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Home My WebLink About10-4752t F" f (l ^..q._ rLC 1 9 C 3t46 IJ Il {t <Llfi J ? a; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT MCCOY, Plaintiff, Defendant. CIVIL DIVISION NO.: 10-`75A G? ii -rerix COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiff: Robert McCoy 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 O ga.oo Q a Arr`f ?aa-sr 8 e? a4sY?/ Vs. FORD MOTOR COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ROBERT MCCOY, Plaintiff, VS. FORD MOTOR COMPANY, Defendant. NOTICE TO DEFEND No.: 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 ROBERT MCCOY, Plaintiff, VS. FORD MOTOR COMPANY, Defendant. No.: COMPLAINT 1. Plaintiff, Robert McCoy, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, 141 Horseshoe Road, Carlise, PA 17015. 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 May 15, 2010, Plaintiff purchased a new 2010 Ford F-150, manufactured and warranted by Defendant, bearing the Vehicle Identification Number 1FTFXIEVXAFB55847. 4. The vehicle was purchased in the Commonwealth of Pennsylvania and is registered in the Commonwealth of Pennsylvania. 2 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 $30,000.00. Plaintiff is not in possession of Purchase Agreement, however, same may be obtained from Defendant's authorized dealership. 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: Frame of the Truck, Drive Shaft, Rear Axle and Tire Sticks Out Further Then Other Tires . True and correct copies of all invoices in Plaintiff possession are attached hereto, made a part hereof, and marked Exhibit "A". 3 COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW 11. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 12. Plaintiff is a "Purchaser" as defined by 73 P.S. § 1952. 13. Defendant is a "Manufacturer" as defined by 73 P.S. §1952. 14. McGuire's Ford is and/or was at the time of sale a Motor Vehicle Dealer in the business of buying, selling, and/or exchanging vehicles as defined by 73 P.S. §1952. 15. On or about May 15, 2010, Plaintiff took possession of the above mentioned vehicle and experienced nonconformities as defined by 73 P.S § 1951 et SeMc ., which substantially impair the use, value and/or safety of the vehicle. 16. The nonconformities described violate the express written warranties issued to Plaintiff by Defendant. 17. Section 1955 of the Pennsylvania Automobile Lemon Law provides: 18. If a manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle... or accept return of the vehicle from the purchaser, and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchasers use of the vehicle, not exceeding $.10 per mile driven or 10% of the purchase price of the vehicle, whichever is less. 19. 20. Section 1956 of the Pennsylvania Automobile Lemon Law provides a presumption of a reasonable number of repair attempts if: 4 21. (1) The same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or 22. 23. (2) The vehicle is out-of-service by reason of any nonconformity for a cumulative total of thirty or more calendar days. 24. 25. Plaintiff has satisfied the above definition as the vehicle has been subject to repair more than three (3) times for the same nonconformity, and the nonconformity remained uncorrected. 26. In addition, the above vehicle has or will be out-of-service by reason of the nonconformities complained of for a cumulative total of thirty (30) or more calendar days. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the Defendant on numerous occasions as outlined below. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide or maintain itemized statements as required by 73 P.S. § 1957. Plaintiff avers that such itemized statements, which were not provided as required by 73 P.S. § 1957 also include technicians' notes of diagnostic procedures and repairs, and Defendant's Technical Service Bulletins relating to this vehicle. 27. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide the notification required by 73 P.S. § 1957. Plaintiff has and will continue to suffer damages due to Defendant's failure to comply with the provisions of 73 P.S. §§ 1954 (repair obligations), 1955 (manufacturer's duty for refund or replacement), and 1957 (itemized statements required). 