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HomeMy WebLinkAbout10-3281 S"I~Cts E • f~ 241II Fps ",Y ! 7 ~,t ~~ 4 3 ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS M. SMITH, CIVIL DIVISION Plaintiff, vs. NO.: lp - 3~g ( Civi 1-Tern'L FORD MOTOR COMPANY, Defendant. COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiff: Travis M. Smith COUNSEL OF RECORD FOR THIS PARTY: Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 210 Grant Street, Suite 202 Pittsburgh PA 15219 (412) 566-1001 WRIT WAIVED ~ 4a.oo Po A~ ~,~- a~q~s ~~ a yaaa~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS M. SMITH, Plaintiff, vs. FORD MOTOR COMPANY, Defendant. CIVIL DIVISION 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 TRAVIS M. SMITH, Plaintiff, vs. No.. FORD MOTOR COMPANY, Defendant. COMPLAINT 1. Plaintiff, Travis M. Smith, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, 400 Middle Road, Newville, PA 17241. 2. Defendant, Ford Motor Company, is a corporation qualified to do and regularly conduct business in the Commonwealth of Pennsylvania, with its address and principal place of business located at 300 Renaissance Center, P.O. Box 43301, Detroit, MI 48243, and can be served at c/o CT Corporation System, 116 Pine Street, Suite 320, Harrisburg, PA 17101. BACKGROUND 3. On or about September 16, 2008, Plaintiff purchased a new 2008 Ford F-250, manufactured and warranted by Defendant, bearing the Vehicle Identification Number 1FTSW21R88EC34644. 4. The vehicle was purchased in the Commonwealth of Pennsylvania and is registered in the Commonwealth of Pennsylvania. 1 5. The contract price of the vehicle, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified, yet defined by the Lemon Law, totaled more than $67,241.76. A true and correct copy of the contract is attached hereto, made a part hereof, and marked Exhibit "A". 6. In consideration for the purchase of said vehicle, Defendant issued to Plaintiff several warranties, guarantees, affirmations or undertakings with respect to the material or workmanship of the vehicle and/or remedial action in the event the vehicle fails to meet the promised specifications. 7. The above-referenced warranties, guarantees, affirmations or undertakings are/were part of the basis of the bargain between Defendant and Plaintiff. 8. The parties' bargain includes an express 3-year / 36,000 mile warranty, as well as other guarantees, affirmations and undertakings as stated in Defendant's warranty materials and owner's manual. 9. However, as a result of the ineffective repair attempts made by Defendant through its authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and is worthless to Plaintiff. During the first 12 months and/or 12,000 miles, Plaintiff complained on at least three (3) occasions about defects and or non-conformities to the following vehicle components: Vehicle Leaking AntiFreeze, Oil Leak and White Smoke Out Exhaust. True and correct copies of all invoices in Plaintiff possession are attached hereto, made a part hereof, and marked Exhibit "B". 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 perform 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 sec . 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 property of a nature or quality inferior to or below the standard of that agreed to in writing; (xvii). Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 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. KIMMEL & SILVERMAN, P.C. By: G Ro rt A. Attorney for Plaintif `( 210 Grant Street, S e 202 Pittsburgh PA 152 (412) 566-1001 7 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. PENNSYLVANIA MOTOR VE1iICLE 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 paitlafter you The total cost of your purchase on The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit, including yourdownpayment a yearly rate. credit will cost you. of Your Payment Srhedule wilt he• No. of Payments Amount of Payments When. Payments Are Due $ ' Monthly, beginning Security: You are giving a security interest in the motor vehicle being purchased. Prepayment: If you pay off early, you will hot have to pay a penalty. fUmg fees: $ Late Charge: If a payment is late; you will be charged 2% ofthe portion of the payment which is late for each month, or part of a month.greater than l0 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 In this Contract. ' IF YOU DO NOT MEET YOUR CONTRAC OBLIGATIONS, YOU MAY LOSETHE MOTO we are VEHICLE AND PROPERTY THAT Y01 the SELLER. " ° ~' BOUGHT WITH'THIS CONTRACT,-AND/0 Name Address Zip Code' MONEY ON DEPOSIT WITH THE ASSIGNEE County This Contract is between Seller and Buyer: A disclosures have been made by Seller Selle You are ~ intends to assign this Contract to the Assignee the BUYER(S). Name(s) Address(es) Zip Code(s) County If there ismore han one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreementsin this Contract. TRADE-tN: You have traded in , fhe following vehicle: `~ •' Year and Make Description Price amount of $ __* paid to _ ~ _ & alestazof$ ) Cash Price Cash Downpayment If a balance is still: owing on the vehicle you have traded in, the Seller wilt pay off this amount on your behalf. You warrant and represent to us that $ any trade-in is free from lien; claim, encumbrance or security interest, except as showh in the "Itemization of Amount Financed" as the "lien Payoff." PROPERTY.:INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against Trade-In liability arising out of use or ownership of the Vehicle: In this Contract, you are,promising to insure the Vehicle and keep it insured. Value of Trade-In DEBT CANCELLATION (GUARANTEED AUTO'PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE $ CREDIT: This. agreement will. not be provided.unless you'sign below, agree to pay ttie additional charge; and sign tfie'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 $ your entire indebtedness; seethe MAXIMUM PROTECTION amount stated in the separate disclosure and agreement. Unpaid Cash Price T e of Debt Cancellation A r Yp g Bement Charge Signature Guaranteed auto protection (GAP) $ By signing, you select guaranteed auto protection .,mss" . 