIA SPORTAGE 4DR 4WD LX V6 AT MECHANICSBURG, PA 17055 VEHICLE U). NO. SEUI OEALER NO. PRODUCTION DATE K N D I E723 587476303 F.T. E NO. P. O. NO. R. O DATE GFREYSINGERISFREYSINGER.COM 12548796 12 31 09 RE NCE: ;. U5INESSPHOHE...r: COMNENT& .. - - ?>3?A'2 7fiB*2 I 717-697-8899 MO: 3144 ;., ..,.:•... ., ; 0-1 ... 1,.:-: ... DISCLAIMER OF WARRANTIES s. The only warranties, if any, applying to #y the part(s) and/or service are those ?i A LA offered by the manufacturer. The selling R I .,, $5 • dealer hereby expressly disclaims all ART QTY= -FP N ? , ' - RE , PF (?N - LZSL'; fNiICEAMIT PRICE, ? MTY : =TPMS $I warranties, either expressed or implied, including any implied warranties of 2E600: DB # T 1 95 U f f JW ..°I TOTAL PARTS' 0'.00, merchantability or fitness for a particular purpose, and neither assumes or autho- JOB` i' TOTAL LABOR & PARTS; 0.00; rizes any other person to assume for it -- ----------.----------- any liability in connection with the sale of YNNEA HALL 697.0920 -------------- this part(s) and/or service. Buyer shall not be entitled to recover from the selling OTALS------------------------------- ------------------------------------------------------------ dealer any consequential damages, damages to property, damages for loss **$%A* A* *k****IIIIII *** * **** * * * *** * **A* of use, loss of time, loss of profits or NEXT RECONNENDEO SERVICE: At /ATMniA ! 21 AAA MT 11 Y77nan" * AM cccvTM.. - * income, or any other incidental damages. I?r*A,r * rx* A? *+r?,* ke* Lw**x ?A*,?w*,?,w,rks '?" 'i 10A? t .. 0.00 * x"s l TOTJIi P 0.00 * * ? [ ] CASH C I CHECK= CK NO [ Y' TOTAtI S T .. um 0.00 * TT' G.OG.... 0.00 * [ } VISA [ } ? 1ERCARD [ 7 DISCOVER }*:h TOTAl hl: CHG. 0.00 TOTAL MISC DISC 0.00: * C ] AMER XPRESS C ] OTHER [ ] CHARGE' * TOTAL TAX'...,.. 0.00 **************** ****************+t******: ;. TOTAL INVOICE $ 0.00 YOU FOR YOUR BUSINESSH ?h i S Was ?? ? th S 8 PAGE 1 OF 1 CUSTOMER COPY. t ENO OF INVOICE 04:47pm Vv1e. are wv.S o r, t`?11o, 3/2212C10 11:52:22 AM PACE 044/^42 °a.x Server 3:Ms. _,ynnea Hall COMPANY: t. 24. 1UIU /://AM VKUVILILK G5 CUSTOM ER #: 30257 LYNN'EA HALL 329 SALT RD ENOLA PA, PA 17025 HOME:703-8424 CONT-.N/A 9Z89?. INJO Z CE PAGE I SERVICE ADVISOR: r.. ' W KNDU 7 i"r::i>!,.?'',i'.?'::j,` °r]r;? .. 1Y ...i4S}t?i4• ?j OPTIONS; DLR:35630 ENG.- NU, (1V4 Y. L 1. "bMe take care ofy 4201 CRAMBBRS HILL RO HARWSBUI&G, PA 17111 PHONE (717) 564-2240 - Paz (717) 564.2473 www,t mffmUios.C0m 5 x u /' V0 4-11-V i? - r ac v LINE OPCODE TEM TXPE HOURS : NET TOTAL ???yyqq0rr.?} F e n ??P'.F 1r.; , , r ?r •. .T77! n,T ,? ,;17 7 :-r+r n i7 '.j.7? ; , v' J? I, i. q i ; r 1••I'C"TIPL?i??'o ..09w': 1r/??_.`'•; y°.': .-.S a': .'.:' :., Y, :. ;?:' .: 1,J4 •. •v .. t,•,I ]`, a: Jv .yS ? r?},''¢:+ S .'':': }r ); 04 RECALISRATED `I'RE PRESSURE SENSOR POSITIONS AS „??• '?'`GY rwl.'J.i '???G,I?. 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The PARTS AMOUNT 0.00 . , THAT ANY PART REPAIRED OR RlPLACED VEHICLE OR OTHERWISE rossly tlleduma ao Sailer hwaby a 11"w pxi9dar wanaltAe wwmn & or or t3A5. OIL, LURE G 0,O0 UNDER THIS CLAIM HAD BSEN CONNBCTIMI IN ANY WAY WITH ANY NEGLIGENCE OR M1SUSa. RIECORO$ SUPPORTING THIS ACCIDENT Intl any . ywmnty of m hannhlllty oe AMOUNT 0 . Q , CLAIM ARE AVAILABLE FOR 17 Y9AN FROM THE DATE OF PAYMENT Y tRnae fo+ ¦ patz=, our"". 861W nelther uouma nor MISC. CHARGES 0.00 ION BY NOTIFICATION AT THE SERVICINQ DEALER FOR INSPI{C MANUFACTURER'S REPRESENTATIVE. wtiorlses an tlmw P rAw >?o ? TOTAL CHARGES O.O or a ua%ma f t {y oomo°tlon with twry M aole of thn ig 1111 L-$$ INSURANCE .00 IC0"'ntO SALES TAX 5 ISIGNEDI O A , 0 RAL MANAGER OR AUTHOP4 RSON IDA CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT ;` ', `, •;?'t.?. i°; M, €," ?"?,: ?iY,;;,,>.? ,y Cepnivm 20006°41,6. 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CHARGES 0.00 NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MANUFACTURER'S REPRESENTATIVE, suthorizea arry othr perm to I li bili TOTAL CHARGES 0.00 assume for t any a ty connection with the sate of this -LESS INSURANCE 0.00 Itemfnama. SALES TAX 0 (SIGNED) DEALEA. GENERAL MANAGER OR AUTHORIZED PERSON IOATE) CUSTOMER SIGNATURE PLEASE PAY ??'•^`<•<'=`>'>' THIS AMOUNT CUSTOMER #: 30257 LYNNEA HALL 329 SALT RD ENOLA PA, PA 17025 ROME:703-8424 CONT:N/A BUS: CELL: 93610 INVOICE PAGE 1 SERVICE ADVISOR: MUMR KIA "We take care of you" 4201 CHAMBERS HILL ROAD HARRISBURG, PA ]7111 PHONE (717) 564-2240 - Fax (717) 564-2473 www.Lmrnerauros.com 74763031 EKP91161 34766/347 1 0. 001 CASH 1 0 OPTIONS: DLR:35630 ENG:2.7 Liter 06:54 3 LI :ikiFdF:yy.': <F??*:?t:i:??*;.*iit::i+i: ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE STATEMENT OF DISCLAIMER t7>:$4RIRT?lt? TCf1`ALS INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SH WN The factory warranty constltutos all LABOR AMOUNT 0 , 00 O , SERVICES DESCRIBED WERE PERFORMED AT NO CHARGE 70 of the warranties with rospoct to PARTS AMOUNT OWNER, THERE WAS NO INDICATION FROM THE APPEARANCE OF THE the sale of this Item\itams. The 0. 