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Home My WebLink About01-0668SlV~),~NWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. 9th JUDICiAl. OISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL qofice is give~ that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case roe. tinGed bedov~ INTERSTATE FORD 196 WALNUT BOTTOM ROAD,SHIPPENSBURG, PA 17257 1/23/01 THOMAS A. UNDERWOOD, ~ ~ ~ D,ST, NO. O, ~ or 0~, 909--3--01 HAROLD E. BENDER INTERSTATE FORD C¥~! 0000274-00 ]C'3~~'--~.--"~ ~ 19 THOMAS M. PAINTER, ATTORNEY FOR APPELLANT ThLs bJock will be signed ONLY when this nototlo, is required under Pa. R.C.PJP. Nb 1008B. This Notice of Appeal, when ~c~ved by the Oish'ict Justice, ~11 ol:~te as a SUPERSEDEAS to the judgment fo~ possessk~ in this case S/gnatum of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ~". (This section of form ~o be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J,P. No. 1001(7) in action before District Justice. IF NOT USED, de,ch from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon THOMAS A. UNDERWOOD, ~ DELIA M. UNDERW,OOo!~pellee(s),tefileacomplaint[nthlsappeal '- (20) days after ser~_.c.q, of rule or suf~-r enJr-y__9~ judgm~ttxof n~n pros. X RULE: To THOMAS A. UNDERWOOD, ~ ,appellee(s). THOMAS M. PAINTER, ATTORNEY FOR N~ne o~ e.c~el~:~e~ s ) APPELLANT (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule up¢~ you by pets~tal service or by certified or reg~sterecl mail. (2) If you do not file a complaint within this time, a JUDGN~NT OF NON PROS WILl. BE ENTERED AGAINST YOU. (3) The date of service Of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY ;'7'/s,D/co/of serwce ~,~, TM, i : L . SWORN THIS. ¢date Of serv)'c¢) ....... :c ~ , ~7 f : r*gi~r~,'ed) m~i~, send DAY OF ~ , 19 ................. ,e,~ture of affla · 19 COMMONWEALTH OF PENNSYLVANIA · COUNTY OF: Mag Dist. No,: '09-3-01 DJ Name: ~d,~s,: 81 WAJGNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Te,ephone:(717) 532-7676 ATTOP~FEY DEF PRIVATE : THOMAS M. PAINTER 10 EAST MAIN ST WAYNESBORO, PA 17268-1688 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~UNDERWOOD, THOMAS A, ET AL. ~ 370 MAPLE LANE CARLISLE, PA 17013 VS. DEFENDANT; NAME ~nd ADORESS ~NTERSTATE FORD ~ 196 WALNUTBOTTOMRD SHIPPENSBURG, PA 17257 Docket No.: C"¢- 0000274- 00 Date Fi ed: 12/12/00 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) FOR PT.ATNTIFF UNDRRW~O~, TNTERRTATE FOW/~ A, RfP AT.. in the amount of $ I ,4R4.CJD on: (Date of Judgment) ~'~ Defendants are jointly and severally liable. [-~ Damages will be assessed on: --]This case dismissed without prejudice. [--~ Amount of Judgment Subject to Attachment/Act 5 o! 1996 $ [] Levy is stayed for__ days or ~-~ generally stayed. ~'-] Objection to levy has been filed and hearing will be held: Date: Piece: (Date & Time) Amount of Judgment $ 1,125.00 Judgment Costs $ 67.00 Interest on Judgment $ 67,50 Attorney Fees $ 225,00 Total $ 1,48~.50 Post Judgment Credits Post Judgment Costs Time: Certified Judgment Total $ $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WiTH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THiS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. / ,.~. ~- ~')/ Date ~/~/~ ~ ,District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgmenL Date , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL 099999-00013/08.27.0 I/EGIVdklt] 149429.1 DELIA M. UNDERWOOD AND THOMAS A. UNDERWOOD Plaintiffs INTERSTATE FORD, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-668 CIVIL ACTION - LAW NOTICE OF ARBITRATION HEARING NOTICE is hereby given that the Arbitrators appointed by the Court to hear and decide the above matter will hold a hearing for the purpose of their appointment on Thursday, October 18, 2001at 3:00 P.M., at the Old Cumberland County Courthouse, 2nd floor Hearing Room, comer of Hanover and High Streets, Carlisle, Pennsylvania. August 27, 200I By: Edmund G. Myers, Chairman To: Thomas Ollason, Esquire, Arbitrator 1017 Mumma Road Lemoyne, Pennsylvania 17043 Albert Peterlin, Esquire, Arbitrator 1013 Mumma Road Lemoyne, Pennsylvania 17043 Richard L. Webber, Jr., Esquire, Attorney for the Plaintiff 19 Brookwood Carlisle, Pennsylvania 17013 Thomas M. Painter, Esquire, Attorney for Defendants 10 E. Main Street Waynesboro, Pennsylvania 17268 VIN: KNAFB1213W5748976_ 0~/11/2000 ' EmcLE INFORMATION ~H: VIN NOT FOUND BODY: VERIFY ENTRY ~XTENDED SERVICE PLAN CODE: 743, USA USED 12/12,000 POWERTRAINCARE ESP OWNER NAME: DELIA UNDERWOOD OPTIONS: EXP DT 11/16/2000 & DIST 30,848 RNTL $28 UP TO CONTRACT SOLD BY: USA 01310 5 DAYS TOWING DED: $100 $50 1 YEAR WARIL~NTY HISTORY NO REPAIR HISTORY ON VEHICLE RECALLS THERE ARE NO RECALLS ASSOCIATED WITH THIS VEHICLE. PIN: KNAFBI213W5748976; PAGE #1 WSC~:RMPA029S1 DLRPA029 KIA MOTORS Ai~ERICA Claim Inquiry by VIN 8/02/2000 10:39:08 VIN No : KNAFB1213W5748976 Model Key : Sephia II(98MY~) (L/B/P/Seq. ) PR.DT: 4/09/1998 DL.DT: 8/31/1998 Selling Dealer: NY002 PATCHOGUE MOTORS, Current Owner: YEUNG HUNG A Dealer R/O Clm VR Claim Mileage R/O Date ADJ.Date Causal Part # # Typ/Mode Claimed/A/~t CR./Amt Status 8108W R43995 1 01 W W 1 7/22/1998 7/23/1998 NPN MATERIAL KNAFB1213W5748976 .00 .00 A A NY013 300592 1 01 F F 1354 10/08/1998 10/19/1998 0B631 14 302 KNAFB1213W5748976 .00 .00 A A NY013 300814 1 01 W W 3016 11/04/1998 11/17/1998 0K2AA 33 251A KNAFB1213W5748976 .00 .00 A A NY013 300814 2 01 W W 3016 11/04/1998 11/17/1998 0K23N 26 38Z KNAFB1213W5748976 .00 .00 A A NY034 301105 1 01 W W 5560 12/15/1998 1/04/1999 0K2AA 13 640 KNAFB1213W5748976 .00 .00 A A Action : I=Inquiry V=Vin Inquiry COMMAN : F3=Exit ~4=Promp~ MESSAGE : ~ELIA M. UNDERWOOD ~70 MAPLE LANE ]ARLISLE, PA 17013 {OME: 717-691-6679 BUS: 134170 *INVOICE* PAGE 5 SERVICE ADVISOR: KUHNS-HARNISH FORD, INC. 6320 Carlisle Pike Box 1177 MECHANICSB!JRG, PA 17055 (717) 766-4733 5'706 PHILIP WINSTON WHITE 98 KIA SEPHIA KNAFB1213W5748976 CAX4919 } 30004/30007 T376 01 JAN1998 ~ 7: 00 08AUG00 VAR CASH ~ 6AUG2000 R;O: OPENED OPTIONS: DLR: 01269 07:19 08AUG00 13:19 16AUG00 LINE OPCODE TECH TYPE HO~S LIST NET TOTAL L CUSTOMER STATES:WEATER SEAL AROUND DOORS ARE COMING LOOSE-CHECK AND ADVISE. / / CAUSE: C29 58760NTT REPLACED ALL DOOR WEATHER STRIPS 5760 WPK (N/C) 1 0KZA~-58-760AWTHSTP-FDOOR,RH (N/C) 1 0K2A1-59-760A WTHSTP-FDOOR,LH (N/C) 1 0K2A1-72-760 WTHSTP ASSY-DOOR,RH (N/C) (N/C) THE FACTORY WARRANTY CONSTITUTES ALL OF THE WARRANTIES WITH RESPECT TO THE SALE OF THIS ~ESC,~}PTi0N ~0TA~.S iTEM/iTEMS, THE SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR LABOR AMOUNT ~ 46.35 IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SELLER NEITHER ASSUMES NON AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT _PANTS AMOUNT PLEASE RETAIN COPIES OF ALL REPAIR INVOICES IN YOUR AUTOMOBILE, THIS WILL PROVIDE YOU WITH A SERVICE RECORD OF ALL MAINTENANCE SERVICES PERFORMED ON YOUR VEHICLE. WORK IS GUARANTEED FOR 90 DAYS OR 4000 MILES FROM DATE PERFORMED. ANY CLAIMS OR ADJUSTMENTS MUST BE ACCOMPANIED BY THE INVOICE COPY ON WHICH WORK WAS PERFORMED. x rATURE CUSTOMER COPY 49.95 0.00 SUBLET AMOUNT 0 · 0 0 MISC. CHARGES C) . 00 TOTAL CHARGES 196.30 LESS 0.00 SALES TAX 11 . 78 PLEASE PAY THIS AMOUNT 27277 1 3 4 1 7 0 DELIA M. UNDERWOOD 370 MAPLE LANE CARLISLE, PA 170~3 HOME: 717-69~-6679 BUS: *INVOICE* PAGE 4 KUHNS-HARNISH FORD, INC. 6320 Carlisle Pike Box 1177 MECHANICSBURG, PA 17055 (717) 766-4733 SERVICE ADVISOR: 5706 PHILIP WINSTON COt. OR MAKEfMODEL ~iN LICENSE MILEAGE ~N7 OUT TAG WHITE 98 I KIA SEPHIA I KNAFB12~3W5748976 I C~49~9 30004/30007 T376 0~J~199~ } ~7:00 08AUG00 J V~ J CASH }~6AUG2000 ~o~ O~NED ~3:~9 g[~D~ 6AUG00 OcelotS: DLR: 0~ 269 07:19 08AUG00 LINE OPCODE TECH TYPE HOURS 5760 WPK I 0K2AA-69-180-XX MIRROR ASSY-DOOR,LH FC: N54 PART#: 0K2AA-69-~80-XX COUNT: CLAIM TYPE: W AUTH CODE: LIST NET TOTAL (N/O (N/O SUBL ACE BODY SHOP #54684 WPK (N/O (N/O COUNT: CLAIM TYPE: W AUTH CODE: / CAUSE: C06 88020R00 REPLACE FRONT SEAT CUSHION 5760 WPK (N/C) ~ 0K2AA-57-160B96 CUSHION-FSEAT, LH (N/C) FC: N86 PART#: 0K2AA-57-160B96 COUNT: CLAIM TYPE: W AUTH CODE: THE FACTORY WARRANTY CONSTITUTES ALL OF THE WARRANTIES WITH RESPECT TO THE SALE OF THIS DES~iP~iONi i ~Q~ALS ITEM/~TEMS. THE SELLER HERERY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR LASOR AMOUNT IMPLIED, iNCLUDiNG ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIASILITY [N CONNECTION WIIH THE SALE OF THiS ITEM/ITEMS. PLEASE RETAIN COPIES OF ALL REPAIR iNVOICES iN YOUR AUTOMOBILE. THIS WILL PROVIDE YOU W~TH A SERVICE RECORD OF ALL MAINTENANCE SERVICES PERFORMED ON YOUR VEHICLE, WORK IS GUARANTEED FOR 90 DAYS OR 4000 MILES FROM DATE PERFORMED, ANY CLAIMS OR ADJUSTMENTS MUST BE ACCOMPANIED BY THE INVOICE COPY ON WHICH WORK WAS PERFORMED. X CUSTOMER SIGNATURE PARIS AMOUNT GAS, OIL, LUSE SURLET AMOUNT MISC. CHARGES TOl~/ CHARGES tESS SALES TAX PLEASE PAY THiS AMOUNT CUSTOMER COPY 27277 1 3 4 1 7 0 *INVOICE* DELIA M. UNDERWOOD 370 MAPLE LANE CARLISLE, PA ~7013 HOME: 7~7-691-6679 BUS: PAGE 3 SERVICE ADVISOR: KUHNS-HARNISH FORD, INC. 6320 Carlisle Pike Box 1177 MECHANICS~URG, PA 17055 (717) 766-4733 5706 PHILIP WINSTON WHITE 98 } KIA SEPHIA ! 