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Home My WebLink About13-7297 `Supreme Coax ©�' ennsylvania COUP VMRne*r o leas For Prothonotary Use Only: C '� - Docket No: Sl CUMBERLAN .� Co Ullty The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.. Commencement of Action: ER Complaint ® Writ of Summons ® Petition S F7- Transfer from Another Jurisdiction 0 Declaration of Taking E r C Lead Plaintiff's Name: Lead Defendant's Name: I , James Haslup Thor Industries, Inc. Dollar Amount Requested: ®within arbitration limits I Are money damages requested? Yes ©No � (check one) Qoutside arbitration limits i � N Is this a Class Action Suit? ® Yes R No Is this an MDJAppeal? El Yes R No 1 A Name of Plaintiff/Appellant Attorney: DAVID J. GORBERG EA 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 i you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS U Intentional ❑■ Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card E] Board of Assessment I Motor Vehicle Debt Collection: Other E Board of Elections Fil Nuisance El Dept. of Transportation ! [] Premises Liability Statutory Appeal: Other S FLil Product Liability (does not include mass tort) ED Employment Dispute: E Q Slander/Libel/ Defamation Discrimination C © Other: ® Employment Dispute: Other ® Zoning Board T Other: I ® Other: O MASS TORT n Asbestos N [3 Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste ' Other: 13 Ejectment Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment 1 ® Ground Rent ® Mandamus Landlord/Tenant Dispute ® Non - Domestic Relations © Mortgage Foreclosure: Residential Restraining Order ! PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto 0 Dental © Partition Replevin ❑ Legal ® Quiet Title Other: h! Medical ® Other: EJ Other Professional: Updated 111/2011 Or i 1 °1c ! t? 2913BEiI AIM ii:�i CUMBERLAND COUNTY PENNSYLVANIA JAMES HASLUP, ET AL. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLV NIA THOR INDUSTRIES, INC NO. ) `�- - la c 17 01U � 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 7 r� x DAVID J. GORBERG & ASSOCIATES, P.C. n „„.. By: DAVID J. GORBERG Attorney for Plaintiff Identification No.: 53084 C1 32 Parking Plaza - Suite 700 r -- - 410 Ardmore, PA 19003 r a� 215- 665- 7660� James & Gloria Haslup 20 Line Drive Gettysburg, PA 17325 COURT OF COMMON PLEAS VS. Cumberland Thor Industries, Inc 701 Country Road 15 Elkhart, IN 46516 COMPLAINT 1. Plaintiff, James & Gloria Haslup, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing 20 Line Drive, Gettysburg, PA 17325 2. Defendant, Thor Industries, Inc 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 701 Country Road 15, Elkhart, IN 46516. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about November 30, 2012, Plaintiff purchased a new 2013 Thor Motor Coach Challenger 37GT (hereinafter referred to as the "vehicle "), manufactured and warranted by Defendant bearing the Vehicle Identification Number 1F66F5DY7D0A00009. 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 $206,081.05. 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 November 30 2012, 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, air conditioning (3xs) water leak, electricity & windshield separation. 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. GORB & ASSOCIATES, P.C. BY: r ID . G ERG, ESQUIRE rney or 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 su ect to the penalties.of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. X / id J. Go er Ir�J. GO ERG Date: Seller THE OUTDOOR STORE Buyer GLORIA J HASLUP RETAIL INSTALLMENT CONTRACT BY CAMPING WORLD JAMES V HASLUP AND SECURITY AGREEMENT 1000 SANFORD RD N. 20 LINE DRIVE No. CHURCHVILLE NY 14428 GETTYSBURG, PA 17325 Date "We and "us° mean the Seller above, its "You" and `your" mean each Buyer above, and 11/301 successors and assigns. guarantor, jointly and individually. SALE: You agree to purchase from us, on a time basis, sub'ect to the terms and conditions of this contract and security agreement (Contract), the Motor Vehicle (Vehicle) and services described Velow. The Vehicle is sold in its present condition, together with the usual accessories and attachments. Description of Year 2013 VIN 1F66F5DY7D0A00009 Other: Motor Vehicle Make CHALLENGER Lic. No./Year Purchased Model 37GT New .❑ Used CLASS A Description of Trade -In 2013 DAYBREM 34BD SECURITY: To secure your payment and performance under the terms of this Contract, you give us a security interest in the Vehicle, all accessions, attachments, accessories, and equipment placed in or on the Vehicle, together called Property, and proceeds of the Property. You also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ 119390.15 plus credit service charges accruing on the unpaid balance at the rate of 4 a 7 % per year from today's date until maturity. Credit service charges accrue on a 36 5 day basis. After maturity, or after you default and we demand payment, we will earn finance charges on the. unpaid balance at 4 = 7 A % per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the T RU T H IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms and conditions of this Contract. ❑ If checked, you agree tto our charging youldeducting the acquisition cost of $ - 15.00 before you prepay this Cunttfda ri' rffiau`t penalty: The" acquisition fee of $15.00 may be considered a prepayment penalty for purposes of Federal Truth In Lending Law disclosures even though New York law does not label it as a penalty. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The amount of credit The amount you will have The total cost of your purchase on The cost of your credit as The dollar amount the provided to you or on paid when you have made credit, inducting your dorm payment of a yearly rate. credit will cost you. your behaff. all scheduled payments. $ 2 & Qk 9 85 A '7A % $ o Paym Schedule: Your payment schedule will be y - Number of Payments Amount of Payments When Payments Are Due MONTHLY, BEGINNING 12/30/12 240 770.88 AND EACH MONTH THEREAFTER UNTIL PAID IN FULL Security: You are giving a security interest in the Motor Vehicle purchased. Late Charge: If a payment is more than days late, you will be charged A T --A---R NAGS OR 5% 09 THE 1'"N"PAID AMOUNT eF T-113 PP DUE Prepayment: If you payoff this Contract early, you ' may 1i • will not have to pay a penalty. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required . repayment before the scheduled date, and prepayment refunds and penalties. CREDIT INSURANCE: Credit life, credit disability (accident and ITEMIZATION OF AMOUNT FINANCED health), and any other insurance coverage quoted below, are not Vehicle Price (incl. sales tax of $ j!7 ? 0 ) $ 4 4 o a n no required to obtain credit and we will not provide them unless you sign Service Contract, Paid to: 4 Gg " S and agree to pay the additional premium. If you want such insurance, - UwP - C -- P . -- we will obtain it for you (if you qualify for coverage). We are quoting —- TIRE MGT FEE $ + � . a Li below ONLY the coverages you have chosen to purchase. Amount to Finance line e. (if e. is negative) $ - CrediLLife:insured _ N /A _�___._ -_ ------- --_ ._._. .. Cash.Sala.P_rice $ 1402RF, On .____ ❑ Single ❑ Joint Prem. $ Term Manufacturer's Rebate $ -0- Credit Disability: Insured N/A Cash Down Payment $ 20000 -01 1 ❑ Single ❑ Joint Prem. $ Term Deferred Down Payment $ -(Q a. Total Cash/Rebate Doom $ 240 011 _ On Your signature below means you want (only) the insurance coverage(s) b. Trade -in Allowance S 10 941 n n n n quoted above. If none are quoted, you have declined any coverages we c. Less: Amount owing S 1 n 7 9 3 n 2 5 offered. N/A N / A - Paid to: Buyer d/o/b Buyer d/o/b d. Net Trade-in (b. minus c.) S 106 A PROPERTY INSURANCE: You must insure the Property securing e. Net Cash/Trade-In (a. plus d.) $ 23 _ An this Contract You may purchase or provide the insurance through Down Payment (e.; disclose as $0 if negative) $ 21 0 6 9 A any insurance company reasonably acceptable to us. The collision Unpaid Balance of Cash Sale Price $ J 1 921 5 1; coverage deductible may not exceed $ If you Paid to Public Officials - Filing Fees $ -n- get insurance from or through us you will Pay $ Insurance Premiums' $ for of coverage. GAP Waiver Paid to Seller' $ This premium Is calculated as follows: To: L1 &.1,1C PRRS $ 1 5 d n ❑ $ Deductible, Collision Coverage $ To: $ N / A ❑ $ Deducbble, Comprehensive Cov. $ To: $ N ! A ❑ Fire-Theft and Combined Additional Coverage $ To: $ / t+ ❑ $ Total Other Charges/Amounts Pd. to Others S 1 7 s r v % S 1850 11.20 11 206602105 Payment Schedule: Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due MON'T'HLY, BEGINNING 12/30/12 240 770.88 AND EACH MONTH THEREAFTER UNTIL PAID IN FULL Security: You are giving a security interest in the Motor Vehicle purchased. F. 1 0 Late Charge: if a payment is more than I n days fate, you will be charged A TX H.AA GE OR 5% 01! THE UNPAiEl A MOUN T T r� GF Prepayment: I`, * you pay off this Contract early. you may }} will not have to pay a penalty. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any. required -errt before the scheduled date, and prepayment refunds and penalties. CREDIT INSURANCE: Credit file, credit disability (accident and ITEMIZATION OF AMOUNT FINANCED tieal::f and any other insurance coverage quoted below, are not Vehicle Price (inci. sales tax of $ a !I:; ) $ 140270 reme ed to obtain credit and we will not provide them unless you sign Service Contract, Paid to: ' $ T I RE and agree to pay the additional premium. If you want such insurance, t ;3 tip GE's$ n we will obtain it for you (if you qualify for coverage). We are quoting NYS T iRE MGT FEE $ 1 nn below ONLY the coverages you have chosen to purchase. Amount to Finance line e. (d e. is negative) $ Credit LIfeJ _ssured. N/A _ _ _. -. - __�_._.. __Cash Sale.Prke_. $ I A028 _ nn ._ -- ❑ Single ❑ Joint Prem. $ Term Manufacturer's Rebate $ -0- Credit Disability: insured N/A Cash Down Payment $ 20000. nn 0 Cl Joint Prem. S Terri Deferred Down Payment $ _(6 a. Total Cash/Rebate Down $ 2.0001 _ nn Your signature below means you ward (only) the insurance coverage(s) b. Trade -in Allowance $ ! (l4tlnft . Rn quoted above. If none are quoted, you have declined any coverages we c. Less: Amount owing $ 1 07930 1 e; offered. N/A N/A Paid to: Buyer d /o/b Buyer d/o/b d. Net Trade -In (b. minus c.) $ 106 4 . 85 PROPERTY INSURANCE: You must insure the Property securing e. Net Cash/Trade-In (a. plus d.) $ 21064 _ 85 this Contract. You may purchase or provide the insurance through Down Payment (e.; disclose as $0 if negative) $ 71 069. 85 any insurance company reasonably acceptable to us. The collision Unpaid Balance of Cash Sate Price $ 11 92 1 5 . U coverage deductible may not tweed $ If you Paid to Public Officials - Filing Fees $ -n- get insurance from or through`u_ �n, pay $ Insurance Premiums* $ --n- for of coverage. GAP Waiver Paid to Seller $ -n- This premium is calculated as follows: To: Doc $_ • LIC FEES $ ] 7 5 0 7 S Deductible. Collision G_ _rage $ - . To: $ 17 A ❑ $ Deductible, Comprehensive Gov. $ To: $ X A ❑ Fire -Theft and Combined Additional Coverage $ To: $ X / A ❑ $ Total Other Charges/Amounts Pd. to Others $ 17 5 _ n n { Liability insurance coverage for bodily injury and motor Less: Prepaid Finance Charges $ _0- vehicle damage caused to others is not included In this. Amount Financed $ 114190 _ 1 5 Contract unless checked and indicated. *We may retain or receive a portion of this amount. M El GAP AMOUNT: In the event of a total loss of the Property due to its theft, confiscation, or physical damage, you agree that you will pay the NOTICE TO BUYER difference between the amount of insurance proceeds and the amount you (y) Do not sign this agreement before you read It or if still owe us (GAP Amount). We are required by state law to offer you a it contains an blank ces. 2 You are entitled to a waiver of our right to hold you responsible for the GAP Amount in the event Y pa of a total loss of the Property aused by theft or physical damage. We are completely filled -in copy of this agreement. (3) Under allowed to charge a fee fords GAP Waiver. You may also be able to on the law, you have the right to pay off in advance the your own and at your expense, purchase insurance covering the GAP full amount due and under certain conditions to Amount. Seethe GAP Liability Notice provided t you separately. full a partial refund of the credit service charge. FEDERAL GAP DISCLOSURE: A GAP Waiver is not required to (4) Accordin to law you have the privilege of obtain credit and we will not provide it unless you sign and agree to pay purchasing the insurance on the motor vehicle the additional cost. If you purchase a GAP Waiver from us you will pay provided for In this contract from an agent or broker $ _0_ for the term of this Contract. of your own selection. I want the optional GAP Waiver at the stated cost. BY SIGNING BELOW BUYER AGREES TO THE TERMS Buyer Buyer ON PAGES 1 AND 2 OF THIS CONTRACT ❑ SERVICE CONTRACT: with your purchase of the Vehicle, you agree AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS RETAIL INSTALLMENT CONTRACT. j to purchase a Service Contract to cover I This Service Contract will be in effect for Buyer. ASSIGNMENT: This Contract and Security Agreement is assigned r 4�4- ` 11/ 30/ 1 'RA NIK nr Sign ture r Date to TH& WRRT the Assignee, phone Rt)n- TRR- RRA Jhis assignment is made under the terms of a separate agreement. ❑ under the terms of f _ _ __ ' �' 11/ 7 ` ` ='' ! ' the ASSIGNMENT Y'SET.LER on page *2. S i � e Date . ❑This assignment is made g `,...� ---�� with recourse 1 ✓ ^. .� ' 11 .a• Seller By ..f c ,i.. _ - <i� Date Seller: By _ NEW YORK RETAIL INSTALLME NTRACT AND SECURITY AGREEMENT (page i of 2) ExtZW ®1882,1995 Bw*em Systems, Mo., St. Cloud, MN Forth RS-S1 i V44Y 9MGMM MOTOR VEHICLE — NOT FOR MANUFACTURED HOMES GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA us 17112 717 - 657 -3747 CUSTOMER WORK ORDER # 196983 WO Date: 01 AUG 13 First Name: GLORIA J Tag #: 7096 Customer Name: 1143411 - HASLUP-, GLOR Author:' SSTOUGH. Address: 20 LINE DRIVE Stock No: 327626 GETTYSBURG, PA Year: 2013 Postal /Zip: 17325 Manufacturer: THOR MOTOR COACH Phone #(res): 443 - 618 -9967 Brand: CHALLENGER Phone #(bus): Model: 37GT Cell Phone: 443 -618 -9967 Length: 37 ExtW Co: Serial#: CHD37GTO107873 ExtW No: Chassis#: 1F66F5DY7D0A00009 Email: Miles /Hrs: 2297 NextAction Date: 16 AUG 13 Purchased Date: 30 OCT 12 Completed Date: Warranty.D,ate: 30 NOV 12 Invoice #: Date In: 01 AUG 13 Job # Description JOB INFORMATION 1 COMPLAINT: CIS REAR AC UNIT IS NOISEY i) stand inside and let it run, it rattles, sound like wood or a loose piece CAUSE: TECH FOUND LOOSE FOIL TAPE CORRECTION: SECURED TAPE AND VERIFIED NO MORE RATTLE 2 COMPLAINT: CIS CENTER ROOF AC FREEZES AND BLOWS HOT AIR i) need amp draw CAUSE: FOUND POOR INSTALL OF FREEZE SENSOR CORRECTION: INSTALLED SENSOR CORRECTLY & OPERATED , WILL RUN OVER NITE TO VERIFY 3 COMPLAINT: C/S DASH AC FREEZES UP i) after driving 10 miles ac blows warm expansion valve freezes up, drain hose constantly running water out of it CAUSE: OVERCHARGED AC SYSTEM, SYSTEM SPEC IS 1LB .75 OUNCES, PERFORMED AC CHECK, SYSTEM HAD 2LB 6 OZ'S, OUTSIDE TEMP WAS 80 DEGREES CORRECTION: EVACUATED SYSTEM, FILLED 1LB .75 OUNCES, VERIFIED 42 DEGREES THRU THE VENTS. ON 8/15/13 IN THE AFTERNOON HAD TJ DRIVE THE VEHICLE FOR APPR. 20 MINUTES Continued on page 2 PAGE .2 Work Order 196983 HE CAME BACK AND SAID THE DASH A/C IS WOKRING JUST FINE 8/15/13BK CALLED CUSTOMER TO LET HIM KNOW 4 COMPLAINT: CIS THE WINDSHIELD ON THE DRIVERS SIDE TOP CORNER HAS POPPED CORRECTION: HAD GLASS COMPANY COME OT FIX 5 COMPLAINT: CIS WITH FANTASTIC FANS ON AND BLACK TANK VALVES OPEN THERES A HORRIBLE ODOR THAT COMES THRU THE COACH i) customer thinks there's shouldn't be an odor regardless, is there a leak CORRECTION: TECH FOUND NO WATER IN THE BOWL, CHECKED VENTS FOR OBSTRUCTION BUT ARE CLEAR, SCREWED DRAIN CAP TIGHTLY ON WASHER AND DRYER 6 COMPLAINT: CIS ENTRY DOOR is really hard to close i) replace door strut with a lighter strut CAUSE: DOOR IS EQUIPPED WITH A 20" 40 POUND STRUT, WILL SUBMIT FOR A LIGHTER STRUT 30 OR 25 OR 20 NOTE Called for windshield to be inspected by sublet company on monday 8/12 & called the customer about the issues with the motor home. Lab Code Job# Description LABOUR Total RVI4CII 1 AC REPAIR CS W -N /C- RVI4CII 2 CK AC FREEZE CS W -N /C- SP36549 5 CK LINES 5 & 6 CS 39.90 RVI3BII 3 AC EVACUATE /RECHARGE MB W -N /C- Parts Total: 0.00 Labour Total: 39.90 Sublet Total: 0.00 Extras Total: 0.00 Tax Total: 2.39 Work Order Total: 42.29 Customer Signature: Date: 16 AUG 2013 DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT Continued on page 3 PAGE 3 Work Order 196983 REPAIR COMPLETION DATE OWNER NOTIFIED OF COMPLETION @ TIME DATE DATE RELEASED /COLLECTED I /WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I /WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I /WE HAVE INSPECTED MY /OUR VEHICLE AND HAVE EXAMINED THE WORK DONE. I /WE CONFIRM THAT THE WORK HAS BEEN COMPLETED TO MY /OUR SATISFACTION. SIGNATURE OF OWNER GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717- 657 -3747 CUSTOMER WORK ORDER # HAR *193991 WO Date: 18 APR 13 First Name: GLORIA J Tag #: Customer Name: 1143411 - HASLUP, GLOR Author: BRIAN.KREIDER Address: 20 LINE DRIVE Stock No: 327626 : GETTYSBURG, PA Year: 2013 Postal /Zip.: 17325 Manufacturer: THOR MOTOR COACH Phone #(res): 443 - 618 -9967 Brand: CHALLENGER Phone #(bus): Model: 37GT Cell Phone: 443 -618 -9967 Length: 37 ExtW Cc: Serial #: CHD37GTO107873 ExtW No: Chassis #: 1F66F5DY7DOA00009 Email: Miles /Hrs: 848 NextAction Date: 19 JUN 13 Purchased Date: 30 OCT 12 Completed Date: 18 JUN 13 Warranty Date: 30 NOV 12 Invoice #: Date In: 18 APR 13 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Job # Description JOB INFORMATION *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 COMPLAINT: CIS THAT THE JACKS ARE BENT CAUSE: THE JACK.BRACKETS ARE BENT ON BOTH . SIDES AS PER BRIAN Q4 /18 /13BK WE NEED TO REPLACE BOTH JACK BRACKETS IN THE FRONT ASKING FOR 1.75 HOURS EACH WHEN THE JACKS ARE DOWN THE RV LEANS TO THE RIGHT THE JACK BRACKETS ARE BENT AND NEEDS REPLACED PICTURES WERE TAKEN ON JASMINES CAMERA BY BRIAN Q CORRECTION: REQ RECD 4.25 / ORDERED 4.26 (EK) PART RECD 4/30/13 MWP R &R THE JACK BRACKETS THEY ARE DONE 5/13/13BK WARR COMPLAINT: JOB 1 - 3.5 4/25 AUTH #PA077748 CAUSE: JOB 2 - .2 JOB 3 - .1 JOB 4 - .6 JOB 5 - .3 JOB 6 .3 JOB 7 - .3 JOB 8 - .3 JOB 9 - NPF AUTH #PA079914 5/16 CORRECTION: ADDITIONAL 5.0 FOR JOB 8. AUTH#PA081791 2 COMPLAINT: CIS THAT THE OUT LET.IN THE KITCHEN IS ONLY BEING HELD IN BUY ONE SCREW THE BOTTON SCREW IS NOT OGING INTO ANYHTING Continued on page 2 PAGE 2 Work Order HAR *193991 CORRECTION: I RESCREWED THE OUTLET IN THE KITCHEN 5/13/13BK 3 COMPLAINT: CIS THAT THE HEAT VENT IN THE BATHROOM BY THE TOILET THE SCREWS ARE NOT CATCHING INTO ANYTHING CORRECTION: I RESCREWED THE VENT IN THE BATHROOM 5/13/13BK 4 COMPLAINT: CIS THAT THE TV.IN THE LIVING ROOM DOES NOT COME IN CLEAR WITH THE DVD PLAYER PLAYING BUT THE OTHER TVS DO CAUSE: CABLES WERE BAD CORRECTION: REPLACED THE RCA CBLES IT IS NOW WORKING 5 COMPLAINT: C /S.THAT THE SUNSCREEN IN THE FRONT COMES.OUT OF THE TRACK ON THE LEFT SIDE CORRECTION: I RESECURED THE AWNING 6 COMPLAINT: CIS THAT.THE AWNING LEAKS ON THE TOP ABOUT SIX.FOOT IN FROM THE REAR CAUSE: THE AWNING RAIL WAS LEAKING CORRECTION: I RESEALED THE AWNING 7 COMPLAINT: CIS THAT THE SHOWER LEAKS SEE BLUE TAPE CAUSE: HAD THE WATER HOOKED UP AND NOTICED IT WAS LEAKING AROUND THE SURROUND. I RESEALED AROUND THE SHOWER CORRECTION: I RESEASLED AROUND THE SHOWER5 /13 /13BK 8 COMPLAINT: CIS THAT THE TRIM UNDER THE BATHROOM SINK IS PEELING CAUSE: THE TRIM NEEDS REPLACED 5/23/13 STARTED TO REPLACE TRIM AND FOUND THAT THE FACTORY HAD SENT THE INCORRECT TR.IM5 /23/13BK IN ORDER TO REPLACE THE TRIM AT THE BOTTOM OF THE SINK THE WHOLE SINK AND BASE HAD TO DISASSEMBLED TO DO SO. ONCE THE TRIM AT THE BOTTOM WAS REPLACED THE WHOLE SINK FAUCET AND ALL HAD TO BE REASSEMBLED 6/5/13BK CORRECTION: REQ RECD 5.16 / ORDERED 5.16 (EK) STILE REC 5/22/13 SEW 9 COMPLAINT: CIS THAT THE DOOR IS.HARD TO CLOSE TO STRONG OF A SHOCK CORRECTION: NO CORRECTION AT THIS TIME A NEW SHOCK WAS INSTALLED AND IT JUST NEEDS TO BE BROKEN IN NOTE CALLED THE HASLUPS TO LET THEM KNOW WE ARE AWAITNG A PART FROM THOR 5/29/13BK NOTE CHECKED WITH WARRANTY TO FOLLOW UP ON WARRANTY 6/14/13BK NOTE CHECKED WITH WARRANTY ON 6/18/13 NO UPDATES YET 6/18/13BK Continued on page 3 PAGE 3 Work Order HAR *193991 Part No Job# Description- PARTS Qty Price Total 0232385 1 FRONT MNT BRACKET FOR JACK 2.00 W -N /C- 15597 4 6' A/V CABLE 1.00 W -N /C- 19512 8 STILE,3 /4X4 "VINTAGE MAPLE 1.00 W -N /C 19774 8 3/4" STILE 1.00 W -N /C- ****************************************************************************** Lab Code Job# Description LABOUR Total *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** N 1 JACK BRACKETS MB W -N /C- N 2 MB W -N /C- N 3 MB W -N /C N 4 MB W -N /C- N 5 MB W -N /C- N 6 MB W -N /C- N 7 MB W -N /C- N 8 MB W -N /C- N 8 MB W -N /C- N 8 REBUILD CABINET MB W -N /C- Excode Job# Description EXTRAS Qty Price Total FRT 1 JACK BRACKET 1.00 W -N /C- SS2 9 SHOP SUPPLIES 1.00 0.00 0.00 FRT 8 FREIGHT (EXT) 1.00 W -N /C- Parts Total: 0.00 Labour Total: 0.00 Sublet Total: 0.00 Extras Total: 0.00 Work Order "Total: 0.00 Customer Signature: Date: 16 AUG 2013 ` DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT REPAIR COMPLETION DATE OWNER NOTIFIED OF COMPLETION @ TIME DATE DATE RELEASED /COLLECTED I /WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I /WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I /WE HAVE INSPECTED MY /OUR VEHICLE AND HAVE EXAMINED.THE WORK DONE. I /WE CONFIRM Continued on page 4 PAGE 4 Work Order HAR *193991 THAT THE WORK HAS BEEN COMPLETED TO MY /OUR SATISFACTION. SIGNATURE OF OWNER r GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717- 657 -3747 CUSTOMER WORK ORDER # HAR *193879 WO Date: 15 APR 1 First Name: GLORIA J Tag #: 6718 _ Customer Name: 1143411 - HASLUP, GLOR Author: BRIAN.KREIDER Address: 20 LINE DRIVE Stock No: 327626 GETTYSBURG, PA Year: 2013 Postal /Zip: 17325 Manufacturer: THOR MOTOR COACH Phone #(res): 443 -618 -9967 Brand: CHALLENGER Phone #(bus): Model: 37GT Cell Phone: 443 - 618 -9967 Length: 37 ExtW Co: Serial #: CHD37GT0107873 ExtW No: Chassis #: 1F66F5DY7DOA00009 Email: Miles /Hrs: 848 NextAction Date: 26 APR 13 Purchased Date: 30 OCT 12 Completed Date: 19 APR 13 Warranty Date: 30 NOV 12 Invoice #: Date In: 15 APR 13 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Job # Description ..JOB INFORMATION 1 COMPLAINT: CIS THAT THERE ARE 4 OR 5 ELECTRICAL OUTLET THAT DO NOT WORK, THE TVS DO NOT WORK CORRECTION: FOUND THAT THERE IS A CONVERTER UNDER THE BED THAT HAD A TRIPPED BREAKER RESET THE BREAKER HAD TO TEAR THE BED APART TO FIND IT 4/16/13 CORRECTION ON REPAIR'IT IS THE INVERTER THAT WAS LOCATED UNDER THE BED AND THE TECHNICIAN AND THE SERVICE MANAGER SPENT AN HOUR TRYING TCORRECT THE ISSUE AND THAT IS WHEN THE FOUND THE RESET BUTTON LOCATED ON TOP OF THE INVERTER. THE CUSTOMER WAS NOT EVEN AWARE HE HAD AN INVETER THERE WE ARE ASKING FOR AN ADDITIONAL HOUR AS WE HAD TO SPEND TIME TO LOCATE THIS 2 COMPLAINT: CIS THAT TNEITHER SHADE AT THE DRIVERS WINDSHIELD DO NOT WORK CORRECTION: RESET THE SHADES 3 COMPLAINT: THAT THE DASH LIGHT