HomeMy WebLinkAbout05-0792COURT OF COMMON PLEAS
Judicial District, County Of
DISTRICT JUSTICE JUDGMENT
l I
COMMON PLEAS No. QS ?l9? ('ir r 2if
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
of
I-- 19- 05 ?-')au'ld i. 101 !Dams QQrSCnS 1rt?Prs(?4e 9,-d L cc
C U- a0Db31(p- v4 , ?/uA-?
was
action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
S,raWa of prothonotary or Oaputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 100f(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary ,?1
QUfd T Wr I h 1?-S
Enter rule upon ^ ?' o+n c T- I , i /- ?- _J 11/1 appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. L?77 C t 1 J t L )) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
``
Ag,
Q!l (LA) r 1 1 1 a ry-) S signature ofappeffan orattorne agent
RULE: To A T -r l r f' J r appellee(s)
Name of appelfee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing. (/)? /??
Date: 1µI , 20?(`- .n. ?" / 4"p-pe
si ture of prothYOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
NOTICE OF APPEAL
FROM
COURT FILE TO BE FILED WITH PROTHONOTARY
COMMONWEALTH OF PENNSYLVANIA
r`.nl INITY OP- CUMBERLAND
09-3-01
OJ Name'. Hm
HAROLD E. BENDER
Atld` w 35 W ORANGE ST
SHIPPENSBURG, PA
Telephone. (717) 532-7676 17257-0361
1
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME aid ADDRESS
rWILLIAMS, DAVID T -1
52 HICKORY BOULEVARD
LEBANON, PA 17042
L J
VS.
DEFENDANT: NAME and ADDRESS
FPARSONS INTERSTATE FORD -1
196 WALNUT BTM RD
SHIPPENSBURG, PA 17257
PARSONS INTERSTATE FORD L J
196 WALNUT BTM RD DocketNo.: CV-0000316-04
SHIPPENSBURG, PA 17257 Date Filed: 12/07/04
1 1 di
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
X? Judgment was entered for: (Name) WTT.T.TAMS _nAyTn m
?X Judgment was entered against: (Name) PARSnN3 TNTF.RSTATR FORn
in the amount of $ 1y 564.42 on
(Date of Judgment) 111 A-/Dv;
0 Defendants are jointly and severally liable.
0 Damages will be assessed on:
FIThis case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date ?co lc? L District Justice
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , District Justice
My commission expires first Monday of January, 2006 .
SEAL
AOPc31s-03 DATE PRINTED: 1/20/05 8:33:25 AM
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST HE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal Check aphiresbie boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) , 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , nn
, 20 ? by personal service ? by (certified) (registered) mail,
senders receipt attached hereto
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20
signature of
Signature of official before whom affidavit was made
My commission expires on -...., , 20
f1 rv
17P
(7)
> 3 art
On) mM,,
UJ
rill
(TI
-r
i
C) J ??
AOPC 312A - 02
S N
i?
3
0
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(7?7is prcof of sewice MUST BE FILED WITHIN TEN (10) DAYS AF-IFR fiiing of the notice of appeal t'.heck aupffesi8te flexes.)
COMMONWEALTH OF PENNSYLVANIA
COUNT"YOF -c,lrYG..??_Cc SS
AFFIDAVIT: I hereby (swear) (affirm) that I served
Cry t /rzV ? .?"? a copy of the Notice of Appeal. Common Pleas No, fiY 7fi? . upon the District Justice designated therein on
Fdate ofservice) . 20?1Gt ? by personal service by (cerviled) (registered) maii,
sander's receipt attached hereto, and upon the appellee, (nanra)_ -,nn
20 r _ ? by personal sere ce by ;cortifiedi (reg s'nred; mail.
I senders receipt attached hereto
(SWOR (AFFIRMED) AND SCRIBED BEFORE ME
THIS. ``. DAY ! ¢?' _.20j `.
