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HomeMy WebLinkAbout14-4315 i rniipreme Court of Pennsylvania CourtfOfs.Commoln leas For Prothonotary Use Only: Cavil Couer�Sheet �r y` Docket No: ST CUMBERLAND - "`� �.� COUII NIFFeMtY I'�- /4315 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadin s or other papers as required by law or rules of court. Commencement of Action: S 51 Complaint 0 Writ of Summons 0 Petition E Transfer from Another Jurisdiction E] Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T GARY FOSTER FORD MOTOR COMPANY Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes No �: O (check one) Doutside arbitration limits N Is this a Class Action Suit? D Yes El No Is this an MDJAppeal? i.: Yes EE No A Name of Plaintiff/Appellant's Attorney: David J. Gorberg, Esquire 0 Check here if you have no attorney(are a Self-Represented [Pro Se] 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 0 Malicious Prosecution 0 Debt Collection: Credit Card [1:i� Board of Assessment 0 Motor Vehicle El Debt Collection: Other 0 Board of Elections D Nuisance D Dept.of Transportation 0 Premises Liability J Statutory Appeal: Other S D Product Liability(does not include " E mass tort) l Employment Dispute: D Slander/Libel/Defamation Discrimination C 0 Other: Q Employment Dispute: Other El Zoning Board T D Other: I Q Other: O MASS TORT D Asbestos N 0 Tobacco D Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste 0 Other: F71 Ejectment El Common Law/Statutory Arbitration B Eminent Domain/Condemnation [] Declaratory Judgment Ground Rent ❑' Mandamus Q Landlord/Tenant Dispute EJ Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure:Commercial Quo Warranto 0 Dental D Partition D Replevin Legal E] Quiet Title 0 Other: E] Medical E] Other: D Other Professional: Updated 1/12011 FILED-OFFICE €F.THE PROTHONOTARY X 14 JUL 24 FN 3� e CUMBERLAND COUNTY PENNSYLVANIA GARY FOSTER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR COMPANY NO. 14- 4515 AvoTipu �6 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 A CARLISLE, PA 17013 1-800-990-9108 113. 7 Pp A7 717-249-3166 al D7410109/ ��308884 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 Gary Foster 73 Foxanna Drive Carlisle, PA 17015 COURT OF COMMON PLEAS VS. Cumberland Ford Motor Company C/O CT CORPORATION 116 PINE STREET SUITE 320 HARRISBURGH PA 17101 COMPLAINT 1. Plaintiff, Gary Foster, is an adult individual citizen an legal resident of the Commonwealth of Pennsylvania residing at 73 Foxanna Drive Carlisle, PA 17015. 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. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about August 31, 2012, Plaintiff purchased a new 2012 Ford Focus (hereinafter referred to as the"vehicle"), manufactured and warranted by Defendant bearing the Vehicle Identification Number 1FAHP3F25CL413033. 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 $25,909.60. 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 August 31, 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, 5-6xs -transmission, trunk lid fell in(Ix)tires. Copies of repair receipts are attached hereto and marked as Exhibit "A" 10. The nonconformities violate the express written warranties issued to Plaintiff by Defendant. I t 11. Plaintiff avers the vehicle has been subject to repair more than two (2)times for the same nonconformity, and the nonconformity remains uncorrected. 12. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the defendant on numerous occasions. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 13. In addition, the above vehicle has or will in the future be out of service by reason of the non-conformities complained of for a cumulative total of thirty (30) days or more. 14. The vehicle continues to exhibit defects and nonconformities which substantially impair it's use, value and/or safety. 15. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and/or nonconformities and/or conditions for which the Defendant and or it's authorized service center, may not have maintained records. 16. Plaintiff has been and will continue to be financially damaged due to Defendant's failure to comply with the provisions of its' warranty. 17. Plaintiff seeks relief for losses due to the nonconformities and defects in the above mentioned vehicle in addition to attorney fees and all court costs. COUNT 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. Plaintiff s 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$50,000.00. DAVID J. GORBERG & ASSOCIATES, P. BY: DA J. GORBERG, ESQUIRE Attorney for Plaintiff i VERIFICATION The undersigned verifies that the Civil Action Complaint is based on information furnished to counsel in the preparation of his/her Lemon Law and/or Breach of Warranty lawsuit. The language of the Civil Action Complaint is that of counsel and not of signer. Signer verifies that the information supplied to counsel is true and correct to the best of his/her knowledge, information and belief. The contents of the Civil Action Complaint is that of counsel and not of signer. This verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. X -4� Gary Foster Date: C^..'