OVER THE DRIVERS EAT DOES NOT WORK CORRECTION: LIGHT WORKS WITH HEADLIGHT DOME SWITCH 4 COMPLAINT: CIS THAT THE TOILET WILL NOT FLUSH THE VALVE THAT GOES TO THE BACK IS BROKEN CORRECTION: ORDERED THE TOLIET SWITCH PART RECD 4.18 (EK) Continued on page 2 PAGE 2 Work Order HAR *193879 REPLACED VALVE 5 CIS THAT THE DRIVERS SIDE WIPER BLADE DOES NOT GO ALL THE WAY OVER 6 COMPLAINT: CIS THAT THE RECLINER DOES NOT COME OUT RIGHT YOU HAVE TO PLAY WITH THE HANDLE TO GET IT TO COME OUT CORRECTION: NO PROBLEM FOUND '7 COMPLAINT: CIS THAT THE LEVELING SYSTEM DOES NOT WORK CORRECTION:" RESET THE LEVELING SYSTEM 8 COMPLAINT: CIS THAT THE DOOR SHOCK IS LEAKING CORRECTION: DOOR SHOCK IS LEAKING HAD TO REPLACE THE SHOCK WARR COMPLAINT: JOB 1 - .2 +.5= .7TOTAL PA077496 JOB 2 - .2 JOB 3,5,6 - NPF NOT COVERED JOB 7 -..3 JOB 8 - .2 AUTH #PA077402 4/16 CAUSE: JOB 4 - .5 FROM DOMETIC - THEY ARE SENDING PART Part No Job# Description PARTS Qty Price Total *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 385311641 4 TOILET VALUE 1.00 W -N /C- CW49805 8 GAS PROP 20 INCH 40LBS 1.00 W -N /C- Lab Code Job# Description LABOUR Total DIAG 1 DIAG TIME SH W -N /C- N 2 SHADES RESET SH W -N /C- DIAG 4 DIAG TIME SH W -N /C N 4 MB. W -N /C- N 7 LEVELING JACKS SH W -N /C- N 8 DOOR SHOCK SH W -N /C- Parts Total: 0.00 Labour Total: 0.00 Sublet Total: 0.00 Extras Total: 0.00 Work Order Total: 0.00 Customer Signature: Date: 16 AUG 2013 DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT REPAIR COMPLETION DATE Continued on page 3 PAGE 3 Work HAR *193879 OWNER NOTIFIED OF COMPLETION @ TIME DATE DATE RELEASED /COLLECTED I /WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I /WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I /WE HAVE INSPECTED MY /OUR VEHICLE AND EXAMINED THE WORK DONE. I /WE CONFIRM THAT THE WORK HAS BEEN COMPLETED TO MY /OUR SATISFACTION. SIGNATURE OF OWNER GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717- 657 -3747 CUSTOMER WORK ORDER # HAR *192111 WO Date: 10 JAN 13 First Name: GLORIA J Tag #: Customer Name: 1143411 - HASLUP, GLOR Author: BRIAN.KREIDER Address: 20 LINE DRIVE Stock No: 327626 GETTYSBURG, PA Year: 2013 Postal /Zip: 17325 Manufacturer: THbRMOTOR COACH Phone #(res): 443 -618 -9967 Brand: CHALLENGER Phone #(bus): Model: 37GT Cell Phone: 443 -618 -9967 Length: 37 ExtW Co: Serial #: CHD37GTO107873 ExtW No: Chassis# 1F66F5DY7D0A00009 Email: Miles /Hrs: 1100 NextAction Date: 25 JAN 13 Purchased Date: 30 OCT 12 Completed Date: 24 JAN 13 Warranty Date: 30 NOV 12 Invoice #: 912864 Date In: 10 JAN 13 Job # Description JOB INFORMATION INS2 COMPLAINT: PA STATE INSPECTION -MOTOR HOMES CORRECTION: LF AND RR BRAKES ARE 14B AND TIRES ARE 12/32 STICKER #AI2 - 9618315 EXP 1/14 1 COMPLAINT: CIS THAT THE SUNSHADE DOES NOT GO UP CORRECTION: SUNSHADES WERE GOING TO FAR THEY NEEDED TO BE ADJUSTED ASKING FOR .4 2 COMPLAINT: CIS THAT THE DASH AIR VENT FELL INTO THE DASH CAUSE: THE VENT WENT DOWN INTO THE HOSE, PULLED HOSE OFF OF BOX AND REATTACHED VENT ASKING FOR .3 3 COMPLAINT: CIS THAT THE SEAL AROUND THE OUTSIDE TV IS BAD CAUSE: THE SEAL AROUND THE TV COMPARTMENT ON THE OUTSIDE IS PULLING OFF IT NEEDS A NEW SEAL ASKING FOR 1 HOUR TO REMOVE SEAL CLEAN AND REINSTALL A NEW SEAL CORRECTION: REQ RECD 1.10 / ORDERD 1.11 (EK) PARTS RECD 1/15/13 4 COMPLAINT: CIS THAT WHEN THEY OPENED THE WET BAR DOOR THAT THE SHOCK PULLED OUT OF THE FRAME CAUSE: THE SCREW HEADS BROKE OFF NEED TO DRILL OUT HEADS AND REINSTALL NEW SCREWS AND REINSTALL SHOCK Continued on page 2 PAGE 2 Work Order HAR *192111 WARR JOB 1 - .3 JOB 2 - .3 JOB 3 - .4 AUTH #PA070505 1 /10 JOB 4 - .5 AUTH #PA0.70510 1 /10 Part No Job# Description PARTS Qty Price Total 0246261 3 D SEAL 12.00 W -N /C- *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Lab Code Job# Description LABOUR Total INS2 INS2 PA STATE INSPECTION MH MB 68.00 N 1 SUNSHADE MB W -N /C- N 2 DASH AIR VENT MB W -N /C- N 3 MB W -N /C- N 4 WET BAY DOOR MB' W -N /C- Excode Job# Description EXTRAS' Qty Pride- Total *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** PASTK INS2 PA STATE.INPECTION STICKER 1.00 2.00 .2.00 SSU INS2 SHOP SUPPLIES (EXT) 1.00 6.80 6.80 Parts Total: 0.00 Labour Total: 68.00 Sublet Total: 0.00 Extras Total: 8.80 Tax Total: 4.61 Work Order Total: 81.41 Customer Signature:. Date: 16 AUG 2013 DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT REPAIR COMPLETION DATE OWNER NOTIFIED OF COMPLETION @ TIME DATE DATE RELEASED /COLLECTED I /WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I /WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I /WE HAVE INSPECTED MY /OUR VEHICLE AND HAVE EXAMINED THE WORK DONE. I /WE CONFIRM THAT THE WORK HAS BEEN COMPLETED TO MY /OUR SATISFACTION. Continued on page 3 I 1414 JAN -F pn ++ 4J . CUlBERLANC COUNT y PENNS yLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. No: 13 — 7297 Civil THOR INDUSTRIES, INC. PRAECIPE FOR APPEARANCE Defendant. Filed on behalf of Defendant, Thor Industries, Inc. Counsel of record for this party: Anthony J. Williott, Esquire PA ID No. 43684 Marshall, Dennehey, Warner, Coleman & Goggin 2900 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412-803-1140 JURY TRIAL DEMANDED 12/1996542.vI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. No: 13 — 7297 - Civil THOR INDUSTRIES, INC. Defendant. PRAECIPE FOR APPEARANCE Kindly enter the appearances of Anthony J. Williott, Esquire, and Marshall Dennehey Warner Coleman & Goggin on behalf of Defendant Thor Industries, Inc. in the above-captioned matter. Respectfully submitted, MARSHALL,DENNEHEY,WARNER, COLEMAN& GOGGIN 4 By: 11t4' Anthony J. l i %tt, Esquire CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for Appearance has been served upon the following known counsel of record this 2nd day of January 2014, via United States First-Class Mail, postage prepaid: David J. Gorberg, Esquire David J. Gorberg & Associates 32 Parking Plaza, Suite 700 Ambler, PA 19003 By: 4.Z A ' r' Anthony J. ��e , Esquire 71LED-O flCE OF THE PROTHONOTARY ? ! JAN 10 PM 1: 07 CUMBERLAND COUNTY PENNSYLVANIA • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. No: 13 —7297 Civil THOR INDUSTRIES, INC. PRELIMINARY OBJECTIONS Defendant. Filed on behalf of Defendant, Thor Industries, Inc. Counsel of record for this party: Anthony J. Williott, Esquire PA ID No. 43684 Marshall, Dennehey, Warner, Coleman & Goggin 2900 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412-803-1140 JURY TRIAL DEMANDED 12/2002439.vI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. No: 13 —7297 - Civil THOR INDUSTRIES, INC. Defendant. PRELIMINARY OBJECTIONS AND NOW comes the Defendant, Thor Industries, Inc., by and through its attorneys, Marshall, Dennehey, Warner, Coleman & Goggin and Anthony J. Williott, Esquire, and files the within Preliminary Objections to Plaintiffs' Complaint, as follows: I. Demurrer 1. Plaintiffs have filed a Complaint in which they purport to allege three causes of action, to-wit, violation of the Magnuson-Moss Warranty Improvement Act, breach of warranty under the Uniform Commercial Code and violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, in connection with their purchase of a motor home in November 2012. 2. Each of Plaintiffs' claims relies upon Plaintiffs' ability to prove a breach of warranty. Plaintiffs allege breach of warranty under the Uniform Commercial Code in Count II. Plaintiffs' claims under the Magnuson-Moss Warranty Improvement Act (Count I) and the Pennsylvania Unfair Trade Practices and Consumer Protection Law(UTPCPL) (Count III) are derivative actions. Plaintiffs must plead a viable common law claim for breach of warranty to properly assert claims for violation of Magnuson-Moss and the Pa. UTPCPL. 3. Plaintiffs purchased the subject motor home in the State of New York from a New York dealership. (See Retail Installment Contract and Security Agreement attached to Plaintiffs' Complaint. See, also, exhibit A hereto, which is a copy of the Purchase Agreement between Plaintiffs and Meyer's RV Centers, LLC d/b/a The Outdoor Store by Camping World of Churchville,New York.)' 4. Plaintiffs did not purchase the motor home directly from Defendant; instead, Plaintiffs purchased the motor home from The Outdoor Store by Camping World in Churchville, New York. (See above-referenced exhibits.) Defendant was a stranger to the transaction between Plaintiffs and The Outdoor Store by Camping World.2 5. Since the sale of the subject motor home took place in the State of New York, any implied warranty of merchantability or implied warranty of fitness for a particular purpose "attached" at the time of the sale in New York and under New York law. 6. Under a conflict of laws analysis, New York law applies to Plaintiffs' claims for breaches of the implied warranty of merchantability, the implied warranty of fitness for a particular purpose and the covenant of good faith and fair dealing. 7. Under New York law, a consumer must be in privity with a "seller" to sue that seller for breach of warranty under the Uniform Commercial Code. Here, Plaintiffs were not in Although Plaintiffs allege in paragraph 4 of their Complaint that"the vehicle was purchased ... in the Commonwealth of Pennsylvania,"this allegation is clearly erroneous based on the exhibit attached to Plaintiffs' Complaint and the exhibit attached hereto. 2 The named Defendant, Thor.Industries, Inc.,did not manufacture,assemble,sell or distribute the subject motor home. Instead,the described motor home was assembled/manufactured by Thor Motor Coach,Inc.,then sold by Thor Motor Coach,Inc. to the New York dealership. privity with Defendant Thor, as Plaintiffs purchased the motor home from The Outdoor Store by Camping World in Churchville,New York, not from Thor. 8. Since Plaintiffs were not in privity with Defendant, they cannot sue Defendant for breach of warranty under the Uniform Commercial Code, and Count II of the Complaint must be dismissed. 9. Additionally, to the extent Plaintiffs are claiming breach of an express warranty, Plaintiffs have failed to attach the warranty to their Complaint as is required by Pa.R.C.P. 1019(i), and have failed to allege the terms of the express warranty. 10. Since Plaintiffs' claims for violation of the Magnuson-Moss Warranty Improvement Act and the Pennsylvania UTPCPL are derivative of their breach of warranty claims, Counts I and II fail as well, as Plaintiffs have no underlying claim for breach of warranty. WHEREFORE, Defendant respectfully requests this Honorable Court sustain the within demurrer and dismiss Plaintiffs' Complaint with prejudice. II. Motion To Strike Plaintiffs' Claim For Treble Damages In Count I 11. Plaintiffs seek treble damages in Count I for breach of the Magnuson-Moss Warranty Improvement Act. 12. The Magnuson-Moss Warranty Improvement Act does not allow for recovery of treble damages. Accordingly, Plaintiffs' demand for treble damages must be stricken. WHEREFORE, in the alternative, Defendant respectfully requests this Honorable Court grant the within motion to strike Plaintiffs' demand for treble damages in Count I. III. Motion to Strike Plaintiffs' Claims For the Purchase Price, Treble Damages and Attorney Fees in Count II 13. Plaintiffs seek the purchase price, attorney fees and treble damages in Count II for breach of warranty. 14. The purchase price, treble damages and attorney fees are not recoverable for breach of warranty under the Uniform Commercial Code. Accordingly, Plaintiffs' demands for those damages in Count II must be stricken. WHEREFORE, in the alternative, Defendant respectfully requests this Honorable Court grant the within motion to strike Plaintiffs' request for the purchase price, attorney fees and treble damages in Count II. IV. Motion to Strike/Motion for More Specific Pleading— Failure To Attach Warranty To Complaint 15. Pa.R.C.P. 1019(i) requires that Plaintiffs attach to their Complaint any writing upon which their claim is based. 16. In their Complaint, Plaintiffs allege they received "several warranties" from Defendant, as "fully outlined in the warranty booklet." (See ¶7 of Complaint.) They allege further that "[t]he nonconformities [in the motor home] violate the express written warranties issued to Plaintiff by Defendant." (See¶10 of Complaint.) 17. Plaintiffs have not attached any written warranty to their Complaint. Nonetheless, in Count II, they allege Defendant has violated the express written warranty Defendant issued to Plaintiffs. 18. By law, a warrantor is only bound by those promises it made in the written warranty, and Plaintiffs as purchasers are bound by the limitations, disclaimers, defenses and other matters in the written warranty. Plaintiffs' failure to attach the written warranty to their Complaint violates Pa.R.C.P. 1019(i). 19. Under Pa.R.C.P. 1028(a)(2),preliminary objections may be filed where a pleading fails to conform to rule of court. Preliminary objections may also be raised where the pleading is insufficiently specific, under Pa.R.C.P. 1028(a)(3). 20. Plaintiffs' Complaint must be stricken for failure to attach the express written warranty on which their claims rely. In the alternative, Plaintiffs must more specifically plead by attaching the written warranty to their Complaint. WHEREFORE, in the alternative, Defendant respectfully requests this Honorable Court grant the within motion to strike/motion for more specific pleading. IV. Motion To Strike Complaint For Failure To Attach Verification 21. The verification attached to Plaintiffs' Complaint is signed by Plaintiffs' counsel. 22. Pursuant to Pa.R.C.P. 1024, every pleading containing an averment of fact must be verified "by one or more of the parties filing the pleading ... ." 23. Plaintiffs have not signed verifications in support of the averments of fact in their Complaint, in violation of Pa.R.C.P. 1024. As such, Plaintiffs' Complaint must be stricken for failure to comply with this rule of court. WHEREFORE, in the alternative, Defendant respectfully requests this Honorable Court grant the within motion to strike. Respectfully submitted, MARSHALL DENNEHEX WARNER COLEMAN & GOGGIN By: IIi(/LA& i °/.,.■-_ A J. Williott, squire A/o y ey for Defendant . i l" "Met'er's RV Centers, LLC dba THE OUTDOOR STORE by Camping World 9Q??1000 Sanford Road N. • Churchville, NY 14428• Phone (585) 293-3000 • Fax (585) 293-8044 1 VEHICLE CASH PURCHASE AGREEMENT-MOTORHOMES NY _ST_A HMV FACILITY NO.7097606 , BUYER D08 SALESPERS i A/4/4/ C •eid STREET ,ry /` HOL PHO E �j CELL PHONE t 90 /.,NZ _ r DA(/ J Off -/,�' CITY,STATE,ZIP EMAIL ARE YOU CURRENTLY A CAM LNG WORLD PRESIDENT'S CLUB MEMBER? r2Yes D No /`" has kip fl 070(f.t: C.0mC.cd'J', n e-4--•' -: THE VEHICLE TRANSACTION -• I ORDER AND AGREE TO PURCHASE FROM YOU,ON THE TERMS CONTAINED ON BOTH SIDES OF THIS AGREEMENT,THE FOLLOWING VEHICLE:(READ OTHER SIDE) YEAR d rt/ NEW FUSED 0 DEMO LJ 'STO✓NO. ��CHASSIS ` ` i S D -✓ D?1 F 1 4/ ,.4G /J^`IGy) 1 (G Grp F Ll R ©� v MARE MODEL COACH BODY TYPE COLOR 1. CHASMS MAKE 39 7409 bHASSIS YEAR 5h11LEAGE I 'Estimated Delivery Date /Place of Delivery VEHICLE PRICE (+) `$ /3A 50'0 If the new motor vehicle has not been delivered In accordance with this contract within 30 days TRANSPORTATION following the estimated delivery date,the consumer has the right to cancel this contract and to A NOT Y INSTALLED IN VEHICLE PRICE) (+) receive a full refund,unless the delay In delivery is attributable to the consumer. FACTORY INSTALLED EOUIPIdENT (4') • • IF YOU AGREE TO ASSIST tIE IiI OBTAINING FINANCING FOR ANY PART OF THE PURCHASE PRICE,THIS ORDER SHALL NOT BE BINDING UPON YOU OR ME UNTIL ALL OF THE CREDIT • TERMS ARE PRESENTED TO LIE IN ACCORDANCE WITH REGULATION'Z'(TRUTH•IN•LENDING) AND ARE ACCEPTED BY ME,iF I DO HOT ACCEPT THE CREDIT TERMS WHEN PRESENTED,I MAY CANCEL THIS ORDER AND MY DEPOSIT WILL BE REFUNDED. PRIOR USE CERTIFICATION(Required by Vehicle and Traffic Law 417a if the principal use of the vehicle was as a police vehicle,taxicab,driver education vehicle,or rental vehicle).The principal prior use of this vehicle was as a police vehicle❑ tax-cab ❑ driver education vehicle 0 rental vehicle ❑ DEALER INSTALLED EQUIPMENT AND SERVICES (+) ALL TRAVEL TIME EXPENSES ARE NOT COVERED UNDER ANY WARRANTY. PAYMENT FOR TRAVEL TIME IS DUE WHEN SERVICE iS RENDERED. NOTICE TO USED VEHICLE BUYER: If you should be entitled to a refund TOTAL PRICE $ pursuant to section 198-b of the NYS General Business Law,instead of returning (� your trade In, the dealer may pay to you Its wholesale value as determined by Less TRAOE-IN CREDIT(see I anden onback) H C V ! �P� _ reference to the National Automobile Dealers Association Used Car Guide,or such CASH PRICE $ a�✓vv other guide as may be approved by the Commissioner of Motor Vehicles, as adjusted for mileage, Improvements, and any major physical or mechanical MOTORHOME PREP FEE $ g�9s 00 defects,rather than the value listed in this agreement. FREIGHT \ '1j9�00 THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT.INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS . . • .... IN THE CONTRACT OF SALE. $ • IF THIS MOTOR VEHICLE IS CLASSIFIED AS A USED MOTOR VEHICLE,THE DEALER CERTIFIES THAT . TOTAL CASH PRiCE $.• ' C0 THE ENTIRE VEHICLE IS IN.CONDITION AND REPAIR TO RENDER UNDER NORMAL USE, - - SATISFACTORY AND ADEQUATE SERVICE UPON THE PUBLIC HIGHWAY AT THE TINE OF DELIVERY. , -; .TAXES-.AND OTHER FEES THE TRADE IN . SALES TAX rn,ac A' 6 p +• YEAR, LIA�E. MODEL BODY , 6 Q ( ) / 770 0/(38 7401e /1 yle�q,t; •?e/6 F}'G NYS INSPECTION FEE / ,, fe a.i )j . MILEAGE V.I.N. ' REGISTRATION FEE N D RR (+� I 1 (ESTIMATE)' PLATE NO I EXP-DATE l f/cH NEV/ DEALERSOPIIGIAL FEE FOR PROCESSHIOAPPI.JCA710NFOR + -J 1f ///'�/Q ORE•REG REGISTRATION AMOR CERTIFICATE OF MX.MS IS I.'Or A MN FEE. ' ( . !rJ 00 BALANCE OWING TO: (I It NYS TIRE MGMT FEE$2.50 X b TIRES (+) /5" - DATE AMOUNT OWED I GOOD UNTIL CONTACT p TOTALCASHPRI ��).DELIVERED $ $ LESS CASH DEPOSIT OI---- ,�'/d c O ne H or/ • L AU^' SUBMITTED WITH ORDE' _ O f CANCELLATION STATEMENT-if this contract fs cancelled by me 1 g11f3 TOTAL without your consent I understand I shall be liable to you for l • iquidated damages In accordance with Paragraph 3(on reverse side) OWING (+) /0 7, 706 or any additional damages that you may incur therefrom. LESS REBATE tf$i r(able) H X771 0) Sig.X /, , � ��' 75/ PLEAS*NOTE THAT-,THE PRICING SHOWN INCLUDES ' �7c '�Xt v ! ' ALL`INCENTIVES,REBATESUID COUPONS CASH DUE ON DELIVERY .$%� 4(..) i" F.1."�o ff I have read the terms on the front and back of this agreement and accept them TOTAL AMOUNT TO BE FINANCED //-97,,a0 as staled.I have received a completed copy of this agreement as signed. 'The amount indicated on this sales contract or tease agreement for registration 1 and title fees Is an estimate.In some instances,It may exceed the actual fees due • 1 h// �i ) - he Commissioner of Motor Vehicles.The dealer will,automaticall and within 60 Buyer's Signature If-1,-P1--e---,:t- /`Y �Q-� ! DATE11) i� 01-Bays of securing such registration and title,refund any amount overpaid for such �.� / fees.If the estimated fee collected is less than the actual amount owed,the Buyer Is • Co-Buyer's Signatu , -+ >�rJ� DATE: responsible for the diNorence and wilt be Invoiced accordingly. a f� ,, Seller Approved Sy: r 1��.1L irtill. DATE.O .' -•The optional Dealer Registration or Title Application Processing Fee is not a New I York State or Department of Motor Vehicles Fee.Unless a lien Is being recorded or THIS A ,REEMENT IS NOT BINDING the Dealer issued numbered plates, you may submit your own application for UNLESS SIGNED BY THE SELLER AND THE BUYER registration and/or certificate of title to any Motor vehicle office. 1 • • Meyer's RV Centers, LLC dba THE OUTDOOR STORE by Camping World • ADDITIONAL TERMS OF AGREEMENT "I" 'me', and "my°refer to the Buyer and Co-Buyer. "You"and'your" refer to the Seller/Dealer. I agree this order Is subject to the following terms: - • • 1.Trade-in Credit-May;Change,i)_l•do not deliver.the'tradedn,•vehIcie to•you when this Agreement•is.slgned, I agree, that at the-time the trade-itt.vehlcie is delivered`lb.you;:should:-.the Value:of my.trade-in•be.materially diminished as a result of physical damage,.alteration or•deterioration(ri mechanfoai.dabifition • other than normal wear ,and tear,YOU HAVE THE RIGHT TO•REAPPRAISE THE VEHICLE,AS A RESULT OF SUCH REAPPRAISAL, I UNDERSTAND THAT • THE TRADE-IN ALLOWANCE ON MY VEHICLE MAY BE REDUCED AND THAT THIS WILL iN TURN INCREASE THE NET PRICE WHICH I WILL HAVE TO ' PAY FOR THE•VEHICLE'IF I DECIDE TO PURCHASE•THE VEHICLE. If the trade-In credit is reduced and I am not satisfied, I understand that I can cancel this agreement if the purchased vehicle has not been registered in my name or delivered to me or you have not accepted delivery of the trade-In vehicle. 2. z•e- r B - '• !• •: .1= At the time i deliver the trade-In vehicle to you, I promise to sign a Bill of Sale and a mileage certification statement and I :give you satisfactory.proof that./own the vehicle..I warrant(guarantee) (a) that there are no liens on the trade-in vehicle and that i owe no one any money- for the vehicle or repairs to the vehicle,except as may be shown on the face of this agreement; (by that the trade-in vehicle does not have a welded-or bent frame and that the motor block is.not cracked, welded or repaired;and(c)that the vehicle has hot been flood damaged dr declared,a total loss for Insurance purposes; and (d)that emission control devices have not been altered and/or removed, and nothing-has been removed from the trade, including all seat-belts, that was originally seen.The engine and/or transmission has not been tampered with to pass your inspection. I further warrant that any vehicle i trade to you is not a branded vehicle and no such brand (i.e.-Warranty Non-Conformity; Reconstructed;;Non-USA-Ski;Exceeds_Mechanical Limits;Not Actual Mileage) • • appears on Its Certilicate of Title. You have told me you rely on this representation in accepting the trade-in vehicle. . • 3.alty.trIelieltteaLlkEttrattesst. Unless this agreement Is non-binding because you.are arranging credit.for me, I understand that the.cash deposit I have . given to you can•be retained,In accordance with your refund policy, to offset your damages If I refuse to complete my purchase. I also understand that 1 may be responsible for any other damages which you may'incur as a result of my failure to perform my obligations under the terms of this agreement. R.Delays In Detlyary,i.understand that you shall not be liable for delays caused by the manufacturer, accidents,sureties, fires or Other causes beyond-your control. Provided you promptly place my order with the manufacturer and the manufacturer refuses to accept the order or tails to deliver the vehicle,after . accepting the order, upon your prompt notification and refund of my deposit, I will not hold you liable and this agreement shall be cancelled. • 5.Disclaimer of Warranties.I UNDERSTAND THAT YOU EXPRESSLY DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED • WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,AND THAT YOU.NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR YOU ANY LIABILITY IN CONNECTION WITH THE SALE OF THE VEHICLE,except as otherwise provided In writing by YOU in an attachment to this Agreement or In a document delivered to ME when the vehicle Is delivered. Limitation an-Implied Warranties.Some States do not allow,either(1)Limitations on how long an implied warranty lasts or(2}.the exclusion or limitation of Incidental or consequential damages,so these limitations may not apply. • • • 6. Price Chanaes, • . .