01 JAN1998 17:00 08AUG00 BO:OPENED BEADy OPTIONS: DER: 01269 07:19 08AUG00 ~3:~9 36AUG00 LINE OPCODE TECH TYPE HOURS PART#: 0K2AA-69-320C05 COUNT: CLAIM TYPE: W AUTH CODE: VtN LICENSE MILEAGE IN/OUT TAG KNAFB1 213W5748976 CAX4919 30004/30007 T376 RATE PAYMENT IN¥~ DATE VAR CASH 16AUG2000 LIST NET TOTAL F CUSTOMER STATES:CHECK CV JOINTS,STEERING, AND BEARINGS-CHECKANDF ADVISE. / / CAUSE: C10 56500R00 STEERING GEAR BOX R&R 5760 2 57032 T ~' ': ',", · .'.. {N/O (N/O (N/C) CLAIM TYPE: W AUTH CODE: G LABOR FRONT END ALIGNMENT 5760CKHNU 29.95 H ROTATE TIRES AND CHECK TIRE PRESSURE RT ROTATE TIRES AND CHECK TIRE PRESSURE 5760CKMNU 9.95 I CUSTOMER STATES:BLACK PAINT IS COMING OFF OF OUTSIDE REAR VIEW MIP~ROR-CHECK AND ADVISE. / / CAUSE: C98 69~80RTT REPLACE LEFT FRONT MIP~ROR ITEM/ITEMS. THE SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR iMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR - PURPOSE, AND THE SELLER NEITNER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF TH~S ITEM/ITEMS. PLEASE RETAIN COPIES OF ALL REPAIR INVOICES IN YOUR AUTOMOBILE. THIS WILL PROVIDE YOU WITH A SERVICE RECORD OF ALL MAINTENANCE SERVICES PERFORMED ON YOUR VEHICLE, WORK IS GUARANTEED FOR 90 DAYS OR 4000 MILES FROM DATE PERFORMED. ANY CLAIMS OR ADJUSTMENTS MUST BE ACCOMPANIED BY THE INVOICE COPY ON WHICH WORK WAS PERFORMED. CUSTOMER SIGNATURE LABOR AMOUNT PARTS AMOUNT GAS, OIL, tUBE SUBLET AMOUNT MISC, CHARGES TOTAL CHARGES LESS BALEB TAX PLEASE PAY THIS AMOUNT CUSTOMER COPY 29.95 9.95 · 27277 DELIA M. UNDERWOOD 370 MAPLE LANE CARLISLE, PA 17013 HOME: 717-691-6679 BUS: 134170 *INVOICE* PAGE 2 SERVICE ADVISOR: KUHNS-HARNISH FORD, INC. 6320 Carlisle Pike Box 1177 MECHANICSSURG, PA 17055 (717) 766-4733 5706 PHILIP WINSTON WHITE 98 KIA SEPHIA KNAFB1 213W5748976 CAX4919 01JAN1998 17:00 08AUG00 v~ CASH 1 OPtiONS: DLR: 01269 07:19 08AUG00 13:19 16AUG00 LINE OPCODE TE~ T~E HO~S LIST NET AUTH CODE: 30004/30007 T376 INV DA"I'E 6AUG2000 TOTAL C CUSTOMER STATES:ENGINE DOES NOT START UP AS IT SHOULD-HARD STARTING AT TIMES-CHECK AND ADVISE. / / CAUSE: C10 27410R00 REMOVE AND REINSTALL SPARK PLUGS AND CLEA~. 5760 WPK 27410RP0 HI SCAN PRO OPERATION (N/O (N/O (N/C) (N/O AUTH CODE: SUBL KIA LOANER 6 DAYS # 5~152 W~K (N/O 17526A CHECK AND ADJUST WIPER ARMS 5760 cPK E CUSTOMER STATES:SUN VISOR ON DRIVERS SIDE FALLS OFF AT TIMES-CHECK AND ADVISE. / / CAUSE: C29 693ZORTT SUNVISOR RELATED REPAIR 5760 WPK (N/C} ~ 0K2AA-69-320C05 SUNVISOR,LH (N/C} FO: N86 THE FACIORY WARRANTY CONSTITUTES ALL OF THE WARRANTIES WITH RESPECT TO THE SALE OF TH)S ~O~A[B! ITEM/ITEMS. THE SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, E~THER EXPREBSEO OR LABOR AMOUNT X IMPLIED, iNCLUDiNG ANY iMPLiED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT PARTS AMOUNT ANY LIABILITY iN CONNECTION WiTH THE SALE OF THiS ITEM/ITEMS. GAS, OIL LUBE PLEASE RETAIN COPIES OF ALL REPAIR iNVOICES ~N YOUR AUTOMOBILE. THiS WILL PROVIDE SUBLET AMOUNT YOU WiTH A SERVICE RECORD OF ALL MAINTENANCE SERVICES PERFORMED ON YOUR MISC. CHARGES VEHICLE. WORK IS GUARANTEED FOB 90 DAYS OR 4000 MILES FROM DATE PERFORMED. TOTAL CHARGES ANY CLAfMS OR ADJUSTMENTS MUST SE ACCOMPANIED BY THE iNVOiCE COPY ON WHICH WORK WAS PERFORMED. LESS SALES TAX CUSTOMER SIGNATURE PLEASE PAY THIS AI~OUNT CUSTOMER COPY 27277 DELLA M. UNDERWOOD 370 MAPLE LANE CARLISLE, PA 17013 HOME: 7~7-691-6679 BUS: 134170 *INVOICE* PAGE 1 SERVICE ADVISOR: KUHNS-HARNISH FORD, INC. 6320 CaHisie Pike Box 1177 MECHANICSBURG, PA 17055 (717) 766-4733 5706 PHILIP WINSTON WHITE 98 I KIA SEPHIA ~ KNAFB1213W5748976 I CAX4919 I 30004/30007 01JAN1998 17:00 08AUG00 VAR OPTIONS: DLR:0~269 07:]9 08AUG00 13:19 ~6AUG00 LINE OPCODE TECH TYPE HOURS LIST A SYSTEM INSPECTION/ROAD TEST/CHECK OPERATION/VISUAL CHECKS CAUSE: BRAKE SYSTEM INSPECTION/ROAD TEST/CHECK OPERATION/VISUAL CHECKS 5760CKMNU 2001AF REPLACE FRONT BRAKE PADS 5760 CPK ~ 0K2A4-33-23Z PAD SET-FRT 49.95 40300RTT EXHAUST SYSTEM RELATED REPAIR 5760 WPK T376 CASH 16AUG2000 NET TOTAL 29.45 29.45 66.00 66.00 49.95 49.95 (N/O (N/O (N/C) (N/O B CUSTOMER STATES:BRAKE PEDAL PULSATES WHEN APPLIED-CHECK AND ADVISE. / / CAUSE: C12 5760 WPK {N/C} 2 0K2AA-33-25qB PLATE-DISC (N/C) 3 F6AZ*2C410*A8 CLEANER-BRAKE PART {IS OZ. AER (N/C) 5276~ROB REAR BRAKE DRUMS R&R 5760 WPK (N/C) 2 0K201-26-25~B DRUM-BRAKE (N/C) FC: N2q PART#: 0K201 -26-25~B COUNT: CLAIM TYPE: W THE FACTORY WARRANTY CONSTITUTES ALL OF THE WARRANTIES WITH RESPECT TO THE SALE OF THIS PLEASE RETAIN COPIES OF ALL REPAIR INVOICES IN YOUR AUTOMOSILE. THIS WILL PROVIDE SUSLET AMOUNT YOU WiTH A SERVICE RECORD OF ALL MAINTENANCE SERVICES PERFORMED ON YOUR MISC, CHARGES VEHICLE. WORK IS GUARANTEED FOR 90 DAYS OR 4000 MILES FROM DATE PERFORMED. TOTAL CHARGES ANY CLAIMS OR ADJUSTMENTS MUST BE ACCOMPANIED SY THE INVOICE COPY ON WHICH - WORK WAS PERFORMED. LESS CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT CUSTOMER COPY '~%ELIA M UNDERWOOD '~'~/0 liAPLE LANE c~CARLISLE PA 17013 ,~s. (717)691-6679 PLF..A~E ENTER MY ORDER FOR THE FOLLOWING 199B KIA SEPHIA 4DR 8, 9 7 t, NOV 16T1~ 99 Phone ,j~-' 532~888 Chambersburg Toll Free 267-2220 196 Walnut Bottom Road SHIPPENSBURG, PA 17257 DEAL # PRICE OF VEHICLE ~4 939.t.: ~aOUNT DIRECT RELIANE INSURAN£E DFPT 7023388 VERIREO BY orderS, ex,pt as permi~ by taw, you shall, at our option, lodeit as d~ages · e amount of $ Signature Purchaser agree that this order includes all of the terms and ~nditions on ~th t~e lace and reverse side her~f, that this order cancels and'Su~rs~ any prior agreement ~d as of the date her~f comprises the complete and exclusive st=relent of ~e terms 0f agreement relating to the subject me,ers ~vered hereby. Th~ o~er shatl not ~ome binding until accepted by the dealer of his ~)er If th~ ~ to ~ a flnanc~ purchase I autho~e Inte~ate Ford to obtain [nfo~ation on my cr~it hi~0~ ~d acknowledge ~at Inte~te Fo~ ~ not ~)~at~ to ~l this vehicle unle~ fln~cing is ~prov~. Purch~r by his ex~ution of ~is order ~s ~at he is I~al age or ~der and ac~ ~at U CH S n:s - PROTECTION PLAN t. CASH PRICE 376.0, 2, TRADE ALLOWANCE 3. TAXABLE BALANCE (1 - 2) 4. TAX ('rAY, ABLE BALANCE x .06) = 5. LICENSE, TITLE, REGISTRATION FEE 0. DOCUMENTARY FEE 7. PA TIRE TAX 0. TOTAL PRICE OF VEHICLE (1 9..TRADE IN ALLOWANCE 10. BALANCE OWED 11. NET ALLOWANCE (9 -10) 12. DEPOSIT 13. CASH DUE ON DELIVERY 14. TOTAL CREDITS (t t + 12 + 13) 15. AMOUNT FINANCED OR BALANCE DUE FIN, INS. TERM EXT WARR N/A 9758.7~ N/A N/A N/A 955.0a 955,00 GE CAPITAL CUSTOMIZE AUTO SERVICES 60 AMTi .9603-3~IP'R' 1~-9~ POWERTRAIN ODOMETER DISCLOSURE STATEMENT PLAINTIFF'S EXHIBIT% Federal law (and ,State law, if applicable) requires that you sta .~ ownership. Failure to complete or providing a false statement may Iesu~L .~ m.~o ~,, ~r imprisonment. I, ~N-(F~!~ ~-f!~,[i, [~L. state that the odometer now (TRANSFEROR'S NAME PRINT) reads ~ / (no tenths) miles and to the best of my knowledge that it reflects the actual mileage of the vehicle described below, unless one of the following statements is checked. (1) I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in excess of its mechanical limits. I(2) I hereby certify that the odometer reading is NOT the actual mileage. WARNING -- ODOMETER DISCREPANCY. MAKE MODEL IDENTIFICATION NUMBER BOOY TYPE YEAR TRANSFERORrS NAME (PRINTED NAME) TRANSFEROR'S ADDRESS (STREET) ¢ (CITY) / (STATE) (SIGNATURE) " DATE OF STATEMENT TRANSFERSE'SNAME il~..~_ ~A l'f ~NOERt(Of''), ,,. ~'?0 M,~U~L.E LANE CARL~JL,. CUMBERLAND, PA (SIGNATURE) (~RINTED NAME) (ZIP CODS) Pdnted on behalf of: Interstate Ford, Inc. 196 Walnut Bottom Road Shippensburg, PA 17257 01310 3/1/187 Delia M. Underwood 370 Maple Ln Carlisle, PA 17013-7830 I,,,lll.,.lll,,.,,ll..ll,h.,Ih,l,,,ll,ll,,.I,,.llh,,,,ll,I November19,1999 1999323000026 Thank you for your purchase of the Ford Extended Service Contract (ESC). YOUR ESC COVERAGE The following information about your Extended Service Contract has been entered into Ford's computer system network. Please verify your coverage below and contact the selling dealer for any corrections. Plan Type: Date/Distance Expiration: Deductible Per Eligible Repair Visit: Vehicle Identification Number: PowertrainCARE for Used Vehicles 11-16-2000 or 30,848 miles $100 KNAFB1213W5748976-01 WHEN YOU NEED A REPAIR · Take your vehicle to your selling dealer or any Ford or Lincoln-Mercury dealership (either in the United States or Canada). · The dealership will use your Vehicle Identification Number (VIN) to verify your ESC coverage through the Ford computer system network. IF YOU NEED ASSISTANCE To locate the nearest Ford or Lincoln-Mercury dealership, owners may contact ESC Headquarters at (800) 521-4144. FOR ADDITIONAL INFORMATION Your personalized Ford Extended Service Contract Provisions are enclosed. (For Florida customers who purchased coverage prior to December 1, 1994, your contract was provided to you at the time of sale as part of the ESC registration policy - Mechanical Breakdown Policy.) The contract provisions explain the benefits, time and mileage coverage, and exclusions of the plan you have purchased. We believe having Ford ESC