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HomeMy WebLinkAbout12-6779 ~, -~ ", ~_ , ,,. -,~ ~. ;~ , . ,q . 1 td ~ sir ~ . Dale Carr Plaintiff BMW of North America, LLC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ' ~ ~ ~ ~ ~ I IV ~ l 20_ Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTI-IER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 A ~.{,~ Q~}~1o~.9S~d a- / ~k,t~ I~ a3.3 ~ u-~a~a i DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Attorney for Plaintiff Identification No.: 53084 32 Parking Plaza Suite 700 Ardmore, PA 19003 215-665-7660 Dale Carr 231 Abrams Ave Carlisle, PA 17013 COURT OF COMMON PLEAS vs. BMW of North America, LLC P.O. Box 1227, Westwood, NJ 07675-1227 Cumberland COMPLAINT Plaintiff, Dale Carr, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing 231 Abrams Ave, Carlisle, PA 17013 2. Defendant, BMW of North America, LLC is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania with its principle place of business located at P.O. Box 1227, Westwood, NJ 07675-1227. BACKGROUND Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about March 22, 2012, Plaintiff purchased a new 2011 BMW 3`?8 XI (hereinafter referred to as the "vehicle"), manufactured and warranted by Defendant bearing the Vehicle Identification Number WBAPKSG52BNN81091. The vehicle was purchased and registered in the Commonwealth of Pennsylvania. The price of the vehicle, including registration charges, document fees, sales tax, but, excluding other collateral charges not specified, totaled $40,190.90. 6. Plaintiff avers that as a result of the ineffective repair attempts made by Defendant through its authorized dealer, the vehicle cannot be utilized for the purposes intended by Plaintiff at the time of acquisition and as such, the vehicle is worthless. In consideration of the purchase of the above vehicle, Defendant, issued to Plaintiff several warranties, fully outlined in the warranty booklet. 8. On or about ,Plaintiff took possession of the above mentioned vehicle and experienced nonconformities, which substantially impaired the use, value and/or safety of the vehicle. 9. Said nonconformities consisted of but was not limited to, stalling. Copies of repair receipts are attached hereto and marked as Exhibit "A". 10. The nonconformities violate the express written warranties issued to Plaintiff by Defendant. 11. Plaintiff avers the vehicle has been subject to repair more than two (2) times for the same nonconformity, and the nonconformity remains uncorrected. 12. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the defendant on numerous occasions. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 13. In addition, the above vehicle has or will in the future be out of service by reason of the non-conformities complained of for a cumulative total of thirty (30) days or more. 14. The vehicle continues to exhibit defects and nonconformities which substantially impair it's use, value and/or safety. 15. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and/or nonconformities and/or conditions for which the Defendant and or it's authorized service center, may not have maintained records. 16. Plaintiff has been and will continue to be financially damaged due to Defendant's failure to comply with the provisions of its' warranty. 17. Plaintiff seeks relief for losses due to the nonconformities and defects in the above mentioned vehicle in addition to attorney fees and all court costs. COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW CLAIM 18. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 19. Plaintiff is a "Purchaser" as defined by 73 P.S. X1952. 20. Defendant is a "Manufacturer" as defined by 73 P.S. §1952. 21. Plaintiffs vehicle is a "New Motor Vehicle" as defined by 73 P.S. §1952. 22. Said vehicle experienced non conformities within the first year of purchase, which substantially impairs the use, value and safety of said vehicle. 23. Defendant failed to correct and or repair said nonconformities. 24. The vehicle continues to exhibit defects and nonconformities which substantially impair it's use, value and/or safety. 25. Defendant does not require participation in any informal dispute settlement program prior to filing suit. 26. As a direct and proximate result of Defendant's failure to repair the nonconformities ,Plaintiff has suffered damages and, in accordance with 73 P.S. § 1958. Plaintiff is entitled to bring suit for such damages and other legal and equitable relief. 27. Plaintiff avers that upon successfully prevailing upon the Lemon Law claim herein, all attorney fees are recoverable and are demanded against the Defendant. WHEREFORE, Plaintiff respectfully demands judgment in his favor and against the Defendant in an amount equal to three (3) times the purchase price of the subject vehicle, plus all available collateral changes and attorney fees. Amount not in excess of $50,000.00. COUNT II MAGNUSON-MOSS FEDERAL TRADE COMMISSION 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 is a "Consumer" as defined by 15 U.S.C. §2301(3). 30, Defendant is a "Warrantor" as defined by 15 U.S.C. §2301(5). 31. Plaintiff uses the subject product for personal, family and household purposes. 32. By the terms of the express written warranties referred to in this Complaint, Defendant agreed to perform effective warranty repairs at no charge for parts and/or labor. 33. Defendant failed to make effective repairs. 34. 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. 35. Section. 15 U.S.C. §2310 (d) (1) 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. 36. Plaintiff avers that upon successfully prevailing upon the Magnuson-Moss claim herein, all attorney fees are recoverable and are demanded against the Defendant. WHEREFORE, Plaintiff respectfully demands judgment in his favor and against the Defendant in an amount equal to three (3) times the purchase price of the subject vehicle, plus all available collateral changes and attorney fees. Amount not in excess of $50,000.00. COUNT III UNIFORM COMMERCIAL CODE 37. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if fully set forth at length herein. 38. The defects and nonconformities existing within the vehicle constitute a breach of contractual and statutory obligations of the Defendant, including but not limited to the following; a. Breach of Express Warranty b. Breach of Implied Warranty of Merchantability; c. Breach of Implied Warranty of Fitness For a Particular Purpose; d. Breach of Duty of Good Faith. 39. The purpose for which Plaintiff purchased the vehicle include but are :not limited to his personal, family and household use. 40. At the time of this purchase and at all times subsequent thereto, Plaintiff has justifiably relied upon Defendant's express warranties and implied warranties of fitness for a particular purpose and implied warranty of merchantability. 41. At the time of the purchase and at all times subsequent thereto, Defendant was aware Plaintiff was relying upon Defendant's express and implied warranties, obligations, and representations with regard to the subject vehicle. 42. Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendant to honor its express and implied warranties. 43. Such damages include, but are not limited to, the purchase price of the vehicle plus all collateral charges, including attorney fees and costs, as well as other expenses, the full extent of which are not yet known. WHEREFORE, Plaintiff respectfully demands judgment in his favor and against the Defendant in an amount equal to three (3) times the purchase price of the subject vehicle, plus all available collateral changes and attorney fees. Amount not in excess of $50,000.00. COUNT IV PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 44. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if set forth at length herein. 45. The Unfair Trade Practices and Consumer Protection Law defines unfair methods of competition to include the following: (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. 46. Plaintiff, as a Pennsylvania resident, believes, and therefore, avers Defendant's failure to comply with the terms of the written warranty constitutes an unfair method of competition, 47. Section 201-9.2(a) of the Unfair Trade Practices and Consumer Protection Law, authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations of the Act. WHEREFORE, Plaintiff respectfully demands judgment in his favor and against the Defendant in an amount equal to three (3) times the purchase price of the subject vehicle, plus all available collateral changes and attorney fees. Amount not in excess of $50,000.00. DAVID J. GORBERG &,A,~SOCIATES, P.C. BY: ~ `~ .BERG, ESQUIRE for Plaintiff VERIFICATION The undersigned verifies that the Civil Action Complaint is based on information furnished to counsel in the preparation of his/her Lemon Law and/or Breach of Warranty lawsuit. The language of the Civil. Action Complaint is that of counsel and not of signer. Signer verifies that the information supplied to counsel is true and correct to the best of his/her knowledge, information and belief. The contents of the Civil Action Complaint is that of counsel and not of signer. This verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dale Carr Date; 09/04/2012 _ ! ~Y ~~~i~i R Sd~ ^ 1R !~ ~Y 1 ~~ Ii(~St1h~'?'r4 '-pike C' F'' K, 71 ?'-569-4?G.~i p~t~t~ i 7i'r-56~-273fi ~a~c ~.~ ~; ~V PLEASE ENTER MY ORDER FOR THE FOLLOWING """` ""' ` ti®NEWor ^USED ^DEMOXX jCAR ^TRUCK USER L1ALE FRANKLIN CARR SV 3j2rr/1~? _ YR. MAKE MODEL TYPE STREET i:',~;1 ~iM1+7 3~s;(I SDhi 231 ABFtAMS AVE i COLOR TRIM MILEAGE CITY STATE DP '3~r: SAFPi-f MET ]YSTER 6LK 2.7 CARLISLE PA 1?013 VW PHONE Re PHONE Bus. ~. ~ r! fj rti P K 5 G . '5 k3 ~.- N $ `1 0': 9 ~ 17 752-$2fi1 { 717) 752 -8~'.5I , , . STOCK NO. SALESMAN TO BE DELNERED ON OR ABOUT PRICE C)F VEHICLE 3ik?SL iJBERi' P HQWRY I~.I 39400.00 YR. MAKE ~ MODEL- TYPE c011x ACEli~A MD?t SW COLOR TRIM MILEAGE 3iACK. ECHNQLOGY PKG 39L57 VIN ? ii N Y 0 2 I~:. ,+5 . ~, A ti 5 !