(a)THE TOTAL CASH PRICE DELIVERED LESS THE TRADE-IN ALLOWANCE SHOWN ON THE FRONT OF THIS AGREEMENT IS THE FINAL CON- TRACT PRICE TO WHICH YOU AND I HAVE AGREED;AND, IF THE VEHICLE IS A NEW-MOTOR VEHICLE,•NO ADDITIONAL FEE OR CHARGE WILL BE 'IMPOSED OR COLLECTED DUE TO:CHANGES IN THE:MANUFACTURER'S LIST•PRiCE, OR CHANGES IN THE COST OF FREIGHT OR SERVICES •PROVIDED BY YOU.::' '. i (b)A REDUCTION IN THE VALUE OF THE TRADELIN MAY RESULT IN AN,INCREASE IN THE CASH PRICE DELIVERED I WILL HAVE TO PAY AS PRO- 1 VIDED IN PARAGRAPH 1 OF THIS AGREEMENT. j (c) IF THE BALANCE I OWE ON MY TRADE-IN AT THE TIME OF DELIVERY OF THE TRADE-IN TO YOU IS DIFFERENT THAN THE AMOUNT I HAVE :TOLD YOU AND WHICH AMOUNT IS SHOWN ON THE FRONT OF THIS AGREEMENT, THEN THE CASH PRICE DELIVERED OF THE VEHICLE I AM •PURCHASING SHALL CHANGE ACCORDINGLY. (d) IF THE REGISTRATION FEE VARIES FROM-THE AMOUNT YOU HAVE ESTIMATED ON THE FRONT OF THIS AGREEMENT,THEN THE CASH PRICE DELIVERED SHALL CHANGE ACCORDINGLY. j (e) I AGREE THAT I WILL PAY THE FINAL CASH PRICE DELIVERED AS SHOWN ON THE FRONT OF THIS AGREEMENT. IF THERE HAVE BEEN ANY CHANGES IN THE TOTAL CASH PRICE DELIVERED FOR REASONS STATED'IN THIS PARAGRAPH 6 THEN I WILL PAY THE CASH PRICE DELIVERED AS CHANGED BY ANY SUCH ADJUSTMENT. MY PAYMENT WILL BE EITHER IN CASH, BANK, OR CERTIFIED CHECK AT THE TiME OF DELIVERY OF THE VEHICLE I HAVE PURCHASED. • 7. Change of Des'gn,-I understand that the manufacturer has the right to change the design of the vehicle, its chassis,accessories or any parts at any time without notice to YOU or ME. In the event of such change by the•manufaclurer,YOU shall have no duty to ME except to deliver the vehicle as made by the manufacturer. - 0. No Other 'greements.There are no understandings or agreements between you and me other than those set forth.in this Agreement and attachments to this Agreement if there are any such attachments..iF THIS AGREEMENT IS FOR A USED VEHICLE,THE INFORMATION YOU SEE ON THE (FEDERAL TRADE COMMISSION)WINDOW FORM IS PART OF THIS AGREEMENT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PRO- 1 VISIONS iN THE CONTRACT OF SALE. i 9.New York Law Applt�You and t agree that this Agreement is governed by New York State Law. • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. No: 13 — 7297 - Civil THOR INDUSTRIES, INC. Defendant. ORDER OF COURT AND NOW, to-wit, this day of 2014, upon consideration of Defendant's Preliminary Objections and Brief in support thereof, and Plaintiffs' opposition, it is hereby ORDERED, ADJUDGED and DECREED that Defendant's Preliminary Objections are sustained and the Complaint is dismissed with prejudice. BY THE COURT: J. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Preliminary Objections has been served upon the following known counsel of record this 8th day of January, 2014, via United States First-Class Mail, postage prepaid: David J. Gorberg, Esquire David J. Gorberg & Associates 32 Parking Plaza, Suite 700 Ambler, PA 19003 By 141 v .♦: .iAti, Antho ; tiilliott, Esquire PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) r`._ • James Haslup and Gloria Haslup , f. VS. Thor Industries, Inc. No. 13-7297 Civil Terri 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: David J. Gorberg, Esq., 32 Parking Plaza, Ardmore, PA 19003 (Name and Address) (b) for defendants: Anthony J. Williott, Esq., 2900 US Steel Tower, Pittsburgh, PA 15219 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: />_ .4.7zmweL ignature // Print your name Anthony J. Williott Attorney for 1e ,2 cla j-� 11 Date: Jo.h• i�(� z i9 en- d. - INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT 1P�1,� s 9.7 a. ADMINISTRATOR(not the Prothonotary) before argument. .7 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. eiO4/9/11 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) after the case is relisted. RiL.3664.45 DAVID J. GORBERG & ASSOCIATES,P.C. BY: DAVID J. GOR 3ERG Attorney for Plaintiffs IDENTIFICATION NO.: 53084 - -°+ 700 TIMES BUILDING xrn SUBURBAN SQUARE Cs„r N ARDMORE, PA 19003 215-665-7660 N +rr —4 cn t' JAMES & GLORIA HASLUP : COURT OF COMMON PLEAS vs 13 THOR INDUSTRIES, INC. : NO. 4-7297-CIVIL AFFIDAVIT OF SERVICE UNDER PRCP #2082 I, DAVID J. GORBERG, being duly sworn according to law, depose and say that I am the attorney for the plaintiff James & Gloria Haslup, I did mail to defendant, Thor Industries, Inc. last known address 701 Country Road 15 Elkhart, IN 46516 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 December 13, 2013, and that the attached receipt is the receipt for said certified letter signed by an agent of the defendant on December 16, 2013. /s/David J er DAVI er',FiR6, ESQUIRE DAVID J. GORBERG & ASSOCIATES, P.C. 32 PARKING PLAZA DAVID J. GORBERGT SUITE 700 NEW JERSEY OFFICE LAURA L. APPLEGATE* 208 KINGS HIGHWAY SOUTH COURTNEY L. SOFIA* ARDMORE, PA 19003 CHERRY HILL, NJ 08034 EMMA C. CHIAMPOU* 1-800-MY-LEMON PITTSBURGH OFFICE 'MEMBER OF PA AND NJ BARS 1-800-695-3666 1900 ALLEGHENY BLDG. T MEMBER OF PA AND NY BARS 429 FORBES AVENUE 'MEMBER OF PA AND MA BARS 215-665-7660 PITTSBURGH, PA 15219 FAX 215-563-8738 BUFFALO OFFICE 70 NIAGARA STREET, STE 612 www.MyLemon.com BUFFALO, NY 14202 December 13, 2013 Thor Industries, Inc. 701 Country Road 15 Elkhart, IN 46516 RE: Haslup vs Thor Motor DOCKET # 12-7297-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 unline Label Record (Label 1 of 1 ) 1. Each Click-N-Ship®label is unique. Labels are to be used as printed and used only once. DO NOT PHOTO LISPS TRACKING#Number: COPY OR ALTER LABEL. 9405 5036 9930 0162 6286 84 2.Place your label so it does not wrap around the edge of [Paid rer Nutmber: 283373830 Priori Mail®Postage: the package. Print Date: 12/13/2013 : 9 $5.05 Ship Date: 12/13/2013 Total: 55.05 3.Adhere your label to the package. A self-adhesive label Delivery Date: 12/17/2013 is recommended. If tape or glue is used,DO NOT TAPE OVER BARCODE. Be sure all edges are secure. From: DAVID GORBERG Refs:naslup 4.To mail your package with PC Postage®,you DAVID J.GORBERG&ASSOCIATES,P.C. may schedule a Package Pickup online,hand to 32 PARKING PLZ STE 700 your letter carrier,take to a Post Office TM,or ARDMORE PA 19003-2440 drop in a USPS collection box. To: THOR INDUSTRIES,INC. 5.Mail your package on the"Ship Date"you 701 COUNT(ROAD 15 I selected when creating this label. ELKHART IN 46516-9731 tip/ 'Commercial Base Pricing Priority Mail rates apply. There is no fee for USPS tip ll lil(.� TrackingTM 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 Y print date. l uD ° Thank you for shipping with the United States Postal Service! arxsr,�t sFRVK�® Check the status of your shipment on the Track & Confirm page at usps.com Marie Kahlan From: Britney Doyle <britney @mylemon.com> Sent: Monday, December 16, 2013 2:04 PM To: 'Marie Kahlan' Subject: FW: USPS Shipment Info for 9405503699300162628684 Britney Doyle, Paralegal David J. Gorberg &Associates 32 Parking Plaza - Suite 700 Ardmore, PA 19003 Phone#215-665-7660 Ext 255 Fax#215-563-8738 1-800-MY-LEMON (1-800-695-3666) From: US Postal Service(&usps.com [mailto:US Postal Service @usps.com] Sent: Monday, December 16, 2013 1:56 PM To: britney(a)mylemon.com Subject: USPS Shipment Info for 9405503699300162628684 This is a post-only message. Please do not respond. DAVID GORBERG has requested that you receive a Track &Confirm update, as shown below. Track &Confirm e-mail update information provided by the U.S. Postal Service. Label Number: 9405503699300162628684 Service Type: USPS TrackingT" Shipment Activity Location Date &Time ------------------------------------------------------------------------------------------------------------------- Delivered ELKHART, IN 46515 December 16, 2013 9:41 am Out for Delivery ELKHART, IN 46516 December 16, 2013 7:38 am Sorting Complete ELKHART, IN 46516 December 16, 2013 7:28 am Arrival at Post Office ELKHART, IN 46516 December 16, 2013 5:28 am Depart USPS Sort Facility INDIANAPOLIS, IN 46241 December 16, 2013 Processed through USPS Sort Facility INDIANAPOLIS, IN 46241 December 15, 2013 2:08 pm Depart USPS Sort Facility PHILADELPHIA, PA 19116 December 14, 2013 5:19 am Processed at USPS Origin Sort Facility PHILADELPHIA, PA 19116 December 13, 2013 9:28 pm Acceptance ARDMORE, PA 19003 December 13, 2013 5:14 pm Electronic Shipping Info Received December 13, 2013 Reminder: Track&Confirm by email Date of email request: December 13, 2013 Future activity will continue to be emailed for up to 2 weeks from the Date of Request shown above. If you need to initiate 1 . .FfiE PROTHO OTAR 2O 1 t JAN 31 PM 1: 25 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, No: 13 —7297 Civil vs. THOR INDUSTRIES, INC. STIPULATION Defendant. Filed on behalf of Plaintiffs and Defendant Counsel of record for this party: David J. Gorberg, Esquire PA ID No. 53084 David J. Gorberg & Associates 32 Parking Plaza, Suite 700 Ardmore, PA 19003 Anthony J. Williott, Esquire PA ID No. 43684 Marshall, Dennehey, Warner, Coleman& Goggin 2900 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412-803-1140 JURY TRIAL DEMANDED 12/1996549.vl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. No: 13 —7297 - Civil THOR INDUSTRIES, INC. Defendant. STIPULATION Plaintiffs, by and through their undersigned counsel, do hereby stipulate that the amount in controversy in the within action does not exceed $75,000, inclusive of treble damages, and Plaintiffs shall not seek recovery of any amount in excess of$75,000, inclusive of treble damages, at any time. Plaintiffs further stipulate that their claims for treble damages in Counts I and II, and for attorney fees in Count II, are withdrawn with prejudice. David J. Gorberg, Esquire Counsel for Plaintiffs • 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 zm — < -0 C James & Gloria Haslup �-�r 20 Line Drive P' Gettysburg, PA 17325 COURT OF COMMON PLEAS vs. Cumberland Thor Motor Coach, Inc 701 Country Road 15 Elkhart, IN 46516 NO. 13-7297-CIVIL COMPLAINT 1. Plaintiff, James & Gloria Haslup, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing 20 Line Drive, Gettysburg, PA 17325. 2. Defendant, Thor Motor Coach, Inc 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 701 Country Road 15, Elkhart, IN 46516. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about November 30, 2012, Plaintiff purchased a new 2013 Thor Motor Coach Challenger 37GT (hereinafter referred to as the "vehicle"), manufactured and warranted by Defendant bearing the Vehicle Identification Number 1 F66F5DY7D0A00009. 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 $206,081.05. 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. The warranty booklet is attached and marked as Exhibit "A." 8. On or about November 30 2012, 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, air conditioning, water leak, electricity & windshield separation. Copies of repair receipts are attached hereto and marked as Exhibit "B". 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 its 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 I 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. The written warranty is attached hereto as Plaintiff's Exhibit"A." 24. Defendant failed to make effective repairs. 25. 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. 26. 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. 27. 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 the diminution in value of the vehicle,plus all available collateral changes and attorney fees. Amount not in excess of$75,000.00. COUNT II UNIFORM COMMERCIAL CODE 28. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if fully set forth at length herein. 29. 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. 30. The purpose for which Plaintiff purchased the vehicle include but are not limited to his personal, family and household use. 31. 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. 32. 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. 33. Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendant to honor its express and implied warranties. 34. 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. 35. While Plaintiff acknowledges that the vehicle was purchased in New York, the Pennsylvania Uniform Commercial Code applies in this case as the Plaintiff resides in Pennsylvania and the breach of warranty occurred in this state. As evidenced by the attached repair orders, all defects were found in Pennsylvania and repaired by a dealership in Harrisburg. It was at this dealership in Harrisburg that the defects were unable to be fixed in a reasonable amount of time,thus breaching the warranty. As Pennsylvania is the location of the injury, Pennsylvania law applies. WHEREFORE, Plaintiff respectfully demands judgment in his favor and against the Defendant in an amount equal to the diminution in value of the vehicle. Amount not in excess of $75,000.00. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 36. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if set forth at length herein. 37. 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. 38. 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. 39. 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$75,000.00. DAVID J. GORBERG & ASSOC'ATES, P.C. r-- BY: DAV J: OORBERG QUIRE Attorney or Pia'. • VERIFICATION The undersigned, after having read the attached pleading verifies that the within Amended Civil Action Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. 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IC u8 a��M Warranty WHAT THE PERIOD OF COVERAGE IS: This Limited Warranty provided by Thor Motor Coach, Inc.® ("Warrantor") covers those components,assemblies and systems of your new motorhome not excluded under the section"What is Not Covered",when sold by an authorized dealer. The duration of the limited warranty ends twelve (12) months after you first take delivery of the motorhome from an authorized dealership or after the odometer reaches 15,000 miles,whichever occurs first.However,this Limited Warranty provided by Warrantor covers the steel or aluminum frame structure, only, of the sidewalls (excluding slide outs),roof,and rear and front walls for twenty-four(24)months from the original retail purchase date or the first 24,000 miles of use,whichever occurs first. Warrantor s Limited Warranty is not transferable and only applies to the first retail owner of the motorhome. If the motorhome is not of the current or prior model year when you take delivery of the motorhome OR you register your new motorhome in a business name or use your motorhome for any commercial or business purposes other than for rental purposes,the duration of the limited warranty ends ninety(90)days after you first take delivery of the motorhome or after the odometer reaches 5,000 miles, whichever occurs first. The duration of the Limited Warranty covering the steel or aluminum frame structure, only, of the sidewalls (excluding slide outs), roof, and rear and front walls ends twelve(12)months after you first take delivery of the motorhome or after the odometer reaches 15,000 miles, whichever occurs first.A conclusive presumption that your motorhome has been used for commercial and/or business purposes arises if you have filed a federal or state tax form claiming any business tax benefit related to your ownership of the motorhome. LIMITATION AND DISCLAIMER OF IMPLIED WARRANTIES: IMPLIED WARRANTIES,IF ANY,ARISING BYWAY OF STATE LAW,INCLUDING ANY IMPLIEDWARRANTYOF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE TERM OF THIS LIMITED WARRANTY AND ARE LIMITED IN SCOPE OF COVERAGE TO THOSE PORTIONS OF THE MOTORHOME COVERED BY THIS LIMITED WARRANTY.WARRANTOR DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY ANDTHE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ON COMPONENTS AND APPLIANCES EXCLUDED FROM COVERAGE AS SET FORTH BELOW. There is no warranty of any nature made by Warrantor beyond that contained in this Limited Warranty. No person has authority to enlarge,amend or modify this Limited Warranty. The dealer is not the Warrantor's agent but is an independent entity. Warrantor is not responsible for any undertaking, representation or warranty made by any dealer or other person beyond those expressly set forth in this Limited Warranty. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. WHAT THE WARRANTY COVERS: Warrantor's Limited Warranty covers only defects in the workmanship performed and/or materials used to assemble those portions of your motorhome covered by the limited warranty.See also the section"What the Warranty Does Not Cover"set out below."Defect"means the failure of the workmanship performed and/or materials used to conform to Warrantor's design and manufacturing specification and tolerances. WHAT WE WILL DO TO CORRECT PROBLEMS: Warrantor's sole and exclusive obligation is to repair and/or replace,at its option,any covered defect if: (1)you notify Warrantor and one of its authorized servicing dealers of the defect,which is discovered within the warranty coverage period,within ten (10) days of discovering the defect;and (2)you deliver your Motorhome to Warrantor or Warrantor's authorized servicing dealer at your cost and expense. It is reasonable to expect some service items to occur during the warranty period. Unless prohibited by state law,the performance of warranty repairs shall not extend the original warranty coverage period. Further,any performance of repairs after the warranty coverage period has expired or any performance of repairs to component parts and appliances that are excluded from coverage shall be considered"good will"repairs,which shall not alter the express terms of this limited warranty. If the repair or replacement remedy fails to successfully cure a defect after 10 Warranty Warrantor received a reasonable opportunity to cure the detect(s),your sole and exclusive remedy shalt be limited to Warrantor paying you the cost of having an independent third party perform repairs to the defect(s) or diminution in value damages if defect(s) are incurable. Warrantor may use new and/or remanufactured parts and/or components of substantially equal quality to complete any repair. Defects and/or damage to interior and exterior surfaces, trim, upholstery and other appearance items may occur at the factory during manufacture,during delivery of the motorhome to the selling dealer or on the selling dealer's lot. Normally, any such defect or damage is detected and corrected at the factory or by the selling dealer during the inspection process performed by the Warrantor and the selling dealer. If, however,you discover any such defect or damage when you take delivery of the motorhome,you must notify your dealer or Warrantor within ten days of the date of purchase to have repairs performed to the defect at no cost to you as provided by this Limited Warranty. If two unsuccessful repair attempts have been made to correct any covered defect that you believe substantially impairs the value, use or safety of your motorhome,or repairs to any covered defect(s), which you believe substantially impairs the value, use or safety of your motorhome, have taken 20 or more days to complete, you must, to the extent permitted by law, notify Warrantor directly in writing of the failure to successfully repair the defect(s) so that Warrantor can become directly involved in exercising a final repair attempt for the purpose of performing a successful repair to the identified defect(s). Minor adjustments, such as adjustments to the interior or exterior doors, drawers, latches by way of example and not by limitation will be performed by your selling dealer during the first ninety(90)days of warranty coverage. Thereafter, such adjustments are the owner's exclusive responsibility as normal maintenance. HOW TO GET SERVICE: The"Acknowledgement of Receipt of Warranty/Product Information"form must be returned to Warrantor promptly upon purchase to assure proper part replacement and repair of your motorhome. Failure to return the"Acknowledgement of Receipt of Warranty/Product Information"form will not affect your rights under the Limited Warranty so long as you can furnish proof of purchase. For warranty service simply contact one of Warrantor's authorized service centers for an appointment,then deliver your motorhome(at your expense)to the service center. If you need assistance in locating an authorized warranty service facility, contact Warrantor's Warranty Department (877-855-2867). The mailing address is: P.O.Box 1486 Elkhart,Indiana 46515-1486 WHAT THE WARRANTY DOES NOT COVER: This Limited Warranty does not cover:any motorhome used for rental purposes and any motorhome sold or registered outside of the United States or Canada; items which are added or changed after the motorhome leaves Warrantor's possession; items that are working as designed but with which you are unhappy with because of the design; normal wear and usage, such as fading or discoloration of fabrics,or the effects of moisture inside the motorhome;defacing, scratching,dents and chips on any surface or fabric of the motorhome,not caused by Warrantor;owner maintenance, including by way of example replacement of wiper blades,bulbs,filters,wheel alignments and resealing exterior sealant areas (see Care and Maintenance Section of Owner's Manual); the automotive chassis and power train, including, by way of example the engine,drive-train,steering,ride and handling,braking,wheel balance,muffler,tire wear or failure, tubes, batteries and gauges;appliances and components covered by their own manufacturer's warranty including, by way of example the microwave, refrigerator, ice maker, stove, oven, generator, roof air conditioners, hydraulic jacks, VCR, television(s),water heater,furnace, stereo, radio, compact disc player,washer,dryer, inverter and cellular phone; or flaking, peeling and chips or other defects or damage in or to the exterior or finish caused by rocks or other road hazards,the environment including chemical off-gassing,airborne pollutants,salt,tree sap and hail causing any damage including but not limited to corrosion.Component part and appliance manufacturers issue limited warranties covering those portions of the motorhome not covered by the Limited Warranty issued by Warrantor.To learn more on what specific component parts and appliances are excluded from the Limited Warranty issued by Warrantor please contact 11 Warranty your selling dealership or Warrantor directly or review the warranty packet inside the Motorhome. EVENTS DISCHARGING WARRANTOR FROM OBLIGATION UNDER WARRANTY: • Misuse or neglect, accidents, unauthorized alteration, failure to provide reasonable and necessary maintenance (see Owner's Manual), damage caused by off road use, collision,fire,theft,vandalism, explosions, overloading in excess of rated capacities,and odometer tampering shall discharge Warrantor from any express or implied warranty obligation to repair any resulting defect. DISCLAIMER OF CONSEQUENTIAL AND INCIDENTAL DAMAGES: THE ORIGINAL PURCHASER OF THE MOTORHOME AND ANY PERSON TO WHOM THE MOTORHOME IS TRANSFERRED, AND ANY PERSON WHO IS AN INTENDED OR UNINTENDED USER OR BENEFICIARY OF THE MOTORHOME, SHALL NOT BE ENTITLED TO RECOVER FROM WARRANTOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM ANY DEFECT IN THE MOTORHOME, INCLUDING BY WAY OF EXAMPLE FUEL AND TRANSPORTATION EXPENSES TO DELIVER THE PRODUCTTO THE SERVICING DEALER,HOTEL ROOMS,LOST WAGES AND MOISTURE DAMAGE SUCH AS MOLD AND MILDEW.THE EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES SHALL BE DEEMED INDEPENDENT OF,AND SHALL SURVIVE, ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states do not allow the exclusion or limitation of consequential or incidental damages,so the above exclusions may not apply to you. LEGAL REMEDIES: THIS LIMITED WARRANTY DOES NOT"EXTEND TO FUTURE PERFORMANCE". ANY ACTION TO ENFORCE THIS LIMITED WARRANTY OR ANY IMPLIED WARRANTIES SHALL NOT BE COMMENCED MORE THAN 90 DAYS AFTER THE EXPIRATION OF THE WARRANTY COVERAGE PERIOD DESIGNATED ABOVE. IF YOUR MOTORHOME IS NOT OF THE CURRENT OR PRIOR MODEL YEAR WHEN YOU TAKE DELIVERY OF THE MOTORHOME OR YOU USE YOUR MOTORHOME FOR COMMERCIAL OR BUSINESS PURPOSES OTHERTHAN FOR RENTAL PURPOSES,ANY ACTION TO ENFORCETHIS LIMITED WARRANTY OR ANY IMPLIED WARRANTIES SHALL NOT BE COMMENCED MORE THAN ONE YEAR AFTER THE EXPIRATION OF THE WARRANTY COVERAGE PERIOD DESIGNATED ABOVE. UNLESS PROHIBITED BY STATE LAW,THE PERFORMANCE OF REPAIRS SHALL NOT SUSPEND THIS LIMITATIONS PERIOD FROM EXPIRING AND ANY LEGAL ACTION TO ENFORCE WARRANTY RIGHTS AGAINST WARRANTOR MUST BE BROUGHT WITHIN THE STATE OF INDIANA.Some states do not allow the reduction in the statute of limitations,so the above reduction in the statute of limitations may not apply to you. Warrantor participates in the Consumer Arbitration Program for Recreational Vehicles (CAP-RV) operated by DeMars & Associates.The CAP-RV program operates as a certified mechanism under the review of the California Arbitration Certification Program. You must utilize the arbitration program before claiming rights conferred by 15 USC section 2310 (Uniform Commercial Code)or Civil Code section 1793.22(b)(Tanner Act).You are not required to use the program if you choose to seek redress by pursuing rights and remedies not created by those laws. To find out more about the program or to request an application/brochure please call the Arbitration Administrator Office toll free(800)279-5343. Members of the Armed Forces who purchased the vehicle in California,or who were stationed in or a resident of California at the time of purchase (regardless of state of purchase) or who are stationed in California at the time of application to this program,may utilize the CAP-RV program. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS,WHICH VARY FROM STATETO STATE. Julian Date: 04/29/13 12 Warranty Thor Motor Coach reserves the right to make changes in Vehicles built and/or sold by PRODUCTION it at any time without incurring any obligations to make the same or similar changes on CHANGES Vehicles previously built and/or sold by Thor Motor Coach. As the proud owner of a Thor Motor Coach,you want to trust that your unit will continue OWNER to perform at its peak.To ensure this Thor Motor Coach has provided you this checklist of the responsibilities of the Thor Motor Coach owner. Please refer to the Maintenance RESPONSIBILITY Schedule to determine when your inspections should take place. Check both house batteries and chassis battery and tighten connections if necessary. BATTERIES Clean the terminals if necessary.Check to make sure that the batteries have the proper water levels in them,and fill if necessary. Check the charge and recharge if necessary. Keep connections clean and covered with a light coat of grease. There is a certain danger involved when working with s ¢f1 batteries.If you are unfamiliar with these dangers,contact a Thor Motor Coach dealer. Just like in your home, it is the owner's.responsibility to periodically check the BATTERY batteries in the smoke detector, propane detector and carbon monoxide detector when REPLACEMENT applicable. We recommend that you change the batteries every six months to ensure proper working order. The owner is responsible for checking to ensure that the vehicle has as little CONDENSATION condensation in it as possible.The condensation in a motorhome is much greater than in most houses because the insulated walls of the vehicle are much thinner than house walls, and the small size and tight construction of the vehicle allow a quick buildup of high moisture levels in the inside air. This can be reduced by always keeping the bathroom door closed and the window or vents open when bathing, and for a period of time when you have finished bathing or cooking, to allow for dissipation of all the moisture. Use your vent hood and fan when cooking. Don't hang wet clothes in your unit to dry. When left for prolonged periods of time, condensation can cause considerable damage to your vehicle. Most exterior parts of your motorhome are made of fiberglass,which is a very durable EXTERIOR/INTERIOR material, but not indestructible. Exposure to the elements can cause premature deterioration without routine maintenance, especially in hotter climates. The effects may be; fading, yellowing, or chalking, however these are surface cosmetic changes, which do not affect the strength of your unit. Simple maintenance through cleaning by washing and waxing will ensure lasting beauty. The same fading may occur to carpeting and upholstering. Be sure to keep your shades down in extremely sunny locations and maintain proper cleaning techniques for both carpet and upholstery. The front suspension and steering system of this vehicle was factory aligned using ALIGNMENT highly accurate equipment prior to delivery to the dealership. We recommend that the alignment is checked after you have fully loaded the motorhome according to your personal needs. If necessary, adjust alignment for the loaded motorhome. Thereafter, the alignment should be inspected yearly to help prevent uneven tire wear. Sanitize the fresh water system at least once per year or whenever the motorhome is POTABLE TANK unused for prolonged periods of time.This will help keep your water system fresh and discourage the growth of bacteria that can contaminate the water supply. Make sure that the tanks are properly treated with the right chemicals for disinfection. 13 Warranty . PROPER LOAD Your motorhome is built to withstand a certain maximum load. Check the amount listed BALANCE on the Federal Certification Label in the driver's area of your motorhome to determine safe load limits. NEVER OVERLOAD THE MOTORHOME. Reference pages 21, 23 and 24 for proper loading and weight distribution. - - SEALANTS Weatherproofing sealants are used around the doors, windows, vents, and joints during construction of your motorhome. These sealants are subject to deterioration from exposure, and must be checked periodically to assure the weatherproof integrity of your unit. If evidence of cracking or voids in the sealants is apparent, have your dealer reseal these areas. Proper sealant coverage should be checked and resealed at least once every six months. Please see Chapter 10 - "Care and Maintenance" for instructions on properly sealing the roof area. Failure or neglect of proper sealant maintenance could result in leakage, and may reduce or void your warranty protection. SERVICE CALLS It is important that the owner realize that Thor Motor Coach's Limited Warranty covers warrantable repairs that are performed by an authorized Thor Motor Coach dealer at their service center or facility only. If you are unable to bring your unit in for repairs, Thor Motor Coach is not responsible for the cost of the actual service call charged to come out to your unit. SLIDEOUT If your slide-out system becomes squeaky or makes any noises while operating, it is LUBRICATION permissible to apply a coat of lightweight oil to the drive shaft and roller areas located below the main floor. Remove any excess oil so dirt and debris cannot build up. STEP LUBRICATION To maintain the integrity of the retractable step in your motorhome, you must periodically inspect it for rust or damage, also see that it is lubricated to function safely and to ensure proper working order. TIRE PRESSURE The owner is responsible for maintaining proper tire pressure in the vehicle's tires. Check the tire specifications on the Federal Certification Label located in the driver's area for the proper pressure. You will ensure optimum driving standards by keeping your vehicle maintained. TRAVEL BARS Never forget to remove your travel bars from your slide-out prior to opening. Failure to do so could result in severe damage to yourself and/or your motorhome, which will not be covered under the Limited Warranty. WINDSHIELDS Your motorhome's windshield is not covered under the Limited Warranty. Items such as cracks, stone chips and holes are regarded as normal wear and tear, and will not be considered as a manufacturing defect. WINTERIZATION Please make sure that your vehicle is properly winterized before long periods of storage. To find a complete listing of the winterization procedures, refer to this manual's section called"Winterization Procedures". Failure to properly winterize your vehicle may result in damage to your motorhome which would not be covered under the Limited Warranty. 14 Warranty SUPPLIERS PROVIDING SEPARATE WARRANTIES The following list of components has been compiled to help you know which products on your motor home may have their own warranties. If you have any of these components on your motor home, be sure to check the literature supplied by the manufacturer to see if they require that you register your purchase with them to validate their warranty. We recommend that you send the various warranty registration cards immediately before any time constraints on registration expire. Manufacturer's literature is contained in a separate packet furnished with the owner's manual on newly delivered units. Only those products and options which are on your motor home will be included in this packet. You should go over this literature with your dealer during the pre-delivery inspection. Any shortages of literature should be reported to the dealer at that time Appliances Refrigerator Leveling Jacks Air Conditioner(Roof) Roof Vents Propane Awnings Water& Drainage Propane Gas Tank Back-up Monitor Toilet Regulator Central Vacuum Washer/Dryer Combo Electrical DVD Player Water Faucets Battery Fireplace Water Filter Converter Furnace Water Heater Electrical Entry Step Home Theater System Water Pump Generator Ice Maker Chassis GFCI Recepts Microwave Air Conditioner Inverter Radios Batteries Propane Gas Leak Detector . Range and Cooktop Cruise Control Allison Transmission 800-392-3673 Manchester Tank Thetford 800-524-2303 www.Ford.com 800-877-8265 800-521-3032 www.allisontransmission.com freightliner www.mantank.com www.thetford.com ASA Electronic% 800-385-4357 Michelin Thor Motor Coach Inc, 800-688-3135 www.freightlinerchassis.com 800-847-3435 (877)855-2867 www.asaelectronics.com Sffi www.michelin.com www.thormotorcoach.com Atwood Mobile Products.Inc, 800-353-3867 Mor/rvd% TriMark Corn, 800-825-4328 www.gmfleet.com 574-293-1581 800-431-8616 www.atwoodmobile.com Good Year www.morryde.com www.trlmarkcorp.com Caterpillar 800 321-2136 MTI Industries.I S, Velvac 877-777-3126 www.goodyear.com 800-383-0269 800-783-8871 www.cat.com Hehr international.Inc, www.mtiindustries.com www.velvac.com Cobra Electronics Coro, 574-935-5122 tiorcold Viracon 773-889-3087 www.hehr-international.com 800-543-1219 800-533-0482 www.cobra.com HWH Corporation www.norcold.com www.viracon-autoglass.com Cummins 800-494-3213 onan Visteon Corp, 800-343-7357 www.hwhcorp.com 800-888-6626 800-847-8366 www.mantank.com - Jgtel)Itec www.onan.com www.visteon.com Pometic 800-251-2408 Scone Technologies Winegard Co, 800-544-4881 www.intellitec.com 574-295-0229 800-288-8094 www.dometicusa.com SIB Enterprises www.scopetechnologies.com www.winegard.com Evans Temocon 800-250-7051 Select Comfort Workhorse 800-878-7147 www.kibenterprises.com 888-580-9237 800-877-294-6773 www.evansiempcon.com J(VH Industries.Inc. www.selectcomfort.com www.workhorse.com fantastic Vent 401-847-3327 Mani 800-521-0298• www.kvh.com 800-237-4277 www.fantasticvent.com Kwikee Products Co.Inc, www.sharpusa.com First Alert 800-736-9961 SHURflo.LLC 800-323-9005 www.kwikee.com 800-854-3218 www.firstalert.com IJooert Components www.shurflo.com flair Interior% 574-534-0001 Splendide 574-534-2163 www.lci1.com.com 800-356-0766 www.flairinteriors.com Magnum Enerav www.splendide.com fiexsteel industries 425-353-8833 TDI Products 574-831-4050 www.magnumenergy.com 866-713-1489 www.flexsteel.com www.tdiproducts.com Ford 15 PLAINTIFF'S EVIBIT dueller THE OUTDOOR STORE Buyer GLORIA J HASLUP i RETAIL INSTALLMENT CONTRACT BY CAMPING WORLD JAMES V HASLUP AND SECURITY AGREEMENT 1000 SANFORD RD N. 20 LINE DRIVE No. CHURCHVILLE NY 14428 GETTYSBURG, PA 17325 Date 11/30/12 'We°and"us"mean the Seller above,its 'You'and-your mean each Buyer above,and I successors and assigns. guarantor,jointly and individually. SALE: You acme to purchase from us, on a time basis, subject to the terms and conditions of this contract and security agreement (Contract), nd Motor Vehicle (Vehicle)and services described below.The Vehicle is sold in its present condition,together with the usual accessories Descriptionof Year 2013 VIN 1F66F5DY7D0A00009 Other. Motor Vehicle Make CHALLENGER Lic.No/Year Purchased Model 37GT aNew ❑Used CLASS A Description of 2013 DAYBREAK 34BD Trade-In SECURITY:To secure your payment and performance under the terms of this Contract,you give us a security interest in the Vehicle,all accessions,attachments,accessories,and equipment placed in or on the Vehicle,together called Property,and proceeds of the Property. You also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of$ 119390.15 ,plus credit service charges accruing on the unpaid balance at the rate of 4.7d %per year from today's date until maturity.Credit service charges accrue on a 365 day basis.After maturity,or after you default and we demand payment,we will earn finance charges on the unpaid balance at 4.74 %per year.You agree to pay this Contract according to the payment schedule and late charge provisions shown in the_TRUTH IN LENDING DISCLOSURES.You also agree to pay any additional amounts according to the terms and conditions of this Contract. ❑If checked,you a me m o educ ii g the acquisition obit of MO'before you prepay tlnis Conra'cliiTuWW Tire• acquisition fee of$15.00 may be co idered a prepayment penalty for purposes of Federal Truth In Lending Law disclosures even B�New York law does not label it as a penalty. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The amount of credit The amountyou will have The total cost of your purchase on The cost of your credit as The dollar amount the Provided to you or on paid when have made =at.including you down payment of a yearly rate. credit will cost you. your behalf. d schedm�ed payments. A 'A % $ AR All n� $ 21069.85 $11 9390.9 5 $ 1850] 1.�0 $ 206081.05 Payment Schedule:Your payment schedule w ill be Number of Payments Amount of Payments When Payments Are Due MONTHLY, BEGINNING 12/30/12 240 770.88 AND EACH MONTH THEREAFTER UNTIL PAID IN FULL Security: You are giving a security interest in the Motor Vehicle purchased. a Late Charge:If a payment is more than 10 days late,you will be charged A LATE CHARGE OF 50 OF THE - Prepayment:If you pay off this Contract early,you • may kQ will not have to pay a penalty. Contract Provisions: You can see the terms of this Contra for additional information about nonpayment,default,any required repayment before the scheduled date,and prepayment refunds and ' CREDIT INSURANCE: Credit life, credit disability (accident and ITEMIZATION OF AMOUNT FINANCED health), and any other insurance coverage quoted below, are not Vie p (end,sales tax of$ 1770.00)$ 110270.04 required to obtain credit and we will not provide them unless you sign � �Paid 170: USP CORP '$ N/A and agree to pay the additional premium.If you want such insurance, we will obtain it for you(if you qualify for coverage).We are quoting N YS TIRE MGT PEE $ 15.00 below ONLY the coverages you have chosen to purchase. Amount to Finance line e.(if e.is negative) $ _ .-.Credtt-Lite:insured N/A -- -cash gale P.rlce_L_ Ion?RC nn-_.- ❑Single ❑Joint Preen$ Term Manufacturer's Rebate $ -0- Credit Disability:Insured N/A Cash Down Payment $ 20 0 n 0 n 0 ❑Single ❑Joint Preen$ Term Deferred Down Payment$ -0- a. Total Cash/Rebate Down $ ?noon en You signature below means you want(only)the insurance coverage(s) b. Trade-In Allowance S 109000 nn quoted above.If none are quoted,you have declined any coverages we c. Less:Amount owing $ A 7 Q 1 n 1 5 offered. N/A N/A Paid to: Buyer d/e/b Buyer dlo/b d. Net Trade-In(b.minus c.) $ 106 Q A S PROPERTY INSURANCE:You must insure the Property securing e. Net Cash/Trade-In(a.plus d.) S '71 n 6Q A this Contract You may purchase or provide the insurance through Down Payment(e.:disclose as$0 if negative) $ ?1 n 6 Q R 5 any insurance company reasonably acceptable to us.The collision Unpaid Balance of Cash Sale Price $ 11 Q215 1 5 coverage deductible may not exceed $ .If you Paid to Public Officials-Filing Fees $ -0- get insurance from or through us you will pay$ Insurance Premiums* $ -n- for of coverage. GAP Waiver Paid to Seiler $ -n- This premium is calculated as follows: To DOC 8,- L I C FEES $ 17 5 nn ❑$ Deductible,Collision Coverage $ To: $ N/A ❑$ Deductible,Comprehensive Cov.$ To: $ NIA ❑Bre-Theft and Combined Additional Coverage $ To: $ N/A n s • ..e.a f 4..»/•.n«.m/e..,......+n 0.1 I Mhos C 1 1 G A A • A IA %IS ARail nc J$119390.15_ 1$ 185011.20 1$ x06081.05 Payment Schedule:Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due I MONTHLY, BEGINNING 12/30/12 240 770.88 AND EACH MONTH THEREAFTER UNTIL PAID IN FULL liaSecurity: You are giving a security interest in the Motor Vehicle purchased. Late Charge:If a payment is more than 10 days late,you will be charged AL gsHARGB--OP 5$ c'v THR UNPAID AMOUNT OF THE FLYMEN�DUE. . Prepayment:if you pay off this Contract early,you may xtx1will not have to pay a penalty. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default,any required repayment before the scheduled date,and prepayment refunds and perhaitles CREDIT INSURANCE: Credit fife. credit disability (accident and ITEMIZATION OF AMOUNT FINANCED health), and any other insurance coverage quoted below, are not Vehicle Price(md.sales tax of$ 1770.00)$.440.2.747-00. required to obtain credit and we will not provide them unless you sign Service Contract,Paid to • and agree to pay the additional premium. If you want such insurance, • UEP CCP,P $ N/A we will obtain it for you (if you qualify for coverage).We are quoting NY S TIRE HOT FEE $ 15.00 below ONLY the coverages you have chosen to purchase. Amount to Finance line e.(If e.Is negative) $ ____Credit UtJn used N/A _ _tom Sate.pricgt.$. 1 4n 9R c nn .-.- ❑Single ❑Joint Prem.$ Term Manufacturer's Rebate $ -0- Credit Disability:Insured N/A Cash Down Payment $ 20000 00 ❑Single 0 Joint Prem.S Tenn Deferred Down Payment $ -0- a. Total Cash/Rebate Down $ 9 n n n n Q j1 Your signature below means you want(only)the insurance coverage(s) b. Trade-In Allowance $1 nfan nn 00 g above.If none are quoted,you have declined any coverages we offered.ed :Amount owing $ 107430 15 N/A N/A Paid to: Buyer d/o/b Buyer dlolb d. Net Trade-In(b.minus c.) $ 10 6° 85 PROPERTY INSURANCE:You must insure the Property securing e. Net Cash/Trade-In(a.plus d.) $ 21064 R c this Contract. You may purchase or provide the insurance through Down Payment(e.;disclose as$0 If negative) $ 91069 R5 any insurance company reasonably acceptable to us. The collision Unpaid Balance of Cash Sale Price $ 11421615 coverage deductible may not exceed $ .If you Paid to Public Officials-Filing Fees $ -n- get insurance from or through o;, i(nq.will pay$ Insurance Premiums* $ --n- for . . of coverage. GAP Waiver Paid to Seller $ -n- This premium is calculated as follows: To: DOC & L I C FEES $ 1 7 5_n Q O 5 Deductible,Collision C..-:raze $ To: $ NJ A ❑$ Deductible,Comprehensive Cov.$ To: $ N/A ❑Fire-Theft and Combined Additional Coverage $ To: $ N/A ❑ $ Total Other Charges/Amounts Pd.to Others $ 175 n Q Liability insurance coverage for bodily injury and motor Less:Prepaid Finance Charges $ -A- vehiele damage caused to others is not included In this Amount Financed $ 114440- 1 Contract unless checked and Indicated. we may retain or receive a portion of this amount. ❑GAP AMOUNT:M the event of a total loss of the Properly due to its theft,confiscation,or physical damage,you agree that will pay the NOTICE TO BUYER difference between the amount of insurance Proceeds and amount y011 (1)Do not sign this agreement before you read it or if still owe us(GAP Amount).We am required by state law to offer you a waiver of our tight i<contains an to hold you responsible for the GAP Amount in the event y blank spaces.(2)You are entitled to a of a total loss of the Property caused_by theft or physical damage.We am completely filled-in copy of this agreement.(3)Under d allowed to charge a lee for Ode GAP Waiver.You may also be able to on the law, you have the right to pay off In advance the r own and at r expense, purchase insurance covering the GAP full amount due and under certain conditions to au>t loe provided to you separately. obtain a partial refund of the credit service charge. FEDERAL GAP DISCLOSURE: A GAP Waiver is not required to (4) According to law you have the privilege of obtain credit and we well not provide it unless you sign and agree to pay purchasing the Insurance on the motor vehicle the additional cost.If you purchase a GAP Waiver from us you will pay provided for in this contract from an agent or broker $ -0- for the term of this Contract of your own selection. I want the optional GAP Waiver at the stated cost. BY SIGNING BELOW BUYER AGREES TO THE TERMS Buyer Buyer ON PAGES 1 AND 2 OF THIS CONTRACT ❑SEAViCE CONTRACT:VrM your purchase of the Vehicle,you agree AND ACKNOWLEDGES RECEIPT OF A COPY OF to purchase a Service Contract to cover THIS RETAIL INSTALLMENT CONTRACT. This Service Contract will be in effect for . Buyer: A ASSIGNMENT:This Contract and Security Agreement is �,t ' 44.e t . , ?J'tip '-4/� 11/30/12 to BA NY CIF' TNR Wit RI' 9 Signtliture ,9 :./ Date the Assignee,phone 1-R n ft-TN R-B R Aphis assignment is made J XLR]under the terms of a separate agr@ement. 0 under the terms of i l - / ," 7 11/30/12 the ASSIGNMEl1Ff,BYSELLER on page`2.0 This assignment made ,':,...:,...1...,- `�* Date with recourse? , �J 'r Seller.By -t.{+• , `" •,. •: Date t!i" "?L•70'.. Seller:By,./ , Sri. . -- -:-Z_."". NEW YORK RETAIL INST AND SECURITY AGREEMENT (page r ell) es0Adio 0 1982,1885 hankers Sy *ms,me.,St paid,WI Form RSStMV-Nry W15Q001 MOTOR VEHICLE—NOT FOR MANUFACTURED HOMES 4 GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717-657-3747 CUSTOMER WORK ORDER # HAR*192111 WO Date: 10 JAN 13 - - First Name: GLORIA J - Tag#: Customer Name: 1143411 - HASLUP, GLOR Author: BRIAN.KREIDER Address: 20 LINE DRIVE Stock No: 327626 : GETTYSBURG, PA Year: 2013 Postal/Zip: 17325 Manufacturer: THOR MOTOR COACH Phone# (res) : 443-618-9967 Brand: CHALLENGER Phone# (bus) : Model : 37GT Cell Phone: 443-618-9967 Length: 37 ' 0" ExtW Co: Serial#: CHD37GT0107873 ExtW No: Chassis#: 1F66F5DY7D0A00009 Email: Miles/Hrs: 1100 NextAction Date: 25 JAN 13 Purchased Date: 30 OCT 12 Completed Date: 24 JAN 13 Warranty Date: 30 NOV 12 Invoice#: 912864 Date In: 10 JAN 13 ****************************************************************************** Job # Description JOB INFORMATION ******************************.