on your vehicle should help provide you with peace of mind when it comes to your vehicle's service needs. On your next visit to your dealership, please take a minute to review your vehicle's ESC coverage with a Service Advisor. We recommend you keep a copy of this letter with your owner's manual and other vehicle information. Ford Extended Service Contract Headquarters Parts Coverage Under the ESC PowertrainCARE for Used Vehicles Plan Covered Parts · Engine - Cylinder block and all internal lubricated parts, seals and gaskets, cylinder heads, manifold (exhaust), manifold (in- take), factory-installed turbocharger/supercharger unit, timing gears (chain or belt), flywheel, valve covers, oil pan, timing chain cover, oil pump, water pump, thermostat, thermostat housing. (EXCEPTIONS: CARBURETION COMPO- NENTS ARE NOT COVERED.) · Transmission - Transmission case and all internal parts in- cluding torque converter and t~ansfer case (all internal parts), seals and gaskets. Front-Wheel Drive - Final drive housing and all internal parts, universal and constant velocity joints, front-wheel bear- ings, axle shafts, locking rings, (four-wheel drive vehicles), seals and gaskets, automatic front locking hubs (four-wheel drive), mar-wheel bearings. Rear-Wheel Drive - Drive axle housing and all internal parts, universal and constant velocity joints, rear-wheel bearings and retainers, axle shafts, seals and gaskets, drive shaft, front-wheel beatings. Parts and Services NOT Covered NOTE: ESP Headquarters reserves the right to inspect your ve- hlcle. · ALL ITEMS NOT SPECIFICALLV LISTED IN COVERED PARTS ABOVE. · Repairs covered by the Original Factory Limited Warranty or recalls. · Service adjustments and cleaning except in conjunction with a covered repair. · REPAIRS NEEDED TO ANY ENGINE, TRANSMISSION AND FINAL DRIVE COMPONENTS CAUSED BY AN AFTERMAR- KET-INSTALLED TURBOCHARGEP-JSUPERCHARGER. · Repairs due to negligence caused by sludge build-up, lubricant blockage, or contamination of oil, fluids or fuel. · Repairs caused by loss of lubricant or fluids. · Repairs caused by damage or unreasonable use (damage from road hazards, accident, fire or other casualty, misuse, negligence, racing or failures caused by modifications or parts not autho- rized by or supplied by Ford). · Damage from the environment (airborne fallout, acts of war, flood, chemicals, tree sap, salt, hail, windstorm, lightning, road haz- ards, etc.). · Repairs resulting from the lack of reqalred]recommended maln- tenance (failures caused by the owner neglecting to perform the required maintenance services noted in the owner's manual or other documents supplied by the vehicle manufacturer). Proof of maintenance may be required. Maintenance records consist of docttments that include mileage, date, VIN and what maintenance was performed. If the owner performs his/her own maintenance, receipts of purchases of maintenance items must be kept, and may be required for RELATED REPAIR claims. · MANUFACTURER'S RECOMMENDED SCHEDULED MAIN- TENANCE SERVICE (unless the Quality Care Maintenance Protection Plan was purchased). Repairs needed to a covered part caused by the failure of a non- covered part (except Florida). Repairs to the vehicle if the odometer is altered, broken or re- palred/reptaced so that the actual mileage cannot be determined. To the extent allowed by law, loss of used of vehicle, loss of time, inconvenience, commercial loss, consequential damages, and per- sonal expenses such as motels, food, gas and mileage. Rental reimbursement does not cover mileage charges, drop-off fees, insurance, gasoline, and state/local taxes. Vehicles manufactured for sale outside the 50 States and Canada. Repairs to the vehicle performed outside of the 50 States and Canada and repairs required because of normal operation out- side the 50 Sta~s and Canada. Repairs to a covered vehicle, under a Used vehicle plan, that are required due to a condition that existed prior to sale and would have been obvious during the presale inspection (except AZ). Repairs covered by plans ars limited up to the present N.A.D.A. trade-in value of the vehicle per repair visit. Shop supplies and environmental waste disposal. Coverage will be invalidated if the original factory limited war- rarity is voided, in whole or in part, the vehicle is branded, to- taled or salvaged or the VIN cannot be identified. The following vehicles are not eligible for coverage: Taxi, livery/ shnttie/commuter, emergency vehicle, tow truck, Mustang Co- bra R, Saleen modified vehicles, branded, repossessed, vehicles equipped with snow plows and electric vehicles. The following vehicles are ONLY eligible for ESP New Vehicle PowertrainCARE and BaseCARE plans: Inromple~ vehicles with the first three VIN positions of; IFC, 1FD, 2FC, 2FD, 3FC, and 3FE. ESC-FY October, 1998 dollar ($50) processing fee, provided no claims have been filed under this contract. If a claim has been filed under this contract within the first sixty (60) days or if the request is received after sixty (60) days from signature date, the refund will be Equally Prorated from the signature date and starting miles, based on months used or miles used, whichever is greater, and less a fifty dollar ($50) processing fee. In the event repair or replacement of a defective part covered under this contract has not been completed within sixty (60) days of the filing of a proof of loss with the selling dealership, the purchaser may make direct claim against The American Road Insurance Company, P.O. Box 6045, Dearborn, Michigan, 48121. m m mm 1999323000026 tured parts authorized by your Program Administrator. Repairs will be paid up to the then current N.A.D.A. wholesale value of the vehicle per repair visit. 6. CARE OF VEHICLE. Your vehicle must be properly operated and maintained in accordance with the maintenance schedule in the Service Guide of the Owner's Manual for the vehicle. Proof of maintenance may be required before vehicle is eligible for repairs of covered components. 7. TRANSPORTATION REIMBURSEMENT. Transportation reimbursement applies only after it has been determined by the repairing dealer that 1) the repair is covered under this ESP/ESC contract; or 2) the repair is covered under an original factory limited warranty; and 3) the vehicle must be kept overnight by the repairing dealer. Reimbursement will be made for rental charges incurred up to the plan limits of up to $28/day (up to $35/day for Lincoln or Merkur vehicles) for up to five days while the repair is being completed. The rental vehicle must be rented from a Ford or Lincoln-Mercury dealership or other commercial agency to be eligible for reimbursement. 8. TOWING REIMBURSEMENT. If a covered part fails and makes towing necessary, towing costs not paid by insurance will be covered for up to $50 to the repairing dealership. 9. TRANSFERABILITY. To transfer the remaining coverage, send a waiver signed by the previous owner, statement of present mileage, new owner's name and address, and a check for $50 to the address shown below: Extended Service Plan Headquarters P.O. Box 6045 Dearborn, MI 48121 Important Information: - Coverage on repossessed vehicles is not eligible for transfer. - Transferred contracts are not eligible for cancellation. 10. TERMINATION. - All cancellation requests must be submitted in writing by the purchaser to the selling dealership. If the selling dealership is no longer in business, the purchaser must submit a written request to ESP/ESC Headquarters, P.O. Box 6045, Dearborn, Michigan, 48121. - The Application for Contract, Provision Certificate, and odometer reading must be included with the request. - The customer's refund will be based upon the purchase price paid. - Refunds will be made to the lienholder or purchaser by the selling dealership. If the selling dealership is no longer in business, refunds will be made to the lienholder or purchaser by ESP/ESC Headquarters. - If this contract is expired by time or mileage or has been transferred, it is not eligible for a refund. - Options purchased with the plan cannot be cancelled separately from the ESP/ESC contract. If the request is received within sixty (60) days from contract signature date, the selling dealership will terminate the agreement and refund the full purchase price, less a f'ffty EXTENDED SERVICE CONTRACT Coagratulations, Delia M. Uaderwood, on the purchase of the 2000 ESC PowertrainCARE for Used Vehicles plan for your vehicle, KNAFB1213W5748976-O1. Your plan will expire 11-16-2000 or at 30,848 miles, whichever occurs first. 01310 3/1/187 Delia M. Underwood 370 Maple Ln Carlisle, PA 17013-7830 I,,,llh,,llh,,,,,ll,,Ihh,,Ih,h,,ll,ll,,,h,,llh,,,,Ihl 1999323000026 EXTENDED SERVICE PLAN PROVISIONS This is an ESC PowertrainCARE for Used Vehicles service contract between Delia M. Underwood and Ford Motor Service Company and is insured by The American Road Insurance Company. Under this plan, Ford Motor Service Company agrees to repair or replace any covered parts that fail, or that fail due to normal wear, within the time and mileage term selected, except for the deductible stated below, for the plan period. 