HomeMy WebLinkAbout14-4887 Supreme Co P. nsylvania
COu OWN ISO leas For Prothonotary Use Only
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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 papers as required bylaw or rules of court.
A NO
Commencement of Action:
El Complaint 0 Writ of Summons Petition-
® Transfer from Another Jurisdiction Declaration of Taking
Lead Plaintiff's Name: Lead Defendants Name:
Victoria Fichtner Auto First, LLC
,71
Dollar Amount Requested: Elwithin arbitration limits
Are money damages requested? El Yes [3 No ( )
check one outside arbitration limits
-
Is this a Class Action Suit? ®Yes No Is this an MDJAppeal? ® Yes El No
Name of Plaintiff/Appellant's Attorney: -Christina Gill Roseman
® Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
HE
Nature of the Case.a Place an"X"to the�left of-the ONE casexcatego'ry thaf trios"f accuratelyFdescribes your`"
PRIMARY CASE If you are making more than'one,type of claim,check the one that
you consider mast important
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TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
®Intentional [3 Buyer Plaintiff Administrative Agencies
® Malicious Prosecution Debt Collection:Credit Card Board of Assessment
Motor Vehicle Debt Collection:Other Board of Elections
®Nuisance ® Dept.of Transportation
x ® Premises Liability _ Statutory Appeal:Other
S [3 Product Liability(does not include
Q Employment Dispute:
mass tort)
13
Slander/Libel/Defamation Discrimination
F , ® Other: Employment Dispute:Other Zoning Board
® Other: .
t4„ ®x Other:
MASS TORT Breach of warranty
� r
® Asbestos Unfair trade
Tobacco
® Toxic Tort-DES
® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
i,i ® Toxic Waste
® Other: Ejectment [3 Common Law/Statutory Arbitration
Eminent Domain/Condemnation ® Declaratory Judgment
Ground Rent [3 Mandamus
Q Landlord/Tenant Dispute 0 Non-Domestic Relations
Mortgage Foreclosure:Residential Restraining Order ..
PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 0 Quo Warranto
® Dental Partition 13 Replevin
i ® Legal Q Quiet Title ®Other:
01
®.Medical ® Other:
® Other.Professional:
Updated 1/1/2011
f:-
FILE C-t7F F*ICE-
Cr THE PROTHONOTAF�,Y
2014 AUG 13 AN 1l- 3 5
CUMBERLAND COUNTY --
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
VICTORIA FICHTNER and CIVIL DIVISION
CHARLES FICHTNER,
Plaintiffs, NO.:
Vs.
COMPLAINT IN CIVIL ACTION
AUTO FIRST,LLC,
Filed on behalf of Plaintiffs:
Defendant. VICTORIA FICHTNER and
CHARLES FICHTNER
COUNSEL OF RECORD FOR THIS PARTY:
Christina Gill Roseman
Identification No. 71492
ROSEMAN LAW FIRM,PLLC
4885-A McKnight Rd.,No. 428
Pittsburgh, PA 15237
crosem.an cr,helpforlemoncars.com
(800) 745-5259
WRIT WAIVED
115 - 77
}tea
C
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
VICTORIA FICHTNER and
CHARLES FICHTNER,
Plaintiffs,
VS. No.:
AUTO FIRST,LLC,
Defendant.
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 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 plaintiff. You may lose money,property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If you do not have
a lawyer, go to or telephone the office set forth below. This office can provide you with
information about hiring a lawyer. IF YOU CANNOT AFFORD TO HIRE A LAWYER,
this office may be able to provide you with information about agencies that may offer legal
service to eligible persons at a reduced fee or no fee.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle,Pennsylvania
Telephone number 717-249-3166
2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
VICTORIA FICHTNER and CIVIL DIVISION
CHARLES FICHTNER,
Plaintiffs,
No..
VS.
AUTO FIRST,LLC,
Defendant.
COMPLAINT IN CIVIL ACTION
1. Plaintiffs, Victoria Fichtner and Charles Fichtner, are adult individual citizens and
legal residents of the State of Pennsylvania, residing at 1305 Warwick Rd., Camp Hill, PA
17011.
2. Defendant, Auto First, LLC, is a business corporation qualified to and regularly
conducts business in the Commonwealth of Pennsylvania with its principal place of business at
6506 Carlisle Pike, Mechanicsburg PA 17050 and can be served at that address.
3. Plaintiffs aver that at all times material hereto, Defendant acted by and through its
authorized agents, servants, officers, and/or employees, all of whom were acting within the scope
of their employment.
BACKGROUND
4. On May 12, 2014, Plaintiffs purchased from Defendant a used 2007 GMC Acadia
("the vehicle") with the Vehicle Identification Number (VIN) IGKEV23787J151754 for
$17,346.00. A copy of the buyer's order for the vehicle is attached hereto and made a part
hereof as Exhibit"1."
1
5. Plaintiffs purchased a Penn Warranty service contract from Defendant at the time
of the vehicle purchase. A true and correct copy of the service contract is attached is Exhibit
«2»
6. The vehicle was purchased in the Commonwealth of Pennsylvania and is
registered in the Commonwealth of Pennsylvania.