************************************************ INS2 COMPLAINT: PA STATE INSPECTION-MOTOR HOMES CORRECTION: LF AND RR BRAKES ARE 14B AND TIRES ARE 12/32 STICKER#AI2-9618315 EXP 1/14 1 COMPLAINT: C/S THAT THE SUNSHADE DOES NOT GO UP CORRECTION: SUNSHADES WERE GOING TO FAR THEY NEEDED TO BE ADJUSTED ASKING FOR .4 2 COMPLAINT: C/S THAT THE DASH AIR VENT FELL INTO THE DASH CAUSE: THE VENT WENT DOWN INTO THE HOSE, PULLED HOSE OFF OF BOX AND REATTACHED VENT ASKING FOR .3 3 COMPLAINT: C/S THAT THE SEAL AROUND THE OUTSIDE TV IS BAD CAUSE: THE SEAL AROUND THE TV COMPARTMENT ON THE OUTSIDE IS PULLING OFF IT NEEDS A NEW SEAL ASKING FOR 1 HOUR TO REMOVE SEAL CLEAN AND REINSTALL A NEW SEAL CORRECTION: REQ REC'D 1. 10 / ORDERD 1. 11 (EK) PARTS REC'D 1/15/13 4 COMPLAINT: C/S THAT WHEN THEY OPENED THE WET BAR DOOR THAT THE SHOCK PULLED OUT OF THE FRAME CAUSE: THE SCREW HEADS BROKE OFF NEED TO DRILL OUT HEADS AND REINSTALL NEW SCREWS AND REINSTALL SHOCK Continued on page 2 PAGE 2 Work Order : HAR*192111 WARR JOB 1 - .3 JOB 2 - . 3 JOB 3 - .4 AUTH#PA070505 1/10 JOB 4 - . 5 AUTH#PA070510 1/10 ****************************************************************************** Part No Job# Description PARTS Qty Price Total ****************************************************************************** 0246261 3 D SEAL 12 . 00 W -N/C- ****************************************************************************** Lab Code Job# Description LABOUR Total ****************************************************************************** INS2 INS2 PA STATE INSPECTION MH MB 68 .00 N 1 SUNSHADE MB W -N/C- N 2 DASH AIR VENT MB W -N/C- N 3 MB W -N/C- N 4 WET BAY DOOR MB W -N/C- ****************************************************************************** Excode Job# Description EXTRAS ' Qty Price Total ****************************************************************************** PASTK INS2 PA STATE INPECTION STICKER 1 . 00 2 . 00 2 . 00 SSU INS2 SHOP SUPPLIES (EXT) 1. 00 6 . 80 6 . 80 Parts Total : 0. 00 Labour Total : 68 . 00 Sublet Total: 0 . 00 Extras Total: 8 .80 Tax Total: 4 . 61 Work Order Total : 81.41 Customer Signature: Date: 16 AUG 2013 DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT REPAIR COMPLETION DATE OWNER NOTIFIED OF COMPLETION © TIME DATE DATE RELEASED/COLLECTED I/WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I/WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I/WE HAVE INSPECTED MY/OUR VEHICLE AND HAVE EXAMINED THE WORK DONE. I/WE CONFIRM • THAT THE WORK HAS BEEN COMPLETED TO MY/OUR SATISFACTION. Continued on page 3 $ GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717-657-3747 CUSTOMER WORK ORDER # HAR*193879 WO Date: 15 APR 13 First Name: GLORIA J Tag#: 6718 Customer Name: 1143411 - HASLUP, GLOR Author: BRIAN.KREIDER Address : 20 LINE DRIVE Stock No: 327626 : GETTYSBURG, PA Year: 2013 Postal/Zip: 17325 Manufacturer: THOR MOTOR COACH Phone# (res) : 443-618-9967 Brand: CHALLENGER Phone# (bus) : Model: 37GT Cell Phone: 443-618-9967 • Length: 37 ' 0" ExtW Co: Serial#: CHD37GT0107873 ExtW No: Chassis#: 1F66F5DY7D0A00009 Email : Miles/Hrs: 848 NextAction Date: 26 APR 13 Purchased Date: 30 OCT 12 Completed Date: 19 APR 13 Warranty Date:. 30 NOV 12 Invoice#: Date In: 15 APR 13 ****************************************************************************** Job # Description JOB INFORMATION ****************************************************************************** 1 COMPLAINT: C/S THAT THERE ARE 4 OR 5 ELECTRICAL OUTLET THAT DO NOT WORK, THE TVS DO NOT WORK CORRECTION: FOUND THAT THERE IS A CONVERTER UNDER THE BED THAT HAD A TRIPPED BREAKER RESET THE BREAKER HAD TO TEAR THE BED APART TO FIND IT 4/16/13 CORRECTION ON REPAIR IT IS THE INVERTER THAT WAS LOCATED UNDER THE BED AND THE TECHNICIAN AND THE SERVICE MANAGER SPENT AN HOUR TRYING TCORRECT THE ISSUE AND THAT IS WHEN THE FOUND THE RESET BUTTON LOCATED ON TOP OF THE INVERTER•. THE CUSTOMER WAS NOT EVEN AWARE HE HAD AN INVETER THERE WE ARE ASKING FOR AN ADDITIONAL HOUR AS WE HAD TO SPEND TIME TO LOCATE THIS 2 COMPLAINT: C/S THAT TNEITHER SHADE AT THE DRIVERS WINDSHIELD DO NOT WORK CORRECTION: RESET THE SHADES 3 COMPLAINT: THAT THE DASH LIGHT OVER THE DRIVERS EAT DOES NOT WORK CORRECTION: LIGHT WORKS WITH HEADLIGHT DOME SWITCH 4 COMPLAINT: C/S THAT THE TOILET WILL NOT FLUSH THE VALVE THAT GOES TO THE BACK IS BROKEN CORRECTION: ORDERED THE TOLIET SWITCH PART REC'D 4 . 18 (EK) Continued on page 2 PAGE 2 Work Order : HAR*193879 REPLACED VALVE 5 C/S THAT THE DRIVERS SIDE WIPER BLADE DOES NOT GO ALL THE WAY OVER 6 COMPLAINT: C/S THAT THE RECLINER DOES NOT COME OUT RIGHT YOU HAVE TO PLAY WITH THE HANDLE TO GET IT TO COME OUT CORRECTION: NO PROBLEM FOUND 7 COMPLAINT: C/S THAT THE LEVELING SYSTEM DOES NOT WORK CORRECTION: RESET THE LEVELING SYSTEM 8 COMPLAINT: C/S THAT THE DOOR SHOCK IS LEAKING CORRECTION:. DOOR SHOCK IS LEAKING HAD TO REPLACE THE SHOCK WARR COMPLAINT: JOB 1 - . 2+. 5=.7TOTAL PA077496 JOB 2 - . 2 JOB 3 , 5, 6 - NPF NOT COVERED JOB 7 - . 3 • JOB 8 - . 2 AUTH#PA077402 4/16 CAUSE: JOB 4 - . 5 FROM DOMETIC - THEY ARE SENDING PART ****************************************************************************** Part No Job# Description PARTS Qty Price Total ****************************************************************************** 385311641 4 TOILET VALUE 1 . 00 W -N/C- CW49805 8 GAS PROP 20 INCH 40LBS 1 . 00 W -N/C- ****************************************************************************** Lab Code Job# Description LABOUR Total **************************..**************************************************** DIAG 1 DIAG TIME SH W -N/C- N 2 SHADES RESET SH W -N/C- DIAG 4 DIAG TIME SH W -N/C- N 4 MB W -N/C- N 7 LEVELING JACKS SH W -N/C- N 8 DOOR SHOCK SH W -N/C- • Parts Total: 0 . 00 Labour Total : 0 . 00 Sublet Total: 0 . 00 Extras Total: 0 .00 Work Order Total: 0 .00 Customer Signature: Date: 16 AUG 2013 DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT REPAIR COMPLETION DATE Continued on page 3 PAGE 3 Work Order : HAR*193879 OWNER NOTIFIED OF COMPLETION @ TIME DATE DATE RELEASED/COLLECTED I/WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I/WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I/WE HAVE INSPECTED MY/OUR .VEHICLE AND HAVE EXAMINED THE WORK DONE. I/WE CONFIRM THAT THE WORK HAS BEEN COMPLETED TO MY/OUR SATISFACTION. SIGNATURE OF OWNER • $ GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717-657-3747 CUSTOMER WORK ORDER # HAR*193991 WO Date: 18 APR 13 First Name: GLORIA J Tag#: Customer Name: 1143411 - HASLUP, GLOR Author: BRIAN.KREIDER Address : 20 LINE DRIVE Stock No: 327626 : GETTYSBURG, PA Year: 2013 Postal/Zip: 17325 Manufacturer: THOR MOTOR COACH Phone# (res) : 443-618-9967 Brand: CHALLENGER Phone# (bus) : Model: 37GT Cell Phone: 443-618-9967 Length: 37 '0" ExtW Co: Serial#: CHD37GT0107873 ExtW No: Chassis#: 1F66F5DY7DOA00009 Email: Miles/Hrs: 848 NextAction Date: 19 JUN 13 Purchased Date: 30 OCT 12 Completed Date: 18 JUN 13 Warranty Date: 30 NOV 12 Invoice# : Date In: 18 APR 13 ****************************************************************************** Job # Description JOB INFORMATION ****************************************************************************** • 1 COMPLAINT: C/S THAT THE JACKS ARE BENT CAUSE: THE JACK BRACKETS ARE BENT ON BOTH SIDES AS PER BRIAN Q4/18/13BK WE NEED TO REPLACE BOTH JACK BRACKETS IN THE FRONT ASKING FOR 1.75 HOURS EACH WHEN THE JACKS ARE DOWN THE RV LEANS TO THE RIGHT THE JACK BRACKETS ARE BENT AND NEEDS REPLACED PICTURES WERE TAKEN ON JASMINES CAMERA BY BRIAN Q CORRECTION: REQ REC'D 4 .25 / ORDERED 4 .26 (EK) PART REC'D 4/30/13 MWP R&R THE JACK BRACKETS THEY ARE DONE 5/13/13BK WARR COMPLAINT: JOB 1 - 3 . 5 4/25 AUTH#PA077748 • CAUSE: JOB 2 - .2 JOB 3 - . 1 JOB 4 - . 6 JOB 5 - .3 JOB •6 - . 3 JOB 7 - .3 JOB 8 - . 3 JOB 9 - NPF AUTH#PA079914 5/16 CORRECTION: ADDITIONAL 5 . 0 FOR JOB 8 . AUTH#PA081791 2 COMPLAINT: C/S THAT THE OUT LET. IN THE KITCHEN IS ONLY BEING HELD IN BUY ONE SCREW THE BOTTON SCREW IS NOT OGING INTO ANYHTING Continued on page 2 • PAGE 2 Work Order : HAR*193991 CORRECTION: I RESCREWED THE OUTLET IN THE KITCHEN 5/13/13BK 3 COMPLAINT: C/S THAT THE HEAT VENT IN THE BATHROOM BY THE TOILET THE SCREWS ARE NOT CATCHING INTO ANYTHING CORRECTION: I RESCREWED THE VENT IN THE BATHROOM 5/13/13BK 4 COMPLAINT: C/S THAT THE TV. IN THE LIVING ROOM DOES NOT COME IN CLEAR WITH THE DVD PLAYER PLAYING BUT THE OTHER TVS DO CAUSE: CABLES WERE BAD CORRECTION: REPLACED THE RCA CBLES IT IS NOW WORKING 5 COMPLAINT: C/S. THAT THE SUNSCREEN IN THE FRONT COMES OUT OF THE TRACK ON THE LEFT SIDE CORRECTION: I RESECURED THE AWNING 6 COMPLAINT: C/S THAT THE AWNING LEAKS ON THE TOP ABOUT SIX FOOT IN FROM THE REAR CAUSE: THE AWNING RAIL WAS LEAKING CORRECTION: I RESEALED THE AWNING 7 COMPLAINT: C/S THAT THE SHOWER LEAKS SEE BLUE TAPE CAUSE: HAD THE WATER HOOKED UP AND NOTICED IT WAS LEAKING AROUND THE SURROUND. I RESEALED AROUND THE SHOWER CORRECTION: I RESEASLED AROUND THE SHOWERS/13/13BK 8 COMPLAINT: C/S THAT THE TRIM UNDER THE BATHROOM SINK IS PEELING CAUSE: THE TRIM NEEDS REPLACED 5/23/13 STARTED TO REPLACE TRIM AND FOUND THAT THE FACTORY HAD SENT THE INCORRECT TRIM5/23/13BK IN ORDER TO REPLACE THE TRIM AT THE BOTTOM OF THE SINK THE WHOLE SINK AND BASE HAD TO DISASSEMBLED TO DO SO. ONCE THE TRIM AT THE BOTTOM WAS REPLACED THE WHOLE SINK FAUCET AND ALL HAD TO BE REASSEMBLED 6/5/13BK CORRECTION: REQ RECD 5 . 16 / ORDERED 5 . 16 (EK) STILE REC 5/22/13 SEW 9 COMPLAINT: C/S THAT THE DOOR IS HARD TO CLOSE TO STRONG OF A SHOCK CORRECTION: NO CORRECTION AT THIS TIME A NEW SHOCK WAS INSTALLED AND IT JUST NEEDS TO BE BROKEN IN NOTE CALLED THE HASLUPS TO LET. THEM KNOW WE ARE AWAITNG A PART FROM THOR 5/29/13BK NOTE CHECKED WITH WARRANTY TO FOLLOW UP ON WARRANTY 6/14/13BK NOTE CHECKED WITH WARRANTY ON 6/18/13 NO UPDATES YET 6/18/13BK Continued on page 3 PAGE 3 Work Order : HAR*193991 ****************************************************************************** Part No Job# Description.. PARTS Qty Price Total ****************************************************************************** 0232385 1 FRONT MNT BRACKET FOR JACK 2 . 00 W -N/C- 15597 4 6 ' A/V CABLE 1. 00 W -N/C- 19512 8 STILE, 3/4X4"VINTAGE MAPLE 1. 00 W -N/C- 19774 8 3/4 " STILE 1 . 00 W -N/C- ****************************************************************************** Lab Code Job# Description LABOUR Total ****************************************************************************** N 1 JACK BRACKETS MB W -N/C- . N 2 MB W -N/C- N 3 MB W -N/C- N .4 MB W . -N/C- N 5 . MB W -N/C- N 6 MB W -N/C- N 7 MB W -N/C- N 8 MB W -N/C- N 8 • MB W -N/C- N 8 REBUILD CABINET MB W -N/C- ****************************************************************************** Excode Job# Description EXTRAS Qty Price Total ****************************************************************************** FRT 1 JACK BRACKET 1 . 00 W -N/C- SS2 9 SHOP SUPPLIES 1. 00 0 . 00 0. 00 FRT 8 FREIGHT (EXT) 1 . 00 . W -N/C- • Parts Total: 0 . 00 Labour Total: 0 . 00 Sublet Total: 0. 00 Extras Total: 0. 00 Work Order Total: 0 . 00 Customer Signature: Date: 16 AUG 2013 DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT REPAIR COMPLETION DATE OWNER NOTIFIED OF COMPLETION O TIME DATE . DATE RELEASED/COLLECTED I/WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I/WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I/WE HAVE INSPECTED MY/OUR VEHICLE AND HAVE EXAMINED THE WORK DONE. I/WE CONFIRM Continued on page 4 PAGE 4 Work Order : HAR*193991 THAT THE WORK HAS BEEN COMPLETED TO MY/OUR SATISFACTION. SIGNATURE OF OWNER GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US • 17112 717-657-3747 • CUSTOMER WORK ORDER # 196983 • WO Date: 01 AUG 13 First Name: GLORIA J Tag#: 7096 Customer Name: 1143411 - HASLUP, GLOR Author: SSTOUGH Address: 20 LINE DRIVE Stock No: 327626 : GETTYSBURG, PA Year: 2013 Postal/Zip: 17325 Manufacturer: THOR MOTOR COACH Phone# (res) : 443-618-9967 Brand: CHALLENGER Phone# (bus) : Model : 37GT Cell Phone: 443-618-9967 Length: 37 ' 0" ExtW Co: Serial#: CHD37GT0107873 ExtW No: Chassis#: 1F66F5DY7DOA00009 Email : Miles/Hrs: 2297 NextAction Date: 16 AUG 13 Purchased Date: 30 OCT 12 Completed Date: Warranty Date: 30 NOV 12 Invoice#: Date In: 01 AUG 13 ****************************************************************************** Job # Description JOB INFORMATION ****************************************************************************** 1 COMPLAINT: C/S REAR AC UNIT IS NOISEY i) stand inside and let it run, it rattles, sound like wood or a loose piece CAUSE: TECH FOUND LOOSE FOIL TAPE CORRECTION: SECURED TAPE AND VERIFIED NO MORE RATTLE 2 COMPLAINT: C/S CENTER ROOF AC FREEZES AND BLOWS HOT AIR i) need amp draw CAUSE: FOUND POOR INSTALL OF FREEZE SENSOR CORRECTION: INSTALLED SENSOR CORRECTLY & OPERATED , WILL RUN OVER NITE TO VERIFY 3 COMPLAINT: C/S DASH AC FREEZES UP i) after driving 10 miles ac blows warm expansion valve freezes up, drain hose constantly running water out of it CAUSE: OVERCHARGED AC SYSTEM, SYSTEM SPEC IS 1LB . 75 OUNCES, PERFORMED AC CHECK, SYSTEM HAD 2LB 6 OZ 'S, OUTSIDE TEMP WAS 80 DEGREES CORRECTION: EVACUATED SYSTEM, FILLED 1LB . 75 OUNCES, VERIFIED 42 DEGREES THRU THE VENTS. ON 8/15/13 IN THE AFTERNOON HAD TJ DRIVE THE VEHICLE FOR APPR. 20 MINUTES Continued on page 2 • PAGE 2 Work Order : 196983 HE CAME BACK AND SAID THE DASH A/C IS WOKRING JUST FINE 8/15/13BK CALLED CUSTOMER TO LET HIM KNOW 4 COMPLAINT: C/S THE WINDSHIELD ON THE DRIVERS SIDE TOP CORNER HAS POPPED CORRECTION: HAD GLASS COMPANY COME OT FIX 5 COMPLAINT: C/S WITH FANTASTIC FANS ON AND BLACK TANK VALVES OPEN THERES A HORRIBLE ODOR THAT COMES THRU THE COACH i) customer thinks there ' s shouldn' t be an odor regardless, is there a leak CORRECTION: TECH FOUND NO WATER IN THE BOWL, CHECKED VENTS FOR OBSTRUCTION BUT ARE CLEAR, SCREWED DRAIN CAP TIGHTLY ON WASHER AND DRYER 6 COMPLAINT: C/S ENTRY DOOR is really hard to close i) replace door strut with a lighter strut CAUSE: DOOR IS EQUIPPED WITH A 20" 40 POUND STRUT, WILL SUBMIT FOR A LIGHTER STRUT 30 OR 25 OR 20 NOTE Called for windshield to be inspected by sublet company on monday 8/12 & called the customer about the issues with the motor home. ****************************************************************************** Lab Code Job# Description LABOUR Total ****************************************************************************** RV14CII 1 AC REPAIR CS W -N/C- RV14CII 2 CK AC FREEZE CS W -N/C- SP36549 5 CK LINES 5 & 6 CS 39.90 RV13BII 3 AC EVACUATE/RECHARGE MB W -N/C- Parts Total: 0.00 Labour Total: 39.90 Sublet Total: 0 .00 Extras Total: 0 .00 Tax Total: 2 .39 Work Order Total: 42 .29 Customer Signature: Date: 16 AUG 2013 DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT Continued on page 3 PAGE 3 Work Order : 196983 REPAIR COMPLETION DATE OWNER NOTIFIED OF COMPLETION © TIME DATE DATE RELEASED/COLLECTED I/WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I/WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I/WE HAVE INSPECTED MY/OUR VEHICLE AND HAVE EXAMINED THE WORK DONE. I/WE CONFIRM THAT THE WORK HAS BEEN COMPLETED TO MY/OUR SATISFACTION. SIGNATURE OF OWNER N.c V lit L 1 I.)V V. ?OO • GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717-657-3747 CUSTOMER WORK ORDER # 197922 WO Date : 10 SEP 13 First Name: GLORIA J Tag# : 7255 Customer Name: 1143411 - HASLUP, CLOR Author: SSTOUGH Address: 20 LINE DRIVE Stock No: 327626 : C-ETTYSBURG, PA Year : 2013 Postal/Zip: 17325 Manufacturer : THOR MOTOR COACH Phone# (res) : 443-618-9967 Brand: CHALLENGER Phone# (bus) : Model: 37GT Cell Phone : 443-618-9967 Length: 37 ' 0° ExtW Co : Serial#: CHD37GT0107873 ExtW No: Chassis#: 1F66F5DY7D0A00009 Email : Miles/Hrs : 1575 Promised Date: 16 OCT 13 Purchased Date : 30 OCT 12 Completed Date: 16 OCT 13 Warranty Date : 3C NOV 12 Invoice#: Date In: 10 SEP 13 ****************** *********************************************************** Job # Description JOB INFORMATION ************************************************.************,r***************** 1 COMPLAINT: C/S THAT THE DASH A/C IS STILL NOT WORKING, ONCE THE VEHICLE IS DRIVING AT 60 MPH THAT IT WILL BLOW WARM AIR NOT COLD , SINCE WE HAVE TRIED TOO FIX THE PROBLEM BEFORE I HAVE RECOMMENDED THAT THE CUSTOMER TO TAKE THE RV TO A FORD DEALER SINCE IT IS A CHASSIS ISSUE. THE CUSTOMER HAS REFUSED TO DO THIS AND IS TELLING US TO TAKE IT TO A FORD DEALER. IF THERE IS AN ISSUE THEY WILL SUBMIT IT TO FORD FOR WARRANTY COVERAGE IF THERE IS NO PROBLEM FOUND THEN THE CUSTOMER WILL BE RESPONSIBLE FOR ANY INCURRED FEES i) tech is auth'd to r&r ac dryer and charge for 2 . 0 hours 1 CAUSE: I VACUUMED THE A/C IT HAS 1. 75 POUNDS IN IT IT IS NOT LEAKING BUT THE DRYER IS CLOGGED IT NEEDS A NEW A/C DRYER 1 CORRECTION: PARTS REC'D 10 . 9 (ER) R&R AC DRYER, ADDED NEW FREON AND VERIFIED REPAIR 2 COMPLAINT: C/S THAT THE ROOF A/C ARE NOT COOLING • PROPERLY, WE WILL TURN THE A/CS ON AND WE WILL PUT A THERMOSTAT IN THE A/C UNITS AND IN SOME VARIOUS DUCTS TO GET Continued on page 2 uct i i i uo:aua p.,) , PAGE 2 Work Order : 197922 A READING. IF THE READINGS ARE WITHIN THE A/C AND FACTORY SPECS THE CUSTOMER IS RESPONSIBLE FOR THE TECHS TIME I AM ALLOWING THE TECH . 5 TO GET THE A/C ON AND TO ALLOW THE A/CS TO RUN TO GET TO TEMP. 2 CAUSE: I CHECKED BOTH A/CS AND THEY ARE WORKING GOOD, IT HAS A 4 AMP DRAW, THE THERMOSTAT HAS 12 DC VOLTS AND 120 A/C VOLTS THE CONTROL BOARD HAS 12 DC VOLTS AND 110 AC VOLTS THE COLD CONTROL OUTSIDE 70 DEGREES OUTSIDE OF A/C 48 DEGREES INSIDE 3 COMPLAINT: C/S THAT THERE IS A WATER LEAK IN THE BATHROOM FROM UNDER THE RIGHT SIDE VANITY SEE TAPE 3 CAUSE: THE PAN DRAIN WHERE THE LEAK IS AT IT THE COUPLING UNDERNEATH WAS LOOSE TIGHTENED THE COUPLING AND CHECKED FOR LEAKS NO LEAKS 4 COMPLAINT: C/S THAT THE PASSNEGER SEAT RELEASES VERY HARD 4 CAUSE: THE SPRINGS ARE VERY HARD I LUBED THE SPRINGS AND TOOK A PHOTO THERE WAS ALSO PAINT ON THE SPRINGS MAKING THEM WORK HARDER 5 COMPLAINT: C/S THAT THE DRIVERS SIDE SLIDE OUT HAS SCREWS COMING OUT FROM THE INSIDE SEE TPE, IT IS ALSO LEAKING AT THE BOTTOM 5 CAUSE: THE SCREWS WERE BACKED OUT OF THE MOLDING PUT IN NEW SCREWS 6 COMPLAINT: C/S THAT THE COUNTER TOP IS NOT LEVEL SEE TAPE 6 CAUSE: NO ISSUE FOUND 7 COMPLAINT: C/S THAT THE RECLINER SOMETIMES WORKS SOMETIMES IT DOES NOT 7 CAUSE: THE RECLINER WAS WORKING FINE FOR ME, I DID NOT FIND NOTHING WRONG 8 COMPLAINT: C/S THAT WATER IS COMING INSIDE AN OUTSIDE COMPARTMENT DOOR ON THE DRIVERS SIDE SEE TAPE 8 CAUSE: THE REFRIGERATOR DRAIN HOSE SITS INSIDE THE COMPARTMENT, I PUT A HOSE ON IT SO THAT .IT DRAINS OUT OF THE FRIG VENTS OUTSIDE 8 CORRECTION: PART RECD 10/9/13 MWP 9 • COMPLAINT: C/S THAT THE SEAL ON THE INSIDE OF THE DRIVERS WINDSHIELD IS COMING APART SEE TAPE i) tech is auth to r&r d seal . 20 5 CAUSE: THE SEAL IS BAD AND NEEDS REPLACED NEED Continued on page 3 JGi c i i�uo.aua F,.-r PAGE 3 Work Order : 197922 11 FT OF SEAL 9 CORRECTION: INSTALLED NEW SEAL TO DRIVERS AREA WINDSHIELD NOTE RECEIVED FROM WARRANTY ON 9/16/13 TURNED IN PARTS CARD AND CALLED CUSTOMER 9/16/13BK NOTE Customer called looking for update, 10/7 (ss) , I advised I ' ll call back with an update, once I know when the part is due. NOTE CUSTOMER CALLED LOOKING FPR UPDATE 10/14/2013 2 : 57 CUSTOMER TOLD UNIT STILL IN SHOP.HAS A TRIP PLANED 10/21 . WARR JOB 1 - 2 . 0 JOB 3 - .4 JOB 4 - NOT COVERED JOB 5 - . 2 JOB 6 - NPF JOB 7 - NPF JOB 8 - .2 JOB 9 - . 5 AUTH#PA092182 9/16 Part No Job# Description PARTS Qty Price Total **************************************x*************************************** YF-2517 1 DEHYDRATOR 1 . 00 W -N/C- 0246251 9 D SEAL 11 . 00 W -N/C- ****************************************************************************** Lab Code Job# Description LABOUR Total N 1 MB W -N/C- RV13B-3 1 RECEIVER DRYER R/R MB W -N/C- RV13B-3 1 RECEIVER R/R MB W -N/C- N 2 MB 125 .40 N 3 MB W -N/C- N 4 MB W -N/C- N 5 MB fn' -N/C- N 8 MB W -N/C- RV31I-9 8 ROOF SEAL COMPLETE SEAA'ILESS MB W -N/C- LCB 1 LABOR CHARGE BACK RT W -N/C- LCB 2 LABOR CHARGE BACK RT -125 .40 ****************************************************************************** Excode Job# Description EXTRAS Qty Price Total FRT 1 FREIGHT (EXT) 1 . 00 W -N/C- FRT 8 FREIGHT (EXT) 1 . 00 W -N/C- Continued on page 4 V Vt L I I V V V.V 1 0 PAGE 4 Work Order : 197922 Parts Total : 0 . 00 Labour Total : 0 . 00 Sublet Total : 0 . 00 Extras Total : 0. 00 Work Order Total : 0 . 00 DATE VEHICLE DROPPED OFF DATE OF niPPOINTMENT REPAIR COMPLETION DATE OWNER NOTIFIED OF COMPLETION @ TIME DATE DATE RELEASED/COLLECTED I/WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I/WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I/WE HAVE INSPECTED MY/OUR VEHICLE AND HAVE EXAMINED THE WORK DONE. I/WE CONFIRM THAT THE WORK HAS BEEN COMPLETED TO MY/OUR SATISFACTION. SIGNATURE OF OWNER — - - p.c GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717-657-3747 CUSTOMER WORK ORDER # 199388 WO Date: 30 OCT 13 First Name: GLORIA J Tag#: 7397 Customer Name: 1143411 - HASLUP, GLOR Author: SSTOUGH Address: 20 LINE DRIVE Stock No: 327626 : GETTYSBURG, PA Year: 2013 Postal/Zip: 17325 Manufacturer: THOR MOTOR COACH Phone#(res) : 443-618-9967 Brand: CHALLENGER Phone# (busl : Model : 37GT tell Phone: 443-618-9967 Length: 37 ' 0" ExtW Co: Serial#: CHD37GT0107e73 - ExtW No: Chassis# : 1F66F5DY7D0A00009 Email : Miles/Hrs : 2914 Promised Date: 01 DEC 13 Purchased Date: 30 OCT 12 Completed Date: 26 NOV 13 • Warranty Date: 30 NOV 12 Invoice#: Date In: 30 OCT 13 *************x************is**** ******is**************************************** Job # Description JOB INFORMATION *********************x********** *****x******,tic********************* *********** 1 C/S AFTER DRIVING 25 MILES DASH BLOWS WARM 2 COMPLAINT: C/S WATER LEAKS AT SHOWER AND VANITY CLOSET TO BEDROOM i) customer opened the panel under the vanity and saw water runnip.g out and it also goes down to the cargo area • 2 CAUSE: TECH PERFORMED PRESSURE TEST, AND FOUND SEVERAL CLAMPS TO PEX LINES LOOSE AND UNDER VANITY, WILL NEED FLOORING REPLACED PHOTO'D 2 CORRECTION: RECRIMPED CONNECTIONS UNDER VANITY, RETESTED AND VERIFIED WITH 80 PSI THE WATER SYSTEM IS PRESSURIZED AND LINES DON'T LEAK 3 • COMPLAINT: C/S OUTSIDE TRIM TO ENTRY DOOR IS COMING OUT AND CRACKING 3 CAUSE: MOLDING POPPED OUT AND WONT STAY IN NERDS NEW MOLDING AND PAINTED 3 CORRECTION: NO REPAIR, UNIT GOING BACK TO THE FACTORY 4 COMPLAINT: C/S KITCHEN FLOOR IS SOFT AND BUCKLING 4 CAUSE: PHCTO'D AND NEEDS FLOORING REPLACED 4 CORRECTION: UNIT IS GOING BACK TO THE FACTORY FOR REPAIR PAWI Transferred to BAR*199388A on 11 NOV 13 • Estimate amount was 120 . 00 • WINTERIZE UNIT 'Continued on page 2 tJ t. 1.1 IJ VJ.JVG PAGE 2 Work Order ' : 199388 5 COMPLAINT: C/S SHOWER LEAKS WATER ONTO FLOOR 5 CAUSE: REMOVED OLD CAULKING PHOTO'D 5 CORRECTION: PERFORMED RESEAL TO SHOWER AND RETESTED _ NO LEAKS FOUND NOTE Filled ccc ' s and sent to warranty dept 11/12 (ss) WARR TOTAL LABOR COVERED BY WARRANTY 4 . 0 AUTH#FA100425 11/26 ******•A************************** *********************•k*********************** Lab Code Job# Description LABOUR • Total ****************************************************************************** WI PAWI WINTERIZE UNIT 0 . 