5i `" rre of Buyer 3alance Optional DebtCancellation IGFlF) ;" .: _ . Document Preparation Fee. ~~.~.~~~ ~~~.~~„~~ vrt rrHnrtwnrr H~rctrmtnr r~ vucunrArrr AMD NU1 REQUIRED AS A CONDITION OF THE CREDIT. Theservice contract $ or warranty agreement will. not be provided unless you sign the separate agreement with the third party provider, who is not the Seller named Paid to Othersbn Your Behalf above, and agree to pAy the additional charge: This section does not apply to any. warranty that you may receive for whi€h there is not separate To Public Officials for: charge. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Ihsurance and Credit Accident & Health (Disability) Insurance are not. required to obtain License, Tags and Registration 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 purchased will be for the term of the credif. We may. receive afiinancial benefit from your purchase of credit insurance. $ Bysigning, you select Single Credit Life Insurance, What is your By signing, you select Single Credit Accident & What is your Taxes Not Included in Cash Prig which costs $ age? Years I Health Insurance, which costs $ age? Years $ Signature of Buyer to be insured far Single Credit Life1nsurance Bysigning, you both select Joinf Whafare Credit Life Insurance; which costs $ your ages? L 2..-_ Signature of Buyer to be insured for Single Credit Accident & Health Insurance By signing; you both selectJointCredit Whatare Percentage Accident & Health Insurance, which costs $ .your ages? to be insured L 2. To For MessengerService To To Credit Insurance Company 9G ~ x: ...o.._""' _.....-.. __a ..... ....... ..._... ,,...... -,,.... _... ,... ~ .i,b„uvu,~~ v, uv~„ vu,..,~ w u., ii,~~, ~.. rte, Life Insurance Credit Accident & Health Insurance V For To Insurer. ~ VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is called For the `Vehicle" in this Contract. TO •N/U Year and Make Series Bodv Stvle No. ~ Truck Ton Ca acit Serial Number ~ '; For Equipped _ A.T. - P.S. ~ AM-FM Stereo _ 5 Spd. Other To 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 For he Contract to a subsequent assignee, the term also refers to such subsequent assignee. Afterthe assignment, all rights and benefits of the To , 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 sever makes an assignment; MEMBERS,1 ST FEDERAL CREDIT UNION $ For P.O. BOX 40, MECHANICSBURG, PA 17055 TD CO-SIGNER: Any person signing the Co-signer's Agreement below promises separately and togethers>~ith aII Co-Signers} and Buyer(s}, to pay ~ all sums due and to perform all agreements in this Contract. Co-Signer will not bean Owner of the Vehicle. For CO.OWNER: Any person signing the Co-Owner's Security Agreement. below gives us a security interest in the Vehicle and agrees separately and Amount Financed together with all Co-Owner(s) and Buyer(s), to perform all agreements in fhe Security Agreement and all other parts of this Contract except the $ °Promise to Pay° section. ~ , .TERMS: The terms shown in the boxes above are art of this Contract. F - P We may retain a portion of amounts market 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, al paying os the Amount financed plus 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 the first payment due date. Ypu agree to pay altother amountswhich may become due under the terms of this Contract: You agree o pay the Seller or Assignee casts of suit.You also agree to p. reasonable attorneys' fees if Seller or Assignee hires an attorney to collect amounts due uhder this Contract or to protect orget possession of the Vehicle. You agree to make payments at the place or send payments to the address which the Assignee most recently specifies in the written notice to you: The Annual Percentage Rate maybe negotiable with the Seller. ADDITIONAL DISCLOSURES, TERMS AND CONDITIONS: .The Seller may assign -this cor-tract and retain its .right to Disclosuris Before signing this Contract, be sure that you receive and read the Disclosure receive a part of the Finance Charge. Buyer. By signing below, we agree to sell the Vehicleto you underthe termsofthis Contract. i SELLER 13Y:' Terms and Conditions: Before signing this Contract, be sure you retieive and read tl following, if marked X, which are additiohal pages to and part of this Contract: ® This Contract continues on the reverse side. ^.P11a''bt Cancellatioh (guaranteed auto protection) separate disiaosure 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 PROTE~~T YOUR LEGAL RIGHTS, Date ~~ ~ BUYER Date _ (SEAL) Date c,u-S1laVt;H: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORI :SIGNING THE CO-SIGNER'S AGREEMENT. CO-SIGNER'S AGREEMENT: You, the person (or persons) ,gigning helow as "Ca~igner," promise to pay to usl~l sums due on-.this contract and to perform al agreements in this Contract, You intend to be legally bound by all the terms of this Contract, separately and togethEr, withahe Buyer. Yodare making this promise t< induce us to make this Contract withahe Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may. not havf utade any prior demand foT payment on the Buyer or exerci ed our security interest. You also acknowledge receiving a completed copy of thi Contt'act. (SEAL) Co-Stgner's Signature Address (SEAL) Co-Signer's Signature Address Date Date -~....Ln ~:~~.