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HomeMy WebLinkAbout13-7403 12/16/2013 14:01 717- 635 -2062 JOSEPH GOLDBERG PAGE 02/02 Supreme C nnsylvania COU HIi !I! •�, leas Court The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the ftlinz and service of pleadings or other papers as required by law or rules o court. ! ! I: Commencement of Action: 0 Complaint ® Writ of Summons 0 Petition: ! ' ❑ Transfer from Another Jurisdiction I li ®Declaration of Taking Lead Plaintiff's Name: read Defendant's Nance: I� Kenneth Bruce Gamer Toyota Motor Sales, U.S.A., Inc. ? I; Are money damages requested? ®Yes [3 No Dollar Amount Requested: Mvvithin arbitration limits (check o ) ❑outside'arbitrationlimits y Is this a Class Action Suit? ® Yes ® No Is this an MDJA,ppeal? ❑ Yes S No Name of Plaintiff/Appellant's Attorney: Joseph K. Goldberg e�aljlf ❑ Check here ifyou have no attorney (ar a Self - Represented (Pro Sc] Litigant) !, apt• inrr..ill "'' "I 1 i!!'19;;i 5 ; ,.. :'191!m II'Ik "" I ' 'li'i C N ' x t ' ; i S;il u, °i:;u ;I : I •. ;, ; ;r ' �,,,,• . ' �r;'d:�;t��l�� •` is ' U 'i i� I{ 'I 11' 1;' � �i " �.. f I ?�riir;t?U II t'll I' 'I +'f , • ;�� ri, 5;k r:i!in � r ' � i i•�,y t ! I I % I }�� ?Ifi' f:; I;I ,IL: �,(: (r �. I ,18, • I d' ! {c;�,,�!l!?'r;;n n,•,i t �� ��s`I!3i '�'�''���`,. : ICI °FI ..1,•, ..�Y'' I � - ':I .. � }�3� I::;:� �:;'. :;r: i{:i .. ,'.,._�. ::: ❑: ') , i::'I;" Iil ..,, III '�;�' na'., ai v�r. I V I' :�,•v, I' ' i b:. 1rIEa �.. •r rr' ��:i :i;!.i,;;ili� Il „��,I.1 �' 1 ft I� :� .ad ::° :L�� Flu, I � dil. I !''' , I,. '.: n. �'I';y. �' d . ra.,.: rit Iu �I 1!!�''� r. r, I'r. 7r^1 �:r `1"!CI:�.: {; f'L•, � I,.::�:: I ;I a... �;� ii 111 (,: t►. li ,1 ; i �!A,„ �,:.il� II ( . ,..,!� t1 1 f'; .• I. I l f t , i g ti4 ..I � I � ,o ,iP'i r,:, „ � ..�. • � I � N, �����! . ��511:? . 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I TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CP, A1P;PIiALS Intentional ®Duycr Plaintiff Administrative Agencies ® Malicious Prosecution ®Debt Collection: Credit Card ® Motor Vehicle ®1loard of Assessment r ® Nuisance ®Debt Collection: Other ® Board of Elections ❑ Premises Liability ® Dept of Transportation —.. ® I i i ®Product Liability (does not include Statutory Appeal: Other mass to ❑ Employment Dispute: ®Slander/Libel/ Defamation Discrimination ® Other: O F- Imployment Dispute: Other ® Zoning Board II E3 Other: i M other ' MASS TORT 14 ® Asbestos ❑ Tobacco II ® Toxic Tort - DES ® Toxic Tort - implant REAL PROPERTY ❑ To)dc waste NUSCELLAN EOUS ti ❑ Other. FjecUmcnt ® Common Law /Statutory Arbitration ® Eminent Domain/Condemnation ® Declaratory Judgment �I ® Ground Rent ❑ Mandamus U I� ® Landlord/Tenant Dispute © Non - Domestic Relations PROFESSIONAL LIADLITX ® Mortgage Foreclosure: Residential Restraining Order ® Mortgage Foreclosure: Commercial E3 Quo Warranto t ® Dental 0 Partition 0 Legal ®Replevim I ® Quiet Title ® Other: ® Medical ® Other: Lemon Law l ® Other Professional: lfl . Updated 111/1011 L - OFF Joseph K. Goldberg, Esquire P r ` 110 HONG A R Y 2080 Linglestown Road, Suite 106 23 DEC Harrisburg, PA 17110 16 PH 12 59 jgold erg @s00 be law.com CU MuER AIC COUNTY PA ID # 678 ENNSc YLVANIA -------------------------------------- KENNETH BRUCE GARNER, JR. and IN THE COURT OF COMMON PLEAS LINDA DIANE GARNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs h V. N0. TOYOTA MOTOR SALES, U.S.A., CIVIL ACTION - LAW INC, Defendant JURY TRIAL DEMANDED 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 PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO 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 �+ V 3..7 s a� d Pa I-) LL e l Ll Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 . (717) 703 -3600 jgoldberg@ssbc -law. com PA ID #46 78 2 -------------------------------------- KENNETH BRUCE GARNER, JR. and IN THE COURT OF COMMON PLEAS LINDA DIANE GARNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 1 V. NO. J lU TOYOTA MOTOR SALES, U.S.A., CIVIL ACTION - LAW INC, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW COME Plaintiffs, Kenneth Bruce Garner, Jr. and Linda Diane Garner, by and through their attorney, Joseph K. Goldberg, who bring this action under the Pennsylvania Automobile Lemon Law (hereinafter "Lemon Law "), 73 P.S. § 1951, et seq.; the Pennsylvania Unfair Trade Practices and Consumer Protection Law (hereinafter "Consumer Protection Law "), 73 P.S. § 201 -1, et seq, and the Magnuson - Moss Warranty Act, 15 U.S.C. § 2301, et seq., and in support thereof aver as follows: PARTIES AND VENUE 1. Plaintiffs, Kenneth Bruce Garner, Jr. and Linda Diane Garner, are adult individuals who reside at 20 Ken -Lin Drive, Dillsburg, PA 17019. 2. Defendant, Toyota Motor Sales, U.S.A., Inc., is a wholly -owned subsidiary of Toyota Motor Corporation and is a business corporation with its principal place of business at 19001 South Western Avenue, Torrance, CA 90509 -2991. Defendant is qualified to conduct business in Pennsylvania and regularly does so. 3. Defendant is a "manufacturer" — as that term is defined by § 1952 of the Lemon Law — of motor vehicles and sells its products through licensed dealers, including in Cumberland County through Bobby Rahal Toyota- Scion, 6711 Carlisle Pike, Mechanicsburg, Cumberland County, PA 17050. 4. The below- described warranty from Defendant was provided to Plaintiffs in Cumberland County, thereby making this court the proper venue for this action. BACKGROUND AND FACTS 5. On August 20, 2012, Plaintiffs purchased a new motor vehicle, warranted by Defendant, from Bobby Rahal Toyota- Scion, in Cumberland County. 6. The vehicle purchased is a 2012 Tacoma truck, Vehicle Identification Number 3TMMU4FN9CM048632. 7. Plaintiffs purchased the vehicle primarily for personal, family and household purposes. 8. From the time of purchase to the present, the vehicle has been titled in the Commonwealth of Pennsylvania. 