0 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED Seller hereby nxprmxly disolalma all OIL LOBE GAS 0 0 0 UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY worth"*@ sit or nxpress or , , , Implied, Including any Implletl SUBLET AMOUNT ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS warranty of merchentabillty or 0 00 CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT fitness for a particular purpoae. MISC CHARGES 0 00 NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY Seller neithor assumes nor . MANUFACTURER'S REPRESENTATIVE, outhadzos any other person To assume for it any Iloblilty In TOTAL CHARGES 0 00 connection with the eels of this mrl m LESS INSURANCE Q , 00 te te s. SALES TAX 0.00 (SIGNEDI DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT 0'..00 C-,,, rHgn, 2000 4+. i- Ee-cl MVni[[ /] xg,pp CUSTOMER COPY Z00/ZOOlj XVH TS:bO LTOZ/ZT/ZT H L '? R; U V! u 'K; I,; CUSTOMER #: 30257 LYNNEA HALL 329 SALT RD EN'OLA PA, PA 17025 HOME:703-8424 CONT:N'/A L 93000 MKTA UVCR INVOICE "We fake care of you" 4201 CHAN SPRS HILL ROA.D PAGE 1 IIAMSBURG, PA 17111 PHONE (717) 564-2240 - FaX (717) 5641-2473 04 RECALIBRATED TPMS SYSTEM 2000 C 0.00 0.00 .PARTS: 0100 LABOR: 0.00 OTTER: 0.00 TOTAL LINE A: 0,00 *Ir rlr?Yt**kilr+k fM k#*•*f171•Wi'*'k?r*k yY'k**dr ev yr Yr**Ar .49r ,k :47F**yr w'?'*k rlfwYf k* S I % ,' 1 '' 1' ( ''1• lei 1 IU ' jl ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE INFORMATION CONTAINED HERRON1S ACCURATE UNLESS OTHERWISE SH OWNER. THERE WAS NO OWN. SERVICES DESCRIBEDWERE PER19ORMEDAT NO CHARGE TO VEHICLE OR OTHERWISE, I TF ATTANYFPART REPAIR O N REPLACED UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY ACCIDENT, NEGLIGENCE OR MISUSE, RECORDS SUPPORTING THIS CLAIM ARE AVAILABLE FOR 11) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MANUFACTURER'S REPRESENTATIVE. STATEMENT OF DISCLAIMER The hLmry Warranty motules all of V* WarrandgS wilh rasped to Se ela SehWgby tNexorwe?dlInIgimehall w ronlies ollher express OF Impllad, inautling any -w_ etnem ror a paN ul? try or pLrposa. Ballot neither assumes nor autharizoa any other roman to assume ref II any Ilabilly In Cettrlecdon wllh the sale Of this Ilom/lemt. '' 1?ESGRIP,TI¢ ' TOTAL,& ' LABOR AMOUNT 0.00 PARTS AMOUNT 0.00 GAS, OIL, LUBE 0.00 SUBLET AMOUNT 0.00 MISC. CHARGES 0.00 TOTAL CHARGES 0-00 LESS INSURANCE 0 - 00 SALES TAX PLEASE PAY THIS AMOUNT 0.00 0,. cc.yfth."m'P. ins cen aINVQee 02 XEI20 CUSTOMER COPY VA ILI J r R L1 V L CUSTOMER #: 30257 93317 UUMR INVOICE LYNNEA HALL "We fake care ofyou" 329 SALT RD 4201 CHAMBERS HILL ROAr) ENOLA PA, P.A. 17025 PAGE 1 HARRISBURG, Pa17111 PHONE (717) 564-2240 • Pax 17111 564-2473 HOME : 7 0 3- 8 4 2 4 CONT : N /A www.rumerautos.com RTT.q r t,F.T.T, - SERVICE ADVISOR: ins; nT: m rnTWWm IrbG ?;'';', , ';YE? F , "';,) tAI IV1t3F3?1 " I i"i?ISE.'I('; ILE 1?,E IN 1.QU.. TAQ 08 KIA SPO AGE 4D 2WD KNDJE723587476303 EKP911 34223/34223 0. p1?f;4Y'k't1ftiTE; ?UI>R ':F,?CI?s:, . P?iCihr}f$' !? ':`..'` PO C3{o:`';''' 14TH PKY.i,wlF'C`,'` ' :PATE 01JAN06 D o.oo CASH 1 OPTIONS; DLR:35630 ENG:2.7 Liter 06:47 17MA-RIO 1 13:31 17MAR10 LINE UYC:ULE '.UZCH TYPE HOURS LIST NET TOTAL COLT 02 DID NOT HEAR NOISE, BUT APPLIED BELT LUBRICANT PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 04 ORDERED TPMS MODULE AS PER TECHLINE PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE B: 0.00 1?? ,r I r ; ;,&? ? W ON BEHALF OF SERVICING DEALER, I HpREBY CERTIFY THAT THE STATEMENT OF DISCLAIMER INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHOWN SERVICES DESCFIIEED WERE PERFORMED AT NO C The factory warranty constitutes ell f LABOR AMOUNT 0 . 00 . HARGE TO OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE the werrantlea with respect to o the sale of this Itamlltoms. The PARTS AMOUNT 0. 00 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRER OR REPLACED Seller hereby expressly disclaims all GAS OIL LOBE UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY warranties ei er axpress or , , 0 . 00 ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS Implied, Including any Implied r ab ? a m e SUBLET AMOUNT 0 0 0 CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT urpoae for t ry?Nl?r titneta a p MISC CHARGES 0 NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY Scller neither easumes nor . , 0 0 MANUFACTURER'S REPRESENTATIVE. authorlses any other pparson to assume for It any liability in TOTAL CHARGES 0 , 00 connection whh the sale of this Item/heme LESS INSURANCE 0 00 . SALES TAX 0 00 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) CUSTOMER SIGNATURE PLEASE RAY THIS AMOUNT Cerrdrn, 20M ACV, 1- Szw;Q INV91CE ra Xai:C CUSTOMER COPY Kimmel & Silverman, PC Robert A. Rapkin, Esquire Identification No. 61628 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 LYNNEA HALL, Plaintiff v. KIA MOTORS AMERICA, INC., Defendant ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY n c N ~, ~ ~!. ~_~..' E.R. ~ ~ ~ ~'~ ~_ . CIVIL ACTION =c No. 10-2995 ~~ "' ' C ~' - -- " tV , -C ~ :~ PLAINTIFF'S RESPONSE TO PRELIMINARY OBJECTIONS OF DEFENDANT KIA MOTORS AMERICA, INC. Plaintiff, Lynnea Hall, by and through her counsel, Kimmel and Silverman, P.C., hereby responds to the Preliminary Objections of Defendant, KIA Motors America, Inc., and states as follows: 1. Denied in that Exhibit "A", Plaintiff s Complaint, speaks for itself. A. Plaintiff s Responses to Defendant's Preliminary Objection in the Nature of a Demurrer Pursuant to Pa. R.C.P. 1028 (a)(2) or in the Alternative a Motion for a More Specific Pleading Pursuant to Pa. R.C.P. 1028 (a)(3) 2. Denied in that Count II of Plaintiff s Complaint speaks for itself. 