..:,=N'.:EALTH CF PENNSYLVAh4A REMSTRATICV CP.ECE IT;Rd } EXPIRY: APR 30,2015 -VAL.1©:! 03/07/14:: :;' _ PLATE: JOE7280 SIGNATURE TITLE: 71271245201 FO VIN: if ARP3F25CL413033 YR/MAKE: 243 . :2,'FbRD I hereby acknowledge this day that I hay-received notice of the proviriona of Section 3709;cf the Vehbb TYPE: SDN.` code. WID: 14466 26D0'. 012844-001'' £MISSIONS INSPECTION REQUIRED/DIESEL VEHICLES EXEMPT COUNTY: CUMBdRLAND GARY FOSTER 3 ' 73 FOXANNA DR CARLISLE PA 17015 1 s t r EMAIL ADDRESS OF CARLISLE ` • a' it 170 YORK ROAD'e CARLISLE, PA 17013 ` t PHONE:(717)249-2215 4717)" 234 0662, 1,800 PIK 4811 DEAL #:0001 h.11St �r: J NAME DATE GARY FOSTER OFf—t:c'rZ+t 21 STREET 73 FOXANNA DR ,cl4k I SLE STATE PA ZIP=7015 PHONE PHONE RES 717-448-847P BUS. PLEASE ENTER MY ORDER FOR THE FOLLOWING PRIOR X } OE1(tOL�Minas- �r ina TBUr x-i„11SE =- ^=r• - YEAR MAKE MODEL TYPE ' .`O ili {=4?I{I'i 011-iii uE t+r= COLOR TRIM SERIAL NO. REIT 1Fi1QHP3F2S',_.'L l•130,33 STOCK NO SALESMAN ttt4�YMI, TO BE DELIVERED ON _k?R.ABOUT IC'i���i i ,Lt+iAtr' fJfr.311tl F r-)!,1 CJi'1' ftri k�Ft i le. '7t'.`t,•" , bsr+ DESCRIPTIONOF • BIRTH DA7 YEAR MAKE MODEL, f 2936 FORD tt!Htel�E�t , TYPE SERIAL NO ,,,,,,^ ! CI.tIB CAB PIC: 1F t C.rd 41.121 PAQIA889 FACTORY REBATE OF sip'Ll'&I � ` COLOR TRIM , TITLE NO - INCLUDED IN SALE PRICE OF VEHICLE ILLtE 6I 4; 07c 0` OR TRADE VALUE IN LIEU OF REDUCED FINANCE'RATE. PLRTE �kaI1hh'C^r EXPIRE ' ty, .MILEAGE �y . NOt\!'iQi ( � ••DATE, i1F/ /.1• _ - �.v l: 7L� - If you cancel this purchase agreement or refuse to take delivery of the vehicle Ordered.except as permitted GAP 0 by law,you shalt•at our option,forfeit as damages: PAINT SEALANT 1 Purchaser hereby acknowledges to the above clause. ng({ l Customer's ESP E3 COST SignatureX 1 TOTAL CASH PRICE [lic7�E7`_ �tCt ❑ FACTORY WARRANTY-The factory warranty constitutes all of the warrnahes with respect to the sale of this Item/deme. 1 iiL a 1P0 The sever hereby expressly disclaims all warranties.either expressed or implied including any Implied warranty of 2. TRADE ALLOWANCE merchantability or fitness for a particular purpose.and the salter neither assumes nor authorizes any other person to assume for It any liability,n connection with the safe of this ItemAtems. J•i'jg}�,`, .tfio ❑ USED CAR WARRANTY-Used car,s covered by a limited warranty detailed in a separate document. 3. TAXABLE BALANCE(1-2) ❑ AS IS-This motor vehicle is sold"A$IS"wdhnut any warranty either expressed or Implied.The purchaser will bear the y entire expense of ffjre{pairing or correcting any ciet4c)that..presently exists or that may Occur in the vehicle 4. SALES TAX(3 x 6%) t� x Customers` '" '.. �, ,. 1 ... /_ .,, '._ ✓. ,% r. ) - -st •v .r.+.:...........e.�.s.--,.-.,rSLP�+Ft't"`bf:a'•+':• NL'r"^'f-a .t IGTa!i Signature 'X .. . AGENT IORESSI VE 'DIRECT 6.TOTAL FEES INS COPROIMrPESSIISE TNS Cil 7.MISC.TAX NA ADDRESS 7 B.TOTAL PRICE OF VEHICLE(1+4a5a6a7) PHONE 800-17647-379.t647.31IN91 9.PAY OFF POLICY .4jj:�1Vl.�Ib TRADE ALLOWANCE 16Yr� •00 10.DEPOSIT 1� VERIFIED BY _LESS BALANCE OWED :9k 11.CASH DUE ON DELIVERY 10i � ENCUMBRANCE = YES'.OXNO. O:•, Ll1k'HOLDER ' :,tilt AMT: $ 1' 1 . 3S ."; ,.i;oRESs f• i 17*7 IN FAVOR OFr. n t+��y{ MILEAGE ON: 13..TDTAI AMQUNT DUE ' f,91611, :13 5' .•FOPV-'06TIJR: L"#�Et3IT'cbi,NiJJOEIIVER`r gMOUN7 ' . •DUE DATE (e.g-.t1Y11)k I .n f••, �'�-"S CASH ❑ FINANCE ❑, t and as of the date hereof Comprises Purchaser age that this o r incudes all of 1M farms and conditions covered thereof,that this order kastcels and supersedes any prior agreemen + the corn fete and`�>�dustveL �t of the terms of agreement relating b itis subject matMn covered hereby.This order Nm9 not bee bin. "umil accepted by the dealer or his authorized t representative.Ypu+the buyer cancet;lhia contract and'reeeivel a foil refund any time before recalpt of a copy of this convw signed by an autllortzed dealer representative by giving written nonce got tetihrl; .the dealer.Purchaser by his execution of this order acknowledges that he has toad its teens and oondidons,has received a true copy of this order,and is I legal age or o iia01 ACCEPTED B OATEr'110.2 -• PURCHASER'S SIGNATURE X' ,A-u/L� PENNSYLVANIA VEHICLE RETAIL INSTALLMENT CONTRACT DATE 1-800-727-7000 Buyer(and Co-Buyer) Name and Address'(Including.County and. SELLER/CREDITOR(Seller Name and Address) Zip Code) GARY F01'11�-Q FAMIL'i !