9. At the time of purchase, Plaintiffs received a written warranty from Defendant, a copy of which is attached hereto as Exhibit A. 10. From the date of purchase, the vehicle manifested a defect which substantially impairs its use, value or safety, and which continues through the present. 11. This nonconformity is a severe, abnormal vibration which occurs regularly when the vehicle is driven normally at various speeds. 12. The first appearance of the nonconformity occurred on the date of purchase. 2 13. Plaintiffs' first report of the nonconformity to Defendant took place on approximately August 22, 2012, with 238 miles on the vehicle's odometer, by Plaintiffs taking the vehicle to the selling dealer as instructed by Defendant's warranty. 14. On August 24, 2012, when the problem occurred again, Plaintiffs took the vehicle back to the selling dealer for the same problem. 15. On August 31, 2012, when the problem occurred again, Plaintiffs took the vehicle back to the selling dealer a third time for the same problem. 16. On August 31, 2012, Defendant's representative inspected and drove the vehicle. 17. Defendant's representative acknowledged the existence of the vibration, but refused to treat the nonconformity. 18. On July 1, 2013, Plaintiffs reported the problem by telephone directly to Toyota Customer Experience Center, as instructed by Defendant's warranty. Defendant opened Case File No. 130 - 605 -1614 as a result of the reporting. 19. On August 7, 2013, Hanover Toyota, an authorized repair facility for Defendant, made repairs in an attempt to eliminate the nonconformity. The attempt was unsuccessful. 20. The nonconformity cannot be corrected in a meaningful way which eliminates the substantial impairment to the use, value or safety of Plaintiffs' vehicle. COUNT VIOLATION OF THE LEMON LAW 21. Paragraphs 1 through 20 are incorporated herein by reference as if fully set forth herein. 3 22. The vehicle sold to Plaintiffs contains a nonconformity which substantially impairs the use, value and safety of the vehicle. 23. The nonconformity cannot be remedied in a meaningful way that eliminates the substantial impairment to Plaintiffs' vehicle. 24. The above constitutes a violation of the Lemon Law. 25. Plaintiffs have exhausted all required remedies required prior to institution of this action. WHEREFORE, Plaintiffs respectfully request this Honorable Court grant judgment in favor of Plaintiffs and against Defendant as follows: a) judgment in the amount of $33,240.20 (which represents Plaintiffs' entire purchase price of the vehicle, plus all collateral charges, less rebate supplied by Defendant), plus interest paid on their automobile loan, less a reasonable allowance for usage prior to the first occurrence of the defect not to exceed the lesser of $.10 per mile driven prior to the first report of the defect; b) an award of Plaintiffs' attorney's fees and all costs; and c) such other relief the court deems just and proper. COUNT 11 VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 26. Paragraphs 1 through 25 are incorporated herein by reference as if fully set forth herein. 27. At all times relevant hereto, Defendant was engaged in trade or commerce as defined in § 201 -2(3) of the Consumer Protection Law, 73 P.S. § 201- 4 2(3). 28. Pursuant to § 201 -9.2 of the Consumer Protection Law, Plaintiffs aver that Defendant's acts violate Section 3 of the Consumer Protection Law, 73 P.S. § 201 -3, by violating the following subsections of § 201 -2(4) of the Consumer Protection Law, 73 P.S. § 201 -2(4): (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (ix) Advertising goods or services with intent not to sell them as advertised; (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; (xxii) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 29. Defendant's violations of the Lemon Law, as alleged in Count I, are also violations of the Consumer Protection Law by virtue of the Lemon Law at 73 P.S. § 1961. 30. Plaintiffs reasonably and justifiably relied upon the representations in Defendant's warranty when purchasing the vehicle. 31. As a result of Defendant's violations of the Consumer Protection Law, Plaintiffs have suffered an ascertainable loss of money or property, in that their vehicle is significantly reduced in value. WHEREFORE, Plaintiffs respectfully request this Honorable Court grant 5 1+ judgment in favor of Plaintiffs and against Defendant as follows: a) a judgment in the amount of three times the loss suffered by Plaintiffs as proven at trial of this matter; b) an award of attorney's fees and all costs of Plaintiffs; and, c) such other relief the court deems just and proper. COUNT III VIOLATION OF THE MAGNUSON -MOSS WARRANTY ACT 32. Paragraphs 1 through 31 are incorporated herein by reference as if fully set forth herein. 33. The subject vehicle is a consumer product, the Defendant is a warrantor, and Plaintiffs are consumers as defined by the Magnuson -Moss Warranty Act, 15 U.S.C. § 2301, et seq. 34. At the time of purchase, Defendant provided Plaintiffs with a written warranty for their new motor vehicle. 35. Defendant's failure to correct the defect, despite repeated demand, constitutes a breach of warranty. 36. The aforesaid acts constitute a violation of the Magnuson -Moss Warranty Act. 37. The amount claimed under the Magnuson -Moss Warranty Act, exclusive of costs and attorney's fees, is less than $50,000, thereby vesting exclusive jurisdiction in the courts of this state. WHEREFORE, Plaintiffs respectfully request this Honorable Court grant judgment in favor of Plaintiffs and against Defendant as follows: 6 a) a judgment in the amount of their loss as proven at trial of this matter; b) an award of attorney's fees and all costs of Plaintiffs; and, c) such other relief the court deems just and proper. Respectfully submitted, 2 Jo p o db ,Esquire 2 o Jo ID 467 2080 Lingle st n Road, Suite 106 Harrisburg, A 17110 717- 703 -3600 Dated: /C) �� Attorney for Plaintiffs 7 7 ;i r a ��:. v. , i .,: -, j • � • I ,:.:. ..> �� ?� :a •. >;�:> , F � � �. 2y � l a <�. � �, i i a • � Lti1,�:,�' „: � 5j rt . _ �.