3. Denied as a conclusion of law and/or fact. By way of further answer, it is immaterial whether the vehicle was purchased directly from Defendant, its authorized dealer, or a non-KIA dealership facility. The Pennsylvania Unfair Trade Practices Act does not require the parties be involved in a direct sales transaction. All that is required is that Defendant be a "person", which is a corporation. See P.S. § 201-2(2). Defendant 2 does not dispute it is a corporation. See Defendant's motion to determine preliminary objections, et seq. All Plaintiff is required to show is that said corporation was involved in the ,"distribution of services .directly or indirectly affecting the people of the Commonwealth". See P.S. § 201-2(3). Plaintiff alleges that the KIA vehicle she purchased came with the express KIA warranty. Defendant does not dispute that it promulgated this warranty and is responsible for all services appurtenant to the warranty. This is tantamount to "distributing services". Moreover, Defendant's failure to perform effective and long-lasting repairs under this warranty "directly affected" Plaintiff by diminishing the value of her vehicle and by forcing her to repeatedly return to Defendant's authorized dealerships for repair attempts. See Plaintiff's Complaint attached as Defendant's Exhibit "A" at paragraphs 9, 10, 19, 21 and 22. Further denied in that Plaintiff specifically alleges that Defendant, by the terms of its warranty, represented that this vehicle was free from defects. Plaintiff has and will continue to adduce an abundance of factual support, in the form of allegations, repair invoices and the sales agreement, which demonstrate that this warranty effectively promised a certain level of future performance and service but ultimately failed of this essential purpose. Further, for purposes of liability under the Magnuson Moss Act, a manufacturer/warrantor and its chosen delegate for warranty repairs are inseparable. See 15 U.S.C. 2301 (5) and 15 U.S.C. 2307. 4. Denied as a conclusion of law and/or fact. By way of further answer, it is alleged in Count II of Plaintiff's Complaint that Defendant committed fraud as defined under the Pennsylvania Unfair Trade Practice and Consumer Protection Act, 73 P.S. 3 §201-2(4), by failing to comply with the terms of a written warranty given to the Plaintiff at the time of sale and for other reasons set forth within the statute's definition of "unfair or deceptive acts or practices." Plaintiff further alleges/avers that Defendant's "conduct surrounding the sale and servicing of the subject vehicle falls within" the Pa. UTPCPL. See Exhibit "A" at paragraph #33. Therefore, Count II complies with Pennsylvania Rule of Civil Procedure 1019(b). Further denied in that Defendant's insistence that Plaintiff must specifically allege what actions constitute "fraud" is misleading, as the Pa. UTPCPL requires only a showing of false or deceptive practices. Moreover, discovery is underway in this case and Plaintiff is pursuing information probative of an UTPCPL violation, which would presently be in Defendant's or its' authorized dealers' possession. It would be unfairly prejudicial to limit Plaintiffs complaint to the evidence it has in its possession pre-discovery. Further denied in that this is a legal conclusion to which no response is required. 5. Denied as a conclusion of law and/or fact. By way of further answer, it is denied that Plaintiff need to set forth. that a specific representation was made that the goods and services were of a particular standard, as this is implied by law under an implied warranty of merchantability. Furthermore, it is alleged in Plaintiff's Complaint that all repair attempts were performed by Defendant's authorized dealers, that those attempts were ineffective and that the vehicle has been subject to additional repair attempts for which Defendant's authorized dealer did not provide or maintain itemized statements or records as required by law. WHEREFORE, Plaintiff, Lynnea Hall, respectfully request this Court deny Defendant's proposed order. 4 B. Plaintiff s Responses to Defendant's Preliminary Objection in the Nature of a Motion to Strike Pursuant to Pa. R.C.P. 1028 (a)(2) or in the Alternative a Motion for a More Specific Pleading Pursuant to Pa. R.C.P. 1028 (a)(3) 6. Denied. By way of further answer, Count I of the Complaint alleges specific violations of the Magnuson Moss Warranty Improvement Act. Further denied in that Pazagraph #18 of Plaintiff's Complaint discusses the analogous nature of state and federal breach of warranty claims. This is not an allegation. Pazagraph #20 quotes the text of the statute, 15 U.S.C. § 2310 (d)(2). Neither paragraph contains an "allegation" or requires a factual averment under Pa. R.C.P. 1019(a). Defendant's preliminary objection to paragraphs # 18 and #20 is thus unfounded. See Exhibit "A" at paragraphs # 18 and #20, neither of which contains an allegation. By way of further response, Plaintiff's Complaint avers that the subject vehicle was purchased with an express warranty. See exhibit "A" at pazagraph 8. Plaintiff subsequently reported defects with the sliding doors and Defendant breached this warranty by making ineffective repair attempts. Id at Pazagraphs 6, 7, 8, 9, and 10. Plaintiff has also attached the repair invoices to her Complaint. 7. Denied as a conclusion of law and/or fact. By way of further answer, Defendant's preliminary objection here is also unfounded. Paragraphs #31, 32, 33, and 35 of the Complaint recite the legal standards for the Pennsylvania Unfair Trade Practices and Consumer Protection Law, the Pennsylvania Lemon Law, and the Automotive Industry Trade Practice Rules. There are no "facts, stated in a concise and summary form" which Plaintiff must aver, because these aze not allegations. Specifically, Paragraph #31 states "Section 201-9.2(a) of the Act (UTPCPL) authorizes a private cause of action for any person "who purchases or leases goods or services primarily for 5 personal, family or household services". This is not an allegation, but a literal quote of the text of the UTPCPL. Similarly, Paragraph #32 states that a violation of the Lemon Law is a per se violation of the UTPCPL. This also is not an allegation but a recitation of the Lemon Law and the UTPCPL. Paragraph #33 quotes the text of UTPCPL and Paragraph #35 recites the provisions of the Automotive Industry Trade Practice rules and regulations adopted by the attorney general. As shown above, none of the Para~ranhs mentioned in Defendant's areliminary obiection #7 allele anythin~, they merely recite the legal standard for the various statutes and administrative regulations that form the basis of Plaintiffls Complaint. Defendant's preliminary objections are thus unfounded and should be denied, as Plaintiff merely quotes the law and cannot provide "facts, stated in a concise and summary form" which "prove" the text of the aforementioned statutes. 