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HomeMy WebLinkAbout14-3837 Supreme Co, 40 : Pennsylvania Cour, Colmmo leas For Prothonotary Use Only: Docket No: ��✓ Sj CUMBERLAND ;/ County l I The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other pa ers as required by law or rules of court. Commencement of Action: S 51 Complaint 0 Writ of Summons 0 Petition E 0 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T, PERNELL & SARAH BOBONICK FORD MOTOR COMPANY Dollar Amount Requested: Nwithin arbitration limits I Are money damages requested? 2 Yes 0 No 0 (check one) []outside arbitration limits N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? Yes S No A Name of Plaintiff/Appellant's Attorney: David J. Gorberg, Esquire —I Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies D Malicious Prosecution 0 Debt Collection:Credit Card ® Board of Assessment 0 Motor Vehicle Debt Collection:Other 0 Board of Elections 0 Nuisance _i Dept.of Transportation S 0 Premises Liability Statutory Appeal:Other Product Liability(does not include E mass tort) 0 Employment Dispute: ID Slander/Libel/Defamation Discrimination C 0 Other: © Employment Dispute:Other 0 Zoning Board T. 0 Other: I r711 Other: O MASS TORT C Asbestos N E! Tobacco 0 Toxic Tort-DES a Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste Other: , 0 Ejectment - FJ Common Law/Statutory Arbitration BEl Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental f_-1 Partition Replevin I_? Legal k._; Quiet Title Other: D Medical _1 Other: 0 Other Professional: Updated 1/1/2011 } F 'oolko T1 730 �E4�S YL A�fq�1�jT y PERNELL & SARAH BOBONICK : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR COMPANY No _3�'3 7 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 -� 103 .--7 L4 Y I 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 PERNELL& SARAH BOBONICK 343 APPLE RIDGE ROAD LOYSVILLE,PA 17047 COURT OF COMMON PLEAS VS. CUMBERLAND FORD MOTOR COMPANY C/O CT CORPORATION 116 PINE STREET SUITE 320 HARRISBURGH PA 17101 COMPLAINT 1. Plaintiff,Pernell & Sarah Bobonick, is an adult individual citizen an legal resident of the Commonwealth of Pennsylvania residing at 343 Apple Ridge Road Loysville,PA 17047. 2. Defendant, Ford Motor Company is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania and can be served c/o CT Corporation, 116 Pine Street, Suite 320,Harrisburg,PA 17101. AI V BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about May 2012,Plaintiff purchased a new 2012 Ford Focus(hereinafter referred to as the"vehicle"), manufactured and warranted by Defendant bearing the Vehicle Identification Number IFAI1P3M24CL327344. 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 $25,000.00. 6. Plaintiff avers that as a result of the ineffective repair attempts made by Defendant through its authorized dealer,the vehicle cannot be utilized for the purposes intended by Plaintiff at the time of acquisition and as such,the vehicle is worthless. 7. In consideration of the purchase of the above vehicle,Defendant, issued to Plaintiff several warranties, fully outlined in the warranty booklet. 8. On or about May 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, alarm system,transmission & sync system &cruise system. 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. COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW CLAIM 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"Purchaser" as defined by 73 P.S. §1952. 20. Defendant is a"Manufacturer" as defined by 73 P.S. §1952. 21. Plaintiffs vehicle is a"New Motor Vehicle" as defined by 73 P.S. §1952. 22. Said vehicle experienced non conformities within the first year of purchase, which substantially impairs the use,value and safety of said vehicle. 23. Defendant failed to correct and or repair said nonconformities. 24. The vehicle continues to exhibit defects and nonconformities which substantially impair it's use,value and/or safety. 25. Defendant does not require participation in any informal dispute settlement program prior to filing suit. 26. As a direct and proximate result of Defendant's failure to repair the nonconformities, Plaintiff has suffered damages and, in accordance with 73 P.S. §1958, Plaintiff is entitled to bring suit for such damages and other legal and equitable relief. 27. Plaintiff avers that upon successfully prevailing upon the Lemon Law 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 MAGNUSON-MOSS FEDERAL TRADE COMMISSION IMPROVEMENT ACT 28. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 29. Plaintiff is a"Consumer"as defined by 15 U.S.C. §2301(3). 30. Defendant is a"Warrantor"as defined by 15 U.S.C. §2301(5). 31. Plaintiff uses the subject product for personal,family and household purposes. 32. 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. 