•j f LU �� ��'� i • i � �� ;`.! � �� (h � � c _ _ .. _ .._ _ ..__. _ ._ _ _. _. _. _. _. __�.��...w_...a_ w_�_J..,aL s.0 ' t I_ � 4 , � G�. Y Warranty Coverage at a Glance General Warranty Provisions N O O - E E � "- ""... . "' Who Is the Warrantor Repairs Made at No Charge The warrantor for these limited warranties Repairs and adjustments covered by these is Toyota Motor Sales, U.S.A., Inc. warranties are made at no charge for parts i ( "Toyota "), 19001 South Western Avenue, and labor. Torrance, California 90509 -2991, a Parts Replacement California corporation. Any needed parts replacement will be � Which Vehicles Are Covered made using new or remanufactured parts. These warranties apply to all 2012 model The decision whether a art should be ........... year Tacoma vehicles distributed by Toyota repaired or replaced will be made by the that are originally sold by an authorized servicing Toyota dealership and /or Toyota. dealer in the United States and normally Parts scheduled to be replaced as required .......... s operated or touring in the United States, maintenance are warranted until their first U.S. territories or Canada. Warranty replacement only. H coverage is automatically transferred at no Limitations cost to subsequent vehicle owners. The performance of necessary repairs and Multiple Warranty Conditions adjustments is the exclusive remedy under This booklet contains warranty terms and these warranties or any implied warranties. conditions that may vary depending on the Toyota does not authorize any person to part covered. A warranty for specific parts create for it any other obligation or liability 3 9 g g or systems, such as the Powertrain in connection with this vehicle. m Warranty or Emission Performance - _ T E I Warranty, is governed by the coverage set My implied warranty of merchantability - .� - - forth in that warranty as well as the or fitness for a particular purpose is L c - E limited to the duration of these written cc - - - General Warranty Provisions. - a i warranties. Some states do not allow is y o ca m m y =F i When Warranty Begins restrictions on how long an implied m a o c a E o c o d a warranty lasts, so this limitation may not s _ The warranty period begins on the o ff o E E E m� i apply to you. vehicle's in- service date, which is the first CD Q 79 ?°. L'A UP CL g c = a _� o R �t date the vehicle is either delivered to an Your Rights Under Stale Law ca a o G.7 C d y J - 1 5 1 t ultimate purchaser, leased, or used as a e o. a e These warranties give you specific legal _ rA y s£ company car or demonstrator. W " .° i L —� N rights. You may also have other rights that Ma va E y D va from state to state. � ierepe� z elu�otlle� � � 0 2C W to . Introduction Your Warranties in Detail 11 New Vehicle Limited Warranty New Vehicle Limited Warranty WHAT IS COVERED AND HOW LONG WHAT IS NOT COVERED - Basic Warranty Transmission and Transaxle Corrosion Perforation Warranty This warranty does not cover damage or This warranty covers repairs and Case and all internal parts, torque This warranty covers repair or replacement failures resulting directly or indirectly from adjustments needed to correct defects in converter, clutch cover, transmission i of any original body panel that develops any of the following: materials or workmanship f an art mounts, transfer case and all internal perforation from corrosion (rust-through), p y p . Fire, accidents or theft supplied by Toyota, subject to the parts, engine control computer, seals and subject to the exceptions indicated under . Abuse or negligence exceptions indicated under "What Is Not gaskets. "What Is Not Covered" on pages 13 -14. . Misuse — for example, racing or Covered" on pages 13 -14. Coverage is for 60 months, regardless of overloading Front -Wheel -Drive System `; 9 Coverage is for 36 months or i mileage. • Improper repairs Final drive housing and all internal parts, 36,000 miles, whichever occurs first, with . Alteration or tampering, including axle shafts, drive shafts, constant velocity For information on how to protect your the exception of wheel alignment and installation of non - Genuine Toyota wheel balancing, which are covered for joints, front hub and bearings, seals and vehicle from corrosion, see the section Accessories gaskets. entitled "Corrosion Prevention and . Lack of or improper 12 months or 20,000 miles, whichever proper maintenance, occurs first. Rear -Wheel -Drive System Appearance Care" in the Owner's Manual. including use of fluids other than Towing hose specified in the Owner's Manual Powertrain Warranty Axle housing and all internal parts, 9 propeller shafts, U- joints, axle shafts, drive When your vehicle is inoperable due to Parts llation of non Genuine Toyota This warranty covers repairs needed to art, towing correct defects in materials or shafts, bearings, supports, seals and failure of a warranted p g service . Airborne chemicals, tree sap, road workmanship of any component listed gaskets. to the nearest authorized Toyota dealership debris (including stone chips), rail below and in the next column and Restraint Systems Warranty is covered. dust, salt, hail, floods, wind storms, supplied by Toyota, subject to the lightning and other environmental exceptions indicated under "What Is Not This warranty covers repairs needed to conditions correct defects in materials or Water contamination Covered" on pages 13 -14. workmanship of any seatbelt or air bag This warranty also does not cover the Coverage is for 60 months or system supplied by Toyota, subject to the following: 60,000 miles, whichever occurs first. exceptions indicated under "What Is Not Engine Covered" on pages 13 -14, Tires Cylinder block and head and all internal Coverage is for 60 months or Tires are covered by a separate warranty p g gears and gaskets, timing 60,000 miles, whichever occurs first. provided by the tire manufacturer. See arts timing page 28. chain /belt and cover, flywheel, valve For vehicles sold and registered in the covers, oil pan, oil pump, engine mounts, state