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Home My WebLink About10-6638f r"1 M-CF FICIr CF T ; r' C? C NOTARY -J j T 19 AN 10: 3l M P,FRLAND COUNTY I`. ;NS'YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT', PENNSYLVANIA MARYLOU HELM, CIVIL DIVISION Plaintiff, VS. NO.: 10 - WU &A l fern FORD MOTOR COMPANY, Defendant. . COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiff: Marylou Helm 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 CA) Pa-00 PO AVY C1 o477 &,94988(o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MARYLOU HELM, 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 MARYLOU HELM, Plaintiff, VS. FORD MOTOR COMPANY, Defendant. No.: COMPLAINT 1. Plaintiff, Marylou Helm, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, 6 Spring Drive, Shippensburg, PA 17257. 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 June 19, 2010, Plaintiff purchased a new 2010 Ford Focus, manufactured and warranted by Defendant, bearing the Vehicle Identification Number 1 FAHP3FN6AW261396. 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 excludiLig other collateral charges not specified, yet defined by the Lemon Law, totaled more than $19,200.00. A true and correct copy of the contract is attached hereto, made a part hereof, and marked Exhibit "A". 6. In consideration for the purchase of said vehicle, Defendant issued to Plaintiff several warranties, guarantees, affirmations or undertakings with respect to the material or workmanship of the vehicle and/or remedial action in the event the vehicle fails to meet the promised specifications. 7. The above-referenced warranties, guarantees, affirmations or undertakings are/were part of the basis of the bargain between Defendant and Plaintiff. 8. The parties' bargain includes an express 3-year / 36,000 mile warranty, as well as other guarantees, affirmations and undertakings as stated in Defendant's warranty materials and owner's manual. 9. However, as a result of the ineffective repair attempts made by Defendant through its authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and is worthless to Plaintiff. During the first 12 months and/or 12,000 miles, Plaintiff complained on at least three (3) occasions about defects and or non-conformities to the following vehicle components: Steering/Suspension. True and correct copies of all invoices in Plaintiff possession are attached hereto, made a part hereof, and marked Exhibit "B". 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. Keystone 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 June 19, 2010, Plaintiff took possession of the above mentioned vehicle and experienced nonconformities as defined by 73 P.S §1951 et s_g., 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. 27. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the Defendant on numerous occasions as outlined below. 28. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 29. 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. 30. 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. 5 31. 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. 32. 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). 33. 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. 34. 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 35. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 36. Plaintiff has or may have resorted to Defendant's informal dispute settlement procedure, to the extent said procedure complies with 16 CFR 703. 37. 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). 38. Plaintiff is a "Consumer" as defined by 15 U.S.C. §2301(3). 6 39. Defendant is a "supplier", "warrantor", and a "service contractor" as defined by 15 U.S.C. § 2301 (4),(5) and (8). 40. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 41. 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. 42. 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. 43. Defendant has made attempts on several occasions to comply with the terms of its express warranties; however, such repair attempts have been ineffective. 44. 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. 45. Plaintiff has afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 46. 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. 7 47. 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. 48. 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. 49. Plaintiff avers Defendant's Dispute Resolution Program was not in compliance with 16 CFR 703 for the model year of the subject vehicle. 50. Plaintiff avers that Defendant's warranty did not require Plaintiff to first resort to a Dispute Resolution Program before filing suit. 51. 