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HomeMy WebLinkAbout13-1479 HELE CHISOLM : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA HY MOTORS AMERICA No. C IVII Zo Defendant Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. 1F YOU WISH TO DEFEND AGAINS'I THE CLAIMS SET FORTH IN THE FOLLOWING PAGES. YOU MUST TAKE ACTION WITHIN TWEN'T'Y (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 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 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 C� VO �ag'7-D09 1 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 Helen Chisolm 2014 Swatara Street Harrisburg, PA 17104 COURT OF COMMON PLEAS vs. Cumberland Hyundai Motor America 10550 Talbert Avenue Fountain Valley, CA 92728 COMPLAINT 1. Plaintiff, Helen Chisolm, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing 2014 Swatara Street, Harrisburg, PA 17104 2. Defendant, Hyundai Motor America 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 10550 Talbert Avenue, Fountain Valley, CA 92728. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about April 2010, Plaintiff purchased a new 2011 Hyundai Sonata (hereinafter referred to as the "vehicle "), manufactured and warranted by Defendant bearing the Vehicle Identification Number 5NPEB4AC3BH014061. The vehicle was purchased and registered in the Commonwealth of Pennsylvania. 5. The price of the vehicle, including registration charges, document fees, sales tax, but, excluding other collateral charges not specified, totaled $21,896.95. 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. T 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 April 2010, 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, clunk noise (3xs). 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. 11 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. COUNT MAGNUSON -MOSS FEDERAL TRADE COMMISSION IMPROVEMEN ACT 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 "Consumer" as defined by 15 U.S.C. §2301(3). 20. Defendant is a "Warrantor" as defined by 15 U.S.C. §2301(5). 21. Plaintiff uses the subject product for personal, family and household purposes. 22. 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. 23. Defendant failed to make effective repairs. 24. 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 25, 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. 26. 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 II UNIFORM COMMERCIAL CODE 27. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if fully set forth at length herein. 28. 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. 29. The purpose for which Plaintiff purchased the vehicle include but are not limited to his personal, family and household use. 30. 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. 31. 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. 32. Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendant to honor its express and implied warranties. 33. 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 III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 34. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if set forth at length herein. 35. 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. 36. 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. 37. 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 & ASS061ATES, P.C. f BY: DAV GO , ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, after having read the attached pleading verifies that the within Civil Action Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Civil Action Complaint is that of counsel and not of signer. Signer verifies that he has read the within Civil Action Complaint and that they are true and correct to the best of the signer's knowledge, information and belief. To the extent that the contents of the Civil Action Complaint are that of counsel, verifier has relied upon counsel in taking this verification. This verification is made subject to the penalties of 18 Pa C.S. 4904 r relating to unsworn falsification to authorities. X Gorberg D VID J. GORBERG Date: Af - A° 7'.--051058 BMV DEPOSIT CONTROL @003 a COMMONWEALTH OF PE'INSYLYANIA REGISTRATION CREDENTIAL -cEXPIRY: APR 30, 2013 VALID: 04/30/72 LATE: MICTOSH ,TITLE: 6 8228312801 CH r IN: SNPEMAC3214014061 l "R /MAKE: 2DII HYUNDAI LrTYPE: SON i UIID: 12121 1015 OOOlI2-001 7 EMISSIONS INSPECTION REQUIRED /DIESEL VEHICLES EXEMPT COUNT HELEN F CHISOLM 201"4 SWATARA ST HARRISBURG PA "'''17104 17 / 7F i 0; OP: 1. ` 7177051058 BXV DEPOSIT CONTROL 002 1., 1 Lunlr Ur IY I CK r Hn NU. 1177956037 P. 