5 Pursuant to 73 P.S. § 1958, Plaintiff seeks relief for losses due to the vehicle's nonconformities, including the award of reasonable attorneys' fees and all court costs. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, attorneys' fees, and court costs. COUNT II MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT 28. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 29. Plaintiff has or may have resorted to Defendant's informal dispute settlement procedure, to the extent said procedure complies with 16 CFR 703. 30. Plaintiff avers that the Federal Trade Commission (FTC) has determined that no automobile manufacturer complies with 16 CFR 703. See, Fed. Reg. 15636, Vol. 62, No. 63 (Apr. 2, 1997). 31. Plaintiff is a "Consumer" as defined by 15 U.S.C. §2301(3). 32. Defendant is a "supplier", "warrantor", and a "service contractor" as defined by 15 U.S.C. § 2301 (4),(5) and (8). 33. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 34. By the terms of its written warranties, affirmations, promises, or service contracts, Defendant agreed to perform effective repairs at no charge for parts and/or labor. 35. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound by all warranties implied by state law. Said warranties are imposed on all transactions in the state in which the vehicle was delivered. 6 36. Defendant has made attempts on several occasions to comply with the terms of its express warranties; however, such repair attempts have been ineffective. 37. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) provides: If a consumer finally prevails on an action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the amount of aggregate amount of costs and expenses (including attorney fees based upon actual time expended), determined by the court to have been reasonably incurred by the Plaintiff for, or in connection with the commencement and prosecution of such action, unless the court, in its discretion shall determine that such an award of attorney's fees would be inappropriate. 38. Plaintiff has afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 39. As a direct and proximate result of Defendant's failure to comply with the express written warranties, Plaintiff has suffered damages and, in accordance with 15 U.S.C. §2310(d)(1), Plaintiff is entitled to bring suit for such damages and other legal and equitable relief. 40. Defendant's failure is a breach of Defendant's contractual and statutory obligations constituting a violation of the Magnuson-Moss Warranty Improvement Act, including but not limited to: breach of express warranties; breach of implied warranty of merchantability; breach of implied warranty of fitness for a particular purpose; breach of contract; and constitutes an Unfair Trade Practice. 41. Plaintiff avers that Defendant's warranty was not provided to Plaintiff until after the vehicle was delivered, making any and all limitations, disclaimers and/or alternative dispute provisions ineffective for a failure of consideration. 7 42. Plaintiff avers Defendant's Dispute Resolution Program was not in compliance with 16 CFR 703 for the model year of the subject vehicle. 43. Plaintiff avers that Defendant's warranty did not require Plaintiff to first resort to a Dispute Resolution Program before filing suit. 44. Plaintiff avers that upon successfully prevailing upon the Magnuson-Moss claim herein, all attorney fees are recoverable and are demanded against Defendant. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, incidental and consequential damages, reasonable attorneys' fees, and all court costs. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 45. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 46. Plaintiff is a "Person" as defined by 73 P.S. §201-2(2). 47. Defendant is a "Person" as defined by 73 P.S. §201-2(2). 48. Section 201-9.2(a) of the Act authorizes a private cause of action for any person "who purchases or leases goods or services primarily for personal, family or household purposes." 49. Section 1961 of the Pennsylvania Automobile Lemon Law, provides that a violation of its provisions shall automatically constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P. S. 201-1 et seg. 8 50. In addition, the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. §201-2(4), defines "unfair or deceptive acts or practices" to include the following conduct: (vii). Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (xiv). Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to, or after a contract for the purchase of goods or services is made; (xv). Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed; (xvi). Making repairs, improvements or replacements on tangible, real or personal property of a nature or quality inferior to or below the standard of that agreed to in writing; (xvii). Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 51. Plaintiff avers Defendant has violated these, as well as other provisions, of 73 P.S. §201-2 et seq. 52. Section 201-3.1 of the Act provides that the Automotive Industry Trade Practice rules and regulations adopted by the Attorney General for the enforcement of this Act shall constitute additional violations of the Act. 53. Defendant's conduct surrounding the sale and servicing of the subject vehicle falls within the aforementioned definitions of "unfair or deceptive acts or practices." 54. The Act also authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations. 9 WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount not in excess of , together with all collateral charges, attorneys' fees, all court costs and treble damages. By: KIMMEL & SILVERMAN, P.C. Robert A. Rapkin, Es ire Attorney for Plainti 210 Grant Street, ite 202 Pittsburgh PA 15219 (412) 566-1001 10 I 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. ROBERT A. RAPKII Attorney for Plaintiff 12 CUSTOMER #: 2497992 RO$F;RT MCCOY 141 HORSESHOE. RI1 CARLISLE-, PA 17015 HCME:717-245-7992 CONT:'717-249-7992 270833 6. trick Lane *TIMQICE* MAGUIRE'S FORD OF H,ERSHEY 100 It. Thlattedown Drive PAGE 1 Palmyra, Pik 17678 (717} 838-77W Quick Lane Direct '??s '? -zYY;4?Y- t,c 'ss}:,.ew.w. {a?-S ]}?p}g, 7.. }}??22.q?.?q f y?$f5[q? a? (??rxr $ a.??ggF t>?, J?,. .tt_1 ?,: L _t 'Fn R:i.'R'q ? R3Y3 - ? ., R?AirM.., r. ....:?iM J:M.:•iM'C:tto}x: .?..?.:'Ffk?"f•. MO. 'Sy s'.{## ": N }•13.`? n:?,?•..?r`:3Si ::,:< ... :.<s...,..... ., x1ax ls F 3 r ;... .} ' s i 3""Sa<: ;., ><:, 3# {# ;,• ' . 'rs.. 'lJrn aIFY. , ' } BRIM •....4.ffi..J);. ?? ??5?. ? f<, ,. € i. I::?;?, f.., ..... :! .r, ,:.4`Ekk+,i,..<«r. e'- •>' ::&:!: C ..'" ,.,y? . J. ?: - 'iS•D"y" 'f r .. ..,::.::?:::...c.,,,,.$:.!::'i.::t.°Eii:>.+u r. -, :,a , ............ :.a.?:;...:.. 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SERVICES DESCRIBED WERE PERFORMED AT NO CHARGE TO The factory warranty oormlitut" alt of 'h warrJnUa with respect ro I. sale of we ?em Ut TM LABOR AMOUNT 351.95 OWNER, THERE WAS NO INDICATION FROM THE APPEARANCE OF THE VEHICLE OR OTHERWISE THAT ANY PAR . eme. Seger hereby e? e6dydlsekit»saE d PARTS AMOUNT 0.00 , T REPAIRED OR REPLACED UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY werma as ehher expree3 of Implied, Induz eery imp2w GAS, OIL, LUKE •`" d•OO ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE O 'f merchan-sLy or Tsuteae for n particular purpose, SUBLETAMOUNT d.dd F PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MANUFACTURER'S Serer neither assumes nor authorizes any other ppnon to NASC• CHARGES 0:00 REPRESENTATIVE. assume for it any Ilahelty in em2no0on Vdth the sale of tr" TOTAL CHARGES 351 95 ttemmarns. LESS 0 100 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON IDATQ CUSTOMER SIG A RE SALES TAX 0 - • PLEASE PAY •,t; s :s ?. s THIS AMOUNT 7•r• : •: , t. r Gi SERVICE FILE COPY PLAINTI S EXH r}r.:kM::Y--^•.5c+:ayJmx',:E{>•r.? •:r or' . r .Z . r ):2' ..yw, t r. :+r.;?.,?...:. ,?(? ? *' S:}" 2:'"?.>•'+.?r?i??.-",'. '? '?i?(g-,FrZp?,?:,`{sJ° ?ti ? ,?.?j?{?<'sa:? •':;i'^? ....,.......r:?tY;'ati,::ar'dat'f??.:AS:Y!dK-?CdAS??:"s?Se??%,?JY'W?'.aR?>• ..?..^T:}C-r::::3^.'+:n"?'?>?'-3A2?2.7,s.$sf"t.Y?#?ti:A'??,??'?`?k•?':'Y.??tiafr{?!i•:3:R}h?R:?,'t =08 2 WHEEL THRUST ANGLE ALIGNMENT t iyi).'• ;iKy:s%v„?::. L't%G:A2^A?f ' xprr ?, .y . .- y ............:t••;:.;:: • • t..;t;:.,r:: ::rn.;e}::av. .,'.:'>.;:?:i i:.:';:{;b>f53:. •:? }? ?Zbli'3?: .::: , ?. .,.. ?" ,:.. .....4y:..-..... .?'?. :.. .r_. n : '??a?ysaxam--?£R.e?..': .'?...i??::..'??x .•s..a?•,r.,?'?.s?.?. ii?r:!`s,??,,:!?:;:r/.•t?.>,???'.?..?.'+??E=:?i",• PARTS• .Od LA90R: 351 5 OTHER: 0.00 TOTALy ..r ,.......,,.....: ...s.{ss:. i9R : :.,, :u• :.s?`rs.?x ..' e s : ra.w: csa :. LINE A: 351.95 §?'