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 52. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 8 53. Plaintiff is a "Person" as defined by 73 P.S. §201-2(2). 54. Defendant is a "Person" as defined by 73 P.S. §201-2(2). 55. 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." 56. 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 M. 57. 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. 58. Plaintiff avers Defendant has violated these, as well as other provisions, of 73 P.S. §201-2 et SeMc . 9 59. 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, 60. Defendant's conduct surrounding the sale and servicing of the subject vehicle falls within the aforementioned definitions of "unfair or deceptive acts or practices." 61. The Act also authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount not in excess of , together with all collateral charges, attorneys' fees, all court costs and treble damages. KIMMEL & SILVERMAN, P.C. By: ert A. Ra m, Es, Attorney for Plaintiff 210 Grant Street, SuO Pittsburgh PA 152119 (412) 566-1001 10 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. 12 ti t i ? X04-? tu+ www.keystoneford.com -PLEASE ENTER MY ORDER FOR THE FOLLOWING NAME PRIOR >lEW or ? USED ? DEMO ?'A A C] TRUCK USE MAKE MODEL TYPE STREET c:01?1 i=?ilRD F.-OCi4S S( " RIND Fir iV LOR I TRIM 1 F A f# P 7, F x1C NO. SALESMAI ? +- r D MAKE LOR TRIM M LEAGE CITY rr lei 1<., P E .1't• Z..'1 J R Gi..l PHONE RES. TO BE DELIVERED ON OR ABOUT SOC SEC. r 'INSi'.I 61194'1fi`! NO. .215-.19 18 :C. CO-BUYER NAME PLATE NO: EXP. DATE LOAN M I DRESS GOOD TILL PO BOX 31260, TAMPA FL 16932 CO. PROGRESSIVE DATE EXP. DATE 'E ZIP Ms '17i_' 57•-•'1?14?0 etlsl 17) 245--22187 E DATE OF BIRTH PRICE OF VEHICLE 191.800.00 REBATtE 31 000.00 7; N/A N/A N/A z. 00 GAP INS, 0.00 OTtlir a Registi-odor 14. 15 EXTENDED WARANTYIYPE Zurich 1, 000.00 fv 100)'776- 7 S 72 MILES 5, 000 Cash Price of Vehicle & Accessories 17, 814. 15 x1CTOLE Sales Tax REGISTRATION TITLE TRANSFER ENCUMBRANCE _36,00 22.50 0. 00 5. IN 63.50 Documentary Fee 1 x:3.00 FWD BY - Messenger Fee 10.00 Notary Fee 0.00 FAMM The ory % oa?ntlUm all of the wer ardies v Nsped to the sale of ft W ARRANTY - PTA t fax ? . k7?J al warra dies, ether e, m9W or Inlpkd Incpdkp any seller ei . b . impW iwananly of nmdwmaW or fikrese for a perkular Wpm, and tte seller neillel•'sawnes nor a 0 alm any odw person to asstsne for ft any kb* iaconnetoon will the sale of tts fternamns. R f t E r Sale Tax 0.00 USED CAR WARRANTY = Used car is cowed by a WOW wararty defelsd'm a sepands doaxnat AS IS -This nxft vMcIe Is said "AS W %MfW any warranty Ow expressed or WOW. The puralaser will bear the entre expense of repairing or convanp any dated trot presently exists or to may oxxx in Total Price x 19,083.65 the vehicle., ... JRCH 'S r l ?? Trade-Ink Y 1 GNA TIORE X i 1 . * USED CONTRAC L 1 C OSURE STATEMENT 4?J. sZ11 , •Payoff Amount Less Payoff 1E INFORMATION YOU SEE N THE WINDOW FORM FOR THIS is Subject To EHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE Verification Net Trade In 0.00 IINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE De sit po ONTRACT OF SALE. 19 000. 00 you cancel this purchase agreement or refuse to take delivery of the vehicle °A Cash on Delivery t3, dared, except as permitted by law, you shall, at our option, forfeit as damages e amount of $ Net + Deposit + Cash on _ Trade Dellveq Total Doom Payment - 1 o0e 00 JRCHASER'S , IGNATURE X Unpaid Balance otTotal Price 18, 083. 65 Pwdm?r Hereby acknowledges to the above dous& uchaser agrees that this order includes all of the terms and conditions on both the face and reverse side hereof, that this order cancels and supersedes any nor agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the subject matters covered rreby. This order shall not become pindina until accepted by the dealer or his authorized representative. You, the buyer may cancel this contract and receive full refund any time before receipt Of a co of this contract si net an authorized dealer r entative Ivirl written notice of cancellation to the dealer. itchaser is execution of this order, acknowledges that he has read its terms and condition and h a true copy of this order. GRNCAH RE X ;; " C <<l'? J DATE PTED BY . / ACC -?_ ! 1J j ? j r: I r l Y." .W aeym" R0e1MI oneael PLAIINTI FS EXHI WNW Where the customer always comes first! 