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Dovosu : ooa ° `y' ' $aGy+� rd,o�' p ca rl a UVP.ald : • w►� — Mye a s M oore cwe rt Y� e, c e ordered) p er free e srrl re!adnC tO the Qle movull dt y ; e • ' .. love �a�r �� bndl 01 UM of e9fO r l t ��y'�pgp � � et�ly m'Id �� �I,tir6 9taa'"°nt st tlt0 t e �� hoc to cpfftpkoA end r *tees %I tl►b paler tndud°� r to s eppr e PurcAsa° ens as d t119 date t , WO nae n0+etlY• 1�•-�"__ he Ac c �aoe>a _Man c.mw r PurchaWrM �. s 10/26/2012 08:51 FAX 7177051058 B9V DEPOSIT CONTROL IA 004 CUSTOMER #: 21666E Fatflkner UNIT# BH014061 389879 ��� *INVOICE* 11 y �1 CA1 HELEN F CHISOLM TO BE SURE 2014 S WATARA ST P.O. Box 2861 - 2060 Paxton Street HARRISBURG, PA 17104 -1940 Harrisburg. PA 17105 HOME : 717 - 5 71 _ 2 9 7 2 �ONT : 5 71- 2 9 7 2 PAGE 1 Telephone: (717) 238 -7324 www.faulknenobesure.com BUS: 'ELL SERVICE ADVISOR: 714 2 AN 0 J POULIN COLOR YEAR MAKE /MODEL VIN LICENSE MILEIAGE IN / OUT. TAG RAD I ANT S I 1 '. P 4 M 2AP 0 D DEL. DATE PROD. DATE ?. WARR. EXP. 7.00 80 PROMISED 12 PO N RATE PAYMENT INV, DATE R.O. OPENED READY OPTIONS: SlI 08OCT12 STK:BH014061 DLR:PA076 2)1S96S 0 0 T T1 LINE OPCODE TECH TYPE HOURS _ LIST NET TOTAL A CUSTOMER STATES - 'HERE ZS: A KNOCKING NOISE ?WHEN "SHIFTING'' FROM REVERSE TO DRIVE IdTERMITANTLY, CHECK AND ADVISE 999 CHECK FOR KNOCKING-NOISE ' - WHEN - SHIFTING -INTO. AND OUT of PARK 9927 `IyPP ;. PARTS: 0.00 ?LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 ,,,, 18280 noticed t.he car would shift harsh from reverse to drive ' would actually shift twice into drLVe: :Ahd 2nd`shift:uias harsh._. reset trans. ,,:,adaptives and I.)roblem seems fixed B PERFORM MULTI POINT INSPECTION CAUSE: PERFORMED WkLK'AROUND MULTI POINT INSPECTION MPI PERFORM M1:"LTI POINT INSPECTION 9:92 T ':SPp PARTS: 0.00 IABOR 0.00 OTHER: (NIC 0.00 TOTAL LINE B: 0.00 C CUSTOMER :`REQUESTS ;PRICE : 2•TND :' AVAIL; OF ::REMOTE ,`START SYSTEM: 999 CHECK PRICE AND AVAIL. OF REMOTE START SYSTEM 9927 ISPP PARTS: 0.00 LABOR: 0 (N %C) .00 OTHER: 0.00 TOTAL LINE C: 0.00 ,,,,18280 ORDERED REMOTE START SYSTEM. QUOTED ,,.,PLUS TAX. PRICE TO INSTALL $692.06 I hereby authorize the repair .vork herein set forth to be done along with the necessary DESCRIPTION TOTALS material and agree that you aro not responsible for loss or damage to vehicle or articles left LABOR AMOUNT in vehicle in case of fire, theft, or any other cause beyond your control or for an delays • 0 caused by unavailability of par's or delays in parts shipments by the supplier or trans PARTS AMOUNT 0 0 I hereby grant you and/or your employees permission to operate the vehicle herein described �• OIL• LOBE on streets, highways or elsewhere for the purpose of testing and/or inspection. An express SUBLET AMOUNT 0 0 mechanic's lien is hereby acknowledged on above vehicle to secure the amount of repairs MISC. CHARGES . 0 thereto. 0 .00 1 HEREBY ACKNOWLEDGE RECEIPT OF A COPY HEREOF. TOTAL CHARGES LESS INSURANCE SALES TAX X PLEASE PAY THIS AMOUNT 0 60 0 CUSTOMER COPY 10/26/2012 08:52 FAX 7177051058 BKV DEPOSIT CONTROL Q 005 FatAkner CUSTOMER 4: 216668 390601 j��,�� UNIT# RHO14061 j GLL *INVOICE* TO BE SURE HELEN F CHISOLM P.O. Box 2861 • 2060 Paxton Street 2014 SWATARA ST Harrisburg. PA 17105 HARRISBURG, PA 171(4-1940 PAGE 1 Telephone: (717) 238 -7324 www_fauiknortobasure.com HOME:717 -571 -2972 ('ONT:571 -2972 B US: CEL SERVICE ADVISOR: 7242 RNT NX J POULIN COLOR YEAR MAKEIMODEL VIN LICENSE MI LEAGE .IN / OUT t 951 TAG T P T H 0 DEL. DATS PROD. DATE ARR. EXP... PROMISED.'