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Home My WebLink About13-4544 Supreme Co u O� f Pennsylvania COur CO Pleas For Prothonotary Use Only: ? Ci it ' y er S et x� County �9 _ A l sq q Docket No: CUMBERLAND The information collected on this form is used solely court administration Purposes. This does not supplement or replace thefilir7g and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint - Writ of Summons ❑ Petition 0 Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T ANDREW BRYNE FORD MOTOR COMPANY Dollar Amount Requested: - within arbitration limits I Are money damages requested? [9 Yes J No (check one) E outside arbitration limits O N Ls this a Class Action Suit? Yes No Is this an MDJAppeal? Yes R1 No A Name of PlaintifflAppellant Attorney: DAVID J. GO —' Check here if you have no attorney (are a Self - .Represented (.Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do nor include Mass Tort) CONTRACT (do not include.ludgments) CIVIL APPEALS 1 Intentional 0■ Buyer Plaintiff Administrative Agencies F--r Malicious Prosecution Ci Debt Collection: Credit Card 0 Board of Assessment [ ji Motor Vehicle i j Debt Collection: Other Board of Elections Nuisance 1 Dept. of Transportation Premises Liability El Statutory Appeal: Other S E] Product Liability (does not include E mass tort) 0 Employment Dispute: 0 Slander/Libel/ Defamation Discrimination C 0 Other: El Employment Dispute: Other f7' Zoning Board , l t Other: I 0 Other: O MASS TORT El Asbestos N 0 Tobacco I Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B Other: n � Eminent Domain /Condemnation M-i Declaratory Judgment Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY C_i Mortgage Foreclosure: Commercial Quo Warranto El Dental 0 Partition - Replevin 0 Legal i- Quiet Title E-i Other: F Medical C:i Other: 0 Other Professional: Updated 1/1/2011 PrI J: 38 CUIIIB RLANo COUNTY PE�rtrs YL'�AP�IA ANDREW BRYNE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR COMPANY NO. 13� C�tyi 20 Defendant 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 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'" li ssy aq 3"S 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 Andrew Bryne 3625 Orrstown Road Orrstown, PA 17244 COURT OF COMMON PLEAS VS. Cumberland Ford Motor Company C/O CT CORPORATION 116 PINE STREET SUITE 320 HARRISBURGH PA 17101 COMPLAINT 1. Plaintiff, Andrew Bryne, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing 3625 Orrstown Road, Orrstown, PA 17244 2. Defendant, Ford Motor Company is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania and can be served c/o CT Corporation, 116 Pine Street, Suite 320, Harrisburg, PA 17101. i BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about May 24, 2013, Plaintiff purchased a 2012 Ford Focus (hereinafter referred to as the "vehicle "), manufactured and warranted by Defendant bearing the Vehicle Identification Number 1FAHP3K21CL177244. 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 more than $15,000.00. 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. 7. 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 May 24, 2013, 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 severe vibration. 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. COUNT MAGNUSON -MOSS FEDERAL TRADE COMMISSION IMPROVEMENT 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 & ASSOCIATES, P.C. 11) J. G G, ESQUIRE Attorney for Plaintiff a , 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 relating to unsworn falsification to authorities. X /S/ uJ..: orbe D J. G6B•5kG Date: DAVID J. GORBERG & ASSOCIATES,P.C. BY: DAVID J. GORBERG Attorney for Plaintiffs IDENTIFICATION NO.: 53084 700 TIMES BUILDING SUBURBAN SQUARE ARDMORE, PA 19003 215-665-7660 ANDREW BRYNE : COURT OF COMMON PLEAS vs FORD MOTOR COMPANY : NO. 13-4544-CIVIL r� M csy �, rn F —<> c" r AFFIDAVIT OF SERVICE r' UNDER PRCP#2082 I, DAVID J. GORBERG, being duly sworn according to law, depose and say that I am the attorney for the plaintiff Andrew Bryne, I did mail to defendant, Ford Motor Company last known address c/o CT Corporation 116 Pine Street Suite 320 Harrisburg, PA 17101 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, United States Priority Mail; and that the attached is a true and correct copy of the letter dated August 7, 2013, and that the attached receipt is the receipt for said certified letter signe y an agent of the defendant on August 12, 2013. /s/David J rber DAVI O G, ESQUIRE DAVID J. GORBERG & ASSOCIATES, P.C. 32 PARKING PLAZA DAVID J. GORBERGt SUITE 700 NEW JERSEY OFFICE LAURA L. APPLEGATE COURTNEY L. SOFIA` ARDMORE, PA 19003 208 KINGS HIGHWAY SOUTH EDWARD B. FEINER' CHERRY HILL, NJ 08034 1-800-MY-LEMON (856)354-2119 'MEMBER OF PA AND NJ BARS 1-800-695-3666 tMEMBER OF PA AND NY BARS PITTSBURGH OFFICE 215-665-7660 FAX 215-563-8738 1900 ALLEGHENY BLDG. 429 FORBES AVENUE www.MyLemon.com PITTSBURGH, PA 15219 412-894-9970 FAX 412-894-9983 August 7, 2013 Ford Motor Company c/o CT Corporation 116 Pine Street Suite 320 Harrisburgh, PA 17101 RE: Bryne vs Ford Motor Company DOCKET # 13-4544 CIVIL Dear Sir/Madam: 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 Cut on dotted line. Instructions Online Label Record (L_abel4 of4) �1 1. Each Click-N-ShipO label is unique. Labels are to be USPS TRACKING#Number: used as printed and used only once. DO NOT PHOTO COPY OR ALTER LABEL. 