~ 3 5 b 7 TITLE NO. PLATE NO: - EXP. DATE 57.~+54E3394Er~2 NG3630 9 30 2012 GAp 300.0(3 OWNER LOANM ~A_E Fi2Al~KLi11 CARR IV 2138700159 LIENHOLDER pHOpiE ~1E[`dFSER~ r I1t'ST CiJ 800 283-2.i2$ IDCTENDED ADDRESS SPOKE WITH SEt~VtCETYPE K~A :~l7t4t7f~ L CtUISE fJR MONTHS NSA MILES NjA AMOUNT GOOD TILL PER DIEM VERIFIEDBV 39820, 70 3 3 2 Gash Price of Vehicle & Accessories 3971bt3 <00 .. < - Sa1eS Tax 307.:50 NAME OF AGENT .. ~ -PFIOI~E REGISTRATION TtiL~ TRANSFER ENCLiMBFiAN~.CE 3Fiti£MAKER INS ,AUCY 717 776-7229 ~I/A - 22.af~ 6.00 5.00 33.50 ADDRESS D©t:urtter-tary Fee 1.29.1x13 :15 E;AiRFiELD ST NEbNILLE PA 17241 n Mess F POLK:V NUMBER ISKN7 DED COLI T 8l e ger ee ~ ~/~' . 1 UC E . ~fi3Tt 07762I N A Notary Fee NSA INSURANCE CO. SPOKE WITH .On`LinB~: RegiSttatlon Fae 15 90 ~tATIONWIDE _ < EFFECTIVE DATE EXP. DATE vERIFlED BY Qn~Line pealerFee NSA 31 L 7 0 2 PA TireTax 5< 00 FACTORY WARRANTY • The ~Y'r otxRMutaa YI d thawatrantlea wNh raped Iti-the sale of tllfa - demhtems. The seller hereby e~reesly dechims aY warrargies, eitller elPreseed of Impfed Irxiudtp aryr implied rrartanry of rnardlarMabllity a Alr>ass br a parriditar purpose.: and the aster rslltllsr assumes tla autgrizes arty other person to assume br11 any 1atllAty fn oonlectlbn with the sale d tl>Ie Nertviterts. ^ USED CAR WARRANTY - Used car is covered by a inked wartanry defalled In a separaaAe document. ^ AS IS -This rtator vehicle 's sob "AS IS" widqut any wartarlry eltl>ar elglressed a irtlptied. The Purrhaser wAl bear the entire e>~ense of repeirinp a careding arty defied .that presently e~uata a that may ocaa rn TOtal PriC@ 40290 the veNcle. .90 PURCHASER'S r Trade-Irt SIGNATURE X ., 34fi75 ~ ~~ ,,~ USED CA CONTRA L Dl SURE STATL'-lYIENT Amourd Less Payoff 39820 70 " '~ THE INFORMATION YOU SE8 ON THE WINDOW FORM FOR THIS.. ` te rti VEHICLE IS PART OF THfS CONTRACT. INFORMATION ON THE' ~`~01°"0f Net Trade In . WINDOW FORM .OVERRIDES ANY CONTRARY PROVISIONS IN THE. -5245 : ,,~ CONTRACT OF SALE. Deposit N If you cancel this purchase agreement or refuse to take delivery of the vehicle SA ~ ordered,. except. as permhted by law, you -shall, at our option,. forfeR as damages Cash Dell ~ 1$c~.0 ' ` the amount of $ PURCHASER'S ~ ' 7 de +D~sit'+y = TOta1 Down-RB~1Rletlt SIGNATURE X , .. - ,, ;, , -3625.73 f'ueaossr mne.ow.aew.. Ur1~~f~ $tldil3fti:e t3~'••t1tAt P~ice_ Purchaser agrees that this order incitxies all of the terms and.. conditions on bot h the face and rt~verse side hereof, that this order cancels anti supersedes any prior agreement and as of the date hereof .comprises the complete and exclusiv e statement of the terms of agree nt relating to the subject matters covered hereby. This osier shall not become binding until accepted by the dealer or his authorized representative You e u er may cancel this contract and receiva a ,full refund anv time before receipt of a copr of this t~ntract siyned by ah authorized dealer representative ? ivi written notice of cancellation to the dealer. Purchaser t>y his ex Lion f this order aGm ledges that he has read its terrnsand conditions and:has race' a copy of this order PURCHASER'S r .' , SIGNATURE x Q '~__~~~'f ~ DATE,. „y~fiL '~~t~- ~ ACCEPTED BY r DAT MS AUTHORIZED REPRESENiATiVE y The Reynolds end Reynolds Company R081<062 Q (TNy) ~~~~i~r1 ~~rvices A~ f -~ i~~e,Rata:l Instafl~ent contract - fa l~ r t.,~~~~~:: r, s r~rt~? i ~; (~ur1e County and Zip Code) ~~~ ,~~t~hf`> ra'u~ }„~~„~{, Z G;;t ! !t1c t:~dl'fP1 F'1 !~`ils. BAildtess (if different) Name a ~,;_)t t. r.i} >: r iM Address `~ 4i~ f~#~,F~i # ni }: t F k. ,,rtt •L'.~I~F! ~ ,. ~ •0^. ~ P~ ~v 1 ' DATE OF CONTRACT ti 1.:`.,~ ;t'~ + :.'. This Motor Vehicle Retail Installment Contract ("contract") is entered into between the buyer(s) ("Buyer") and the .seller. ("Seller") named above. Unless othenriri;3e specified, "I", "me" and "my"..refer to the Buyer and-"you" and'~rour" refer to the. Seller orSeNer's assignee. "Veltiicle" refers to the vehicle described bekntr.' I promise to pay SeNer the total of Payments in accordancewith the Payment Schedule shownbelow. i acknowledge that 1 am purchasing the Vehicle from Seller on an installment basis and accept the Vehicle in its present condition, including atiits equipment, parts and accessories. -__~ ~ New Year Make Model Vehicle Identification Number Odometer Reading oral Use dUsed „~~ ~,~;:~ r Matt l ,r..~,;~i~liP•1>;2'r~=: ^BusinessUse OTelephone ^ CD Player ^ ( specify) ^ (specify) ^ (specify) 1. PERCENTAGE 'PiNANCE CH Amount F=financed Total of m Pay ants TotakSale Price RJ1TE The dollar amount the credit The amount of credit The amount twill have paid ' The'totalcost of my The cost of my credit as a wiN cost tae. provided to me or on my after I have made all pay- purchase on credit, including yearly rate. behalf. meats as scheduled. my downpayment of 96 $ e $-.~ 31~ 4' ~~ijsg $ iF;ri t.' hart, e $ •;Lt4; ,,_. , .i.r e ., . ., ... .. Number of Paynrelats Amount of Payments When Payments Are Due .. Monthly, beginning i.,,, : ~3 __ . 1 Saibon Payment (if applicable) F, a 4T 7w ~ t'~ Y M+ s ,t/"i S. ~, i~' ~"c: ~ ~ L'C~ ~: iiRITY. lam giving a security intent in the Vehicle. ~i ,t ~ t M ~w > f : 7'v. Fi ~ tii.~ J L b` v la`e~ r ~,,~ ~" t . p;IARGE.' If all or any portion of a payment is more than 10 days late, I will be charged 2% per month of the past due amount. ~ ~~ ~. • f~~1tt1E1V7: ff I pay off this Contract early; I w~l not have to pay a penalty. ~ : ~ I?lease read this Contract, inch~ding the reverse side,- for. additional information on security interests, nonpayment, default, and the right to require t in fuU before the scheduled maturitydate. ~. meet my contract obiigatiorts, 1 may lose'the Vehicle, any proceeds of the Vehicle, he loss proceeds of any vehicle insurance, or any ~:,~a , .: cenceHation refunds or rights of any senriee or mechanical breakdown protection contract if the cast-is included under this Cantract.if I pay off this I wUI not have to pay a .penalty and, because this is asimple-interest. Contract, I am not entitled to a rebate of finance charges. in the event you > _ ;you may,, but are riot required to reinstate-the Contract artd return-the Vehicle to me; provided that 1(1) pay all past due installments, ;~'rarges, cost of suit; under the Contract and, 'If default at the time of repossession exceeded 15 days, expenses of retaking, repairing and ' .. or (2) agnae with y9u on mutually satisfactory arrangements. ae of Vehicle and`Accessories $ ~'sith+ ~. ) #t ',~ + to t~ ,,.. Ot'` + ~, .. ~` ~ ~.~'`~i.,.+„~...~tb- Puff $ 3';;#i"'~ 'j:-i { f _ . ,~ "'Y ` 1: + 1 _ '~ to Seller + r.: a ~QA ~ ~~h_, + s~.n (5) Total I~UYIR1 .. _ S~i'~`~~. _ 'fi'r, Kt~;~ i~r ..C3 (.%Sti';) I. AMOUNT'S PAID TO OTHEI2S.Ot~ MY BEHALF (1) To Insurance Companies For:. (a) Credit Life/t3isabi~i#y Insurance + t: ' • i (b} Other Insurance (Describe) 1~ 1, ?s ("r_ r. f;i f.S .i f.s .i Vii. ~:~«:~ t4f Terra mo. (2) To Public Officials: (a) License, Title, and Registration Fees $ • :~? t.,z i (b) Fikng Fees + ; ~'- Yi; (c}Other.OfficralFees (Describe). + ~`'~ ;:a.' ~=.r„ti I'r3t~ 41~ eY b F r (3) Other Charges: (a) To !# r'r ~ .For Service Contract + "f ~~ (b)To i~tl~t+ll;;tf4t3 -For. rlf~x. it~la)i++' '.i,.l,~ (c) To r1 .' ry For Ff "±~ + rf:' ~! (d)To _ ta;~~, For [af ;. + 1+;'~ (e) To i z~klf E t~E t~ :~~or x't: ;~ . t l + 1 s.':y . ?~r~i V vMlMJrv W CHl ~ H Vr rt IvIVJ r l V NMH Htb15 ~ F1H ~ IV N I:HtUtN.I WL EXPIRY: SEP 30, 2012 VALID: 05/30/12 PLATE: NOLINIT TITLE: 70582120401 CA VIN: NBAPK5C52dNN81041 YR/MAKE: 201i BNk TYPE: SDN MID: 12125 5315 000394-001 EMISSIONS INSPECTION REQUIRED/DIESEL VEHICLES EXEMPT COUNTY: CUMBERLAND DALE FRANKLIN CARR IV 231 ABRAMS AVE CARLISLE PA 17013 ~IGNAT E I hereby acknowledge this day that I have received notice of the prove wns of Setlion 3709 of the Vehick Code. ' ~ -, I INIII Ilili III i~ Ill ~~ ~I~ III ~I~I ~i VIII till I IIII INII III IIII OlO1IBMCS78355 522878 DALE FRANKLIN CARR IV 231 ABRAMS AVE CARLISLE, PA 17013 dalefc4@comcast.net ~MCS78355 1530 Manheim Pike Lancaster, PA 17601 Phone (717) 569-4BMW www.faulknerbmw.com ]EREMY 5 04/03/12 BMC578355 11/BMW/328XI/4DR SDN SuLEV 03/22,/12 W B A P K 5 G 5 2 B N N 8 1 0 9 1 56770 HHG3630 1,209 BLK SAPPH M 81091 717-752-8261 717-752-8261 JOB# I CHARGES-------------••---•---------•-------•------•-•---------•------------.......-•--•- J# 1 46BMZ08 4 WHEEL ALIf~IMENT TECH(S) :635 IJO~RRANTY OWNER STATES STEERING WHEEL IS OFF CENTER VERIFIED -OFF TO LEFT VEHICLE STEERS TO THE RIGHT WHEN STEERING WHEEL IS CENTERED PERFORMED 4 WHEEL ALIGNMENT ADJUSTED FRONT AND REAR AXLES. VERIFIED CORRECT OPERATION ON ROAD TEST JOB# i TOTALS--------------•---•--.......---•--------------•---------.... JOBS i JOURNAL PREFIX BMCS JOB# 1 TOTAL 0:00 JOB# 2 CHARGES ..................... .._.............--•-- - LABOR._......----•--------------------•----...--------------------•---------------- __ J# 2 4SBMZZI STEERING .CONCERN °TECH(S}:635 0_.00 C/S: OWNER STATES STEERING WHEEL IS OFF CENTER -MADE APPOIN TMENT WITH 396 MILES ON VEHICLE SEE LINE 1 JOBS 2 TOTALS--------•-------------•-----------------------------•---.._. JOB# 2 JQURNAL PREFIX BMCS JOB# 2 TOTAL 0.00 ESTIMATE---• ............................•----..._._._.....-------...........-•--•-- CUSTOMER HEREBY ACKNOWLEDGES RECEIVING ORIGINAL ESTIMATE OF S0.00 (+TAX) COMMENTS--•--------------------------------------•---•-------•-•-----------•-------- CUSTOMER REQUESTED A LOANER CREATED 2012-03-27 04:54:OOPM TAKEN BY JEREMY SHENK DELETED OPERATION(S) .....................•---......._.._..._..._._.__....._._.._..