8. Denied as a conclusion of law and/or fact. By way of further answer, again, Plaintiff is simply quoting from the text of the UTPCPL to allege that the actions of the Defendant fall within the protection of the statute's provisions specifically identified in Plaintiff's Complaint. It is worth repeating that under Pennsylvania law, Plaintiff is required to cite the applicable provisions of the statute under which it files suit. See Commonwealth v. Peoples Benefit Servs., supra. Defendant's preliminary objection to the inclusion of these quotations/citations is misguided in that it asks the Court to contravene the requirements of Pa. R.C.P. 1019(a). Such a result is not countenanced by any Pa. R.C.P. As such, defendant's preliminary objections should be denied. 9. Denied as a conclusion of law and/or fact. By way of further answer, again, Plaintiff is simply quoting from the text of the UTPCPL to allege that the actions 6 of the Defendant fall within the protection of the statute's provisions specifically identified in Plaintiffs Complaint. It is worth repeating that under Pennsylvania law, Plaintiff is required to cite the applicable provisions of the statute under which it files suit. See Commonwealth v. Peoples Benefit Servs., supra. Defendant's preliminary objection to the inclusion of these quotations/citations is misguided in that it asks the Court to contravene the requirements of Pa. R.C.P. 1019(a). Such a result is not countenanced by any Pa. R.C.P. As such, defendant's preliminary objections should be denied. Additionally, with regard to #36, Plaintiff has included proper, specific allegations in the background section of Plaintiffs Complaint, which are included by incorporation in the remainder of the Complaint. 10. Denied as a conclusion of law. By way of further answer, please see plaintiff's responses above. 11. Denied as a conclusion of fact and/or law. By way of further answer, Defendant does not have to "answer" the "allegations" in Paragraphs #18, 20, 31, 32, 33, 34, 35, and 36 because these Paragraphs contain no "allegations". Each paragraph merely recites or quotes the applicable provisions of the statutes Plaintiffs have filed suit under or recites the relevant portions of the Automotive Industry Trade Practice and regulations. It is worth repeating that under Pennsylvania law, Plaintiff is required to cite the applicable provisions of the statute under which it files suit. See Commonwealth v. Peoples Benefit Servs., supra. Defendant's preliminary objection to the inclusion of these quotations/citations is misguided in that it asks the Court to contravene the 7 requirements of Pa. R.C.P. 1019(a). Such a result is not countenanced by any Pa. R.C.P. As such, defendant's preliminary objections should be denied. By way of further response, Plaintiff has provided all factual support presently in its possession, including the purchase contract, the warranty contract and the repair orders. She will provide further information and factual support as it is obtained through the discovery process. Defendant can respond to the Complaint in its present form and will have an opportunity to refute additional evidence Plaintiff tenders during discovery and the litigation process. Its preliminary objections are thus premature and, as mentioned above, incompatible with Pa. R.C.P. 1019(a). WHEREFORE, Plaintiff, Lynnea Hall, respectfully requests this Court deny Defendant's proposed order. BY: Dated: June 8, 2010 Respectfully Submitted, KIMMEL & SILVERr Robert A. Rap~n, ui Identification No. 628 30 East Butler P' e Ambler, PA 19 02 (215) 540-8888 8 Kimmel & Silverman, PC Robert A. Rapkin, Esquire Identification No. 61628 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 ATTORNEYS FOR PLAINTIFF LYNNEA HALL, Plaintiff v. KIA MOTORS AMERICA, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 10-2995 Defendant PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S PRELIMINARY OBJECTIONS I. BACKGROUND Plaintiff initiated this action against Defendant, KIA Motors America, Inc., by means of a Complaint filed on or about May 4, 2010. The Complaint asserts claims under the Magnuson- Moss Warranty Act, 15 U.S.C. § 2301, et seq., and the Pennsylvania Unfair Trade Practices and Consumer Protection Law. The Complaint alleges, among other things, that the Plaintiff suffered economic damages as a result of the purchase and subsequent servicing of a used 2008 KIA Sportage. In response to the filing of said Complaint, Defendant filed the instant Preliminary Objections. Defendant alleges that Plaintiff's Complaint contains substantive defects. 