-~n~~ i Han~~in~iv is r ou, the person stgnmg 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 tt "Promise To Pay" ection. You are giving us the security interest to induce unto make this Contractwith the Buyer, and to secure the payment by the Buyer of all sums dt on this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. (SEAL) Co-Owner's Signature Address Date BUYER, CO-SIGNER AND-CO-OWNER, IF APPLfCABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THi: CONTRACT AT THE TIME Of SIGN`ING,INCLUDING THE ADDITIONAi DISCLOSURES AND' PAGES LISTED"IN THE SECT101 CALLED A_DJy~DiTIONAL DILOSURES, TERM AND CONDITIONS. BU ER BUYER CO-SIGNER CO-SIGNER OR CO-OWNER NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. BANCONSUMER FORM Pk 1Z'SDCSLC (2/041. ORIGINAL -White • DEALER COPY • Canary •BORROWER'S/CO-SIGNER'S COPY -Pink • COPY - Ooldenrad ®2004 BANCONSUMER SERVICE, INC /- .`USTOMER #: 2261374 TRAVIS MICHAEL SMITH 400 MIDDLE RD NEWVILLE, PA 17241-8608 HOME: 717-226-1374 CONT:N/A BUS :__ _ CELL X0.6- ~~Th 123360 - _ • _ *INVOICE* DILLSBURG, PA P.O. BOX 446 700 NORTH US ROUTE 15 DILLSBURG, PA. 17019 PAGE 1 (71 7) 432-9614 1717) 766-2003 SERVICE ADVISORS aG~~ .Tn~ COLOR _ YEAR - MAKElMODEL -- - - -' -- VIN r/v/ VVJ,J CtCENSE MILEAGE IN! OUT TAG GOLD DEL DATE 08 PROD. FORD F250 PICKUP DATE WARR.-EXP. PROMISED 1FTSW21R88EC34644 PO N0. RATE 30034 PAYMENT 30034 INV' DATE 16SEP08 D 10SEP07 R.O. OPENED READY 19:00 06JUL09 CASH OPTIONS: STK:T0798 DLR:16515 13JUL09 ENG:99R 6.4L V-8 DIESEL 07:37 06JUL09 12:17 13JUL09 TRN•44B _ _ TOROSHIFT(TMl 5-~Pn Ai7mn mRn1.Te n ~M,-,,.~o \ LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A CUSTOMER STATES VEHTCLE,LEAKING'ANTIFREEZE' - CAUSE: REPLACE LEAKING RADIATOR ASSY WRSA OUTSIDE , WARRANTY ;COMPANY 7471 NATHANIEL LIC#: 7471 WP94 -- - (N/C) 1 8C3Z*8009*B RADIATOR ASY {N/C) _ FC : ,E23 I)8 PART# : COUNT CLAIM TYPE: RUTH' CODE 7471 **************************~~;******************~r*~;~** B CUSTOMER STATES VEHICLE LEAKING OIL CAUSE: REPLACED LEAKING -0IL PLUG-SEAL WRSlY OUTSIDE WARRANTY COMPANY 7471 NATHANIEL LIC#;: 74,71 WP94 I ~i C) 1 8C3Z*6730*A'PLUG"- OIL DRAIN (N/C) FC: L65 D8 PART#: COUNT: LP_?"M TYPE AUT:-? CODE _ 74~i _ _ C'CUSTOMER STATES WHITE SMOKE OUT EXHAUST CAUSE: REPLACED FAILED HORIZONTAL EGR COOLER ASSY WRSn OL~~ S IDE WARRAN'T'Y COMPANY 7471 NATHANIEL LIC#: 7471 WP94 1 3C3Z*6734*AA GASKET 1 8C3&*9F464*,E COOLER ~, EGR _ __ 1 8C3Z*6753*A GASKET 4 *W302549* PAN _ 2 8C3Z*6N640*B GASKET 2«.8C3Z*8287*K CLAMP - HOSE 1 8C3Z*8287*H CLAMP - HOSE (N/C) {Nr'C) (N/C) ~~'/C) (N/C) (N/C) EN/c) / TT ~ /Y \ _._ ON BEHALF OF SERVICING DEALER, I HEREBY CERT _ ~ TNAT THE INFORMATION CONT LIMITED WARRANTY DESCRIPTION. LV 1. TOTALS AINED HEREON IS ACCURATE UNLESS OTHERWISE ` ` =ABOR AMOUNT SHC ~ dPt. SERVICES DESCRIBED WERE PERFORMED AT NC CHARGE TO Seroice,Part OVvNE=.. Tr,EPE WAS NO INDICATION FROM THE APPEARA'.CE OF THE s are warranted "2 000 il 'ARTS AMOUNT VEHICLE CR 0 T HERWISE THAT ANY PART R , m es or 12 months , EPAIRED OR REPLACED UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY 4'viTH ANY whichever comes first. Th.; warranty does not l d GAS, OIL, LOBE -~ ACCIDENT, ^JEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS exc e cr u modif i SUBLET AMOUNT CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE D y ng any other warranty ATE OF PAYMEfJT "JOTIFICATION AT THE SE prescribed by law. Labe- MISC CHARGES RVICING DEALER FOR INSPECTION' BY ' charges are based on prevailing . MANUFACTURER S REPRESENTATIVE. hourly labor rates - TOTAL CHARGES :mes motor manual LESS INSURANCE suggested time schedule . SALES TAX S'~GS:EC' DEALER, GENERAL iv!1.~NAGER OR AUTHORIZED PERSON (DATEI .CUSTOMER SIGP!ATURE PLEASE PAY THIS AMOUNT C'TTSTOMER COPY ~~ ,. .,,~~. ~STOMER #: 2261374 TRAVIS MICHAEL SMITH 400 MIDDLE RD NEWVILLE, PA 17241-8608 HOME:717-226-1374 CONT:N/A BUS : t"'T.:T.T. 123360 * INVOICE* _._.- DILLSBURG, PA P.O. BOX 446 700 NORTH US ROUTE 1 5 DILLSBURG, PA. 17019 PAGE 2 (7171432-9614 1717) 766-2003 COLOR YEAR MAKEfMODEL- - '- -~ VIN JJVJ UVP~ 'LICENSE MILEAGE IN(-OUT TAG GOLD 08 FORD F250 PICKUP 1FTSW21R88EC34644 30034 30034 p~L; DATE PROD. DATE WARR. EXP: PROMISED PO N0. 'RATE PAYMENT INV. DATE 16SEP08 D 10SEP07 19:00 06JUL09 CASH 13JUL09 R.O. OPENED READY OPTIONS: STK • T0798 DLR • 16515 ENG:99R 6.4L V-8 DIESEL 07:37 06JUL09 12:17 13JUL09 TRN•44B _ _ TOROSHIFT(TMl ~-eDn arrmn mDTrTa T r..,r____ , L1N~ c~YCUDE TECH TYPE HOURS T'8C3Z*8287*G CLAMP - HOSE 1 8C3Z*9E933*B GASKET - EGR COOLER 2'*W300050* NUT - HEX. - FLANGED 2 *W302633* STUD 2 *W302652* BOLT 4 *W302551* NUT 1'0 *W301924* HARDWARE - MISCELLANEOUS 4 *W300002* BOLT 1 7C3Z* 61..512 *B GASKET 4 *W711~~~^,*5900 BOLT 4 *t,;~~ * --- ... LIST NET TnTA - (N/C) (N/C) _~N/C) , (N/C) -(N/C) _ _ _ (N/C) ~~~C) (N/C) (N/C) (N/C) r.~5-s43 S900 NUT _ (N/C) FC: L85 DS PART#: COUNT: CLAIi~1 _ ?PE . AUTH CEDE: _ _ _,~ _ D COMPLI?~?ENTARY MULTIPOINT'CHECK'PER FORD 95P CGMPLIMENTARY MULTIPOINT CHECK PER FORD __ 3 NATHANIEL LIC#' 3 _ _ CPF 0.00 0.00 GTIRE i I:cE ~7EAR CHECKED AND .OK- NATHANIEL LIC#: 3 CPF - 0.0.0> 0.00 YBK CHECK BR%.E WEAR AND MAY REQUIRE FUTURE '.ATTENTION - _ 3 NATHrs'~7IEL LIC# : 3 CPS= a . 