301 WALKER ROAD - CHAMBERSBURG, PA 17201 (717) 264-5104 6 SPRING DRIVE SHIPPENSBURG, PA 37257 2010 1 FORD FOCUS SERVICE DEPARTMENT HOURS 8:00 a.m. to 5:00 p.m. Monday - Friday 8:00 a.m. -1:00 p.m. Saturday 717-245-2187 17-496-3790 4DR SDN SE 8524545/ Pre-Invoi 5216 1FAHP3FN6AW261396 6/19/10 6/19/10 IF -L - y y Y : L-Bk(r-UXM r'xl&tS V 15UAL MU1jT1 L'U1NT 1N5 vk;U 1QN Sub Total: .00 --------------------------------------------------------- #2 - LOF: CHANGE ENGINE OIL AND OIL FILTER --------- 1ST LOF Work performed by JOHN PITTMAN (439) Installed BE8Z 6731 AC :KIT - ELEMENT & GASKET - O 1@5.99 Installed 5W20 :OIL 4@3.20 Installed 5W20.5 :5W20 1/2 QT OIL 1@1.60 OAR - 1st FREE LOF 5.0 $34.95 LOF Sub Total: 34.95 --------------------------------------------------------- #3 - 03FOZ: STEERING/SUSPENSION --------- OUST. STATES STEERING FEELS LOOSE WHEN DRIVING AT HIGHWAY SPEEDS. Corrected by3504A: (H21) (69) STEERING GEAR ASSEMBLY - REMOVE AND INSTALL OR REPLACE (3504) - L Work performed by ALLAN TROUPE (786) Corrected by3001A: CASTER, CAMBER, TOE-IN - CHECK - L Work performed by ALLAN TROUPE (786) Corrected by3001A6F: TOE-IN - CORRECT (FRONT/REAR) - L Work performed by JOHN PITTMAN (439) Installed 9S4Z 3504 A :GEAR ASY - STEERING Qty: 1 ORDERED STEERING RACK INSTALL NEW POWER STEERING RACK ASY. FILL AND BLEED P/S SYSTEM. PERFORM FRONT END ALIGNMENT.SET TOE TO SPEC. --------------------------------------------------------- --------- tMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. '1 hereby authorize the repair LABOR It hereinafter to be done along with the necessary material and agree that you are not respons- PARTS for loss or damage to vehicle or articles left in the vehicle in case of fire, theft, or any other se beyond your conh or for any delays caused by unavailability of parts or delays in parts mutts b the su lier or trans orter I hereb o l i t rant lo DEDUCTIBLE y pp p . u or your emp oyees pertn on y g ss y rate the vehicle herein described on streets, highways, or elsewhere for the purpose of testing SUBLET /or inspection. An express mechanic's lien is hereby acknowledged on above vehicle to secure SHOP SUPPLIE amount of repairs thereto.' S CLAIMER OF WARRANTIES A ti HAZARDOUS MATERIALS ny warran . es on the products sold hereby are those made by manufacturer. The sefier hereby expressly'',disclaims all warranties either express or implied, includ SALES TAX OR TAX I.D. any implied warranty of merchantability on fitness for a particular purpose, and the seller neither SPECIAL ORDER DE umes nor authorizes any other person to assume for it any liability in connection with the sale of I products. Any limitation contained herein does not apply where prohibited by law. DISCOUNTS PLAI S TOTAL DUE 14.5 5.9 12.8 1.6 ,-34.9 Warranty Warranty Warranty Warranty K Where the customer al comes firstf 301 WALKER ROAD - CHAMBERMURG, PA 17201 (717) 284-5104 SERVICE DEPARTMENT HOURS 8:00 a.m. to 5:00 p.m. Monday - Friday 8:00 a.m. -1:00 p.m. Saturday 8/05/10 8524545/2 8/18/10 Pre-Invoic 4130 5216 JOE BECKER 6 SPRING DRIVE SHIPPENSBURG, PA 17257 20101 FORD I FOCUS x : UWVZK IfLU VEi1V Sub Total: .00 Sub Total: .00 717-245-2187 17-496-3790 4DR SDN SE tMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. '1 hereby authorize the repair LABOR k hereinafter to be done along with the n¢cessary material and agree that you are not resporrs- theft or any other e to vehicle or articles left in the vehicle in case of fire for loss or dama PARTS , , g se beyond your control or for any delay* caused by unavailability of parts or delays in parts DEDUCTIBLE rneras by the supplier or transporter. II hereby grant you or your employees permission to rate the vehicle herein described or streets, highways, or elsewhere for the purpose of testing SUBLET /or inspection. An express mechanic's lien is hereby acknowledged on above vehicle to secure amount of repairs thereto' SHOP SUPPLIES HAZARDOUS MATERIALS CLAIMER OF WARRANTIES. Any warranties on tire products sold hereby are those made by manufacturer. The seNer hereby expressly disclaims all warranties either express or implied, incl SALES TAX OR TAX I.D. any implied warranty of merchantability or fitness for a particular purpose, and the seNer neither me for it an liabilit in connection with the sale of i n oth e son to ss th SPECIAL ORDER DEPOSIT y y er p u y umes nor au zes a a or r d products. Any limitation contained herein does not apply where prohibited by law. DISCOUNTS TOTAL DUE 1FAHP3FN6AW261396 66//19/10 19/10 20.3 .0 .0 .0 .0 .0 .0 -34.95 .0 W?5 /10 8525221/ % w SERVICE DEPARTMENT HOURS E 8:00a.m.to5:00p.m. 8/27/10 Pre-Invoic, Where the c st l t B Monday - Friday u omer a tfv q/s comes rst! 8:00 a.m. -1:00 p.m. Saturday 301 WALKER ROAD - CHAMBERSBURG, PA 17201 5532 6033 (717) 264-5104 DARIAN FALCONE/9873 6 SPRING DRIVE 228-133-500 SHIPPENSBURG, PA 17257 717-245-2187 