1. CONTRACT PERIOD. This contract begins when the contract is sold to you and provides coverage for 12 months or 12,000 miles from the contract sale date and miles, whichever occurs first. Therefore, this contract expires 11-16-2000 or at 30,848 miles, whichever occurs first. 2. CONTRACT CHANGES. The expiration date, mileage, and/or options (except for PowertrainCARE 12/12 for vehicles with 90,000 to 100,000 miles) of this contract may be changed by you within 90 days of the signature date of the contract. Please contact your selling dealer for additional information. 3. WHERE TO GO FOR REPAIRS. As the seller of the contract, your dealership is interested in your satisfaction. It is recommended, therefore, that you return to your selling dealership for repair of a covered component. If you require assistance in receiving covered repairs or locating the nearest Ford or Lincoln-Mercury dealership, you may call ESC Headquarters at 800-521-4144. A Ford or Lincoln-Mercury dealership must be used for covered repairs unless your dealership or ESC Headquarters has authorized your referral to another dealership or repair shop. 4. COVERED COMPONENTS. Components covered by this contract are shown on the reverse side. During the Contract Period, the Program Administrator agrees that its authorized dealerships will repair or replace covered components found to be defective in factory-supplied materials or workmanship. For each eligible repair visit, you will be charged a $100 deductible by the dealership which you must pay. 5. REPAIRS. All repairs of covered parts must be made with service parts or remanufac- O Customized Auto Credit Services, Inc. RETAIL INSTALLMENT CONTRACT AND Date Seller means the Seller above and anyone to whom the Seller transfers this Contract. i Buyer Address PLAINTIFF'S ~'" - EXHIBIT 1 Buyer means each Buyer above. SALE: Buyer agrees to purchase the motor vehicle (Vehicle) and services described below from Seller. Buyer agrees to purchase the Vehicle from Seller on the terms of this contract and security agreement (Contract). Buyer understands that Seller is selling Buyer the Vehicle in its present condition. Description of Year 1 *~!-;~¢ VIN .............. ' I '' r ' Other: Motor Vehicle Make ~ ~" Lic. No./Year Purchased Model .[i'~i ,i'~ ~ New ~Used Description of Trade-In PROMISE TO PAY AND PAYMENT TERMS: Buyer promises to pa, y Seller the principal amount of $ Buyer agrees to pay finance charges on the unpaid balance at !: ?~'? % per year from today's date until maturity, Finance charges accumulate on a g(:'";' day basis. After maturity or after Buyer breaks any of the terms of this Contract or after a court judgment, Seller will earn interest on the unpaid balance at ! ". fi' % per year. Buyer agrees to make payments and to pay late charges as provided in the TRUTH IN LENDING OIBCLOSURES. Buyer also agrees to pay any additional amounts according to this Contract's terms. [] MINIMUM FINANCE CHARGE: Buyer agrees to pay a minimum finance charge of $ if Buyer pays this Contract in full before Seller has earned that much in finance charges. DOWN PAYMENT: Buyer agrees to pay or apply to the Cash Price, by the date of this Contract, any cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. [] Buyer agrees to make payments over an extended period of time or at a future date as part of the cash down payment as shown in the payment schedule in the TRUTH IN LENDING DISCLOSURES. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE AMOUNT TOTAL OF PAYMENTS PERCENTAGE RATE CHARGE FINANCED The amount Buyer will The cost of Buyer's credit The dollar amount The amount of credit have paid when Buyer as a yearly rate. the credit provided to Buyer or has made all scheduled wilt cp~t Buyer.~ on Buyer's behalf, payments. Payment Schedule: Buyer's payment schedule is Number of Payments Amount of Payments TOTAL SALE PRICE The total cost of Buyer's purchase on credit, including Buyer's down pay, ment of i ', ..: '2;: When Payments Are Due Security: Buyer is giving Seflera security intere~,t?n the Motor Vehicle purchased. [~,L~t~_Cl~lfg~;Jf a ei~lcnent s more than ' ~' days late, Seller will charge Buyer ;: i.[ [; f%:~' .:f Prepayment:If Buyer pays off this Contract early, Buyer [] may ~ill not have to pay a Minimum Finance Charge. Contract Provisions: Buyer can see the terms of this Contract for any additional information about nonpayment, breaking the terms of this Contract, any required repayment before the scheduled date, and prepayment refunds and penalties. I BUYER RESTRICTIONS: If Buyer does not meet this Contract's obligations, Buyer may lose the property that Buyer bought in thiS sale. I SECURITY: Buyer gives Seller a security interest in the Vehicle. Buyer also gives Seller a security nterest n all attachments, accessories, and equipment installed or placed in or on the Vehicle. Seller refers to the Vehicle and any items ins!ailed or placed in or on the Vehicle as Property. Buyer also gives Seller a security interest in the proceeds of the Property. Seller s nterest w II not extend to consumer goods unless Buyer acquires rights to the goods within 10 days after Se er enters nrc th s Contract or the ~)cods are installed in or affixed to the Vehicle. Buyer assigns andgives a secur ty nterest in proceeds and premium refunds of any ~nsurance and service contracts purchased with this Contract. CREDIT INSURANCE: Credit life insurance and credit disability insurance are not required to obtain credit. Buyer will not receive credit life insurance and credit disability insurance unless Buyer signs and agrees to pay the additional premium. If Buyer wants such insurance, Seller will obtain it for Buyer (if Buyer qualifies for coverage). Seller is quoting below ONLY the coverages Buyer has chosen to purchase. See Notice of Proposed Insurance on page 2. Credit Life: Insured [] Single [] Joint Premium $ ¢; / ~Term Credit Oisabili~: Insured [] Single [] Joint Premium $ Term.__ Name of Insurance Company: Buyer wants the credit insurance coverages indicated above, ITEMIZATION OF AMOUNT FINANCED Motor Vehicle Pdce (incL sales tax of $ .i~¢~ !' ) $ Service Contract, Paid to: ~U.¢:i~ T F ~ r, $ Amount to Finance line e. (if e. is negative) $ Cash Price $ $ Manufacturer's Rebate Cash Down Payment $ Extended Down Payment $ a. Total Cash/Rebate Down Description of Trade-tn b. Trade-th Allowance c. Less: Amount owing $ Paid to: d. Net Trade-in (b~ minus c.) $ e. Net Cash/Trade-in la. plus d.) $ Down Payment (e.; disclose $0 if negative) $ Unpaid Balance of Cash Price $ RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT TOTAL SALE PRICE: Seller gave Buyer the opportunity to purchase the Vehicle and described services for the Cash Price or the Total Sale Price. The Total Sale Price is the total price of the Vehicle and any services if you buy them over a period of time. Buyer is purchasing the items over a period of time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that Buyer will make all payments as scheduled. Buyer may actually pay more or less depending on when Buyer makes payments. Seller charges and collects finance charges. These charges are not more than state or federa~ law allows. If Buyer pays a finance charge or fee that is more than state or federal law allows, Seller will apply the charge or fee first to reduce the principal and refund any excess to Buyer. Buyer understands and agrees that some payments to third padies as a part of this Contract may involve money retained by Seller or paid back to Seller as commissions or other remuneration. PREPAYMENT: Buyer may prepay this Contract in full or in par[ at any time. Any partial prepayment will not excuse any later scheduled payment until Buyer pays this Contract in full. Buyer may obtain from Seller or the insurance company named in Buyer's policy or certificate of insurance a refund of any prepaid, unearned insurance premiums. BUYER'S RESPONSIBILITIES TOWARDS PROPERTY: Buyer agrees to do the following: A. Buyer will defend Seller's security interest in the Property against anyone who claims to have an interest in the Property. Buyer will do whatever is necessary to keep Seher's claim to the Property ahead of the claim of anyone else. Seller's claim to the Property comes ahead of the claim of any of Buyer's other creditors. Buyer agrees to sign any additional documents and to provide Seller with any additional information Seller may require to protect Seller's security interest in the Property, B. Buyer will keep the Property in Buyer's possession and in good condition. Buyer will only use the Property for its intended and lawful purposes. Unless otherwise agreed in writing, Buyer wilt keep the Property at Buyer's address listed on this Contract. C. Buyer will not put the Property up for sale without written permission from Seller. Buyer will not transfer any rights in the Property without first getting Seller's written permission. D. Buyer will pay taxes, fees and expenses on the Property when due. E. Buyer will notify Seller of any