HomeMy WebLinkAbout11-8535iLEO-OFFI,(:?
1G! ! H 0 V 14 P+il 3: G
CUMBERLAND CDUNTy
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MICHAEL TROUTMAN,
VS.
Plaintiff,
FORD MOTOR COMPANY,
Defendant.
CIVIL DIVISION
NO.:
l
COMPLAINT IN CIVIL ACTION
Filed on behalf of Plaintiff:
Michael Troutman
COUNSEL OF RECORD FOR THIS PARTY:
Robert A. Rapkin, Esquire
Identification No. 61628
KIMMEL & SILVERMAN, P.C.
30 E. Butler Pike
Ambler, PA 19022
(215) 540-8888
WRIT WAIVED
qA .oo ?d flff?
C# a y97S--
2 .LL n
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
MICHAEL TROUTMAN,
Plaintiff,
VS.
FORD MOTOR COMPANY,
Defendant.
NOTICE TO DEFEND
No.. l ` -
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
MICHAEL TROUTMAN,
Plaintiff,
VS.
FORD MOTOR COMPANY,
Defendant.
CIVIL DIVISION
No..
COMPLAINT
1. Plaintiff, Michael Troutman, is an adult individual citizen and legal resident of the
Commonwealth of Pennsylvania, 6003 Sommerton Drive, Mechanicsburg, PA 17050.
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 Consumer Affairs, 16800 Executive Plaza Drive, 3 NE-B, Dearborn,
Michigan 48126-4207, and can be served at CT Corporation System, 116 Pine Street, Suite 320,
Harrisburg, PA 17101.
BACKGROUND
3. On or about January 1, 2009, Plaintiff purchased a used 2008 Ford Focus,
manufactured and warranted by Defendant, bearing the Vehicle Identification Number
1 FAHP35N58W 118239.
2
4. The vehicle was purchased in the Commonwealth of Pennsylvania and is
registered in the Commonwealth of Pennsylvania.
5. The contract price of the vehicle, including registration charges, document fees,
sales tax, finance and bank charges, but excluding other collateral charges not specified, yet
defined by the Lemon Law, totaled approximately $25,000.00. Plaintiff is not in possesion of
Contract, however, same may be obained 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.
10. 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:
abnormal check engine light on, rough shifting and defective transmission. True and correct
3
copies of the repair invoices are not in Plaintiff possession, however they can be obtained from
Defendant's authorized dealership.
COUNTI
MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT
11. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint
by reference as if fully set forth at length herein.
12. Plaintiff has or may have resorted to Defendant's informal dispute settlement
procedure, to the extent said procedure complies with 16 CFR 703.
13. Plaintiff avers that the Federal Trade Commission (FTC) has determined that no
automobile manufacturer complies with 16 CFR 703. See, Fed. Reg. 15636, Vol. 62, No. 63
(Apr. 2, 1997).
14. Plaintiff is a "Consumer" as defined by 15 U.S.C. §2301(3).
15. Defendant is a "supplier", "warrantor", and a "service contractor" as defined by 15
U.S.C. § 2301 (4),(5) and (8).
16. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1).
17. By the terms of its written warranties, affirmations, promises, or service contracts,
Defendant agreed to perform effective repairs at no charge for parts and/or labor.
18. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound
by all warranties implied by state law. Said warranties are imposed on all transactions in the state
in which the vehicle was delivered.
19. Defendant has made attempts on several occasions to comply with the terms of its
express warranties; however, such repair attempts have been ineffective.
4
20. 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.
21. Plaintiff has afforded Defendant a reasonable number of opportunities to conform
the vehicle to the aforementioned express warranties, implied warranties and contracts.
22. As a direct and proximate result of Defendant's failure to comply with the express
written warranties, Plaintiff has suffered damages and, in accordance with 15 U.S.C.
§2310(d)(1), Plaintiff is entitled to bring suit for such damages and other legal and equitable
relief.
23. Defendant's failure is a breach of Defendant's contractual and statutory
obligations constituting a violation of the Magnuson-Moss Warranty Improvement Act,
including but not limited to: breach of express warranties; breach of implied warranty of
merchantability; breach of implied warranty of fitness for a particular purpose; breach of
contract; and constitutes an Unfair Trade Practice.