-- BSBMZI3 SOUND SYSTEM 04/03/12 w ~- n ~T v 00 w 27 M0: 1215 Service Hours• Monday - Fr[day• 7:30am to S:OOpm Pick Up Hours: PAGE t OF 2 ACCOUNTING COPY [CONTINUED ON NEXT PAGE] 09:73am Monday -Friday 7:30am to 7:30pm Saturday 9:OOam to 3:OOpm sFaxsos o ~asn» ~MCS78355 ~ 1530 Manheim Pike n Lancaster, PA 17601 y Phone (717) 569-4BMW www.faulknerbmwcnm ~ 11111111118INN ~NI pIN till INI IAN NI VIII IBII III INII NII IIII OlO1ZBMC578355 522878 JEREMY 5 04/03/12 BMC578355 DALE FRANKLIN CARt2 IV HHG3630 1, 209 BLK SAPPH M 81091 231 ABRAMS AvE 11/BMW/328XI/4DR SDN SULEV 03/22:/12 27 CARLISLE, PA 17013 W B A P K 5 G 5 2 B N N 8 1 0 9 1 56770 da7efc4@comcast.net 04/03/12 717-752-8261 717-752-8261 TOTAIS------•---•--•-•-------------------------------------------------------------•----•-----•- ************************************************ TOTAL LABOR.... 0.00 * [)CASH [ ]CHECK CK # [ ] * TOTAL PARTS.... 0.00 * [ ]VISA [) MASTERCARD [ ]DISCOVER * TOTAL SUBLET... 0.00 * [ ]DEBIT [ ]AMEX [ 7 A/R CHARGE * - TOTAL G.O.G.... 0.00 ***~'~.****************************************** TOTAL MISC CHG. 0.00 THANK YOU FOR CHOOSING FAULKNER!! TOTAL MISC DISC 0.00 TOTAL TAX...... 0.00 Visit us at faulknerbmw.com 24/7 to schedule your next -------- service appointment. shop for parts & accessories. and TOTAL INVOICE $ 0.00 search our current inventory. .. all at your convenience! NOW OFFERING...EXTENDED Saturday s2rvice hours. Sam-4pm ************************** DUPLICATE I N V O I C E PAGE 2 OF 2 ACCOUNTING COPY [ END OF INVOICE ] 09:13am MO: 1215 Service Hours Monday -Friday 7:30am to 5:OOpm Pick Up Hours: Monday -Friday 7:30am to 7:30pm Saturday 9:p0am to 3:OOpm srexwao tt~'~~i T,q t ~ 1= !+ LL ~ (t.n ~ l r A14 LlCT C _ A l BMW f Y k ~e .ap or ® e o 6/20/12 6309347/ 1370 Roosevelt Ave. - York, PA 17404 SERVICE DEPARTMENT HOURS R/O Cbse Date Status 717) 849660 - 1-886-238-5441 7:00 a.m. to 7:00 p.m. Mon - Thur 6 / 21 ~ 12 Reprint www.applebmwofyork.com 7:00 a.m. to 5:00 p.m. Friday - Mica a In M(I Out ~ 8:00 a.m. to 4:00 p.m. Saturday ~ 5 6 8 3 5 6 8 4 ~ Service Advi sor / T # b SCOTT GABLE D Work Ptwne Vehicle dentiticatial Number 1 ABRAMS AVE WBAPK5G52BNN81091 CARLISLE, PA 17013 Home one D ate In-Service Date 717-752-8261 Year Make Model Cnbr License Number 2011 BMW 3 SERIES 4DR SDN 328I XDR DESCRIPTION OF SERVICE AND PARTS AMOUNT 1 - MR Customer Reports: C STATES CAR HAS VERY ROUGH IDLE AND WANT TO STALL ESPECIALL WHEN IN REVERSE, CHECK AND ADVS E. Caused by TEST DROVE VEHICLE AND DROVE FINE. CONNECTED CHARG ER AND SCANNED FAULTS. NO FAULTS STORED. WAS NOT A BLE TO LOCATE ANY SIB. CONNECTED VEHICLE TO ISTAP AND NO DME SOFTWARE UPDATES ARE AVAILABLE. TESTED FUEL, PASSED.. Work performed by BRIAN SALTZGIVER(740) Warranty #2 - MR CCW: COURTESY CAR WASH Work performed by DEREK MINNICK{352) Internal Work performed by DEREK MINNICK(352) Internal #3 - MR WMPI: COMPLETE MULTIPOINT INSPECTION OF VEHICLE Work performed by BRIAN SALTZGIVER(740) Sub Total: Labor: .00 Parts: .00 Total: .00 #4 - MR LOANER: SUPPLY CLIENT OF BMW LOANER VEHICLE FREE OF CHARGE Work performed by BRIAN SALTZGIVER(740) Sub Total: Labor: .00 Parts: .00 Total: .00 #5 * MR Customer Reports: CUST STATES NAV SYSTEM DOES NOT DISPLAY ICONS FOR BMW CENTERS, GAS STATIONS ECT. ALSO PLEASE SEE IF THERE IS AN UPDATED DISC '~ AVAILABLE. Work performed by BRIAN SALTZGIVER(740) Warranty ikA.S: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. "1 hereby aulhodze Ire repair LABOR k hereinafter to ba done along wflh the neoeasary material artd agree tttet you ere not maids for loss or damage to vehicle or artldes felt M the vehicle to ease W ftre, tlrdt. or any PARTS r rouse beyond yow control or for any delays roused by tnavail~rYity of parts ar delays M DEDUCTIBLE x ahipmenb by the suppgar or VarupoAer. I hereby grant you or your employees permlasion to rate Cre.vaMde hereto descaibed an streets. Mghways, or elsevrltero for the purpose d testing SUBLET Ja inspectlon. An express mechanics Ilan is hereby acknowledged on above vehide to aetwe amount of repairs thereto' SHOP SUPPLIES (~.AIMER OF WARRANTIES. Arty warranties on gfe products add hereby are thine made by manufachner. The seder hereby exlxessN disdalms ag werranasa either expess or. impasd, .dxrg any Ynplted warranty of merchentadery or atnesa for a partla/ar purpose, sod the seder 'ier acsumas nor authorizes arty Blur pareon b asaume far fl arty Ilabidry In carnedlas with the d said products. Any Ilmitaaar contained herein does oat apply where prohidtad by law. TOTAL DUE l NO RETURN ON ELECTRICAL OR SAFETY ITEMS OR SPECUIL ORDERS I x A l BMW f Y k w0 o Date wo Number pp e o or ~ 6/20/12 6309347/ 1370 Roosevelt Ave. - York, PA 17404 SERVICE DEPARTMENT HOURS RIO Cbse Date Status (717) 849-6660 - 1-888-238-5441 7:00 a.m. to 7:00 p.m. Mon - Thur 7 00 t Frid 5 00 6 / 21 / 12 Reprint : a.m. o p.m. : ay www.applebmwofyork.com 00 4 8 00 S d M~~ a !n Miles a Out a.m. to : atur : p.m. ay ~ 5683 5684 O~ j Service Advi sor / T # I SCOTT GABLE Work Phone Vehicle Identification Number 231 ABRAMS AVE WBAPK5G52BNN81091 CARLISLE , PA 17 013 Home Phone ante Date In-Service Date 717-752-8261 Year Make Model Cokx License Number 2011 BMW 3 SERIES 4DR SDN 328I XDRI C DESCRIPTION OF SERVICE AND PARTS AMOUNT QUOTED $199.00 TO INSTALL. iMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. 9 hereby wMadza ere repair ' LABOR k herekfaflsr to bs done along with tM necessary matedal and agree ilret you am rat omsibie for loss ar damage b vehlde or aNdes IOR M the vehlde in case d tire, then a enY PARTS ar cause beyond ya,r cantrd ar for arty delays esused by utavaitsbilily d pare a delays in is shipments by Cre suppler or lrancpoAer 1 hereby grarN or our em o lo ermission to ees DEDUCTIBLE . y u y p y P rate the vahiele herein daaa~ed on strata. highways. a siswMere for the purpose d tesWg ' SUBLET l!ar Inspection. M express mechanic s ten b nenby adcnoialedged an above vehids b sewn amount d rapeus thereto.' SHOP SUPPLIES CLAIMER OF WARRANTIES Arty warranties on the herb roducts sdd a e th e d b HAZARDOUS MATERIA! . p y r ma os e y manufsdunr. The solsr hereby exproaely diadaima al werrarHba either express a Impllad, SALES TAX OR TAX I.D. udMa arty imWb wMrsrAy d mardienleblaty a Atroaa ror • partlcWar purpose, and pre sorer her assumes nor auttaAZaa any oMer parson b assrxns for it arty labilty h comecticn with ti» SPECAL ORDER DEPOt r d said product. Arty Iknifation contained herein does not sppy when prohibited by law. DISCOUNTS TOTAL DUE ~ NO RETURN ON ELECTRICAL OR SAFETY ITEMS OR SPECIAL ORDERS. X a o~ y~ CUSTOMER #: 60393 DALE CARR 231 ABRAMS AVE CARLISLE, PA 17013 HOME:717-752-8261 CONT:717-752-8261 BUS: CELL: 165762 *INVOICE* BMW SUN MOTOR CARS BMW 6691 CARLISLE PIKE PRGE 1 MECHANICSBURG, PA 17050 (717) 697-2300 • (800) 470-8133 SERVICE ADVISOR: 655 ED BELECK COLOR Y AR' M K / ODfL LIGENS IDEA El'/OUT AG BLACK 11 BMW 328xi S WBRPK5G52BNN81091 10929 10930 T2375 DEL DATE PROD,I.DATE N/ARR: EXP. PROMISED PO NQ. RATE PAYIJIENT _-INV, DATE ' 22MAR12 D 22MAR201 17:00 17AUG12 110.00 CASH 2OAUG12 R.O. OPEN ED READY OPTIONS: ENG:3.0 Liter 07:16 17AUG12 15:24 20AUG12 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A CLIENT STATES AT'COLD'START WHEN COMING`TO A STQP'TO G© INTO REVERSE THE CAR STARTED SPUTTERING AND SHAKING WHICH WAS WHEN THE CAR WAS ON RESERVE. .THE CAR IS NOW DOING IT WITH FULL TANK>OF GAS..INTERMITTENT CONCERN. .DOES IT AT IDLE AS WELL CAUSE: Cold start Drop in engine speed 0000006 Performing vehicle test (with vehicle diagnosis system)... 829 WB 0.04 (N/C) 6121528 Charging battery (at support point in engine compartment) S'29 WB 0.01 (NjC) , 1331529 Checking delivery pressu>te ~f fi~~;~;~,,pump 82'9 WB O.OS { (N/C) 1399000 DIAGNOSING CONCERN AND TPI~.1~~ A FUEL.:;.... 'SAMPLE ',,....m m; '- 829 WB 0.03 (N/C) FC: 10110Q'4700 PART#: COUNT. -' ~_, _ ;. CLAIM TYPE: ~. AUTH CODE `.. --rr..~..t. ,.~.Y..~: PARTS,: 0.00 LABOR: 0.00 OTHER: 0.-00 -TOTAL LINE A.: 0.00 10929 BROUGHT VEHICLE IN SHOP 8/17, UNABLE TO VERIFY COMPLAINT OF SPUTTERING IN REVERSE.. HOOK TO CHARGER, VOLTAGE 12.4 VOLTS. CONNECT TO TESTER AND PERFORMED VEHICLE TEST. NO FAULTS STORED IN DME INDICATING MISFIRE CONDITION OR COMPONENT FAILURES.-LET.VEHICLE SIT OVER WEEKEND AND TRIED MORNING 8/20. WAS ABLE TO DUPLICATE CONCERN. WHEN PUTTING VEHICLE IN 12EVERSE AFTLR WARM-UP PHASE IDLE WAS RQUGH AND CAR SHAKING. ALSO NOTICED IDLE DIP AND RECOVERY. NO FAULTS WERE SET AS A RESULT OF OPERATING CONDITIONS STILL. AFTER AWHTLE'WAS ABLE 'TO NOTICE SHAKING IN DRIVE AS WELL. HOOK UP FUEL PRESSURE GAUGE AND CHECKED FUEL PRESSURE. STEADY 5$AR FUEL PRESSURE WHILE AT IDLE Old III DRIVE GEAR. CHECKED FUEL QUALITY FOR ALCOHOL CONTENT _ 2 REAT)TN(tR Rf)TH Ru(1WT+'T1 T3F.TWRb'N , ~ nrm , sa SUN MOTOR CARS BMW STATEMENT OF DISCLAIMER LR~SCRIP7[pN,u TOTALS OUR POLICY The factory warranty constitutes all of the n i i h LABOR AMOUNT warra es w t t respect to the sale of this itemlitems. The ll PARTS AMOUNT We be/ieve strongly in fast, BMW courteous, efficient service and Se er Hereby axpreasly dlaClelms all warranties either express or GAS, OIL, LURE BMW pride ourselves on repairing your implied, including eny implied warranty of merchantability or SUBLET AMOUNT car properly the first time. fitness for a particular purpose. Seller neither assumes nor MISC. CHARGES We try sincerely to handle all service work honestly, and at a f i i ! $h l authorizes any other person to assume for it any liability in TOTAL CHARGES a r r ce OU d p you ever have a question regarding OUr work lease feel free to b i it connection with the sale of this itemfitems LESS DISCOUNT , p r ng to Us. . SALES tax Thank You! CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT SUN MOTOR CARS BMW IS DOING ITS PART TO SAVE THE ENVIRONMENT BY RECYCLING. CTTRTOMF.R CnPY -~ L. ~ 0 1 CUSTOMER #: 60393 DALE CARR 231 ABRAMS AVE CARLISLE, PA 17013 HOME:717-752-8261 CONT:717-752-8261 BUS . CRT,T, 165762 *INVOICE* gMW SUN MOTOR CARS BMW 6691 CARLISLE PIKE PAGE 2 MECHANICSBURG, PA 17050 (717) 697-2300 • (800) 470-8133 SERVICE ADVISOR ~S~ Fn n>±r.