loss or damage to the Property. Buyer will provide Seller reasonable access to the Property for the purpose of inspection. Seller may lawfully enter and inspect the Property. BREAKING THE TERMS OF THIS CONTRACT: Buyer agrees that the following are additional terms of this Contract. Buyer will have broken the terms of this Contract if one or more of the following occurs (except as prohibited by law): A. Buyer fails to make a payment due under this Contract. B. Buyer dies, C. Buyer is involved in any insolvency or bankruptcy proceedings. D. Buyer fails to keep the Property insured, if required. E. The Property is substantially damaged, destroyed or stolen. F, Buyer uses the Property in violation of any rule, regulation or government order. G. The Property is taken by any government authorities, H, A money judgment or tax lien is filed against Buyer. I. Any of Buyer's property is subject to legal proceedings used to pay for a court order for a money judgment. J. Buyer makes any written statement or provides any financial information to Seller that is untrue or inaccurate. K. Buyer permits any interest in the Property to become above or greater than Seller's interest in the Property. L. Any of Buyer's other creditors make the entire debt owed due immediately, M.A court order for a money judgment or a money judgment against Buyer becomes final. N. Buyer fails to keep any promise made in connection with this sale, if Buyer breaks any of the terms of this Contract, Buyer agrees to pay court costs Seller spends to collect amounts Buyer owes. In addition, Buyer agrees to pay reasonable attorneys' fees if Seller refers this Contract to an attorney for collection. If there is more than one Rlivpr sn~l ¢ ....... ~ '~'- '~ Seller may take any or all of the actions described above. Seller's decision not to take any of the actions does not mean that Seller has lost the right to take any of the actions in the future. In addition, Seller may require Buyer to pay Seller immediately, the remaining balance of the amount financed, finance charges and all other agreed charges if Buyer does any of the following: A. Buyer fails to pay one or more installment payments under this Contract. B. Buyer fails to pay taxes levied against the Property. C. Buyer fails to furnish proof of payment of taxes levied against the Property. D. Buyer uses the Property for illegal purposes. Seller will mail to Buyer's last known address any required notice of an intended sale or transfer of the Property. Buyer agrees that notice is reasonable if mailed to Buyer's last known address, as reflected in Seller's records. Buyer agrees that notice mailed ten days before the intended sale or transfer (or such other period of time required by law) is reasonable. Buyer agrees that Seller may take personal property left in or on the Property subject to Buyer's right to recover the personal property. INSURANCE: Buyer agrees to buy insurance on the Property against the risks and for the amounts Seller reasonably requires. In addition: A. Buyer will name Seller as loss payee on any such policy. 8. Seller may require added security on this Contract if Seller permits any insurance proceeds to be used to repair or replace the Property. C. Jf the insurance proceeds do not cover the amounts Buyer still owes Seller, Buyer will pay the difference. D. Buyer will keep the insurance until a(~ debts secured by this Contract are paid. If Buyer does not buy, maintain, and arrange to have Seller named as loss payee, as agreed above, Buyer understands and agrees: A. Seller may, but is not required to, purchase insurance to protect Seller's interest in the Property. B. The insurance Seller buys may be from an agent or company Buyer might not choose. C. The insurance will not cover Buyer's equity in the Property. D. The premium Seller pays may be substantially higher than the premium Buyer might be required to pay for the insurance Buyer has agreed to buy on this Contract. RESUMING CONTRACT: If Seller has taken back the Property, Seller may return this Contract to its former status and return the Property to Buyer. Seller will return this Contract if Buyer pays all past due installments, interest Buyer currently owes, plus any other charges or amounts lawfully due to Seller under this Contract. Buyer agrees to pay for the costs of a lawsuit if Seller takes the Property through legal action. At the time Seller takes the Property, Buyer must pay the expenses for taking, repairing, and storing the Property as allowed by law. Seller may only collect expenses from Buyer if more than 15 days passed from the day Buyer broke the terms of this Contract to the day Seller took the Property. EACH AND EVERY BUYER RESPONSIBLE; Each Buyer who signs this Contract agrees to pay this Contract acco(ding to its terms. This means the following: A. Buyer is responsible for paying amounts owed under this Contract even if another Buyer has signed this Contract. B. Seller may hold any Buyer responsible for paying th!s Contract, even if Seller chooses to give up Seller s right to hold any other Buyer responsible. C. Seller may give up Seller's interest in the Property and each Buyer is still responsible for paying this Contract. D. If Seller gives up any of Seller's rights, it will not affect Buyer's responsibility to pay this Contract. E. If Seller extends new credit or renews this Contract, it will not affect Buyer's responsibility to pay this Contract. WARRANTY: Warranty information is provided to Buyer separately, NOTICE OF PROPOSED INSURANCE: If so indicated on the front of this Contract, credit life insurance coverage and/or credit accident and health insurance coverage apply to this Contract. The insurance company named on the front of this Contract will write the insurance. RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT TOTAL SALE PRICE: Seller gave Buyer the opportunity to purchase the Vehicle and described services for the Cash Price or the Total Sale Price. The Total Sale Price is the total price of the Vehicle and any services if you buy them over a period of time. Buyer is purchasing the items over a period of time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that Buyer will make all payments as scheduled. Buyer may actually pay more or less depending on when Buyer makes payments. Seller charges and collects finance charges. These charges are not more than state or federal law allows. If Buyer pays a finance charge or tee that is more than state or federal law allows, Seller will apply the charge or fee first to reduce the principal and refund any excess to Buyer. Buyer understands and agrees that some payments to third parties as a part of this Contract may involve money retained by Seller or paid back to Seller as commissions or other remuneration. PREPAYMENT: Buyer may prepay this Contract in full or in part at any time. Any partial prepayment will not excuse any later scheduled payment until Buyer pays this Contract in full. Buyer may obtain from Seller or the insurance company named in Buyer's policy or certificate of insurance a refund of any prepaid, unearned insurance premiums. BUYER'S RESPONSIBILITIES TOWARDS PROPERTY: Buyer agrees to do the following: A. Buyer will defend Seller's security interest in the Property against anyone who claims to have an interest in the Property. Buyer will do whatever is necessary to keep Seller's claim to the Property ahead of the claim of anyone else. Seller's claim to the Property comes ahead of the claim of any of Buyer's other creditors. Buyer agrees to sign any additional documents and to provide Seller with any additional information Seller may require to protect Seller's security interest in the Property. B. Buyer will keep the Property in Buyer's possession and in good condition. Buyer will only use the Proper~y for its intended and lawful purposes. Unless otherwise agreed in writing, Buyer will keep the Property at Buyer's address listed on this Contract. C. Buyer will not put the Property up for sale without written permission from Seller. Buyer will not transfer any dghts in the Property without first getting Seller's written permission. 