24. Plaintiff avers that Defendant's warranty was not provided to Plaintiff until after
the vehicle was delivered, making any and all limitations, disclaimers and/or alternative dispute
provisions ineffective for a failure of consideration.
25. Plaintiff avers Defendant's Dispute Resolution Program was not in compliance
with 16 CFR 703 for the model year of the subject vehicle.
5
26. Plaintiff avers that Defendant's warranty did not require Plaintiff to first resort to
a Dispute Resolution Program before filing suit.
27. Plaintiff avers that upon successfully prevailing upon the Magnuson-Moss claim
herein, all attorney fees are recoverable and are demanded against Defendant.
WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount
equal to the price of the subject vehicle, plus all collateral charges, incidental and consequential
damages, reasonable attorneys' fees, and all court costs.
COUNT II
PENNSYLVANIA UNFAIR TRADE
PRACTICES AND CONSUMER PROTECTION LAW
28. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint
by reference as if fully set forth at length herein.
29. Plaintiff is a "Person" as defined by 73 P.S. §201-2(2).
30. Defendant is a "Person" as defined by 73 P.S. §201-2(2).
31. Section 201-9.2(a) of the Act authorizes a private cause of action for any person
"who purchases or leases goods or services primarily for personal, family or household
purposes."
32. Section 1961 of the Pennsylvania Automobile Lemon Law, provides that a
violation of its provisions shall automatically constitute a violation of the Pennsylvania Unfair
Trade Practices and Consumer Protection Act, 73 P.S. 201-1 et seg.
6
33. In addition, the Pennsylvania Unfair Trade Practices and Consumer Protection
Act, 73 P.S. §201-2(4), defines "unfair or deceptive acts or practices" to include the following
conduct:
(vii). Representing that goods or services are of a particular standard, quality or grade,
or that goods are of a particular style or model, if they are of another;
(xiv). Failing to comply with the terms of any written guarantee or warranty given to
the buyer at, prior to, or after a contract for the purchase of goods or services is
made;
(xv). Knowingly misrepresenting that services, replacements or repairs are needed if
they are not needed;
(xvi). Making repairs, improvements or replacements on tangible, real or personal
property of a nature or quality inferior to or below the standard of that agreed to
in writing;
(xvii). Engaging in any other fraudulent or deceptive conduct which creates a
likelihood of confusion or of misunderstanding.
34. Plaintiff avers Defendant has violated these, as well as other provisions, of 73 P.S.
§201-2 et sect.
35. Section 201-3.1 of the Act provides that the Automotive Industry Trade Practice
rules and regulations adopted by the Attorney General for the enforcement of this Act shall
constitute additional violations of the Act.
36. Defendant's conduct surrounding the sale and servicing of the subject vehicle falls
within the aforementioned definitions of "unfair or deceptive acts or practices."
37. The Act also authorizes the Court, in its discretion, to award up to three (3) times
the actual damages sustained for violations.
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:
Robert A. Rapkin, Esq
Attorney for Plaintiff
30 E. Butler Pike
Ambler, PA 19022
(215) 540-8888
VERIFICATION
I, Robert A. Rapkin, being duly sworn according to law, depose and say that I am the
attorney for the Plaintiff, in this action and that the facts set forth in the foregoing Complaint are
true and correct to the best of my knowledge, information and belief. I understand that any false
statements made herein are subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unsworn
falsifications to authorities.
R BERT A. RAPKIN,
Attorney for Plaintiff/
-- -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MICHAEL TROUTMAN,
Plaintiff,
V.
FORD MOTOR COMPANY,
Defendant.
CASE NO. 11-8535
ANSWER AND NEW MATTER
Q
3 x
z;
r- '°M
m
Zn a)
CD
s°
cn
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. Ford denies that this is an accurate statement regarding the purchase price
of the subject vehicle.
6. Ford denies that this is an accurate or complete statement regarding the
limited warranty applicable to the subject vehicle.
7. Ford denies that this is an accurate or complete statement regarding the
limited warranty applicable to the subject vehicle.
8. Ford denies that this is an accurate or complete statement regarding the
limited warranty applicable to the subject vehicle.