>ru CO 0 YEAR. ' A E/ 0 L L SE MILEAGE INl OU TAG BLACK 11 BMW 328xi S WBAPK5G52BNN81091 10929 10930 2375 DEL DATE PROD. DATE WARR. EXP. PROMIS ED PO NO. RATE PAYMENT' 'INV, DATE 22MAR12 D 22MAR201 17:00 17AUG12 110.00 CASH 2OAUG12 R.O'.OPEN ED READY' OPTIONS: ENG:3.0 Liter 07:16 17AUG12 15:24 20AUG12 LINE OPCODE TECH TYPE HOURS___ LIST NET TOTAL PERCENT ALCOHOL COATTENT'. SUSPECT POOR FUEL QUALITY CP:TJS'ING RUNNING ISSUE. CUSTOMER DOES USE PREMIUM FUEL AT LARGE STATIONS (TURKEY HILL, SHEETZ, BUTTERS). RECOMMEND USING AS MUCH FUEL AS POSSIBLE IN TANK AND FILLING WITH A DIFFERENT STATION (EXXON, BP, SHELL, ETC) TO CHECK RESULTS. **************************************************** B' Complimentary-CAR WASH and VACUUM performed ($15>.00 Value) . 700 Complimentary CAR WASH and VACUUM performed ($15.00 'value). 829 CP 0.00 0.00 0.00 PARTS: 0.00 LABOR: 0'.~fl OTHER-.--- 0.00 TOTAL LINE B: 0,00 C LOANER VEHICLE PROVIDED FREE OF CI~iA~E THE-.NIGiIT BEFORE FOR aUR VALUED CLIENTS 704 LOANER VEHICLE PROVIDED '~sE.:,~'~HARGE:~'~_ NIGHT BEFORE FOR OUR VA~,`(JED ~'~E,;~ENTS 829 CP 0.00 0.'00 0.0'0 ;-- .Y~ PARTS: 0.00 LABOR: 0.00 ETHER '~ 0 .C~'0 TOTAL LINE C: 0.00 ::,.,,... „- t„- ****~***************>~,,~*~*~k~'~~~rA'A~r*******#****** __ D Sun Motor Cars Courtesy Vehicle ~Z~~i~t, WCIW Sun Motor Cars CourtesyVe'~~;~~~j;~g~..' 829 CP 0.00 0.00 0.00 PARTS; 0.00 LABOR: 0_00 OTHER: 0.00' TOTAL, LINE D: 0.00 E SEN..LOANER..xS diesel loaner please!!!!! PDEL APPOINTMENT DETAILS FOR P/DEL SERVICE (P/U ADDRESS, CONTACT NUMBERS, ETC).' 829 CP 0.00 0.00 0.00 PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE E: 0.00 SUN MOTOR CARS BMW STATEMENT OF DISCLAIMER bESCf31PTION TOTALS OUR POLICY The factory warranty constitutes all of the warranties with res e t t LABOR AMOUNT W b li p c o the sale of this item\itema. The ll S h PARTS AMOUNT _... e e eve strong/y in fast, BMW courteous, efficient service and gMW e er ereby expressly disclaims all warramies either express IN GAS, OIL, LURE pride nurse/vas on repairing your implied, including any Implied warranty of merchantability or SUBLET AMOUNT car properly the first time. We t i l h fitness for a particular purpose. Seller neither assumes nor MISC. CHARGES ry s ncere y to andle all service work honestly, and at a falr rlCe! Should ou p h authorizes any other person to assume for it any liability In TOTAL CHARGES ever y ave a question regarding our work please feel free to brin it to us connection witn the sale or this itemritems. LESS DISCOUNT , g . SALES TAX Thank You! CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT SuN MOTOR CARS BMW IS DOING ITS PART TO SAVE THE ENVIRONMENT BY RECYCLING. f^TTCTr1MFR (''f1pV 1` ` SUN MOTOR CARS BMW CUSTOMER #: 60393 165762 6691 CARLISLE PIKE *WARRANTY* MECHANICSBURG, PA 17050 DALE CARR ~ 1717) 697-2300 • {g00) 470-8133 . 231 ABRAMS AVE CARLISLE, PA 17013 PAGE 2 HOME:717-752-8261 CONT:717-752-8261 AiTS: CELL: SERVICE ADVISOR: 655 RT) RF.T.FCK Y . ~ L tl 1t P AG BLACK 11 BMW 328xi S WBAPK5G52BNN81091 10929 10930 2375 DEL-DATE PpQD. DATE WAFtR. EXP: Pa0MIS 1<D - PO N0: RATS RAYh1EN3 lNV. BATE 22MAR12 D 22MAR201 17:00 17AUG12 110.00 CASH 2OAUG12 R.0.01?ERl ED READY OPTIONS: ENG:3.0 Liter 07:16 17AUG12 15:24 20AUG12 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL ISSUE. CUSTOMER DOES USE PREMIUM FUEL AT LARGE STATIONS 4TURKEY HILL, SHEETZ, RUTTERS) RECOMMEND USING AS MUCH FUEL AS POSSIBLE IN TANK AND .FILLING WITH A DIFFEREN3' STATION (EXXON, BP, SHELL', ETE) TO CHECK RESULTS. ********************* ,r,+*~r*******~t*****~r~ar*~**~>k*,+*** * [ ] CASH f ~ CHECK CK >NO . [ ] * [ ] VISA [ ] MASTERCARD [ ] D ISCOVER * [ ] AMER EXPRESS { ] OTHER [ ] CHARGE * * COST SALE & COMP TOTALS 2340 13182 0 SUN MOTOR CARS BMW STATEMENT OF DISCLAIMER ~~~~~~~~ T07RLS OUR POLICY the tarx«y wrranty consthutes all at the warrsntlsa with respect to LABOR AMOUNT 131.82 WB believe strongly in last, the cola of this ItsmUtama. rha Seller hereby expressly disclaims ell PARTS AMOUNT O . O O courteous, efficient service and warranties eh r express or implied, including any Implied GAS, OIL, LURE O . O O pride ourselves on repairing your warrsnty of msrchantebilhy or SUBLET AMOUNT O , 0 0 car properly the tint time. fitness fora psnicular purpou. Seller neither asaumas nor MISC. CHARGES O O O We try sincerely to handle all service work honestly, and at a suth«Izes env other person to TOTAL CHARGES . fair price! Should you ever have a question regarding our assume for it any lisbilhy in e n i 131.82 work, please feel free to bring IL to us. o ruct on warn t :al. oft hemnte s. LESS DISCOUNT 0. 0 0 ALES TAX O . O O Thank You! cusr R N u LEASE PAY AMOUNT ~ 8 2 SUN MOTOR CARS BMW IS DO»tG ITS P T SA E THE ENVIRONMENT BY RECYCLING. WAr'°_BNTY COPY ~~ 1 CUSTOMER #: 60393 165762 *INVOICE* DALE CARR 231 ABRAMS AVE CARLISLE, PA 17013 PAGE 3 HOME:717-752-8261 CONT:717-752-8261 nrrc . r-FT.T: • SERVICE ADVISOR BMW SUN MOTOR CARS BMW 6691 CARLISLE PIKE MECHANICSBURG, PA 17050 (717) 697-2300 • (800) 470-8133 ti55 ED BELECK - - COLOR YEAR /MODE VI1V ' LICE SE 1L AGE N~ OU`C TAG BLACK I1 BMW 328xi S WBAPK5G52BNN81091 10929 10930 2375 DEL DATE PROD. DATE WARR. EXP, flRO1VIIS ED PO Nb. RATE' ' PAYMENT 7NV. DATE 22MAR12 D 22MAR201 17:00 17AUG12 110.00 CASH 2OAUG12 R.O. OPEN ED READY OPTIONS: ENG:3.O Liter 07:16 17AUG12 15:24 20AUG12 SUN M(~'1'Ux (.AK.~ BMW STATEMENT OF DISCLAIMER ~::~ ~- OUR POLICY The factory warranty constitutes all of the warranties with respect to the sale of this item\items. Tha gMyy e try sin f ~ I We believe strong/y in lest, courteous, a//icient service and BMW pride ourselves on repairing your car properly the lust time. cerely to handle all service work honestly, and at a Sh Id Seller hereby expressly disclaims all warranties either express or implied, Including any implied warranty of merchantabili[y or fitness for a particular purpose. Seller neither assumes nor author):es env otner person to assume for it any liability in DESCRIC710N TOTAL$ LA80R AMOUNT O . O O PARTS AMOUNT O . OO GAS, OIL, LURE O . OO SU$LET AMOUNT O . O O MISC. CHARGES n n n air pace. ou you ever have a question regarding our tonnet[ion witn trio eels of tnis LESS DISCOUNT O . O wore please feel free to bring it to us. itemhtema. SALES TAx 0 . 0 CUSTOMER SIGNATURE PLEASE PAY Thank You! THIS AMOUNT n n SUN MOTOR CARS BMW IS DOING ITS PART TO SAVE THE ENVIRONMENT BY RECYCLING CUSTOMER COPY ~~~~I Thank you for allowing Sun BMW to maintain your BMW 3281 xI)rive. In our effort to keep your BMW operating at peak performance, we have assembled this Recommended Action Plan. Use the following legend: - =Item is new or "like new" Caution = An item that is dirty or showing signs of wear that would benefit from being serviced, but is still doing what it is designed to do = An item that has worn below its minimum specification or is not doing what it is designed to do Sun Service Value .Pricing Guarantee. If you find better pricing at another store we would appreciate the opportunity to compare value and earn your business. Dale Carr 231 ABRAMS AVE CARLISLE, PA 17013 (717) 752-8261 dalefc4@comcast.net Ed Beleck Service Advisor ebeleck@.sunmotorcars. com 165762 Sun Motors BMW 6691 Carlisle Pike Mechanicsburg, PA ~ (717) 697-2300 ~ bmw.sunmotorcazs.com a a~ The following is what you requested we perform or investigate regarding your vehicle: A. CLIENT STATES AT COLD START WHEN COMING TO A STOP TO GO INTO REVERSE THE CAR STARTED SPUTTERING AND SHAKING WHICH WAS WHEN THE CAR WAS ON RESERVE..THE CAR IS NOW DOING IT WITH FULL TANK OF GAS..INTERMITTENT CONCERN..DOES IT AT IDLE AS WELL ~/ B. Complimentary CAR WASH and VACUUM performed ($15.00 value). C. LOANER VEHICLE PROVIDED FREE OF CHARGE THE NIGHT BEFORI: FOR OUR / VALUED CLIENTS D. Sun Motor Cars Courtesy Vehicle Report E. SF,N..LOANER..xS diesel loaner please!!!-.! cv Our technicians recommend the following services for your vehicle. • ,A. CLIENT STATES AT COLD START WHEN COMING TO A STOP TO GO INTO REVERSE THE CAR STARTED SPUTTERING ;AND SHAKING WHICH WAS WHEN THE CAR WAS ON X ~RESERVE..THE CAR IS NOW DOING IT WITH FULL TANK OF GAS..INTERMITTENT CONCERN..DOES IT AT IDLE AS WELL '~' !B. Complimentary CAR WASH and VACUUM performed ($15.00 ~~ ~ ! ~~~ _~1 ;value). ` X ' ~ -- - rC. LOANER VEHICLE PROVIDED FREE OF CHARGE THE NIGHT ~ v_____ iBEFORE FOR OUR VALUED CLIENTS ~ X ~D. Sun Motor Cars Courtesy Vehicle Report ; X - E. SEN..LOANER..xS diesel loaner please! ! ! ! ! ~~__ - X ~ _, 165762 Sun Motors BMW 6691 Carlisle Pike Mechanicsburg, PA ~ (717) 697-2300 ~ bmwsunmotorcars.com Apple BMW of York 1370 Ro seveit Ave. - York, PA 17404 '~, (717) 49-6660 - 1-888-238-5441 . applebmwofyork. com 231 ABS AVE CARLIS E, PA 17013 2011 I IBMW 3 ~~ SERVICE DEPARTMENT HOURS 7:00 a.m. to 7:00 p.m. Mon - Thw 7:00 a.m. to 5:00 p.m. Friday 8:00 a.m. to 4:00 p.m. Saturday 717-752-8261 Body 4DR SDN 328I 8/25/12 6310742/ RIO Close Date Status 8/28/12 Reprint Mil a In Miles a Out 11398 11399 Service Advisor /Tag # ROSE MCKINNEY Vehicle Identification Number WBAPKSG52BNN81091 DES(~ RIPTION OF SERVICE AND PARTS ~ AMOUNT 1 - M1~ C COURTESY CAR WASH W rk performed by DEREK MINNICK(352) Internal ---- -~ ---------------------I--------------------------------------- #2 - MR WMPI: COMPLETE MULT14POINT INSPECTION OF VEHICLE Wo rk performed by BRIAN SALTZGIVER(740) S~ b Total: Labor: .00 ~ Parts: .00 Total: .00 5 ------------------ ~ ------ #3 - M~ --------------------- --------------------- LOANER: SUPPLY CLIENT' OF BMW LOANER VEHICLE FREE OF CHARGE i Wo rk performed by BRIAN; SALTZGIVER(740) S>r{ b Total: Labor: .00 Parts: .00 Total: .00 #4 - MR Customer Reports: CUSTOMER STATES THE CAR HAS A ROUGH IDLE - WITH; ET HANOL FREE GAS - ONLY ON COLD ENGINE (FIRST 5-1'.0 M INUTES) Caused by TESTED OPERATION AND DUPLICATED A ROUGHER IDLE ON FIRST START UP, COLD ENGINE. CONNECTED CHARGER, SC ANNED VEHICLE TO CHECK FOR FAULTS. NONE FOUND. ENG INE WILL RUN ROUGHER bN COLD START UP. DME IS RUNN ING OFF OF PRESET PERAMETERS TO WARM UP THE ENGINE AND WILL RESULT IN A ROUGHER IDLE. AFTER ENGINE I S OUT OF THE WARMUP PHASE, THEN THE DME WILL READ THE SENSORS AND ADJUST FOR A SMOOTHER IDLE AND RUN NING. NORMAL OPERATION. W rk performed by BRIAN~SALTZGIVER(740) Warranty Co rrected by 0000006: (101100190 W l rk performed by BRIAN~SALTZGIVER(740) Warranty TERMS: STRICTLY SH UNLESS ARRANGEMENTS ARE MADE. 