7. During the test drive of the vehicle prior to purchase, Plaintiffs asked the
salesperson if a bump sensation indicated a transmission problem. The salesperson said that it
was not an indication on a transmission problem, but was a normal characteristic of an all-wheel-
drive vehicle.
8. Defendant's salesperson further stated during the test drive that if any
transmission issues did occur,the Penn Warranty service contract would cover the repairs, with a
$100 deductible.
9. On the morning of May 13, 2014, Plaintiff Charles Fichtner noticed fluid leaking
from underneath the vehicle at his home.
10. When Mr. Fichtner started the vehicle on the morning of May 13, 2014, the check
engine light came on and remained on.
11. During the approximately one mile drive to Mr. Fichtner's work on May 13,
2014,the vehicle would not shift or go over 30 mph.
12. When Mr. Fichtner called Defendant to report the problems, Defendant's
salesperson said that it was just a sensor and the salesperson would drive to Mr. Fichtner's work
to turn the sensor off.
13. Mr. Fichtner met Defendant's salesperson and technician near his workplace that
day.
2
14. Mr. Fichtner told the technician and salesperson that the vehicle been leaking
fluid,but the salesperson said that it was condensation from the air conditioner.
15. The salesperson and technician told Mr. Fichtner that the problem causing the
check engine light and transmission issues was a sensor.
16. The salesperson and technician read the diagnostic trouble codes on the vehicle
and cleared the codes.
17. Defendant's salesperson and technician told Mr. Fichtner to bring the vehicle to
Defendant's dealership location later that day to replace the sensor and to obtain a loaner.
18. Plaintiffs took the vehicle to Defendant's location later that day, but had to leave
for another appointment before the vehicle could be serviced.
19. Plaintiffs returned to the dealership later on May 13, 2014, but Defendant refused
to repair the vehicle.
20. Defendant's salesperson instructed Plaintiffs on May 14, 2014 to tell Penn
Warranty Company that the problems with the vehicle happened later than they actually did.
Plaintiffs told the salesperson that they would not deliberately give incorrect information to the
warranty company.
21. Plaintiffs took the vehicle to Emory Transmission and Total Car Care, which
diagnosed transmission failure and recommended a transmission overhaul.
22. Penn Warranty refused to cover the repairs to the vehicle for the reason that the
transmission issues were pre-existing conditions.
23. The transmission overhaul was completed on May 30, 2014 for a total cost of
$2730.18. A true and correct copy of the repair invoice dated May 30, 2014 is attached hereto as
Exhibit 3.
3
24. Emory Transmissions& Total Car Care found the transmission fluid was overfull.
25. Defendant knew or should have known that the transmission was in need of
replacement at the time of the sale.
26. Defendant intentionally overfilled the transmission fluid in order to conceal the
need for transmission replacement.
27. Defendant intentionally misled plaintiffs prior to purchase when Defendant's
salesperson told Plaintiffs that the noises with the vehicle were normal operating characteristics.
COUNT
MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT
28. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint
by reference as if fully set forth at length herein.
29. Plaintiffs are "Consumers" as defined by 15 U.S.C. §2301(3) of the Magnuson
Moss Warranty Act.
30. Defendant is a"supplier", "warrantor", and a"service contractor" as defined by 15
U.S.C. § 2301 (4),(5) and(8).
31. Plaintiffs' vehicle is a"consumer product" as defined by 15 U.S.C. § 2301(1).
32. The Magnuson Moss Warranty Act at 15 U.S.C. § 2310 provides for the
enforcement of state warranty laws, including laws regarding express and implied warranties.
33. The Magnuson-Moss Warranty Improvement Act at 15 U.S.C. § 2308 prevents
the disclaimer of implied warranties if an express warranty or service contract is offered at the
time of the sale.
34. The vehicle was delivered to Plaintiffs in a condition that did not meet the
standards of the implied warranty of merchantability at 13 Pa.C.S. § 2314, due to the
transmission defects.
4
35. Defendant's representation that the Penn Warranty service contract covered
transmission defects with the vehicle was an express warranty.
36. Defendant failed to deliver a vehicle in a condition to that qualify for the coverage
under the Penn Warranty service contract, in violation of the express warranty.
37. As a direct and proximate result of Defendant's failure to comply with the express
warranty and the implied warranty of merchantability, Plaintiffs have suffered damages and are
entitled to bring suit under the Magnuson Moss Warranty Act.
38. Plaintiffs are entitled to the recovery of damages and attorneys' fees and costs
against Defendant.
WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount
equal to the cost of repair, diminished value, loss of use, plus all collateral charges, incidental
and consequential damages in an amount not in excess of $50,000 plus reasonable attorneys'
fees, and all court costs.
COUNT II
PENNSYLVANIA UNFAIR TRADE PRACTICES
AND CONSUMER PROTECTION LAW
39. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint
by reference as if fully set forth at length herein.