9 II. LEGAL STANDARD Preliminary objections must be denied where any theory of law supports the pleading challenged in the preliminary objection. Cianfrani v. Commonwealth State Employees' Retirement Bd., 479 A.2d 468 (Pa. 1984). Furthermore, the only issue to be resolved by a preliminary objection in the nature of a demurrer is whether the pleadings are sufficient. to entitle a claimant to relief. See International Union of Operating Engineers v. Linesville Contr. Co., 322 A.2d 353 (Pa. 1974). III. LEGAL ARGUMENT A. Plaintiffs Complaint Pleads with Sufficient Specificity Plaintiffs Claim Under the Unfair Trade Practices And Consumer Protection Law. A pleading contains specific enough facts where the facts alleged are "sufficiently specific so as to enable [a] defendant to prepare [its] defense." Smith v. Wagner, 588 A.2d 1308, 1310 (Pa. Super. 1991). "Namely, ultimate facts essential to support the claim must be pled or the plaintiff's complaint must inform the defendant, with accuracy and completeness, of the specific basis on which recovery is sought, so that defendant may know without question upon what grounds to make the defense." Dibble v. Penn State Geisenger Clinic. Inc., 42 Pa. D&C 4~' 225 (Lackawanna Cty. 1999). In its preliminary objections, Defendant asserts that Count II of the Complaint, which alleges a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), fails to allege that Defendant was involved in any sales transaction with Plaintiff. However, it is alleged in paragraphs 3 and 5 of Plaintiff s Complaint that Plaintiff purchased a vehicle manufactured and warranted by Defendant. It is also alleged in paragraphs 6, 7 and 8 of the Complaint that Defendant issued to Plaintiff several warranties with respect to the material or 10 workmanship of the vehicle and that these warranties were the basis for the bargain between Plaintiff and Defendant. See Exhibit "A" at Paragraphs #3-5, and #6-8. Additionally, Defendant asserts that Plaintiff has failed to set forth what actions or omissions of Defendant constitute fraud. To the contrary, it is alleged in Count II of Plaintiff's Complaint that Defendant committed fraud as defined by the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. §201-2(4), by failing to comply with the terms of a written warranty given to the Plaintiff at the time of sale and for other reasons set forth within the statute's definition of "unfair or deceptive acts or practices", which is a per se violation of the Act. Therefore, Count II adequately complies with Pennsylvania Rule of Civil Procedure 1019(b). Defendant alleges that nowhere in the body of the Complaint does it set forth facts regarding the alleged representation that the goods and services were of a particular standard. However, Plaintiff is not required to set forth that specific representations were made that the goods and services were of a particular standard, as this is implied by law under an implied warranty of merchantability. In Hornberger v. General Motors, No. 95-7333 (E.D. Pa. 1996), Judge Kelly stated that an implied warranty of merchantability arises by operation of law and serves to protect buyers from loss where the goods purchased are below commercial standards. Additionally, Pa.R.C.P. 1019(a) requires that "the material facts upon which a cause of action or defense is based shall be stated in a concise and summary form." Plaintiffs Complaint fully complies with this Rule as all the issues are fully summarized and all the material facts are summarized which are necessary or essential to sort Plaintiff's claim which would enable Defendant to prepare a defense. As held 11 in Bartanus v. Lis, 480 A.2d 1178, 332 Pa. Super. 48 (Pa. Super. 1984), the complainant need only state the material facts upon which a cause of action is based. B. Defendant's Request to Strike Paragraphs 18, 20, 31, 32, 33, 34, 35 and 36 is not Within the Scope of the Pa. R.C.P. Because these Paragraphs do not Contain Any Allesations. Defendant requests that the aforementioned. paragraphs be stricken because they do not comply with Pa. R.C.P. 1019(a). That rule requires only that material facts on which a cause of action is based shall be stated in a concise and summary form. See Pa. R.C.P. 1019 (a). As mentioned previously in Plaintiffls response to Defendant's preliminary objections, all of these paragraphs either quote the statutory text or summarize the relevant portions of the applicable statutory provisions. There is no allegation and none of these paragraphs contain any material facts upon which Plaintiff bases its complaint. These paragraphs are thus not within the scope of the rule. Defendant's preliminary objections to these paragraphs are thus incongruous and its reliance on Pa. R.C.P. 1019(a) as supportive of this position is misplaced. There is no Pennsylvania rule of Civil Procedure which allows any party to strike a quotation or summary of the applicable portion of a statute. See Pa. R.C.P., et seq. In fact, Pennsylvania law re uires Plaintiff to cite the applicable provisions of the statute the cause of action falls under. See Peoples Benefit Srvs., supra. C. Plaintiff s Complaint Alleges Specific Violations of the Magnuson-Moss Act and Unfair Trade Practices Act Which are Sufficiently Supported By Facts. Defendant further argues Count I and Count II of Plaintiffl s Complaint allege general violations of the Magnuson-Moss Warranty Act and Unfair Trade Practices Act, respectively, and fail to aver facts in support of those claims. Pa.R.C.P. 1019(a) requires that "the material 12 facts upon which a cause of action or defense is based shall be stated in concise and summary form." Plaintiff's Complaint fully complies with this Rule as all the issues and material facts are summarized. As such, Defendant has been supplied with the necessary and essential facts to sort Plaintiff's claims and prepare a defense to same. It must also be noted that Plaintiff has attached an abundance of repair invoices, and the underlying sales agreement which plainly evidences both the sales