.. PO NO. RATE PAYMENT INV.. DATE 12 APR10 D : 0 40 T12 .0 (7!AqT4 240C11 R.0 OPENED READY OPTIONS: STK:BH014061 DLR:PA076 2) 1596S 4 QQT 1 2 - :OCT' 2 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A CUSTOMER STATES.TRER8 IS.A "KNOCKING NOISE WHEN:SHIFITNG: -INTO DRIVE" FROM PARK AFTER VEHICLE SITS OVERNIGHT 999 CHECK 'FOR ANY. NOISE WHEN:`. VEHICLE FROM PAR::C TO DRIVE IN THE MORNING WHEN IT IS COLD 9927 I3PP (N /C) PARTS: 0:00 LABOR 0.00 OTHER`: 0.00 -TOTAL .LINE A: :0.00 ,,,,19000 STARTED - VEHICLE:AND SHIFTED..FROM PARK To DRIVE-! AND DID NOT•' HEAR ANY ABNORMAL NOISES AT THIS TIME. SHIFTED VEHICLE FROM PARK TO ALL FORWARD. AND REVERSE.. TIMES::: AND STILL' DID? NOT 'HEAR: AN ,,,,ABNORMAL NOISES. NO REPAIR ATTEMPT MADE AT THIS TIME. B PERF nanl MULTT POINT -- INSPECTION CAUSE <- PERFORMED 'WALK AROUND MULTI :POINT: INSPECTION' MPI PERFORM MULTI POINT INSPECTION 9927 ISPP ;; (N /C) PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE )3: 0.00 ADVISED'CUSTOMER. THE .OIL IS DUE TO BE CHANGED. CUSTOMER DECLINED; STATED '.SHE HAS ° OIL CHANGES DONE A TIRES PLUS. 1 hereby authorize the repair work herein set forth to be done along with the necessary DESCRIPTION TOTALS material and agree that you are not responsible for loss or damage to vehicle or articles left LABOR AMOUNT 0.00 in vehicle in case of fire, vlefl, or any other cause beyond your control or for any delays PARTS AMOUNT Q caused by unavailability of oars or delays in parts shipments by the supplier or transporter. GAS, OIL, LUKE 0.00 I hereby grant you and/or y<xwr employees permission to operate the vehicle herein described on streets. highways or elsewhere for the purpose of testing andlor inspection. An express SUBLET AMOUNT 0 mechanic's lien is hereby ricknoWedged on above vehicle to secure the amount of repairs MISC. CHARGES 0.00 thereto. TOTAL CHARGES I HEREBY ACKNOWLEDGE RECEIPT OF A COPY HEREOF. LESS INSURANCE 0 SALES TAX PLEASE PAY X THIS AMOUNT CUSTOMER COPY 10/26/2012 08:52 FAX 7177051058 BKV DEPOSIT CONTROL fa:2j006 CUSTOMER #: 21666E Feuer *INVOICE* UNIT# BHO14061 NVOIC y E* H 'i HELEN F CHISOLM TO BE SURE 2014 SWATARA ST P.O. Box 2861 • 2060 Paxton Street Harrisburg, PA 17105 HARRISBURG, PA 17] 04 -1940 PAGE 1 Telephone: (717) 238 -7324 HOME : 717 - 5 71- 2 9 7 2 CONT : 5 71- 2 9 72 www.faulknertobesure.com BUS: CELL: SERVICE ADVISOR: 7142 ANTONY' J POULIN ,COLOR MpR— MAKE /MOD:EL VIN. LICENSE : IVIILEAGE.INJ OUT - TAG D DEL. DAYS OD. G ATE ► V1lARR EXP: ::PAOMiSED ... M I 'PO NO;: RATE PAYMEFJT IN1r ::DAT> 12APR10 24 CT 2 0. 40C 2 R.O. 'OPENED f240CT12 EADY OPTIONS: STK:BHO14061 DLR :PA076 2)1596S 240CT12 LINE OPCODE TECH T YPE HOURS LIST NET TOTAL A CUSTOMER STATES THERE IS'A '. KNOCKING .NOISE'W14EN SHIFITNG - INTO :DRIVE FROM PARK AFTER'VEHICLE SITS OVERNIGHT 999 CHECK FOR 'ANY NOISE: =WHEN VEHICLE .IS SHIFTED FROM PARK TO DRIVE IN THE MORNING WHEN IT IS COLD - 9927 I3PP (N /C) PARTS: 0.00 i,ABOR: 0,.00 OTHER: 0.00 TOTAL :LTN£...A.: 0.00 ,,,19000 STARTED VEHICLE AND:,:SHIFTED FROM PARK TO DRIVE AND DID`: NUT ,,,HEAR ANY ABNORMAL NOISES AT THIS TIME. SHIFTED VEHICLE FROM PARK TO ALL FO R W ARD!AND:;REVERSE'GEARS :'_MULTIPLE TIMES `AND:STItt:DID''NOT'HEAR ANY ,,,,ABNORMAL NOISES. NO REPAIR ATTEMPT MADE AT THIS TIME. 8 PERFORM MULTI POINT INSPECTION CAUSE:!PERFORMEDIWALK.AROUND k Mtl POINT: INSPECTION MPI PERFORM MULTI POINT INSPECTION 9927 1.i3-PP IIIC) PARTS: 0.00 ,ABOR 0.00 OTHER: 0.00 TOTAL LINE B. 0.00 ADVISED CtSTOMER.THE;OIL IS DUE TO BE CHANGED CUSTOMER DECLINED, 'STATt SHE. SIR$ , OIL _. CHANGES DONE A T. ::RES PLUS. I hereby authorize the repair work herein set forth to be done along with the necessary DESCRIPTION TOTALS materiel and agree that you are not responsible for loss or damage to vehicle or articles left LABOR AMOUNT in vehicle in case of fire, theft, or any other cause beyond your control or for any delays PARTS AMOUNT caused by unavailability of parts or delays in parts shipments by the supplier or transporter. 0 • 0 1 hereby grant you and /or your employees permission to operate the vehicle herein described GAS, OIL. LUKE 0. 00 on streets, highways or elsewhere for the purpose of testing and /or inspection. An express SUBLET AMOUNT .00 mechanic's lien is hereby acknowledged on above vehicle to secure the amount of repairs thereto. MISC. CHARGES 0.00 TOTAL CHARGES 0 I HEREBY ACKNOWLEDGE RECEIPT OF A COPY HEREOF. LESS INSURANCE 0.0 SALES T AX X PLEASE PAY THIS AMOUNT r"""u' -OK "T CUSTOMER COPY 11/26/2012 09:54 FAX 7177051058 BMV DEPOSIT CONTROL @002 W ed /) I `L,(P CUSTOMER 9: 5712972 575418 FREYSINGER MAZDA- HYUNDAI 6115 CARLISLE PIKE HELEN CHISOLM *INVOICE* MECHANICSBURG, PA 17050 2014 SWATARA ST (717) 766 -8422 HARRISBURG, PA 171(:4 PAGE 1 {800) 560 -8422 HOME:717- 571 -2972 CONT:N /A BUS: CELL: SERVICE ADVISOR 536 MICHAEL ADAMS GOL.OR YEAR . rr1AKE1MODEL LIGI =14SE MtLEi9GEINLOUT TA.G'.i 11 HYUNDAI SONATA 5NPEB4AC3BH014061 19140 19150 ta:DATE PROD DATE:.:LVAAR EXP ,:; =:.: :_PROMLSED:. FO N0, RATE PAYMENT '. _:';':INS, i2ATE? 12APR10 DE 17:00 12NOV12 0.00 CASH 2ONOV12 : R.O. OPENED READY OPTIONS: ENG : 2 . 