-:GRD INC. 73 FOXANNA DR 1 .'0 'YORIV PiIOD FORD CREDIT CARLal: } r t 1"f K.'t i CARL- ISLE, PA 1701.3 C(,1MP:'f'.t f'atlli UI ftL i�` wwwJordcredit.com The Buyer(and Co-Buyer,if any)is referred to as"you"or"your."The Seller/creditor is referred to as"we,""us"or"Seller."You,may buy the vehicle doscr ed below for cash or on credit.The cash price is shown below as"Cash Price."The credit price Is shown below as "Total Sale Price." By signing this contract,you I choose.to buy the vehicle on credit under the agreements on the front and back of this contract. New/Used Mileage Year and Make Modem Vehicle Identification Number ,,Use For Which Purchased C_ A C_ ❑ Personal ❑ Agricultural NFW �' 10g F'p8D i'OCUS SC 1FAN^ F SCt_41 i4.�.� ❑ Commercial MI�AB O O O CI DM low O%L,.00 YOU ARE REQUIRED TO INSURE THE 1 VEHICLE. YOU MAY OBTAIN VEHICLE 1. Cash Price...............................................................................................$ �.'�n ( ) j 2. Down Payment �0 t,Q10 INSURANCE FROM A PERSON OF Third Party Rebate Assigned to Seller........................................$ i a00 ..� YOUR CHOICE.G i GE Cash DoTtq Pay",rc ...............:..;.:.:-,...:w............ ...1,:r ....$---"�.eq, , �,. �s. �, LIABILITY INSURANCE - COVERA Trade-in -$ $ $ FOR BODILY INJURY AND PROPERTY r Year and Make Gross Allowance Amount Owing' '' '' j00. �' INCLUDED. CfSEd TO OTHERS`I9'NOT' Total Down Payment.................. ............................................... nom:-C .(2) DED. .......... 3. Unpaid Balance of Cash Price (1 minus 2) ......................................$ (3) CREDIT LIFE, CREDIT DISABILITY AND 4. Amounts paid on your behalf(Seller may be retaining a portion of these amounts) OTHER OPTIONAL INSURANCE ARE To Public Officials 6, 0 "5t NOT REQUIRED TO OBTAIN CREDIT (i) for license ($ title ($ 44_ i ) AND WILL NOT BE PROVIDED UNLESS }; YOU SIGN AND AGREE TO PAY THE registration($ }&fees($ ---0A 0A 4 PREMIUM. (ii) for filling fees $ 1 V; .gr V 1 r95 ' Credit (iii)for taxes (not in Cash Price) $ $ To Insurance Companies for: tJA Q Life Insurance Company � Credit Life Insurance (for term of contract)................................$ ;,', =�� � ice. I Credit Disability Insurance (for term of G�c�ntract).....................$ tar Ins ed s r;e ., ` (Term_ _ Months)............$ -Ir PremiumJ � )rl 1:5 'f i ..a1E'2 ' NA Mont s`17 ••••••••••$ ''� gYou want:Credit''fe insurance.i +;. $Qren, " *'-• til.. yJ• V..- ¢ - ':f 4.. s • .,., fl0 for To y for $ 44ri To =' for $ Buyer�Signs�blq i i - k TO v r, for IN, for $ _ 4oti s f�fr To $ Cro` y To - for r ;;y Bu er=Signs I $ To for , rt►f R �� 'Credit�� �'� i To �:. for -_ $ »r �0 D"sa $ bility ' i f for _ . , ' To , 4 irisurance Company Total.......................................................................................................$ =T— �... . .: I You,want Credit,Disabili Insurance. FEDERAL TRUTH-IN,LENDING _.DISCLOSURES _ ANNUAL FINANCE Amount Total of Total Sale PERCENTAGE CHARGE Financed Payments Price Buyer.Signs ` RATE The dollar amount The amount of The amount The total cost credit provided you Will have of your purchase ' The cost of your the credit will paid when you on credit, t; to you or on have made all Including our credit as a yearly rate cost you 9 Y j your behalf scheduled down ent Co-Buyer Signs payments , A 5. 50 3639.G5 19169.95 22809,DA of$` _ OTHER OPTIONAL INSURANCE i Coverage and Premium and Your4Payment Schedule will be: ,Insurance Company Term in Months Number of Payments Amount of Payments When Payments are Due NP L]Monthl _ Semi-Annually.❑Annually $ J L b'0VJ startin /J i s i r.. � rvN By • riM • �. N $ IA Prepayment: If you pay off your debt early, you will not have to pay a penalty. Security Interest: You are biving a security interest in the vehicle being purchased. By I Late Payment: You must pay a.late charge on the portion of each payment received more than 10 I days late.The charge is 2.0 percent of the late amount. You want the optional insurance for which Contract: Please see this contract for additional information on security interest nonpayment premiums are included above. default, the right to require repayment of your debt in full before the scheduled date, ana } 4 prepayment penalty. - .. - ..r-..-- _... ..,_ ._ .._ �-...--.-�.....- _4 d.i.�A4..:..,ir..ii:.y_::.�r...,;i w-....ir..•-.. _...:-�_ If you do not meet your contract obligations, you may lose your vehicle; as well Buyer Signs i as both parts and goods put on your vehicle and money or goods received for your vehicle. B%!iLLrOOfVrCONTRACT�[PROVISIONS Co=Buyer Signs El Your last installment payment under this contract is a balloon payment. Credit Life and Credit Disability Insurance are for the.term of the contract. The amount and EXCESS WEAR, USE AND MILEAGE CHARGES coverages are shown in a notice or agreement If the box directly above is checked, this,section, Paragraph B, and Paragraph C of given to you today. this contract apply. You may be charged for excessive wear based upon our standards for normal use. If you exercise the option to se{Iohe vehicle back to Seller under Paragraphyou must pay the Seller $0. per mile for each mile in excess ❑Debt Cancellation Waiver Addendum(Optional) of miles shown on the odometer. If this box is checked you have purchased a debt cancellation waiver. Purchase of`this coverage is i EXTRA MILEAGE OPTION CREDIT optional and is not required to obtain credit. The i If this contract contains a balloon payment (as indicated above), and you have terms and conditions of the debt cancellation waiver exercised your Option to sell the vehicle to the Seller under Paragraph B, this are.