00 0.00 ON BEHALF OF SERVICING DEALER, I HEREBY CEP' = ~' THAT THE INFCRPL~:-ION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHOt1'fv. SERVICES DESCRIBED WERE PERFORMED AT i40 CHARGE TO OLVNER. '^ERE WAS NO INDICATION FROM THE APPEARAttCE OF THE VEHICLE O-, OTHERWISE, THAT ANY PART REPAIRED OR REPLACED UNDER TH'S vL AIM HAD BEEN CONNECTED IN ANY WAY L"rITH ANY ACCIDENT. ^ c~L!GENCE OR MISUSE. RECORDS SUPPORTING THIS CLAIM ARE ~ =. _ABLE FOR (1) YEAR FROM THE DATE OF PAYMENT NOTIFICATION ..T THE SERVICING DEALER FOR INSPECTION BY MANUFACTUREF'S =EaRESENTATIVE. IS!GNEDI DE.v LER, G_,~L„~_ , ,,, ,~;.ER OR AUTHORIZED PERSON LJMITED WARRANTY "F~~-mrriv ;u•> ce Parts are '_ABOR AMOUNT warranted 12000 miles or 12 months, pgRTS AMOUNT whichever comes first. This warranty does not exclude or GAS, OIL, LUBE modifying any other warranty SUBLET AMOUNT prescribed by law. labor charges are based on prevailing MISC. CHARGES hourly labor rates - TOTAL CHARGES times motor manual suggested time schedule. LESS INSURANCE SALES TAX CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT TOTALS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 rrrc'IrnM~u rnvv CUSTOMER #: 2261374 TRAVIS MICHAEL SMITH 400 MIDDLE RD NEWVILLE, PA 17241-8608 HOME:717-226-1374 CONT:N/A Bus : rFr,r, 123361 ~ * INVOICE* DILLSBURG, PA P.O. BOX 446 ~ 700 NORTH US ROUTE 15 DILLSBURG, PA. 17019 PAGE 1 (717) 432-9814 (7171 766-2003 SERVICE ADVISOR' a~ti~ .Tn>~ :COLOR. YEAR. MAKEJMODEL VIN. - LJCENSE MILEAGE IN/ OUT TAC GOLD 08 FORD F250 PICKUP 1FTSW21R88EC34644 30034 30040 L7Et DATE PROD: DATE WARR. EXP. PROMISEb PO N0. RATE PAYMENT tNV: DATE 16SEP08 D lOSEP07 19:00 06JUL09 CASH 13JUL09 R, ¢. OPENED"' READY OPTIONS: STK:T0798 DLR:16515 07:40 06JUL09 12:46 13JUL09 ENG:99R TRN:44B _6.4L_V-8 DIESEL TOR SHIFT(TM) 5-SPD AUTO TRANS A (More...) LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A 'RECALL 08004 FULE`'FANK STOPPER BRACKET CAUSE: INSTALL FUEL TANK STOPPER AS PER RECALL 08004 FOMO CO WRSA. OUTSIDE. WARRANTY COOMPANY 7471 NATHANIEL LIC#: 7471 WP94 (N/C) 1 8C3Z*5D090*A STRAP ASY - FUEL TANK (N/C) FC: PART#: COUNT:' CLAIM TYPE: 08004 AUTH CODE: 7471 ,.:_ B RECALL 08B07 REPROGRAM PCM AND IC CAUSE:, PERFORMED RECALL 08B07>REPROGRAMM PCM TCM IC AS PE R FOMOCO WRSA OUTSIDE WARRANTY COMPANY 7471 NATHANIEL LIC#:.7471 WP94 (N/C) FC: PART#: COUNT: CLAIM TYPE: 08B07 AUTH CODE: 7471 ****~***********~**************~**~r**************~** C RECALL 08B06 VENTURI TEE COOLING SYSTEM CAUSE: PERFORMED RECALL 08B06 VENTURI TEE AS PER FOMCO WRSA OUTSIDE WARRANTY COMPANY 7471 'NATHANIEL LIC#: 747T _ - WP94 (N/C) 1 8C3Z*8B379*B GASKET (N/C) FC: PART#: COUNT: CLAIM TYPE: 08B06 AUTH CODE: 7471 ON BEHALF OF SERVICING DEALER, 1 HEREBY CERTIFY THAT THE LIMITED WARRANTY DESCRIPTION TOTALS. INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHON+N SERVICES DESCRIBED V~ERE PERFORMED AT tJ0 CHAR LABOR AMOUNT O . OO . GE TO OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE ServiceiParts are warranted 12,000 miles or 12 months, PARTS AMOUNT O • 00 VEHICLE Oft OTHERWISE, THAT AN`r' PART REPAIRED OR REPLACED whichever comes first. This GAS OIL LUBE O UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY iNAY WITH ANY d , , . O O ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS warranty oes not exclude or modifying any other warranty SUBLET AMOUfJT O . OO CLAIM ARE AVAILABLE FOR (i1 YEAR FRO~.A THE DATE OF PAYMENT prescribed by law. Labor MISC CHARGES NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY char es are based on re ili . O . OO MANUFACTURER'S REPRESENTATIVE. g p va ng hourly labor rates - TOTAL CHARGES O . OO times motor manual suggested time schedule LESS INSURANCE O . O O . BALES TAX 0.00 (SIGNED) DEALER, GE.NERAI fviANAGER OR AUTHORIZED PERSUN IOATflI CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT 0.00 nTTCT(1MF.R ('f~p~- ,, GENUINE I Owner Rewards Member #: _ PAFITE3 & SERVICE ~~C~VCyn~ 9e Rewards Service Balance: ~'~ Multi-Point Inspection Report Card as Recommended,by Ford Motor Company Today's K~ State Date: ~ ~ ROlfag: ~ ~'~ 3 3 G E' Inspec. Month: Name: 6z.2 ~ ~ Make/ModeUYear: ~ ~ tiZ Mileage: `5 <'~~~~~ E-Mail r r DUE SERVICED r •~ • DUE SERVICED ^ Cabin Air Filter ~ ^ ^ Oil Filter ~J ^ ^ Engine Air Filter k7 ^ ^ Spark Plugs ~ ^ ^ Engine Coolant ^ ^ Tire Rotation ~ ^ Fuel Filter ~ ~ Transmission Filter Oil Change cQ ^ ^ Transmission Fluid ~1 ^ *This is only a partial Itst of vehicle maintenance items and is NOT all-inclusive. Please consult your Owners Manual or visit www.genuineservice.com for vehicle specific maintenance requirements. VIN #: Plate #: • VHR Activation ^ Yes ^ No ^ N!A C Ta Sal Contributes to vehicle efficiency and a green environment ®OK at this lima ^ future ttention Rmmuediate attentloi ,~ '. -, = - ~~ Brake system (including lines, hoses, and parking brake) ff '' ~r`a 1 ® r-! Shocks/struts and other suspension components for Teaks r- r r ~ ~ ~- ~~-1 and/or damage I- ^ Oit and/or fluid teaks {~ _ ~~ Steering, steering linkages and ball joints C _. ,-,; eK FILL OK FILL OK FILL '" Transmission Engine Oil ~ Power Steering /'~ , i~ eao•oc.. , ~ ~ Exhaust system (leaks, damage, loose parts) Brake Reservoir ~ Window Washer ^ Coolant Recovery Reservoir ~ ~~ '' " ~~.`' ~ .; . ^ Clutch operation (if equipped) C COnditloii Of Termit181S State of Health Constant velocity (CV) drive axle boots (if equipped} C _ I ^ Good Bad ,~---' 100% ®Drive shaft, transmission, u-joint and shift linkage (if equipped) 0% (Clean if necessary) and lubricate (as needed) Factory spec cold cranking amps ^ Actual cold cranking amps ^ ~' ~ ~s / I ., Operation of horn, interior lights, exterior lamps, turn signals, r- ( - •• :•• hazard and brake lamps - Note any existing exterior body damage or defects on diagram ~ Windshield washer spray, wiper operation and wiper blades C ®Windshield for cracks, chips and pitting C ~ ~ ® HVAC system and hoses/lines for leaks and/or damage C O ^ Engine Cooling system, radiator, hoses and clamps C ~~ ~ ® Accessory drive belt(s) ^ . r ~^mer3r' ~ r.... ~ • ~ ~ 31o5mear432"b7f32"IlMsc)art.01t02mm(Dnm)or?I32"to3f32" ~:,.,..