? 1 Srgnffime ofzrf7itinl
My commission expires on f e b 01 . 20
i;?Expkae Feb. 9, 2008
AQPC 312A - 02
IN Ul' lotIVNSr LVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
?.f
IN THE CASE OF (Pla.10)
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
STATE
(oelantlanp'
y5
TURE OF APPELLANT OR ATTORNEY OR AGENT
appellant was Claimant (see Pa. R.C.P.D
ZIP CODE
o. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Sgnafure of PmfhonoN, or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon , appellee(> ),,. file a complaint in this appeal
I- o
..f.." .. _ __
Name of appellee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
f
-" ? , Signature of appellant or attorney or agent
RULE: To appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file arortplaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date a 6. (I . 20 t ( Signature ofarothonotaty or De my
1
,ACOPY OF.THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
YOU MUST INCLUDE
AOPC 312-02
COURT FILE
David T. Williams
Plaintiff
v
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
Parsons Interstate Ford NO.05 792 CIVIL TERM
Defendant
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so the case may proceed without you and a judgment 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 Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4a' Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Gan Law Offices
17 West South Street
Carlisle, Pa 17013
ID 68721
717-241-4300
David T. Williams, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v
Parsons Interstate Ford
Defendant
NO. 05792 CIVIL TERM
JURY TRIAL DEMANDED
COMPLAIN
T
1. Plaintiff David T. Williams is an adult individual residing at 52 Hickory
Boulevard, Lebanon PA 17042.
2. Plaintiff received a judgment, after full hearing before Harold E. Bender of the
09-3-01 Magisterial District Court.
3. Defendant Interstate Ford appealed this judgment to the Cumberland County court
of Common Pleas.
4. Plaintiff was served with the notice of Appeal on February 20, 2005.
5. This complaint if being filed in response to Defendants appeal of the above
referenced judgment and constitutes a de novo matter.
-2-
6. Defendant Parson Interstate Ford is a Pennsylvania Corporation whose primary
place of business is located at 196 Walnut Bottom Road, Shippensburg, PA 17257.
7. At all times relevant hereto, Plaintiff was the owner of a 2001 Ford Escape,
bearing VIN number 1FMYU01191KF72927.
8. At all times material to this complaint, Defendant acted by and through their duly
authorized agents, servants, workmen, and/or employees, acting within the scope of their
authority and/or employment.
9. All of the acts alleged to have been done or not to have been done by the
Defendant, were done or not done by said Defendant, their agents, servants, workmen, and/or
employees, acting in the course and scope of their employment with and/or on behalf of the
Defendants.
10. On October 13, 2004, Plaintiff observed the transmission warning light on the
above mentioned vehicle was illuminated.
11. Plaintiff immediately took the vehicle to Defendants place of business where a
transmission flush was performed.
12. Plaintiff observed that the transmission warning light remained illuminated after
the flush and was informed that the warning light would go off by the time Plaintiff traveled
home.
13. Plaintiff phoned the defendant the following morning and was specifically told
that the vehicle was safe to drive.
-3-
14. Plaintiffs vehicle then sat without being used from October 16 through October
30.
15. On October 30, 2005, Plaintiff returned his vehicle to Parsons Interstate Ford for a
further check.
16. During this October 30th visit, a technician was dispensed to Plaintiffs vehicle
where he determined that there was a faulty warning lamp; he reset it and stated that there was no
further problem.
17. On November 5s, 2005, the warning light once again illuminated.
18. Plaintiff immediately contacted the Defendant and was informed that there was no
reason for concern and there was no reason to stop driving the vehicle.
19. On November 1&, while traveling in Western Pennsylvania, the transmission in
Plaintiffs vehicle ceased to operate.
20. The vehicle was towed to Tom Clark Ford in Greensburg where it was determined
that the transmission was in need of major repair.
21. At no time was the Plaintiff properly or adequately advised by any person,
including Defendant, or any of their representatives not to drive the vehicle with the warning
light on.
22. The damage that the Plaintiff sustained is a direct result of the misfeasance and or
malfeasance of the Defendant.
-4-
23. As a result of defendant's actions, Plaintiff has sustained damages for the repair of
the vehicle, tow charges and attorney fees to date as itemized in exhibit A.
COUNTI
BREACH OF CONTRACT
24. Paragraphs 1 through 23 of Plaintiffs' Complaint are incorporated herein by
reference as though the same were fully set forth at length.
25. Defendant had an implied covenant to furnish the best skills and judgment, to
perform their work in a workmanlike manner and to safeguard the interests of the Plaintiff,
26. Defendant expressly promised that they had remedied the problems with the
Plaintiffs car.
27. Defendant also expressly stated the vehicle was safe to drive and don't worry
about the warning light that remained illuminated.