of Kansas, the warranty for seatbelts Normal Wear and Tear turbocharger housing and all internal and related components is 10 years, Noise, vibration, cosmetic conditions and parts, supercharger housing and all regardless of mileage. other deterioration caused by normal wear internal parts, engine control computer, and tear. water pump, fuel pump, seals and gaskets. i 12 Your Warranties in Detail Your Warranties in Detail 13 New Ve hicle Li m i ted Warranty New Vehicle Limited Warranty DISPUTE RESOLUTION { G Maintenance Expense Disclaimer of Extra Expenses and.. if a dispute arises regarding your warranty Normal maintenance services such as: Damages coverage, please follow the steps { The performance of necessary repairs described under "if You Need Assistance" • Engine tune -ups on pages 8 -9. Please note that ou must and adjustments is the exclusive. p g y . Replacement of fluids and filters use the Dispute Settlement Program (or, in I' remedy under this warranty or any � • Lubrication implied warranty. Toyota does not . California, the CDSP) before seeking • Cleaning and polishing authorize any person to create for it remedies through a court action pursuant • Replacement of spark plugs and fuses any other obligation or liability in., to the Magnuson -Moss Warranty Act. You • Replacement of worn wiper blades, connection with this vehicle. Toyota may also be required to use the Dispute brake pads /linings and clutch linings shall not be liable for incidental or Settlement Program or CDSP before Vehicles With Altered Odometer consequential damages resulting from seeking remedies under the "Lemon Laws" Failure of a vehicle on which the odometer breach of this written warranty or any of your state. Please check the appropriate of the Owner's Warranty Ri ghts li warranty. page h' hts has been altered so that actual vehicle 9 im lie warrant An implied p lied ry Y p r of merchantability or fitness for Notification booklet (located in you glove mileage cannot be readily determined. particular purpose is limited to the box) for the requirements applicable to this state. Salvage or Total - Lass Vehicles duration of h is wri i tten warran except in states where -.this limitation is Any vehicle that has ever been issued a not allowed. "salvage" title or similar title under any state's law; or has ever been declared a "total loss" or equivalent by a financial I! institution or insurer, such as by payment for a claim in lieu of repairs because the cost of repairs exceeded the cash value of the vehicle. This exclusion does not apply to the emission control warranties. i Incidental Damages Incidental or consequential damages associated with a vehicle failure. Such damages include but are not limited to inconvenience; the cost of transportation, telephone calls and lodging; the loss of personal or commercial property; and the loss of pay or revenue. 14 . Your Warranties in Detail Your Warranties in Detail 15 I x Rp%Av p pRIS m USI {pR �OVERECI pir Cond`tion�ng Syste ar ran�� WN 1S ROS do not t° aPP \y 0 cessor �On Cpn�rO� W Shese warranty ob\r91� \rnGe caused by' � co m�S or n0nc°mP not vaP°r I edera� fa\fures ea pa rts . E s 1aCem oclated Pail p ce Warranty E, . the use °� ap ordance w\th . Pss eter�n9 System vE REp PN Pei °rmae Cert\f\ed arts cert\f\c prrl�ue� k cont rol system WNp1 �S �� Em issien and foca \\t\es hav and aeeufat asp meat Pai not . p\rlfuel rat \e�K c hme n t sy stem OW Ld� Warranty s °me s tates \nspeCbon rage °f r p des \gn sta trot stem c g e lace to H of e c t ed ehlc \e s to encou the use or . Cold- on sy �misstOn © Vo v rogr t \n auat\ty s . 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Associated part aintenance is n use non- and repairs If We lack of m free n Sy warranty airs are p the same p Stets aid maintenan parts that are not ota reason wi h n r y air yourehicle 141010 a nd rep of reQ1acem uaifty to Genuine y oi the We will rep allowed are internal parts ma intenance be to do so' e xception s When ices may olive equivalent in g aff the effectiveness The only to a delay, or Distributor and i nftor these sery a utom imp of charge• . ignition toll and g for hi r" or by any Toyota will Parts may stems ou request or agree f beyon wires performed by You choose. emission control sY is caused . ignition rovfdet You solely ent parts that have when a delay by dealership ; ar k plug * ven service p arrantY claim If you u lacemlacement schedules when To ota or t . SP s tilation a w rovider use reP or rep To ota the control of y obtain service Crankca not deny ou used a service p h ow to Positive because n a Toyota dealership f maintenance those of Genuine y pefect Warranty, see S O W ever, any ustfollow the maintena Por information oo ice" repairs• ou m for the parts the Emission Sere �pGVI Sy other ien nce and Now ?ads y from ining Warranty caused by ould P ger 31 «Obta j .Oil fNler cap main c omplianc e lacement schedules ou sh b or orifice fiarlure or non or re pairs is not yourare ad using• in dition y pCV valve in pboVe impro maintenan ar are warranted y er PWAS Used t b this warranty ensure that such t s to be equivalent to pth covered y anufacurer § systems their m To ota Parts. 