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HomeMy WebLinkAbout12-6940Y. ~ ~ I _ rt r.,--,,_ t ' _~ ~~,_. ._.., iii.. + u:. ~ ~ ~iS ~aR~.y~twt~N~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD K. WOLF and CIVIL DIVISION DONNA RAE WOLF, Plaintiffs, ~ N~ ~V ~1 ~S. No.. ~ a. FORD MOTOR COMPANY, Defendant. COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiffs: Donald K. Wolf and Donna Rae Wolf COUNSEL OF RECORD FOR THIS PARTY: Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 210 Grant Street, Suite 202 Pittsburgh PA 15219 (412) 566-1001 WRIT WAIVED a~~~ .~s~ Q~t ~-~ a~uN ~~# ag3o39 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DONALD K. WOLF and DONNA RAE WOLF, vs. Plaintiffs, No.. FORD MOTOR COMPANY, 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 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 maybe 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. Defendant. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DONALD K. WOLF and DONNA RAE WOLF, Plaintiffs, vs. FORD MOTOR COMPANY, Defendant. No.. COMPLAINT 1. Plaintiffs, Donald K. Wolf and Donna Rae Wolf, are adult individual citizens and legal residents of the Commonwealth of Pennsylvania, 14 East Hunter Road, Carlisle, PA 17015. 2. Defendant, Ford Motor Company, is a corporation qualified to do and regularly conduct business in the Commonwealth of Pennsylvania, with its address and principal place of business located at Consumer Affairs, 16800 Executive Plaza Drive, 3 NE-B, Dearborn, Michigan 48126-4207, and can be served at c/o CT Corporation System, 116 Pine Street, Suite 320, Harrisburg, PA 17101. BACKGROUND 3. On or about August 03, 2012, Plaintiffs purchased a new 2013 Ford Escape, manufactured and warranted by Defendant, bearing the Vehicle Identification Number 1 FMCU9J96DUA28186. 2 r } 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 excludins other collateral charges not specified, yet defined by the Lemon Law, totaled more than $42,482.25. A true and correct copy of the contract is attached hereto, made a part hereof, and marked Exhibit "A". 6. In consideration for the purchase of said vehicle, Defendant issued to Plaintiffs 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 Plaintiffs. 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 Plaintiffs. 10. During the first 12 months and/or 12,000 miles, Plaintiffs complained on at least three (3) occasions about defects and or non-conformities to the following vehicle components: defective liftgate and clock. True and correct copies of all invoices in Plaintiffs possession are attached hereto, made a part hereof, and marked Exhibit "B". 3 ~ R COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW 11. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 12. Plaintiffs are "Purchasers" as defined by 73 P.S. § 1952. 13. Defendant is a "Manufacturer" as defined by 73 P.S. §1952. 14. Bob Ruth Ford, Billsburg, PA is and/or was at the time of sale a Motor Vehicle Dealer in the business of buying, selling, and/or exchanging vehicles as defined by 73 P.S. § 1952. 15. On or about August 03, 2012, Plaintiffs took possession of the above mentioned vehicle and experienced nonconformities as defined by 73 P.S § 1951 et sec ., which substantially impair the use, value and/or safety of the vehicle. 16. The nonconformities described violate the express written warranties issued to Plaintiffs by Defendant. 17. Section 1955 of the Pennsylvania Automobile Lemon Law provides: If a manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle... or accept return of the vehicle from the purchaser, and refund to the purchaser the full purchase price, including all collateral chazges, less a reasonable allowance for the purchasers use of the vehicle, not exceeding $.10 per mile driven or 10% of the purchase price of the vehicle, whichever is less. 18. Section 1956 of the Pennsylvania Automobile Lemon Law provides a presumption of a reasonable number of repair attempts if: (1) The same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or 4 (2) The vehicle is out-of-service by reason of any nonconformity for a cumulative total of thirty or more calendar days. 19. Plaintiffs have satisfied the above definition as the vehicle has been subject to repair more than three (3) times for the same nonconformity, and the nonconformity remained uncorrected. 