28. Defendant breached the implied covenants and express provisions by stating that
the vehicle was safe to drive and that the repair work on the vehicle would remedy the problems
Plaintiff was experiencing.
29. Defendants breached their affirmative duty to disclose to Plaintiff that serious
damage might occur to the vehicle if it was driven with the transmission warning light on.
30. As a direct result of Defendants' breach of the implied covenants and contracts,
Plaintiffs were damaged as described herein.
- 5 -
Wherefore, Plaintiff, David T. Williams, demands judgment against Defendant,
individually and/or jointly and severally, in an amount which includes the repair of his
transmission, tow costs, his inconvenience due to the loss of the vehicle during repair and
attorney fees so wrongfully incurred.
COUNT H
31. Paragraphs 1 through 30 of Plaintiffs' Complaint are incorporated herein by
reference as though the same were fully set forth at length.
32. Defendants had a duty to exercise reasonable care in performing their obligations to
its customers including Plaintiffs.
33. Defendants breached their duty of care by failing to exercise reasonable care in
performing their obligations required by the implied contract which resulted in injury to Plaintiffs
Vehicle.
34. The aforesaid damages were caused directly, proximately and/or substantially by the
carelessness, negligence, and/or recklessness of Defendant individually and/or jointly and severally
in the following particulars:
a) Failing to properly identify the cause of the illuminated transmission warning signal.
b) Failing to warn the Plaintiff that he should not drive the vehicle when the warning
light was on.
C) Hiring unlicensed, uncertified or not properly trained technicians.
-6-
35. As a result of Defendants' aforesaid carelessness, negligence, and/or recklessness,
Plaintiff sustained damages to his motor vehicle, tow costs, inconvenience and attorney fees, all to
his great detriment.
36. As a result of Defendants' aforesaid carelessness, negligence, and/or recklessness,
Plaintiff was forced to incur repair bills, tow expense and attorney fees.
37. As a result of Defendants' carelessness, negligence, and/or recklessness, the Plaintiff
underwent mental anguish, discomfort, inconvenience, distress, embarrassment, humiliation, loss of
ability to enjoy the pleasures of life and limitation in the pursuit of daily activities all to his great
loss and detriment.
38. Defendants are guilty of wanton conduct and reckless indifference to the rights
and safety of the Plaintiff and others, all of which makes them liable for punitive damages.
Wherefore, Plaintiff demands judgment against Defendant, individually and/or jointly
and severally, in an amount that adequately compensates him for the injuries sustained together
with costs of suit/collection, attorney fees, interest, and/or damages for delay as the law may
allow and such additional relief as provided by said statue or as the Court deems necessary or
proper.
COUNT VII
NEGLIGENT MISREPRESENTATION
39. Paragraphs 1 through 38 of Plaintiffs' Complaint are incorporated herein by
reference as though the same were fully set forth at length.
40. Defendant, in their relationship with the Plaintiff, made a number of
misrepresentations of material fact which it either knew or should have known were
-7-
misrepresentations or made the misrepresentation without knowledge as to its truth or falsity,
intending the representations to induce the plaintiffs to act.
41. The misrepresentations of the Defendants include, but are not limited to, the
following:
(a) making and providing misleading and inaccurate statements and information
concerning the condition of Plaintiffs motor Vehicle.
(b) making and providing misleading and inaccurate statements and information
concerning the extent of damage that might occur if Plaintiff continued to
drive his vehicle with the warning light on.
42. As a result of the abovementioned misrepresentations, Plaintiff, acting in
justifiable reliance on those misrepresentations, sustained extensive damages to his vehicle, as
more specifically set forth above and a claim is made therefore.
Wherefore, Plaintiff demands judgment against Defendant, individually and/or jointly
and severally, in an amount in excess of compulsory arbitration, together with costs of
suit/collection, attorney fees, interest, and/or damages for delay as the law may allow.
COUNT IX
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
43. Paragraphs 1 through 42 of Plaintiffs' Complaint are incorporated herein by
reference as though the same were fully set forth at length.
44. Plaintiff was physically impacted by the breakdown of his motor vehicle and as a
result of Defendants' aforesaid carelessness, negligence, and/or recklessness.
45. The Defendant foresaw or should have foreseen that Plaintiff would suffer from
emotional distress through their aforesaid careless, negligent, and/or reckless conduct.
-8-
46. As a result of Defendants' aforesaid carelessness, negligence and/or recklessness,
the Plaintiffs have experienced substantial mental pain and suffering and severe emotional
distress and injury.