13. Buyer will pay taxes, fees and expenses on the Property when due. E. Buyer will notify Seller of any loss or damage to the Property. Buyer will provide Seller reasonable access to the Property for the purpose of inspection. Seller may lawfully enter and inspect the Property. BREAKING THE TERMS OF THIS CONTRACT: Buyer agrees that the following are additional terms of this Contract. Buyer will have broken the terms of this Contract if one or more of the following occurs (except as prohibited by law): A. Buyer fails to make a payment due under this Contract. B. Buyer dies. C. Buyer is involved in any insolvency or bankruptcy proceedings. D. Buyer fails to keep the Property insured, if required. E. The Property is substantially damaged, destroyed or stolen. F. Buyer uses the Property in violation of any rule, regulation or government order. G. The Property is takeb by any government authorities. H. A money judgment or tax lien is flied against Buyer. I. Any oi' Buyer's property is subject to legal proceedings used to pay for a court order for a money judgment. J. Buyer makes any written statement or provides any financial information to Seller that is untrue or inaccurate. K. Buyer permits any interest in the Property to become above or greater than Seller's interest in the Property. L. Any of Buyer's other creditors make the entire debt owed due immediately. M.A court order for a money judgment or a money judgment against Buyer becomes final. N. Buyer fails to keep any promise made in connection with this sale. If Buyer breaks any of the terms of this Contract, Buyer agrees to pay court costs Seller spends to collect amounts Buyer owes. In addition, Buyer agrees to pay reasonable attorneys' fees if Seller refers this Contract to an attorney for collection. If there is more than one. Buyer and any one of the Buyers breaks any agreement made in this Contract, Seller may Seller may take any or all of the actions described above, Seller's decision not to take any of the actions does not mean that Seller has lost the right to take any of the actions in the future. In addition, Seller may require Buyer to pay Seller immediately, the remaining balance of the amount financed, finance charges and all other agreed charges if Buyer does a~ny of the following: A. Buyer fails to pay one or more installment payments under this Contract. B. Buyer fai[s to pay taxes levied against the Property. C. Buyer fails to furnish proof of payment of taxes levied against the Property. D. Buyer uses the Property for illegal purposes. Seller wi[l mail to Buyer's last known address any required notice of an intended sale or transfer of the Property. Buyer agrees that notice is reasonable if mailed to Buyer's last known address, as reflected in Seller's records. Buyer agrees that notice mailed ten days before the intended sale or transfer (or such other period of time required by law) is reasonable. Buyer agrees that Seller may take personal property left in or on the Property subject to Buyer's right to recover the personal property. INSURANCE: Buyer agrees to buy insurance on the Property against the risks and for the amounts Seller reasonably requires, in addition: A, Buyer wil[ name Seller as loss payee on any such policy. B. Seller may require added security on this Contract if Seller permits any insurance proceeds to be used to repair or replace the Property. C. if the insurance proceeds do not cover the amounts Buyer still owes Seller, Buyer will pay the difference. D. Buyer will keep the insurance until all debts secured by this Contract are paid. If Buyer does not buy, maintain, and arrange to have Seller named as loss payee, as agreed above, Buyer understands and agrees: A. Seller may, but is not required to, purchase insurance to protect Seller's interest in the Property. B. The insurance Seller buys may be from an agent or company Buyer might not choose. C. The insurance will not cover Buyer's equity in the Property. D. The premium Seller pays may be substantially higher than the premium Buyer might be required to pay for the insurance Buyer has agreed to buy on this Contract. RESUMING CONTRACT: If Seller has taken back the Property, Seller may return this Contract to its former status and return the Property to Buyer. Seller will return this Contract if Buyer pays all past due installments, interest Buyer currently owes, plus any other charges or amounts lawfully due to Seller under this Contract. Buyer agrees to pay for the costs of a lawsuit if Seller takes the Property through legal action. At the time Seller takes the Property, Buyer must pay the expenses for taking, repairing, and storing the Property as allowed by law. Seller may only collect expenses from Buyer if more than 15 days passed from the day Buyer broke the terms of this Contract to the day Seller took the Property. EACH AND EVERY BUYER RESPONSIBLE: Each Buyer who signs this Contract agrees to pay this Contract according to its terms. This means the following: A. Buyer is responsible for paying amounts owed under this Contract even if another Buyer has signed this Contract. B. Seller may hold any Buyer responsible for paying this Contract, even if Seller chooses to give up Seller's right to hold any other Buyer responsible. C. Seller may give up Seller's interest in the Property and each Buyer is still responsible for paying this Contract. D. If Seller gives up any of Seller's rights, it will not affect Buyer's responsibility to pay this Contract. E. If Seller extends new credit or renews this Contract, it will not affect Buyer's responsibility to pay this Contract. WARRANTY: Warranty information is provided to Buyer separately. NOTICE OF PROPOSED INSURANCE: if so indicated on the front of this Contract, credit life insurance coverage and/or credit accident and health insurance coverage will apply fo this Contract. The insurance company named on the front of this Contract will write the insurance. The insurance covers only the person(s) signing the request for insurance. The charge for each type of credit insurance to be purchased is as indicated on the front of this O Seller ~ Buyer Customized Auto Address lu ~ ~ Address Credit Services, Inc, ' '~ ~ RETAIL INSTALLMENT COHTRACT AND SEC¥~'rY~p.~El~. Seller means the Seller above and anyone to Date whom the Seller transfers this Contract. PLAINTIFF'S EXHIBIT t Buyer means each Buyer above. SALE: Buyer agrees to purchase the motor vehicle (Vehicle) and services described be ow from Seller. Buyer agrees to purchase the Vehicle from Seller on the terms of this contract and security agreement (Contract). Buyer understands that Seller is selling Buyer the Vehicle in its present condition. Description of Year VIN Other: Motor Vehicle Make ' Lic. No./Year Purchased Model [ ~fi, []New []Used Description of Trade-In PROMISE TO PAY AND PAYMENT TERMS: Buyer promises to ~pay Seller the principal amount of $ Buyer agrees to pay finance charges on the unpaid balance at ~ % per year from today's date until maturity. Finance charges accumulate on a ' day basis. After maturity or after Buyer breaks any of the terms of this Contract or after a court judgment, Seller will earn interest on the unpaid balance at , % per year. Buyer agrees to make payments and to pay late charges as provided in the TRUTH IN LENDING DISCLOSURES. Buyer also agrees to pay any additional amounts according to this Contract's terms. [] MINIMUM FINANCE CHARGE: Buyer agrees to pay a minimum finance charge of $_ if Buyer pays this Contract in full before Seller has earned that much in finance charges. DOWN PAYMENT: Buyer agrees to pay or apply to the Cash Price, by the date of this Contract, any cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. E~] Buyer agrees to make payments over an extended period of time or at a future date as part of the cash down payment as shown in the payment schedule in the TRUTH IN LENDING DISCLOSURES. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE AMOUNT PERCENTAGE RATE CHARGE FINANCED The cost of BuyeFs credit The dollar amount The amount of credit as a yearly rate. the credit provided to Buyer or ,, q'. will co~t Buyer. on Buyer's behalf. %$ '1~ ;'. $ ~ Payment Schedule: Buyer's payment schedule is Number of Payments Amount of Payments TOTAL OF PAYMENTS TOTAL SALE PRICE The amount Buyer will The total cost of Buyer's have paid when Buyer purchase on credit, including has made all scheduled Buyer's down payment of payments. When Payments Are Due Security: Buyer is giving Seller a security intere.~t in the Motor Vehicle purchased. [~,L~te Clpclrgfi;jf ~ pay, m~r~t, s more than days late, Seller will charge Buyer Prepayment: If Buyer pays off this Contract early, Buyer [] may []Will not have to pay a Minimum Finance Charge. Contract Provisions: Buyer can see the terms of this Contract for any additional information about nonpayment, breaking the terms of this Contract, any required repayment before the scheduled date, and prepayment refunds and penalties. I BUYER RESTRICTIONS: If Buyer does not meet this Contract's obligations, Buyer may lose the property that Buyer bought in this sale. I SECURITY: Buyer gives Seller a security interest in the Vehicle. Buyer also gives Seller a security interest in all attachments, accessories, and equipment installed or placed in or on the Vehicle. Seller refers to the Vehicle and any items installed or placed in or on the Vehicle as Property. Buyer also gives Seller a security interest in the proceeds of the Property. Seller's interest will not extend to consumer goods unless Buyer acquires rights to thegoods within 10 days after Seller enters into this Contract or the goods are installed in or affixed to the Vehicle. Buyer assigns andgives a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. CREDIT INSURANCE: Credit life insurance and credit disebil~ insurance am not required to obtain credit. Buyer will not receive credit life insurance and credit disability insurance unless Buyer signs and agrees to pay the additional premium. If