'I hrxe~y authorize the repa4 LABOR work heroinafler to responsible for loss be do~along with ere necessary material and agee that you are not ream to vehcle or aAidec IeR in the vehicle in case d lire Ihe1t a en PARTS other cause beyond , , your conbd or far any delays caused by unavailability aF parts err delays in m DEDUCTIBLE paA9 shipments uy a supplier or trensponer. I t>ereby grant you err your e ployees permission to operate the vehicle dein described on streets, highways, or elsewhere for ohs purpose of testing SUBLET arxiror ir>spedian. the amount of rape' express mechaNC's flan is hereby acknowleeged on a Iherelo.' bove vehicle to severe SHOP SUPPLIES HAZARDOUS MATERIALS OtSCLAIMER OF W RRANTIF~. Any wartanties on the products sob y are Dace made by the manufacturer. seller hereby expressly disaelms all warranties ekh sr axprps err imdied. SALES TAX OR TAX I.D. including any impfl neither assumes n wsrranty d merchentnbiflty or flmess fora particular p augfod~s any other person to assume far it flaWr urpose, and the seller in eonnxlion wllh the SPECIAL ORDER DEPOSIT sale of said product s Any limhaaon contained herein dose not apply where P ibited bylaw. DISCOUNTS I TOTAL DUE NO RETUR ON ELECTRICAL OR SAFETY ITEMS OR SPECIAL ORDERS. X l u - ~--~ - (` ~ k S Ufi v1 A BMW i f Y ate pp or e o 8/25/12 6010742/2 1370 Roosevelt Ave. - York, PA 17404 SERVICE DEPARTMENT HOURS R/O Close Date Status (717) 849-6660 - 1-888-238-5441 7:00 a.m. to 7:00 p.m. Mon - Thur g / 2 8 / 12 Reprint wWw.applebmwofyoflc.com 7:00 a.m. Eo 5:00 p.m. Friday Mdea a In Mile a Out 8:00 a.m. to 4:00 p.m. Saturday 11398 11399 Service Advi sor / # ROSE MCKINNEY D Work Phone Vehicle Identification Number 231 ABRAMS AVE WBAPK5G52BNN81091 CARLISLE , PA 17 013 Home Phone Delive Date In-Service Date 717-752-8261 Year Make Model Color License Number 2011 BMW 3 SERIES 4DR SDN 3282 XDRI DESCRIPTION OF SERVICE ANO PARTS AMOUNT Correcte y 6121528: Work performed by BRIAN SALTZGIVER(740) Warranty Corrected by 1399000: Work performed by BRIAN SALTZGIVER(740) Warranty TESTED FUEL AND FOUND 11~ ALCOHOL LEVEL. tMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. 9 hereby authorize the repair k herdrtalter to be done abny witlt Ilse necessary matedsl and agree that you are nd possible iw loss or damage b vehicle or erddes left in the vehicle in ts3ae d fire, theft, or any x cause beyorW your conlrai or for any delays caused by urlavatlabdNy d parla or delays In Is shipments by the suppler or Uartaporter. 1 trerebY 9r~ Y~ or Y~r ~PI~ Pemdsai0n to irate the vehicle herein deacnbed on straeta, Mghways, ar elsewhere for the purpose d teadrtg Uor inspepion. An express mechanic's Ilan Is hereby aeknowledged on above veNde ro at:cure amount d repairs thereto.' ~DISCIAiMER OF WARRANTIES. Arty wenartdes on the producb sdd hereby ere those made by ~ ~ ~~- ~~ ~ ~ ~~~~ the manufacturer. The selbr hereby expressly dladNms all warrendes edMr express or impnad. SALES TAX OR TAX I.D. includnq any implied wartanty d mercMnMbllity or etnesa for a particular purpose, and the selbr ~neifher assumes nor aulhorizea any other peraan to assume for it any Rabidly in GOreteGddn with the SPECIAL ORDER DEPO: sale d said produda. Any limdadon contained hereto does not apply where proMdted ny law. pl4l`AUNT3 TOTAL DUE ~ NO RETURN ON ELECTRICAL OR SAFETY ITEM3 OR SPECIAL ORDERS. ~ X CL X51 1ER # : 60393 DRLE CARR 231 ABRAMS AVE CARLISLE, PA 17013 HOME:717-752-8261 RiTS 4 ~ '+ CONT:717-752-8261 CELL: 166212 *INVOICE* BMW SUN MOTOR CARS BMW 6691 CARLISLE PIKE PAGE 1 MECHANICSBURG, PA 17050 (717) 697-2300 • (800) 470-8133 SERVICE ADVISOR: 655 ED BELECK ^COLOR Y AR - MA E/MOD L Vl LICE MIL AGE 1N/' tAG BLACK 11 BMW 328xi S WBAPK5G52BNN81091 11476 11481 2090 D'EL DATE PROD: DATE Wp,RR, EXP. PROMIS ED PO'N0. RATE PAYMENT INV. DAtE 22MAR12 D 22MAR201 17:00 30AUG12 110.00 CASH 30AUG12 R.O. OPEN ED 'READY' 's OPTIONS: ENG : 3 . 0 Liter 07:17 30AUG12 16:55 30AUG12 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A CLIENT STATES THE VEHICLE IS STILL RUNNING ROUGH. HAS RUN FUEL WHOLE WAY THRU AND ADDED AT ANOTHER STATION. HAS GOTTEN WORSE. CAUSE: Throttle response under all operating conditions. Too rough 1331029 Checking delivery pressure of fuel pump 829 'WB 0.07_ _ (N/C) 6100006 Performing vehicle diagnosis -test module- 829 WB 0.02 (N/C) 1199000 DISCONNECTING 02 SENSOR AND TRYING TO DUPLICATE CLIENTS CONCERN 82'.9 WB 0.0'5 (N/C) FC: 1042036100 COUNT: CLAIM TYPE;: AUTH CODE: PARTS : 0 . 0 0 LABOR : 0 . 0 0• .~ : CQTHER : 0 .00 TOTAL LINE A 11476. CUSTOMER STATES VEHICLE IS,~~L RUI~TNIITG; Rc~#3GH AT IDLE EVEN WITH NEW FUEL. LAST VISIT FOUND 1$. -f?.2GEN'~'' ALC~3#~OL CONTENT IN FUEL. VERIFIED CUSTOMER COMPLAINT ONCE M~'i~~.,;~~~r~RM-UP PHASE AFTER ABOUT 2 MINUTES WHEN PLACING VEHICLE IN REVEBS.$'`_I~T:~EDIPS AND SPUTTERS, VEHICLE ALMOST STALLS. THIS CAN BE DUPLICATED UP TO ABOUT 8-10 MINLfTES AFTER START-UP AND THEN WILL GO AWAY. DISCONNECT BOTH PRE CAT 02 SENSORS AND PROBLEM PERSISTS. CHECKED MIXTURE ADAPTATION VALUES, VALUES ARE NORMAL. CHECK SMOOTH RUNNING VALUES ALL ARE WITHIN SPECS. CHECK FUEL PRESSURE ONCE MORE, 5 'BAR 'WITH-ENGINE ON. ALSO CHEt/KED FOR PRESSURE BLEED OFF TO RULE OUT LEAKING INJECTOR. FUEL PRESSURE HOLDS JUST UNDER 5 BAR FOR 10-15 MINUTES..CHECK .IDLE. QUALITY..>AND-CYLINDER CORRECTION VALUES IN TESTER. ALL VALUES ARE WITHIN SPECS. SUBMIT PUMA CASE. NUMBER 52072025.' REPLY FROM BMW'STATES DME SOFTWARE CATALYST HEATING PHASE ROUGH IDLE AFTER 120 SECONDS IS CURRENTLY UNDER DEVELOPMENT. BUT THAT IDLE ROUGHNESS, SHUDDER flR LIGHT SURGING WITH 0.00 ENGINE TEMPS BETWEEN 50-1000 ARE NORMAL BUT UNFAVORABL E OF AN OPERATING SUN MOTOR CARS BMW STATEMENT OF DISCLAIMER OESCRIP7tON TOTALS ~r The factory warranty constitutes all LABOR AMOUNT OUR POLICY of the warranties with respect to the sale of this item\Items. The PARTS AMOUNT We believe strong/y in fast, i saner Hersey expressly msclalms au warranties either express or GAS, OIL, LOBE courteous, eff cient service and BMW BMW pride ourSe/ve5 on repairing your Implied, including any implied warranty of merchantability or SUBLET AMOUNT carpropedy the /first time. fitness for a particular purpose. Seller neither assumes nor MISC. CHARGES We try sincerely to handle all service work honestly, and at a authorizes any other person to assume for it any liability in TOTAL CHARGES fair rlCel $hOUld p you ever have a question regarding our connection with cne sale of this +t rt LESS DISCOUNT work, please feel free to bring it to us. em ems. SALES tax Thank You! CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT SUN MOTOR CARS BMW IS DOING ITS PART TO SAVE THE ENVIRONMENT BY RECYCLING. CUSTOMER COPY Ci~~S`1_MFR #: 60393 DALE CARR 231 ABRAMS AVE CARLISLE, PA 17013 HOME:717-752-8261 U o~9 CONT:717-752-8261 /~T?T T 166212 *INVOICE* BMW SUN MOTOR CARS BMW 6691 CARLISLE PIKE PAGE 2 MECHANICSBURG, PA 17050 (717) 697-2300 • (800) 470-8133 SFRVIC'F AnVISnR: ~~~ F.n RR7,RCK a~ v v . COL R YEAR -~---- Alt XMOD L tICEN 1LEA'GE I OUT TAG BLACK 11 BMW 328xi S WBAPK5G52BNN81091 11476 11481 T2090 DEL DATE PROD. DATE V~/ARR. EXP. PROMISED PO NO. RATE PAYIJIENT INV. DATlrr 22MAR12 D 22MAR201 17:00 30AUG12 110.00 CASH 30AUG12 R.O. OPEN ED Rl=4I7Y OPTIONS: ENG:3.0 Liter 07:17 30AUG12 16:55 30AUG12 LINE OPCODE TECH TYPE HOURS L1.71 1Va1 1V1HL CHARACTER3"STIC. INZIESTIGP:TIQN IS 'QNGOING:: **************************************************** B Sun Motors BMw Courtesy Vehicle 'Report WCI Sun. Motors BMW Courtesy vehicle Report 829 CP 0.00 0.0-0 _0.00 PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE B: 0.00 C Complimentary CAR WASH and VACUUM performed ($15.00 value). 700 Complimentary CAR WASH and VACUUM performed ($15.00 value) . '829 CP 0.00 - 0.0'.0 0.;00 PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE C: 0.00 D X5 DIESEL OR ANY DIESEL PDEL APPOIN'T'MENT. DETAILS FOR'~~~,D~ -~RVICL`: ~~~17 ADDRESS , CONTACT NUMBER', ~ E'~C) 829 CP 0.00 0.00 0.00 PARTS: 0.00 LABOR: 0.00 OTHER:`. 0 00 TOTAL LINE D: 0.00 ,, .,.. - E THE LONGER THE CAR SITS THE PROBLEM; ;t?CCURS ~~'J~`~ FREQUENTLY . 00 SEE LINE A. 829 CP 0.00 0.00 0.00 PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE E: 0.00 * [ ] CASH [ ] CHECK CK NO. [ ] * [ ] VISA [ ] MASTERCARD [ ] DISCOVER * [ ] AMER EXPRESS [ ] OTHER I ] CHARGE * * SUN MOTOR CARS BMW STATEMENT OF DISCLAIMER .DESCRIPTION. TOTALS.- The factory warranty constitutes all LABOR AMOUNT ~ _ 00 OUR POLICY of the warranties with respect to the sale of this itemtitems. The PARTS AMOUNT 0 . 0 Q - We believe strongly in fast, Seller hereby expressly disclaims all warranties either express or GAS, OIL, LURE 0 ~ ~ gMyy courteous, el/icient service and gMW pride ourselves on repairing your implied, including any implied warranty of merchantability or SUBLET AMOUNT 0 ~ 0 car propeAy the first time. fitness for a particular purpose. Seller neither assumes nor MISC. CHARGES 0 0 0 We try sincerely to handle all service work honestly, and at a authorizes any other person to assume for it an liabilit in TOTAL CHARGES ~ • ~~ fair price! Should you ever have a question regarding our y y conneccion witn the sale of tnia LESS DISCOUNT 0.00 work, lease feel free to brin It LO US. P 9 item/kems. SALES TAX 0. 0 0 Thank You! CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT 0.0-0 SUN MOTOR CARS BMW IS DOING ITS PART TO SAVE THE ENVIRONMENT BY RECYCLING. P'TTCTr1ML?A !'