17-496-3790 1FAHP3FN6AW261396 6/19/10 6/19/10 2010 FORD FOCUS 4 DR SDN SE I 21548 $1 - UsrVZ: 51'Bt5X1NG/SUSPENSION CUSTOMER STATES THERE IS A TICKING NOISE FROM THE ENGINE Work performed by ALLAN TROUPE (786) ENGINE SOUNDS LIKE SAME MAKE VEHICLE ON OUT LOT Sub Total: .00 ------------------------------------------------------------------ #2 03FOZ: STEERING/SUSPENSION CUSTOMER STATES THE STEERING IS HARD TO MOVE AND VEHICLE PULLS ARE THE INTERSTATE Work performed by ALLAN TROUPE (786) CK TIRE PRESSURE,CHECK FRONT END ALIGN.RESET TOE AND CENTER STEERING WHEEL ROAD TEST OPERATED NORMAL. ------------------------------------------------------------------ #3 * LOANER: RENTAL VEHICLE Sub Total: .00 Sub Total: .00 iMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. 'I hereby authorize the repair k hereinafter to be done along with theinecessary material and agree that you are not respons- for toss or damage to vehicle or articles left in the vehicle In ease of fire, theft, or any other :se beyond your control or for any delays caused by unavailability of parts or delays in parts aneMS by the supplier or transporter.' I hereby grant you or your employees permissron - :rate the vehicle herein described on sUeets, highways, or elsewhere for the purpose of testing yor inspection. An express mechanic's lion is hereby ackrxrMedged on above vehicle to secure amount of repairs thereto' CLAIMER OF WARRANTIES. Any wairanties on the products sold hereby are those made by manufacturer. The seller hereby expreWy disclaims all warranties either express or implied, indt any implied warranty of merc hentabilityior fitness for a particular purpose, and the seler neither rsnes nor authorizes any other person to assume for it any liability in connection with the sale of f products. Any limitation contained herein does not apply where prohibited by law. Internal LABOR ,I PARTS .I DEDUCTIBLE . I SUBLET ,I SHOP SUPPLIES . I HAZARDOUS MATERIALS .I SALES TAX OR TAX I.D. . I SPECIAL ORDER DEPOSIT DISCOUNTS TOTAL DUE ,I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MAYLOU HELM, Plaintiff, V. FORD MOTOR COMPANY, Defendant. CASE NO. 2010-cv-6638 ANSWER AND NEW MATTER c N a C, ? ma = z < -Q r -<? o 0 <a > =-n c? xo z _ Dg N 8 ter -I w D -< AND NOW, comes defendant, Ford Motor Company, by its attorneys, Dobis, Russell & Peterson, P.C., and files the within Answer and New Matter as follows: ANSWER 1. Admitted. 2. Admitted. BACKGROUND 3. Admitted. 4. Admitted. 5. Denied. It is denied that this is the correct price for the subject matter vehicle. However, Ford admits that a copy of the sales contract is attached to Plaintiff's Complaint as Exhibit "A". 6. Denied. Ford was not a party to the retail sales transaction. 7. Denied. Ford was not a party to the retail sales transaction. 8. Admitted in part, denied in part. Ford admits a three (3) year/36,000 mile New Vehicle Limited Warranty. However, all other guarantees, affirmations and undertakings are denied. 9. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle, as well as ineffective repair attempts. Additionally, Ford denies that the vehicle is worthless. 10. Denied. However, Ford admits that invoices are attached to plaintiff' s Complaint as Exhibit "B". AS TO COUNT I 11. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 10 with full force and effect as though more fully set forth. 12. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 13. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 14. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 15. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 16. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 17. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 18. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 19. Plaintiff's Complaint does not contain a paragraph 19. 20. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 21. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 22. Plaintiffs Complaint does not contain a paragraph 22. 23. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 24. Plaintiff's Complaint does not contain a paragraph 24. 25. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 26. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 27. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 28. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 29. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 30. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 31. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 32. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 33. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 34. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. AS TO COUNT II 35. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 34 with full force and effect as though more fully set forth. 36. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 37. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 38. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 39. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 40. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 41. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 42. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 43. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 44. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 45. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 46. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 47. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 48. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 49. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 50. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 51. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. AS TO COUNT III 52. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 51 with full force and effect as though more fully set forth. 53. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 54. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 55. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 56. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 57. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 58. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 59. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 60. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 61. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. NEW MATTER 62. The subject vehicle does not have a non-conformity, defect or condition which substantially impairs its use, value or safety. 63. Plaintiff has failed to mitigate damages. 64. Plaintiffs complaint fails to state a claim upon which relief may be granted. WHEREFORE, this defendant requests this Honorable Court to enter judgment in its favor. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that JAMES P. PETERSON, ESQ., is hereby designated as trial counsel. CERTIFICATION OF COUNSEL I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. CERTIFICATION I hereby certify that a copy of the within document has been filed with the Prothonotary's Office in the Court of Common Pleas of Cumberland County, PA, Civil Action and that a copy of the same was served upon all interested attorneys within the period of time allowed in accordance with the Rules of the Court. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for defendant, Ford Motor Company _ BY: J WS P. PETERSON, ESQ. ff #77315 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 DATED: November 18, 2010 CERTIFICATE OF MAILING I, James P. Peterson, Esq., do hereby certify that service of a true and correct copy of the within defendant's, Ford Motor Company, Answer with New Matter to Plaintiffs Complaint was made on this 18th day of November, 2010, to the below listed counsel by United States mail, postage prepaid. Robert Rapkin, Esq. KIMMEL & SILVERMAN 30 East Butler Pike Ambler, PA 19002 ES P. PETERSON Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 ATTORNEYS FOR PLAINTIFF MARYLOU HELM V. COURT OF COMMON PLEAS Cumberland County FORD MOTOR COMPANY NO. 2010-CV-6638 ' PLAINTIFF S ANSWER TO NEW MATTER OF DEFENDANT, FORD MOTOR. COMPANY >C-) A.- 62. Denied. The allegations of this paragraph constitute a conclusion o f?acVnd r' ` 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. 63. 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. 64. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the contract price of the subject vehicle, plus all collateral charges apd"attbrney fees. KIMMEL & SIWRWAN, P.C. By: obert A. kin, Esquire on 0.61628 Attorney or Pl intiff 30 East utler 'ke Ambler Pennsy ania 19002 (215) 40-8888 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 to New Matter; and that same are true to the best of his/her knowledge, information and to statement is being made subject to the penalties of 18 Pa. C.S. Section 4904 authorities. =e A. Akin, Esquire lden ficatio No. 61628 Att rney for laintiff 30 ast Butl Pike bler, Pe ylvania 19002 ( 5) 540-88 falsification to 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: James P. Peterson, Esq. Dobis, Russell & Peterson P.C. 326 South Livingston Avenue Livingston, NJ 07039 & SZVERMAN, P.C. Robe A. apkin, Esquire Iden ificati n No. 61628 Att rney fo Plaintiff 3 ast Butl r Pike Ambler, Pe sylvania 19002 (215) 540-88 8 Date: 24th day of