8180) Genuine y Data link connecto s tubing and clamps, fitting . Noses, har dware bu lb mauntfng l i ht and oiunctron indicator 9 (8180) idlers . Pulleys belts and d ' Sealing gaskets and $ensors, solenoids, s witches an valves �r terms of the C,kit ei 1a Emission Control Warranty' Federall rm i's%N , Federal Em fission Control Warranty DEALER CERTIFICATEknow that and use, Toyota will remedy We (the dealership) want YOU to nonconformity fre mange under at the time your new Toyota vehicle is the terms of the Emission IF YOU i HAVE QUESTIONS ed with a California delivered: Performance Warranty. Vehicles equiPP being If you have questions concerns about stem that coverage, Certified. Emission Control- e�ated in 5) if the vehicle was used as a company ons eral emission warranty istered and op 1) On the basis of ota we haveation ritten your ted u Need Assistance are sold, reg t adapts furnished by Toy car or demonstrator, check the box please refer to "If you state tha a that the vehicle is covered and complete the follow ion warranty p ing: California or any rovisions k on pages 8-9. In the case of the Emission S10n California emission b an EPA Certificate of Conformity• ou may the California p The vehicle with which this statement Performance Warranty Y are also covered by see page inspected those is delivered was placed into service as request information from o r report 2) We have visually p ortions Prior Emission hints to: Control Warranty ( a company car or demonstrator p comp 22) emission control devices th Emission Performance P The Currently, Arizona, Connecticut, of that are visible without to delivery• Maine, Maryland, Massachusetts, New there or adjusting any Warranty period comm U.S. Environmental protection c Division Pennsylvania, Rhode removing enced on the &Comp stems, Vermont and Washington are components or sy stems, date the vehicle was first placed t into Vehicle Programs Jersey, Oregon, i Island, emissions- related or otherwise. re service, which was: (64054) Complaints the other states to which the California is ection, there are Attn Warranty a ties. the basis of this insp 401 M Street SW Emission Control Warranty pP no apparent deficiencies in the Washington, D.C. 20460 installation of emission control Day Year devices by Toyota. (F Purposes of Monlh this certificate, "emission control devices" is limited to dee oeprmaaryed dealership makes °° an ranty on a vehicle for the sole d Note: The that the purpose of controlling representation or war emission control system or any Pad which were not in general use before thereof is without defect or that the 1968.) erform pCOPerly. The per formed all emission system will P referred control system 3) We have p Emission Performance Warranty preparations required b Toyota prior to the sale of the to in Paragraph 4 and furnished with the y t solely that ota's current vehicle is so of the manufacturer. vehicle as set forth in Toy section 207 pre-delivery service manual. This statement is required by 4) Except as may be provided in of the Clean Air Act (42 U.S.C. 7541) and if this vehicle fails an the EPA regulations Paragraph 5, issued thereunder. EPA-approved emissions test within three months or 4,000 miles elivery to (whichever comes first) D Name the ultimate purchaser, and the vehicle has been maintained and used in accordance with the written instructions for proper maintenance Your Warranties in Detail 21 Operation a ;I Limited Warranty WHERE TO GO FOR �. Tire Lim MAINTENANCE ' EQUIPMENT GENERAL. INFORMATION have maintenance performed on i ORIGINAL y may qualified pets O WARRANTY TIRE MANUFACTU You are responsible for ensuring that your on or your vehicle by any q I BTAINING facility. However, Toyota recommends DICE Toyota is operated and maintained performed by an ) SER VICE 535 Marriott Drive Bridgestonel according to the instructions in the having maintenance Toyota deaiership. The tires that come as ° anted by theirent TN 37214 Owner's Manua! and this booklet. authorized oy ecialty on your vehicle are w Nashville, detailed re manufacturer cords of technicians are of 800 B47 -32 You should keep Toyota dealership and not Toyota. A separate Bridgestone: ( ) since under some warranty statement for the tires is in your Firestone: (800) 356 X644 vehicle maintenance trained to maintain and repair Toyota circumstances they may be required for vehicles. They stay current on the latest glove box. Dunlop Tires coverage. These records should Service information through Toyota warranty . mileage at time of Service publications To obtain service for a lire defect, take the 1144 East Market Street include date of service, technical bulletins, are also OH 443 Akron, 16 and training cour ses. Many lire to an at dealer of the lire 321 -2136 Service and a description of service Certification and/or parts installed. For your certified throug h the Toyota manufacturer. (Refer to your local phone maintenance log is which involves a series of directory for dealer locations .) Your OToin ( Miche North America convenience, a am c performed program, dealer may also be able to as sis the Park Way our maintena rigorous written examination dealership oow you ss h t° ice from One South included in this booklet. It you nce sell your oyota dealership obtaining warranty service vehicle, you should give y ask any T p.O. Box 19001 manufacturer. Greenville, owner. their technicians' credentials. SC 29602 records to the new information or a warranty claim ge tt i ng the For additional warranty � {800) 847 -3435 Toyota will not deny You can be confident you're g g contact the fire Possible service best ssi take it to a Toy for your vehicle service as solely because you do not have records to T dealership. s how manufacturer directly. when you w that you maintained your vehicle. However, damage, tenance a not by lack °f pro covered under warranty. your Responsibilities 29 Obtaining Warranty Service/, Operation and Maintenance !1; REPLACEMENT PARTS BY GEOGRAPHIC REGION EMERGENCY REPAIRS 't Warranty coverage is not dependent upon In the United States, U.S. If your vehicle is inoperable or unsafe to Territories and Canada drive and there is no Toyota dealership the use of any particular brand of replacement parts. However, Toyota To obtain warranty service in the United reasonably available to make repairs, you recommends using only Genuine Toyota States, U.S. territories or Canada, take may perform the repairs yourself or have Parts when you need to replace a part on your vehicle to an authorized Toyota them performed by another automotive your vehicle. Like all Toyota products, dealership. If your vehicle cannot be service provider. Toyota will reimburse you Genuine Toyota Parts are built to the driven, contact your nearest Toyota for any of the repairs that are covered by I highest standards of quality, durability and