47. As a result of Defendants' aforesaid carelessness, negligence and/or recklessness,
the Plaintiff has suffered some or all of the following physical manifestations resulting from the
emotional distress: anxiety; nervousness and sleeplessness.
Wherefore, Plaintiff demands judgment against Defendant, individually and/or jointly
and severally, in an amount in excess of compulsory arbitration, together with costs of
suit/collection, attorney fees, interest, and/or damages for delay as the law may allow.
-? Attorney for Plaintiff
Dated:
-9-
17 West South Street
Carlisle, PA 17013
I.D. 68721
717-241-4300
:'
<.::
Mar 10 05 04:43p David T. Williams
MAR-2005 THU 04:09 PI Godfrey & Associates,LLC
(7171 277-0941 p,1
FAX NO, 7172435178 P. 02
/A/O b5 752 C1viL
j?RM
CA79O1Y
1, David T. Williams, hereby certify that the following IS emted:
The facts set forth in the foregoing Complaint are based upon irdbrmatiw wbwh I have
furnished to cwosel, as wail as upon information whicb has beat gathered by counsel sodlor others
acting on my behalf in this t uou. The Iangmtge of the ConVIaknt is that of oounsel and not my
mm, I have read the Complaint, a d to the adeat tbat it is basal upon mfonnetion which 1 have
given to eouffiel, it is tree and coned to the best of my knowledge, information; and belief To the
w dera that the eontere of the Complaint is that of ca ", I have retied upon such counsel in
melting this Verification. I huvby scknnwkedgai
we made subject to the peneh*of ig Pa. C.S.A.
authorities. I .
set forth in the aforesaid Complaint
telatiog to unworn fslaificawn to
Dated:
Val T. Wka
Qrl
1
Z? S - 79 ? ?iv C «Zy?
- - ?.
ti
IM1 E
O
O ¢
O .Y
o?
Ln
-ui
N
7
O
r
1=
lL
;g o
z CO
U
lL
y
V a,
?::
?t; __,
bct66 I . . O, am
pl c i n+441 IV D. 05 7qd (??i vl ke rrn
V /'AI p
PorSonSSr,4erS4tke-Fvnr fINL5cl?tl?
David Willams presented his vehicle to Parsons Ford on 10/13/03, with
the following concerns:
1. Emissions light is on
2. Overdrive light was flashing (codes P0741 P1744)
Found codes p0741 and p1744 for TCC (Torque Converter Clutch) pre ormance.
Checked oasis for TSB (technical service bulletins) and SSM (Special rvice
messages). Found SSM # 16896 for fluid flush. Called Ford Technical Hotline
and spoke to a Ford Engineer, They recommended to flush the transmis sion and
test the TCC Solenoid. Tested TCC Solenoid and checked connector. ested ok
Flushed transmission and road tested for 8 miles, It may take 20 to 30 ore miles
before the flush clears all the resude out. If codes come back after 30 1es
transmission will have to come out and be be checked.
OASIS SPECIAL SERVICE MESSAGE NUMBER: 16996
MESSAGE TITLE: 2001.2004 ESCAPE USE ONLY'MERCON' -- NOT'MERCON V OR' RCON SYNTHETIC
FOR THE C04E TRANSMISSION
APPLICABLE VEHICLES
2001 - 2004 TRUCK : 00130 ESCAPE
OASIS MESSAGE :
ALL 2001-2004 ESCAPE VEHICLES EQUIPPED WITH A CD4E AUTOMATIC TRANSAXLE
EXCLUSIVELY USE'MERCON' FLUID -- NOT'MERCON V OR'MERCON SYNTHETIC.
MERLON IS THE ONLY FORD APPROVED AUTOMATIC TRANSAXLE FLUID FOR USE IN THE
CD4E, MERLON FLUID PART t IS XT-2-QDX (QUARTS) AND XT-2-DDX (55 GALLON DRUN
FOR CANADA MERCON FLUID PART 3 IS CXT-2-BM FOR BULK, CXT-2-4LM FOR 4 LITRE
BOTTLES, AND CXT-2-LM12 FOR 1 LITRE BOTTLES.