20. In addition, the above vehicle has or will be out-of-service by reason of the nonconformities complained of for a cumulative total of thirty (30) or more calendar days. 21. Plaintiffs have delivered the nonconforming vehicle to an authorized service and repair facility of the Defendant on numerous occasions as outlined below. 22. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 23. Plaintiffs aver the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide or maintain itemized statements as required by 73 P.S. § 1957. 24. Plaintiffs aver that such itemized statements, which were not provided as required by 73 P.S. § 1957 also include technicians' notes of diagnostic procedures and repairs, and Defendant's Technical Service Bulletins relating to this vehicle. 25. Plaintiffs aver the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide the notification required by 73 P.S. § 1957. 26. Plaintiffs have and will continue to suffer damages due to Defendant's failure to comply with the provisions of 73 P.S. §§ 1954 (repair obligations), 1955 (manufacturer's duty for refund or replacement), and 1957 (itemized statements required). 5 27. Pursuant to 73 P.S. § 1958, Plaintiffs seek relief for losses due to the vehicle's nonconformities, including the award of reasonable attorneys' fees and all court costs. WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, attorneys' fees, and court costs. COUNT II MAGNUSON-MOSS (FTCI WARRANTY IMPROVEMENT ACT 28. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 29. Plaintiffs have or may have resorted to Defendant's informal dispute settlement procedure, to the extent said procedure complies with 16 CFR 703. 30. Plaintiffs aver that the Federal Trade Commission (FTC) has determined that no automobile manufacturer complies with 16 CFR 703. See, Fed. Reg. 15636, Vol. 62, No. 63 (Apr. 2, 1997). 31. Plaintiffs are "Consumers" as defined by 15 U.S.C. §2301(3). 32. Defendant is a "supplier", "warrantor", and a "service contractor" as defined by 15 U.S.C. § 2301 (4),(5) and (8). 33. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 34. By the terms of its written warranties, affirmations, promises, or service contracts, Defendant agreed to perform effective repairs at no charge for parts and/or labor. 6 a 4 35. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound by all warranties implied by state law. Said warranties are imposed on all transactions in the state in which the vehicle was delivered. 36. Defendant has made attempts on several occasions to comply with the terms of its express warranties; however, such repair attempts have been ineffective. 37. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) provides: If a consumer finally prevails on an action brought under paragraph (1) of this subsection, he maybe allowed by the court to recover as part of the judgment a sum equal to the amount of aggregate amount of costs and expenses (including attorney fees based upon actual time expended), determined by the court to have been reasonably incurred by the Plaintiff for, or in connection with the commencement and prosecution of such action, unless the court, in its discretion shall determine that such an award of attorney's fees would be inappropriate. 38. Plaintiffs have afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 39. As a direct and proximate result of Defendant's failure to comply with the express written warranties, Plaintiffs have suffered damages and, in accordance with 15 U.S.C. §2310(d)(1), Plaintiffs are entitled to bring suit for such damages and other legal and equitable relief. 40. Defendant's failure is a breach of Defendant's contractual and statutory obligations constituting a violation of the Magnuson-Moss Warranty Improvement Act, including but not limited to: breach of express warranties; breach of implied warranty of merchantability; breach of implied warranty of fitness for a particular purpose; breach of contract; and constitutes an Unfair Trade Practice. 7 t ~ 41. Plaintiffs aver 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. 42. Plaintiffs aver Defendant's Dispute Resolution Program was not in compliance with 16 CFR 703 for the model year of the subject vehicle. 43. Plaintiffs aver that Defendant's warranty did not require Plaintiffs to first resort to a Dispute Resolution Program before filing suit. 44. Plaintiffs aver that upon successfully prevailing upon the Magnuson-Moss claim herein, all attorney fees are recoverable and are demanded against Defendant. WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, incidental and consequential damages, reasonable attorneys' fees, and all court costs. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 45. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 46. Plaintiffs are "Persons" as defined by 73 P.S. §201-2(2). 47. Defendant is a "Person" as defined by 73 P.S. §201-2(2). 48. Section 201-9.2(a) of the Act authorizes a private cause of action for any person "who purchases or leases goods or services primarily for personal, family or household purposes." 8 49. Section 1961 of the Pennsylvania Automobile Lemon Law, provides that a violation of its provisions shall automatically constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. 201-1 et seg. 50. In addition, the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. §201-2(4), defines "unfair or deceptive acts or practices" to include the following conduct: (vii). Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (xiv). Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to, or after a contract for the purchase of goods or services is made; (xv). Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed; (xvi). Making repairs, improvements or replacements on tangible, real or personal property of a nature or quality inferior to or below the standard of that agreed to in writing; (xvii). Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 51. Plaintiffs aver Defendant has violated these, as well as other provisions, of 73 P.S. §201-2 et sec . 52. Section 201-3.1 of the Act provides that the Automotive Industry Trade Practice rules and regulations adopted by the Attorney General for the enforcement of this Act shall constitute additional violations of the Act. 53. Defendant's conduct surrounding the sale and servicing of the subject vehicle falls within the aforementioned definitions of "unfair or deceptive acts or practices." 54. The Act also authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations. 9 WHEREFORE, Plaintiffs respectfully demand 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, RArlto rt A. Rapkin, l rnev for Plainti 210 Grant Street, Su' 202 Pittsburgh PA 1521 (412) 566-1001 io VERIFICATION I, Robert A. Rapkin, being duly sworn according to law, depose and say that I am the attorney for the Plaintiffs, in this action and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. 12 PENNSYLVANIA MOTOt~VEHiCIEiNSTALLMENT SALE CONTRACT, ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. FINANCE CHARGE The dollar amount the credit will cost you. 5 . ~ ~o/a Your Payment Schedule will be: Qf~lG~12Q1~ Dated Amount Financed Total of Payments The amount of credit provided The amount you wifl have paid after you to you or on your behalf. have made al(scheduled payments. No. of Payments Amount of Payments When Payments Are Due 7 $ Monthly, beginning SIMPLE INTEREST Total Sale Price The total cost of your purchase on credit, includ~gypxr d,RyLnpayment of $ E77UUttJJ tJt1 $ $~~~.~~ Security: You are giving a security interest in the motor vehicle being purchased. Prepayment: 1f you pay off early, you will not have to pay a penalty. Filing Fees: $ ~ . UU Late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and preps refunds and penalties. a means es1 In this Contract~~ 'RUTH ~~~~ - ~ ~ - weare 7G'i:3 NURTN Eft RQUTE ~ P~6I~~SBUR~, PA X7019 the SELLER. Name Address Zip Code You are the BUYER(S). i1{?/~D K ~L~ 90NRA ~E I~i€}!.f County. 1 ~ E F4UTER R~7 C I Sl~ PA 17Q 15-337 Name(s) County ~~~~~ Zip Cbde(s) If there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract TRADE-IN: You have traded in '~ ~~~ EkPEDITO#I' I~'!'~~U16l.24L~S~425 the following vehicle: Year and Make Description If a balance is still owing on the vehicle you have traded in, the Seller will payoff this amount on yourbehalf. You warrant and represent to us that any trade-in is free from lien, claim, encumbrance orsecurity interest, except as shown inthe "Itemization of Amount Financed" as the "Lien Payoff" PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against lass or damage to the Vehicle and against liability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured. DEBT CANCELLATION {GUARANTEED AUTO PROTECTION) AGREEMENT IS VOLUNTARY AND NOT REQUIRED AS A CONDITION OF THE CREDIT. This agreement will not be provided unless you sign. below, agree to pay the additional charge, and sign the separate disclosure and agreement page, which is part of this Contract. This agreement ~n~iil apply during the entire #erm of the Contract. This agreement may not caner your entire indebtedness; see the MAXIMUM PROTECTION amncirt statari ;n tha zP~a~ata ~r~~~i~~~~.o ~n~i ~~.oa..,a.,~ Type of Debt Cancellation Agreement Charge Signature Guaranteed auto protection {GAP} $ ~} f A By signing, you select guaranteed. auto protection Signature of Buyer ~~~.