dealership for towing assistance. You do warranty. To receive reimbursement, I performance. They are also designed to fit not have to pay for towing to the nearest present to an authorized Toyota dealership your paid repair invoices and any parts your vehicle's exact specifications. Toyota dealership if your vehicle is inoperable due to failure of a warranted that were removed from the vehicle. You i= Your Toyota dealership maintains an will be reimbursed for warranted parts at extensive inventory of Genuine Toyota p art. the manufacturer's suggested retail price Parts to meet your vehicle service needs. Outside the United States, U.S. and warranted labor at a geographically '. And because it is linked electronically to Territories and Canada appropriate hourly rate multiplied by Toyota's Parts Distribution Centers, the Toyota's recommended time allowance for dealership has quick access to any parts it If you are using your vehicle outside the United States, U.S. territories and Canada the repair. 4 =, may not have in stock. and need warranty service, contact a local If your vehicle requires emergency repair, Genuine Toyota Parts are covered by their Toyota dealership. Please note, however, Toyota assumes no liability for subsequent own warranty (see your dealer for details) that your vehicle may not be repaired free failures caused by improper repairs or the or the remainder of any applicable New of charge because the local Toyota use of non - Genuine Toyota Parts unless a Vehicle Limited Warranty, whichever is distributor may have no obligation to you have the vehicle properly repaired in a longer. Non- Genuine Toyota Parts, or any provide warranty service for your vehicle, timely manner. To ensure that warranty damage or failures resulting from their and /or your vehicle may not comply with coverage remains intact, have your vehicle use, are not covered by any Toyota local regulatory or environmental inspected by an authorized Toyota warranty. requirements. dealership as soon as possible after an emergency repair. `i l � 1 30 Your Responsibilities Maintaining Your Warranty IMPORTANT MAINTENANCE i INFORMATION It is especially important to both Maintenance Providers routinely check your vehicle's engine oil Maintenance and repair services may be I level (once a month) and regularly performed b you or an automotive i r see P YY Y Y replace the engine oil and oil filter ( service provider you choose. Toyota will the Maintenance Log section of this not deny a warranty claim solely because booklet to determine how often you F you used a service provider other than a should change your vehicle's oil and Toyota dealership for maintenance and filter). Failure to do so can cause oil repairs. However, damage or failure i starvation and or oil gelling, which can caused by improper maintenance or result in severe damage to your vehicle repairs are not covered under warranty. and require costly repairs that are not covered by the New Vehicle Limited Dealer- Recommended ' Warranty. Maintenance r Maintenance Records Your dealer may recommend more 1 . frequent maintenance intervals or more Maintaining your vehicle according to the maintenance services than those listed in recommendations in this booklet is the scheduled maintenance log. These required to ensure that your warranty additional services are not required to j coverage remains intact. You should keep maintain your warranty coverage. Ask your j� detailed records of vehicle maintenance, dealer to explain any recommended including date of service, mileage at time maintenance not included in the scheduled j l of service and a description of service maintenance log. J and /or parts installation performed. The scheduled maintenance log in this booklet For a complete description of Toyota can help you document this information. If Warranty coverages, see the Warranty you sell your vehicle, be sure to give your Information portion of this booklet. I ,I maintenance records to the new owner. Toyota will not deny a warranty claim solely because you do not have records to show that ou maintained our vehicle. Y Y However, damage or failure caused by lack of ro er maintenance are not covered P P under warranty. 34 Maintenance Log P VERIFICATION I hereby state that I have reviewed the foregoing Complaint, and verify that the facts set forth in the document are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 1$ Fa. C.$. § 4904 relating to unsworn falsification to authorities. Dated: Kenneth Bruce Garner, Jr. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i.,r , t raw Jody S Smith ? t 1f` f ,1 2_, Chief Deputy `°'' 0111.7: ! Richard W Stewart Solicitor YctLIv" tit �f Kenneth Bruce Garner(et al.) vs. Case Number Toyota Motor Sales, U.S.A., Inc. 2013-7403 SHERIFF'S RETURN OF SERVICE 12/17/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Toyota Motor Sales, U.S.A., Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint&Notice, First Request for Production of Documents, &Plaintiffs First Set Interrogatoriesaccording to law. 12/19/2013 02:45 PM-The requested Complaint& Notice, First Request for Production of Documents, &Plaintiffs First Set Interrogatories served by the Sheriff of Dauphin County upon Sabra Dudding, who accepted for Toyota Motor Sales, U.S.A., Inc., at c/o CT Corporation System, 116 Pine Street, Suite 320, Harrisburg, PA 17101. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, December 26, 2013 RON&R ANDERSON, SHERIFF (. l ` 1 11 ? °riff Iii i~! _,10 Shelley Ruhl `' V' `v Jack Duignan Real Estate Deputy �` 1 •? • ' Chief Deputy Matthew L. Owens �1ry*3 K• ej Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KENNETH BRUCE GARNER, JR. AND LINDA DIANE GARNER VS County of Dauphin TOYOTA MOTOR SALES, U.S.A., INC. Sheriffs Return No. 2013-T-3206 OTHER COUNTY NO. 2013-7403 And now: DECEMBER 19, 2013 at 2:45:00 PM served the within COMPLAINT, INTERROGATORIES REQUEST FOR PROD OF DOC upon TOYOTA MOTOR SALES, U.S.A., INC. by personally handing to SABRA DUDDING * 1 true attested copy of the original COMPLAINT, INTERROGATORIES REQUEST FOR PROD OF DOC and making known to him/her the contents thereof at C/O CT CORP, 116 PINE ST, STE 320 HARRISBURG PA 17101 * CORPORATE OPERATIONS MANAGER So Answers, COMMO/WEALTH OF PENNSYLVANIA ��✓?