November, 2010 TNT I , a:1 2010 DEC PM 2: 52 PUMSM' : WNTY PENN A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MaryLou Helm, Plaintiff, VS. Ford Motor Company, Defendant. CIVIL DIVISION NO.: 10-6638 PROOF OF SERVICE Filed on behalf of Plaintiff: MaryLou Helm 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 lip, s t r- r 55 ,p ? LL c?'t 9' N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MaryLou Helm, CIVIL DIVISION Plaintiff, V. Ford Motor Company, Defendant. No.: 10-6638 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 10/28/2010, via U.S. First Class Mail, Certified /Return Receipt Requested. A representative of Defendant signed the return receipt on 11/01/2010, a copy of which is attached. KIMMEL & SILVERMAN, P.C. Robert A. apkin, Esquire Attorneys for Plaintiff(s) 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 .r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARYLOU HELM PETITION FOR APPOINTMENT OF ARBITRATORS The counterclaim of the defendant in the action is FORD MOTOR COMPANY RULE 1312-1 TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert A. Rapkin , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ Within Arbitration Limits The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF petition, AND NOW, Plaintiff NO. 2010-cv-663 8 __ 2g -M =su rn co rn vs. Z? ,r- Defendant The Petition for Appointment of Arbitrators shall be substantially in the c Following form: Esq., and captioned action (or actions) as prayed for. URT 200 , in consider of the foregoing Esq., and 9? Esq., are appointed arbitrators in the above By the Court, °'n Cs -n CD CD f.; ft * a381g IR& asl&q s Kevin A. Hess, P.J. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARYLOU HELM 4 Plaintiff : NO. 20 1 0-cv-663 8 ,2 rn00 Vs. ?/? cwt? t N FORD MOTOR COMPANY RULE 1312-1 Defendan =o t w C-1 The Petition for Appointment of Arbitrators shall be substantially in the? Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert A. Rapkin , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ Within Arbitration Limits The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, rr. 7i3 c_! C) 7 Y' aoAv.m pdal? Gk * a3V,g ORDER OF COURT AND NOW, 200/ , in consider of the reregoing petition, Esq., and , Esq., and Esq., are appointed arbitrators inibo captioned a tion (or actions) as prayed for. - - > C_n By the Court, -? LZ Pe Kevin A. Hess, P.J. Zi ? A . iZapN Mt( r ?W MAW/ Ie,q l?/ C:L M In the Court of Common Pleas of Cumberland -3? ? Plaintiff ( J Az Qn ,??T County, Pennsylvania No. Defendant Civil Action - Law. Oath ,Ive do solemnly swear affirm) that we will support, obey and defend the Constitution of the United States n the C s ' uti n s Commonwealth and tha we wil ischarge the duties of o o ce with fidelity. Signature Signature Signature el- Name (Chairman) 9,w l c ?C,u ?c- LL e Law Firm /I /&t 4 4? Address / e 0Wz I& City, Zip Name Se " Law Firm L Le 119 * Address )'701) City, Zip Name Law Firm /-"-tee P? 5 b?A(Sr Address e? A 1765-4) City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) G?C A1AI Ab !rv P b LAIR e?;?f Ayv,0-e D e !1 7-6 mss- /4z, .Arbitrator, dissen^s. (Insert name if applicable.) Date of Hearing: Date of Award: IFAAC?_111 ? (Chairman) 4 4- U M, _?? 1,,/? ?. Notice of Entry of Award Now, the kday of , 20 at 31`3 M., the above award was entered upon the docket and n (Vice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 3SCV • 6f? _ 1 a4dL By: Prothonotary Deputy FILE"?-OFFICE OF I Rr 2011 18 Phi 3= 37 C ?R ANa COUNTY YLV'ANIA 10e,4e 0,, DOBIS, RUSSELL & PETERSON, P.C. 213 Yates Avenue Woodlyn, PA 19094 (610) 689-8698 Attorneys for defendant, Ford Motor Company ID #77315 MARYLOU HELM, Plaintiff, V. FORD MOTOR COMPANY, Defendant. rC?I?(ja 3i Fia + ENNSYLVAFIIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CASE NO. 2010-cv-6638 PRAECIPE TO ENTER JUDGMENT ON AWARD OF ARBITRATORS To the Prothonotary: Kindly enter judgment in the amount of $0.00 in favor of Defendant, Ford Motor Company, and against Plaintiff in the above-captioned matter, on the Award of Arbitrators in favor of defendant, which was entered on the docket on August 18, 2011. & PETERSON ?dme's P. Peterson, Esq. Attorney for Defendant, Ford Motor Company DATED: October 28, 2011 ?g? oWbq 9 CERTIFICATE OF MAILING I, James P. Peterson, Esq., do hereby certify that service of a true and correct copy of the within Defendant, Ford Motor Company Praecipe to Enter Judgment on Award of Arbitrators was made on this 28th day of October, 2011, to the below listed counsel by United States mail, postage prepaid. Tim Abeel, Esq. KIMMEL & SILVERMAN 30 East Butler Pike Ambler, PA 19002