~~~ wi~~rtnor urt vrNrcrcHnrr H~rcrrnneni ra vutunlARY ANU NUT REQUIRED AS A CONDITION OF THE CREDIT. The service contract or warranty agreement will not be provided unless you sign the sepan3te agreement with the third party provider, who is not the Seller named above, and agree to pay the additional charge. This section does not apply to any warranty that you may receive for which there is not separate charge. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health {Disability) Insurance are not required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your insurance certificate or policy wilt tell you the MAXIMUM amount of insurance available. All insurance purchased will be for the term of the credit. We may receive a financial benefit from your purchase of credit insurance. By signing, you select Single Credit Life Insurance, What is your By signing; you select Single Credit Accident & What is your which costs $ age? Years Health Insurance, which costs $ age? Years Signature of Buyer to be insured for Single Credit Life. Insurance By signing, you both select Joint What are Credit Life Insurance, which costs $ ____.,_____ youcages? t.-_ Signature of Buyer to be insured for Single CreditAccident&Heolth Insurance PLAINTIFF'S ~ EXHIBIT What are Percentage $ yourages? to be insured IF YOU DO NOT MEET YOUR CONTRA( OBLIGATIONS, YOU MAY LOSE THE MOTO VEHICLE AND PROPERTY THAT YO BOUGHT WITH THIS CONTRACT, AND/0 MONEY ON DEPOSIT WITH THE ASSIGNEE This Contract is between Seller and Buyer. l disclosures have been- made by Seller. Selo intends to assign thiscontract to the Assigner - -~ - amount of S paid to ~~~~~~ ~~~~ & sales tax of $ Cash Price $ ~ ~{~ . ~ Trade-In Value of Trade-In $ ~c~~o. oa Lien Payoff to: ~ $ ~~~ Unpaid Cash Price Balance Optional Debt Cancellation (GAP) $ NSA DocumenfPreparationfee $ ~ ~~ ~ , {) Paid to Othe~s'on Your Behalf To Public Officials for: License, Tags and Regist~i~on~~ $ +fba Lien fee $ a . l~{} Taxes Not Included in Cash Price $ ~.~~ To $ ~A For Messenger Service ITo ' $ '~ ~o ~~ fo•t>r~tlrt Ihsurance Company '-' ~ _._ .__~ _ _ _ w._ .. __ ~. _ - _ S gnat"ores a .o...- . y _cs t^ h~ ~ro~ fir poin' Credit Signatures of both Buyers to he insured for Joint t.r e Insurance Credit Accident & Hearth Insurance For To Insure: , - Vl H1CLE: Yvu have agi eed =o purrhase, under the terms of this Contract, the following motor vehirle and its extra equipment,which is'ca{led the "Vehicle" 'n this Contrac~. N/U Year and Make eries Bu~.y ~ No. GYI. Truck TQn Ca ci Serial um er Equipped _A.T _'.S. `AM FM Stereo - 5 Spd. Other. with _ A.C. _ P.W. _.__ AM•FM ,Tape ^ Vinyl Top _ ASSIGNEE: We may assign this Contract.and Security Agreement to a sales finance company wfiich is the "Assignee." If the Assignee assigns the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and benefits of the Seller in this Contract and in the Security Agreement shail belong to and he enforceable by the Assignee. Tlie Assignee will notify you when and if Seller makes an assignment. ~ ~~~ To $ ~/A • For io $ ~~~. } For To f A y ~JQ R MEMBERS 1ST FEDERAL CREDIT UNION For P.D. BOX 40, MEGHANICSBURG, PA 17fl55 To CO-SIGNER: Any person signing the Co-signer's Agreement below promises separately and together with all Co•Signer(s} and Buyer(sj, to pay.. ~ M jA all sums due and to perform all agreements in this Contract Co-Signer will not bean Ownerof he Vehicle. For GO-OWNER: Any person signing the Co~Owner?s Security Agreement below gives us a security interistin the Vehicle and agrees separately and Amount Financed together with all Co-Owner(s) and Buyer(s), to perfarm all agreements in the Security Agreement and all other parts of this Contract except the "Promise to Pay" section. ~ 27$~~5, jZ TERMS: The terms showmin the boxes above are part of this Contract. We may retain a portion of amounts marked' PROMISE TO PAY: You agree to pay us he Totai Sale Price far the Vehicle by making the Cash Dawnpayment and assigning the Trade-1n, if shown above; on or before-the dato,iif`tfiis Con#act, anc paying us the Amount