9. Ford specifically denies the allegations contained within this averment.
10. Ford denies the existence of any defects or non-conformities that
substantially impair the use, value or safety of the subject vehicle.
AS TO COUNT I
11. Ford repeats and reiterates its answers to the allegations of paragraphs 1 - 10 with
full force and effect as though more fully set forth.
12. 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. Ford denies that this is an accurate or complete statement regarding the limited
warranty applicable to the subject vehicle.
18. This averment constitutes a conclusion of law, to which no response is required.
19. Ford specifically denies the allegations contained within this averment.
20. This averment constitutes a conclusion of law, to which no response is required.
21. Ford specifically denies the allegations contained within this averment.
22. Ford specifically denies the allegations contained within this averment.
23. Ford specifically denies the allegations contained within this averment.
24. Ford specifically denies the allegations contained within this averment.
25. Ford specifically denies the allegations contained within this averment.
26. Ford specifically denies the allegations contained within this averment.
27. This averment constitutes a conclusion of law, to which no response is
required.
AS TO COUNT 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. This averment constitutes a conclusion of law, to which no response is required.
35. This averment constitutes a conclusion of law, to which no response is required.
36. Ford specifically denies the allegations contained within this averment.
37. This averment constitutes a conclusion of law, to which no response is required.
NEW MATTER
38. The subject vehicle does not have a non-conformity, defect or condition which
substantially impairs its use, value or safety.
39. Plaintiff failed to permit defendant a reasonable number of attempts to repair the
alleged non-conformity, defect, or condition, or otherwise failed to give defendant a reasonable
opportunity to cure the defect.
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, ES
I.D. #70882
213 Yates Avenue
Woodlyn, Pennsylvania 19094
(610) 689-8698
DATED: December 22, 2011
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 22"d day of December, 2011, to the below listed counsel by
United States mail, postage prepaid.
Richard Scholer, Esq.
KIMMEL & SILVERMAN
30 East Butler Pike
Ambler, PA 19002
FILED-OFFICE
Richard A. Scholer, Esquire g THE PROTHONOTARY
Identification No. 93331
KIMMEL & SILVERMAN, PI LI DEC 30 PM 12" 31
30 East Butler Pike CUMBERLAND COUNTY
Ambler, PA 19002 PENNSYLVANIA
(215) 540-8888
ATTORNEY FOR
PLAINTIFF
MICHAEL TROUTMAN
COURT OF COMMON PLEAS
Cumberland County
V.
FORD MOTOR COMPANY
NO. 11-8535
PLAINTIFF'S ANSWER TO NEW MATTER OF
DEFENDANT. FORD MOTOR COMPANY
38. 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.
39. Denied. The allegations of this paragraph constitute a conclusion of fact and/or
law to which no responsive pleading is required. However and to the extent there are any
allegations contained herein, such allegations are specifically denied and strict proof thereof is
demanded at the time of trial.
WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount
equal to the contract price of the subject vehicle, plus all collateral charges and attorney fees.
VERMAN, P.C.
By:
Ride;TA. Scholer, Esquire
Identification No. 93331
Attorney for Plaintiff
30 East Butler Pike
Ambler, Pennsylvania 19002
(215) 540-8888
VERIFICATION
Richard A. Scholer, 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 belief. This statement is being
made subject to the penalties of 18 Pa. C.S. Section 4904 relatigg to unsworn falsification to
authorities.
By:
kichar'd-A. Scholer, Esquire
Identification No. 93331
Attorney for Plaintiff
30 East Butler Pike
Ambler, Pennsylvania 19002
(215) 540-8888
CERTIFICATE OF SERVICE
I, Richard A. Scholer, 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:
SILVERMAN, P.C.
By:
kliN A. Scholer, Esquire
Identification No. 93331
Attorney for Plaintiff
30 East Butler Pike
Ambler, Pennsylvania 19002
(215) 540-8888
Date: 28th day of December. 2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Michael Troutman,
Plaintiff,
VS.
Ford Motor Company,
Defendant.