transaction between Plaintiff and Defendant and warranty repair attempts. These were attached to Plaintiff's Complaint. This represents the sum total of all the factual support Plaintiff has regarding its case, because this case is still in the discovery process. Defendant is merely jumping to conclusions by arguing that there is no factual support for this complaint. Further documentation will be provided during the discovery process, and it is thus premature to declare that no factual support exists for Plaintiff's Complaint. IV. CONCLUSION Based on the above, Plaintiffls Complaint has been pled with sufficient specificity to allow Defendant to prepare a proper defense. Wherefore, Defendant's Preliminary Objections should not be sustained as the dismissal of Plaintiff's Complaint is not clearly warranted or free from any doubt and Plaintiff s Complaint was filed in compliance with the Pennsylvania Rules of Civil Procedure. Accordingly, Plaintiff respectfully requests that this Honorable Court deny Defendant's Preliminary Objections, or, if the Court is inclined to grant Defendant's preliminary objections, Plaintiffs respectfully requests that this Honorable Court grant Plaintiff leave to 13 Amend her Complaint. BY: Respectfully Submitted, KIMMEL & SILVERMAN.p.C. Hobert A. Napkin Identification N . 61 30 East Butler ike Ambler, PA 1 002 (215) 540-88 8 CERTIFICATE OF SERVICE I, Robert A. Rapkin, Esquire, counsel for Plaintiff, hereby certify that on the date indicated below, I served the party listed below with a true and correct copy of the attached Plaintiffls Response to Defendant's Preliminary Objections by first class mail, addressed as follows: Heather Russell Fine, Esquire Dennis Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC 1515 Market Street, Ninth Floor Philadelphia, PA 19102-1909 BY: Dated: June 8, 2010 HIMMEL & SILVERMAN, P.C. Robert A. Rapkin, Identification N . 61 30 East Butler ike Ambler, PA 002 (215) 540-8 88 14 CERTIFICATION I, Robert A. Rapkin, Esquire, being duly sworn according to law, hereby states that he is the attorney for the Plaintiffs herein and that he is acquainted with the facts set forth in the foregoing Plaintiff's Response to Defendant's Preliminary Objections, 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 relating to unsworn falsification to authorities. BY: /s/ Robert A. Rap cin, E qui Identification No. 628 30 East Butler Pi e Ambler, PA 190 2 (215) 540-8888 Dated: June 8, 2010 15 TO: Plaintiff You are hereby notified to plead to the enclosed New Matter pursuant to Pa.R.C.P. 1030 within twenty (20) days of service thereof or a default judgment may be entered against you. BY: Attorney for Defendant, Kia Motors America, Inc. ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: DENNIS P. ZIEMBA, ESQUIRE HEATHER RUSSELL FINE, ESQUIRE ~, ~ ~ '- Attorney LD. No.: 76098/88020 -~~''' ~__ -r ... dziemba@eckertseamans.com :,-~ , ~ ' ` ` Two Liberty Place ,~; -~ r ~ , - 50 South 16`I' Street, 22d Floor - . Philadelphia, PA 19102 3 (215) 851-8400 _ r? Attorneys for Defendant, Kia Motors America, Inc. ~' . vl LYNNEA HALL, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Civil Action KIA MOTORS AMERICA, INC., No. 10-2955 Defendant ANSWER WITH NEW MATTER OF DEFENDANT, KIA MOTORS AMERICA. INC., TO PLAINTIFF'S COMPLAINT Defendant, Kia Motors America, Inc., through its counsel, Eckert Seamans Cherin & Mellott, LLC, answers the Complaint as follows: 1. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 2. Denied as stated. Kia Motors America, Inc. is incorporated under the laws of the State of California and maintains its principal place of business in California. Kia Motors America, Inc. is qualified to conduct business in the State of Pennsylvania and has offices in Irvine, California. BACKGROUND 3. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this pazagraph and, therefore, said averments are denied. 4. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this pazagraph and, therefore, said averments aze denied. 5. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this pazagraph and, therefore, said averments are denied. Answering defendant admits a copy of what appears to be a purchase contract is attached to plaintiff's Complaint as Exhibit "A." No admissions are intended or made regarding Exhibit "A." 6. Denied as stated. It is generally admitted that Kia Motors America, Inc. provides a new vehicle limited warranty to buyers of new Kia vehicles. Answering defendant pleads the terms, conditions and limitations set forth in its limited warranty. 7. Denied as a conclusion of law to which no affirmative response is required. 8. Denied as stated. It is generally admitted that Kia Motors America, Inc. provides a new vehicle limited warranty to buyers of new Kia vehicles. Answering defendant pleads the terms, conditions and limitations set forth in its limited warranty. Answering defendant admits a copy of what appears to be a portion of a warranty is attached to plaintiff's Complaint as Exhibit "B." No admissions are intended or made regarding Exhibit "B." 2 9. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 10. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. Answering defendant admits copies of what appear to be repair invoices are attached to plaintiff's Complaint as Exhibit "C." No admissions are intended or made regarding Exhibit «C „ COUNT I MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT CLAIM 11. Answering defendant incorporates by reference its response to the allegations of plaintiff's Complaint, as though said answers were fully set forth herein. 12. Denied as a conclusion of law to which no affirmative response is required. 