?:y:•r:2y?,x: 0 ai 0 A u. w ti m 0 F- 0 a ui x r z w w W 3 m L7 a w - N 5r v) c• r co C', Lo 0 R h P: IK ? N??M 0 0 ?i QO µ7 Uri Hpxoa Uo Gu(+r-?a 31 4 }d e? x t>1 C a G w ?S s= g$? Hg °r e 3 6 Y? K ? a C T" g?S Ir r M? ` ?t I + ?r r JE v I d 3 ? ? Nr I 10 ? F ? of U' N r -j O ! x? CD w (?f? i 1r N r r dI f I ? I LL N •0 0 j ?tr r ? ( IJ r N 01 G M m w ?i t? : x xa o. Or I c i co o Lo rQ ~ C. oQ I op ?? I >C M OoWaoW U r-? H O ]G OD Uo£uh No' ?i N ri tV ?. Lo H H -1 H Q? *i O U 0) 3 H . UpC3N0 0 +r 0 w ai LL v t?0 q P, tD Y L V 5 o zi i? 2n is s? a= ed °L g?a tlo s?^ x 9 -, o ee? &nte 611/10 4:37 PM Ford Truck, SUV & Rear Wheel Drive Van : F100/F150 : 4X4: 2000-10 : except SW Raptor Front : Left Actual Before Specified Range 1.01 0.6° 2.8!'4.8" 0.00° 0.20° Cross Comber Cross Caster Cross SAI Total Too Cross Turn Diff. Camber Caster Toe SAL Included Angle Turning. Angie DUE Front Front : Right Actual Before S ecMed Range 0 to 11.2° 0.4° ? 3.20 5.20 0.01* _ 0XV 0.20° -,4ctuai --Before S eclfied Ran e -0.6° -0.6°1.0° -1.2° 0.4° 0.03° 0.00* 0.400 Rear : Left F Actual .Before ifted Range- -1 -02 Camber 1 00.020 _.._? Tae Rear Cross Camber Total Toe Thrust Angle Rear : Right Actual Before S ecified Ran e Actual Before S ecifled Ronne -0.3° r -0.120 0.08° -0.509 0.50° The steering wheel is currently level. MAGUIRE'S 193718 CUSTOMER #: 249799 2 FORD ? WORKORDER ROBERT L MCCOY SOUTH MAIN STREET 141 HORSESHOE RD PAGE 1 ,P.O. Box 39 CARLISLE, PA 17015 DUNCANNON, PA 17020 737-2772 & 834-3111 OME:717-249-7992 H CONT:717-249- 9 SERVICE ADVISOR: 2443 STEVE SMILEY BUS: CELL.-. : PICKU 1FTFXIEVXAFB55847 P 10 FORD F150 U6 RED CM , ..:... ,i i 4 : ? ? - ??• • : S.:L!NJFn.:.:.:.. ,;.. <.:-f :'.':':::1V'A!l:S:C: : ?L ... .. :.. u CASH ** 15MAY10 D WAITER ::...... OPTIONS: ** STK:DO138 DLR• 16E532 ENG:5.4 Liter B PI ...........:. PRELIMINARY ESTIMATE 8 AUTHORIZED BY X DATE TIME BY REVISED ESTIMATE (1) TERMS: STRICTLY CASH UNLESS ARRANGEMENTS MADE REVISED : ^I hereby authorize the repair work hereinafter set forth to.be done along with the necessary ESTIMATE (2) material and agree that you are not responsible for Im or damage to vehicle or articles left in vehicle In ease of fire, theft or any other cause beyond your control or for any delays caused by REVISED unavailability of parts or delays in parts shipments by the -polar or transporter. I hereby gram ESTIMATE 13} you snw/or your employees permission to operate the vehicle herein described on streets :1HERE BY ACK L GE THAT I NOTIFI & GAVE ORAL APPROVE highways or elsewhere for the purpose of testing and/or inspection. M express mechanic's lien is IM hereby acknowledged on above vehicle to secure the emount of repairs thereto ' HE A SI GNED atorsesssaun?ee TECHNICIAN COPY «.. cs .... :: ...::..::.:..::.:.... r.....::,..::,y..:: :.: ..:.:... 1FTFXIEVXAFB55847 Page 3 of 4 PACKAGES SOME 2009-2010 F-150 VEHICLES ARE AVAILABLE WITH EITHER TRAILER TOW OR M TRAILER TOW PACKAGES. UNDERSTANDING HOW TO IDENTIFY THE DIFFERENCE IN THESE OPTION PACKAGES MAY BE REQUIRED WHEN ORDERING SOME SERVICE PARTS FOR THE VEHICLE. VEHICLES EQUIPPED WITH MAX TRAILER TOW PACKAGE ARE FACTORY EQUIPPED WITH MANUAL TELESCOPING TRAILER TOW MIRRORS. THESE MIRRORS MAX TRAILER TOWLE AS A STAND-ALONE REGULAR PRODUCTION OPTION. IN ADDITION, SAFETY CHAIN BRACKET IS WELDED TO THE RECEIVER IN THREE LOCATIONS - BOTH SIDES AND BOTTOM. THE STANDARD TRAILER TOW SAFETY CHAIN BRACKET IS WELDED IN TWO RECEIVER. APPROPRIATE ORDERING LOCATIONS ALONG THE SIDES OF THE GUIDES FOR ADDITIONAL INFORMATION ON THESE OPTION PACKAGES EFFECTIVE DATE: 0711112009 20838 2009-2010 F-150 - INSTRUMENT CLUSTER 1 DISPLAY BACKLIGHTING OPERATION - VEHICLES WITH AUTOLAMPS ONLY 2009-2010 F-150 EQUIPPED WITH AUTOLAMPS ONLY. INTERIOR BACKLIGHTING WILL BEHAVE DIFFERENTLY THAN VEHICLES WITH CONVENTIONAL HEADLAMP CONTROLS. WHEN PARKLAMPS OR HEADLAMPS ARE MANUALLY TURNED ON IN DAYTIME AND/OR DAWN/DUSK CONDITIONS, INSTRUMENT CLUSTER BACKLIGHTING WILL NOT ILLUMINATE AND THE INFO DISPLAYS IN THE INSTRUMENT CLUSTER. AND CENTERSTACK WILL REMAIN BRIGHT TO PREVENT SUNLOAD WASHOUT. ALL INFO DISPLAYS AND BACKLIGHTING WILL NOT DIM IF THE DIMMER SWITCH IS ADJUSTED. IN ADDITION, SOME CUSTOMERS MAY BE CONCERNED THAT INSTRUMENT CLUSTER ILLUMINATION AND INFO DISPLAYS FLICKER DURING