~`,~rcu r. ,n 'LEFT FRONT ~ SERVICED RIGHT FRONT SERVIG Tire Tread Depth /32" ^ ~~ Tire Tread Depth /32" C ^ ^ Tire Wear Pattern/Damage ^ ®^ Tire Wear PatternlDamage C ^ ^ TKe Pressure - set to factory recommended PSI ^ ^ ^ Tire Pressure - set to factory recommended PSI C ^^®Brake Lining mm /32" ^ ®^ Brake Lining mm /32" ^ TIRE WEAR INDICATES: sEev~ED LEFT REAR w SERVICED RIGHT REAR .Q sERwcl ^ Alignment check needed ^ ®Tire Tread Depth /32" ^ ~ Tire Tread Depth /32" ^ ^ Wheel balance needed ^ ~ ^ ®Tire Wear PatternlDamage ^ ®^ Tire Wear Pattern/Damage ^ ^ Tire repair needed ^ ^ ^ Tire Pressure - set to factory recommended PSI ^ . ^ ; ~ ,Tire Pressure - set to factory recommended PSI ^ ^ Brake measurements not . ^ Brake Lining mm /32" ^ ^ ^ Brake Lining mm /32" ^ taken this service visit Comments: Service Advisor: ~ ~!/ Customer Signature• ~~ ~ '}~-~ CUSTOMER #: 2261374 TRAVIS MICHAEL SMITH 400 MIDDLE RD NEWVILLE, PA 17241-8608 HOME:717-226-1374 CONT:N/A BUS: CELL: SOB RV~y 128785 , ~ ~ ~ ~' ~ ~ : - *INVOICE* ~_` DILLSBURG, PA P.O. BOX 446 700 NORTH US ROUTE 15 DILLSBURG, PA. 17019 PAGE 1 (717) 432-9614 (717) 766-2003 SERVICE ADVISOR: 9565 JOE COLOR YEAR MAKE/MODEL VIN LICENSE MILEAGE IN! OUT TAG GOLD 08 FORD F250 PICKUP 1FTSW21R88EC34644 51227 51254 DEL DATE PROD'. t)ATE WAR$; EXP. Pj'iQN11SED PO NO. RATE PAYMENT INV. DATE 16SEP08 D 10SEP07 19:00 23FEB10 CASH 03MAR10 R:O.OPENED READY OPTIONS: STK:T0798 DLR:16515 07:54 23FEB10 10:17 03MAR10 ENG:99R_6.4L_V-8 DIESEL AXL:SCHEDULED 146 559 814 1)OA LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A CUSTOMER STATES COC)LANT LEAK CAUSE: REPLACED FAILED RADIATOR AND THERMOSTATS AS PER TS BS 09231 AS PER FORD `MOTOR CO RECHECK VERIFIED REP AIR WRSA OUTSIDE WARRANTY COMPANY 7471 NATHANIEL LIC#: 7471 WP94 (N/C) 1 8C3Z*800'.9*B RADIATOR ASY (N/C) 1 8C3Z*8575*D THERMOSTAT ASY (N/C} 1 8C3!Z*8'287*F CLAMP - .HOSE (N/C) 1 8C3Z*9E933*A GASKET (N/C) 1 8C3Z*9E933*B GASKET - EGR COOLER (N/Cj 10 *W301924* HARDWARE - MISCELLANEOUS (N/C) FC: L85 42 PART#: COUNT: CLAIM TYPE: 'RUTH CODE: 7471 B COMPLIMENTARY MULTIPOINT CHECK PER FORD 99P COMPLIMENTARY MULTIPOINT CHECK PER FORD 3 NATHANIEL LIC#: 3 CPF 0.00 0.00 YTIRE CHECK TIRE WEAR AND MAY REQUIRE FUTURE ATTENTION 3 NATHANIEL LIC#: 3 CPF 0.00 0.00 YBK CHECK BRAKE WEAR AND MAY REQUIRE FUTURE ATTENTION 3 NATHANIEL LIC#: 3 CPF 0.00 0.00 GBATT CHECK BATTERY (ADVISE CUSTOMER BATTERY CHECKS GOOD} 3 NATHANIEL LIC#: 3 CPS' 0.00 0.00 **************************************************** ON BEHALF OF SERVICING DEALER I HEREBY CERTIFY THAT THE LIMITED WARRANTY DESCRIPTION TOTALS , INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE LABOR AMOUNT ~ _ ~ 0 SHOWN. SERVICES DESCRIBED WERE PERFORMED AT NO CHARGE TO ServicelParts are warranted PARTS AMOUNT 0 OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE 12 000 miles or 12 months ~ , ~ VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED ND R TH , , whichever comes first. This GAS, OIL, LURE 0 , ~ ~ U E IS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY warranty does not exclude or SUBLET AMOUNT ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS modifying any other warranty 0 . ~ ~ CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY prescribed by law. Labor MISC. CHARGES 0 , ~~ charges are based on prevailing T TAL H R MANUFACTURER'S REPRESENTATIVE. hourly labor rates - O C A GES 0 • 00 times motor manual d i LESS INSURANCE 0 , 0 ~ suggeste me schedule. t SALES TAX ~ . ~ 0 (SIGNEDI DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) CUSTOMER SIGNATURE PLEASE PAY THtS AMOUNT 0.00 P+TTCTa'1MF!R [''APY ~ GENUINE ~WlliBf Rewards Member #: PARTS r'Ja SERVICE AC>tVCJIf>h0g@` pewards Service Balance: Multi-Point Ir>ESpection Report Card as Recommended by Ford Motor Company "J Datey s ~ ~ _ RO/Tag: --'-State G "i:_,_,._~- f-.--i.~r ~' 1 ~"~7 ~S Inspec. Month: ame: -, -- Make/Model/Year: ~ Z52~ Mileage: ~~ 2~ `- ~ E-Mail ~ ~ OUE SERVICED ~ •• • DUE SERVICED Cabin Air Filter ~cJ ^ ^ Oil Filter ~J ^ ^ Engine Air Filter .~1 ^ ^ Spark Plugs ~J ^ Engine Coolant ^ ^Tire Rotation ~J ^ ^ Fuel Filter ^ ^ Transmission Filter ^ ^ Oil Change ~ ^ ^ Transmission Fluid ,~J ^ ~ nos is onry a parnat ust or venicle maintenance items and is NOT ail-inclusive. Please consult your Owners Manual or visit www.genuineservice.com for vehicle specific maintenance requirements. ^ ® Oil and/or fluid leaks ^ OK FILL iO~K1 FILL OK ILL ~^ Engine Oil t•~ ^ Power Steering ~ Transmission s~+ equipped with dipstick) ~~~^ Brake Reservoir ^ ^ Window Washer Coolant Recovery Reservoir 0% State of Health ~n of Terminals Good Bad (Clean if necessarvl Factory spec cold cranking amps ^ Actual cold cranking amps ^ •- :•~ Note any existing exterior body damage or defects on diagram O r v ~- Yr TIRE WEAR INDICATES: sERVICEo ^ Alignment check needed ^ Wheel balance needed ^ Tire repair needed ^ B e measurements not ~en this service visit TIRE RECALLS ^ Check for open tire recalls LEFT VIN #: Plate #: .a. VHR Activation ^ Yes ^ No ^ N/A ^ '~ ~ May contribute to vehicle efficiency and promote a greener environment ^ Checked and ^ May require ®Requires OK at this time future attention immediate attention ~ ® Brake system (including lines, hoses, and parking brake) Q i I J ® Shocks/struts and other suspension components for leaks and/or damage ^ ^ ~'^ Steering, steering linkages and ball joints ^ I~ ®Exhaust system (leaks, damage, loose parts) ~J ^ ^ ^ ® Clutch operation (if equipped) ^~ ~^ Constant velocity (CV) drive axle boots (if equipped) ^ ^ ® Drive shaft, transmission, u-joint and shift linkage (if equipped) and lubricate (as needed) ^ ~ Operation of horn, interior lights, exterior lamps, turn signals, ^ ®hazard and brake lamps ^ ® Windshield washer spray, wiper operation and wiper blades ^ ^ Windshield for cracks, chips and pitting ^ ^ ^ ® HVA system. arid. lines for leaks and/or damage ^ ^ ^ Engine Booting system iator, hoses and clamps ® Accessory drive belt(s) (~ a3z^ w er32^ ro 7i32" (Dbc) ar tot io 2mm, IDrum) orars2^ to 31x2^ SERYICED RIGHT F>:iONT. ^'^ ®Tire Tread Depth /32" . ^ ®Tire Wear Pattern/Damage . ^ ^Tire Pressure - set to factory recommended PSI .