00 2 LINES 2/3 REPAIR WATER SYSTEM MB W -N/C- 2 PEX LINE REPAIR MB W -N/C- AT 5 SHOWER RESEAL MB W -N/C- Parts Total : 0 . 00 Labour Total : 0 . 00 Sublet Total : 0 . 00 Extras Total : 0 . 00 Work Order Total : 0 . 00 DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT REPAIR COMPLETION DATE OWNER NOTIFIED OF COMPLETION @ TIME DATE DATE RELEASED/COLLECTED I/WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I/WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I/WE HAVE INSPECTED MY/OUR VEHICLE AND HAVE EXAMINED THE WORK DONE. I/WE CONFIRM THAT THE WORK HAS BEEN COMPLETED TO MY/OUR SATISFACTION. • SIGNATURE OF OWNER 20A FEB IS Pil I: c S CUMBERLAI D Coujij?7"v PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. No: 13 —7297 Civil THOR MOTOR COACH, INC. PRELIMINARY OBJECTIONS TO Defendant. AMENDED COMPLAINT Filed on behalf of Defendant Counsel of record for this party: Anthony J. Williott, Esquire PA ID No. 43684 Marshall, Dennehey, Warner, Coleman& Goggin 2900 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412-803-1140 JURY TRIAL DEMANDED 12/2046812.v 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, VS. No: 13 —7297 - Civil THOR MOTOR COACH, INC. Defendant. PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT AND NOW comes the Defendant, by and through its attorneys, Marshall, Dennehey, Warner, Coleman & Goggin and Anthony J. Williott, Esquire, and files the within Preliminary Objections to Plaintiffs' Amended Complaint, as follows: I. Demurrer/Motion to Strike Based on Defective Amendment of Caption 1. Plaintiffs named Thor Industries, Inc. as the Defendant in their original Complaint. 2. Defendant filed Preliminary Objections to the original Complaint. Although the Preliminary Objections did not challenge the identification of Thor Industries, Inc. as the defendant, Defendant did state in footnote 2 of its Preliminary Objections that "The named Defendant, Thor Industries, Inc., did not manufacture, assemble, sell or distribute the subject motor home. Instead, the described motor home was assembled/manufactured by Thor Motor Coach, Inc., then sold by Thor Motor Coach, Inc. to the New York dealership." 3. Plaintiffs filed an Amended Complaint in response to Defendant's original Preliminary Objections curing some, but not all of Defendant's original Preliminary Objections. In the Amended Complaint, Plaintiffs now name Thor Motor Coach, Inc. as the Defendant instead of Thor Industries, Inc. 4. Thor Motor Coach, Inc. and Thor Industries, Inc. are separate entities. Plaintiffs' substitution of Thor Motor Coach, Inc. as the Defendant in the Amended Complaint, in response to Defendant's Preliminary Objections, is improper under Pennsylvania Rules of Civil Procedure. Accordingly, for the reasons set forth more fully in the accompanying Brief in Support of Preliminary Objections, Plaintiffs' Amended Complaint must be stricken with prejudice. WHEREFORE, Defendant respectfully requests this Honorable Court sustain the within demurrer and dismiss Plaintiffs' Amended Complaint with prejudice. II. Demurrer to breach of warranty claim - lack of privity 5. Plaintiffs have filed an Amended Complaint in which they purport to allege three causes of action, to-wit, violation of the Magnuson-Moss Warranty Improvement Act, breach of warranty under the Uniform Commercial Code and violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, in connection with their purchase of a motor home in November 2012. 6. Each of Plaintiffs' claims relies upon Plaintiffs' ability to prove a breach of warranty. Plaintiffs allege breach of warranty under the Uniform Commercial Code in Count II. Plaintiffs' claims under the Magnuson-Moss Warranty Improvement Act (Count I) and the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) (Count III) are derivative actions. Plaintiffs must plead a viable claim for breach of warranty to properly assert claims for violation of Magnuson-Moss and the Pa. UTPCPL, 7. Plaintiffs purchased the subject motor home in the State of New York from a New York dealership. (See paragraph 35 of Amended Complaint, and Retail Installment Contract and Security Agreement attached to Plaintiffs' Amended Complaint. See, also, exhibit A hereto, which is a copy of the Purchase Agreement between Plaintiffs and Meyer's RV Centers, LLC d/b/a The Outdoor Store by Camping World of Churchville,New York.) 8. Plaintiffs did not purchase the motor home from Defendant; instead, Plaintiffs purchased the motor home from The Outdoor Store by Camping World in Churchville, New York. (See above-referenced exhibits.) Defendant was a stranger to the transaction between Plaintiffs and The Outdoor Store by Camping World. 9. Since the sale of the subject motor home took place in the State of New York, any implied warranty of merchantability or implied warranty of fitness for a particular purpose "attached" at the time of the sale in New York, and under New York law. 10. Under a conflict of laws analysis,New York law applies to Plaintiffs' claims for breach of warranty under the UCC. 11. Under New York law, a consumer must be in privity with a "seller" to sue that seller for breach of warranty under the Uniform Commercial Code. Here, Plaintiffs were not in privity with Defendant, as Plaintiffs purchased the motor home from The Outdoor Store by Camping World in Churchville,New York, not from Defendant. 12. Since Plaintiffs were not in privity with Defendant, they cannot sue Defendant for breach of warranty under the Uniform Commercial Code, and Count II of the Complaint must be dismissed. 13. Since Plaintiffs' claims for violation of the Magnuson-Moss Warranty Improvement Act and the Pennsylvania UTPCPL are derivative of their breach of warranty claims, Counts I and II fail as well, as Plaintiffs have no underlying claim for breach of warranty. WHEREFORE, Defendant respectfully requests this Honorable Court sustain the within demurrer and dismiss Plaintiffs' Amended Complaint with prejudice. III. Motion To Strike Amended Complaint For Failure To Attach Verification 14. The verification attached to Plaintiffs'Amended Complaint is signed by Plaintiffs' counsel. 15. Pursuant to Pa.R.C.P. 1024, every pleading containing an averment of fact must be verified "by one or more of the parties filing the pleading ... ." 16. Plaintiffs have not signed verifications in support of the averments of fact in their Amended Complaint, in violation of Pa.R.C.P. 1024. As such, Plaintiffs' Amended Complaint must be stricken for failure to comply with this rule of court. WHEREFORE, in the alternative, Defendant respectfully requests this Honorable Court grant the within motion to strike. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOG IN By: ny J. Williott, Esquire A ey for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, VS. No: 13 —7297 - Civil THOR MOTOR COACH, INC. Defendant. ORDER OF COURT AND NOW, to-wit, this day of 2014, upon consideration of Defendant's Preliminary Objections and Brief in support thereof, and Plaintiffs' opposition, it is hereby ORDERED, ADJUDGED and DECREED that Defendant's Preliminary Objections are sustained and the Amended Complaint is dismissed with prejudice. BY THE COURT: J. F Met'er's RV Centers, LLC dba THE OUTDOOR STORE by Camping World �9�11000 Sanford Road N. a Churchville, NY 14428 Phone (585) 293-3000 a Fax (585) 293-8044 I VEHICLE CASH PURCHASE AGREEMENT-MOTORHOMFS NY STAY-4 T NTN'FACILITY NO,7097606 j BUYER �--j7`-- DOB SALESPERS STREET HON. P E 6/ CELL PHONE t CITY,STATE,ZIP DA _ E-MAIL /� ARE YOU CURRENTLY A CAR1 ING WORLD PRESIDENT'S CLUB MEMBER?XYes D No h�� L00 p I ORDER AND AGREE TO PURCHASE FROM YOU ON THETEAMS CONTAINED ON BOTH SIDES OF THIS AGREEMENT,THE FOLLOWING VEHICLE: READ OTHER SIDE) YEAR / NEW USED ID DEMO 0 STOCK NO. CKpSSlS �',r) � O MAKE MODEL o 41 -/_7 l.. 1 Y EACH BODY TYPE COLOR CHA IS LACE (n dbHASSIS YEAR MILEAGE ! 'Estimated Delivery Date 1place ofDelivery VEHICLE PRICE {'1'� $ 1— �Oa If the new motor vehicle has not been dellvered In accordance with this contract vdthln 30 days TRANSPORTATION + y IF NOT fIdCLUDE0IN VEHICLE PflICE ) fOilovdRg the estimated delivery date,the consumer has the right to cancel this CenUBet and to FACTORY INSTALLED EOUIPIAEIT /+ receive a full refund,unless the delay In delivery Is attributable to the consumer. IF YOU AGREE TO ASSIST ME IN OBTAINING FINAIICING FOR ANY PART OF THE PURCHASE i PRICE,THIS ORDER SHALL NOT BE BINDING UPON YOU OR ME UNTIL ALL OF THE CREDIT I TERMS ARE PRESENTED TO ME III ACCORDANCE WITH REGULATION•Z'(TRUTH-IN-LENDING) AND ARE ACCEPTED BY ME.IF I DO NOT ACCEPT THE CREDIT TERMS WHEN PRESENTED,I MAY CANCEL THIS ORDER AND MY DEPOSIT WILL BE REFUNDED. PRIOR USE CERTIFICATION(Required by Vehicle and Traffic Law 417a if the j principal use of the vehicle was as a police vehicle,taxi-cab,driver education vehicle,or rental vehicle).The principal prior use of this vehicle was as a police vehicle❑ tax•cob ❑ driver education vehicle ❑ rental vehicle ❑ DEALER INSTALLED CQU1PI,IENTANDSERVICES (+) ALL TRAVEL TIME EXPENSES ARE NOT COVERED UNDER ANY 11 WARRANTY. PAYMENT FOR TRAVEL TIME IS DUE WHEN 1 SERVICE IS RENDERED. NOTICE TO USED VEHICLE BUYER: If you should be entitled to a refund TOTAL PRICE $ pursuant to section 198•b of the NYS General Business Law,Instead of returning - your trade in,the dealer may pay to you Its wholesale value as determined by LESS TRADE-IN CREDIT(see I and6b0nback) H /0 . 000 _ reference to the National Automobile Dealers Association Used Car Guide,or such CASH PRICE $ other guide as may be approved by the Commissioner of Motor Vehicles, as adjusted for mileage, Improvements, and any major physical or mechanical MOTORHOAIE PREP FEE $ 9100 defects,rather than the value listed in this agreement. FREIGHT /169'si 00 THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT.INFORMATION ON THE 1VINDOVI FORM OVERRIDES ANY CDIITRARY PROVISIONS $ . 111 THE CONTRACT OF SALE. IF THIS MOTOR VEHICLE IS CLASSIFIED AS A USED MOTOR VEHICLE,THE DEALER CERTIFIES TT TOTAL CASH PRICE $ _ (7 HA THE EUTIRE VEHICLE IS IN CONDITION AI10 REPAIR TO REUCER UNDER (NORMAL USE, SATISFACTORY AND ADEQUATE SERVICE UPON THE PUBLIC HIGHWAY AT THE TIME OF DELIVERY. ` ® SALES TAX o (+) YEAR t,t E MOpEL BODY (; NYS INSPECTION FEE MILEAGE V.I.N. REGISTRATION FEE N❑ RR M ESTIMATE ' PLATE NO. EXP.DATE -a NEVI ALG%SRSOPTx1;aDncEOn PROCEOFMA➢ 1-GS ISMVA REALEII-SO MA'OE FOR nCATEDr RTIE.nGe ISN.'OI'A04N FEE." 75 00 ❑RE•REG DALANCE OWWG To: ACCT a NYS TIRE MGMT FEE$2.50 X TIRES (+� 115-- OWED GOOD UNTIL CONTACT TOTAL CASH PRI DELIVERED $ DATE A),tOUVT0 S LESS CASH DEPOSIT SUBMITTED WITH ORDE CANCELLATION STATEMENT - if this contract is cancelled by me SUB TOTAL without your consent I understand I shall be liable to you for OWING damages in accordance with Paragraph 3(on reverse s PLUS BALANCE O ide) ON TRADE-Iff (+� 107 700 Or any additional damages that you may Incur therefrom. LESS REBATE(dapptcab!e) (—) Sig. X 7dl PLEASE NOTE THAT-THE PRICING SHOWN INCLUDES' '.. " CASH DUE ON DELIVERY ALL''INCENTIVES,REBATES AND COUPONS I have read the terms on the front and back of this agreement and accept them TOTAL AMOUNT TO BE FINANCED j as stated.I have received a completed copy of this agreement as signed. •The amount indicated on this sales contract or lease agreement for registration c and title fees Is an estimate.In some Instances,It may exceed the actual fees due i % ,� E(?•- r the Commissioner of Motor Vehicles.The dealer Will.ll,automatica!ly,and within 60 Buyers Signature D AT aya of securing such registration and idle,refund any amount overpaid for such r s.If the estimated fee collected is less than the ecival amount owed,the Buyer Is Co Buyers Slgnatu > DATE: / esponsible for the difference and vrlll be Involeed eccordingly. ! Seller Approved y: The optional Dealer Registration or Title A plicallon Processing Fee is not a New York State or Department of Motor Vehicles Fee.Unless a Ilan Is being recorded or THIS A .REHM17ENT 1S NOT BINDING feel Dealer Issued lon and/or ertif cate of tlltfe to you ny Motor Vehicle your ffice.own application for UNLESS SIGNED BY THE SELLER AND THE BUYRR g I Mayer's RV Centers, LLC dba THE OUTDOOR STORE by Camping World ADDITIONAL TERMS OF AGREEMENT 1', 'me', and "my"refer to the Buyer and Co-Buyer. 'You"and'your" refer to the Seller/Dealer. I, agree this order Is subject to the following terms: 1. IN.de In Credit May Chance It I.do not deliver.the'trade•in vehicle to-you when this Agreement is-,signed, I agree, that at the time the trade-in vphlGe Is delivered to you;:.should,.th©Vatue'of fny.trade•in be.materially diminished as a result of physical damage, alteration or deterioration 1n'mechahfbal condition other than normal vicar and tear,YOU HAVE THE RIGHT TO REAPPRAISE THE VEHICLE,AS A RESULT OF SUCH REAPPRAISAL, I UNDERSTAND THAT THE TRADE-IN ALLOWANCE ON MY VEHICLE MAY BE REDUCED AND THAT THIS WILL IN TURN INCREASE THE NET PRICE WHICH I WILL HAVE TO PAY FOR THE VEHICLE IF I DECIDE TO PURCHASE'THE VEHICLE. If the trade-In credit is reduced and I am not satisfied, I understand that I can cancel ,this agreement LE the purchased vehicle has not been registered In my name or delivered to me or you have not accepted delivery of the trade-in vehicle. 2.Trade-fn;_l3uVe1's ObllaatLorLs At the time I deliver the trade-in vehicle to you, I promise to sign a Bill of Sale and a mileage certification statement and give you satislactory,proof that I own the vehicle..I warrant (guarantee) (a) that there are no liens on the trade-In vehicle and that I.owe no one any money for the vehicle or repairs to the vehicle,except as may be shown on the face of this agreement; (b)•thal the trade-in vehicle does riot have a Yielded or bent frame and that the motor block is not cracked, v+elded or repaired;and (c) that the vehicle has hot been flood damaged or declared a total loss for Insurance purposes; and (d)that emission control devices have not been altered and/or removed, and nothing has been removed from the trade, including all seat belts, that was odglrnafly seen,The engine and/or transmission has not been tampered with to pass your Inspection. I further warrant that any vehicle 1 trade to you Is not a branded vehicle and no such brand (i,e.-Warranty Non-Conlorrnify; Reconstructed,-Non-USA-Std;Exceeds.Mechanlcal Urnlls;Nol Actual Mileage) appears on Its Certilicale of Title. You have told me you rely on this representation in accepting the trade-in vehicle. 3. Buyer's Re U a�to PuC¢I1 L Unless this agreement is nonbinding because you.are arranging credit for me, I understand that the cash deposit I have given to you can be retained, In accordance with your refund policy, to offset your damages If I refuse to complete my purchase. I also understand that I may be responsihle for any other damages which you may-incur as a result of my failure to perform my obligations under the terms of this agreement. 4. Delays In Delivery. I understand that you shall not be liable for delays caused by the manufacturer,accidents,sureties, foes or other causes beyond-your control. Provided you promptly place my order with the manufacturer and the manufacturer refuses to accept the order or fails to deliver the vehlcle,aller accepting the order, upon your prompt notification and refund of my deposit, I will not hold you liable and this agreement shall be cancelled. 5. Disclaimer cf Warredies.I UNDERSTAND THAT YOU EXPRESSLY DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED i WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,AND THAT YOU NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR YOU ANY LIABILITY IN CONNECTION WITH THE SALE OF THE VEHICLE,except as otherwise provided In writing by YOU in an attachment to this Agreement or In a document delivered to ME when the vehicle Is delivered. Limltatlon on 1 pilpd Warranties. Some States do not allow either(1) Limitations on how long an Implied warranty lasts or(3}.the exclusion or limitation of incidental or consequential damages,so these limitations may not apply. 6. Price Change& .(a)THE TOTAL CASH PRICE DELIVERED LESS THE TRADE-IN ALLOWANCE SHOWN ON THE FRONT OF THIS AGREEMENT IS THE FINAL CON- TRACT PRICE TO WHICH YOU AND I HAVE AGREED,AND, IF THE VEHICLE IS A NEW MOTOR VEHICLE, NO ADDITIONAL FEE OR CHARGE WILL BE IMPOSED OR COLLECTED DUE TO.:CHANGES IN THE MANUFACTURER'S LIST-PRICE, OR CHANGES IN THE COST OF FREIGHT OR SERVICES PROVIDED BY YOU.. : .. ! (b)A REDUCTION IN THE VALUE OF THE TRADE-*IN MAY RESULT IN AN.INCREASE IN THE CASH PRICE DELIVERED I WILL HAVE TO PAY AS PRO- VIDED IN PARAGRAPH 1.OF THIS AGREEMENT. I (c) IF THE BALANCE I OWE ON MY TRADE-IN AT THE TIME OF DELIVERY OF THE TRADE-IN TO YOU IS DIFFERENT THAN THE AMOUNT I HAVE :TOLD YOU AND WHICH AMOUNT IS SHOWN ON THE FRONT OF THIS AGREEMENT, THEN THE CASH PRICE DELIVERED OF THE VEHICLE I AM PURCHASING SHALL CHANGE ACCORDINGLY. (d) IF THE REGISTRATION FEE VARIES FROM'THE.AMOUNT YOU HAVE ESTIMATED ON THE FRONT OF THIS AGREEMENT,THEN THE CASH PRICE DELIVERED SHALL CHANGE ACCORDINGLY. (e) I AGREE THAT I WILT,PAY THE FINAL CASH PRICE DELIVERED AS SHOWN ON THE FRONT OF THIS AGREEMENT. IF THERE HAVE BEEN ANY CHANGES IN THE TOTAL CASH PRICE DELIVERED FOR REASONS STATED 1N THIS PARAGRAPH G THEN 1 WILL PAY THE CASH PRICE DELIVERED AS CHANGED BY ANY SUCH ADJUSTMENT. MY PAYMENT WILL BE EITHER IN CASH, BANK, OR CERTIFIED CHECK AT THE TIME OF DELIVERY OF THE VEHICLE I HAVE PURCHASED. 7. Change of Design I understand that the manufacturer has the right to change the design of the vehicle,'its chassis,accessories or any parts at any time without notice to YOU or ME. In the event of such change by the manufacturer, YOU shall have no duly to ME except to deliver the vehicle as made by the manufacturer. B. No Olhar Agreements There are no understandings or agreements behveen you and me other than those set forth in this Agreement and attachments to this Agreement it there are any such attachments. IF THIS AGREEMENT IS FOR A USED VEHICLE,THE INFORMATION YOU SEE ON THE (FEDERAL 'TRADE COMMISSION) WINDOW FORM IS PART OF THIS AGREEMENT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PRO- VISIONS IN THE CONTRACT OF SALE. 9. Nevo York Law Appliee You and I agree that this Agreement is governed by New York State Law. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Preliminary Objections to Amended Complaint has been served upon the following known counsel of record this day of February 2014, via United States First-Class Mail, postage prepaid: David J. Gorberg, Esquire David J. Gorberg & Associates 32 Parking Plaza, Suite 700 Ambler, PA 19003 r By: _V 40A Ant J. Williott,Esquire PRAECIPE FOR LISTING C SE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for tl4 neyd- Argument Court.) -----------------------------------------------------—-------------------------------------_----------------------- CAPTION OF CASE (entire caption must be stated in full) ` a �C7 •'C3 James Haslup and Gloria Haslup Cf vs. X Thor Motor Coach No. 13 - 7297 - Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: David J.Gorberg, Esquire David J.Gorberg&Associates 32 Parking Plaza,Suite 700 Ardmore,PA 19003 (Name and Address) (b) for defendants: Anthony J.Williott, Esquire, 2900 US Steel Tower, 600 Grant Street, Pittsburgh, PA 15219 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature A04 WI."/11. Print your narrke i^ Attorney for Date: Re b, i y�� INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) after the case is relisted. G.17 TL Pri3THONOTIVaY 10111 ME 27 ti;i DAVID J. GORBERG & ASSOCIATES ICC By: DAVID J. GORBERG LutIDLNLAND COUNTY PENNSYLVANIA Attorney for Plaintiff Identification No.: 53084 32 Parking Plaza Suite 700 Ardmore, PA 19003 215-665-7660 JAMES and GLORIA HASLUP vs. THOR INDUSTRIES INC COURT OF COMMON PLEAS NO. 13-7297-CIVIL MOTION OF PLAINTIFF FOR LEAVE TO AMEND COMPLAINT TO ADD THOR MOTOR COACH, INC AS AN ADDITIONAL DEFENDANT Plaintiff, James and Gloria Haslup, by and through his attorneys, David J. Gorberg & Associates, hereby moves this Court pursuant to Pennsylvania Rule of Civil Procedure 1033 for leave to amend the Complaint to add Thor Motor Coach, Inc., as an additional defendant, and, in support thereof, avers as follows: 1. Plaintiff filed a Complaint against Defendant on or about December 13, 2013. A true and correct copy of Plaintiffs original Complaint is attached and marked hereto as Exhibit "A". 2. Plaintiff's Complaint asserts violations of the Magnuson Moss Warranty Act, the Uniform Commercial Code, and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, in connection with Plaintiffs purchase of a new 2013 Coach Challenger 37GT, manufactured and warranted by Thor Motor Coach, Inc. a/k/a Thor Industries, Inc. 3 On or about December 17, 2013 Plaintiff's complaint was served upon defendant Thor Industries, Inc. which is the "parent" company of Thor Motor Coach, Inc.. A copy of the Affidavit of Service is attached hereto and marked as Exhibit "B". 4. Accordingly, Plaintiff's Complaint needs to be amended to add Thor Motor Coach, Inc. as an additional defendant, in accordance with the proposed Amended Complaint attached hereto as Exhibit "C". 5. Pennsylvania Rule of Civil Procedure 1033 provides that, with leave of Court, a party may at any time change the form of action, correct the name of a party or amend his pleading. 6. There has been no undue delay in requested an amendment pursuant to Pennsylvania Rule of Civil Procedure 1033 and no undue prejudice will result from the allowance of such an amendment. 7. However, great prejudice will result to Plaintiff if he is not permitted to amend the Complaint, as Plaintiff will, in effect, be denied possible rights of recovery. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter the proposed Order granting Plaintiffs Motion to Amend his Complaint. DAVID J. GORBERG & ASSOCIATES, P.C. BY: v d J. Gorberg, Esquire Attorney for Plaintiff DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Identification No.: 53084 32 Parking Plaza Suite 700 Ardmore, PA 19003 215-665-7660 JAMES and GLORIA HASLUP vs. THOR INDUSTRIES INC Attorney for Plaintiff COURT OF COMMON PLEAS NO. 13-7297-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND HIS COMPLAINT TO THOR MOTOR COACH INC AS AN ADDITIONAL DEFENDANT 1. BACKGROUND On or about November 2012, Plaintiff purchased a new 2013 Coach Challenger 37GT from Thor Industries, Inc., a/k/a Thor Motor Coach, Inc. Approximately one month after purchase, he began experiencing repeated defects and nonconformities, including, but not limited to water leaks and defective electrical system. On or about December 13, 2013 Plaintiff filed a civil action complaint. A copy of said complaint is attached hereto and marked as Exhibit "A". On or about December 17, 2013 plaintiff served said complaint upon defendant, Thor Industries, Inc. the "parent" company of Thor Motor Coach, Inc. A copy of the Affidavit of Service is attached hereto and marked as Exhibit "B. After further investigation, it has been determined that the Thor Motor Coach, Inc. should be added as an additional defendant in Plaintiff's lawsuit. II. LEGAL ARGUMENT Pennsylvania Rule of Civil Procedure 1033 provides: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action, or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. Rule 1033. AMENDMENT Motions to amend a pleading are liberally granted, except where surprise or prejudice to the other party would result, or where the amendment is against a positive rule of law. Pesternack v. American Gas Co. of Reading, 421 Pa. 21, 218 A.2d 350 (1966). In the instant case, Plaintiff seeks only to amend the Complaint to add Thor Motor Coach, Inc., as it has been determined that Thor Motor Coach, Inc., may be liable under Plaintiff's breach of warranty claim. There has been no undue delay in requesting an amendment pursuant to Pennsylvania Rule of Civil Procedure 1033 and no undue prejudice will result from the allowance of such an amendment. However, great prejudice will result to Plaintiff if he is not permitted to amend the Complaint, as Plaintiff may, in effect, be denied possible rights of recovery. III. CONCLUSION Plaintiffs Motion for Leave to Amend the Complaint should be granted in accordance with Pennsylvania Rule of Civil Procedure 1033, as it has not been brought in bad faith, there had been no undue delay, and Defendant will not suffer undue prejudice. Wherefore, Plaintiff respectfully requests that this Honorable Court enter the proposed Order, granting Plaintiff's Motion for Leave to Amend the Complaint. DAVID J. GORBEJ & ASSOCIATES, P.C. BY: yid J. Gorberg, Esquire Attorney for Plaintiff 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 JAMES and GLORIA HASLUP COURT OF COMMON PLEAS vs. THOR INDUSTRIES INC NO. 13-7297-C1VIL CERTIFICATE OF SERVICE I, David J. Gorberg, do hereby certify that service of a true and correct copy of the within Motion for Leave to Amend Complaint was made on the March 24, 2014 to counsel listed below via electronic mail by the Court: Date: Anthony J. Williot, Esquire 600 Grant Street Suite 2900 Pittsburgh, PA 15219 DAVID J. GORBERG & ASSOCIATES, P.C. BY: d J. Gorberg, Esquire Attorney for Plaintiff EXHIBIT A 'f FILED-OFFICE OF THE PROTHONOTARY 2813 DEC 1 I Af4it: 12 CUMBERLAND COUNTY PENNSYLVANIA JAMES HASLUP, ET AL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLV NIA NO. J" / IN a 97 Zo THOR INDUSTRIES, INC 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 TRI.JE-C_C PY FROM- RECORD In Testiroly.:vherenf, I here unto F.et my hand and the-seal of said ourt.at Carlisle, Pa. This _Lit day of ,_:_paz 20 - Prothonotary 06i1 k-4 t ct*L404 r: •7 C.) t:::. :J - • r, DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Identification No.: 53084 32 Parking Plaza Suite 700 Ardmore, PA 19003 215- 665 -7660 James & Gloria Haslup 20 Line Drive Gettysburg, PA 17325 vs. Thor Industries, Inc 701 Country Road 15 Elkhart, IN 46516 Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COMPLAINT 1. Plaintiff, James & Gloria Haslup, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing 20 Line Drive, Gettysburg, PA 17325 2. Defendant, Thor Industries, Inc 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 701 Country Road 15, Elkhart, IN 46516. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about November 30, 2012, Plaintiff purchased a new 2013 Thor Motor Coach Challenger 37GT (hereinafter referred to as the "vehicle "), manufactured and warranted by Defendant bearing the Vehicle Identification Number 1 F66F5DY7D0A00009. 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 $206,081.05. 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 November 30 2012, 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, air conditioning (3xs) water leak, electricity & windshield separation. 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. 1 I. 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 I 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) (I), 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 attomey'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. GORB & ASSOCIATES, P.C. BY: D ID : ERG, ESQUIRE ttorney or 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 su ' "ect to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT No. Date 11/3O/12 x Seller THE ; ;j j4VOR r, BY CAMPING WORLD 1000 SANFORD RD h. CH RCIV ILLS NY 14423 We and "us" mean the Seller above, its successors and assigns. Buyer 3 HAS:.!J JAMES V HASLUP 20 LINE DRIVE GETTYSBURG, PA 17325 °You" and your" mean each Buyer above. and guarantor. jointly and individually. SALE: You agree to purchase from us, on a time basis. subject to the terms and (Contract), the Motor Vehicle (Vehicle) and services described subject The Vehide is accessories and attachments. conditions of this contract and security agreement sold in its present condition, together with the usual Description of Motor Vehicle Purchased Year 2 0 13 Make CHALLENGER Model 3 7 G T VIN 1F66F5DY7D0A00009 Other: Lic. NoJYear New D Used Ci,ASS A Trade-In 2013 of T 2013 DAYBREAK 3413D Trade -In SECURITY: To secure your payment and performance under the terms of this Contract, you ive us a security interest in the Vehicle, all accessions, attachments, accessories, and equipment placed in or on the Vehicle, together called Property, and proceeds of the Property. You also assign to us and give us a security Interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ 119390 • 15 , plus credit service charges accruing on the unpaid balance at the rate of 4 , 7 Q % per year from today's date until maturity. Credit service charges accrue on a 3 6 5 day basis. After maturity, or after you default and we demand payment, we will earn finance charges on the unpaid balance at 4. 74 % per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the TRUTH iN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms and conditions of this Contract. D If checked, you to our charging you%deducting life acquisiiion coR of$15.Ob'before'you PAY iiiis'cpal1y acquisition fee of $15.00 may be considered a prepayment penalty for purposes of Federal Truth In Lending Law disclosures even though New York law does not label ft as a penalty. TRUTH IN LENDING DISCLOSURES ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. .c 11 % FINANCE CHARGE The dollar amount the credit will cost you. $ ASA11 nP AMOUNT FINANCED The amount of credit provided to you or on your behalf. $119390.15 TOTAL OF PAYMENTS The amount you will have paidyou have made all leedd payments. $ 185011.20 TOTAL SALE PRICE The total cost of your purchase on credit, including your down payment of $ 21069.85 _$ '96x481.05 Payment Schedule. Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due MONTHLY, BEGINNING 12/30/12 240 770.88 AND EACH MONTH THEREAFTER UNTIL PAID IN FULL Security: You are giving a security interest in the Motor Vehicle purchased. a Late Charge: If a payment is more than 10 days late, you will be charged , + r __ . .. •,, r• . . TUE DAYM.E DU)3. UNrAID AMOUNT Or Prepayment: If you pay off this Contract early, you L I may xQ will not have to pay a penalty. Contract Provisions: You can see the terms of this Contra- t for any additional information about nonpayment, default, any. required repayment before the scheduled date, and prepayment refunds and penalties. CREDIT INSURANCE: Credit life, credit disability (accident and health), and any other insurance coverage quoted below, are not required to obtain credit and we will not provide them unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain m1 for you (if you qualify for coverage). We are quoting below ONLY the coverages you have .chosen to purchase. . Credit_Ufe: Insured N/A _. _ - _ D Single D Joint Preen $ Tenn Credit Disability: Insured N /A D Single D Joint Preen $ Term Your signature below means you want (only) the insurance coverage(s) quoted above. If none are quoted, you have declined any coverages we offered. N/A N/A Buyer d/o/b Buyer d/o/b PROPERTY INSURANCE: You must Insure the Property securing this Contract. You may purchase or provide the insurance through any insurance company reasonably acceptable to us. The collision coverage deductible may not exceed $ If you get insurance from or through us you will pay $ for of coverage. This premium is calculated as follows: ❑ $ Deductible, Collision Coverage $ 0 $ Deductble, Comprehensive Cov. $ D Fire -Theft and Combined Additional Coverage $ ITEMIZATION OF AMOUNT FINANCED Vehicle Price (ind. sales tax of $ 1770 . 0 0) $ 110270 . 00 Service Contract, Paid to. U S P CORP '$ N/A NYS TIRE MGT : PEE $ 15.00 Amount to Finance tine e. (if e. is negative) $ -- -- .__.._ Gashsate Price_ $ 14f1211 K an Manufacturer's Rebate $ —0— Cash Down Payment $ 20000 ° 0 Deferred Down Payment $ — f1— a. . Total Cash/Rebate Down $ % +'1 (Inn Ott b. Trade -In Allowance ` S 1©9ftflfl Alt c. Less: Amount owing S 107 9 3 n 15 Paid to: d. Net Trade -in (b. minus c.) ` $ In F 9 R 5 e. Net Cash/Trade -In (a. plus d.) $ 211hA 9 R Down Payment (e.; disclose as $0 if negative) $ 7171 A4 P. r+ Unpaid Balance of Cash Sale Price $ 1 1921 r+ 1 c Paid to Public Officials- Filing Fees . $ - �- Insurance Premiums' $ :=f— GAP Waiver Paid to Seller $ -0-. To: DOC & LaC FEES $ 17K n0 To: $ N!A To: $ lot / A To: $ N / A { 7 4 - S F�glS nr , - - $ - ,luov1. $11 9390.12 �S 1E350�, t . �) 1$ 206081.05 0 Payment Schedule Your payment schedule will be Number of Payments Amount of Payments When Payments Are Due 240 770.88 MONTHLY, BEGINNING 12/30/12 AND EACH MONTH T.HEREAFTEE UNTIL PAT'S IN rUI.L Security: You are giving 12 Late Charge: if a payment AMOUNT a security interest in the Motor Vehicle purchased. is more than 1 �• days late, you will be charged j. T. ATE r'?i ARrF (1 F 5% ex TV 1 OF T:IE P. *.':vHENT,CUE= UNPAID Prepayment: If you pay off this Contract early. you a may xl.xl will not have to pay a penalty. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. CREDIT INSURANCE: Credit life. credit disability (accident and health). and any other insurance coverage quoted below, are not required to obtain credit and we will not provide them unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it for you (i1 you qualify for coverage). We are quoting below ONLY the coverages you have chosen to purchase. T Credit Life: lnsurgd N %A o Single ❑ Joint Prem. $ Credit Disability: Insured N /A © Single ❑ Joint Prem. S Term Term Your signature below means you want (only) the insurance coverage(s) quoted above. If none are quoted, you have declined any coverages we offered. N/A N/A Buyer d/o/b Buyer d/o/b PROPERTY INSURANCE: You must insure the Property securing this Contract. You may purchase or provide the insurance through any insurance company reasonably acceptable to us. The collision coverage deductible may not e~ceed $ get insurance from or through will pay $ for This premium is calculated as follows: S Deductible, Collision C...: r ;e $ ❑ $ Deductible, Comprehensive Cov. $ o Are -Theft and Combined Additional Coverage $ o $ Liability Insurance coverage for bodily injury and motor vehicle damage caused to others Is not Included In this Contract unless checked and Indicated. GAP O��u Property 1p confiscation, AMOUNT: physical damage, yog e you pay difference between the amount of insurance proceeds and the amount you still owe us (GAP Amount). We. are required by :state law to offer you a waiver of our right to hold you responsible for the GAP Amount in the event of a total loss Of the Property caused by theft or physical damage. We are allowed to charge yaofee for this GAP Waiver. You may also be able to, on your oaf Sandhat your expense, insurance covering the GAP Liability provided you separately. FEDERAL GAP DISCLOSURE: A GAP Waiver is not required to obtain credit and we will not provide unless you sign and agree to pay the additional cost If you purchase a GAP Waiver from us you will pay $ -0— for the term of this Contract. I want the optional GAP Waiver at the stated cost If you of coverage. uyer Buyer SERVICE CONTRACT: With your purchase of the Vehicle, you to purchase a Service Contract to cover This Service Contract will be in effect for ASSIGNMENT: ""This Contract and Secuslty Agreement is assigned to BANN OF R WRW 1' the Assignee, phone S '- R ti n TN R R R ATbis assignment is made M under the terms of a separate•agntement. ❑ under the terms of the ASSIGNMENT,t3Y-SEL-LER:on page: 0 This assignment Is made with recourse /7 , Seller. By ra a "..hiss -. Date ir.." C- NEW YORK RETAIL INSTALLMENNhiACT AND SECURITY AGREEMENT Exaitio m 1882, 189s Denims Systems. enc., SL Clad. her Form R&M-MY-NY one/axes ITEMIZATION OF AMOUNT FINANCED Vehicle Price (ind. sales tax of $ 1770.00) $ 140370.04 Service Contract, Paid to: Qf;p co P.P • $ N/A 1 772 TIT ? I'.CT Fr? $ 15.00 Amount to Finance line e. (if e. is negative) $ _COSASatePrfce..$ 7 Ltn2R7, nn -0- Manufacturer's Rebate $ Cash Down Payment $ 20000 On Deferred Down Payment $ —0- a. Total Cash/Rebate Down $ amino 0 0 b. Trade -In Allowance $ 109l0n On c. Less: Amount owing $ 10 7430 1 5 Paid to- d. Net Trade -In (b. minus c.) $ i n f;, ci e. Net Cash/Trade -In (a. plus d.) $ 21 n A 4 Down Payment (e.; disclose as $0 if negative) $ Unpaid Balance of Cash Sate Prlce $ 1 Paid to Public Officials - Filing Fees $ Insurance Premiums' $ GAP Waiver Paid to Seller $ To: DoC 8 LIC ?FPS $ To: $ To: $ To: $ Total Other Charges/Amounts Pd. to Others $ Less: Prepaid Finance Charges $ Amount Financed $ 1 RR R5 21069 R5 19715, 15 -0- -n- 1 7' (IQ N/A 74/7), hv/a 7R 0(I —0- 1 9390 1 We may retain or receive a portion of this amount. NOTICE TO BUYER (1) Do not sign this agreement before you read it or H it contains any blank spaces. (2) You are entitled to a completely filled -In copy of this agreement. (3) Under the law, you have the right to pay off in advance the full amount due and under certain conditions to obtain a partial refund of the credit service charge. (4) According to law you have the privilege of purchasing the insurance on the motor vehicle provided for in this contract from an agent or broker of your own selection. . BY SIGNING BELOW BUYER AGREES TO THE TERMS ON PAGES 1 AND 2-OF THIS CONTRACT AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS RETAIL INSTALLMENT CONTRACT. (page f Of 2) MOTOR VEHICLE - NOT FOR MANUFACTURED HOMES WO Date Tag# Author Stock No Year Manufacturer Brand Model Length Serial# Chassis# Miles /Hrs Purchased Date Warranty Date Date In GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717- 657 -3747 -- CUSTOMER WORK ORDER # 196983 : 01 AUG 13 : 7096 SSTOUGH : 327626 : 2013 : THOR MOTOR COACH : CHALLENGER : 37GT : 37'0" : CHD37GT0107873 : 1F66F5DY7D0A00009 : 2297 : 30 OCT 12 : 30 NOV 12 : 01 AUG 13 First Name: GLORIA J Customer Name: 1143411 - HASLUP, GLOR Address: 20 LINE DRIVE : GETTYSBURG, PA Postal /Zip: 17325 Phone #(res): 443 -618 -9967 Phone #(bus): Cell Phone: 443 -618 -9967 ExtW Co: ExtW No: Email: NextAction Date: 16 AUG 13 Completed Date: Invoice #: *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Job # Description • JOB INFORMATION *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 COMPLAINT:' C/S REAR AC UNIT IS NOISEY 2 i) stand inside and let it run, it rattles, sound like wood or a loose piece CAUSE: TECH FOUND LOOSE FOIL TAPE CORRECTION: SECURED TAPE AND VERIFIED NO MORE RATTLE COMPLAINT: C/S CENTER ROOF AC FREEZES AND BLOWS HOT AIR i) need amp draw CAUSE: FOUND POOR INSTALL OF FREEZE SENSOR CORRECTION: INSTALLED SENSOR CORRECTLY & OPERATED WILL RUN OVER NITE TO VERIFY COMPLAINT: C/S DASH AC FREEZES UP i) after driving 10 miles ac blows warm expansion valve freezes up, drain hose constantly running water out of it CAUSE: OVERCHARGED AC SYSTEM, SYSTEM SPEC IS 1LB .75 OUNCES, PERFORMED AC CHECK, SYSTEM HAD 2LB 6 OZ'S, OUTSIDE TEMP WAS 80 DEGREES CORRECTION: EVACUATED SYSTEM, FILLED 1LB .75 OUNCES, VERIFIED 42 DEGREES THRU THE VENTS. ON 8/15/13 IN THE AFTERNOON HAD TJ DRIVE THE VEHICLE FOR APPR. 20 MINUTES Continued on page 2 4 5 Work Order : 196983 COMPLAINT: CORRECTION: COMPLAINT: CORRECTION: COMPLAINT: PAGE 2 HE CAME BACK AND SAID THE DASH A/C IS WOKRING JUST FINE 8/15/13BK CALLED CUSTOMER TO LET HIM KNOW C/S THE WINDSHIELD ON THE DRIVERS SIDE TOP CORNER HAS POPPED HAD GLASS COMPANY COME OT FIX C/S WITH FANTASTIC FANS ON AND BLACK TANK VALVES OPEN THERES A HORRIBLE ODOR THAT COMES THRU THE COACH i) customer thinks there's shouldn't be an odor regardless, is there a leak TECH FOUND NO WATER IN THE BOWL, CHECKED VENTS FOR OBSTRUCTION BUT ARE CLEAR, SCREWED DRAIN CAP TIGHTLY ON WASHER AND DRYER 6 C/S ENTRY DOOR is really hard to close i) replace door strut with a lighter strut CAUSE: DOOR IS EQUIPPED WITH A 20" 40 POUND STRUT, WILL SUBMIT FOR A LIGHTER STRUT 30 OR 25 OR 20 NOTE Called for windshield to be inspected by sublet company on monday 8/12 & called the customer about the issues with the motor home. * * * * * * * ** Lab Code * * * * * * * ** RV14CII RV14CII SP36549 RV13BII ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Job# Description LABOUR Total ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 AC REPAIR 2 CK AC FREEZE 5 CK LINES 5 & 6 3 AC EVACUATE /RECHARGE Customer Signature: DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT Continued on page 3 CS CS CS MB Parts Total: Labour Total: Sublet Total: Extras Total: Tax Total: Work Order Total: W -N /C- W -N /C- 39.90 W -N /C- 0.00 39.90 0.00 0.00 2.39 42.29 Date: 16 AUG 2013 Work Order : 196983 2EPAIR COMPLETION DATE )WNER NOTIFIED OF COMPLETION @ TIME DATE RELEASED /COLLECTED PAGE 3 DATE I /WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I /WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I /WE HAVE INSPECTED MY /OUR VEHICLE AND HAVE EXAMINED THE WORK DONE. I /WE CONFIRM THAT THE WORK HAS BEEN COMPLETED TO MY /OUR SATISFACTION. SIGNATURE OF OWNER •■■ WO Date Tag# Author Stock No Year Manufacturer Brand Model Length Serial# Chassis# Miles/Hrs Purchased Date Warranty Date Date In GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717-657-3747 CUSTOMER WORK ORDER # HAR*193991 : 18 APR 13 : BRIAN.KREIDER : 327626 : 2013 : THOR MOTOR COACH : CHALLENGER : 37GT : 37'0" : CHD37GT0107873 : 1F66F5DY7D0A00009 : 848 : 30 OCT 12 : 30 NOV 12 : 18 APR 13 First Name: GLORIA J Customer Name: 1143411 - HASLUP, GLOR Address: 20 LINE DRIVE : GETTYSBURG, PA Postal/Zip: 17325 Phoneff(res): 443-618-9967 Phone#(bus): Cell Phone: 443-618-9967 ExtW Co: ExtW No: Email: NextAction Date: 19 JUN 13 Completed Date: 18 JUN 13 Invoice#: ****************************************************************************** Job # Description JOB INFORMATION ****************************************************************************** 1 COMPLAINT: C/S THAT THE JACKS ARE BENT CAUSE: THE JACK BRACKETS ARE BENT ON BOTH SIDES AS PER BRIAN Q4/18/13BK WE NEED TO REPLACE BOTH JACK BRACKETS IN THE FRONT ASKING FOR 1.75 HOURS EACH WHEN THE JACKS ARE DOWN THE RV LEANS TO THE RIGHT THE JACK BRACKETS ARE BENT AND NEEDS REPLACED PICTURES WERE TAKEN ON JASMINES CAMERA BY BRIAN Q CORRECTION: REQ REC'D 4:25 / ORDERED 4.26 (EK) PART REC'D 4/30/13 MWP R&R THE JACK BRACKETS THEY ARE DONE 5/13/13BK WARR COMPLAINT: JOB 1 - 3.5 4/25 AUTH#PA077748 CAUSE: JOB 2 - .2 JOB 3 - .1 JOB 4 - .6 JOB 5 - .3 JOB6 - .3 JOB 7 - .3 JOB 8 - .3 JOB 9 - NPF AUTH#PA079914 5/16 CORRECTION: ADDITIONAL 5.0 FOR JOB 8. AUTH#PA081791 2 COMPLAINT: C/S THAT THE OUT LET. IN THE KITCHEN IS ONLY BEING HELD IN BUY ONE SCREW THE BOTTON SCREW IS NOT OGING INTO ANYHTING Continued on page 2 PAGE 2 Work Order : HAR *193991 CORRECTION: I RESCREWED THE OUTLET IN THE KITCHEN 5/13/13BK 3 COMPLAINT: C/S THAT THE HEAT VENT IN THE BATHROOM BY THE TOILET THE SCREWS ARE NOT CATCHING INTO ANYTHING CORRECTION: I RESCREWED THE VENT IN THE BATHROOM 5/13/13BK 4 COMPLAINT: C/S THAT THE TV. IN THE LIVING ROOM DOES NOT COME IN CLEAR WITH THE DVD PLAYER PLAYING BUT THE OTHER TVS DO CAUSE: CABLES WERE BAD CORRECTION: REPLACED THE RCA CBLES IT IS NOW WORKING 5 COMPLAINT: C/S THAT THE SUNSCREEN IN THE FRONT COMES OUT OF THE TRACK ON THE LEFT SIDE CORRECTION: I RESECURED THE AWNING 6 COMPLAINT: C/S THAT THE AWNING LEAKS ON THE TOP ABOUT SIX FOOT IN FROM THE REAR CAUSE: THE AWNING RAIL WAS LEAKING CORRECTION: I RESEALED THE AWNING 7 COMPLAINT: C/S THAT THE SHOWER LEAKS SEE BLUE TAPE CAUSE: HAD THE WATER HOOKED UP AND NOTICED IT WAS LEAKING AROUND THE SURROUND. I RESEALED AROUND THE SHOWER CORRECTION: I RESEASLED AROUND THE SHOWERS /13 /13BK 8 COMPLAINT: C/S THAT THE TRIM UNDER THE BATHROOM SINK IS PEELING CAUSE: THE TRIM NEEDS REPLACED 5/23/13 STARTED TO REPLACE TRIM AND FOUND THAT THE FACTORY HAD SENT THE INCORRECT TRIM5 /23/13BK IN ORDER TO REPLACE THE TRIM AT THE BOTTOM OF THE SINK THE WHOLE SINK AND BASE HAD TO DISASSEMBLED TO DO SO. ONCE THE TRIM AT THE BOTTOM WAS REPLACED THE WHOLE SINK FAUCET AND ALL HAD TO BE REASSEMBLED 6/5/13BK CORRECTION: REQ REC'D 5.16 / ORDERED 5.16 (EK) STILE REC 5/22/13 SEW 9 COMPLAINT: C/S THAT THE DOOR IS HARD TO CLOSE TO STRONG OF A SHOCK CORRECTION: NO CORRECTION AT THIS TIME A NEW SHOCK WAS INSTALLED AND IT JUST NEEDS TO BE BROKEN IN NOTE CALLED THE HASLUPS TO LET THEM KNOW WE ARE AWAITNG A PART FROM THOR 5/29/13BK NOTE CHECKED WITH WARRANTY TO FOLLOW UP ON WARRANTY 6/14/13BK NOTE CHECKED WITH WARRANTY ON 6/18/13 NO UPDATES YET 6/18/13BK Continued on page 3 PAGE 3 Work Order : HAR *193991 *********************************************** * * * * * * * * * * * ** * * * * * * * * * * * * * * * * ** Part No Job# Description.. PARTS *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Qty Price Total 0232385 1 FRONT MNT BRACKET FOR JACK 15597 4 6' A/V CABLE 19512 8 STILE,3 /4X4 "VINTAGE MAPLE 19774 8 3/4" STILE 2.00 1.00 1.00 1.00 W -N /C- W -N /C- W -N /C- W -N /C- *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Lab Code Job# Description LABOUR Total *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** N N N N N N N N N N 1 JACK BRACKETS 2 3 4 5 6 7 8 8 8 REBUILD CABINET * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Excode Job# Description * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FRT 1 JACK BRACKET SS2 9 SHOP SUPPLIES FRT 8 FREIGHT (EXT) Customer Signature: MB MB MB MB MB MB MB MB MB MB W W W W W W W W W W - N /C- -N/C- -N/C- -N/C- - N/C- -N/C- - N/C- -N/C- - N/C- - N/C- ****************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** EXTRAS Qty Price Total ****************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT REPAIR COMPLETION DATE OWNER NOTIFIED OF COMPLETION @ TIME DATE DATE RELEASED /COLLECTED 1.00 1.00 1.00 W 0.00 Parts Total: Labour Total: Sublet Total: Extras Total: Work Order Total: - N /C- 0.00 - N /C- 0.00 0.00 0.00 0.00 0.00 Date: 16 AUG 2013 I /WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I /WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I /WE HAVE INSPECTED MY /OUR VEHICLE AND HAVE EXAMINED THE WORK DONE. I /WE CONFIRM Continued on page 4 • PAGE 4 Work Order : HAR *193991 PRAT THE WORK HAS BEEN COMPLETED TO MY /OUR SATISFACTION. SIGNATURE OF OWNER WO Date: Tag #: Author: Stock No: Year: Manufacturer: Brand: Model: Length: Serial #: Chassis #: Miles /Hrs: Purchased Date: Warranty Date: Date In: GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717 - 657 -3747 CUSTOMER WORK ORDER # HAR *193879 15 APR 13 6718 BRIAN.KREIDER 327626 2013 THOR MOTOR COACH CHALLENGER 37GT 37'0" CHD37GT0107873 1F66F5DY7D0A00009 848 30 OCT 12 30 NOV 12 15 APR 13 First Name: GLORIA J Customer Name: 1143411 - HASLUP, GLOR Address: 20 LINE DRIVE : GETTYSBURG, PA Postal /Zip: 17325 Phone #(res): 443 - 618 -9967 Phone #(bus): Cell Phone: 443 - 618 -9967 ExtW Co: ExtW No: Email: NextAction Date: 26 APR 13 Completed Date: 19 APR 13 Invoice #: k * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Job # Description JOB INFORMATION ********.