Financed plus interest. You promise to make payments in accordance wfth the Payment:Schedule. You promise to make payments on or before the same day'oi each month a: the first payment due date;You agree. to pay all other amounts which may become due under the terms of this Contract You agree to pay the Seller or Assignee costs `at sdit You al~O:agree 4ir pay reasonable attorneys' fees if Seller or Assignee hires an attorney to collectamounts due under this Contract orta prated or get possession of the Vehicle. You agree to make paymerts afthe place er tc send payments to the address which the Assignee most recently specifies in the written noticeto you. The AnntTal Percentage Rate may be negotiable with the Seller. ADDITIONAL flISGLOSURES, TERMS AND CONDITIONS: The Se/ler may assign this contract and retain its fight t0 Disclosuresi Before signing this Cantract, be sure,that you receive and read the Disclosure tc Buyer. receitre a part of the Finance Charge. Terms and Conditions: Before signing this Contract, be sure you receive and read the following, if marked X which are additional pages to and part of this Contract ® This Contract continues on the reverse side. ^ 4}ebC CgflC~@I{ILIDfI (~li~f~f1l@t?d i>il(0 fsf©E@CLiDiI~ BEp~fnl$ {{13fE~ltfg+ By signing befgw, we agree to sell the Vehicte to you under the terms of this Contract NflT{CE T{J~; QUYER-DO NOT SIGN THIS COh~ ! ENTITLED Ta RN EXACT COPY OF THE CONTR~~. ~ - " PROTECT Y LEGAL C H SELLER.. 60B RUTH FQRD, IKC. ~---'.~ ~~~~~;~~ { BUYER ^ - 8Y: ~ ~11YER 1 ~ ~° 3 ,~e.,.~..., ~ !~ ' ~ ~ ~~ Date Date CO-SIGNER: YOU SHOULD READ 'LHE NOTICE TO CO-SIGNER, WHICH' HAS -BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. CO-SIGNERS AGREEMENT: You, the person (or persons) signing below. as "Co-Signer," promise to pay to us all sums due on this Contract and to perform a}l agrcenients.in this Contract. You intend to belegally bound by all the terms of this Contract, separately and together, with the Buyer. You are making this promise to rnduce us to make this Contract with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have-: made any prior demand-for payment on the Buyer or exercised our security interest: You also acknowledge receiving a completed copy of this Contract. Co-Signer's Signature Address Co-Signer's Signature ~ Address. ACl'ETi:Tt'MI%NTe Ynu the...Prc..n ";e.,;.,., r,~r„.....,.. ~~r+,, n....__ ~ .___.~ -~:_.>__.~_,. -_--' Date Date - ~ - F - - ~~_ ~= vcu~a nric vcug au-vi we vWACrs Or ore V'elilCle, give us a security interest. in the Vehicle ident~ed above. You agree to be bound by the terms of the Security Agreement and all other pare of this Contract except the "Promise To Pay" secrion. You are giving us the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sumsdue on this Cantract. You will-not be responsible for any deficiency which mightbe due after repossession and sale of the Vehicle. Co-Owner's Signature Address. Date BUYfR, ~O-S~G~~~~D CO~II~NER, tf~A~'PttCABIE, AC1~i~OWIED~~~~~i~~~y ~i AT TN'f TfiM°E Of SAC, ttlf~C~ TNE~DD{T~INAI ~DiSCCQS~RfS A `D P +~ES~LI!S~~~N TH~~CT ADDt l~A1~ ~ t~~~ ~ ~RE , TERM R(~DCONDITIONS. ,~ , ~_ r Ir ~~t -` r ~:' l ,r ~ ~ r ~~~~~~ BUYER BUYER - ` CO-SIGNER CO-SIGNER OR CaOWNER NOTICE: SEE REVERSE SIDE~OR IMPORTANT INFt9RMATION. Wonera Kluwer Financial Servioas ®21x41.2008 To Reorder Form: t-800-552-941o PA 123tSC-SLC 3r2912008 .. .. _ ::. .. :. . ENG:2.OL I4 GTDI ECOBOOST ENGINE c . ~ ~ , n nnr_, ~ , c . , o ~ naTTr_i ~ T'DAT . ~ _ G'LT277!n CTi!T.7:.C`TC:T?T FT ATTT'(1 TRANS AXT, - R I M~r_ F? _ _ _ 1 ON BEHALF OF SERVICING DEALER, I HEREBY GERT~Y THAT THE LIMITED WARRANTY INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHOWN. SERVICESDESCRI~DWEREPERF01>~AEDAT NO CHARtiETO SaNiglParls azewarranled OWNER THERE WAS NO MIDICATION FROM THE APPEARANCE OF THE 12,000 miles or 12 mortis, VEHICLE OR OTHERWISE, THAT ANY PART REPAtl2ED OR REPLACED whichever conws first. This UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY warranty does not exclude or ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPQRTMG TH15 modtlykap any olF»rwa-ranly CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT pnacriDed by law. Labor NOTIFICATION AT THE SERVICING DEALER FOR INSPECTI MANUFACTURER'S REPRESENTATIVE. •, ~~ ~ ~~..,.