�� NOTARIAL SEAL TEAR LAVENDER Sherif if Dauphin County, a. Notary Public CITY OF HARRISBURG,DAUPHIN CNTY My Commission Expires Feb 3,2014r By AIL /"7 /i3 Deputy Sheriff Deputy: JESSICA KARL Sheriffs Costs: $41.25 12/18/2013 DAVID J. GORBERG & ASSOCIATES, P:C. By: DAVID J. GORBERG Identification No. 53084 32 Parking Plaza Ardmore, PA 19003 (215) 665 -7660 KENNETH BRUCE GARNER, JR. and LINDA DIANE GARNER vs. TOYOTA MOTOR SALES, USA Attorney for Plaintiff 2014 APR -8 PH 2: 43 CUMBERLAND D COUNT'r' PENNSYLVANIA : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO. 13 -7403 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Pia' aptioned m. er. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff in t coned matter. DA ERG �-i t F? r 1 6 per, �, t:•e'r i' ic' 4 t�di'i) COUNT _ ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: DENNIS P. ZIEMBA, ESQUIRE BRIAN L. WOLENSKY, ESQUIRE Attorney I.D. No.: 76098/308754 dziemba@eckertseamans.com Two Liberty Place 50 South 16th Street — 22nd Floor Philadelphia, PA 19102 (215) 851-8400 Attorneys for Defendant, Toyota Motor Sales, U. S.A., Inc. KENNETH BRUCE GARNER, JR., and LINDA DIANE GARNER, Plaintiffs v. TOYOTA MOTOR SALES, U.S.A., Inc. Defendant TO: Plaintiff You are hereby notified to plead to the enclosed New Matter pursuant to Pa. R.C.P. 1030 within twenty (20) days of service thereof or a default judgment may be entered against y BY: Attorney for Defendant, Toyota Motor Sales, U.S.A., Inc. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : Civil Action : No. 13-7403 CIVIL ANSWER WITH NEW MATTER OF DEFENDANT, TOYOTA MOTOR SALES, U.S.A., INC., TO PLAINTIFF'S COMPLAINT Defendant, Toyota Motor Sales, U.S.A., Inc. through its counsel, Eckert Seamans Cherin & Mellott, LLC, responds to plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 2. Denied as stated. It is admitted only that TMS is a California corporation with offices at 19001 S. Western Avenue, Torrance, California 90501. 3. Denied as stated. TMS is the authorized importer and a distributor, in certain geographic areas, of Toyota motor vehicles in the continental United States. TMS does not manufacture, design or assemble Toyota motor vehicles in the ordinary course of its business and, therefore, was not the designer, manufacturer or assembler of the subject vehicle. TMS does not service Toyota motor vehicles in the ordinary course of its business for the general public. By way of further response, TMS admits that Bobby Rahal Toyota -Scion is an independent authorized Toyota dealership. 4. Denied as a conclusion of law to which no affirmative response is required. BACKGROUND AND FACTS 5. Denied. After reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 6. Denied. After reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 7. Denied. After reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 8. Denied. After reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 9. Denied as stated. If plaintiffs purchased the subject vehicle as alleged, there would have been delivered with the vehicle a New Vehicle Limited Warranty. TMS pleads the terms, conditions and limitations contained in that warranty. By way of further response, TMS admits that a copy of what appears to be a New Vehicle Limited Warranty is attached to plaintiffs' Complaint. No admissions are intended or made regarding this attachment. 10. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 11. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 12. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 13. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 14. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 15. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, as TMS understands this paragraph of plaintiffs', plaintiffs returned to an authorized Toyota dealership on August 31, 2012. 16. Denied as stated. TMS admits that a Toyota Field Technical Specialist inspected the subject vehicle on August 31, 2013. 17. Denied. 18. Denied as stated. TMS admits that plaintiff contacted TMS, and Case No. 1306051614 was opened. 19. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 20. Denied as a conclusion of law to which no affirmative response is required. COUNT I VIOLATION OF THE LEMON LAW 21. TMS incorporates by reference its response to the allegations of plaintiffs' Complaint, as though said answers were fully set forth herein. 22. Denied as a conclusion of law to which no affirmative response is required. By way of further response, upon information and belief TMS denies the subject vehicle is defective. 23. Denied as a conclusion of law to which no affirmative response is required. By way of further response, upon information and belief TMS denies the subject vehicle is defective. 24. Denied as a conclusion of law to which no affirmative response is required. 25. Denied as a conclusion of law to which no affirmative response is required. WHEREFORE, Defendant, Toyota Motor Sales, U.S.A., Inc., demands judgment in its favor and against plaintiffs. COUNT II VIOLATION OF THE UNFAIR TRADE PRACTICE AND CONSUMER PROTECTION LAW 26. TMS incorporates by reference its response to the allegations of plaintiffs' Complaint, as though said answers were fully set forth herein. 27. Denied as a conclusion of law to which no affirmative response is required. 28. Denied as a conclusion of law to which no affirmative response is required. 29. Denied as a conclusion of law to which no affirmative response is required. 30. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. 