40. Plaintiffs are "Persons" as defined by 73 P.S. §201-2(2).
41. Defendant is a "Persons" as defined by 73 P.S. §201-2(2).
42. The Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S.
§201-2(4), defines "unfair or deceptive acts or practices" to include the following conduct:
(vii). Representing that goods or services are of a particular standard,
quality or grade, or that goods are of a particular style or model, if they are
of another;
5
e.
(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;
(xvi). Making repairs, improvements or replacements on tangible, real
or personal property of a nature or quality inferior to or below the standard
of that agreed to in writing;
(xvii). Engaging in any other fraudulent or deceptive conduct which
creates a likelihood of confusion or of misunderstanding.
43. Section 201-9.2(a) of the Act provides for private causes of action for any person
"who purchases or leases goods or services primarily for personal, family and household
purposes."
44. The UTPCPL authorizes the Court, in its discretion,to award up to three (3)times
the actual damages sustained for violations.
45. The UTPCPL at 73 P.S. § 201-3.1 specifically authorizes the Attorney General to
enact rules and regulations in support of the enforcement and administration of the UTPCPL,
which rules and regulations shall have the force of law.
46. The Automotive Industry Trade Practices regulations, 37 Pa.Code § 301.2, were
promulgated pursuant to the authority of 73 P.S. § 201-3.1.
47. Defendant's conduct as aforesaid violates the express terms of
Section 301.2. Pennsylvania Automotive Trade Practices regulations which state:
Advertising and sales presentation requirements.
With respect to an advertisement or sales presentation offering or making
available for sale a new or used motor vehicle or maintenance service or
repair on a new or used motor vehicle, the following will be considered
unfair methods of competition and unfair or deceptive acts or practices:
(4) The representation in an advertisement or sales presentation that a
motor vehicle or motor vehicle goods or services are of a particular
6
style, model, standard, quality or grade if they are of another or if
the representation conflicts with a written notice or disclosure
required under this chapter. For the purposes of this chapter, a
motor vehicle which is offered for sale is represented to be
roadworthy, and the advertiser or seller shall disclose prior to sale
the following conditions if the advertiser or seller knows or should
know that the conditions exist in the motor vehicle:
(i) Frame bent, cracked or twisted.
(ii) Engine block or head cracked.
(iii) Vehicle unable to pass State inspection.
(iv) Transmission damaged, defective or so deteriorated as to
require replacement.
(v) Vehicle flood damaged.
(vi) Differential damaged, defective or so deteriorated as to
require replacement.
(5) The making of a representation or statement of a fact in an
advertisement or sales presentation if the advertiser or salesperson
knows or should know that the representation or statement is false
and misleading or if the advertiser or salesperson does not have
sufficient information upon which a reasonable belief in the truth of
the representation could be based.
48. Defendant's conduct further violates the express terms of
Section 301.4. Pennsylvania Automotive Trade Practices Act which states:
(a) With regard to a motor vehicle dealer, the following will be
considered unfair methods of competition and unfair or
deceptive acts or practices:
(6) Failing to refund the full amount of a purchaser deposit
promptly when:
(iv) The dealer fails to deliver to the purchaser a motor
vehicle which conforms to the terms of the contract.
49. Defendant failed to deliver a roadworthy vehicle to Plaintiffs.
7
,per F.
50. Defendant knew or should have known that the vehicle had a transmission in need
of replacement.
51. Defendant, as an automotive dealership,had a duty to inspect the vehicle to make
sure that it was safe and roadworthy.
52. Defendant knew or should have known that the representation that mechanical
defects with the vehicle would be covered by the Penn Warranty service contract was false.
53. Defendant knew or should have known that the vehicle was not a condition to
pass state safety inspection at the time of the sale due to the illuminated check engine light that
came on shortly after the sale.
54. Defendant breached these duties to Plaintiffs.
55. Plaintiffs aver that pursuant to the Pennsylvania Automotive Industry Trade
Practice regulations, Defendant's conduct violated the prohibitions and/or requirements set forth
above.
56. Defendant's conduct violated the provisions of UTPCPL, 73 Pa.C.S. § 201-1 et
seq., entitling Plaintiffs to actual damages and treble damages pursuant to §201-9.2.
57. Plaintiffs have suffered damages and hereby demand the full measure of the
damages for the claims asserted under the Pennsylvania Automotive Industry Trade Practices
regulations and UTPCPL, and bring this action to recover damages against Defendant.
58. Plaintiffs seek actual damages as defined by the UTPCPL.
59. Plaintiffs seek treble of their actual damages.
60. Plaintiffs seek the cost to obtain the diminished value of their vehicle, cost of
repair, loss of use, consequential damages, incidental damages, treble damages, attorney fees and
costs, as well as other expenses from Defendant.
8
WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount
equal to the diminished value of their vehicle, cost of repair, loss of use, incidental and
consequential damages, treble damages, reasonable attorneys' fees, and all court costs in an
amount not in excess of Fifty Thousand Dollars ($50,000).