Buyer wants such insurance, Seller witl obtain it for Buyer (if Buyer qualifies for coverage). $e~ler is quoting below ONLY the coverages Buyer has chosen to purchase. See Notice of Proposed Insurance on page 2. Credit Life: Insured [] Single [] Joint Premium $ Term Credit Disability: Insured [] Single [] Joint Premium $ ~i Term__ Name of Insurance Company: Buyer wants the credit insurance coverages indicated above. ITEMIZATION OF AMOUNT FINANCED Motor Vehicle Price (incL sales tax of $ ' ) $ Service Contract, Paidto: !! :' ~ $ Amount to Finance line e. (if e. is negative) Manufacturer's Rebate Cash Down Payment Extended Down Payment a. Total Cash/Rebate Down Description of Trade-In b. Trade-In Allowance $ c. Less: Amount owing $ Paid to: d. Net Trade-In (b. minus c.) $ e. Net Cash/Trade-In (a. plus d.) $ Down Payment (e.; disclose $0 if negative) Un~aid Balance of Cash Price $ Cash Price $ $ $ $ $ DELIA M. UNDERWOOD and : THE COURT OF COMMON PLEAS OF THOMAS A. UNDERWOOD : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-668 CIVIL INTERSTATE FORD, INC. IN RE: ARBITRATION PANEL ORDER OFCOURT AND NOW, September 5, 2001, the Court having been informed that Thomas OIlason, Esquire, is unavailable for the arbitration hearing previously sbheduled by Edmund Myers, Esquire, chairman of the Arbitration Panel, his appointment is vacated and Lindsay Dare Baird, Esquire, is appointed in his stead. By the Court, Geor~/~lP.J. Edmund G. Myers, Esquire Johnson, Duffle, Stewart and Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 Court Administrator TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand a:! the s~l of said 6~uF~ at Carlisle, Pa. fhi~day of~ Prothonr.4arf A~lr O R NEY,~ AT [AW WAYNESBORO, PENNA 10 EAST MAIN STREET LAW OFFICES ULLMAN AND pAINTER 10 EAST MAIN STREET DELIA M. UNDERWOOD and THOMAS A. UNDERWOOD, Plaintiffs In the Court of Common Pleas of Cumberland County, Penna. : No. 01-668 INTERSTATE FORD, Defendant ;[NC., : Civil Term : Civil Action - Law AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA COUNTY OF FRANKLIN SS Personally appeared before me, a Notary Public, in and for said State and County, Thomas M. Painter, who, being duly sworn, according to law, deposes and says that he did serve Answer to Complaint in the above captioned cause, on the Plaintiffs, by mailing a true and attested copy of said Answer to Richard L. Webber, Jr., Esquire, attorney for the Plaintiffs, at his office addre~at 19 Brookwood Avenue, Suite 106, Carlisle, PA 17013- 9142, by U.S. regular mail, on March 21, 2001. Sworn to and subscribed to before me, this 21st day of ~_~Ma/~h, 2001. ULLMAN AND PAINTER Thomas M. Painter ~ Attorney for the Defendant Notariel Seal Nine Mowen, Notapj Public Weyneabom Boro, Franklin County My Commission Expires Feb. 24, 2002 Member, Pennsy~vanm Assocla~j~n ot Noferies COMMON PLEAS ~~OUNTY, PENNA. NOTICE OF APPEAl. DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Iqotice is ~ that the appellant has filed in the above Court of Common Pb~as an appeal from the judgment rendered by the District Justice cx~ the 196 W/kLN~ BOTTOM ROAD,SHIP~ENSBURG, PA 17257 i~2~/~1 THOmaS a. ~ O~OO 274--N(t ~ ~ ~ ~ ~LY ~ ~s ~ is mqui~ u~ P~ R.C~J~. ~ ~ ~ ~ j~ ~ ~ in ~is ca~ S/gnature of Prothonotary o,- Deputy ~u,~ ,sr. No. o, N~ O~ ~.~. 909-3-01 ~AROLD L. BENDER 5TATIE ZIP CODE DELIA M. U~DERWOOD ~'~) UNDERWOOD, ~ w i~ITERSTATE FORD I THOMAS ~4. PAINTER, ATTORNEY FOR APPELLANT If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before Distnbt Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE THis section of lam1 to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRA~CIpE, To P;othanotary Fz~wmleuf~, THOMAS A. UNDERWOOD, ~(X~ DELIA M. ~elle~(s),tof'deacompla{nt{nthisappeal %. Name of appellee~ s)~ (Conmx~ Pleas No.F'~I - ~:>[,--~ C, L.~, J ~-.':L/X'~ ) within twenty (20) days after servicg, of rule or suff~; e,ntry a; iudgment, of non pros. Signature of appellant or his attorney or agent RUI. E~ ~ T~OMAS A. UNDERWOOD, ~ ,appdlee{s). THOMAS M. PAIN?ER, ATTORNEY FOR Name of ~,3:~,t'~e(s) APPELLANT (1} You ate notified that a ru{e is hereby entered upon you to file a cornpJaint in this appeal within twenty {20) days after the date of ses~ce of ~ n~e upon you by personal service or by certified or registered mail. (2) If y~u do not file a complaint within this time, a JUDGN~NT OF NON PROS WILL BE I~NTERED AGAINST YOU. (3) The date of service of this rule if seevlce was by mail is the date of mailing. Datac _~"~' ~.~ / , ~ ~.r'~O / Aonc ~u-84 COURT FILE PROOF OF SERVICE OF NOTICE OF ~PP~Ai~ AND ~ULE TO ;:IL; COMPLAINT *,This proof of $~rvlc¢ MUST BE FILED WITHIN FIVE 1'5,) DA YS ~, ¢~E'R ril/n9 ~, , , ~,/,,~ ); !ppeat Ch~ck ~pplicaD"(; COMMONWEALTH OF PENNSYLVANIA COUNTY OF Frank] in ............... AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, C~>rr, mon ?~ea:~ No._~_l.~6 6 R .......... ~.~: .h.. }~s~' ~ ~: sdce cJes~gn~ed ;ria,~il, (date ofse~ice) 2Iff/ x~._20. O1 ':~: ,,, , ~, ~ : ~,~',.~,~)!~¢¢e~s~nde,', receipt offoched hereto, ond upon the dppel ee..~a~e) .... ~ S A * &.. ~ ] ~ ~ ~... f7~¢~ _.~, a~d further that J served the Rule ¢c, Fl(: Complaint accompanying the above Notice of Appeal upo~e tile appellee(s) whom the Rule was addressed on 2 / 6 / mail, sender's receipt attached hereto. SWORN ~ED') AND SUBSCRIBED BEFORE ME THiS/~ 7th DAYOF ~ February ,~ ~001 Notary Public X~.--2..O.0 [] b~ personal service [] by (ced'ifiecl) (r. eejietmee~.) Thomas M. Painter, Attorney for Interstate Ford My ~xl~ml~ion expirms en · t9 , Thomas A. & Delia M, Underwood. '~;.~"r/'---~.-/~-.:-~.-W--~..~-' ............................................................ ~'~ ~ap~.e Lane -~,'~'~r~;';~ ........................................................................ CArlisle. -~a.~~ Harold E. Bender, District Postages 3_4____ Harold E. BEnder~ District Justic, '~,'~'~'~'~'~'"'~"~'~"0'~'"~'"~1' ................. 81 Walnut Bottom Road ~x~ensbur~17257-0361 SENDER: · Complete items I also wish to receive the totlowing services (for an extra fee): ~. card o au. th mail isce oron heback space does not %[2] Addressee's Address ~, mAttacht~s~ormlothe T~tot e P , ' 2,~] ReatrictedDelivery ~ '~ · Write Return ~Rcee~tlPwtillRshq~)w to whom the ~,~[c[e was dehv~md and the date Consult postmaster for fee. ~. · ,~ ·TheRetumRe P '~ . delivered. I w4.~' A.iCle Number 42'7~ nc~q 3220 0006 6910 ~[ ~' SENBER: '~ Ic~°mplefe!terns and're Zforecldi onalservices, '~ p(~mplete ~tems 3, 4a, ~nd 4b ° ~~ed to: ' ~Thomas A. · Underwood ~Del~a M. Underwood oE370 Maple Lane ~Carl~sle, PA 17013 I also wish to receive the foi(ow[ng services (for an extra fee); 1. [] Addressee's Address 2. ~ ResthCted Delivery _ ~ Coesu~t post··steer for fee, ~le Number - 0006 6910 14~S~e - - ~ Registere' ~ d ~ Express M~ ~ Return Re~p~ ~or Merchandise r 5~c~e~_B-y: (PnntName~ __ ' - ~ ~ C~.~ 8~'sAd~ress(Only~requ~sted · I~e: (A~resse~r~ge~. ~ . ,~ a ~' -- and ~e is paid) , X~~ ~~ PS FO~ 38~ 1, December 1994 _ ~_ ~0=sg~-9~,s,o~29 Domestic Return Receipt DELIA M. U~DERWOOD AND THOMAS A. UND~WOOD, Plaintiffs INi'~STATE FORD, INC., Defendants RULE 1312-1, IN THE COURT OF COMMON PLEAS OF Cb~MBERLAND COUNTY, PENNSYLVANIA NO. 01-668 CIVIL 19 The Petition for Appointment of Arbitrators shall be substantially in the following farm: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Rioh~r~ L. Wehh~r, Jr- , counsel for the plaintiff/~ in the above action ~x3~), respectfully represents that: 1. The above-captioned action ~ is (~3 at issue. 2. The claim of the plaintiff in =he action is $ 2,298.06 ~]e counterclaim of the defendant in the action is The following attorneys are interested in the ease(s) as counsel or are other- wise disqualified to sit as arbitrators: Thc~as M. Painter, Attorney for Defendant, and Members of the undersigned's law firm, including Michael J. Hanft, Gregory H. Knight, William A. Addams and Michael R. Rundle WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT foregoing tz above-captioned action (or actions) Respectfully submitted, , fr~-'~''', in consideration of the ,Esq., are appointed arbitrators in the as prayed for. By the C, Po LAW OFFICES 4AN AND PAINTER DELIA M. THOMAS A. UNDERWOOD and UNDERWOOD, Plaintiffs INTERSTATE FORD, INC., Defendant ANSWER In the Court of Common Pleas of Cumberland County, Penna. No. 01-668 Civil Term Civil Action - Law NOW comes the Defendant, Interstate Ford, Inc., by its attorney, Thomas M. Painter, Esquire, and respectfully answers the Plaintiffs' Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. On the contrary, the salesperson, Richard Wilson, explained to the Plaintiffs that he had no knowledge with respect to any warranty pertaining to the Kia vehicle. It was suggested that if the Plaintiffs were concerned about the warranty provisions, that Ford had an extended warranty contract which would cover the vehicle to a fuller extent than the manufacturer's bumper to bumper warranty. 5. Admitted. 6. Admitted. 7. Admitted. 8. The Defendant is without sufficient information or belief as to the allegations of paragraph 8, they are therefore denied and proof thereof is demanded at trial. 