CIVIL DIVISION
NO.: 11-8535
RULE 4009.25 CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENA
c ? ?`j
-p 3
c? rv ---s
-r?
xM M
p M
ter- _ :la m
n C-1 -n
c cam
-r
As a prerequisite to service of subpoena for documents and things pursuant to
Rule 4009.22, Plaintiff, by Plaintiff's Attorney, certifies that:
1. A notice of intent to serve the subpoena was made U.S. First Class, Certified
Mail, Return Receipt Requested to Defendant on or about February 13, 2012,
with written notice and a copy of the subpoena attached thereto. A copy of
the written notice is attached hereto.
2. No objection to the subpoena has been received or will be made.
3. The subpoena that will be served is identical to the subpoena that is attached
to the notice of intent to serve the subpoena.
February 13, 2012
/r
Richard A. Scholer, Esquire
KIMMEL & SILVERMAN, P.C.
Attorney for Plaintiff
ROBERT M. SILVERMAN- O
CRAIG THOR KID-M EL- KIMMEL & SI LVERMAN
' Member, PA Bar
P
C
Member, NJBar •
•
'Member, DF_ Bar
Member, NY Bar
'Member, MA Bar 1-800-LEMON LAW
"Member, MD Bar
'Member, OH Bar www.lemonlaw.com
4 Member, MI Bar
'Member, NH Bar CORPORATE HEADQUARTERS
'Member, CTBar 30 E. Butler Pike
"Member, TNBar Ambler
PA 19002
Member, WY Bar
Member, DC Bar ,
P (215) 540-8888
Member, CA Bar F (215) 540-8817
WESTERN PA OFFICE, 210 Grant Street, Suite 202, Pittsburgh, PA 15219, P(412) 566-1001,F(412) 566-1005
NEW JERSEY OFFICE, Executive Quarters, 1930 E. Marlton Pike, Suite Q29, Cherry Hill, NJ 08003, P (856) 429-8334, F (856) 216-7344
DELAWARE OFFICE, 501 Silverside Road, Suite 118, Wilmington, DE 19809, P (302) 791-9373, F (302) 791-9476
CONNECTICUT OFFICE, 136 Main Street, Suite 301, Danielson, CT 06239, P (860) 866-4380, F (860) 263-0919
NEW YORK OFFICE, 1001 Avenue of the Americas, 12th Floor, New York, NY 10018, P (212) 719-7543, F (877) 617-2515
PLEASE REMIT ALL CORRESPONDENCE TO THE AMBLER OFFICE
January 24, 2012
Paul K. Russell
Dobis, Russell & Peterson P.C.
326 South Livingston Avenue
Livingston, NJ 07039
RE: Michael Troutman v. Ford Motor Company; 11-8535
Dear Mr. Russell,
JACQUELINE C. HERRITT'-
ROBERT A. RAPKIN'
ANGELA K. TR000OLI-
FRED DAVIS`
AMY L. BENNECOFF-'"
CHRISTINA GILL ROSEMAN" f
RICHARD A. SCHOLER'•
TARA L. PATTERSON'
W. CHRISTOPHER COMPONOVOx
TIMOTHY J. ABEEL, JR."
JACOB U. GINSBURG'
JOSEPH A. GENTTLCORE'
Please be advised that it is my intention to serve the enclosed Subpoena to
Produce Documents upon the service manager of Bob Ruth Ford. Also, enclosed please
find NOTICE OF INTENT TO SERVE SUBPOENA. Please contact me in writing to let
me know if you are willing to waive the twenty (20) day waiting period.
Thank you for your cooperation and courtesy regarding this matter.
Very truly yours,
z _!
Richard A. Scholer
RAS\jm
Enclosure
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Michael Troutman,
CIVIL DIVISION
Plaintiff.
VS.
NO.: 11-8535
Ford Motor Company,
Defendant.
RULE 4009.24 NOTICE OF INTENT TO SERVE SUBPOENA
Michael Troutman intends to serve subpoenas identical to the one that is attached
to this notice. You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the subpoena. If no objection is
made, the subpoena may be served.
Date:-
A. Scholer, Esquire
Richard
KIMMEL & SILVERMAN, P.C.
Attorney for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Plaintiff File No. i; D
VS. :
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things: _
???, v C e cs Cj 20 6FS ?CG?