COUNT III
FRAUDULENT MISREPRESENTATION
61. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint
by reference as if fully set forth at length herein.
62. The representations upon which Plaintiffs purchased the vehicle were fraudulent
in that Defendant failed to divulge the defects and need for repair prior to sale to Plaintiffs.
63. Sale representations made by Defendants violated 37 Pa. Code §301.2 titled
Pennsylvania Automotive Industry Trade Practices.
64. Reliance upon Defendant's representations that the vehicle was in a condition to
pass state inspection and was roadworthy were primary elements of Plaintiffs' purchase of the
vehicle.
65. Reliance upon Defendant's nondisclosure that the vehicle was not roadworthy and
was not in a condition to pass state safety inspection, and did not require transmission
replacement at the time of the sale were primary elements of Plaintiffs' purchase of the vehicle.
66. Defendant intended for Plaintiffs to rely upon information supplied and withheld,
and they did so rely.
67. Plaintiffs exercised due diligence in the purchase of the vehicle.
68. Plaintiffs reasonably relied on Defendant's representations.
9
y' 4
69. Defendant's intentional, malicious, false, deceptive, oppressive,reckless,
wrongful, unconscionable and/or outrageous acts and/or omissions as aforesaid were inconsistent
with the duty of care owed.
70. Defendant's actions were in bad faith.
71. Defendant engaged in the aforesaid unlawful conduct solely for pure financial
gain and for no other justification.
72. Plaintiffs aver that they occupy the position of reasonable consumers in the
community.
73. Defendant occupies the position of an automobile dealership and individuals in
the automotive sales industry regularly interacting within the community.
74. Defendant conducts all, or substantially all, of its business actions with the public
at large.
75. Defendant's behavior is without justification, excuse or lawful entitlement.
76. Defendant intentionally deviated from sales practices mandated by the laws of the
Commonwealth of Pennsylvania in order to derive unjust enrichment, excessive per vehicle
revenues and/or windfall profits.
77. Plaintiffs have suffered damages as a result of Defendant's willful and reckless
conduct.
WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount
equal to the cost of repair of the subject vehicle, diminished value, loss of use plus all collateral
charges, incidental and consequential damages, treble damages, punitive damages, reasonable
attorneys' fees and costs, and all court costs in an amount not in excess of Fifty Thousand Dollars
($50,000).
10
Christina Gill Roseman,Esquire
Attorney for Plaintiffs
Roseman Law Firm, PLLC
Pittsburgh,Pennsylvania 15237
(800) 745-5259
croseman@helpforlemoncars.com
11
J C
VERIFICATION
Victoria Fichtner and Charles Fichtner hereby state that they are the Plaintiffs in the
captioned matter; that they are acquainted with the facts set forth in the foregoing Complaint;
that same are true and correct to the best of their knowledge, information and belief; and that this
statement is made subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unsworn
falsifications to authorities.
Victoria Fichtner
Dated: 011
Charles Fichtner
Dated: c�/ q Zl
12
Buyer's Order
Dealer/Seller Name and Address Buyer/Co-Buyer Name(s)and Addresses)
Auto First LLC Victoria A Fichtner
6506 Carlisle Pike 1305 Warwick Rd
Mechanicsburg,PA 17050 Camp Hill, PA 17011
(717)591-2776
Date 5/12/2014 Stock No, Salesperson
App No. Contract No. 1385
Vehicle Information Itemization of Sale
❑ New ® Used ❑ Demo 1. Vehicle Sales Price $ 16500.00
Year 2007 Lic. No. 2. Sales Tax S 690.00
Make GMC Odometer Reading 110877 3. Subtotal IAdd Ones 1+2) S 17190.00
Model Acadia Color White Title, License&Other Fees
Body Style SUV 4. Auto First for Doc Fee $ 100.00
VIN 1GKEV23787JI51754 5. License $ 6.00
Other 5. Registration $ N/A
7. Title $ 50.00
Information8. Lien/Filing $ N/A
Buyer has arranged insurance on the motor vehicle. 9. Increase $ NIA
Insurance Company 10.Plate/Tap $ NIA
Policy No. 11.Messenger $ N/A
12.Lender Processing $ N/A
-• 13. $ N/A
Trade-in 1 14. $ N/A
Year 2009 Lic. No. 15.Total Other Fees $ 156.00
Make Dodge Odometer Reading 139906 (Add Ones 4 through 14)
Model Charger Color Red Additional Products
Body Style Sedan 16. $ NIA
VIN 2B3KA33V99H539810 17. $ N/A
Lienholder Name 18. $ NIA
Address 19. $ N/A
20. $ N/A
Phone Payoff N/A 21. $ N/A
Payoff good through 22. $ N/A
Approved 23. $ N/A
24.Total Products $ N/A
Trade-in 2 (Add Ones 16 through 231
Year Lic. No. 25.Cash Sale Price(Add lines 3+15+24) $ 17346.00
Make Odometer Reading 26.Trade-in Allowance $ 5000.00
Model Color 27.Less Payoff $ N/A
Body Style 28.Net Trade Allowance(Line 26-27) $ 5000.00
VIN 29.Cash Down Payment $ 12346.00
Lienholder Name 30.Deferred Down Payment $ N/A
Address 31I.Total Down Payment $ 17346.00
(Line 28+29+30)
Phone Payoff N/A 32.Total Balance Due(Line 25-31) $ N/A
Payoff good through
Approved
euyen order eUV•ORDER 2714/2012
eankers sVG1ems7U
Wotten Ktuwer RnancW Somiees®2008 ® PLAINTIFFS Page 1 of 3
Q
w EXHIBIT
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Addit ionalTrade-in Vehicle. You will transfer title to the Trade-in Vehicle
to us free of all liens except those noted on this Contract. You
Definitions. Contract refers to this Buyer's Order. The pronouns give permission to us to contact the lienholder(s)for payoff
you and your refer to each Buyer signing this Contract.The information. If the payoff information that we obtain from the
pronouns we, us and our refer to the Dealer/Seller. Vehicle lienholder(sl differs from the amount disclosed in this Contract,
means the motor vehicle described in the Vehicle Information you agree to pay the difference to us if the actual amount of
section. Trade-in I/ehic/efsl refers to the vehicle described in the balance owed is greater than the amount listed in this
the Trade-in Information section that is being traded to the Contract. If the actual amount c the balance owed is less than
Dealer/Seller as part of this transaction.Manufacturer refers to the amount listed in this Contract,then we will pay you the
difference.