31. Denied as a conclusion of law to which no affirmative response is required. To the extent that a further affirmative response is required, after reasonable investigation, TMS is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, said averments are denied. WHEREFORE, Defendant, Toyota Motor Sales, U.S.A., Inc., demands judgment in its favor and against plaintiffs. COUNT III VIOLATION OF THE MAGNUSON-MOSS WARRANTY ACT 32. TMS incorporates by reference its response to the allegations of plaintiffs' Complaint, as though said answers were fully set forth herein. 33. Denied as a conclusion of law to which no affirmative response is required. 34. Denied as stated. If plaintiffs purchased the subject vehicle as alleged, there would have been delivered with the vehicle a New Vehicle Limited Warranty. TMS pleads the terms, conditions and limitations contained in that warranty. 35. Denied as a conclusion of law to which no affirmative response is required. 36. Denied as a conclusion of law to which no affirmative response is required. 37. Denied as a conclusion of law to which no affirmative response is required. WHEREFORE, Defendant, Toyota Motor Sales, U.S.A., Inc., demands judgment in its favor and against plaintiffs. NEW MATTER 38. Plaintiffs' claims may be barred by the applicable statute(s) of limitations. 39. Plaintiffs' Complaint fails to set forth a cause of action upon which relief can be granted. 40. Plaintiffs may have failed to give timely notice of any alleged breach of warranty as required by law. 41. The alleged nonconformities do not substantially impair the use, value or safety of the vehicle in question. 42. If plaintiffs purchased the subject vehicle as alleged, there would have been delivered with the vehicle a New Vehicle Limited Warranty. This warranty speaks for itself and TMS pleads the terms and limitations in said warranty. 43. Plaintiffs may have failed to provide TMS, its agents, or authorized dealers a reasonable number of attempts to repair or correct the alleged nonconformities. 44. The allegations contained in plaintiffs' Complaint do not give rise to the imposition of discretionary damages pursuant to the Pennsylvania Unfair Trade Practices Act. 45. Plaintiffs are barred by the doctrines of waiver and estoppel in asserting this claim. 46. Plaintiffs may have failed to comply with his obligations as set forth in 16 C.F.R. § 703. 47. TMS reserves the right to interpose such other defenses as a continuing investigation may disclose. WHEREFORE, Defendant, Toyota Motor Sales, U.S.A., Inc., demands judgment in its favor and against plaintiffs. ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: Dated: June 5, 2014 DENNIS P. ZIEMBA, ESQUIRE BRIAN L. WOLENSKY, ESQUIRE Attorney for Defendant, Toyota Motor Safes, U.S.A., Inc. ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: DENNIS P. ZIEMBA, ESQUIRE BRIAN L. WOLENSKY, ESQUIRE Attorney I.D. No.: 76098/308754 dziemba@eckertseamans.com Two Liberty Place 50 South 16th Street — 22nd Floor Philadelphia, PA 19102 (215) 851-8400 Attorneys for Defendant, Toyota Motor Sales, U.S.A., Inc. KENNETH BRUCE GARNER, JR., and : COURT OF COMMON PLEAS LINDA DIANE GARNER, : CUMBERLAND COUNTY Plaintiffs : Civil Action v. : No. 13-7403 CIVIL TOYOTA MOTOR SALES, U.S.A., Inc. Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Defendant Toyota Motor Sales, U.S.A., Inc.'s, Answer with New Matter to Plaintiffs' Complaint, was served upon all interested counsel in the manner indicated below June 5, 2014. Service by FEDERAL EXPRESS Addressed as follows: David J. Gorberg, Esquire David J. Gorberg & Associates, P.C. 32 Parking Plaza Suite 700 Ardmore, PA 19003 ECKERT SEAMANS HERIN & MELLOTT, LLC BY: BRIAN L. WOLENSKY, ESQUIRE Attorney for Defendant, Toyota Motor Sales, U.S.A., Inc. ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: DENNIS P. ZIEMBA, ESQUIRE BRIAN L. WOLENSKY, ESQUIRE. Attorney I.D. Nos.: 76098 / 308754 dziemba@eckertseamans.com Two Liberty Place 50 South 1661 Street — 22nd Floor Philadelphia, PA 19102 (215) 851-8400 Attorneys for defendant, Toyota Motor Sales, U.S.A., Inc. KENNETH BRUCE GARNER, JR. and LINDA DIANE GARNER, Plaintiffs V. TOYOTA MOTOR SALES, U.S.A., INC., Defendant n p 118 el NIA Al : : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : Civil Action : No. 13-7403 Civil ENTRY OF APPEARANCE AND JURY TRIAL DEMAND Be advised that Dennis P. Ziemba, Esquire and Brian L. Wolensky, Esquire are entering their appearance as counsel for Defendant, Toyota Motor Sales, U.S.A., Inc. in the above captioned matter. A jury trial consisting of a panel of twelve (12) jurors is hereby requested. ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: Dated: June 5, 2014 DENNIS P. ZIEMBA, ESQUIRE BRIAN L. WOLENSKY, ESQUI Attorneys for Defendant, Toyota Motor Sales, U.S.A., Inc. ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: DENNIS P. ZIEMBA, ESQUIRE BRIAN L. WOLENSKY, ESQUIRE Attorney I.D. Nos.: 76098 / 308754 dziemba@eckertseamans.com Two Liberty Place 50 South 16th Street — 22nd Floor Philadelphia, PA 19102 (215) 851-8400 Attorneys for defendant, Toyota Motor Sales, U.S.A., Inc. KENNETH BRUCE GARNER, JR. and : COURT OF COMMON PLEAS LINDA DIANE GARNER, : CUMBERLAND COUNTY Plaintiffs : Civil Action v. : No. 13-7403 Civil TOYOTA MOTOR SALES, U.S.A., INC., Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Entry of Appearance and Jury Trial Demand was served upon all interested counsel in the manner indicated below on June 5, 2014. Service by FEDERAL EXPRESS Addressed as follows: David J. Gorberg, Esquire David J. Gorberg & Associates, P.C. 700 Time Building Suburban Square Ardmore, PA 19003 ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: DENNIS P. ZIEMBA, ESQUIRE BRIAN L. WOLENSKY, ESQUIRE Attorneys for Defendant, Toyota Motsr Sales, U.S.A., Inc. 2 DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG IDENTIFICATION NO. 53084 700 Times Building Suburban Square Ardmore, PA 19003 (215)665-7660 „O-OFFICi: l'HE 0C PROrifONOAli • .20/4 P/ :55 cutRi1/41/ Attorney for Plaintiff KENNETH BRUCE GARNER, et al vs. TOYOTA MOTOR SALES, USA Y : COURT OF COMMON PLEAS : NO. 13-7403 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. ORBERG DID J. GORBERG, ESQUIRE Attorney for Plaintiff