DAYLIGHT CONDITIONS WITH PARK LAMPS/HEADLAMPS MANUALLY ON, AS THE VEHICLE ENTERS AND EXITS LOWER AMBIENT LIGHT REPAIRS AGAINST THIS S NORMAN CONDITIONGESANb SHADED AREAS. DO NOT ATTEMPT EFFECTIVE DATE: 0611812009 THERE ARE NO TSBS FOR SYMPTOM ENTERED 201100 - ELECTRICAL INTERIOR LIGHTING SPECIAL SERVICE MESSAGES 21371 2009-2010 MULTIPLE VEHICLE LINES BUILT BEFORE 512812010 - CAN NOT SHIFT OUT CONTROL OF PARK AND SOME OR ALL SJB FUNCTIONS INOPERATIVE MESSAGE EXT DISPLAYED UNDER APR OR CODE EFFECTIVE DATE: 0610812010 20838 2009-2010 F-150 -INSTRUMENT CLUSTER/ DISPLAY BACKLIGHTING OPERATION - VEHICLES W1TH AUTOLAMPS ONLY MESSAGE TEXT DISPLAYED UNDER A PRIOR CODE EFFECTIVE DATE: 0611812009 THERE ARE NO TSBS FOR SYMPTOM ENTERED 201000 - ELECTRICAL LIGHTING SYSTEMS SPECIAL SERVICE MESSAGES 21371 2009-2010 MULTIPLE VEHICLE LINES BUILT BEFORE 5/2812010 -CANNOT SHIFT OUT OF PARK AND SOME OR ALL SJB CONTROL FUNCTIONS INOPERATIVE MESSAGE TEXT DISPLAYED UNDER A PRIOR CODE EFFECTIVE DATE: 0610812010 http://www.vrep. fordtechservice.dealerconnection.com/vdirs/oasis/oareq. asp?backto=www... 6/17/2010 3 Aar` !g SERVICE ADVIS R 491 g.? CX rte. A r R. 0. 6USTOMER 497 R.O.# LIC.# V KEY TAG 1 ' Bob McCoy 141 Horseshoe Road Carlisle PA 17015 06/24/10 10 FORD F150' IFTFXlEVXAFB55847 27563 1640 •::r., ,. Jo- i:.a:'yv• rx : ..x•.. :Jr'a .y .,.?..•.. 06/24/10 52 00:00 YZD8634 74.00 00 06/24/10 Mpj? -oZ' M 223977 717-249-7992 RED 2 T317B ?:lI.S1;EltilBl° ? ? ===sue esssasz+txnt?rt?earm??_r as 1zEPIkTC LTI7E Oq1 ma=-==k?stzusxs?'rr?-- --_ CcrsTbrllrR S RE BE 18 C3FF CENTER TO THE. RIG14T IEASLTRED FROM FRAAIB TO QLi TS D pF TA RE 17 MFA$.URES HE Ste: A$ NEW 4X4 TR'=JC LOT. 88D.:, L A'Y ]5?E 017'V ' A DT T t1 .. 8 T . HU:; CHA&GE Bili Code:- C t7DB Repai>_ Typez G t1I7B :S?L? 13Q?3t : ;5 . y ON BEHALF' OF SERVICING DEALER, I HEREBY CERTIFY THAT THE STATEMKNT OF DISCLAIMER INFORMATION CONTAINED HERON IS ACCURATE UNLESS OTHERWISE SHOWN. SERVICES DESCRIBED WERE PERFORMED AT THE FACTORY WARRANTY CONSTITUTES ALL E' OF THE WARRANTIES WITH RESPBCf TO THE ; NO CHARGE TO OWNER. THERE WAS NO INDICATION FROM THE SALE OF THIS ITEM/fTEMS. THE SELLER HERBBY , APPEARANCE OF THE VEHICLE OR OTHERWISE, THAT ANY PART EXPRESSLY DISCLAIMS ALL WARRANTIES ` ? > REPAIRED OR REPLACED UNDER THIS CLAIM HAD BEEN EITHER EXPRESS OR IMPLIED. INCLUDING ANY . •- CONNECTED IN ANY WAY WITH ANY ACCIDENT, NEGLIGENCE OR IMPLIED WARRANTY OF MERCHANTABILITY OR r FITNESS FOR A PARTICULAR PURPOSE SELLER MISUSE. RECORDS SUPPORTING THIS CLAIM ARE AVAILABLE FOR NEITHER ASSUMES NOR AUTHORIZES ANY (1) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE OTHER PERSON TO ASSUME FOR IT ANY Big SERVICING DEALER FOR INSPECTION BY MANUFACTURER'S LIABILITY IN CONNECTION WITH THE SALE OF ITS l1'EMAT'EMS REPRESENTATIVE. i , (SIGNED) DEALER. GENERAL MANAGER OR AUTHORIZED PERSON (DATE) .. , CUSTOMER SIGNATURE •' ¢ r'• ", . a?. CUSTOMER #: 14 5 9 2 ROBERT MCCOY 141 HORSESHOE RD CARLISLE, PA 17015 HOME:717-249-7992 CONT:N/A 132116 *INVOICE* DUPLICATE 1 PAGE 1 BOB RUTH FORD, INC. P.O. BOX 446 • 700 NORTH US ROUTE 15 DILLSBURG, PA. 17019 (7171'432-9614 (7171 766-2003 n.. ; L..:: J..J. >> }J < > n.. ; :,:.r......:.::...:..:... . :.. :... •:i:LJ i;•.'it•:, .. .. ..:.:.v.: ..ter.. .:.G:• 5:..:. ... ,n .r:.:'.urn i.!v:. :' ..:J' ::r}.......:.: ..:: v: iiv:KJ.. _} n:....m:::....:. .::. :•,C;::: i:::.: G:J•Y:i ?':: '??:??? ': -:.: '•':.: n:: JJJ:;: vn•:... ••t.w:n; }:: L•:d:t:vv ?':i{.L:::Lit?%:; • :J -::.. . :.. GJ ...... ..... ..:..::.:::.:::.:• . J. :iii •::::i':: •.:::. ... ,J.. n..: r..:.: . n. .,: ..:. };.ii,.+::Li:is':i:'yilSJli?:i::;:ii%;:>i:[L%; ;•i _ .y ._ L .. JJ J 'AL ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE LIMITED WARRANTY INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHOWN SERVICES DESCRIBED WERE P LABOR AMOUNT 0.00 . ERFORMED AT NO CHARGE TO Service/Parts are.warranted OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE 12,000 miles or 12 months, PARTS AMOUNT 0.00 VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED whichever comes first This OIL GAS LUBE 0 00 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 0.00 CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY prescribed by law. Labor char r b d ili MISC. CHARGES 0.00 MANUFACTURER 'S REPRESENTATIVE. ges a e ase on