the entity that manufactured the Vehicle.
If you do not deliver the Trade-in Vehicle to us at the time of
Agreement to Purchase. You agree to buy the Vehicle from us the initial appraisal, we may reappraise the Trade-in Vehicle
for the price stated in this Contract. You agree to sign any when it is delivered to us.If the reappraised value is lower than
documents necessary to complete this transaction. Unless you the original appraisal,you can cancel this transaction as long
have cancelled this Contract under the condition described in as you have not taken delivery of the Vehicle.
the Manufacturer section, if you refuse to take delivery of the
Vehicle, we can keep any deposits you have made to us, and You represent that (a)you are the sole true and lawful owner
you will be liable to us for all of our damages and expenses in of the Trade-in Vehicle, (b)the Trade-in Vehicle has never been
connection herewith,including but not limited to reasonable titled under any state or federal "brand"such as"defective,"
attorneys'fees. "rebuilt," "salvage,""flood,"etc., (c)the mileage of the
Trade-in Vehicle shown in this Contract is the actual mileage of
You represent that you are of legal age and have legal capacity the Trade-in Vehicle, (d)all emission control equipment is on
to enter into this Contract. the Trade-in Vehicle and is in satisfactory working order, and
(e)the Trade-in Vehicle has not been damaged by collision or
other event and repaired. If any of these representations are
Manufacturer.We are not an agent of the Manufacturer, not true, we may elect to cancel the transaction. We may also
Manufacturer can change the price, design or standard features choose to reappraise the Trade-in Vehicle and adjust the Total
of the Vehicle at any time without notice. If we cannot obtain Balance Due instead of cancelling the transaction. You agree to
the Vehicle from the Manufacturer at the price in effect as of immediately pay us the difference,
the date of this Contract, or if we cannot obtain the agreed
upon product from the Manufacturer,you or we can cancel this Retail Installment Contract.In the event that you and we enter
Contract. into a retail 'installment contract for the financing of the
purchase of the Vehicle, the terms of the retail installment
If you cancel this Contract under the terms of this section,we contract will control any inconsistencies between this Contract
will refund to you any amounts you have paid to us.If you and the retail installment contract.
have delivered a Trade-in Vehicle to us, we will return it to
you. if we have already sold the Trade-in Vehicle, we will pay Vehicle Inspection.You are purchasing the Vehicle based upon
you the trade-in allowance after adjusting for any payoff to a your personal inspection, and are not relying upon any opinion,
lienholder. statement, promise or representation of the salesperson,or any
other of our employees that is not contained in the written
Insurance.The insurance information you have given us is agreements you are signing today.
accurate. Vehicle Condition.You understand that the Vehicle may have
sustained prior body damage and may have undergone prior
mechanical repairs during or after its manufacture, during or
after transit to us or while in the possession of prior owners or
operators.
auven order BUY-ORDER 211a:2012
"'e"Syaem:Tu
Wohen Khmer Fine�rcbl Services a Zoos Pace 2 of 3
A r u
Warranty.We make no express or implied warranties.Except This agreement is not binding upon the DealerlSeller until it is
as required by law,we make no implied warranty of signed by an authorized representative of the DealerlSeller.
merchantability and no warranty that the Vehicle is fit for a
particular purpose.We sell the Vehicle AS IS-NOT By signing below, you agree to the terms of this Contract. You
EXPRESSLY WARRANTED OR GUARANTEED,WITH ALL received a ca
FAULTS. pY of this Contract and had a chance to read and
review it signedIf this is a new Vehicle,the Vehicle is subject to a standard there are nofore otherowritten orto al ag eThis isements,plete agreement;
written manufacturer's warranty.This warranty is made by the
manufacturer and not by us. Ci A separate Arbitration Agreement is a part of this Contract.