-set-forth In the attached Addendum which Is paragraph applies to your co�iHtract. At the scheduled end of this contract, You will incorporated into this contract.The price for the debt receive'a credit of $0. per unu A►ed mile for the number of unused miles cancellation waiver is set forth on this contract in the between NA and i miles, less any amounts You Itemization of Amount Financed under section 4. owe under this contract. You will not receive any credit if the vehicle is destroyed,-this contract ends early, or you are in default. You will not receive any credit if the credit is Buyer less than$1.00. Signs Anti-Theft Pr6duct(Optional) ElIf this box is checked you purchased the anti-theft product(s)listed below.The purchase of anti-theft product(s)is optional and not required to obtain credit,even if the product(s)is already installed on the vehicle you selected.You may purchase anti-theft product(s)from the person • of your choice. By signing below, you agree to purchase the anti-theft product(s) at the price disclosed. . NA or "M M $ Term faSf $ i ► Term Buyer Signs X NON-MODIFICATION DISCLOSURE Any change in this contract must be in writing and signed by you and the Seller. Buyer X 44 , �.. Co-Buyer X Signs Signs i; YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION ON THE REVERSE SIDE OF THIS CONTRACT. i! The Annual Percentage Rate may be negotiated with.the Seller. The Seller may assign this contract and may retain its right to receive a portion of the Finance Charge.. �i NOTICE TO BUYER Do not sign this contract in blank. You are entitled to an exact copy of the contract that you sign. Keep it.to protect your legal rights. i Buyer X C60 4 4� r A o-Buyer X {;. Signs Signs Buyer"(and Co-Buyer)• acknowledge-that-(i)- before`sig hi0 phis contract;Buyer landCd- "Buyer)-received and reviewed a true and completely filled in copy of this-contract and (ii) at the time of signing this contract, Buyer (and Co-Buyer) received a true and completely filled in copy of this contract. yJ Buyer X Co-Buyer X Signs Signs FAi+iil.Y FORD ,Nr,. X Seiler By Title THIS CONTRACT IS NOT VALID UNTIL Yptqo I jkaR SIGN IT. ASSIGNMENT Seller may transfer this contract tpLIother pe!p?rtvji�persOi3iw,llp4gn have all Seller's rights, privileges,and remedies. By signing below,the Seller assigns this contract to +�. ("Assignee"). Ii To cys�n�act��sq��ee�al�Qut�x�� contract, call , or visit their website at FAMILY FORD !NC, X Seller By Title I FC 17637-SI(FEB 12) (Previous editions may NOT be used.) SEE THE I E FOR ADDITIONAL_AGREEMENTS FC 17637-B-SVFC 17637-RCO PLY 1 -ORIGINAL PLY 2-BUYER'S COPY PLY 3-CO-BUYER/GUARANTOR COPY PLY 4-SELLER'S COPY(NON-TRANSFERABLE) I. ._.. ..................................................................--- ---- -- 170 York Road W Carlisle, PA 17013 717-249-2215 Fax: 717-249-1437 )4 FORS 0 -W" . www.familyfordofpa.com 0 Cn NVOICE..NO- .....;:: GARY FOSTER 1FAHP3F25CL413033 16663 07/09/13 34597 73 FOXANNA DR CARLISLE PA 17015 12 FORD FOCUS SE RED CANDY 00150 3iQriiE..;PAOIJ£. .....:::;.:.�;' .�{dORK:PHONE.. .. -;`::�.`;;:&�OCIC.idQ :.- 024366 YXM8575 717-448-8472 - - 12216 00/00/00 31 CASH . . ST..S�ABOR i ,TE -. DELiSf. PiTl3.. r2ET7MLES :.�FrPGE Iii `.: ..DPi'I'P Iia .:.;..Id..3ERV 81. 00 08/31/12 109 16663 06/28/13 08/31/12 2 .OL I4 DI TIVCT A om MULTI-POINT INSPECTION = MULTI-POINT INSPECTION 99P A34 ' = BATTERY GOOD GBATT A34 = BRAKES OVER 7/32 OK GBK A34 = 7/32 AND GREATER OK GTIRE A34 99P A34 Line Total. B Com Customer states runs rough and or transmission stumbles grinding noises from vehicle , also ck oil leaks on top -of engine au verify concern , hook up ids ck codes , run oasis , founs TSB 11-12-13 verify coverage and order parts install new clutch assy kit refill an or test drive to verify repair , repair per tsb return to customer perform adaptive drive cycle Ford Motors Data C1mTyp: 11 CstCrn: P66 MilInd: CondCd: D8 ManRev: Hldlnd: = NOT AVAILABLE 6 .40 111213A A34 = NOT AVAILABLE .10 111213A A35 A35 W W705448 S441 NUT 8 W W715491 S442 BOLT 1 W CUSTOMER COPY - PAGE 01 STATEMENT OF DISCLAIMER On behalf of servicing dealer, I hereby certify that the information contained The factory warranty constitutes all of the warranties with respect to the hereon is accurate unless otherwise shown. Warranty services described were sale of this item/items. The Seller hereby