4 Li ter DOHC 12NOV12 20NOV12 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A STATES.:WIIEN� VEHICLE: IS COLD.:AND INTO,' DROVE MARES A. LOUD KNOCKING NOISE CAUSE: F' 4500OR6M TRANSMISSION ASSY -AUTO (A6MF) " 91 WH4 45000R33 COMB:FLUSH COOLER CNIC) 5 00232 -19045 ATF- SPH -IV (N /C) 1 OD2'68'- :3BE:A.O •:REMAN: ATM: A55Y� (NfC)'!. 1 00232 - 19021 TRANSMISSION COOLER FLUSH (N %C) N26 FC: Cl1 PA. #: .... *� T 00232- 19021._. COUNT: 1 CLAIM: TYPE: AUTH CODE: PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00 TECH TEST DROVE VEHICLE WHEN COLD AND VEHICLE BANGS INTO 'GEAR, NO CODES: :PRES. ENT /CATfIi>JD: EiYUNDA'I;;TECH' LINE. CASE# 5`104 78:1 R$:fi,EARN.ED. E'I]F`I' ADAPTIVE LEARNING AS PER TECH LINE, LEFT VEHICLE SIT OVER NIGHT, NEXT MORNING 'BANGED TNxIT ° GEAR TECH;`: REPI;ACEI] TRA15SM S5I:ON .:AND TEST DROVE f ALL OK. *vr * *: * *�t* s<,v w,rxr,v: + #W B NEW CUST. /571 -2972 GRAY INFO THIS 'LINE ,FQR ::fNFORMATION 91 CH 0.00 0.00 PARTS: 0;00 I. w o 00. .'OTHER:' .0.00 „` TOTAL LINE :B 0.04 C CIS WHEN DRIVING :AFTER SLOWING DOWN THEN GOING AGAIN ITS MAKING A PULI;I FEELING, ON. THE :)ENGINE RE RELATED TO 1NOTHS)2 REPAIR STATEMENT OF DISCLAIMER DESCRIPTION:;; ;TOTALS . j Fac tory war werwarranty t respe t se LABOR AMOUNT of t nl the wenanrla respect et to _ ! too sale of this im- At ams. The PARTS AMOUNT So Setter 1 by ' warranties either express or GAS, OIL, LOBE H YU n D FI I 1ii warra � idid " 0 mry renrs kttDN W SUBLET AMOUNT nty of merchantability a Fitness For a Windar ;xsvoso. MISC. CHARGES Seger nelther assumes . oos You can schedule your appointments authoraea any other parson to TOTAL CHARGES assume to. It any FaEikty In 24 7 lA/1Nwa conno0on with the sale of thy LESS INSURANCE www.f reysinger.com hurv9[ems. SALES TAX Tha nk You CUSTO Tha nk SIGNATURE PLEASE PAY THIS AMOUNT CUSTOMER COPY BNV DEPOSIT CONTROL fit 003 575418 FREYSINGER MAZDA- HYUNDAI Hlii:,ET`1 C:jIS(:4.,M *INVOICE* 6115 CARLISLE PIKE 2 0 - '.4 SW.4'TARr, Sr MECHANICSBIJRG. PA 17050 W&RI SB!a;R,, PA ; : )4 (717) 766 - 8422 Bc.c HOME: 7 _, -;� �; r'ONT: N/A PAGE 2 (800) 560 -8422 BLS_ CELL ' COLOR "- "-� SERVICE ADVISOR --- _ tiE,�R M AKE/MODEL. 536 MICHAEL ADAMS VIN :. '. ` UCfNSE:? ; .;MHaAGEIN /GU _ Z1 HYUNDAI SONATA DEL DATE P��CID_CIA1E .+:VARR< EXP 5NPEB4AC3BHO14061 PROMISED " _ 19140 19150 PO.:NO �3ATE PAYMENT j 12APRIO I Nv SATE R.O. OpENED _ �� 17 :00 12NOV12 READY OPTIONS: ENG:2.4_Liter DOHC0.00 CASH 2ONOV12 1 2NOV: L:! f 20NOV12 LIN OPC TEC TY PE HOURS 91 `H LIST NET PAR''S : TOTAL C. 0 0 LABOR : OTHER : 0 Q O'= 0 .00' '. 0.00 TOTAL LINE Cc 0.00 DL MULTI POINT : INSPECTION REPORT HMI HYUNDAI. MU':TI -POINT INSPECTION REPORT 9:.H PARTS: 0 .00 LABOR 0.'00 0.,. 00,. 0.00 OTHER: 0.00 TOTAL LINE D: FRONT BRAKES lOB R }TAR 9B FRONT TIRES 6/32 REAR 5/32 0 00 E YES, WE PERFORMED A WALK AROUND MULTI WALK YES , WE PT ".RFORMED ``A WALK - INSPECTION AROUND /MU INSPECTION PARTS: 0.00 L1=.BOR : _ 0.00 OTHER: 0.00 TOTAL LINE E: 0.00 F FREE. DRIVE THROUGI CAR. WASH: FW FREE DRIVE THROUGH CAR WASH 91; 'CFI PARTS: 0 0.00 LABOR: 0.00 OTHER . no o. on. 0,00 TOTAL LINE F: 0.00 G' CHECKED :'FOR .RECALL:S':NONE .'POUND NPR CHECKED FOR RECALLS NONE FOUND 91 C_ PARTS: 0.0 0 LABOR: 0 0 0 OTHER : t 0 0 {i ;Q :.0 "0.. 0.00 TOTAL LINE G: , 0.00 If H; CUSTOMER:':STATES TH:SRE ARE N0!;A )DI:TIQNAL CLI6TQM)3)�: Cad':. REQUESTED AT THIS TIME . CE1S, OR 8 ERaIIC$5 .< NOC CU$TQI�IER ST:? TES . THERE . .. Na.. A£iDT -...1 CUSTOM l ER Cc.)NCERNS OR SERVICES REQUESTED AT STATEMENT OF DISCLAIMER :OESCRIk7►ON TOTS($ �� of thenwryrill"tteswhn f1iwtea< an LABOR AMOUNT aspect to the sea of this itarnmome, The PARTS A Seller hereby exReasH dfsoisirns ax MOUNT wrrernies either exprs" or : GAS, OIL. LUBE H Yu n r I imow. i a" ehptted. warranty of 2d ernall0ty or SUBLET AMOUNT fitness far a par kww PwDose• MISC. CHARGES You can Schedule yaur a S o p er n"thr ^r ppointments a,ahrtras a,h otfrot parson to TOTAL CHARGES 2 417 ume f it any N erselm in +w.frer�singeracom tt ass with the svie of This LESS INSURANCE Thank Y ou SALES TAX CUSTOMER SIGNATURE PLEASE PAY THIS AMOUNT CUSTOMER COPY BMV DEPOSIT CONTROL @004 CUS'I OMEF 4 12:3 7 575418 FRE'YSINGER MAZDA- HYUNDAI HELEN C}jIS(- (,N *INVOICE* 6115 CARLISLE PIKE 2014 SWATAR lk ST MECHANICSBIJFtG, PA 17050 HARRISBURG, Rt __ L )4 (717) 766 -8422 HOME : 71? - 5'J :i -:? 