9405 5036 9930 0021 0876 76 Paid Online 4 2.Place your label SO it does not wrap around the edge of 271448197 Priority Mail®Postage: $5.05 the package. Print Date: 08/08/2013 Total: $5.05 Ship Date: 08/08!2013 3.Adhere your label to the package. A self-adhesive label is recommended. If tape or glue is used,DO NOT TAPE OVER BARCODE. Be sure all edges are secure. From: DAVID GORBERG DAVID J.GORBERG&ASSOCIATES,P.C. 4.To mail your package with PC Postage@,you 32 PARKING PLZ STE 700 may schedule a Package Pickup online,hand to ARDMORE PA 19003-2440 your letter carrier,take to a Post Office Im,or drop in a USPS collection box. To: FORD MOTOR COMPANY, C/O CT CORPORATION yo 5.Mail your package on the"Ship Date" u 116 PINE ST selected when creating this label. STE 320 HARRISBURG PA 17101-1250 Commercial Base Pricing Priority Mail rates apply,There is no fee for USPS Tracking-service on Priority Mail service with use of this electronic rate shipping label. Delivery information is not available by phone for the electronic rate. Refunds for unused postage paid labels can be requested online 30 days from the print date. Occk UNIT L SEEM` Thank you for shipping with the United States Postal Service! AOSTAL SERVtCE r. y pp g Check the status of your shipment on the Track & Confirm page at usps.com I a Marie Kahlan From: US_Postal_Service @usps.com Sent: Thursday, August 29, 2013 2:55 PM To: mkahlan @mylemon.com Subject: USPS Shipment Info for 9405503699300022443976 This is a post-only message. Please do not respond. David Gorberg has requested that you receive the current Track&Confirm information, as shown below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 9405503699300022443976 TM Service Type: USPS Tracking Shipment Activity Location Date &Time ------------------------------------------------------------------------------------------------------------------- Delivered TORRANCE, CA 90509 August 12, 2013 1:12 pm Out for Delivery TORRANCE, CA 90503 August 12, 2013 8:30 am Sorting Complete TORRANCE, CA 90503 August 12, 2013 8:20 am Arrival at Post Office TORRANCE, CA 90503 August 12, 2013 4:29 am Processed through USPS Sort Facility LOS ANGELES, CA 90052 August 11, 2013 11:15 pm Depart USPS Sort Facility PHILADELPHIA, PA 19116 August 10, 2013 Processed at USPS Origin Sort Facility PHILADELPHIA, PA 19116 August 9, 2013 6:41 pm Accepted at USPS Origin Sort Facility ARDMORE, PA 19003 August 9, 2013 5:26 pm r. Electronic Shipping Info Received August 9, 2013 USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track&Confirm site at http://www.usps.com/shipping/trackandconfirm.htm 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ANDREW BRYNE, Plaintiff, CASE NO. 13-4544 CZ V. Civil Action rn cri FORD MOTOR COMPANY, �"� Defendant. x,:c cz) PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly enter my appearance in the above-captioned matter on behalf of Defendant, Ford Motor Company. Papers may be served at the address et f below. iTot P. PETERSON, ESQ. (ID No. 77315) orney for Defendant, Ford Motor Company OBIS, RUSSELL & PETERSON, P.C. 213 Yates Avenue Woodlyn, PA 19094 Phone: 610-689-8698 Fax: 973-740-2474 Email: jpeterson @drp-law.com Date: September 23, 2013 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ANDREW BRYNE, Plaintiff, CASE NO. 13-4544 C f Tt Co V. Civil Action'' PO 2� FORD MOTOR COMPANY, CD A.C-:) c) I Defendant. —� y.. c < .a ANSWER AND NEW MATTER AND NOW, comes defendant, Ford Motor Company ("Ford"), by its attorneys, Dobis, Russell & Peterson, P.C., and files the within Answer and New Matter as follows: ANSWER 1. Admitted. 2. Admitted. BACKGROUND 3. Ford repeats and reiterates its answers to the allegations of paragraphs 1 and 2 with full force and effect as though more fully set forth. 4. Admitted in part, denied in part. Ford Motor Company admits that the vehicle was purchased used by the Plaintiff. The remainder of the allegations contained in this averment are denied. 5. Upon reasonable investigation, Ford Motor Company does not have enough information to admit or deny. As such, strict proof is demanded at trial if material. 6. Denied. Ford denies ineffective repairs. Ford also denies that the vehicle cannot be utilized for its intended purposes and is worthless. 