13. Denied as a conclusion of law to which no affirmative response is required. 14. Denied as a conclusion of law to which no affirmative response is required. 15. Denied as a conclusion of law to which no affirmative response is required. 16. Denied as a conclusion of law to which no affirmative response is required. 17. Denied as stated. It is generally admitted that Kia Motors America, Inc. provides a new vehicle limited warranty to buyers of new Kia vehicles. Answering defendant pleads the terms, conditions and limitations set forth in its limited warranty. 18. Denied as a conclusion of law to which no affirmative response is required. 3 19. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments aze denied. 20. Denied as a conclusion of law to which no affirmative response is required. 21. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this pazagraph and, therefore, said averments aze denied. 22. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments aze denied. 23. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this pazagraph and, therefore, said averments aze denied. 24. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 25. Denied as a conclusion of law to which no affirmative response is required. 4 26. Denied as stated. It is generally admitted that Kia Motors America, Inc. provides a new vehicle limited warranty to buyers of new Kia vehicles. Answering defendant pleads the terms, conditions and limitations set forth in its limited warranty. 27. Denied as a conclusion of law to which no affirmative response is required. WHEREFORE, Defendant, Kia Motors America, Inc., respectfully demands judgment in its favor, together with costs, interest thereon, attorneys' fees and such other relief as this Court deems just. COUNT II PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 28. Answering defendant incorporates by reference herein its response to the allegations of plaintiff s Complaint, as though said answers were fully set forth herein. 29. Denied as a conclusion of law to which no affirmative response is required. 30. Denied as a conclusion of law to which no affirmative response is required. 31. Denied as a conclusion of law to which no affirmative response is required. 32. Denied as a conclusion of law to which no affirmative response is required. 33. Denied as a conclusion of law to which no affirmative response is required. 34. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 35. Denied as a conclusion of law to which no affirmative response is required. 36. Denied as a conclusion of law to which no affirmative response is required. 37. Denied as a conclusion of law to which no affirmative response is required. 5 WHEREFORE, Defendant, Kia Motors America, Inc., respectfully demands judgment in its favor, together with costs, interest thereon, attorneys' fees and such other relief as this Court deems just. NEW MATTER 3 8. Plaintiff s claims may be barred by the applicable statute(s) of limitations. 39. Plaintiffls Complaint fails to set forth a cause of action upon which relief can be granted. 40. Plaintiff may have failed to give timely notice of any alleged breach of warranty as required by law. 41. The alleged nonconformities do not substantially impair the use, value or safety of the vehicle in question. 42. If plaintiff purchased the vehicle as alleged, there should have been delivered with the vehicle a written limited new vehicle warranty. This warranty speaks for itself and answering defendant pleads the terms and limitations in this warranty. 43. Plaintiff may have failed to provide Kia Motors America, Inc., its agents, or authorized dealers a reasonable number of attempts to repair or correct the alleged nonconformities. 44. The allegations contained in plaintiff's Complaint do not give rise to the imposition of discretionary damages pursuant to the Pennsylvania Unfair Trade Practices Act. 45. Plaintiff is barred by the doctrines of waiver and estoppel in asserting this claim. 46. Plaintiff may have abused or misused the subject vehicle. 47. Plaintiff may have failed to comply with her obligations under the warranty. 6 48. Answering defendant reserves the right to interpose sucl~.pther defenses as a continuing investigation may disclose. ECKERT SEA~I.~1~ CH~RIN & BY: SIP. 7.~IEM~~-1, E America, Dated: July 22, 2010 Kia 7 ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: DENNIS P. ZIEMBA, ESQUIRE HEATHER RUSSELL FINE, ESQUIRE Attorney I.D. No.: 76098/88020 dziemba@eckertseamans.com Two Liberty Place 50 South 16~'' Street, 22d Floor Philadelphia, PA 19102 (215) 851-8400 Attorneys for Defendant, Kia Motors America, Inc. LYNNEA HALL, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Civil Action KIA MOTORS AMERICA, INC., No. 10-2955 Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Answer with New Matter of Defendant, Kia Motors America, Inc. to Plaintiff's Complaint, were served upon all interested counsel in the manner indicated below on July 22, 2010. Service by FIRST CLASS MAIL Addressed as lollows: Craig Thor Kimmel, Esquire Kimmel & Silverman, P.C. 30 East Butler Pike Ambler, PA 19002 America, Inc. m0837075 ECKERT SEAMANS CHERIN & MELLOTT, LLC ,,~ ' ~ ~ ~ ~~~~~ BY: DENNIS P. ZIEMBA 2~ } ~ `'~s ~ ~i~F ~: +-> HEATHER RUSSELL FINE 20~o Jug 23 1~wt ~ ~ ~S Attorney I.D. Nos.: 76098 / 88020 .