9''1 ' CNT: N/A PAGE 3 (800) 560 -8422 BUS: ,ELI, COLOR v�AF --- -- SERVICE ADVISOR: 536 MICHAEL ADAMS MiYKElIJ100 ... .:_�. . ;s:L10ENSE' ;M0l1T _..TAG.:'< 11 HXLgJDAI SONATA iLEA ©EIN7 : DEL PRCU?.'DATE�'WAitR' XP 5NPEB4AC3BHO14061 19140 AROIIA ISEO.. PQ';NO 19150 �° "$RTE PAYME IMva3ATfi 12APR10 D R �• 17:00 12NOV12 _:O :OPi;tVED _REACi'Y OPTIONS: 0 , 0 =CASH 2 ONOV12 -- ENG:2.4_Liter DOHC 12NOV12 ___L___20 NOV12 LINE OPCQDE TECH T HOURS THZ'S:> TIM7 LIST NET TOTAL 91 CH t PARTS,,.. LABOR 0 : 0 00 0 -00 OTHER. 00 0 . 0 0 TQ`AL . NE ;H :. *��r 0 00 � STATEMENT OF DISCLAIMER DESCAIPTi01J T[17AbS /. Th e Ixtdy wsn�mv owrtstiful" ap ...... _..:. of the wa.ramies with resaaet to LA80R AMOUNT 0.00 tho sate of thw iterttfitems. The PAATS AMOUNT swear hereov oxpressty disdatma an 0.00 wamirttfes afther express or GAS; OIL. LURE HYunam k"W 'o U. WchW an implled 0.00 warranty °t mer°hmwty or SUBLET AMOUNT 0.00 tftnes tas for • pe OvAar pulp°°°' MISC. CHARGES You can schedule autho '"°'�� e your appointments "'tt " oc Person to TOTAL CHARGES 2417 essuma for it anv Bshiow M 0. 0 0 �' �"� fi'eYsingercom Conn0C1bo whh the sale °t this LESS INSURANCE itemillwns- 0.00 Than You CUSTOMER SIGNn SALES TAX 0.00 1� TURE THIS A PAY a..,u0:- CUSTOMER COPY "� '' Tt " ° °"x 51058 BNV DEPOSIT CONTROL IA002 THE BATTERY WAREHOUSE z 5399 Jonestown Rd Harrisburg, PA 17112 aSH FiH 717 -652 -0565 CUSTOMER'S ORDER N / DATE NAME _AjZ -c / �.S 4y�� ADDRESS CASH C.O.D. CHARGE ON ACCT. RETURN PAID OUT I / QUAN ITY STOCK # DE PRICE AMOUNT I 6109 ALLEN OIN HARRISBURG PA 17112 WIN: 989 S A - L - E - S MUL67 929899753748 � CD TYPE+ VISA 18 IYPEt PURCHASE THU. DATE: DEC 93? 12 16:26:48 I TOTAL $95.39 ACCT: X825 EXPt WU Apt 862533 RAKI Km F CHIMN CARDMEMBEI ACVXED6ES RECEIPT OF 6000S mju SEBHICES IR IHE AMOUNT OF THE 107AL Wm 60 AIM WON N PERFM Iket i� 'SA1I8�1E 1 1 FOR10 THE ISSUER a °° °"° "" nom+ ���. TAX s I f ion FBI USIRS VISA TOTAL CUSTOIEA COPT' ATE `�. ,< ;� ,'`� `� .,� 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN CHISOLM CIVIL DIVISION c, Plaintiff, NO.: 13-1479 C--) c V. xrn -orn HYUNDAI MOTOR AMERICA c�'' 4(= (inadvertently referred to as Hyundai o Motors America) is 3 0 C-- --ice Defendant. ? -Ln� ` ENTRY OF APPEARANCE WITH JURY DEMAND To: PROTHONOTARY Kindly enter my appearance on behalf of defendant, Hyundai Motor America (inadvertently referred to as Hyundai Motors America). Defendant, Hyundai Motor America demands a jury of twelve as to all issues. WHITE AND WILLIAMS LLP By: �%kw— DAVID S. HAASE 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 (215) 864-7136 Dated: April 9, 2013 11146591v.1 FILED-OFFICE OF THE PROTHONOTARY To:Plaintiff 2013 APR I I AM 11: 58 You are hereby notified to file a CUMBERLAND COUNTY written response to the enclosed PENNSYLVANIA Answer with Now Matter - within twenty (20) days from service hereof or a judgment may be entered against yo ATb'm7'e_y&Defendant WHITE AND WILLIAMS LLP By: David S. Haase, Esquire Attorney for Defendant, Identification No. 73835 Hyundai Motor America 1650 Market Street (inadvertently referred to as One Liberty Place, Suite 1800 Hyundai Motors America) Philadelphia, PA 19103-7395 (215) 864-7136 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN CHISOLM CIVIL DIVISION Plaintiff, V. NO.: 13-1479 HYUNDAI MOTOR AMERICA (inadvertently referred to as Hyundai Motors America) Defendant. DEFENDANT., HYUND&I MOTOR AMER&QA'S ANSWER,WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant,Hyundai Motor America,by and through its attorneys, White and Williams LLP hereby avers the following in response to Plaintiff's Complaint: 1. Denied. After reasonable investigation,these allegations are denied because answering defendant lacks knowledge or information sufficient to form a belief as to their truth. Strict proof will be demanded at trial. 11146430v.1 2. Admitted. BACKGROUND 3. Answering defendant incorporates by reference all of the preceding paragraphs as though fully set forth herein at length. 4. Denied. After reasonable investigation,answering defendant lacks knowledge or information sufficient to form a belief as to the truth of these averments. Strict proof will be demanded at trial. 