expressly disclaims all performed at no charge to owner. There was no indication from the appearance of warranties either express or implied, including any implied warranty of the vehicle or otherwise, that any part repaired or replaced under this claim merchantability or fitness for a particular purpose. Seller neither had been connected in any way with any accident, negligence or misuse. Records assumes nor authorizes any other person to assume for it any liability in supporting this claim are available for (1) year from the date of payment notifi- connection with the sale of this item/items. cation at the servicing dealer for inspection by manufacturers representative. CUSTOMER SIGNATURE (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) 170 York Road W Carlisle, PA 17013 717-249-2215 Fax: 717-249-1437 www.familyfordofpa.com O °: »;> VMCM .... ATTON>z[<> :T:EAG >3Q 5 >`-" )ATE`OLTT''' >><>IiIVD.ICE.. GARY FOSTER 1FAHP3F25CL413033 16663 07/09/13 34597 73 FOXANNA DR ..... ,..: .:..:....:,.:..: . . . CARLISLE PA 17015 12 FORD FOCUS SE RED CANDY 00150 ::.: . .. iVaRSc.::P rows....:...:.. s20 K::aJa: PF�oD.�ATE. .sERV,ADV.: ERNrs: 024366 YXM8575 717-448-84721 1 - - 12216 100/00/00 131 CASH idBT.. AEOR RATE DELIV,.DRTE.. . DEI.I�7NLEu.: .MTIiEi9G} . i+I.: . .f3A`l'E IN:SEItV>.33ATE .... .. 81. 00 08/31/12 109 16663 06/28/13 08/31/12 2 . OL I4 DI TIVCT LiiE 1? CObL*.... FAIF,GFt. 7ClG't `:. .. . : ..:. ..TiZh54'tY...'1'3t1�E:. .. #1MOt3N�` . W520415 S442 NUT 1 W YS4Z 3N324 AA RETAINER - BE 1 W W520102 S442 NUT - LOCKING 1 W AE8Z 15177 A SEAL 2 W X AE8Z 7052 A SEAL ASY - OI 1 W AE8Z 7048 A SEAL ASY - OI 1 W 9U7Z 19A506 BA GREASE - CHAS 1 W AE8Z 7064 A SNAP RING 1 W PM 4 A BRAKE CLEANER 1 W XT 11 QDC FLUID - TRANSM 2 W XL 2 LUBRICANT - UN 1 W BV6Z 7B546 D CLUTCH ASY 1 W Line Total. Warranty Claim Type: F Authorization Code: on-Prepaid Special Order Parts: OR# PART# DESCRIPTION Qty 002552 BV6Z 7B546 C CLUTCH ASY 1 CUSTOMER COPY - PAGE 02 STATEMENT OF DISCLAIMER On behalf of servicing dealer, I hereby certify that the information contained The factory warranty constitutes all of the warranties with respect to the hereon is accurate unless otherwise shown. warranty services described were sale of this item/items. The Seller hereby expressly disclaims all performed at no charge to owner. There was no indication from the appearance of warranties either express or implied, including any implied warranty of the vehicle or otherwise, that any part repaired or replaced under this claim merchantability or fitness for a particular purpose. Seller neither had been connected in any way with any accident, negligence or misuse. Records assumes nor authorizes any other person to assume for it any liability in supporting this claim are available for (1) year from the date of payment notifi- connection with the sale of this item/items. cation at the servicing dealer for inspection by manufacturer's representative. CUSTOMER SIGNATURE (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) 170 York Road W Carlisle, PA 17013 717-249-2215 to ILYBigwFax: 717-249-1437 IF ww.familyfordofpa.com OO UEHICL&7IIENTTFTATT(3N IiEAGE`:O IIAT OEIT... ....:.Ii7(3ICE NO'. :;.::.' . GARY FOSTER 1FAHP3F25CL413033 16663 07/09/13 34597 73 FOXANNA DR _._..._._.............__.................................._....... ._........_.....-...._.............._... ................................................................................................................................................. >::::>:='btAKRz>:>:z: »><>::»::>:<:_>::x:M b .....:.....:::<:......:>::: Tt<>:::::»»: ::>:: :::::<.iz::<:IA CARLISLE PA 17015 a - � 12 FORD FOCUS SE RED CANDY 00150 ..::.:::...:::..................... .:.: . S;ZCE1�f8�;::: PR0II::33A2'E .;,:::::;;;:8ER�1..ADS7. TERMS..... C.Usa�10 3ioNlE:PHONE. ..... .::,;..;'w0RK'::PFIt7NE.' $T0za4Q:: 024366 YXM8575 717-448-8472 - - 12216 00/00/00 31 CASH .GLJ5T..7aF1$.0R RA7.'E . DELI V;.IIPiTE . >I?ELIY�MILES.<:.M�IikEAGE SN. :....IIATE IN :<-IN-SERV i7A�.. 81. 00 08/31/12 109 16663 06/28/13 08/31/12 2. 0L I4 DI TIVCT F+.YL-.Gb C#t :.s::::::::>: zt4tt51QI``. :. .?lM4t�?`.. TOTAL-CUSTOMER NoCharge CUSTOMER COPY - PAGE 03 STATEMENT OF DISCLAIMER On behalf of servicing dealer, I hereby certify that the information contained The factory warranty constitutes all of the warranties with respect to the hereon is accurate unless otherwise shown. Warranty services described were sale of this item/items. The Seller hereby expressly disclaims all performed at no charge to owner. There was no indication from the appearance of warranties either express or implied, including any implied warranty of the vehicle or otherwise, that any part repaired or replaced under this claim merchantability or fitness for a particular purpose. Seller neither had been connected in any way with any accident, negligence or misuse. Records assumes nor authorizes any other person to assume for it any liability in supporting this claim are available for (1) year from the date of payment notifi- connection with the sale of this item/items. cation at the servicing dealer for inspection by manufacturer's representative. CUSTOMER SIGNATURE (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) _ 170 York Road W Carlisle, PA 17013 0 WE 7.17-249-2215IL Fax: 717-249-1437 www.familyfordofpa.com D Cn UE�IiCLE"S�3EISFIFTQ&TIUI:.. LEAGE::Q i71XTE OE}T. .. ...Si�7S7QICE.NO.