1 i= H P S i?I ? U? L I- ?' Z Cl,
Amo, i, e t P-A (j co
at
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: 9l C {?? S'C?l'lC?fe?
ADDRESS: ?Cr ?.Pa?i I-1 ergN
A-wJ(.t r I PA_ c?/ CGZ
TELEPHONE: 2 1 h
SUPREME COURT ID # 3 -
ATTORNEY FOR: _ ?N? i?? 11 _
Date:--- ) )n 1 _ 10,
Seal f the urt
BY THE COUR
Prothonotary, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Michael "Troutman,
Plaintiff.
VS.
Ford Motor Company,
Defendant.
CIVIL DIVISION
NO.: 11-8535
RULE 4009.24 NOTICE OF
INTENT TO SERVE SUBPOENA
Filed on Behalf of.
Michael Troutman
Plaintiff
COUNSEL OF RECORD
FOR THIS PARTY
Richard A. Scholer, Esquire
PA ID# 93331
KIMMEL & SILVERMAN, P.C.
30 East Butler Pike
Ambler, PA 19002
(215) 540-8888
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the within Rule 4009.24 Notice of
Intent to Serve Subpoena was served on this 24th day of January, 2012, via Regular Mail,
to:
Paul K. Russell
Dobis, Russell & Peterson P.C.
326 South Livingston Avenue
Livingston, NJ 07039
Richard A. Scholer, Esquire
KIMMEL & SILVERMAN, P.C.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Michael Troutman,
CIVIL DIVISION
Plaintiff,
VS.
NO.: 11-8535
Ford Motor Company,
Defendant.
RULE 4009.25 CERTIFICATE
PREREQUISITE TO SERVICE
OFSUBPOENA
Filed on Behalf of:
Michael Troutman
Plaintiffs
COUNSEL OF RECORD
FOR THIS PARTY:
Richard A. Scholer, Esquire
PA ID4 93331
KIMMEL & SILVERMAN, P.C.
30 E. Butler Piker
Ambler, PA 19002
(215) 540-8888
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the within Rule 4009.25
Certificate Prerequisite to Service of Subpoena was served on February 13, 2012 via U.S.
First Class Mail to:
Paul K. Russell
Dobis, Russell & Peterson P.C.
326 South Livingston Avenue
Livingston, NJ 07039
?J
Ric and A. Scholer, Esquire
KIMMEL & SILVERMAN, P.C.
MICHAEL TR.OUTMAN,
Plaintiff
vs.
FORD MOTOR COMPANY,
Defendant
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
• PRNN~YT,VANIA
NO. 11-8535
NOTICE OF ARBITRATION HEARING
._ ,
..
. ,__
_ t
. _
._
NOTICE is hereby given that the arbitration hearing in the above matter is scheduled for
Thursday, December 6, 2012, commencing at 10:00 a.m., in the Second Floor Hearing Room, Old
Cumberland County Courthouse, Carlisle, Pennsylvania..
If any party desires a transcript of the proceedings to be taken stenographically by a court
reporter, the undersigned Chairman should be so advised on or before November 29. 2012, so that
appropriate arrangements can be made. The cost of the court reporter or any subsequently
transcribed record will be borne by the party requesting the presence of the court. reporter or by the
parties per stipulation.
This matter will be heard by the board of arbitrators at the time, date and place specified but,
if one or more of the parties is not present at the hearing, the matter may be heard at the same time
and date befo~•e a judge of the court without the absent party or parties. There is no right to a trial
de novo on appeal from a decision entered by a judge.
BOARD OF ARBITRATORS
. Ste hen Feinour, Esquire
Chairman
Date: October 31, 2012
Distribution List:
Robert A. Rapkin, Esq., Richard A. Scholer, Esq., Kimmel & Silverman PC, 30 East Butler Pike,
Ambler, PA 19022
Paul K. Russell, Esquire, Dobis Russell & Peterson PC, 213 Yates Avenue, Woodlyn, PA 19094
Robert A. Quigley, Esquire, Quigley Law Office PC, 1553 Bridge Street, New Cumberland, PA
17070
Louis J. Capozzi, Jr., Esquire, C'apozzi & Associates, PC, 2933 North Front Street, Harrisburg, PA
17110-1250