/'1DV y o~ ~I Thank you for allowing Sun BMW to maintain your BMW 328i xDrive. In our effort to keep your BMW operating at peak performance, we have assembled this Recommended Action Plan. Use the following legend: - =Item is new or "like new" Caution = An item that is dirty or showing signs of wear that would benefit from being serviced, but is still doing what it is designed to do = An item that has worn below its minimum specification or is not doing what it is designed to do Sun Service Value Pricing Guarantee. If you find better pricing at another store we would appreciate the opportunity to compare value and earn your business. Dale Carr 231 ABRAMS AVE CARLISLE, PA 17013 (717) 752-8261 dalefc4@comcast.net Ed Beleck Service Advisor ebeleck@sunmotorcars. com Jon Muffley BMW Certified Technician 166212 Sun Motors BMW 6691 Carlisle Pike Mechanicsburg, PA ~ (717) 697-2300 ~ bmw.sunmotorcars.com 4 ~ ~~ A. CLIENT STATES THE VEHICLE IS STILL RUNNING ROUGH. HAS RUN FUEL WHOLE / WAY THRU AND ADDED AT ANOTHER STATION. HAS GOTTEN WORSE. ,~' B. Sun Motors BMW Courtesy Vehicle Report C. Complimentary CAR WASH and VACUUM performed ($15.00 value). ~'' D. XS DIESEL OR ANY DIESEL ,/ E. THE LONGER THE CAR SITS THE PROBLEM OCCURS MORE FREQUENTLY. `- ~ Sun Motors BMW Courtesy Vehicle Report ev Our technicians recommend the following services for your vehicle. A. CLIENT STATES THE VEHICLE IS STILL RUNNING ROUGH. HAS RUN FUEL WHOLE WAY THRU AND ADDED AT ANOTHER I ~{ STATION. HAS GOTTEN WORSE. ~ B. Sun Motors BMW Courtesy Vehicle Report X ~C. Complimentary CAR WASH and VACUUM performed ($15.00 ~ ~ value). X ! --------- - D. XS DIESEL OR ANY DIESEL ----{--- X ~ E. THE LONGER THE CAR SITS THE PROBLEM OCCURS MORE _ 1 FREQUENTLY. X 166212 Sun Motors BMW 6691 Carlisle Pike Mechanicsburg, PA ~ (717) 697-2300 ~ bmw.sunmotorcars.com The following is what you requested we perform or investigate regarding your vehicle: CUSTOMER #: 60393 DALE CARR 231 ABRAMS AVE CARLISLE, PA 17013 HOME:717-752-8261 T2TTC 166655 *INVOICE* BMW SUN MOTOR CARS BMW 6691 CARLISLE PIKE PAGE 1 MECHANICSBURG, PA 17050 CONT :717 - 752 - 8261 {717.697-2300 • (800) 470-8133 r-T:r,r.• SERVICE ADVISOR: ~~S En BELECK C LOR YEAR ' M KE/MO L Lf S 1LEAGE 1/ 0 T TA BLACK 11 BMW 328xi S WBAPK5G52BNN81091 12437 12452 3629 DEL DATE PROD. DATE WARR. £XP: PROMISED '' PO NO: RATE ' PAYMENT INV. DATE 22MAR12 D 22MAR201 17:00 13SEP12 110.00 CASH 13SEP12 R.O.OPEN Eb READY OPTIONS: ENG:3.0 Liter 06:39 13SEP12 17:22 13SEP12 LINE OPCODE TECH TYPE HOURS L15'1' Nir'1' l'U'1'AL A'CLIENT STATES' TEH CAR 'IS STILL 'RUNNING ROUGH. .TIM HAS NEW UPDATE AVAILABLE THROUGH BMW CAUSE: Throttle ;response under. all operating conditions. Too rough 6100720 Programming encoding control unit(s) (with CAS} (after vehicle test} 829 WB 0.05 (N/C) '6199000 PERFORMED IRAP SESSION 829 WB 0.04 (N/C) FC: ].04.2036.100 - PART#: COUNT: CLAIM TYPE: AUTH CODE: .:~._,~.. ~,:~`~. PARTS : 0 . 0 0 LABOR : D O Q=., .~~_~_ '-v~ TOTAL LINE A : 0 .. 0 0 - 12432 CUSTOMER STATES VEHICLE IS...~~~#N#,±T~~:'-ROUGH'~;~,°y~:IDLE. VERIFIED n .~ PUMA CASE..SUBMITTED COMPLAINT, CAR HAS BEEN IN SEVEk~~~'IMES >_)~~ LAST VISIT. ISSUE WAS UNDER INVES~~ATION~Ei~. ,,,`~:R ~P FOREMAN AND SCO'PT MAYO, CUSTOMER APPROVED I-WRP,P 5~_ N FC3_ ~ _ SOFTWARE. CONNECT: TO ISSS AND UPDATED COMPLETED VEHICLE` Q~;~~~~t :,;~i~'VEL PER SCOTT. PROGRAMMING SUCCESSFUL. A)~'TER PRO~'~ ~~, '~7EB I-GJF2AP SESSION 'I'O UPDATE DME. AFTER SESSION UPDATE TEST~~T7R~` ~''EHICLE AND RAN AT IDLE TO ____ RE-ADAPT IDLE QUALITY. B Complimentary CAR WAS',H and VACUUM performed ' ('$15 .00 value) 700 Complimentary CAR WASH and VACUUM performed ($15.Oa value.). 829 CP 0.00 0.00 0.00 PARTS: D.00 LABOR: 0:00 OTTER: 0.00'' TOTAL LINE B: 0.00 C LOANER VEF-IICLE PROVIDED FREE OF' CHARGE THE NIGHT BEFORE FOR OUR VALUED CLIENTS 704 LOANER VEHICLE PROVIDED FREE Qk' CHARGE`THE __ TTTn VT noanno c+nn ni7n T7TT 777771 nT TTLTTA SUN MOTOR CARS BMW STATEMENT OF DISCLAIMER DIS>±RfPTIOrt T07ALS The factory warranty constitutes all LABOR AMOUNT - OUR POLICY of the warranties with respect to the sale of this itemUtams. The PARTS AMOUNT we believe strongly in last, c t ffi i t i d Seller hereby expressly disclaims all warranties either express or GAS, OIL, LUKE gMyy our eous, e en c serv ce an BMW pride ourselves an repairing your Implied, Including any Implied warranty of merchantablllty or SUBLET AMOUNT car properly the first time. fitness fora particular purpose. Seller neither assumes nor MISC. CHARGES We try sincerely to handle all service work honestly, and at a authorizes anY other parson to assume for It anv liability in TOTAL CHARGES fair rice! Should ou ever have a p y question regarding our connect+on witn the sale of tnia It mrt m LESS DISCOUNT work, please feel free to bring it to us. e e s. SALES TAX Thank You! CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT SUN MOTOR CARS BMW IS DOING ITS PART TO SAVE THE ENVIRONMENT BY RECYCLING. CUSTOMER CnPY r'~ CUSTOMER #: 60393 166655 *INVOICE* BMW DALE CARR SUN MOTOR CARS BMW 231 ABRAMS AVE 6691 CARLISLE PIKE CARLISLE, PA 17013 PAGE 2 MECHANICSBURG, PA 17050 HOME:717-752-8261 CONT:717-752-8261 (717) 697-2300 • (800) 470-8133 ,,,r r CFRVIC'F ADVISOR: FSR F.T) RELECK COLOR VAR A Et DE1. #: IL GE / OCi A BLACK DEL BATE 11 BMW 328xi S PRUD: DATE WARR. EXP. WBAPK5G52BNN81091 PROMISED PO NO. RATE 12437 12452 3629 PAYMENT INV, DATE 22MAR12 D 22MAR201 17:00 13SEP12 110.00 CASH - 13SEP12 R,O.'OPEN E~ READY OPTIONS: ENG:3.0 Liter 06:39 13SEP12 17:2.2 13SEP12 LINE OPCODE TECH TYPE HOURS L1J1 xv r+l iv+n+-~ 8219 CP ..._0.00 , _ 0.00 0 . D'0 PARTS: 0.00 LRBOR: 0.00 OTHER: 0.00 TOTAL LINE C: 0.00 D Sun Motor Cars Courtesy Vehicle Report WCIW Sun Motor .Cars Courtesy Vehicle Report 829 ISP 0.00 (N/C) 1 BJ WASHSOLVENT (N/C) PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE D: 0.00 E 752-8261..SEN..LOORNER. .X5 DIESEL LOANER < PDEL APPOINTMENT DETAILS FOR P f DEh . ~F,,~,V~.CE (P/U ADDRESS, CONTACT NUMBERS, ETC). 829 CP 0.00 0.00 0.00 PARTS: 0.00 LABOR: 0.00 OTHER: `0.00 TOTAL LINE E: 0.00 °crew'~F*~r>~******~tc~i~,******************** ******* ~ ~ :.1 CA~~ C '<CHECK' CK NO. [ ] ,... ~~* ~~:[ ] VISA [ ~~' MASTERCARD [ ] D ISCOVER '`~' .~;:-] AM£R E~RR~S ' { ] OTHER [ ] CHARGE *, * ,> '~MP~a~A~ ***~~*~'******'*~************************ ~~ *~k***** V~~,yWc ~NN,otoPB~NO. ~~p\N~ Npt ZHE NOS e~swasp,Hp~.° r~l~~ ~ ~M~~~10N 4~ ,I~ fA ~NXV0~1• tom ~~~` Op,RSB~ suNMO~ 4~0-8~~ ~-~° STATEMENT OF DISCLAIMER DESCRIPTION TOTALS. SUN MOTOR CARS BMW The factory warranty constitutes all LABOR AMOUNT 0 . 0 OUR POLICY _ of the warranties with respect to the sale of this Item\hems. The PARTS AMOUNT Q , ~Q We believe strongly in fast, Seller hereby expressly disclaims all warranties either express or GAS, OIL, LUKE Q , ~ ~ gMyy courteous, efficient service and n r irin our id l gMW implied, Including any implied warranty of mercnantabilhy or SUBLET AMOUNT ~ ~ ~ g y pr ves o epa e ourse car properly the first time. fitness for a particular purpose. Seller neither assumes nor MISC. CHARGES Q , Q Q We try: sincerely to handle all service work honest ly, and at a autnc.l:es env ctnar person co i li bili f i TOTAL CHARGES 0.00 fair price! Should you ever have a question regarding our t any n or a ty assume connection with the sale of tnis LESS DISCOUNT 0.00 work, please feet free to bring it to us. itemrtems. SALES TAx 0.00 Thank You! CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT O.0 0 SUN MOTOR CARS BMW IS DOING ITS PART TO SAVE THE ENVIRONMENT BY RECYCLING. r+rTCrt+nM~v r+nvv ~ E I 7 ci f 6 LINDABURY, McCORMICK, ESTABROOK & COOPER - ;!: ;~ ,4 ~l~i!~"`' A Professional Corporation `-~ ' ~ `,"~~ `x,~li,~ By: Anne S. Burris, Esq. Attorney for Defendant aburri s nlindabury. com Identification No. 201955 BMW of North America, LLC 2 Penn Center Plaza Suite 200 Philadelphia, Pennsylvania 19102 908-233-6800 908-233-5078 (fax) DALE CARR COURT OF COMMON PLEAS 1530 Bette Lane CUMBERLAND COUNTY Havertown, PA 18055 PENNSYLVANIA v. Civil Action BMW OF NORTH AMERICA, LLC Case No. 12-6779 300 Chestnut Ridge Road Woodcliff Lake, NJ 07677 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Defendant's New Matter Addressed to Plaintiff by Defendant, BMW of North America, LLC, within twenty (20) days from service hereof or a judgment may be entered against you. DATED: November 20, 2012 ~ t~'~--~-%J ANNE S. BURRIS, ESQ. 2234136v1/ASB 2453971v1 ,~ . t ;-;~_ ; ' ._ , ~: I ~~ is -t r E ~, ~--,~, - ~ ~. ill. ~ 1 1_' ~~ I ~ ~ ~ i 0{ i LINDABURY, McCORMICK, ESTABROOK & COOPER A Professional Corporation By: Anne S. Burris, Esq. Attorney for Defendant aburris a~lindabury com Identification No. 201955 BMW of North America, LLC 2 Penn Center Plaza Suite 200 Philadelphia, Pennsylvania 19102 908-233-6800 908-233-5078 (fax) DALE CARR 1530 Bette Lane Havertown, PA 18055 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. BMW OF NORTH AMERICA, LLC 300 Chestnut Ridge Road Woodcliff Lake, NJ 07677 Civil Action Case No. 12-6779 ANSWER AND NEW MATTER OF DEFENDANT BMW OF NORTH AMERICA, LLC COMES NOW, the defendant, BMW of North America, LLC (hereinafter referred to as "BMW NA"), by and through its attorneys, Lindabury, McCormick, Estabrook & Cooper, P.C., and hereby responds to plaintiff's Complaint as follows: 2a~2ao~~i 1. After reasonable investigation, defendant BMW NA is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of the Complaint and, accordingly, same are denied. 2. Admitted in part; denied in part. It is admitted that defendant BMW NA has its principal place of business in New Jersey and may be served c/o CT Corporation, 1515 Market Street, Philadelphia, PA, and that it is qualified to do business in Pennsylvania. The remaining allegations of paragraph 2 of the Complaint are denied. BACKGROUND 3. Defendant BMW NA repeats its answers to each and every allegation set forth in paragraphs 1 and 2 of the Complaint as if same were set forth at length herein. 