^® Brake Lining mm /32" LEFT RE ~] Tire Tread Depth /32" . ^ Tire Wear Pattern/Damage . ^ ®Tire Pressure - set to factory recommended PSI . ^ ®Brake Lining mm /32" SPARE TIRE ,~ . ^ Tire Pressure - set to factory recommended PSI Comments: Service Advisor: ~ cL TPrhnirian: ~r~-L ^ ~ Tire Tread Depth /32 ^ ^ ^ Tire Wear Pattern/Damage ^ ^ ^ Tire Pressure - set to factory recommended PSI ^ ^^ Brake Lining mm /32' eRVICED RIGHT R ^ ^ Tire Tread Depth /32' ^ ~ ^ Tire Wear Pattern/Damage ^ ^ ^ Tire Pressure - set to factory recommended PSI ^ ^ ^ Brake Lining mm /32' SERVICE[ SERVICH[ ., Customer Signatur ~I ~ r ~~ ..~ ~-~ r CUSTOMER #: 22613 ~~~ ~~. TRAVIS MICHAEL SMI 400 MIDDLE RD NEWVILLE, PA 17241-8608 HOME:717-226-1374 CONT:N/A BUS : r_Fr,r, ~ 06 RuT 130065 ~ i ~~ ~_ ~~ *INVOICE* DILLSBURG, PA P.O. BOX 446 700 NORTH US ROUTE 15 DILLSBURG, PA. 17019 PAGE 1 (717) 432-9614 (717) 766-2003 SFR\/IrF nnvlcnR• ~«~ T/~'IT COLOR YEAR' MAKE/MODEL ViN ~, LtGENSE .. ARfLEAf,E IN/ OUT TAG GOLD DEL DATE 08 FORD F250 PICKUP PLOD; DATE VVARR. EXP', PROMISEb 1FTSW21R88EC34644 PO ND. RATE 54244 PAYIVft=NT 54252 IRV. DATE 16SEP08 D lOSEP07 R. o. OPENED READY 19:00 12APR10 OPTIONS: STK:T0798 DLR:16515 CASH. 13APR10 06:38 12APR10 14:16 13APR10 ENG:99R 146.....559 _6.4L_V-8 DIESEL AXL:SCHEDULED 814 1)OA L1NJ; UYC:UUE TECH TYPE HOURS LIST NET TOTAL A CUSTOMER STATES COOLANT ~S LEAKING FROIK ENGINE'AREA'OF`TRUCK AUSE: INSTALLED O RINGS TO HOSE AT THERMOSTAT HOUSING WRSA OUTSIDE 'WARRANTY COMPANY 7471 NATHANIEL LIC#: 7471 WP94 (N/C) 2 8C3Z*8590*A SEAL (N/C) FC': L85 42 PART#: COUNT: CLAIM TYPE: AU'~'H CODE 7471 *************~•*~#****t*,t***~******~,~~**~***w******** B COMPLIMENTARY MULTIPOINT CHECK +~ER FORS 99P COMPLIMENTARY ''MULTIPQINT 'CH`ECK 'P~R~ FOkD' 3 NATHANIEL LIC#': 3 CPF ,_ 0'.00 0.00 .,~, .: uN tttHALF OF SERVICING DEALER, I HEREBY CERTIFY THXIrT THE INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHOWN. SERVICES DESCRIBED WERE PERFORMED AT NO CHARGE TO OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED UNDER THIS CLAIM HAD BEEN CONNECTEd IN ANY WAY WITH 'ANY ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MANUFACTURER'S REPRESENTATIVE. GENERAL MANAGER OR AUTHORIZED PERSON LIMITED WARRANTY DESCRIPTION ' i Se /P a LABOR AMOUNT rv ce arts are w rranted 12 OOb miles or 12 months, PARTS AMOUNT wf(ichever comes first. This warranty does not x l d GAS, OIL, LUBE e c u e or modifying any other warranty SUBLET AMOUNT prescribed by law. Labor MISC. CHARGES charges are based on prevailin g hourly labor rates - TOTAL CHARGES times motor manual LESS INSURANCE suggested time schedule . SALES TAX CUSTOMER SIGNATURE PLEASE'PAY THI3 AMOUNT . 'Ip' nrra.ihn*rt+o' nnnv 0.00 0.00 0.00 0.00 0.00 0.00 . - CENUI~JE ,_,I ' ~~~~~ y -- r r _ -Diesel Multi-Pont Inspection Report Card A_s Recommended by Ford Motor Company CUSTOMER NAME: 11 ~ ~~.~,~ _ ~YL~-.~~, r,~,~.„ ~~ ,~...~,~.YEAR/MODEL: /''~' ~`~`~'"`) DATE: f ~ ~ RO/TAG: ~~„ ~`'C~ MILEAGE: r r MAY REQUIRE FUTURE ATTENTION REQUIRES IMMEffIATE ATTENTION OK ADD C Engine Oil H E ~ Window washer ~ K ~ Transmission fluid level and color Brake fluid level and color p 1. ~ Power steering fluid level L ~ L ~ Coolant recovery reservoir fluid leve', 4 x 4 transfer case, front drive axle, clutch reservoir fluid Comments ® Operation of horn, interior lights, exterior lamps, tum signals, hazard and brake lights ® Windshield washer spray, wiper operation and wiper blades ® Windshield for cracks, chips and pitting Radiator, heater, and air-conditbning hoses for leaks and damage 1 Air filter restriction gauge and inspect air cleaner housing for damage "Water in fuel" dash light for illumination ® Accessory drive bell(s) ® Battery terminals (clean, if necessary] Clutch operation (if equipped} Oil and/or fuel leaks including turbocharger ® Exhaust system (leaks, damage, loose parts) ^ Drive shaft transmission, u-joint and shift linkage (if equipped) and lubricate (as needed) Steering and steering linkages ~~ ~ Suspension (shocks for bounce/leaks/damage) E:-] ^ ® Brake system (including lines, hoses, and parking brake) ~I and wheel end for end-play and bearing noise Engine cooling, charge air cooling piping, and air Intake system (hoses, tubes, and clamps) State Inspection Due (If Applicable) / / MD DAY EA Comments Service Advisor: y _ Techician: D2110205 REV 02/05 ©2004. Fnrd Mntnr (:mm~anv All pinh+c uo~o...od '' ~ LF R F r:` I I .r ~~ ~~ O ~ ~ Q ~~ ~:: .~ .~ LR RR 3 to 5 mm or 4/32" to 7132" (Dino) or t:Ot to 2 mm ot2/32" m 3l32" (Drum) r r 8r>1k11 rutfaE'~rea't~t'8er'11W iltelt Comments LF ~,.- TREAD DEPTH RF or Greater 7/32 ar Greate` 4/32 to 6/32 4/32 to 6/32 3/3 or less 3/32 or less DU L WHE LS ~ W ELS <- i ~ 7/32 or Greater 7/32 or Greater j f~ ^ 4/32 to 6/32 M 4/32 to 6/32 3/32 or less 3/32 or less LOR L R R ROR {{ --~~ L J RF ~ I ~ LR ~~ ^® ~'ATT£~N /DAMAGE RR ~^ _ Tie V!-eal' i-+dGca~: Alignment Check f~eeded ~ Wheel Balance Meeded COmmentS . Tire Pressu-a Set- Factory Recortrrrre aBorfs ~jp~(~ R~p,H ~ PS! ` " (_ _J Customer Signature ~1~r.~ ~~~ E 7 ~.----~ CUSTOMER #: 2261374 TRAVIS MICHAEL SMITH 400 MIDDLE RD NEWVILLE, PA 17241-8608 HOME:717-226-1374 CONT:N/A ~~B RuT k ~-T~ 13 0119 ' ' ~ * INVOICE* \ DILLSBURG, PA P.O. BOX 446 700 NORTH US ROUTE 15 DILLSBURG, PA. 17019 PAGE 1 (7171432-9614 (717) 766-2003 SERVICE ADVISOR: 4n29 RALPH - COLOR - YEAR MAKE/MODEL VIN - 1[CENSE ' MILEAGE IN/ OUT TAG GOLD 08 FORD F250 PICKUP 1FTSW21R88EC34644 54244 54252 DEL DATE' PROD. DATE WARR. EXP: PROM15Eb PO NCI. RATE PAYMENT INV. DATE 16SEP08 D lOSEP07 19:00 13APR10 CASH 13APR10 R.O. OPEN ED READY OPTIONS: STK:T0798 DLR:16515 14:09 13APR10 14:13 13APR10 ENG:99R 146'°559 _6.4L_V-8 DIESEL AXL:SCHEDULED 814 1)OA LINE OPCODE TECH TYPE HOURS LIST N1~: L' 'I'U'1'AL A CUSTOMER PAY DEDUCTABLE FpR WARRANTY REPAIRS ON RO 130065>THROUGH FORD EXTENDED DIESEL WARRANTY CPDED CUSTOMER PAY DEDUCTIBLE FOR WARRANTY REPAIRS. 