preva ng hourly labor rates - TOTAL CHARGES 0.00 times motor manual ested tim s h l d LESS INSURANCE 0.00 ugg e sc e u e. SALES TAX 0.00 (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT 30 FILE COPY h V M 6320 Carlisle Pike Mechanicsburg, Pa. 17050 Ph one (717) 7664733 MECHANICSBUMY www mecafferty.com LASOR COLOR, brUUK NO RARE u0EN9E lW. ?IM E'WE ROBERT MCCOY RIR? NERY DATE DELIVERY Ni1LE8 ._. .. .. YEARlwN110:/M 141 HORSESHOE ROAD :.... ;..... < '.,....._..,. KI-EtI50:.SER-1, .5 CARLISLE, PA 17015 VEw CLE *Lawo. M eau' DeniEeNO. PROOU DATE T F 4 0. F. T. E. NO. P O. NO ... .... ... R. Q4ffi DISCLAIMER OF WARRANTIES ti. ,.. ?.. r , The only warranties, . if any, applying to the part(s) and/or service are those F_ 1? § offered by the manufacturer. The selling [J 1 z' dealer hereby expressly disclaims all I R 0 VERIFIED .RIGHT=^sfiDE ^ 4?. warranties, either expressed or implied, OllT: F. R ... i T FRpIf FI:ANE TF#AN'€fFT. SIDE ND LbQSEIiINs•:;'f FIRE' I+? including any implied warranties of Y r;NOtfiNG Tt{friXLE EF7 I°; 1kiIL(?L merchantability or fdness for a particular THAT,;TI C .. FS,._.: ,.tT'A f?i ti purpose, and rites an neither assumes or autho- BE SHFFTED TQ EtIER D I N'12ECHECK A NT - y other person to assume for it any liability in connection with the sale of JOBS 1 TOTALS•...'. .._.• ..., this part(s) and/or service. Buyer shall not JOB# 1 JOURNAL PREFIX FTCS JOB# 1 TOTAL 0 00 be entitled to recover from the selling dealer any consequential damages, COMMENTS= . `. .. - . • ... damages to property, damages for loss WAIT of use, loss of time, loss of profits or TOTALS - .............. income, or any other incidental damages. * NEXT * nai? *xxr*x>?A*,tA . ?.r .4 W . ;, TAI JOR.... 0.00 * [ ]CASH [ 7 CH ( CIS NO.` 3 * ? ' w• Tl'01 Q$?B ET... 0.00 ?.s; T.€?1 .G. . 0.00 ?O * [ I VISA [ I [sDIS IfASTER VEI? TWA" V ? ?i? f } T (CHG. 0.00 * 1UTAI - 939 DISC 0.00 * [ I AMER PRESS C.-1 --- s............ _i T- At TAX...... 0.00 ****'e******** s!y*****i xs '`.-, TOT1'LziNV0ICE $ O.QO -7 THANK YOU r6k -Yom BU INESS]"f' 0 h Sw A?-rte 6 'l k YM? F 3 utFh i-+ 3 [ rye j+ 9?,=?i.'. St CtlMB? ?tSYLV??? P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert McCoy, Plaintiff. Vs. Ford Motor Company, Defendant. CIVIL DIVISION NO.: 10-4752 PROOF OF SERVICE Filed on behalf of Plaintiff: Robert McCoy COUNSEL OF RECORD FOR THIS PARTY: Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert McCoy, V. Ford Motor Company, Plaintiff, Defendant. No.: 10-4752 PROOF OF SERVICE TO THE PROTHONOTARY: Service of the complaint regarding the above captioned matter was made to Ford Motor Company, c/o CT Corporation System, 116 Pine Street Harrisburg, PA 17101, on 07/23/2010, via U.S. First Class Mail, Certified /Return Receipt Requested. A representative of Defendant signed the return receipt on 07/28/2010, a copy of which is attached. KIMMEL & SILVERMAN, P.C. n ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?'?? 3Zo PA / "1 Io / A. Signature ,t-,? ? ? Agent ?' / `` ?'"' - ? Addressee B. Received by (Printed Name) 1 -7 C. Date of Del"Z-1 -z ? D. Is delivery address different from item 1 ? u re! If YES, enter delivery address below: 11 No 3. Service Type ,Certified Mail ? Express Mail ?tegistered A"eturn Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (transfer from service laben PS Form 3811, February 2004 7010 0783 3000 0471 3321 Domestic Return Receipt CIVIL DIVISION 102595-02-M-1540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT MCCOY, Plaintiff, v. FORD MOTOR COMPANY, Defendant. CIVIL DIVISION CASE NO. 10-4752 ~ ~ ~~ ~ `~' c2n~. ~' N v c~;, r Z C) ~~ -o ~ W F7 ~ «, -~- c o ANSWER AND NEW MATTER AND NOW, comes defendant, Ford Motor Company, by its attorneys, Dobis, Russell & Peterson, P.C., and files the within Answer and New Matter as follows: ANSWER 1. Admitted. 2. Ford denies the accuracy of the address for its principle place of business, but admits the balance of the allegations contained in this paragraph. BACKGROUND 3. Admitted. 4. Admitted. 5. Ford denies that this is an accurate statement regarding the purchase price of the subject vehicle. 6. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 7. Ford denies that this is an'accurate statement regarding the limited warranty applicable to the subject vehicle. 8. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 9. Ford specifically denies the allegations contained within this averment. 10. Ford specifically denies the allegations contained within this averment. AS TO COUNT I 11. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 10 with full force and effect as though more fully set forth. 12. This averment constitutes a conclusion of law, to which no response is required. 13. This averment constitutes a conclusion of law, to which no response is required. 14. This averment constitutes a conclusion of law, to which no response is required. 15. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 16. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 17. This averment constitutes a conclusion of law, to which no response is required. 18. This averment constitutes a conclusion of law, to which no response is required. 19. Not applicable. 20. This averment constitutes a conclusion of law, to which no response is required. 21. This averment constitutes a conclusion of law, to which no response is required. 22. Not applicable. 23. This averment constitutes a conclusion of law, to which no response is required. 24. Not applicable. 25. Ford denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 26. Ford specifically denies the allegations contained within this averment. 27. Ford specifically denies the allegations contained within this averment. AS TO COUNT II 28. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 27 with full force and effect as though more fully set forth. 29. This 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. Ford denies that this is an accurate statement regarding the limited warranty applicable to the subject vehicle. 35. This averment constitutes a conclusion of law, to which no response is required. 36. Ford specifically denies the allegations contained within this averment. 37. This averment constitutes a conclusion of law, to which no response is required. 38. Ford specifically denies the allegations contained within this averment. 39. Ford specifically denies the allegations contained within this averment. 40. Ford specifically denies the allegations contained within this averment. 41. Ford specifically denies th@ allegations contained within this averment. 42. This averment constitutes a conclusion of law, to which no response is required. 43. Ford specifically denies the allegations contained within this averment. 44. This averment constitutes a conclusion of law, to which no response is required. AS TO COUNT III 45. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 44 with full force and effect as though more fully set forth. 46. This averment constitutes a conclusion of law, to which no response is required. 47. This averment constitutes a conclusion of law, to which no response is required. 48. This averment constitutes a conclusion of law, to which no response is required. 49. This averment constitutes a conclusion of law, to which no response is required. 50. This averment constitutes a conclusion of law, to which no response is required. 51. This averment constitutes a conclusion of law, to which no response is required. 52. This averment constitutes a conclusion of law, to which no response is required. 53. This averment constitutes a conclusion of law, to which no response is required. 54. This averment constitutes a conclusion of law, to which no response is required. NEW MATTER 55. The subject vehicle does not have anon-conformity, defect or condition which substantially impairs its use, value or safety. 56. Plaintiff failed to permit defendant a reasonable number of attempts to repair the alleged non-conformity, defect, or condition, or otherwise failed to give defendant a reasonable opportunity to cure the defect. WHEREFORE, this defendant requests this Honorable Court to enter judgment in its favor. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that PAUL K. RUSSELL, ESQ., is hereby designated as trial counsel. CERTIFICATION OF COUNSEL I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. CERTIFICATION I hereby certify that a copy of the within document has been filed with the Prothonotary's Office in the Court of Common Pleas of Cumberland County, PA, Civil Action and that a copy of the same was served upon all interested attorneys within the period of time allowed in accordance with the Rules of the Court. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for defendant, Ford Motor Company BY: PAUL K. RUSSELL, Q. I.D. #70882 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 DATED: August 30, 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 30th day of August, 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. RUSS Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (2151540-8888 ROBERT MCCOY v. FORD MOTOR COMPANY ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS Cumberland County NO. 10-4752 PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT, FORD MOTOR COMPANY 55. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 56. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. n ~~ C ~` -n "~ i~ .. ~~ ~; ~, ~"~. t -~ ~,. ~ ~'~`` w cn WHEREFORE, Plaintiff respectfully demands judgment ag~inst~Defendant in an amount equal to the contract price of the subject vehicle, plus all collateral ch~ges and attorney fees. SILVERMAN, P.C. By: Rob~rt A ~,Rapkin, Esquire Identificati n No. 61628 Attorney foPlaintiff 30 East Butle~ Pike Ambler, Penns'Xlvania 19002 (215) 540-8888 `~~ VERIFICATION Robert A. Rapkin, Esquire, states that he/she is the attorney for the Plaintiff herein; that he/she is acquainted with the facts set forth in the foregoing Answer t~l ew Matter; and that same are true to the best of his/her knowledge, information and belikf. his statement is being ,< made subject to the penalties of 18 Pa. C.S. Section 4904 relat~iig ~unsworn falsification to authorities. By: Robert A. Ra in, Esquire Identification o. 61628 Attorney for Pl 'tiff 30 East Butler Pi 1 Ambler, Pennsylvar~,a 19002 (215) 540-8888 CERTIFICATE OF SERVICE I, Robert A. Rapkin, Esquire, counsel for Plaintiff, do hereby certify that I served all parties with true and correct copies of the foregoing Answer to New Matter, by placing same in the United States Mail, First Class, Postage Paid addressed as follows: Paul K. Russell, Esq. Dobis, Russell & Peterson P.C. 326 South Livingston Avenue Livingston, NJ 07039 KIMMELI& SI~VERMAN, P.C. By: lrt pkin, Esquire Identifi do No. 61628 Attorne for aintiff 30 Eas Butler 'ke Ambl , Pennsyl is 19002 (215) 40-8888 Date: 2nd day of September 2010 W r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert McCoy Plaintiff NO. 10-4752 20 VS. M CO 3* Ford Motor Company RULE 1312-1 Defendant{ 3y The Petition for Appointment of Arbitrators shall be substantially it Following form: =C) e- ---I FOR APPOINTMENT OF ARBITRATORS -` TO THE HONORABLE, THE JUDGES OF SAID COURT: r_-3 c w 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 a S C:) C") C") ?6f The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: 00,Q"15$-3 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to aSt,?US whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, /?/} XJ , 20 , in consideration of t? oregoing petition, Esq. /and Esq., and Esq., are appointed arbitrators in the above captioned ac on (or actions) as prayed f0 v r R6,4 A . k0apk;„, , Pawl eussell, s? By the Court, 0 !f '/ GFVWOO Kevin A. ss, P.J. Copes pAet l ed 7/a / / R4 L ROBERT MCCOY, IN THE COURT OF COMMON PLEAS OF?? Plaintiff CUMBERLAND COUNTY, PENNSYLVAA °- rncu r-n CIVIL ACTION - LAW ? ;:o -za ;;0 -- ?a r vs. NO. 10-4752 CIVIL n CD FORD MOTOR COMPANY, Q Defendant ° ORDER AND NOW, this 47' day of April, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Ron Turo, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, Kevin A/ Hess, P. J. ? Ron Turo, Esquire Court Administrator :rlm wples pla. ?j d ill a7/I 1 0- IN THE COURT OF COMMON PLEAS OF Cumberland County, PENNSYLVANIA CIVIL DIVISION Robert McCoy Plaintiff, vs. NO.: 10-4752 Ford Motor Company, Defendant. PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinued. Respectfully submitted, c.: a z, `":.f --Yi __ v C:) Q n c? Robert A. Rapkin quire KIMMEL & SIL RMAN, P.C. A0 Attorneys for Plaintiff CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the within Praecipe to Settle, Discontinue, and End was served on April 26, 2011, via U.S. Mail and facsimile, receipt confirmed, to: Paul K. Russell Dobis, Russell & Peterson P.C. 326 South Livingston Avenue Livingston, NJ 07039 973-740-2474 obert A. Rapki Esquire KIMMEL & SILVERMAN, P.C.