5. Denied. After reasonable investigation, answering defendant lacks knowledge or information sufficient to form a belief as to the truth of these averments. Strict proof will be demanded at trial. 6. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. 7. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. 8. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. 9. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. 10. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. -2- 11146430v.I t 11. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. 12. Denied. These allegations are denied as conclusions of law and specifically denied. By way of further answer,the subject vehicle's service,maintenance and repair history, in its entirety, are comprised of written documents that speak for themselves. Strict proof of these allegations will be demanded at trial. 13. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof to the contrary will be demanded at trial. 14. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. 15. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. 16. Denied. These allegations are denied as conclusions of law,and specifically denied. Strict proof will be demanded at trial. By way of further answer, answering defendants expressly deny plaintiff's allegations of reckless,wanton and negligent conduct. Strict proof thereof will be demanded at trial. 17. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. -3- 11146430v.1 COUNT MAGNUSON-MOSS FEDERAL TRADE COMMISSION IMPROVEMEW ACT 18. Answering defendant incorporates by reference all of the preceding paragraphs as though fully set forth herein at length. 19. Denied. Denied as conclusions of law to which no responsive pleadings are required. 20. Denied. Denied as conclusions of law to which no responsive pleadings are required. 21. Denied. After reasonable investigation, answering defendant lacks knowledge or information sufficient to form a belief as to the truth of these averments. Strict proof will be demanded at trial. 22. Denied as stated. Answering defendant admits that it issues an express limited warranty covering its new vehicles,the terms, conditions, limitations and exclusions of which are set forth in the applicable warranty documents that customers receive with the vehicle. The warranty documents speak for themselves. These allegations are further denied as conclusions of law to which no responsive pleading is required. 23. Denied. This allegation is denied as a conclusion of law and specifically denied. By way of further answer,answering defendant does not repair automobiles. Strict proof to the contrary will be demanded at trial. -4- 11146430v.1 24. Denied. Denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. The referenced statute, in its entirety, speaks for itself. 25. Denied. Denied as conclusions of law. The referenced statutory provisions, in their entirety, speak for themselves. Answering defendant believes and avers that plaintiff is not entitled to any statutory relief. 26. Denied. Denied as conclusions of law. The referenced statutory provisions, in their entirety, speak for themselves. Answering defendant believes and avers that plaintiff is not entitled to any statutory relief. Wherefore, answering defendant respectfully demands judgment in its favor and against all other parties to this lawsuit. COUNT II UNIFORM COMMERCIAL CODE 27. Answering defendant incorporates by reference all of the preceding paragraphs as though fully set forth herein at length. 28. (a)-(d).Denied. Denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. 29. Denied. After reasonable investigation,answering defendant lacks knowledge or information sufficient to form a belief as to the truth of these averments. Strict proof will be demanded at trial. -5- 11146430v.1 30. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. Answering defendant believes and avers that plaintiff is not entitled to any statutory relief. 31. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. Answering defendant believes and avers that plaintiff is not entitled to any statutory relief. 32, Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. Answering defendant believes and avers that plaintiff is not entitled to any statutory relief, 33. Denied. These allegations are denied as conclusions of law and specifically denied. Strict proof will be demanded at trial. Answering defendant believes and avers that plaintiff is not entitled to any statutory relief. Wherefore, answering defendant respectfully demands judgment in its favor and against all other parties to this lawsuit. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 34. Answering defendant incorporates by reference all of the preceding paragraphs as though fully set forth herein at length. 35. Denied. These allegations are denied as conclusions of law and specifically denied. The referenced statute, in its entirety, speaks for itself. Answering defendant believes -6- 11146430v.1 and avers that plaintiff is not entitled to any statutory relief Strict proof to the contrary will be demanded at trial. 36. Denied. These allegations are denied as conclusions of law and specifically denied. The referenced statute, in its entirety, speaks for itself. Answering defendant believes and avers that plaintiff is not entitled to any statutory relief. Strict proof to the contrary will be demanded at trial. 37. Denied. These allegations are denied as conclusions of law and specifically denied. The referenced statute, in its entirety, speaks for itself. Answering defendant believes and avers that plaintiff is not entitled to any statutory relief. Strict proof to the contrary will be demanded at trial. Wherefore, answering defendant respectfully demands judgment in its favor and against all other parties to this lawsuit. NEW MATTER 38, Hyundai Motor America discharged each and every obligation, if any,which it may have owed to the plaintiff, and in the alternative,Hyundai Motor America owes no duty to the plaintiff. 39. The damages alleged in the Complaint were not proximately caused by any act or omission on Hyundai Motor America's part. -7- r 1146430 .1 40. Any damages sustained by the plaintiff, as alleged in the Complaint,may have been caused or contributed to by the plaintiff's own negligent acts or omissions and/or the negligent acts or omissions of persons or entities other than Hyundai Motor America. 41. The negligent acts and/or omissions of individuals or entities independent of defendant Hyundai Motor America may have constituted intervening, superseding causes of the damages alleged to have been sustained by the plaintiff in the Complaint. 42. The Hyundai vehicle in question may have been substantially altered after it left the possession, custody or control of Hyundai Motor America. 43. The Hyundai vehicle in question may not have been properly maintained and/or may have been misused or abused by plaintiff, or by other individuals or entities over whom Hyundai Motor America had no responsibility or control. 44. If it is determined that any warranties, whether express or implied, exist between defendant Hyundai Motor America and the plaintiff,Hyundai Motor America denies that it breached any such warranties. 45. The condition of the subject vehicle as described in the Complaint does not substantially impair the vehicle's use,value or safety. 46. Hyundai Motor America did not sell the subject vehicle to plaintiff and cannot be held liable for revocation of acceptance. -8- 11146430v.1 47. If it is determined that plaintiff is entitled to a refund of the sale price of the vehicle in question,which Hyundai Motor America denies,then Hyundai Motor America is entitled to a recoupment of the vehicle. 48. Plaintiff's claims may be barred in whole or in part by the applicable statutes of limitations. 49. Plaintiff s claims may be barred in whole or in part by plaintiff s failure to resort to Hyundai Motor America's mandatory dispute settlement procedure, which wholly complies with 16 CFR§ 703. 50. Hyundai Motor America hereby asserts all defenses, whether statutory,common law,factual, or any combination thereof,to which it is entitled. WHEREFORE,Answering Defendant,Hyundai Motor America,respectfully demands judgment in its favor and against plaintiff',together with all reasonable costs and counsel fees, as well as any other relief that the Court deems equitable. WHITE AND WILLIAMS LLP $y: N9 / �, - D ID S. HAASE Attorneys for Defendant, Hyundai Motor America Dated: April 9,2013 _9_ 11146430v.1 VERIFICATION 1, DAVID S. HAASE,Esquire,being duly sworn according to law, hereby state that I am the attorney for defendant, Hyundai Motor America, and am authorized to take this Verification on its behalf. I hereby verify that the statements contained in the within Defendant