33. Defendant failed to make effective repairs. 34. 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. 35. 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. 36. 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 III UNIFORM COMMERCIAL CODE 37. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if fully set forth at length herein. 38. 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. 39. The purpose for which Plaintiff purchased the vehicle include but are not limited to his personal,family and household use. 40. 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. 41. 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. 42. Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendant to honor its express and implied warranties. 43. 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 IV PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 44. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if set forth at length herein. 45. 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. 46. 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. 47. 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$50,0TJGORBERG DAVID &ASSOCIATES P.C. BY: DAV . GORBERG,—SQUIRE AttorMy for amtiff M 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 o counsel,verifier has relied upon counsel in taking this verification. This verification is made s ject to the penalties of 18 Pa. C.S.4904 relating to unsworn falsification to authorities. X DAVID ORBERC,ESQUIRE Date: I � DAVID J. GORBERG & ASSOCIATES,P. BY: DAVID J. GORBERG IDENTIFICATION NO.: 53084 700 TIMES BUILDING SUBURBAN SQUARE ARDMORE, PA 19003 215-665-7660 Mit �. L Li- f�',^p Ir'7E p[QfHO1k/OTA Will JUL,, ' 2 CUM>sr� PN `:39 PENNS yND COUNTY L VA NIA Attorney for Plaintiffs C. PERNELL & SARAH BOBONICK vs FORD MOTOR COMPANY : COURT OF COMMON PLEAS : NO. 14-3837 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 Walden Smith, et al, I did mail to defendant, Ford Motor Company last known address do CT Corporation 116 Pine Street Suite 320 Harrisburg, PA 17101 an attested copy of the Civil Action Complaint, the original of which has been filed of record with the Office of the Prothonotary of Cumberland County; and that said complaint and letter were mailed, United States Priority Mail; and that the attached is a true and correct copy of the letter dated July 7, 2014, and that the attached receipt is the receipt for said certified letter signed by an agent of the defendant on July 17, 2014. /s/ David J DAVI ESQUIRE DAVID J. GORBERG' LAURA L. APPLEGATE' COURTNEY L. SOFIA* EMMA E. CHIAMPOU* • MEMBER OF PA AND NJ BARS t MEMBER OF PA, NJ AND NY BARS EMEMBER OF PA AND MA BARS DAVID J. GORBERG & ASSOCIATES, P.C. 32 PARKING PLAZA SUITE 700 ARDMORE, PA 19003 Ford Motor Company c/o CT Corporation 116 Pine Street Suite 320 Harrisburgh, PA 17101 NEW JERSEY OFFICE 208 KINGS HIGHWAY SOUTH CHERRY HILL, NJ 08034 1 -800 -MY -LEMON PITTSBURGH OFFICE 1-800-695-3666 215-565-7660 FAX 213-663-8738 www.MyLemon.corn July 7, 2014 RE: Bobonick vs Ford Motor Company DOCKET # 14-3837 Dear Sir/Madam: 1900 ALLEGHENY BLDG. 429 FORBES AVENUE PITTSBURGH, PA 15219 BUFFALO OFFICE 70 NIAGARA STREET, STE 612 BUFFALO, NY 14202 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 Instructions 1. Each Click -N -Ship® label is unique. Labels are to be used as printed and used only once. DO NOT PHOTO COPY OR ALTER LABEL. 2. Place your label so it does not wrap around the edge of the package. 3. Adhere your label to the package. A self-adhesive label is recommended. If tape or glue is used, DO NOT TAPE OVER BARCODE. Be sure all edges are secure. 4. To mail your package with PC Postage®, you may schedule a Package Pickup online, hand to your letter carrier, take to a Post Office", or drop in a USPS collection box. 5. Mail your package on the "Ship Date" you selected when creating this label. ,oRtkib*\ 600d, —akick‘ W-JD4- -wolcktrA lio(14 y Click -N -Ship® Label Record USPS TRACKING # 9405 5036 9930 0331 8988 56 Trans. #: 303831558 Print Date: 07/08/2014 Ship Date: 07/08/2014 Expected Delivery Date: 07/10/2014 Priority Mail® Postage: $5.05 Total: 55.05 From: DAVID GORBERG DAVID J. GORBERG & ASSOCIATES, P.C. 32 PARKING PLZ STE 700 ARDMORE PA 19003-2440 To: FORD MOTOR COMPANY C/O CT CORPORATION 116 PINE ST STE 320 HARRISBURG PA 17101-1250 • Commercial Base Pricing Priority Mail rates apply. There is no fee for USPS Tracking"' service on Priority Mail service with use of this electronic rate shipping label Refunds for unused postage paid labels can be requested online 30 days from the print date. i P05T DSTATSERVES E. Thank you for shipping with the United States Postal Service! Check the status of your shipment on the USPS Tracking page at usps.com Marie Kahlan From: Sent: To: Subject: Britney Doyle <britney@mylemon.com> Thursday, July 17, 2014 10:50 AM 'Marie Kahlan' FW: USPS Shipment Info for 9405503699300331898856 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 [mailto:US Postal Serviceausps.corn] Sent: Thursday, July 17, 2014 10:02 AM To: britneyamylemon.com Subject: USPS Shipment Info for 9405503699300331898856 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: 9405503699300331898856 Service Type: USPS Tracking7M Shipment Activity Location Date & Time Delivered Notice Left (No Authorized Recipient Available) Out for Delivery Sorting Complete Arrival at Post Office Depart USPS Sort Facility Processed through USPS Sort Facility Arrive USPS Sort Facility Depart USPS Sort Facility Processed at USPS Origin Sort Facility Depart Post Office Acceptance HARRISBURG, PA 17110 HARRISBURG, PA 17101 HARRISBURG, PA 17110 HARRISBURG, PA 17110 HARRISBURG, PA 17110 HARRISBURG, PA 17107 HARRISBURG, PA 17107 HARRISBURG, PA 17107 PHILADELPHIA, PA 19116 PHILADELPHIA, PA 19116 ARDMORE, PA 19003 ARDMORE, PA 19003 July 17, 2014 9:07 am July 10, 2014 9:41 am July 10, 2014 9:24 am July 10, 2014 9:14 am July 10, 2014 6:58 am July 10, 2014 4:59 am July 10, 2014 4:12 am July 10, 2014 1:50 am July 9, 2014 11:10 pm July 9, 2014 7:06 pm July 9, 2014 6:17 pm July 9, 2014 12:24 pm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERNELL & SARAH BOBONICK, Plaintiff(s), v. FORD MOTOR COMPANY, Defendant. CASE NO. 14-3837 Civil Civil Action PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly enter my appearance in the above -captioned matter on behalf of Defendant, Ford Motor Company. Papers may be served at the address set forth below. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for defendant, Ford Motor Company BY: DATED: August 8, 2014 PAUL K. RUSSELL, ESQ. I.D. #70882 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PERNELL & SARAH BOBONICK, Plaintiff(s), v. FORD MOTOR COMPANY, Defendant. CASE NO. 14-3837 Civil Civil Action ANSWER AND NEW MATTER AND NOW, comes defendant, Ford Motor Company ("Ford"), by its attorneys, Dobis, Russell & Peterson, P.C., and files the within Answer and New Matter as follows: ANSWER 1. Admitted. 2. Admitted. BACKGROUND 3. Ford repeats and reiterates its answers to the allegations of paragraphs 1 and 2 with full force and effect as though more fully set forth. 4. Ford specifically denies the allegations contained within this averment and requests strict proof supporting the allegations at the time of trial. 5. Ford denies that this is an accurate statement regarding the purchase price of the subject vehicle. 6. Ford specifically denies the allegations contained within this averment. 7. Ford denies that this is an accurate or complete statement regarding the limited warranty applicable to the subject vehicle. 8. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 9. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 10. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 11. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 12. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 13. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 14. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 15. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 16. Ford specifically denies the allegations contained within this averment. 17. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. AS TO COUNT I 18. Ford repeats and reiterates its answers to the allegations of paragraphs 1 —17 with full force and effect as though more fully set forth. 19. This averment constitutes a conclusion of law to which no response is required. 20. This averment constitutes a conclusion of law to which no response is required. 21. This averment constitutes a conclusion of law to which no response is required. 22. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 23. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 24. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 25. Ford specifically denies the allegations contained within this averment. 26. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 27. This averment constitutes a conclusion of law to which no response is required. AS TO COUNT II 28. Ford repeats and reiterates its answers to the allegations of paragraphs 1 — 27 with full force and effect as though more fully set forth. 29. This averment constitutes a conclusion of law to which no response is required. 30. This averment constitutes a conclusion of law to which no response is required. 31. Admitted. 32. Ford denies that this is an accurate or complete statement regarding the limited warranty applicable to the subject vehicle. 33. Ford specifically denies the allegations contained within this averment. 34. Ford specifically denies the allegations contained within this averment. 