7. Denied. Ford Motor Company was not a party to the retail sales transaction. • 8. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 9. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. Ford also denies that copies of repair receipts are attached to Plaintiff's Complaint as Exhibit A. 10. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. Ford additionally denies breach of warranties, express and implied. 11. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle and that the vehicle was subject to two (2) repair attempts. 12. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. 13. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle and 30 days out of service. 14. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 15. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 16. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial: 17. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. AS TO COUNT I . 18. Ford repeats and reiterates its answers to the allegations of paragraphs 1 — 17 with full force and effect as though more fully set forth. 19. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 20. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 21. Upon reasonable investigation, Ford Motor Company does not have enough information to admit or deny. As such, this averment is denied. Strict proof is demanded at trial. 22. Admitted, during the term of the original factory warranty only. 23. Denied. 24. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 25. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 26. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. AS TO COUNT II 27. Ford repeats and reiterates its answers to the allegations of paragraphs 1 —26 with full force and effect as though more fully set forth. 28. Defendant denies the existence of any defects or non-conformities that substantially impair the use, value or safety of the subject vehicle. Ford also denies breach of warranties, express and implied. 29. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 30. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 31. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 32. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 33. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. AS TO COUNT III 34. Ford repeats and reiterates its answers to the allegations of paragraphs 1 — 33 with full force and effect as though more fully set forth. 35. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 36. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded at trial. 37. This is a conclusion of law to which no responsive pleading is required. Strict proof is demanded.at trial. NEW MATTER 38. The subject vehicle does not have a non-conformity, defect or condition which substantially impairs its use, value or safety. 39. Plaintiff has failed to state a claim upon which relief may be granted. 40. The New Vehicle Limited Warranty has expired by its express terms and conditions. 41. Plaintiffs claims are barred by the Doctrine of Accord and Satisfaction. 42. Plaintiffs claims are barred by the Doctrine of Res Judicata. WHEREFORE, this defendant requests this Honorable Court to enter judgment in its favor. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that JAMES P. PETERSON, ESQ., is hereby designated as trial counsel. CERTIFICATION OF COUNSEL I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. CERTIFICATION I hereby certify that a copy of the within document has been filed with the Prothonotary's Office in the Court of Common Pleas of Cumberland County, PA, Civil Action and that a copy of the same was served upon all interested attorneys within the period of time allowed in accordance with the Rules of the Court. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for defendant, Ford Motor Company BY: S P. PETERSON, ESQ. D. #77315 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 DATED: September 23, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ANDREW BRYNE, Plaintiff, CASE NO. 13-4544 V. Civil Action FORD MOTOR COMPANY, Defendant. CERTIFICATE OF MAILING I, JAMES P. PETERSON, do hereby certify that service of a true and correct copy of the within defendant's, Ford, Answer with New Matter to Plaintiffs Complaint and Entry of Appearance was made on this 23rd day of September, 2013 to the below listed counsel by United States mail, postage prepaid. David J. Gorberg, Esq. DAVID J. GORBERG &ASSOCIATES, P.C. 32 Parking Plaza Suite 700 Ardmore, PA 19003 JAMES P. PETERSON ti i i 7✓ I', F pRO HHoNOTAtt : DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Attorney for PlablinCT - I PM 2: 140 Identification No. 53084 CUMBERLAND COUNT 32 Parking Plaza Suite 700 PENNSYLVANIA Ardmore, PA 19003 215-665-7660 ANDREW BRYNE : COURT OF COMMON PLEAS vs. FORD MOTOR COMPANY : NO. 13-4544 PLAINTIFFS' RESPONSE TO DEFENDANTS NEW MATTER Plaintiff, Andrew Bryne, through his attorney, DAVID J. GORBERG, hereby responds to defendant's New Matter as follows: 38-42. Denied. The allegations contained in paragraphs 38 through 42 inclusive, of defendant's New Matter are conclusions of law to which no specific response is required under the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff demands judgment in his favor and against the-Defendant. „-tg,' c-CLd J�atrtber G 'AVID J. GORBERG, ESQ. Attorney for Plaintiff VERIFICATION I, DAVID J. GORBERG, verify that I am the attorney for the Plaintiff and that the statements made in the attached ANSWER TO NEW MATTER is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit; and that the language of this pleading is that of counsel. Signer verifies that he has read the within pleading and that it is true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. " / Gorber�_ 1` DAVID J. GORBERG, ESQ. Attorney for Plaintiff DATE: September 27, 2013 CERTIFICATION OF SERVICE I, DAVID J. GORBERG, ESQUIRE, do hereby certify that service of a true and correct copy of the within ANSWER TO NEW MATTER was made on September 27, 2013 all interested parties by Regular First Class Mail. /:' ►.avid J. G• •erl D A -ORBERG, ESQ. Attorney for Plaintiff INTERESTED PARTIES: James P. Peterson, Esquire 326 South Livingston Avenue Livingston,N.J. 07039 ANDREW BRYNE vs. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO.13-4544 CIVIL 20 FORD MOTOR COMPANY Defendant RULE 1312-1 t� The Petition for Appointment of Arbitrators shall be substantially in fife -'1. 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 $50,000.00 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: James P. Peterson, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. Respectfully submitted, ORDER OF COURT , 200 , in consideration of the foregoing By the Court, Kevin A. Hess, P.J. a8. 5o PDP IaOriq ,3C81081 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 July 16, 2014 all interested parties by Regular First Class Mail. INTERESTED PARTIES: James P. Peterson, Esquire 326 S. Livingston Avenue Livingston, N.J. 07039 erg DAVID J. GORBERG, ESQ. Attorney for Plaintiff L, sem ca CD o tD itjj — ANDREW BRYNE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 13-4544 CIVIL 20 _gyp VS. ^ey Q The Petition for Appointment of Arbitrators shall be substantially in ``' Following form: FORD MOTOR COMPANY Defendant RULE 1312-1 PETITION FOR APPOINTMENT OF ARBITRATORS CfJ co C3 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 $50,000.00 The counterclaim of the defendant in the action is n/a The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: James P. Peterson, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND OW, oZoZ , 20V-1 ,�fiin�consideration of the fore oing petition, cJ Esq., and 4 Esq., are appointed arbitrators in the above Esq., and ad/( captioned action (or actionsas prayed for. JUL23 AM t 2 ---ba�ya Jades T Ga/ k Cs By the Court, e. /' -krsoh 4;es ma. /d 7/a3f 4 evin A. Hess, P.J. 4 44, a8.5o PD Ariq crtilaVig #8/ Andrew lipyrn Ford Motor Company Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 13 -4544 Civil Action – Law. Oath We do .olemnly swear (or a that we will support, obey and defend the Constitution of the United States and t Constitu .rt this Commonwealth and t_ � . ' :'scharge the dutie of our office ,ith fidelity. 1111 'rgnatfre avl6 r JUr es Name Name %eh �,%>O�'.tf/ rr/ /1-eleirZtJ.—C JC hh0)H ►"IQf4$Gn L6w Aces FCeS ture Name Chairman Lawl Firm Law Firm pp � V //—t–. 2g GJ P*wc r/ - 10 ,C Address J Law Firm Address 2,/ /-27(>. Address Cczr/rsJe 1��. (17 City, Zip City, 1 Zip Cc.flcclir P4 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.) -F. n It,U P- �i(64/4. a,�ca ��3� d j lkey kij at,04-4-04°'1%.9/5-e4 v eC!/ -2 .Arbitrator, disse ts. (Insert name if applicable.) Date of Hearing: Date of Award: Notice of Entry of ward Now, the 4 day of .4..z.4..,/f 20 % V , at /1: 53- , /9 .M., the above award was entered upon the docket and tice thereof given by mail to the parties or their attorneys. Arbitrators' compen tion to be paid upon appeal: $ We, SZ Prothonotary By: Deputy HE PiROTHONOTANY 20111 AUG 26 Atill: 55 CUMBERLAND COUNTY PENNSYLVANIA Nvid - lrn e f. *es, 01.04.-/e "Ale,//Y" Ae7 ANDREW BRYNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. FORD MOTOR COMPANY, Defendant : CIVIL ACTION — LAW : NO. 13-4544 CIVIL ORDER AND NOW, this ZG' day of August, 2014, the appointment of Aaron Jayman, Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED. Taylor Andrews, Esquire, is appointed in his place. Ron Turo, Esquire Chairman Court Administrator :rim e�p y m„ [E,L gl�-l'Y BY THE COURT, r -a CD rU CYA N) 2 3 E��