APPLICABLE SYMPTOM CODES :
S02000 DRNELINE AUTO TRANS DOWNSHIFT CONCERNS
503000 ORIVELINE AUTO TRANS ENGAGEMENT CONCERNS
504000 DRIVELINE OTHER AUTO TRANS CONCERNS
510000 DRIVELINE FLUID CONCERNS
S90000 DRIVELINE PUBLICATION REVISIONS/UPDATES
David Williams called Service department on 10/14/03 stating he had 'ven
vehicle 75 miles home and the light had returned. Asked David Will' s to
return the vehicle to us for further diagnosis and he informed us he w leaving
for vacation on 10/16/03 and would not be using this vehicle. Schedul an
appointment for 10/30/03.
On 10/30/03 David Williams presented the vehicle to Parsons Ford t determine
the cause of the service engine soon light illumination. Josh Belanger as
dispatched with the NGS transmission diagnostic tester. Transmissio had stored
a history code of P0741. This code gave reference to the TCC soleno d and at
one point had failed to function and registered the code. The NGS also revealed
the solenid was and had been functioning as designed for the time period that the
vehicle was started and driven to Parsons Ford. With this information David
Williams was told the following by Josh Belanger. The light came on d e to the
TCC Solenid failing to function at some point after the vehicle left on 1 /13/03.
He reset the light and told the customer once again that the only way to etennin
if the vehicles transmission was in need of repair was to drive it and see f the
light returned again or to remove the unit and tear it down. "the trans ission
had experenced internal damage that the damage was all ready done an it would
have to be repaired or replaced. David Williams choose to continue dri 'ng the
vehicle to see if the light returned.
David Williams contacted Josh by telephone on 11/05/03 explaining th light had
returned.Having explained the situation on the original work order, agai face to
face on 10/30/05, Josh again told David Williams the transmission would need to
be removed to be repaired or replaced. That the light may have come o because
the TCC solenid failed to function again and if it was a history code a n and not
a existing code the vehicle could be driven, but by not being able to ret st the
transmission because the customer was on the road this could not be own.
David Williams contacted Terry Quail at Parsons Ford at a later date and set up an
apointment for 11/18/03 to have the further diagnosis on the transmission.
David Williams contacted Parsons Ford on 11/10/03 wanting to speak t the General
Manager Mark Wiskaman. Mark Wiskaman was out at the time and th call was
forwarded to the service department to Terry Quail. David William ined the
vehicle had broke down and he was expecting Parsons Ford to pay f tow and
the repair. Terry Quail examimed the original work order and remi avid
Williams the work order had explained the transmission would be in f repair if
the light returned. David Williams explained that he was told the ve hould
have never been flushed and driven, that it should have been torn do rebuilt.
Terry Quail explained that Parsons would never simply replace any t ssion
with out determining the cause and conditon of the transmission and failing
I
part, due to the cost of replacement. David Williams stated again he nformed
by the repairing mechanic that the transmission was in need of intern ir and
that he felt it should have been removed and repaired on 10/13/03.
Quail
remined David Williams that he had stopped at Parsons Ford becaus as
traveling in the area, he had not brought the vehicle in for transmissi air
replacement at that time, and wanted to drive it home. Terry Quail a ormed
d
David Williams that due to the high failure rate and high cost of repa
transmissions, any transmission that had 100,000 plus miles on it sh replaced
with a Ford remanufactured unit and not rebuilt. David Williams to y Quail
he would contact Mark Wiskaman at a later date.
There was no further contact made with Terry Quail or Josh Belanger.
Count I
Parsons furnished a tech that certified by Ford Motor Co. to diagnose and
recommend repair for said vehicle.
Parsons contacted Ford Technical and reviewed finding with Fords eng?neer and
performed further diagnosis as per the engineers recommendations.
Parsons provided the customer a written statement stating that if this c ndtion
persisted the transmission would need to be removed and repaired.
Parsons at no charge to customer retested the unit on 10/30/03 and on again
explained as noted on the original work order that if this condtion persi ed the
transmission would need to be removed and repaired.
Parsons at no time expressed or implied the vehicle was "safe" to drive due to
nature of a transmission and the cause was internal and could not be fa ly
diagnosed with the scanner.
It is a direct result of the customer continuing to drive this vehicle with the hopes
that the problem was just an intermittent problem, that this transmissio failed.
All the time knowing the only way to be sure of the cause, would be to remove
the unit.
Count 2
Parsons exercised reasonable care while preforming reasonable service as noted in
the original repair order and with all conversations with the servicing t bnican.