~,.,;,,., ~~ _ _..._ T{FfALS'r I PARTS AMOUNT I I LESS INSURANCE I r ` TFIIS AMOUNT CUSTOMSR COPY ,~ CUSTOMER #: 2437781 DONALD K WOLF DONNA RAE WOLF 14 E HUNTER RD CARLISLE, PA 17015-4337 HOME:717-243-7781 CONT:N/A BiTS~ 717-dR~-n1a~ rz!r.T.. ~oB Rv~ry 155039 INVOICE QILL8 , PA P.O. BOX 446 700 NORTH US ROUTE 15 DILLSBURG, PA. 17019 PAGE 2 (717) a3z-961a (717}766-2003 SERVICE ADVISOR: ::<;;::;;;,..,A~;.,~; ~~:< ~ ~:>::>::::>::>>:: >::>:>:> r~:>;:<.<>>: >::'>:' Ur I Iorvs: STK : T02 0 3 DLR :16 515 ENG:2.OL I4 GTDI ECOBOOST ENGINE 1.5:33 14AiIGl2 16:19 20Ai7C1~ TRN•~_fip~!T,+Tj C'~L~T.L~f'~rQVTtn rrn..n .n~n~an ...~ ,. ,,.____ 00679 - RECALIBRATED *********** :«. a,. ON BEHALF OF SERVICING DEALER; I HEREBY CERTIFY THAT THE INFORIdATION CONTAINED FiEREON LINKED WARRANTY il~'Pf01,1 ~ ~ TOTJi '" " IS ACCURATE UNLESS OTHERWISE SHOWN. SERVICES DESCRI~p WERE PERFORMEDAT PIO CHARGE TO ServiceJParts are w t LABOR AMOUNT Q OWNER THERE WAS NO MIDICATION FROM THE APPEARANCE OF THE VEHICLE OR OTHERWISE THAT ANY PART REPAIREp O attan ed 12.000 miles or 12 moms, PARTS AMOUNT ~ . , R REPLACED UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY A C whid~sver canes first. This warcenty does not ezdude GAS, OIL. LUSE ~ ' C IDENT. NEGLIGENCE OR MUSE RECORDS SUPPORTUVG THIS CLAIM ARE AWULABLE FOR (1) YEAR FROM THE DATE OF PAYM ar ~ ~yolhxwaRSnty SUBLET AMOUNT Q ' ENT N0T7FICATION AT THE SERVICING DEALER FOR fNSPECTION BY MANUFACTURER'S ~~ ~ ~~ re ~ M~• CHARGES ~ . REPRESENTATIVE, ~~ ~~ ~~ _ ~ TOTAL CHARGES Q . tNnes motor rtwnuel su98eslsd time schedule. LESS INSURANCE _ • _ -- _ _ _ _ 0 . PLEASE PAY I ; THIS AMOUNT > 0 . 0 0' COSTOMSR COPY r ~ F • Boa Ru-r~y CUSTOMER #: 2 4 3 7 7 81 15 514 3 DONALD K WOLF INVOICE DILLS Ci, PA DONNA RAE WOLF P.O. BOX 446 • 700 NORTH US ROUTE 15 14 E HUNTER RD DILLSBURG. PA. 17019 CARLISLE, PA 17015-4337 PAGE 1 (717)432-9614 (717)766-2003 HOME:717-243-7781 CONT:N/A BUS: 717-486-0162 c~LL: SERVICEADVIS(7R: 2925 RTCT4 >~>z~~:?'?z:'<%z< >_»:::>~>::>:>sSF~•. "::z:::_::_'a:'s~:: OPTIONS: ' ..... STK:T0203 DLR:16515 ENG:2.OL I4 GTDI ECOBOOST ENGINE 7 F, • 44 1 fnTT(_1 7 1 ~ . ~ S 2l1nTT(~1 7 TAN• ~-CD~!F.T1 CF.T.i+'.(`TCT.iTF'I' nrrrn Tt7nNC nXT. ~ R (Mnro 1 000541 VERTFTY THAT THE _ _ - __.._ ~' ~~'HE ONE TOUCH ; _. __. ***~*** ************** Ford Motor ~:v:u <, ~ '' ~_ ~ '` any. rE•ason you .cannot _ answer. all af_: the contact the Service Manager Denny Miller .:. < ~~` f•~~Q:~ ~~~:.~~8~:. ~12'~~ ::~'.:~' :'business' ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE LNYtlTED WARRANTY INFORMATION CONTAINED HEREONIS ACCURATE UNLESS OTHERWISE LABOR AMOUNT O 00 SHOWN SERVK'~SDl18EDWERE PERFORMEDAT NO C AR E ~ . H TO G OWNER. THERE WAS NO MIDICAT'ION FROM THE APPEARANCE OF THE SenrioelParts are warranted 12,000 nrles or 12 montFrs, PARTS AMOUNT O . O O VEHICLE OR OPHERYVISE, THAT ANY PART REPAIRED OR REPLACED Whichever canes tirsL This GAS Oq LUBE UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH AHY , ., 0 . O O ACCIDENT, NEGiLK3~1CE OR MISUSE. RECORDS SUPPORTRiG THIS warranty doaa not axckids or modMyhg any other warranty SUBLET AMOUNT O . O O C1AlM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT prescribed by Iaw. Labor ML4C CHARGES R DEALER FOR INSPECTION BY A I char es are based n di . O . O O MANUF CTURER'S REPRESENTA TIVE. g o prova ng hourly taborratan - TOTAL CHARGES 0 . O 0 timea motor manual suggesbd time schedule LESS INSURANCE O . 0 O . SALES TAX 0 . 0 0 (s>ar+~) ~+t.t=_R. RAL IwaN,aotcR oR AUTHORQED PERSd~I (DATE? PLEASE PAY i : : :: THISAMQUNT .... ....::... .:~:~: ~. .;::.: : ~;:::....0..:fl: CIISTOIdBR COPY ,~y~B RUThI CUSTOMER #~: _2437781 156139 DONALD K WOLF *INVOICE* DILISB RG, PA DONNA RAE WOLF P.O. BOX 446 700 NORTH US ROUTE 15 I4 E HUNTER RD DILLSBURG, PA. 17019 CARLISLE, PA 17015-4337 PAGE 1 1717) a32-ssta HOME :717 - 2 4 3 - 7 7 81 CONT : N/A 1717) 766-2003 BUS: 717-486-0162 C LL: SERVICE ADVISOR: 2925 RICH 0 ~;~`~ .... ?r:.... '::. ': vPTlvivs: STK : T 0 2 0 3 DLR :16 515 ENG:2.OL 24 GTDI ECOBOOST ENGINE 16:47 19SEP12 15:34 030CT12 TRN:6-SPEED SELBCTSHIFT AUTO TRANS AXL:B (More...) AUTH CODE: 002073 TESTED LIF'FGATE TRIM PANELS, LEFT REAR . .a?'.. ..Y .................R...................................................... GROUND PER HOTLINE- CIRCUITS. CONTACTED HOTLINE- CODE TES FROM INTERIOR SWITCH, LIFTGATE SWITCH, AND HANDS FREE SENSORS, ALL ~; ::'~~lc. '~~. ~ ~~,:1~FTL:~f ~:~:,~-:':;:;'.:~''~:.?'i'':::':i`...?ki:';':'i``2i`<<~?x?:i2:~ct>?`~~:'Yi`cii>::''i= ySii:.:%'air`~:c?: C.`: ~St':.'.~`~~`:~':`,_!~~~~i:>"'~5~~;:a~' r ~' `. < ::~~#'~R ":. .: 's5:.. ...... ~~NG! AT ....... .....................................................; ~...