Used Car Buyer Notice.If you are buying a used vehicle,the
information you see on the window form for this Vehicle is partes - ` 4
of this Contract.Information on the window form overrides any 5/12/2014
contrary provisions in the contract of sale. Victoria A Fichtner Date
Guia pare compradars de vehiculos usados.La informacf6n que
ve en el formulario de la ventanilla para este vehicula forma
parte del presente contrato.La informacion del formulario de la
ventanilla deja sin efecto toda disposlcidn en contrario
contenida en et contrato de yenta.
Date
❑ You understand that the balance owed on the Trade-in
exceeds the Trade-in Allowance and that as a result the Total
Balance Due has been increased by this s N/A
of negative equity. Date
5112/2014
DealerlSeller Auto First LLC Date
eurers order
Bankers SyafmnaTM BUY-ORVER 21102012
Wafters Kiuwar FiinaneW Services A 2008
Page 3 of 3
The Penn Warranty Corporation 290E
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MSICCONI'RACT
VVITCLE SALE DATE 05112(2014 VIN 1 1 G I K r:I V 12 13 .7.1.8 17 1 jj 5 1 7 5 4
VrIVCI.EVEAIt 2007877
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VEVICI-E-I'LIAKE GMC %111117i.E PRICE
VEHICLE XIODEI. Acadia
OWNER-VA rue Victoria Schuler ADDRESS 1305 Warwick Rd
PRIMARY PI]ONE 7178700912 LITY Camp Hill
S11CONDAR),PHONE S,(,,VFF. PA 17011
DrALERNANIC Auto First(013417) LIEN 14011DER
PRIMARY PIlONr. 717-591.2M PRINIARY PHONE
SECOcNDARY PHON11 ADDRU�iN
S A t 3�%P E R S ON NAM r: Cn1Y su.\I-E— ZIP
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WI AT is COVERED?
ENGINE- Cylinder bkick.cylinder heads.andall internal part.including:histone.piston pink.Ingion rings,connecting rel'.cointLetint-rod I-irin
crankshuh ard'olain bearings.Camshaft and lifierstfollinvers s or follower.,which,have not faded,and only require cleaning arc not cuvered):1."at"
and exhaust valves.push rods.rocket-arm shafis,metier arms,timing drive collipollents including timing chain0befts fuming chain or licit which i%hLing
changed as part of[he manul-actuit(s preventive inuinten'tWA: LhLdulc,i.,not covered). Vake'LlIkin covers.intake and exhuast munifoldN.17%,wheel.oil
pump.and oil pan.Internal engine sensors. Cylinder-head unsketsand inlakenatuil'old gaskets are ctwered for coolant leaks orliv.
AUTOMATIC TIM.NSINUSSION- Caso and all internal parts including:planctury--,car systems.clutch and steel pacl.,;,clutch drums.Nods.internal
seals.pump.valve body.internal sensors and interval solenoids,and o%criZiming or one waY'clutch assemblics. Tinjue cnrivericir and the torque convener
housing,
STANDARD TRANSMISSION-.Cast,and all julcrual pans.includin=: input shulL onipul:haft.idler shallis,main•,haft.all iniernal Bears,shill forks.
and %viichronizer asicinblies.Any internal solenoids or senors. Standard transmission clulch assemblies.linktiges,and kvdi-aulic cl5ld,units are not
cnvcn:d-
DIFFERENTIAL-From or rear differential howkiur and.1111 internal Irons. Ovier shalt and uni:n:r d joints.Front astir.joints arc covered only on Ilur
whix)drive vehicles.Transfer caw on four wheel drive vehicles and all internal parts.
COOLING SYSTEM-r-unand fail clutch. Electric radian.fi.hrl intolor.water punip.
STEERING-Steering gear.rick and pinion assembly.and all internal Parts. Power steering conler and
SUSPENSION- From or near springs nfich are hrokert or wmis beyond Control atnii;and hall joints.
BRAKES-All brake components.including tit]cumponent—ifthe anti-lork Mike system:wheel LVIinders.fruit(or rear calipers.bi-Ake springs.pins-and
hardware UN.wheel speed sensors(cnsors darnaved liv had whecl not covered).hrakc'hoves.brake lines.brake combination orproportioninL
valves,master cylinder.ABS pump.ABS nioJulc,AB9 hydraulic unit.AiR hydraulic conit-ol unit.and A85 ita-umulatur. Bralic linings.pads,rotor,;and
s
drumare NOT covered.
ELECTRICAL-Alternator,voltage regulator.windshield wiper inoicir and slarler molar.