Damage to this unit was a direct result of the customers decision to co time to
drive this vehicle after being told in person, in print on the original wo order,
and two times in conversation with the technican that the transmission would need
to be repaired.
Parsons identified the codes stored in the transmission. Called Ford T hnical
Hotline and spoke to a Ford Engineer, They recommended flushing t e
transmission and test the TCC Solenoid. TCC Solenoid and checked nnecd
tested ok Flushed transmission and road tested for 8 miles. Telling th David
Williams If codes come back after 30 miles which would turn on the 1 ght the
transmission will have to come out and be be checked.
The technican is Ford certified in diagnostics and repair
Mercury vehicles.
Parsons can not prevent a customer from making poor decisions whep all known
facts have been presented to the customer verbally and in writing.
Count 3
At no time was it expressed or implied that this transmission was repair with
any degree of certainy, This was explained to the David Williams in pe on, and
in print on the original work order, and two times in conversation with e
technican.
All diagnostis were done under the guidance of Ford engineering and s t dard
diagnostic training. All findings were presented to the customer verbal l and in
print . The cust was told the transmission would need removed to be r paired /
replaced if the condtion presisted. The decision to continue to drive th the
hope that the problem was just an intermittent problem was in no way o to
o any
m
conversation or printed matter available to the customer. The custo
/ owners
manual that instructed him to bring it to the dealer the first time clearly tes the
vehicle should not be driven any further than necessary. The original rk order
states the condtion should not persist after 30 miles of driving. Upon r turning to
Parsons on 10/30/03 the customer was informed the condtion had reo red at
least 1 time after he had left the dealership. This information and the t hnician
telling David Williams the transmission was possably damaged and wo Id need to
be repaired / replaced, was done so the customer would understand t failure
was possible.
The contract Parsons made with David Williams was to preform an ext rnal
diagnosis with the tools provided by Ford Motor Company. We provi ed this
service and relayed all information provided by the testing and the ex 'ence of
Ford engineering. This contract was honored and completed by suppli g David
Williams a full explanation verbally and in writing. Retesting the t ion at
no charge to the customer shows the extent Parsons Ford would go to honor that
contract.
Count 4
The service provided by Parsons Ford was done in accordance with the
diagnostic guidelines set forth by Ford Motor Co. Any decisions mad by David
Williams to drive the vehicle any distance greater than 30 miles is the soul
responsibility of the owner / operator. This was noted on the original work order.
i41 C ler ?
Y?pr-11 j, aoc)5
?_ ...?
'
?
? j
l
? ' )
,. . ?
? I
r,i
-a
L017 IJ , LL% a4t s
vs Case No. V 5 ^ -7 q2-
v i L) C r P %-N
cam-- ? r? ??uS?? ?2, --3 17j>
Statement of Intention to Proceed
To the Court:
?Da 1 t J> 1 • V I L Ls intends to proceed with the above captioned matter.
Print Name C 9 _ Sign
i6
Date: / U Attorney for Lam./) J ?J i LL % aS
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901, Two aspects of the recommendation merit
comment.
I. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
?y KA C3*
i
y^y++"pp?'??
Y 1?
/?n? V
f
_ ?yy/ ?
i C)
5 rn
Ln
r I i
DAVID T. WILLIAMS
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
PARSONS INTERSTATE .FORD,
Defendant
NO. 05-792
ORDER TO SHOW CAUSE
AND NOW, this day of 2011, after reading the
attached motion to withdraw and the court being otherwise fully advised in the premises,
PLAINTIFF DAVID T. WILLIAMS IS ORDERED TO SHOW CAUSE WHY Attorney Richard
R. Gan should not be permitted to withdraw as counsel in the above stated matter. Rule
returnable within 20 days of service of this Order.
BY THE COURT:
Dated: 2011
v?Ri&ard'R. Can,
6xid T Loo f ? ? I
o?
c-i
c Q Q
?
rnco - =-n
-VM
°
--t C)
3 z
yc w °
4
'< D
'
cs%
r
David 1O. (BueC
Prothonotary
Office of the Prothonotary
Cum6er[and County, Pennsylvania
7(jrkS. Sohonage, fSQ
Solicitor
J 192._ CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28T" DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square ® Suite100 ® CarCisCe, TA 0 T hone 717 240-6195 ® Fax 717 240-6573