-. ' GARY FOSTER 1FAHP3F25CL413033 20423 09/11/13 36043 73 FOXANNA DR . CARLISLE PA 17015 COLbR . TAG_�tQ 12 FORD FOCUS SE RED CANDY 00183 :. :: .... . . WORK'.PHONE... . ..:.><: ::STOCK NQ PRQD a1ATE;:<:;: ":'SE3t�7.2�D�T. "' :....TERlfiS:::.:. 024366 YXM8575 1 717-448-8472 - - 12216 100/00/00 1107 CASH CEJST,LAEit?R RATE. AkLIU..i7AT$ Dk'#tZV.4-vaw3 MIIrEAGk' IBJ. .AATR:-IN IN..' RV. FiTE. - 81. 00 08/31/12 109 20423 09/11/13 08/31/12 2 . OL I4 DI TIVCT zwomar :.. Labor 21.13 Parts 19.23 Sales Tax 2 . 56 Misc Charge 2 .35 TOTAL-OUST-CRCARD 45.27 DZ NA SEP 112013 8y CUSTOMER COPY - PAGE 02 STATEMENT OF DISCLAIMER on behalf of servicing dealer, I hereby certify that the information contained The factory warranty constitutes all of the warranties with respect to the hereon is accurate unless otherwise shown. Warranty services described were sale of this item/items. The Seller hereby expressly disclaims all performed at no charge to owner. There was no indication from the appearance of warranties either express or implied, including any implied warranty of the vehicle or otherwise, that any part repaired or replaced under this claim merchantability or fitness for a particular purpose. Seller neither had been connected in any way with any accident, negligence or misuse. Records assumes nor authorizes any other person to assume for it any liability in supporting this claim are available for (1) year from the date of payment notifi- connection with the sale of this item/items. cation at the servicing dealer for inspection by manufacturers representative. CUSTOMER SIGNATURE (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) 170 York Road W Carlisle, PA 17013 °o 717-249-2215 Fax: 717-249-1437 www.familyfordofpa.com 0 CP ....................... _ ....... ................................. ..........................._.... _........ . VEFIICLE DEN IRICATION: . kIII;EAGE`:Q �7ATE QITt INVOICE:NG. GARY FOSTER 1FAHP3F25CL413033 27572 02/11/14 38705 73 FOXANNA DRIPART-CLOSE CARLISLE PA 17015 :: mom. ... .::. TAG-Na 12 FORD FOCUS SE RED CANDY 00135 CUST..NO LZ.CENSE. .>.: :NOME PFTONEPHONE. c.: STOCK.iIO.i ETtOfY:£LATE. SERV.. 024366 YXM8575 717-448-8472 - - 12216 00/00/00 107 CASH -. DEL3V.:MILrES.:.;:MILEAGE.IN. AAPS:: N iN.SERV .RATE..... z 'Cu T.;LABOR RATE DLIV:RATE :.s....: ' —> 81 . 00 08/31/12 109 27572 02/07/14 08/31/12 2 . OL I4 DI TIVCT LIi1E off; on -... fix :cro.....: .::.rEMV_ _:.. xot is/�rY.:°. rr :. +NO ....:.. A om Customer states grinding noise in transmission second gear Q 2000 RPM. or road test with customer to verify - remove starter and performed clutch torque procedure, removed air box and battery tray to access engine mount - neutralizeengine mounts and reinstall air box - swapped shift motors A&B as per SSM 44283 and roadtest after sitting cold overnight Line Total. Warranty Claim Type: F Authorization Code: TOTAL-CUSTOMER NoCharge CUSTOMER COPY - PAGE 01 STATEMENT OF DISCLAIMER On behalf of servicing dealer. I hereby certify that the information contained The factory warranty constitutes all of the warranties with respect to the hereon is accurate unless otherwise shown. warranty services described were sale of this item/items. The Seller hereby expressly disclaims all performed at no charge to owner. There was no indication from the appearance of warranties either express or implied, including any implied warranty of the vehicle or otherwise, that any part repaired or replaced under this claim merchantability or fitness for a particular purpose. Seller neither had been connected in any way with any accident, negligence or misuse. Records assumes nor authorizes any other person to assume for it any liability in supporting this claim are available for (1) year from the date of payment notifi- connection with the sale of this item/items. cation at the servicing dealer for inspection by manufacturer's representative. CUSTOMER SIGNATURE (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) 170 York Road �p Carlisle, PA 17013 717-249-2215 Fax: 717-249-1437 VAW.familyfordofpa.com 0 CP _ ....__. ..... . ..._ ..._...._............................._...._.._._......................._..._. ..._:........................._.._........._.._. ...... ....... : >-:<::>::EXGE � E � JPZ....U :IDENUPiCAT10K.: � GARY --.:.-. .- FOSTER 1FAHP3F25CL413033 31127 05/30/14 40752 73 FOXANNA DR CARLISLE PA 17 015 ;: ..:.. Mone;_ : oizx .:::;::: . 