~ dziemba(a~eckertseamans.com r~;.., hfine(~eckertseamans.com Two Liberty Place 50 South 16~' Street - 22°d Floor Philadelphia, PA 19102 (215) 851-8400 Attorneys for Defendant, Kia Motors America, Inc. LYNNEA HALL, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v, Civil Action KIA MOTORS AMERICA, INC., No. 10-2955 Defendant PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS To the Prothonotary: Kindly withdraw the Preliminar; Inc., to Plaintiff s Complaint. BBC ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: DENNIS P. ZIEMBA, ESQUIRE HEATHER RUSSELL FINE, ESQUIRE Attorney I.D. No.: 76098/88020 dziemba@eckertse amans. com Two Liberty Place 50 South 16~' Street, 22°a Floor Philadelphia, PA 19102-1909 (215) 851-8400 Attorneys for Defendant, Kia Motors America, Inc. LYNNEA HALL, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v, Civil Action KIA MOTORS AMERICA, INC., No. 10-2955 Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Praecipe to Withdraw the Preliminary Objections of Defendant, Kia Motors America, Inc. to Plaintiff's Complaint, were served upon all interested counsel in the manner indicated below on July 22, 2010. Service by FIRST CLASS MAIL Addressed as follows: Craig Thor Kimmel, Esquire Kimmel & Silverman, P.C. 30 East Butler Pike Ambler, PA 19002 ECKERT SE S BY: D I P. Z H ATH R Attorneys fo America, Inc. G1~11\ 1~1 L V a, ~ A, ESQUIRE S LL FINE, ESQ IRE endant. Kia Motors m0837053 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lynnea Hall Plaintiff NO.2955 2010 vs. C c rnC0 TI Ki a M otors Ameri ca rr, ' : , Defendant CD RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially it Following form: =C) C ) p?J t" A --i PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert A. Rapkin, Esquire , 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 arbitration limits The counterclaim of the defendant in the action is N/A 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. Respec ORDER OF COX AND NOW, petition, _ Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Q,m? ?? y ooPda? ¢i??5S 1 S7 Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lynnea Hal I Plaintiff . NO.2955 2010 vs. K i a M otors A meri ca QJ w r', ,w Defendant ?= - -, hD RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially ii -v c) -r Following form: =C:) A PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert A. Rapkin, Esquire , 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 arbitration limits The counterclaim of the defendant in the action is N/A 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. Respectfully submitted, ORDER OF COURT AND NOW, , 20I1L_, in consideration of the foregoing petition, Esq., and _ Q Esq., and Esq., are appointe arbitrators in the above captioned action (or actions) as prayed for. J WI By the urt :6 H! L I 83J 11,91, Kevin A. Hess, P.J. -1 H I .-I ew /N 4910. '(-6 t+.a, '/ay ab 7` 1 4a_ a?? 33nyd Rw?s s i 57 LYNNEA HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 10-2955 CIVIL KIA MOTORS AMERICA, : Defendant ORDER AND NOW, this /00` day of March, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Kathleen Shaulis, Esquire, Chairman, shall be paid the sum of $50.00. Kathleen Shaulis, Esquire V Court Administrator Am c'_o p. es n1a, ?? 3 lai ? 1 fr =J GC) BY THE COURT, 03/18/2011 10:57 T M. SILVERMAN" Tl{OR KINWEL , pikr, !'A Hnr "phut, M7 Aar mho, ph: &rr mAcr, MQ an srhrr, Al7J Aar p,Ma, Old if ya6nr, A47 lkrr .m7nr. YN Rar ?/pAer, (7.Hnr ini'm INRar 1her. H')' Rar A.her. D(, Bw KIMMEL AND SILVERMAN 0 KIMMEL & SILVERMAN P,C 1-800-LEMON LAW wwW ;lemottlAM. 0M. PAGE 01/01 TACOUP.LINE C. I IFPR= .' ROPRRT A. PAT-KIN' ANGCI.A K 7R(x,f:OLI ,. FRY1 HAMS AMY L. BENNFCOFFi° ` CHRISTINA (JILL ROXIRAAH`RIC1APM A 'CHOLER' TAM L. PATTBRISON' W, CHRISI'(PHER CnmpoNOVOr TIMOTrrr 1. ABEEL. A.'• )ARAx YOUNO C.ORPORATF HEAT)QUARTERS ,10 E. Butler Pike Ambler, FA I9nU2 F (215) 540-8888 1, (215)540-8x17 WESTERN PA OFFICE. 210 Grant Street, Suitc 702, Pittsburgh, PA 15219, P (412) 566-1001, F (412) 50-1005 NEW JERSEY OFFICE, ExLeutiw Quarta,% 1930 E. Marlton Pike, Suite 0.29, Cherry 11ill, Nj 08003, p (856) 429-8334, F (856) 216.7344 DELAWARE OFFICE, 5n1 Silver.(ide fto;td, Suite 118, Wilmington, Dr, 19809, P (302) 791-0373, F (302) 791-9476 c. 0419 'ONNt CTIR1'I' OFFICE. 6D Hartford Pike, P.O. Dox 37,5, Dayville, CT 06241, P (Bbi1) SG(i-4380. F (860) 263 NEW YORK OFF11", 1001 Awnrte of the Americas, 121h Floor, Ncw York, NY 10018, P(7.12)719-7543, F(877)617-2515 PLEASE REMIT A?.L CORRESPONDENCE TO THE AMBLER OFFICE March 18, 2011 Cumberland County Courthouse One Courthouse Square Carlisle, P.A 17013 RE: Lynrlea Hall v. Kia Motors America Cumberland County Docket No. 102955 Dear Sir, or Madam: led. An Order to Settle, Please be advised that the above-captioned matter her has records. Discontinue and End will be sent to the prothonotary f I'hank you for your time and attention. to this matter. If I may he of further. assistance to the Court, please do not hesitate to contact me. Very truly yours, ?,?V" Richard A.. ScholeT 2155408817 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lynnea Hall CIVIL DIVISION Plaintiff, NO.: 10-2955 vs. PRAECIPE TO SETTLE, DISCONTINUE AND END Kia Motors America, Defendant. Filed on behalf of Plaintiff: Lynnea Hall 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 C-) r - --i %O AC3 C7 ^t7 c5-n C C _ G -7 f t1 --t N --C IN THE COURT OF COMMON PLEAS OF Cumberland County, PENNSYLVANIA CIVIL DIVISION Lynnea Hall Plaintiff, vs. Kia Motors America, Defendant. NO.: 10-2955 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinued. Respectfully submitted, Robert A. Rapkin, qu re KIMMEL & SILV AN, 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 March 31, 2011, via U.S. Mail and facsimile, receipt confirmed, to: Dennis Ziemba Eckert Seamans Cherin & Mellott, LLC. Two Liberty Place 50 South 16th Street, 22nd Floor Philadelphia, PA 19102 215-851-8538/ 215-851-8400 , P.C.