~... ........~..:..:~ W~~ _ TIMES .. ;. 6796 LARRY LIC#: 6796 002073 VERIFIED INCORRECT TIME. CHECKED OASIS AND TSB'S- SSM 22467. .. CORRECT TIME. ' ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE UMII'EO WARRANTY ....... ~~ ~~ 'tElif~LS INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SHOWN SERVICES DESCRI®ED WERE PERFOR ED T LABOR AMOUNT . M A NO CHARGE TO OWNER. THERE WAS NO INDICAT)ON FROM THE APPEARANCE OF THE Senrice/Parts are warranted 12,000 mites or 12 months, PARTS AMOUNT VEHICLE OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED UNDER THiS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY whichever comes first. This GAS, 0)L, LUBE ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS warranty does not exclude or modifying sny o~rer warranty SUBLET AMOUNT CLAIM ARE AVAILABLE FOR Ii) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY prescribed by law, Labor char es are ba d i)i M)SC. CHARGES MANUFACTURER'S REPRESENTATIVE. g se on prova ng hourly labor rates - TOTAL CHARGES times motor manual su ested time sched le LESS INSURANCE gg . u SALES TAX (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE- ER A R PLEASE PAY THIS AMOUNT CUSTOMER COPY .. . CUSTOMER #: 2437781 DONALD K WOLF DONNA RAE WOLF 14 E HUNTER RD CARLISLE, PA 17015-4337 HOME:717-243-7781 CONT:N/A BUS: 717-486-0 62 CELL: ~o~ RuTy 156139 *INVOICE* biLLS RG, PA P.O. BOX 446 700 NORTH US ROUTE 15 DILLSBURG, PA. 17019 PAGE 2 (7 t 7- 432-9614 (717? 766-2003 SERVICE ADVISOR: 2925 RICH '` ' '`"~~""""""°''~' STK:T0203 DLR:16515 ENG:2.OL 24 GTDI ECOBOOST ENGINE 16:47 19SEP12 15:34 o~nC'T12 Tt?uT.~_en~~r~-'e~r,r~nors,-~~., „r,.,,.. .,..._..., __._ _ ,__ CIIST~MFR f"nPY ~p J 1; r CUSTOMER #: 2437781 DONALD K WOLF DONNA RAE WOLF 14 E HUNTER RD CARLISLE, PA 17015-4337 HOME:717-243-7781 CONT:N/A 156139 *INVOICE* DUPLICATE 2 PAGE 1 SERVICE ADVISOR: ~pB R~Th DILLS G, PA P.O. BOX 446 700 NORTH US ROUTE 15 DILLSBURG, PA. 17019 (7171 432-9614 1717) 766-2003 ;4.00 __ _ _ ._ _ _ . _____ _. tN1c) t~~~) ~'~ ; ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE LIMBED WARRANTY -- --- - `' ~ ~ '~`~'$ INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE LABOR AMOUNT SHOWN. SERVICES DESCRMED WERE PERFORMED AT NO CNARGE TO Service/Parts era warranted S OWNER. THERE WAS NO {NDICATiON Ff3pM THE APPEARANCE OF THE VEHIC E 12,000 mflea or 12 months, PART AMOUNT L OR OTHERWISE, THAT ANY PART REPAIRED OR REPLACED whichever comas first This OAS OIL LUKE UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY . warrarrt d d , , ACCIDENT, NEGLIGENCE OR MISUSE, RECORDS SUPPORTING THIS CLAIM AR£ AVAILABLE FOR y oes not exclu e Or madifyiny any other warranty SUBLET AMOUNT (1) YEAR FROM THE DATE OF PAYMENT prescribed by law Labor MIS DEALER FOR INSPECTION BY M CU R N V . cfiarges aro based on rovailin C. CHAR$ES ANUFA RER'S REP ESE TATI E. p g hourly labor rates - TOTAL CHAA$ES timea motor manual LESS INSURANCE suggested time schedule . SALES TAX (SIGNEDI DEALER, GENERAL MAN GEFt OR AUTHORIZED PERSON (DATE) U A PLEASE PAY TH13 AMOUNT vPTlolas: STK:T0203 DLR:16515 ENG:2.OL I4 GTDI ECOBOOST ENGINE CUSTOMER COPY t ~ . , ~,oB Rury CUSTOMER #: 2437781 156139 DONALD K WOLF *INVOICE* DILLS G, PA DONNA RAE WOLF P.O. BOX 446 700 NORTH US ROUTE 15 14 E HUNTER RD DUPLICATE 2 D)LLSBURG, PA. 17019 CARLISLE, PA 17015-4337 PAGE 2 (7171432-9614 HOME:717-243-7781 CONT:N/A (717) 766-2003 $US: 717-486-0162 CELL: SERVICE ADVISCIR: 2925 RICH ,'" ......... ......._:~ ..........:.......:... STK:T0203 DLR:16515 ENG:2.OL I4 GTDI ECOBOOST ENGINE 16:47 19SEP12 17:49 220CT12 TRN:6-SPFsED SELECTSHTFT ATTi'n TRANG AXT.•R (Mora ON BEHALF OF SERVICING DEALER, i HEREBY CERTIFY THAT THE LIMITED WARRANTY :E1bN 'FO't'A?:.S INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE LABOR AMOUNT SHOWN. SERVICES DESCRIBED WERE PERFORMED AT NO CHARGE TO S O . O O OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE VEHICLE OR OTHER ervice/Parts are warranted 12,000 miles or 12 months, PARTS AMOUNT ~ . O O WISE, THAT .ANY PART REPAIRED OR REPLACED UNDER THIS CLAIM HAO BEEN CONNECTED IN ANY WAY WITH ANY whichever comes ffrst. This warrant d d GAS, OIL, LUKE 0 . O O ACGDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS CLAIM ARE AVAILABLE FOR 11) YEAR FR y oor not exclu e or modifying any other warranty SUBLET AMOUNT O . O O OM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING prescribed