12 FORD FOCUS SE RED CANDY 00630 ... . Ct7ST:ND; . .:LICENSE. >.....:ADML PFIONE. WORK.PHONE STOCK NQ.: *PROD.DAM SERV" RNfS . 024366 YXM8575 717-448-8472 - - 12216 00/00/00 36 CASH OUST LABOR RATE DELIV.IIA'18 81. 00 08/31/12 109LS N._ ERV.FJATE 31127 05/29/14 08/31/12 2 . 0L I4 DI TIVCT L :::..::::: NE.:...::: QP;C.pDE SAY ... .. ct: ::;>: ::. totsxy':... ? .... A om Customer states foam at rear deck lid coming out SOP au as per TSB 13-03-20 or Replace Vent Foam. Includes Time To Remove And Install Parcel Shelf A34 W DM5Z 5446506 AB TRAY ASY - P 1 W Line Total. Warranty Claim Type: F Authorization Code: TOTAL-CUSTOMER NoCharge CUSTOMER COPY - PAGE 01 STATEMENT OF DISCLAIMER On behalf of servicing dealer, I hereby certify that the information contained The factory warranty constitutes all of the warranties with respect to the hereon is accurate unless otherwise shown. Warranty services described were sale of this itemlitems. The Seller hereby expressly disclaims all performed at no charge to owner. There was no indication from the appearance of warranties either express or implied, including any implied warranty of the vehicle or otherwise, that any part repaired or replaced under this claim merchantability or fitness for a particular purpose. Seller neither had been connected in any way with any accident, negligence or misuse. Records assumes nor authorizes any other person to assume for it any liability in supporting this claim are available for (1) year from the date of payment notifi- connection with the sale of this item/items. cation at the servicing dealer for inspection by manufacturer-s representative. CUSTOMER SIGNATURE (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) d 170 York Road Carlisle, PA 17013 717-249-2215 . Fax: 717-249-1437 ' www.familyfordofpa.com O .><.... ::CLL GARY FOSTER. 1FAHP3F25CL413033 31127 05/30/14 40751 A 73 FOXANNA DR Y� CARLISLE PA 17015 ,- 12 FORD FOCUS SE RED CANDY 00630 . : CiJST.Nb;:... : LSCENSR iib61E PIiQT4E... [V4RR.:Pii4NE :',.'. STO:CR.iTQ-:,:;• 1�ROB':.DAZ :;'' ;`&BRV:A3JV4'': ':`: :' TEi2MS 024366 YXM8575 717-448-8472 - - 12216 100/00/00 136 CASH CiJST I;A#3bR.RAT ... iEI,IV.DA : .:. ............ kLlV:i�{iE$ rzLEr�Gi did VATE:.i�JLRV:DATFs 81. 00 08/31/12 109 31127 05/29/14 08/31/12 2 . OL I4 DI TIVCT bP:G.bIIE PT�.f#? ;.. #:. I413R1I`Y..'3t1?e.. It1F�N`l` .. :. . .. ode Misc Charge Inv#/Info Days Hours TH PA STATE INSPECTION 1. 0 C 2 . 00 Line Total. . . . . 23 . 00 D om Customer states right rear vent shade came off again or remove old adhesive and clean - apply new double faced tape and reinstall A34 I Line Total.. E + Com mileage service :30000 miles Cor perform 30K maintenance as per schedule SERV A34 C 98 .49 FL 910 S FILTER ASY - O 1 C 5.33 XO 5W20 QSP OIL - ENGINE . 5 C 13 . 90 FA 1908 ELEMENT ASY - 1 C 19. 95 FP 70 FILTER - ODOUR 1 C 24 . 98 ode Misc Charge I Inv#/Info Days Hours TH OIL FILTER RECYCLE 1 . 0 C 1. 50 TH CLEANER FOR OIL CHA 1. 0 C .85 Line Total. . . . . 165. 00 CUSTOMER COPY - PAGE 02 STATEMENT OF DISCLAIMER - On behalf of servicing dealer, I hereby certify that the information contained The factory warranty constitutes all of the warranties with respect to the hereon is accurate unless otherwise shown. Warranty services described were sale of this item/items. The Seller hereby expressly disclaims all performed at no charge to owner. There was no indication from the appearance of warranties either express or implied, including any implied warranty of the vehicle or otherwise, that any part repaired or replaced under this claim merchantability or fitness for a particular purpose. Seller neither had been connected in any way with any accident, negligence or misuse. Records assumes nor authorizes any other person to assume for it any liability in supporting this claim are available for (i) year from the date of payment notifi- connection with the sale of this item/items. cation at the servicing dealer for inspection by manufacturer's representative. CUSTOMER SIGNATURE (SIGNED) DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GARY FOSTER, Plaintiff(s), v. FORD MOTOR COMPANY, Defendant. CASE NO. 14-4315 Civil Civil Action PRAECIPE FOR ENTRY OF APPEARANCE --v, 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 defenda t, Ford Motor Compan BY: DATED: August 13, 2014 JAMES DbBIS, ESQ. I.D. #68 50 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GARY FOSTER, Plaintiff(s), v. FORD MOTOR COMPANY, Defendant. CASE NO. 14-4315 Civil Civil Action ANSWER AND NEW MATTER rrl Fri c (s7 *..1".- CO 7 cJ (-) 2-:: --+ AND NOW, comes defendant, Ford Motor Company, by its attorneys, Dobis, Russell & Peterson, P.C., and files the within Answer and New Matter as follows: ANSWER 1. Admitted. 2. Admitted. BACKGROUND 3. Ford repeats and reiterates its answers to the allegations of paragraphs 1 and 2 with full force and effect as though more fully set forth. 