*************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 COMPLAINT: CORRECTION: 2 COMPLAINT: CORRECTION: 3 COMPLAINT: CORRECTION: 4 COMPLAINT: CORRECTION: Continued on page 2 C/S THAT THERE ARE 4 OR 5 ELECTRICAL OUTLET THAT DO NOT WORK, THE TVS DO NOT WORK FOUND THAT THERE IS A CONVERTER UNDER THE BED THAT HAD A TRIPPED BREAKER RESET THE BREAKER HAD TO TEAR THE BED APART TO FIND IT 4/16/13 CORRECTION ON REPAIR IT IS THE INVERTER THAT WAS LOCATED UNDER THE BED AND THE TECHNICIAN AND THE SERVICE MANAGER SPENT AN HOUR TRYING TCORRECT THE ISSUE AND THAT IS WHEN THE FOUND THE RESET BUTTON LOCATED ON TOP OF THE INVERTER. THE CUSTOMER WAS NOT EVEN AWARE HE HAD AN INVETER THERE WE ARE ASKING FOR AN ADDITIONAL HOUR AS WE HAD TO SPEND TIME TO LOCATE THIS C/S THAT TNEITHER SHADE AT THE DRIVERS WINDSHIELD DO NOT WORK RESET THE SHADES THAT THE DASH LIGHT OVER THE DRIVERS EAT DOES NOT WORK LIGHT WORKS WITH HEADLIGHT DOME SWITCH C/S THAT THE TOILET WILL NOT FLUSH THE VALVE THAT GOES TO THE BACK IS BROKEN ORDERED THE TOLIET SWITCH PART REC'D 4.18 (EK) PAGE 2 Work Order : HAR *193879 REPLACED VALVE 3 C/S THAT THE DRIVERS SIDE WIPER BLADE DOES NOT GO ALL THE WAY OVER 5 COMPLAINT: C/S THAT THE RECLINER DOES NOT COME OUT RIGHT YOU HAVE TO PLAY WITH THE HANDLE TO GET IT TO COME OUT CORRECTION: NO PROBLEM FOUND 7 COMPLAINT: C/S THAT THE LEVELING SYSTEM DOES NOT WORK CORRECTION: RESET THE LEVELING SYSTEM 9 COMPLAINT: C/S THAT THE DOOR SHOCK IS LEAKING CORRECTION: DOOR SHOCK IS LEAKING HAD TO REPLACE THE SHOCK WARR COMPLAINT: JOB 1 - .2 +.5= .7TOTAL PA077496 JOB 2 - .2 JOB 3,5,6 - NPF NOT COVERED JOB 7 - .3 JOB 8 - .2 AUTH #PA077402 4/16 CAUSE: JOB 4 - .5 FROM DOMETIC - THEY ARE SENDING PART *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Part No Job# Description PARTS Qty Price Total *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 385311641 4 TOILET VALUE 1.00 W -N /C- CW49805 8 GAS PROP 20 INCH 40LBS 1.00 W -N /C- *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Lab Code Job# Description LABOUR Total **************************.********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DIAG 1 DIAG TIME SH W -N/C- N 2 SHADES RESET SH W -N /C- DIAG 4 DIAG TIME SH W -N/C- N 4 MB W -N /C- N 7 LEVELING JACKS SH W -N /C- N 8 DOOR SHOCK SH W -N /C- Parts Total: Labour Total: Sublet Total: Extras Total: Work Order Total: 0.00 0.00 0.00 0.00 0.00 Customer Signature: Date: 16 AUG 2013 DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT REPAIR COMPLETION DATE Continued on page 3 PAGE 3 Work Order : HAR *193879 OWNER NOTIFIED OF COMPLETION O TIME DATE JATE RELEASED /COLLECTED I /WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I /WE - JEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I /WE HAVE INSPECTED MY /OUR.VEHICLE AND HAVE EXAMINED THE WORK DONE. I /WE CONFIRM THAT THE WORK HAS BEEN COMPLETED TO MY /OUR SATISFACTION. SIGNATURE OF OWNER WO Date: Tag #: Author: Stock No: Year: Manufacturer: Brand: Model: Length: Serial #: Chassis #: Miles /Hrs: Purchased Date: Warranty Date: Date In: GRUMBINES RV CENTER 7501 ALLENTOWN BLVD HARRISBURG PA US 17112 717- 657 -3747 CUSTOMER WORK ORDER # HAR *192111 10 JAN 13 BRIAN.KREIDER 327626 2013 THOR MOTOR COACH CHALLENGER 37GT 37'0" CHD37GT0107873 1F66F5DY7D0A00009 1100 30 OCT 12 30 NOV 12 10 JAN 13 First Name: Customer Name: Address: Postal /Zip: Phone #(res): Phone #(•bus): Cell Phone: ExtW Co: ExtW No: Email: NextAction Date: Completed Date: Invoice #: GLORIA J 1143411 - HASLUP, GLOR 20 LINE DRIVE GETTYSBURG, PA 17325 443 - 618 -9963 443 - 618 -9967 25 JAN 13 24 JAN 13 912864 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Job # Description JOB INFORMATION *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** INS2 COMPLAINT: PA STATE INSPECTION -MOTOR HOMES CORRECTION: LF AND RR BRAKES ARE 14B AND TIRES ARE 12/32 STICKER #AI2 - 9618315 EXP 1/14 1 COMPLAINT: C/S THAT THE SUNSHADE DOES NOT GO UP CORRECTION: SUNSHADES WERE GOING TO FAR THEY NEEDED TO BE ADJUSTED ASKING FOR .4 2 COMPLAINT: C/S THAT THE DASH AIR VENT FELL INTO THE DASH CAUSE: THE VENT WENT DOWN INTO THE HOSE, PULLED HOSE OFF OF BOX AND REATTACHED VENT ASKING FOR .3 3 COMPLAINT: C/S THAT THE SEAL AROUND THE OUTSIDE TV IS BAD CAUSE: THE SEAL AROUND THE TV COMPARTMENT ON THE. OUTSIDE IS PULLING OFF IT NEEDS A NEW SEAL ASKING FOR 1 HOUR TO REMOVE SEAL CLEAN AND REINSTALL A NEW SEAL CORRECTION: REQ REC'D 1.10 / ORDERD 1.11 (EK) PARTS REC'D 1/15/13 4 COMPLAINT: C/S THAT WHEN THEY OPENED THE WET BAR DOOR THAT THE SHOCK PULLED OUT OF THE FRAME CAUSE: THE SCREW HEADS BROKE OFF NEED TO DRILL OUT HEADS AND REINSTALL NEW SCREWS AND REINSTALL SHOCK Continued on page 2 PAGE 2 Work Order : HAR *192111 AARR JOB 1 - .3 JOB 2 - .3 JOB 3 - .4 AUTH #PA070505 1 /10 JOB 4 - .5 AUTH #PA070510 1/10 Part No * * * * * * ** )246261 Lab Code • *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Job# Description PARTS Qty Price Total *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 3 D SEAL 12.00 W -N /C- *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Job# Description LABOUR Total *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** INS2 INS2 PA STATE INSPECTION MH NI 1 SUNSHADE 2 DASH AIR VENT N 3 4 WET BAY DOOR * * * * * * ** Excode * * * * * * ** PASTK SSU MB MB MB MB MB W W W W 68.00 - N /C- -N/C- - N/C- -N/C- *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Job# Description EXTRAS* Qty Price Total *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** INS2 PA STATE INPECTION STICKER INS2 SHOP SUPPLIES (EXT) Customer Signature:. DATE VEHICLE DROPPED OFF DATE OF APPOINTMENT REPAIR COMPLETION DATE OWNER NOTIFIED OF COMPLETION @ TIME DATE DATE RELEASED /COLLECTED 1.00 2.00 1.00 6.80 Parts Total: Labour Total: Sublet Total: Extras Total: Tax Total: Work Order Total: 2.00 6.80 0.00 68.00 0.00 8.80 4.61 81.41 Date: 16 AUG 2013 I /WE, THE UNDERSIGNED, ACKNOWLEDGE THE FOREGOING AS FACTUAL AND I /WE HEREBY ACKNOWLEDGE RECEIPT OF THE COMPLETED WORKORDER. I /WE HAVE INSPECTED MY /OUR VEHICLE AND HAVE EXAMINED THE WORK DONE. I /WE CONFIRM THAT THE WORK HAS BEEN COMPLETED TO MY /OUR SATISFACTION. Continued on page 3 EXHIBIT B b DAVID J. GORBERG & ASSOCIATES,P.C. BY: DAVID J. GORBERG IDENTIFICATION NO.: 53084 700 TIMES BUILDING SUBURBAN SQUARE ARDMORE, PA 19003 215- 665 -7660 Attorney for Plaintiffs JAMES & GLORIA HASLUP vs THOR INDUSTRIES, INC. : COURT OF COMMON PLEAS : NO. 12- 7297 -CIVIL AFFIDAVIT OF SERVICE UNDER PRCP #2082 SG_ :z: WJ ' NYr 11102 !:► %1 tlr., • 't'1t1•'' t 7 ?1 J!} ' .. .i.11 t'..; EXHIBIT C DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Identification No.: 53084 32 Parking Plaza Suite 700 Ardmore, PA 19003 215- 665 -7660 0000000000000000000000000000000 0 James & Gloria Haslup 20 Line Drive Gettysburg, PA 17325 vs. Thor Industries, Inc. 701 Country Road 15 Elkhart, IN 46516 and Thor Motor Coach, Inc 701 Country Road 15 Elkhart, IN 46516 00000000000000000000000000E000000 Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland NO. 13- 7297 -CIVIL PROPOSED AMENDED COMPLAINT 1. Plaintiff, James & Gloria Haslup, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing 20 Line Drive, Gettysburg, PA 17325. 2. Defendant, Thor Industries, Inc., parent company of Thor Motor Coach, Inc 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 701 Country Road 15, Elkhart, IN 46516. 2(a) Defendant Thor Motor Coach Inc a subsidiary of defendant Thor Industries, Inc. 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 701 Country Road 15, Elkhart, IN 46516. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about November 30, 2012, Plaintiff purchased a new 2013 Thor Motor Coach Challenger 37GT (hereinafter referred to as the "vehicle "), manufactured and warranted by Defendant bearing the Vehicle Identification Number 1 F66F5DY7D0A00009. 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 $206,081.05. 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. The warranty booklet is attached and marked as Exhibit "A." 8. On or about November 30 2012, 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, air conditioning, water leak, electricity & windshield separation. Copies of repair receipts are attached hereto and marked as Exhibit "B". 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 its 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 I 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. The written warranty is attached hereto as Plaintiff's Exhibit "A." 24. Defendant failed to make effective repairs. 25. 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. 26. 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. 27. 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 the diminution in value of the vehicle, plus all available collateral changes and attorney fees. Amount not in excess of $75,000.00. COUNT II UNIFORM COMMERCIAL CODE 28. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if fully set forth at length herein. 29. 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. 30. The purpose for which Plaintiff purchased the vehicle include but are not limited to his personal, family and household use. 31. 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. 32. 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. 33. Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendant to honor its express and implied warranties. 34. 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. 35. While Plaintiff acknowledges that the vehicle was purchased in New York, the Pennsylvania Uniform Commercial Code applies in this case as the Plaintiff resides in Pennsylvania and the breach of warranty occurred in this state. As evidenced by the attached repair orders, all defects were found in Pennsylvania and repaired by a dealership in Harrisburg. It was at this dealership in Harrisburg that the defects were unable to be fixed in a reasonable amount of time, thus breaching the warranty. As Pennsylvania is the location of the injury, Pennsylvania law applies. WHEREFORE, Plaintiff respectfully demands judgment in his favor and against the Defendant in an amount equal to the diminution in value of the vehicle. Amount not in excess of $75,000.00. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 36. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if set forth at length herein. 37. 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. 38. 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. 39. 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 $75,000.00. DAVID J. GORBERG & ASSOCIATES, P.C. BY: DAV RBERG, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, after having read the attached pleading verifies that the within Petition to Amend 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 Petition to Amend Complaint is that of counsel and not of signer. Signer verifies that he has read the within Petition to Amend 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 Petition to Amend 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. Date: 340C1 X /S/ David J. Gorberg DAVID J. GORBERG JAMES AND GLORIA HASLUP, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. THOR INDUSTRIES, INC., DEFENDANT : NO. 13-7297 CIVIL ORDER OF COURT AND NOW, this 1st day of April, 2014, upon consideration of the Plaintiff's Motion to Amend Complaint, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 25, 2014; 3. Upon receipt of the Defendant's Answer, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., 3<;id J. Gorberg, Esquire Attorney for Plaintiff Anthony Williott, Esquire Defendant bas Ce) er nat. tc_c( 2/ Ott 'f M TNT fRfl TfI4,di I- �-_• t,IZ f 2014 4PR 25 0111103 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. THOR MOTOR COACH, INC. Defendant. 12/2109837.v1 No: 13 — 7297 Civil PRAECIPE FOR APPEARANCE Filed on behalf of Defendant, Thor Motor Coach, Inc. Counsel of record for this party: Anthony J. Williott, Esquire PA ID No. 43684 Marshall, Dennehey, Warner, Coleman & Goggin 2900 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412 - 803 -1140 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. THOR MOTOR COACH, INC. Defendant. No: 13 — 7297 - Civil PRAECIPE FOR APPEARANCE Kindly enter the appearances of Anthony J. Williott, Esquire, and Marshall Dennehey Warner Coleman & Goggin on behalf of Defendant Thor Motor Coach, Inc. in the above - captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN f_ By: Anthony J. ‘1( , Esquire CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for Appearance has been served upon the following known counsel of record this 24th day of April 2014, via United States First -Class Mail, postage prepaid: David J. Gorberg, Esquire David J. Gorberg & Associates 32 Parking Plaza, Suite 700 Ambler, PA 19003 By: • Anthony J. W +� ' ,Esquire EA.E0-01=FICE C THE PROTHONOTARY 2014 APR 25 AM I 03 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs., vs. THOR MOTOR COACH, INC. Defendant. 12/2109837.v1 No: 13 — 7297 Civil RESPONSE TO PLAINTIFFS' MOTION FOR LEAVE TO AMEND COMPLAINT Filed on behalf of Defendant, Thor Industries, Inc. Counsel of record for this party: Anthony J. Williott, Esquire PA ID No. 43684 Marshall, Dennehey, Warner, Coleman & Goggin 2900 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412-803-1140 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. THOR MOTOR COACH, INC. Defendant. No: 13 — 7297 - Civil RESPONSE TO PLAINTIFFS' PETITION TO AMEND COMPLAINT 1. It is admitted that Plaintiffs filed a Complaint against this Defendant, although it appears the date of filing was December 11, 2013, 2. Denied as a conclusion of law. The Complaint is a pleading which speaks for itself. 3. Denied as stated. It is admitted the Complaint was served upon Defendant Thor Industries, Inc., in mid-December 2013 and that Thor Motor Coach, Inc., is a subsidiary of Thor Industries, Inc. However, they are separate corporations operating out of separate locations with different directors and officers. 4. Denied. 5. No response required, as this is a legal conclusion. 6. Denied as argumentative and conclusory. Responding further, there has been an undue delay, as Plaintiffs were first placed on notice that they had sued the wrong party in early January 2014, in Defendant's Preliminary Objections. 7. Denied as argumentative and conclusory. Responding further, no prejudice will result to Plaintiffs if they have no viable possible right of recovery against the new Defendant. WHEREFORE, Defendant Thor Industries, Inc., respectfully requests this Honorable Court deny Plaintiffs' Motion to Amend Complaint. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: LiI / hony J. Wi71 r squire CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Response to Plaintiffs' Motion for Leave to Amend Complaint has been served upon the following known counsel of record this 24th day of April 2014, via United States First -Class Mail, postage prepaid: David J. Gorberg, Esquire David J. Gorberg & Associates 32 Parking Plaza, Suite 700 Ambler, PA 19003 By: thony J. ' 1 tt, Esquire F _EU-OFF F: 01: THE PRO THOHO T R'( 2014APR25 AMI1' :03 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. THOR MOTOR COACH, INC. Defendant. 12/2109846.v1 No: 13 — 7297 Civil ANSWER TO PLAINTIFFS' PETITION TO AMEND COMPLAINT Filed on behalf of Defendant, Thor Motor Coach, Inc. Counsel of record for this party: Anthony J. Williott, Esquire PA ID No. 43684 Marshall, Dennehey, Warner, Coleman & Goggin 2900 U.S. Steel Tower 600 Grant Street Pittsburgh, PA 15219 412- 803 -1140 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES HASLUP and GLORIA HASLUP, Plaintiffs, vs. THOR MOTOR COACH, INC. Defendant. No: 13 — 7297 - Civil ANSWER TO PLAINTIFFS' PETITION TO AMEND COMPLAINT 1. It is admitted that Plaintiffs filed a Complaint against Thor Industries, Inc., on or about December 11, 2013, based on information and belief. 2. Denied as legal conclusions, as the Complaint is a written pleading which speaks for itself. 3. Denied as stated. It is admitted that Plaintiffs' Complaint was served upon Thor Industries, Inc., in mid - December 2013. It is admitted further that Thor Motor Coach, Inc., is a subsidiary of Thor Industries, Inc. However, they are separate corporations operating at separate locations. Thor Industries, Inc., is located at 601 East Beardsley Avenue, Elkhart, Indiana. Thor Motor Coach, Inc., is located at 701 CR 15, Elkhart, Indiana. The officers and directors of the two corporations are different. 4. Denied as argumentative and conclusory. Responding further, Plaintiffs' Complaint should not be amended to add Thor Motor Coach, Inc., as a Defendant because Plaintiffs have no potentially viable claims against Thor Motor Coach, Inc. 5. Denied as a conclusion of law. r 6. Denied as argumentative and conclusory. Responding further, there has been undue delay in requesting to Amend the Complaint, since Plaintiffs were placed on notice in early January that they had sued the wrong party. Responding further, Thor Motor Coach, Inc., would be unduly prejudiced by the addition of it as a Defendant to the case because it would have to defend a meritless lawsuit. 7. Denied as argumentative and conclusory. Responding further, Plaintiffs will not be prejudiced in any way because they have no right of recovery against Thor Motor Coach, Inc., for the reasons set forth more fully in the accompanying Memorandum of Law. WHEREFORE, Defendant Thor Motor Coach, Inc., respectfully requests this Honorable Court deny Plaintiffs' Petition to Amend Complaint. Respectfully submitted, By: MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Answer to Plaintiffs' Petition to Amend Complaint has been served upon the following known counsel of record this 24th day of April 2014, via United States First -Class Mail, postage prepaid: David J. Gorberg, Esquire David J. Gorberg & Associates 32 Parking Plaza, Suite 700 Ambler, PA 19003 By: JAMES AND GLORIA HASLUP, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. THOR INDUSTRIES, INC., DEFENDANT : NO. 13 -7297 CIVIL ORDER OF COURT AND NOW, this 29th day of April, 2014, upon consideration of the Plaintiffs Motion to Amend their Complaint, and the Defendant's Answer thereto; IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion to Amend is hereby GRANTED allowing Plaintiff to amend the complaint and add Additional Defendant, Thor Motor Coach, Inc. Plaintiff is directed to file its amended complaint adding Thor Motor Coach, Inc., as an Additional Defendant within 20 days of the date of this Order. By the Court, vid J. Gorberg, Esquire Attorney for Plaintiff -thony Williott, Esquire Defendant bas /1&I'LL_ y /a4 %iY C") rnm cn r- :01 WV 6dI DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Identification No.: 53084 32 Parking Plaza Suite 700 Ardmore, PA 19003 215-665-7660 James & Gloria Haslup 20 Line Drive Gettysburg, PA 17325 VS. Thor Industries, Inc. 701 Country Road 15 Elkhart, IN 46516 and Thor Motor Coach, Inc 701 Country Road 15 Elkhart, IN 46516 Attorney for Plaintiff 4� + 7.13 (f) :) -:1 C7 r., COURT OF COMMON PLEAS Cumberland NO. 13 -7297 -CIVIL AMENDED COMPLAINT 1. Plaintiff, James & Gloria Haslup, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing 20 Line Drive, Gettysburg, PA 17325. 2. Defendant, Thor Industries, Inc., parent company of Thor Motor Coach, Inc 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 701 Country Road 15, Elkhart, IN 46516. 2(a) Defendant Thor Motor Coach Inc a subsidiary of defendant Thor Industries, Inc. 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 701 Country Road 15, Elkhart, IN 46516. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about November 30, 2012, Plaintiff purchased a new 2013 Thor Motor Coach Challenger 37GT (hereinafter referred to as the "vehicle"), manufactured and warranted by Defendant bearing the Vehicle Identification Number 1F66F5DY7D0A00009. 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 $206,081.05. 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. The warranty booklet is attached and marked as Exhibit "A." 8. On or about November 30 2012, 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, air conditioning, water leak, electricity & windshield separation. Copies of repair receipts are attached hereto and marked as Exhibit "B". 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 its 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 I 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. The written warranty is attached hereto as Plaintiff's Exhibit "A." 24. Defendant failed to make effective repairs. 25. 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. 26. 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. 27. 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 the diminution in value of the vehicle, plus all available collateral changes and attorney fees. Amount not in excess of $75,000.00. COUNT II UNIFORM COMMERCIAL CODE 28. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if fully set forth at length herein. 29. 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. 30. The purpose for which Plaintiff purchased the vehicle include but are not limited to his personal, family and household use. 31. 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. 32. 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. 33. Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendant to honor its express and implied warranties. 34. 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. 35. While Plaintiff acknowledges that the vehicle was purchased in New York, the Pennsylvania Uniform Commercial Code applies in this case as the Plaintiff resides in Pennsylvania and the breach of warranty occurred in this state. As evidenced by the attached repair orders, all defects were found in Pennsylvania and repaired by a dealership in Harrisburg. It was at this dealership in Harrisburg that the defects were unable to be fixed in a reasonable amount of time, thus breaching the warranty. As Pennsylvania is the location of the injury, Pennsylvania law applies. WHEREFORE, Plaintiff respectfully demands judgment in his favor and against the Defendant in an amount equal to the diminution in value of the vehicle. Amount not in excess of $75,000.00. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 36. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if set forth at length herein. 37. 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. 38. 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. 39. 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 $75,000.00. DAVID J. GORBERG & ASSOCIATES, P.C. BY: VID J. GORBERG, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, after having read the attached pleading verifies that the within Amended 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 Amended Civil Action Complaint is that of counsel and not of signer. Signer verifies that he has read the within Amended 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 Amended 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. Date: orberg AVID J. GORBERG DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Attorney for Plaintiff IDENTIFICATION NO. 53084 700 Times Building Suburban Square Ardmore, PA 19003 (215)665-7660 JAMES & GLORIA HASLUP vs. THOR MOTOR INDUSTRIES, INC. : COURT OF COMMON PLEAS NO. 13-7297 - 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. DAVID J. GORBERG, ESQUIRE Attorney for Plaintiff