RENTAL CAR-Twenty-five dollars(525.00)per eight hour's of authorized flat rate
hundred and filly dollen Any dcluys cuu.ied by unavailabihiv tit parts.Shipping a parts.repair faciliiv schcdultn-_or any other dcluy d mH
qualify for rentaf reimburscrocru. er S 0
TOIVING- If your vehicle must N towed becat.re it coteied vmnixincot hits failed.Inwin,to the nearest qualificd repair center is covered tip to a
rinuxitnurn of fifty dollars(550.00).
LABOR-Laborcluiqcs arc based on indusliN accepted Ila[mu:Iiiiii:to repair or replan:it COVel'Cd CLA111POnCiij Up It) dollars I)M*hour.
c.c-d by 1his ag---t.
WHAT IS NOT COVERED?
'ria.PENN WARRANTY CORMRX11ON will not c,,,-rr i,-refiji, !one wirhmn prior jutfiGrization.Seale ani arc cot cred owniv tit con --crcil
-ml by this tidreerrtr-st�'it.%mrair,"06it.leorr,;,inah.lailurcir,.,"'."artiv.re-11,
repair.Componcia fitilities that occur prior it,the meept-ve kif ilic cinor-tum net!om junrlitin with a co
ier bull6n.Thi,—,'icc eontr.,ut dvvN not os%cr The-parts;nJ lubor tit-it we n-oka to nuiintain your whiek•(oils•fillw'.cic.i.the.jcm of your vehicle that am.,uhjeci to
nonnaldamageVar and rear 4 ran belle,noiitor h, eat).oib,,,it,nt--,,,I.—t-red diticno:tfi,char,,.,II.i,I leak-..hangs.that W.'"'taint Raid lcak-�,hick of
l'bric;no..die from owrlicutin-2,confinurd operation after ith!imamwilurr.fire,jecident.Clint.c4a.dition;of the environment iricluding flimid datrayr.damage that
Tc`allis lentis tomeone altering the%chich,including-[mi not holited it,.lift I.n,,and u—tc,z,,nimr.,dd iire missing the-.,chicle.(,unporing with iii,,y,eoiclr,iiiaki.,
improper udi.,uticniW
us.Pe- .oternic pump,improperrods.from or tear tofci.'Ibcrl hertrings includruc ower usic hear itis,(.-V boons A! -
rd.tuAgA,—whirc From failed C\`
boal'.inploperly Maintaining dit.,%,chicle.railing an Maintain die.vehicle"'uhin nutoul.Actu- itantag.Air failure of u�vr'i c;,ntp�'
nor�-uvcrrd Component,pre,iinji or irnrioper tcfxd�,or fuel pump,.
mr mi incur cau�d h.%a
WHAT'I'llF.PENN%VARIt.%,N'rVCOI(PORAl ION WILI,DO
Under this used vehicle scrviec<onir-L THE VE-NN%V-,\RR;\Nl Y CURPUR.-NTION will otinribur,t yen.or}oar icptir center.th:arnouin jilthor?-M int the rrpir nr
mplac-carcirtauny mmFN,ncnt m,cmd ki,the.it."Mcincrit(-chiding-le,tai that i,9;)und W be dcfezlivc or-ioi fizy.tid vcm,iuc hrnits,including through itornuit wear and
icar. Nfaehinum rcitinhar4cr—i per repair juthariz.,tion will not e-weed fiflicen buiuIresl dollars M-410.10p. lotal reimbursements over the oottract life ,ill not-cecd the
%chide purchase price it%%hacd above.drier inve.,itigining tour contpuntent laiturc.in the case Of a diicrepalicy in findings.THE PENN WARRANTY CORPOR.\TION
rc.wrws the right to have repair,dont,at.buena. ,the;ib-,:.I,-on,I..have et--d. 'nIr PENN WARRANTY CORPORATION xiil reirriluese you for rhe entire
.mount ora--cmd contritylicla failure.it,.: dwea dt-q,-,-,,---crm I,,-thisapiveniert.I—one hundred dollars($100.00)pci,mvUrrence. A—initint 4,inr
!!vr wetarrrice charge.will he j�,vt,Atd Per repair OtAlp liliL Obligati-4 the p-vidcr.under chic—ice c-teuct.amhaekoj by 111C fall laith unit cresih of Abe pn)vider
is.,ucrl and un,not gicatunced under j.,ercia:contract minillur4cuncri imarint-rxilicy
TO OPEN A CLA UNI
ReptLire,al"Itne,,can lxomc ti:an-litulifi.:ed-opairccitter v%m:hnnw.Your vo,il-riw Lx-Alaw1u.iferni. elairn in be It tau real tc,6,tiaw in Iwuine u repair
,enter.contact our Customer Service Depuinitetit:jr i.Once it. rWelt,is it the ref-.6rc"ter. .11,W dice t,copy-eif.-A.1.1-1111-1,lilou—on.pm4ble w hive the r,-pai,
mal"call ue:9 1911-35S.9441 aclairn IM.1,hi" "ith die"tinuu,of :frit nark hv--inx.'The•mivr ctintrxi hrwer is rcjxsa4hIc for
all charges t6ni"g to the tar Ain't and diagat";.ot the"hiel,,.11'.•mpai,e-wr nlu"rtt".ide an I•A,r.,L,and ia-Aor. antr ue have the
euirrttac'n IF PFV Nill kPRANTY CORPORATION�— dirn;L",A.,insist.--tri-le z--rv.11 it i,drleoni-d Put, Jr.lied1
dir e'litirte for the repair 2,:Aemt,j upon by our , tuatit,wu—riunther"ill he i;wcd by-for 6-w rep,,ir,Nh repairs surto hen=&on Yotur vehicle unlit an aullindiatinin
mtmber k tvuad by'TltE PFl1\\;\R{Ll\YY COW'1)KA71f),\.U+ticn nuking mtxiir.<,to rep.ir:top dial)u.r cninpuilar<nf the stun,eylx miJ quJity�•.dose turooirJ.u'itieh
pafamrd,\1'cr,,ivc Otc-rigla tit requem any caul all penining to your-hick. tan rc
MAIM
INWORrANT.,C—crugc Alm,not begin until Lbi."iigrcemrAn is,
ci"d and"-r,
cd tit I I IC PENN XVARRA\-I'Y CORPORATION.;th-udm,e listed iihow.