4. Defendant BMW NA denies that it manufactured any 2011 BMW XI automobiles. Defendant BMW NA is without knowledge and information sufficient to form a belief of the remaining allegations set forth in paragraph 4 of the Complaint. 5. Defendant BMW NA is without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of the Complaint. To the extent that paragraph 5 of the Complaint contains conclusions of law such as the alleged "price", same are denied. 6. Denied. It is denied that repair attempts have been ineffective, or that the vehicle "cannot be utilized for the purposes intended by plaintiff at the time of acquisition." 2 2215998v1 /ASB 2412407v1 7. Admitted in part; denied in part. It is admitted that defendant BMW NA issued an express limited warranty with new BMW automobiles for model year 2008; however, said warranty speaks for itself, and in light of the failure of plaintiff to attach a copy of said warranty to the Complaint, any description or characterization as contained in paragraph ~ of the Complaint is denied, as are the remaining allegations of said paragraph. 8. Defendant BMW NA is presently without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of the Complaint. To the extent that paragraph 8 of the Complaint contains conclusions of law such as alleged "nonconformities", same are denied. 9. Defendant BMW NA is presently without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 9 of Complaint. To the extent that paragraph 9 of the Complaint contains conclusions of law such as alleged "nonconformities", same are denied. 10. Denied. Defendant BMW NA denies the allegations set forth in paragraph 10 of the Complaint as conclusions of law. 11. Defendant BMW NA is presently without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of the Complaint. To the extent that paragraph 11 of the Complaint contains conclusions of law such as alleged "nonconformities", same are denied. 3 2215998v1/ASB 2412407v1 12. Defendant BMW NA is presently without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of the Complaint. To the extent that paragraph 12 of the Complaint contains conclusions of law such as alleged "nonconformities", same are denied. 13. Defendant BMW NA is presently without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of the Complaint. To the extent that paragraph 13 of the Complaint contains conclusions of law such as alleged "non-conformities", same are denied. 14. Defendant BMW NA is presently without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of the Complaint. To the extent that paragraph 14 of the Complaint contains conclusions of law such as "nonconformities" and "substantially impair its use, value and/or safety", same are denied. 15. Denied. Defendant BMW NA specifically denies that there were any repair attempts for defects, non-conformities and/or conditions which any authorized dealership did not maintain records or provide statements, or that plaintiff would actually leave a dealership after repairs without obtaining a repair statement. 16. Defendant BMW NA is presently without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of the Complaint. 4 2215998v1/ASB 2412407v1 17. Denied. Defendant BMW NA denies the plaintiff is entitled to relief or has sustained losses. To the extent that paragraph 17 of the Complaint contains conclusions of law such as alleged "nonconformities", same is denied. COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW CLAIM 18. Defendant BMW NA repeats its answers to each and every allegation set forth in paragraphs 1 through 17 of the Complaint as if same were set forth at length herein. 19. Denied. Defendant BMW NA denies the allegations set forth in paragraph 19 of the Complaint as conclusions of law. 20. Denied. Defendant BMW NA denies the allegations set forth in paragraph 20 of the Complaint as conclusions of law. 21. Denied. Defendant BMW NA denies the allegations set forth in paragraph 21 of the Complaint as conclusions of law. 22. Denied. Defendant BMW NA specifically denies that the vehicle in question has non-conformities as defined by 73 P.S. § 1951 et seq., which substantially impair the use, value and/or safety of the vehicle. To the contrary, the vehicle as manufactured and distributed contains no such non-conformities. The allegations in paragraph 22 are further denied as conclusions of law. 23. Denied. Defendant BMW NA denies that unidentified non-conformities existed, or continue to exist, or that same violated any warranty that may have been applicable. The allegations of paragraph 23 are further denied as conclusions of law. 5 2215998v1/ASB 2412407v1 24. Denied. Defendant BMW NA denies the allegations set forth in paragraph 24 of the Complaint as conclusions of law. 25. Denied. Defendant BMW NA denies the allegations set forth in paragraph 27 of the Complaint as conclusions of law. 26. Denied. Defendant BMW NA denies the allegations set forth in paragraph 26 of the Complaint as conclusions of law. 27. Denied. Defendant denies that the vehicle contains non-conformities as would give rise to a valid claim pursuant to the relied-upon statute, or that plaintiff has properly pleaded, complied with, or pursued same. The allegations of paragraph 27 are further denied as conclusions of law. WHEREFORE, defendant BMW of North America, LLC, requests that judgment be entered in its favor and against the plaintiff, together with costs and reasonable attorney's fees, and that the Complaint be dismissed with prejudice. COUNT II Magnuson-Moss Federal Trade Commission Improvement Act 28. Defendant BMW NA repeats its answers to each and every allegation set forth in paragraphs 1 through 27 of the Complaint as if same were set forth at length herein. 29. Denied. Defendant BMW NA denies the statement set forth in paragraph 29 of Count II of the Complaint inasmuch as such statement is a conclusion of law. 30. Denied. Defendant BMW NA denies the statement set forth in paragraph 30 of the Complaint inasmuch as such statement is a conclusion of law. 6 2215998v11ASB 2412407v1 31. Defendant BMW NA is presently without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 31 of the Complaint. 32. Admitted in part; denied in part. It is admitted that defendant BMW NA issued an express limited warranty with new BMW automobiles for model year 2011; however, said warranty speaks for itself, and in light of the failure of plaintiff to attach a copy of said warranty to the Complaint, any description or characterization as contained in paragraph 32 of the Complaint is denied, as are the remaining allegations of said paragraph. 33. Denied. Defendant BMW NA denies each and every allegation set forth in paragraph 33 of the Complaint. 34. Denied. Defendant BMW NA denies the statements set forth in paragraph 34 of the Complaint as conclusions of law. 35. Denied. Defendant BMW NA denies the statements set forth in paragraph 35 of the Complaint as conclusions of law. 36. Denied. It is denied that defendant has failed to comply with any applicable warranty contracts or statutory obligations and, therefore, that plaintiff has suffered damages as a result thereof or is entitled to the relief cited, and further denied that plaintiff may properly maintain, has complied with, or has properly plead a cause of action under the relied upon Act. The allegations contained in paragraph 36 and further denied in their entirety as conclusions of law. 7 2215998v1/ASB 2412407v1 WHEREFORE, defendant BMW ofNorth America, LLC, requests that judgment be entered in its favor and against the plaintiff, together with costs and reasonable attorney's fees, and that the Complaint be dismissed with prejudice. COUNT III Uniform Commercial Code 37. Defendant BMW NA repeats its answers to each and every allegation set forth in paragraphs 1 through 36 of the Complaint as if same were set forth at length herein. 38. Denied. Defendant BMW NA denies the statements set forth in paragraph 38 of the Complaint as conclusions of law. 39. Defendant BMW NA is presently without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 39 of Complaint. 40. Defendant BMW NA is presently without knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 40 of the Complaint. To the extent that paragraph 40 of the Complaint contains conclusions of law such as "justifiably relied" and "express warranties and implied warranties of fitness for a particular purpose and implied warranty of merchantability", same are denied. 41. Denied. Defendant BMW NA denies each and every allegation set forth in paragraph 41 of the Complaint, and further states that allegations as to alleged "express and implied warranties, obligations and representations" are further denied as conclusions of law. S 2215998v1/ASB 2412407v1 42. Denied. Defendant BMW NA denies each and every allegation set forth in paragraph 42 of the Complaint. To the extent that paragraph 42 of the Complaint contains conclusions of law such as "approximate result" and "breach" and "express and implied warranties", same are denied. 43. Denied. Defendant BMW NA denies each and every allegation set forth in paragraph 43 of Complaint as conclusions of law. Moreover, it is specifically denied that the Complaint properly or adequately states a claim for the damages sought under the cited provisions. WHEREFORE, defendant BMW of North America, LLC, requests that judgment be entered in its favor and against the plaintiff, together with costs and reasonable attorney's fees, and that the Complaint be dismissed with prejudice. f'(lT TNT TV PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 44. Defendant BMW NA repeats its answers to each and every allegation set forth in paragraphs 1 through 43 of the Complaint as if same were set forth at length herein. 