3 NATHANIEL LIC#: 3 CPF 100.00 100.00 k********************************~*,t*~*******~***~,t ;; ,. ,. , I n,~~ ~ ~~. .iR ... ~ f ~` :` ON BEHALF OF SERVICWG DEALER i HEREBY CERTIFY 7HA~1" THE ' LIMITED WARRANTY ~ DESCRIPTION- TOTAlS , INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHER ISE ~ LABOR AMOUNT 1OO . OO SHOWN. SERVICES DESCRIBED WERE PERFORMED AT NO CHARG TO OWNER. THERE WAS NO INDICATION FROM 7HE APPEARANCE OF THE Servic2/Parts are warranted 12;000 miles or 12 months pgRTS AMOUNT 0 • 00 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED ' , whichever comes first. This GAS, OIL, LOBE Q • Q 0 UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS warranty does not exclude or modifying any other warranty SUBLET AMOUNT 0 . 0 0 CLAIM ARE AVAILABLE FOR 111 YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT 7HE SERVICING DEALER FOR INSPECTION BY prescribed by law. Labor MISC. CHARGES 0.00 MANUFACTURER'S REPRESENTATIVE. charges are based on prevailing hourly labor rates'- TOTAL CHARGES 100.00 times motor manual d i e h d LESS INSURANCE . Q • Q Q ste sugg t me sc e ule. .SALES TAX 6.00 ISIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON IDATEI CUST MER SIGNATURE PLEASEPAY THIS AMOUNT 106.00 nrremnnatp~tiz rnnv +~K ~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRAV{S M. SMITH, Plaintiff, V. FORD MOTOR COMPANY, Defendant. CASE NO. 2010-cv-3281 ~ ~ . ,4,; -,, . . ~ ~ { G~ --{ ~ t' ~- . ~ -~ ~ ~ , ~ ~ ~ 1~ . • t~ ._ J , ,. ~ _ ,_ V TV r .-- ~ r, -~ . =z, ~ ~ -~ ..~ ANSWER AND NEW MATTER AND NOW, comes defendant, Ford Motor Company, by its attorneys, Dobis, Russell & Peterson, P.C., and files the within Answer and New Matter as follows: ANSWER 1. Admitted. 2. Ford denies the accuracy of the address for its principle place of business, but admits the balance of the allegations contained in this averment. BACKGROUND 3. Admitted. 4. Admitted. 5. Ford denies that this is an accurate statement regarding the purchase price of the subject vehicle. 6. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 7. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 8. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 9. Ford specifically denies the allegations contained within this averment. 10. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. AS TO COUNT I 11. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 10 with full force and effect as though more fully set forth. 12. Ford specifically denies the allegations contained within this averment. 13. This averment constitutes a conclusion of law, to which no response is required. 14. This averment constitutes a conclusion of law, to which no response is required. 15. This averment constitutes a conclusion of law, to which no response is required. 16. This averment constitutes a conclusion of law, to which no response is required. 17. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 18. This averment constitutes a conclusion of law, to which no response is required. 19. Ford specifically denies the allegations contained within this averment. 20. This averment constitutes a conclusion of law, to which no response is required. 21. Ford specifically denies the allegations contained within this averment. 22. Ford specifically denies the allegations contained within this averment. 23. Ford specifically denies the allegations contained within this averment. 24. Ford specifically denies the allegations contained within this averment. 25. This averment constitutes a conclusion of law, to which no response is required. 26. Ford specifically denies the allegations contained within this averment. 27. This averment constitutes a conclusion of law, to which no response is required. AS TO COUNT 11 28. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 27 with full force and effect as though more fully set forth. 29. This averment constitutes a conclusion of law, to which no response is required. 30. This averment constitutes a conclusion of law, to which no response is required. 31. This averment constitutes a conclusion of law, to which no response is required. 32. This averment constitutes a conclusion of law, to which no response is required. 33. This averment constitutes a conclusion of law, to which no response is required. 34. This averment constitutes a conclusion of law, to which no response is required. 35. This averment constitutes a conclusion of law, to which no response is required. 36. Ford specifically denies the allegations contained within this averment. 37. This averment constitutes a conclusion of law, to which no response is required. NEW MATTER 38. The subject vehicle does not have anon-conformity, defect or condition which substantially impairs its use, value or safety. 39. Plaintiff failed to permit defendant a reasonable number of attempts to repair the alleged non-conformity, defect, or condition, or otherwise failed to give defendant a reasonable opportunity to cure the defect. 40. Plaintiffs vehicle was used for commercial purposes and therefore outside the purview of the Magnuson-Moss Warranty Act. 41. Plaintiff failed to mitigate damages and therefore plaintiffs damages should be limited accordingly. 42. Plaintiffs damages are as limited by the conspicuous disclaimer contained in the written warranty to repair or replacement of the allegedly defective goods, and consequential damages are expressly excluded pursuant to the applicable provisions of the Uniform Commercial Code. WHEREFORE, this defendant requests this Honorable Court to enter judgment in its favor. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that PAUL K. RUSSELL, ESQ., is hereby designated as trial counsel. CERTIFICATION OF COUNSEL certify that the foregoing statements made by me are true. 1 am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. CERTIFICATION I hereby certify that a copy of the within document has been filed with the Prothonotary's Office in the Court of Common Pleas of Cumberland County, PA, Civil Action and that a copy of the same was served upon all interested attorneys within the period of time allowed in accordance with the Rules of the Court. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for de#~ndant, Ford Motor Company BY: PAUL K. R SSELL, E Q. I.D. #70882 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 DATED: June 24, 2010 CERTIFICATE OF MAILING I, Paul K. Russell, Esq., do hereby certify that service of a true and correct copy of the within defendant's, Ford Motor Company, Answer with New Matter to Plaintiffs Complaint was made on this 24th day of June, 2010, to the below listed counsel by United States mail, postage prepaid. Robert Rapkin, Esq. KIMMEL & SILVERMAN 30 East Butler Pike Ambler, PA 19002 L!~ PAUL K. RUSSELL Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 ATTORNEYS FOR PLAINTIFF TRAVIS M. SMITH v. COURT OF COMMON PLEAS Cumberland County C7 '~ =-' FORD MOTOR COMPANY NO. 10-3281 ~ ° -.~ 3 8. Denied. ,,,r! i ~ ~ c_ ._ art ~ ~i1~ --+r T r t , (_-ti PLAINTIFF'S ANSWER TO NEW MATTER OF 4 ~-~~ ~' '{: DEFEIv7DANT, FORD MOTOR COMPANY ~=~--~, ~' ~~ U ~. The allegations of this paragraph constitute a conclusion of fact an°d%or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 39. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 40. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 41. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 42. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully demands judgment agai st D endant in an amount equal to the contract price of the subject vehicle, plus all collateral har sand attorney fees. KIMMEL ILVERMAN, P.C. Robe A. apkin, Esquire Ide ficati No. 61628 Att rney for laintiff 30 East Butl Pike Ambler, Penn ylvania 19002 (21 S) 540-888 VERIFICATION Robert A. Rapkin, Esquire, states that he/she is the attorney for the Plaintiff herein; that he/she is acquainted with the facts set forth in the foregoing Answer to New Matter; and that same are true to the best of his/her knowledge, information and beljdf. This statement is being made subject to the penalties of 18 Pa. C.S. Section 4904 relat~ng to ur~sworn falsification to authorities. Robert .Rapkin, Esquire Identi ca on No. 61628 Atto ey f r Plaintiff 30 E st Bu er Pike Am ler, Pe Sylvania 19002 (21 ) 540-8 8 CERTIFICATE OF SERVICE I, Robert A. Rapkin, Esquire, counsel for Plaintiff, do hereby certify that I served all parties with true and correct copies of the foregoing Answer to New Matter, by placing same in the United States Mail, First Class, Postage Paid addressed as follows: Paul K. Russell, Esq. Dobis, Russell & Peterson P.C. 326 South Livingston Avenue Livingston, NJ 07039 VERMAN, P.C. By: Rob A. Rapkin, Esquire Id tificat on No. 61628 A orney f r Plaintiff 30 East Bu ler Pike Ambler, Pe sylvania 19002 (215) 540-8 88 Date: 28th day of June, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Travis M. Smith - Plaintiff NO.3281 l(? r 7) =M r" r ; r Vs. r ? ao M C:) 1 Ford Motor Company _+CD o-I C> Defendant G) n j t"a 5 C__ -• --?r` ` RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in th? Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE. JUDGES OF SAID COURT: Robert A. Rapkin counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ within 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 acre otherwise disqualified to sit as arbitrators:} Say pp Cp?nq3? / WH EREFORE, 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, petition, _ Esq., and 200 , in consideration of Esq., and captioned action (or actions) as prayed for. foregoing Esq., are appointed arbitrators in the above By the Court, KevinA. Hess, P.J. y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Travis M. Smith Plaintiff NO.3281 rn? -*t ?M M Vs. c?is? co Ford Motor Company RULE 1312-1 Defendant =C) 5;C The Petition for Appointment of Arbitrators shall be substantially in theme Following form: PETITION FOR APPOINT:14ENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert A. Rapkin , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ within arbitration limits The counterclaim of the defendant in the action is N/A r-> -i -?7 F, F M C5 C-) The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: } $a??p (aa a ASS 3? 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, f o2 y , 20?C , in consideration of Ii regoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. X n. EV .? By the Co 4pt "`7 ?4_ Jti Qaber4 A • P-apk;14 (Cp; e-5 Ma. /eelr 311111 Kevin A. Hess, P.J. L - ` "t TRAVIS M. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVAl "i , ` r- te M CIVIL ACTION - LAW vs. NO. 10-3281 CIVIL z FORD MOTOR COMPANY, _-4 Defendant ' < ORDER AND NOW, this 12 day of July, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Stephanie Chertok, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, "'?' (,(- /? A4. Kevin A/lIess. P. J. ?/ Stephanie E. Chertok, Esquire 4'*' Court Administrator :rlm eofy M0,.'1e:et -711311 P-1Z L DavidD. Buef Prothonotary Office ce ofthe (Prothonotary Cum6erfand County, (Pennsy[vania 7�jrkS. Sohonage, !',SQ Solicitor I CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square ® Suite100 C CartzsCe, TA C (Phone 717 240-6195 C Fac 717240-6573