by law. Labor MISC. CHARGES O OO DEALER FOR INSPECTION BY charges are rased on prevailin . MANUFACTUflER'S REPRESENTATIVE. g hourly labor rates - TOTAL CHARGES O . OO times motor manual LESS INSURANCE O suggested time schedule . O O (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON {DATE( . CU ER NATO E SALES TAX 0 . O O PLEASE PAY TMIS AMOUNT 0 v~~ cvsTai~x. copy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSILLV NIA== Donald K. Wolf ,- Plaintiff cs> C) C3..M.. vs No. 12-6940 Civil Term _-q Ford Motor Company 's" = Defendant Rule 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert A. Rapkin, Esquire, counsel for plaintiff in the above action,respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is less than $50,000.00 The.following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: Paul K. Russell, Esquire, 326 South Livingston Avenue,Livingston,NJ 07039 WHEREORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectful) submitted R e . Ra n, Esq 66 Lc�g QI ttorney for Plain ' f G(1Y17 Ca a1q� ORDER OF COURT R# AND NOW,_ 2013, in consideration of the foregoing petition, Esq., and —Esq., and Esq., are appointed in the above captioned action as prayed for. By the Court, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSjLV NIA-t � w Donald K. Wolf :Z. Plaintiff --C . CJ ^: vs No. 12-6940 Civil Term Ford Motor Company Defendant Rule 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert A. Rapkin, Esquire, counsel for plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is less than $50,000.00 The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: Paul K. Russell, Esquire, 326 South Livingston Avenue,Livingston,NJ 07039 WHEREORE,your petitioner prays your Honorable Court to appoint three(3) arbitrators to whom the case shall be submitted. RespectfullIX submitted R e . Ra n, Esq m L s�e g, Q , Attorney for Plain ' f a T 7 .•�` ORDER OF COURT eiV # aQ0t00?:� AND NOW,'nd4, Ae)_2013, in consideration of the foregoing petition, J Esq., and /' —Esq., and M U = ­ M 5w4 i - _Esq., are appointed in the above captioned action as cn> C5 <c� - prayed for. By the Court, '`w ` J. Pohe,4 A P4,ok,,t '� Paw iea ssG it rte✓ 4�e'e DONALD K. WOLF & DONNA RAE WOLF In the Court of Common Pleas of Cumberland FORD MOTOR COMPANY Plaintiff County, Pennsylvania No. 12 -6940 Defendant Civil Action—Law. Oath We do solemnly swear(or affirm)that we will support, obey and defend the Constitution of the United States and the Constituti of this Commonwealth and that we will discharge the duties o ur office with fidelity. 14�1 Signature tAMES ature gnatur R. MARK THOMAS, Esq PROCTOR, Esq JOHN NINOSKY, Esq Name (Chairman) Name Name Law Firm Law Firm Law Firm 101 S. MARKET STREET 17 E. HIGH STREET PO BOX 109 Address Address Address MECHANICSBURG 17055 CARLISLE 17013 LEMOYNE 17043 .City, Zip City, Zip City, Zip Award We,the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) /to? Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: SEPTEMBER 12, 2013 Date of Award: 6/1 (Chairman) Notice of Entry of Award Now,the day of : tice ,20 13 at M., the above award was entered upon the docket and n thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ '71 b.Slj By: Prothonotary C Deputy NL P O.ThONG 1AR 7013 Stp =p.2 pt! 1; CUMBERLAND cOUNTY PENNSykYANIA /'ere Aw 4 t t "e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Donald K. & Donna Wolf CIVIL DIVISION Plaintiff, NO.: 12-6940 CIVIL vs. PRAECIPE TO SETTLE, DISCONTINUE AND END Ford Motor Company, Defendant. Filed on behalf of Plaintiff: Donald K. & Donna Wolf Counsel of Record for this Party: Richard A. Scholer, Esq. PA I.D. No.: 93331 KIMMEL & SILVERMAN, P.C. 100 Ross Street, Suite 330 Pittsburgh, PA 15219 (412) 566-1001 r� n, r , w CD 7 co IN THE COURT OF COMMON PLEAS OF Cumberland County,PENNSYLVANIA CIVIL DIVISION Donald K. & Donna Wolf ) ) Plaintiff, ) ) vs. ) NO.: 12-6940 CIVIL ) Ford Motor Company, ) ) Defendant. ) PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinued. Respectfully submitted, /I/4 Richard A. Scholer, Esquire KIMMEL & SILVERMAN, P.C. Attorneys for Plaintiff o CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the within Praecipe to Settle, Discontinue, and End was served on October 3, 2013, via U.S. Mail and facsimile, receipt confirmed, to: Paul K. Russell Dobis, Russell & Peterson P.C. 326 South Livingston Avenue Livingston, NJ 07039 973-740-2474 Richard A. Scholer, Esquire KIMMEL & SILVERMAN, P.C.