9. Denied. On the contrary, the Defendant was not notified by the Plaintiffs concerning the manufacturer's bumper to bumper warranty or the requested refund of the Ford service contract. 10. The Defendant is without sufficient information or belief as to the allegations of paragraph 10, they are therefore denied and proof thereof is demanded at trial. 11. What the Plaintiffs believed or didn't believe is without the scope of the Defendant, therefore the allegations are denied and proof thereof is demanded at trial. 12. Admitted. COUNT I Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. 13. The answers to paragraphs 1 incorporated by reference. 201-4(vii) and (xxi) through 12 are hereby 14. Denied. On the contrary, the salesperson for the Defendant explained to the Plaintiffs that the vehicle they were interested in purchasing, based on his information and belief, was of standard quality and grade. 15. Denied. On the contrary, the Defendant and its agent did not participate or engage in any fraudulent or deceptive conduct which would have had the likelihood of confusion or misunderstanding by the Plaintiffs. WHEREFORE, the Defendant respectfully requests judgment in its favor and against the Plaintiffs. LAW OFFICES JLLMAN AN0 PAINTER 0 EAST MAIN 8T[tEET COUNT II Fraud 16. The answers to paragraphs 1 through 15 are hereby incorporated by reference. 17. Denied. On the contrary, the Defendant did not misrepresent or falsely represent to the Plaintiffs anything pertianing to the manufacturer's warranty on the subject vehicle for the reason that he had no knowledge of the same. 18. Denied. On the contrary, the Defendant is not a Kia authorized dealer and was unfamiliar with any manufacturer's warranty. 19. Denied. On the contrary, the Defendant's statement to the Plaintiffs was an honest and candid statement that he was unaware of any bumper to bumper warranty but the extended service contract offered and accepted by the Plaintiffs would provide them with more benefits even though the Kia vehicle may have a manufacturer's warranty. 20. The Defendant is without sufficient information or belief as to what the Plaintiffs reasonably relied on at the time of purchasing the extended service contract. WHEREFORE, the Defendant respectfully requests judgment in its favor and against the Plaintiffs. ULLMAN A~D-PAINTER Attorney I.D. #: 07323 10 East Main Street Waynesboro, PA 17268 (717) 762-1167 ATTORNEY FOR THE DEFENDANT 10 EAST MAIN STREET I, Ordean M. Hebb, President, of Interstate Ford, Inc., being authorized, verify that the statements made in this instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Marc~/~'>, 2001 Ordean M. President Hebb INTERSTATE FORD, INC., DEFENDANT iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELIA M. UNDERWOOD ANT) THOMAS A. UNDERWOOD Plaintiffs NO. 01-668 CIVIL TERM INTERSTATE FORD, 1NC. Defendant CIVIL ACTION - LAW NOTIC~ 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. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Oated: )- l o Richard L. Webber, Jr,, Esquire Attorney I.D. No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELIA M. UNDERWOOD AND THOMAS A. UNDERWOOD Plaintiffs INTERSTATE FORD, 1NC. Defendant NO. 01-668 CIVIL TERM CIVIL ACTION - LAW COMPLAINT NOW come the plaintiffs, Thomas A. Underwood and Delia M. Underwood, by their attorney, Richard L. Webber, Jr., Esquire, file this Complaint, averring the following: 1. Plaintiffs are Thomas A. Underwood and Delia M. Underwood, adult individuals residing at 370 Maple Lane, Carlisle, Cumberland County, PA 17013. 2. Defendant is Interstate Ford, Inc., an incorporation duly formed under the laws of the Commonwealth of Pennsylvania, with business address of 196 Walnut Bottom Road, Shippensburg, Cumberland County, PA 17257. 3. On or about November 16, 1999, Plaintiffs purchased a 1998 Kia Sephia motor vehicle from Defendant. 4. At the time of the purchase of the vehicle, Richard Wilson, a salesperson for Defendant, stated that the vehicle did not have a "bumper to bumper" warranty. 5. Plaintiffs therefore purchased and financed a Ford Extended Service Contract for the sum of $375.00. 6. The Extended Service Contract was financed for sixty (60) months at an interest rate of 15.95% per annum. 7. The total cost of the Extended Service Contract, including finance charges, was therefore $674.06, representing the purchase price of $375.00 plus $299.06 interest. 8. On or about August 16, 2000, Plaintiff discovered, through another automotive dealer, that the vehicle was covered by a "bumper to bumper" warranty and that it had been covered by the "bumper to bumper" warranty at the time of Plaintiff's purchase of the vehicle. 9. Defendant, upon being notified by Plaintiff's that the vehicle was covered by a "bumper-to-bumper" warranty, refused to refund the price of the Ford Extended Service Contract, $375.00, or any other sum to Plaintiffs. 10, On or about August 17, 2000, Plaintiffs incurred costs of $208.08 for repairs. 11. Plaintiff believes that the expenditure referenced in Paragraph 10 above was covered by the "bumper-to-bumper" warranty for a limited time. 12. On December 12, 2000, Plaintiffincurred a filing fee of $67.00 at the office of Harold Bender, District Justice. full. COUNT 1 Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. 201-4(vii~ and (xxi) 13. Paragraphs 1 through 12 above are incorporated by reference herein as set forth in 14. Defendant misrepresented that the vehicle was of a particular standard, quality or grade. 15. Defendant engaged in fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding. WHEREFORE, Plaintiff respectfully requests judgment in its favor for $2,298.06, representing three (3) times the actual warranty price including finance charges, out-of-pocket costs, filing fees, plus costs and attorney fees and other appropriate relief. as full. 16. COUNT II Fraud Paragraphs 1 through 15 above are incorporated byreference herein as set forth herein 17. Defendant falsely represented to Plaintiffs that the vehicle was not covered by a bumper-to-bumper warranty. 18. Defendant knew or should have known that the vehicle was covered by a "bumper-to- bumper" warranty. 19. Defendant's statement concerning the lack of a "bumper-to-bumper" warranty was made with the intent to deceive or defraud the Plaintiffs. 20. Plaintiff's reasonably relied on Mr. Wilson's statement relating to the "bumper-to- bumper" warranty in purchasing the Extended Service Contract. WHEREFORE, Plaintiffs respectfully request judgment in their favor for $949.14, representing warranty costs and finance charges, and out-of-pocket expenses and filing fees, plus attorney fees, ptmitive damages, and other appropriate relief. LAW OFFICE OF MICHAEL J. HANFT Richard L. Webber, Jr.,Esquire Attorney I.D. No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiffs VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Delia M. Underwood O0 7~ ~0 ~0 ZZ ~o > DELLA M. UNDERWOOD and : THE COURT OF COMMON PLEAS OF THOMAS A. UNDERWOOD : CUMBERLAND COUNTY, PENNSYLVANIA INTERSTATE FORD, INC. IN RE: ARBITRATION PANEL NO. 01-668 CIVIL ORDER OF COURT AND NOW, September 5, 2001, the Court having been informed that Thomas Ollason, Esquire, is unavailable for the arbitration hearing previously scheduled by Edmund Myers, Esquire, chairman of the Arbitration Panel, his appointment is vacated and Lindsay Dare Baird, Esquire, is appointed in his stead. By the Court, Geor~P.J. Edmund G. Myers, Esquire Johnson, Duffie, Stewart and Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 Court Administrator John DeLorenzo, Esquire Attorney I.D. No. 72190 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Smut P.O. Box 1268 Harrisburg, PA 171011-1268 Telephone: (717) 234-4161 DELIA M. UNDERWOOD and THOMAS A. UNDERWOOD, Plaintiffs, V. INTERSTATE FORD, INC. Defendant. COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO.: 01-668 Civil NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that the Defendant, Interstate Ford, Inc., appeals from the award of the board of arbitrators entered in this case on October 19, 2001. A jury trial is hereby demanded. I certify that the compensation of the arbitrators has been paid. Jot~n [JeLorenzo ~:~ Atto"fney for Appellant 71343.1 OATH In The Court of Co.on Pleas of Cumberland County, Pennsylvania tie do sol~--~ly swear (or affirm) that we will support, obey and defend the Constlcution of =he Uniced States and the COnstitu~on of =his Common- wealth and that we will discharEe the duties of our office with fidelity. We, the undersigned arbi~ra=ors, havin~ been duly appointed and sworn (or affirmed), make ~he followin~ award: (Note: If damages for dela~ are awar4ed, ~hey shall be separately stated.) applicable.) · Arbitrator, dissents. (Insert name if _ NOTIC~ 0F ~Y OF Now, thelq~ day of ~ , ~gJ~u/, at II.'/f, _~..~., the above award was entered upon ~he docke~ and notice ~hereof ~iven b~ mall to ~he parties or uheir attorneys. By: ArSttrators' com~.ensation co be paid upon appeal: $ ~