35. This averment constitutes a conclusion of law to which no response is required. 36. This averment constitutes a conclusion of law to which no response is required. AS TO COUNT III 37. Ford repeats and reiterates its answers to the allegations of paragraphs 1 — 36 with full force and effect as though more fully set forth. 38. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. Furthermore, Ford denies the existence of an implied warranty of fitness for a particular purpose. 39. Admitted. 40. Ford denies the existence of an implied warranty of fitness for a particular purpose. 41. Ford specifically denies the allegations contained within this averment. 42. Ford specifically denies the allegations contained within this averment. 43. Ford denies that this is an accurate statement regarding the potential damages available under the applicable laws. AS TO COUNT IV 44. Ford repeats and reiterates its answers to the allegations of paragraphs 1 — 43 with full force and effect as though more fully set forth. 45. This averment constitutes a conclusion of law to which no response is required. 46. Ford specifically denies the allegations contained within this averment. 47. This averment constitutes a conclusion of law to which no response is required. NEW MATTER 48. The subject vehicle does not have a non -conformity, defect or condition which substantially impairs its use, value or safety. 49. Plaintiff failed to permit defendant a reasonable number of attempts to repair the alleged non -conformity, defect, or condition, or otherwise failed to give defendant a reasonable opportunity to cure the defect. 50. The alleged non -conformity, defect or condition is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle. 51. Plaintiff failed to mitigate damages and therefore plaintiffs damages should be limited accordingly. 52. Plaintiffs damages are as limited by the conspicuous disclaimer contained in the written warranty to repair or replacement of the allegedly defective goods, and consequential flamages are expressly excluded pursuant to the applicable provisions of the Uniform Commercial Code. 53. Any and all injuries and damages sustained were the result of a third party over whom this party had no control. 54. The Complaint fails to state a claim upon which relief can be granted. WHEREFORE, this defendant requests this Honorable Court to enter judgment in its favor. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that PAUL K. RUSSELL, ESQ., is hereby designated as rial counsel. CERTIFICATION OF COUNSEL I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. CERTIFICATION I hereby certify that a copy of the within document has been filed with the i 'Prothonotary's Office in the Court of Common Pleas of Cumberland County, PA, Civil Action and that a copy of the same was served upon all interested attorneys within the period of time allowed in accordance with the Rules of the Court. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for Defendant, Ford Motor Company BY: DATED: August 8, 2014 / 4.6ad," PAUL K. RUSSELL, ESQ. I.D. #70882 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Identification No. 53084 32 Parking Plaza Suite 700 Ardmore, PA 19003 215-665-7660 Attorney for Plaintiff ��t}}-[(�L(�r_ U-OEF �f CEry •:3 UHE P 0' HQNQTAf�. 2 I4 AUG 2 I PIS 3:51 CUMBERLAND COUNTY PENNSYLVANIA PERNELL & SARAH BOBONICK : COURT OF COMMON PLEAS vs. FORD MOTOR COMPANY : NO. 14-3837 CIVIL PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER Plaintiff, Pernell & Sarah Bobonick, through his attorney, DAVID J. GORBERG, hereby responds to defendant's New Matter as follows: 48-54. Denied. The allegations contained in paragraphs 48 through 54 inclusive, of defendant's New Matter are conclusions of law to which no specific response is required under the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff demands judgment in his favor and against the D AVI ..GORBERG, ESQ. Attorney for Plaintiff VERIFICATION I, DAVID J. GORBERG, verify that I am the attorney for the Plaintiff and that the statements made in the attached ANSWER TO NEW MATTER is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit; and that the language of this pleading is that of counsel. Signer verifies that he has read the within pleading and that it is true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: August 18, 2014 VID J.ERG, ESQ. Attorney for Plaintiff CERTIFICATION OF SERVICE I, DAVID J. GORBERG, ESQUIRE, do hereby certify that service of a true and correct copy of the within ANSWER TO NEW MATTER was made on August 18, 2014 all interested parties by Regular First Class Mail. ;.r.erg • AVI GORBERG, ESQ. Attorney for Plaintiff INTERESTED PARTIES: Paul K. Russell, Esquire 326 South Livingston Avenue Livingston, N.J. 07039