Hyundai Motor America's Answer With New Matter to Plaintiff s Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to penalties to 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. AVID S.AHA A#SE�:— Dated: April 9,2013 11146430v.1 CERTIFICATE OF SERVICE 1, DAVID S. HAASE,hereby state that on this date I have caused a true and correct copy of Hyundai Motor America's Answer with New Matter to Plaintiffs Complaint to be served by regular, first class mail,postage prepaid,upon: David J. Gorberg,Esquire David J. Gorberg&Associates, P.C. 32 Parking Plaza, Suite 700 Ardmore, PA 19003 D)k—vTD S. HAASE Dated: April 9,2013 -2- 11146430v.1 IN THE COURT OF COMMON. PLEAS OF CUMBERLAND COUNTY,PENNSYLVANLA,,, c •r; HELEN CHISOLM -gym w 13-1479 �"o ° Plaintiff NO. {� rll —<> VS. CD :z C) _ HYUNDAI MOTORS AMERICA ° °M v 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: DAVID J. GORBERG , counsel for the plaintiff/defendant in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is $less than $50.000 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: David J. Gorberg, Esquire and David s. Haase, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. CkOk�.z ?1 CtW� Respectfully submitted, ORDER OF COURT AND NOW, , 200_____, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action(or actions) as prayed for. By the Court, Kevin A.Hess,P.J. CERTIFICATION OF SERVICE I, DAVID J. GORBERG, ESQUIRE, do hereby certify that service of a true and correct copy of the within Petition for Appointment of Arbitrators was made on April 18, 2013 all interested parties by Regular First Class Mail. T)aYid T.Goxber. - DAVID J. GORBERG, ESQ. Attorney for Plaintiff INTERESTED PARTIES: David S. Haase,Esquire White and Williams 1650 Market Street One Liberty Place Suite 1800 Philadelphia, PA 19103 . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVVNIA, t:, 4. HELEN CHISOLM -0= t.A, —_ 13-1479 m°' -- Plaintiff NO. , � = C/7 r." ' t VS. — — '.� f`..• . >A C)-Ti HYUNDAI MOTORS AMERICA vc ° --ic)f''' DefendantI 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: DAVID J. GORBERG , counsel for the plaintiff/defendant in the above action(or actions), respectfully represents that: 1. The above-captioned action (or actions) is(are)at issue. 2. The claim of plaintiff in the action is $less than $50.000 The counterclaim of the defendant in the action is . The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: c... Ca David J. Gorberg, Esquire and David s. Haase, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)arbitrator r '; - whom the case shall be submitted. - = _�' cr)r_ rMk~afa.so Ot Respectfully submitted, E cr .4.: ,_,,` ?' ORDER OF COURT AND NOW, // ` , , 2003 , in consideration of the foregoing I petition, 4 A...,A. / � _ �� Esq., and 9-Adark., 7jZ�C�t/C..ili../ Esq., and , 1......., _,1......., _,A � c� Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court, 09/41 ✓bQ o i 5 ac S� Kevin A. ess,PJ. &Di.'6's tt,ta. /-ed ....5/4, /3 6 CERTIFICATION OF SERVICE I, DAVID J. GORBERG, ESQUIRE, do hereby certify that service of a true and correct copy of the within Petition for Appointment of Arbitrators was made on April 18, 2013 all interested parties by Regular First Class Mail. �. 7s/ viciL.G.orber.g . ....... DAVID J. GORBERG, ESQ. Attorney for Plaintiff INTERESTED PARTIES: David S. Haase, Esquire White and Williams 1650 Market Street One Liberty Place Suite 1800 Philadelphia, PA 19103 HELEN CHISOLM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 13-1479 CIVIL HYUNDAI MOTOR AMERICA, : Defendant ORDER AND NOW, this z ' day of February, 2014, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Barbara Sumple-Sullivan., Esquire, Chairman, shall be paid the sum of$50.00. BY THE COURT, Kevin A . ess, P. J. /Barbara Sumple-Sullivan, Esquire Court Administrator :rim 6fr/by Ata..%q 62/ac,/ -7 a ' - rn 1 -,.i. -11 z. 7 CSJ r f._ i I7 f' 1liONa-fA -t 2014 FEB 24 Pfd By: DAVID GORBERG & OR ERG SSOCIATES, AP.C.ttorney for Plaintiff �' P S y�L.VANN,A 7 41' IDENTIFICATION NO. 53084 700 Times Building Suburban Square Ardmore,PA 19003 (215)665-7660 HELEN CHISOLM : COURT OF COMMON PLEAS vs. HYUNDAI MOTORS AMERICA : NO. 13-1479 CIVIL ORDER TO SETTLE,DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended upon payment of your costs only. /- Jsl DA il . GORBE: . D AS i J. GO'la = ` , ESQUIRE Attorney for Plaintiff