!!roue read andfulty andern%-I clermsofthn,isetCL
� 11 .10 1
USTON Ull SIGNATURE: ' -Te < PLAINTIFFSIIVII-.:�
EXHIBIT
Page 1 of 1
EMORY TRANSMISSIONS & TOTAL CAR CARE Invoice
1599 HUMMEL AVENUE 1453
Camp Hill,PA 17011 Estimate Ref#0
Shop Phone:(717)774-5500 Date Printed:05/3012014
Fax:(717)412-0903 Printed Time: 8:57 am
Hat/Ref.,
Time Promised:
Fichner,Chuck 2007 GMC ACADIA V6 3.6L 217CID FI GAS N 7
VIN: 1 GKEV23787J 151754
License: Mileage In:0 Date Written: 05119/2014
Home:(717)870-8757 Unit#- Mileage Out:111,163 Written By:
Cell:
DOM:
Save Old Parts: No
Job Name Description Technician a
ty List Extended
Job#1 Diagnose Check Engine Light[Trans
Diagnosis
Labor Trans Work Requested-Diagnose Check Engine Light/Trans 16.00
Diagnosis-P0872,P0877,P0752,P0776,P0989 96.00 1,536.00
Work Performed-Scan/R&R/Overhaul Transmission-Incl. Master Overhaul Kit,New Torque Converter, Filter, Input Speed Sensor,
Outspeed Sensor,&Reprogram Powertrain Control Module
Transmission Warranty-3yr/36,000 Mile Part&Labor-Whichever First
Part ` 3-5 Wave Plate i 00 5.82
Part 3-5 Drum5.82
Part 1.00 185.51 185.51
Input Speed Sensor 1.00 29.28 29.28
Part ' Output Speed Sensor 49 1.00 28.
Part Computer Plate Kit W/Solenoids 28.49
FilterAssembly
Part ` 1.00 256.28 256.28 Part Bulk Dexron 6 1.00 141.26 141.261.00 68.00 68.00
Part * Torque Converter
Note/Utle 1.00 325.00 325.00
Transmission was overfult of fluid that was leaking/Venting fluid out or transmission
Parts: $1,039.64
Payment Date Type Method Amount Labor: $1,536-00
5/30/2014 Credit Visa 2,78018 Sublet: $0.00
Payment Totals: $2,730.18 Misc: $0.00
Hazmat: $0.00
Supplies: $0.00
Q PLAINTIFF'S
W EXHIBIT Tax Total: $154.54
J
Q
Invoice Total: $2,730.18
n Less Paid: 2,730.18
a Balance Due:
$0.00
I hereby authorize the above repair work to be done along with the necessary material and hereby grant you and/or your employees permission to operate the
car or truck herein described on streets, highways or elsewhere for the purpose of testing and/or inspection. An express mechanic's lien is hereby
acknowledged on above car or truck to secure the amount of repairs thereto.
Authorized By
Date Time
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
IF,LEJ-OFFICE
F
THE PROTHONOTARY
Qytit111 at Cumbe /A
2014 SEP -9 PM 3: 27
CUMBERLAND COUNTY
PENNSYLVANIA
OFFICE OF THE SHERIFF
Victoria Fichtner (et al.)
vs.
Auto First, LLC
Case Number
2014-4887
SHERIFF'S RETURN OF SERVICE
08/26/2014 11:42 AM - Deputy William Cline, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Elie Khouri, Manager, who
accepted as "Adult Person in Charge" for Auto First, LLC at 6506 Carlisle
e a elver Spring,
Mechanicsburg, PA 17050.
SHERIFF COST: $39.30
August 28, 2014
(c) CountySuite Sheriff, Teleosoti. Inc.
LLIAM CLINE, DEPUTY
SO ANSWERS,
RONNY R ANDERSON, SHERIFF
NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBLIC
Carlisle Boro, Cumberland County
My Commission Expires April 4, 2017