45. Denied. Defendant BMW NA denies the statement set forth in paragraph 45 of the Complaint as a conclusion of law. 46. Denied. Defendant BMW NA denies the statement set forth in paragraph 46 of the Complaint as a conclusion of law. 9 2215998v1 /ASB 2412407x1 47. Denied. Defendant BMW NA denies each and every allegation set forth in paragraph 47 of the Complaint as conclusions of law. Moreover, it is specifically denied that such an award, under the circumstances alleged, would be a valid exercise of the court's discretion, or that the allegations in the Complaint properly or adequately state a claim for damages under the cited provision. WHEREFORE, defendant BMW of North America, LLC, requests that judgment be entered in its favor and against the plaintiff, together with costs and reasonable attorney's fees, and that the Complaint be dismissed with prejudice. DEFENDANT'S NEW MATTER ADDRESSED TO PLAINTIFF 48. Defendant hereby incorporates by reference its Answers to paragraphs 1 through 47 of the Complaint as if fully set forth at length herein. 49. Plaintiff has failed to comply with, and cannot satisfy the requirements of the Pennsylvania Automobile Lemon Law, 73 P.S. §1951 et seq., and, accordingly, cannot maintain a cause of action under said Act or the Magnuson-Moss Act, 15 U.S.C. §§2301- 2312. 50. Plaintiff has failed to sufficiently plead any violation of 73 P.S. § 1951, et seq., and therefore Counts I, II, III and IV of the Complaint fail to state a claim for which relief may be granted. 10 2215998v1/ASB 2412407v1 51. The Complaint fails to identify any non-conformity which would substantially impair the use, value or safety of the automobile identified in the Complaint, and therefore Counts I, II, III and IV of the Complaint fail to state a claim for which relief may be granted. 52. Plaintiff has failed to identify any alleged non-conformity which manifested during the requisite period and persists after having been the subject of three or more service attempts and, therefore, plaintiff cannot maintain a cause of action under 73 P.S. § 1951 et seq., or under Counts I, II, III and IV of the Complaint. 53. All conditions alleged in the Complaint or otherwise have been corrected and repaired. 54. No applicable warranties were breached by the defendant, and therefore Counts I, II, III and IV of the Complaint must fail as a matter of law. 55. Any implied warranty applicable to the vehicle identified in the Complaint was expressly excluded and/or limited so as to be inapplicable to the claims identified in the Complaint. 56. Complaint, and each Count and cause of action stated therein, are barred by the applicable statutes of limitations. 57. The non-conformities or conditions alleged by the plaintiff do not presently exist. 58. The non-conformities or conditions alleged by the plaintiff did not exist, but were the result of the driver's characteristics of the plaintiff. 11 2215998v1/ASB 2412407v1 59. The existence of any alleged difficulty or condition, if true, is not a result of a defect ornon-conformity in the vehicle, but is the result of intervening actions or conduct of individual entities, including the plaintiff, over whom the defendant has no control or legal obligation. 60. Complaint and each Count and cause of action state therein are barred by the doctrine of estoppel, laches and/or waiver. 61. Under the circumstances here, there is no valid or proper basis for the plaintiff to rescind or attempt to rescind any applicable contract, and any attempt by plaintiff to do so is itself in breach thereof. 62. Plaintiff cannot maintain a cause of action under Counts I, II, III and IV of the Complaint because the subject vehicle has not been used primarily for personal or family use as required under each of the relied-upon statutes. 63. Count II of the Complaint fails to state a claim for which relief may be granted under the Magnuson-Moss Act, 15 U.S.C. §§2301-2312, in that Count II fails to identify any failure to comply with the terms of any applicable express warranty. 64. Plaintiff cannot bring or maintain a cause of action under Count II of their Complaint (Magnuson-Moss claim, 15. U.S.C. §2301 et seq.) in that plaintiff has not and cannot establish the requisite amount in controversy under said Act (15 U.S.C. §2310). 65. Plaintiff has failed to verify his Complaint as required by the Pennsylvania Rules of Civil Procedure, and counsel's verification does not satisfy those Rules, nor any of 12 2215998v1/ASB 2412407v1 the circumstances by which such a verification is appropriate. Accordingly, the Complaint must be dismissed as a matter of law. 66. The allegations of the Complaint establish conclusively that plaintiff cannot satisfy the statutory requirements of Counts I, II, III and IV as a matter of law. 67. Plaintiff s cause of action is insufficient to support a claim for multiplier damages under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 68. Plaintiff cannot maintain a cause of action under the Unfair Trade Practices and Consumer Protection Law pursuant to the provisions of said statute. 69. The measure and amount of damages requested by plaintiff in the "wherefore" paragraph of Count II of his Complaint is improper as a matter of law under the relied upon statute (15 U.S.C. §§2301 et seq.). WHEREFORE, defendant BMW ofNorth America, LLC, requests that judgment be entered in its favor and against the plaintiff, together with costs and reasonable attorney's fees, and that the Complaint be dismissed with prejudice. LINDA Y, McCORMICK, ESTABROOK & COOPER By: ~ _~~ZJ~ ~ ANNE S. BURRIS Attorney for Defendant BMW of North America, LLC 13 2215998v1/ASB 2412407v1 VERIFICATION ANNE S. BURRIS, counsel for defendant BMW of North America, LLC, hereby verifies that the statements made in the foregoing Answer and New Matter to Complaint are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: November 20, 2012 p 2.~.!J ANNE S. BURRIS 14 2215998v1/ASB 2412407v1 CERTIFICATE OF SERVICE I, Anne S. Burris, attorney for defendant BMW ofNorth America, LLC, hereby certify that the original and one copy of the within Answer and New Matter has been forwarded, by FEDERAL EXPRESS, to the Prothonotary, Cumberland County Court of Common Pleas, at the Cumberland County Courthouse, 1 Courthouse Squre, Carlisle, Pennsylvania 17013, and a true and correct copy of the foregoing Answer and New Matter of Defendant BMW of North America, LLC, has been served by FEDERAL EXPRESS, this 20`" day of November, 2012, upon the following: David J. Gorberg, Esq. David J. Gorberg & Associates 700 Times Building Suburban Square Ardmore, Pennsylvania 19003 \4 r By: L2.~~~ ANNE S. BURRIS 15 2215998v1/ASB 2412407v1 a~ ,. _ ~1.111,~.: DAVID J. GORBERG & ASSOCIATES,P.C: y ~-~~"' ii ;' `~~ ~-'-'• ~ ati 1 r~: BY: DAVID J. GORBERG Attorney for Plaintiffs IDENTIFICATION NO.: 53084 700 TIMES BUILDING SUBURBAN SQUARE ARDMORE, PA 19003 215-665-7660 DALE CARR vs. BMW OF NORTH AMERICA, LLC COURT OF COMMON PLEAS NO. 12-6779 AFFIDAVIT OF SERVICE UNDER PRCP #2082 I, DAVID J. GORBERG, being duly sworn according to law, depose and say that I am the attorney for the plaintiff Dale Carr, I did mail to defendant, BMW of North America, LLC, last known address 300 Chestnut Ridge Road, Woodcliff Lake, N.J. 07677 an attested copy of the Civil Action Complaint, the original of which has been filed of record with the Office of the Prothonotary of Cumberland County; and that said complaint and letter were mailed, Certified Mail; and that the attached is a true and correct copy of the letter dated November 8, 2012, and that the attached receipt is the receipt for said certified letter signed by an agent of the defendant on November 13, 2012. DAVID J. GORBERG & ASSOCIATES, P.C. 32 PARKING PLAZA DAVID J. GORBERGt SUITE 700 LAURA L. AP PLEGATE COURTNEY L. SOFIAa ARDMORE, PA 19003 EDWARD B. FEINER~ I -80o-MY-LE M O N "MEMBER OF PA AND NJ BARS I-800-695-3666 tMEMBER OF PA AND NY BARS 2 15-665-7660 FAX 215-563-8738 www.MyLemon.com November 8, 2012 BMW of North America, LLC 300 Chestnut Ridge Road Woodcliff Lake, NJ 07677 RE: Carr vs BMW of North America, LLC DOCKET # 12-6779 Dear SirlMadam: NEW JERSEY OFFICE 208 KINGS HIGHWAY SOUTH CHERRY HILL, NJ 08034 1856) 354-2119 PITTSBURGH OFFICE 1900 ALLEOH ENY BLDG. 429 FORBES AVENUE PITTSBURGH, PA 15219 41 2-894-997p FAX 41 2-894-9983 Pursuant to the current Rules of Civil Procedure, we enclose herein the copy of the Civil Action Complaint, the original of which has been filed by our office in connection with the above referenced matter. You are hereby notified that you have been sued in Court and that you must take action within twenty (20) days from your receipt of this letter or a default judgment may be entered against you. Very truly yours, DAVID J. GORBERG DJG/mk Enclosure CERTIFIED MAIL -RETURN RECEIPT REQUESTED RECEIPT NO.: 7012 1010 00013642 8219 ti ti m a 0 0 0 a 0 ti a 0 N z ~ e~ ~~I~ o ~~ ~ ~ 2 ~~ K w a a • O ~ _ H C 1 a ~ U o ~- ; c o .. .. .~ c v _ g v ~ ~ eo N ~ ... ai N °~ E Q ~M -~ c ~ !n ~ ` ~ ~ ~ n ~ ~- A ~ Q O a (~ c a .~: ~ ~ ~ ~ as ~ .a a Occ~¢` ..c a~ ~v m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DALE CARR ~~ N Pla~nt~ff No.12-6779 20 -- `-4.~ ..:.. N j 0 VS. g+:.:3 C7 C!) ~ ~ -~ ~' W BMW OF NORTH AMERICA, LLC -~ ~ -t, RULE 1312-1 Defendant ~ a ~~ ~ 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: David J. Gorberg ,counsel for th plainti /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 $ not in excess of $50,000.00 The counterclaim of the defendant in the action is n/a The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David J. Gorberg, Esquire, Anne S. Burris, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully -'~~; r"i ~~ ~ --~ ~; ~~ -~:, ~~ -~; -~. ,~. . G' C_. -3 ~ -:e, ~ ~~~bag,~~a~ ORDER OF COURT AND NOW, petition, _ Esq., and ~1t,r I ~ a ~ ~f 200 , in consideration of the foregoing ~ Nr ~g~ ~~ Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J.