4. Admitted. 5. Ford is without knowledge or information sufficient to form a belief as to the truth of this averment. 6. Ford specifically denies the allegations contained within this averment. 7. Admitted. 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 specifically denies the allegations contained within this averment. 23. Ford specifically denies the allegations contained within this averment. 24. Ford specifically denies the allegations contained within this averment. 25. Admitted. 26. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 27. Ford specifically denies the allegations contained within this averment. 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. Ford is without knowledge or information sufficient to form a belief as to the truth of this averment. 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. Ford specifically denies the allegations contained within this averment. 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. Ford is without knowledge or information sufficient to form a belief as to the truth of this averment. 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 or complete statement regarding the potential damages available under the applicable laws. AS TO COUNT !V 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. Plaintiff failed to comply with the statutory prerequisites for filing a Lemon Law claim. WHEREFORE, this defendant requests this Honorable Court to enter judgment in its favor. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that JAMES S. DOBIS, ESQ., is hereby designated as trial counsel. CERTIFICATION OF COUNSEL I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. CERTIFICATION I hereby certify that a copy of the within document has been filed with the Prothonotary's Office in the Court of Common Pleas of Cumberland County, PA, Civil Action and that a copy of the same was served upon all interested attorneys within the period of time allowed in accordance with the Rules of the Court. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for Defendant Ford Motor Company BY: DATED: August 13, 2014 n/e),t,a. JAMES S' DOBIS, ESQ. I.D. #68 0 213 Ya es 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 GARY FOSTER vs. FORD MOTOR COMPANY Attorney for Plaintiff : COURT OF COMMON PLEAS : NO. 14-4315 CIVIL PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER Plaintiff, Gary Foster, through his attorney, DAVID J. GORBERG, hereby responds to defendant's New Matter as follows: 48-50. Denied. The allegations contained in paragraphs 48 through 50 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 agai endant. s/ David J. Gorberg DAVID J. GORBERG, ESQ. Attorney for Plaintiff VERIFICATION I, DAVID J. GORBERG, verify that I am the attorney for the Plaintiff and that the statements made in the attached ANSWER TO NEW MATTER is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit; and that the language of this pleading is that of counsel. Signer verifies that he has read the within pleading and that it is true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. /s/ DATE: August 19, 2014 RBERG, 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 19, 2014 all interested parties by Regular First Class Mail. .'‘ DA,D GORBERG, ESQ. A orney for Plaintiff INTERESTED PARTIES: James S. Dobis, Esquire 326 South Livingston Avenue Livingston, N.J. 07039 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GARY FOSTER, CASE NO. 14-4315 Civil Plaintiff(s), C) C� v. Civil Action - ✓ s - m OD cn FORD MOTOR COMPANY, =cn 171 ry Defendant. r----- ---- �-``�r C7, = xQ;r.� PRAECIPE FOR ENTRY OF APPEARANCE • --i TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly enter my appearance in the above -captioned matter on behalf of Defendant, Ford Motor Company. I hereby certified that this change of attorneys is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. Date: August 28, 2014 PAUL K. RUS ELL, ESP (ID No. 70882) DOBIS, RUSSELL & P TERSON, P.C. 213 Yates Avenue Woodlyn, PA 19094 Phone: 610-689-8698 Fax: 973-740-2474 PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly withdraw my appearance on behalf of Defendant, Ford Motor Company. Date: August 28, 2014 JAMES S. DOBIS, R BIS, ESQ. (ID No. 68550) ELL & PETERSON P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GARY FOSTER, Plaintiff(s), v. FORD MOTOR COMPANY, Defendant. CASE NO. 14-4315 Civil Civil Action CERTIFICATE OF MAILING I, Paul K. Russell, Esq., do hereby certify that service of a true and correct copy of the within Praecipe for Entry/Withdrawal of Appearance was made on this 28th day of August, 2014, to the below listed counsel by United States mail, postage prepaid. David J. Gorberg, Esq. DAVID J. GORBERG & ASSOCIATES, P.C. 32 Parking Plaza, Suite 700 Ardmore, PA 19003 PAUL K. RUSSELL, ESQ (ID No. 70882)