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HomeMy WebLinkAbout01-5078KUHNS-HARNISH FORD, INC. PLaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA VS. FORD MOTOR CREDIT COMPANY · NO· Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer's Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 McNEES, WALLACE & NURICK Dated: Augusb !, 2001 Lawrence R. Wieder, Esquire Attorney I.D. No. 16707 Barbara A. Darkes, Esquire Attorney I.D. No. 77419 100 Pine Street, P·O· Box 1166 Harrisburg, PA 17108-1166 (717) 237-5229 Attorneys for Kuhns-Harnish Ford, Inc. TO: ADDITIONAL DEFENDANT, CURTIS FORD MERCURY YOU ARE HEREBy NOTIFIED TO FILE A VVRITTEN RESPONSE TO THE ENCLOSED C/OI~LAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEI~EOF ~R A JUDGMENT M~ BE ENTERED A A STYOU. 'd E. Stern, Esquire Attorney for Defendants WOLF, BLOCK, SCHORR AND SOLIS-COHEN, LLP By: David E. Stem, Esquire I.D. No. 30375 1650 Arch Street 22nd Floor Philadelphia, PA 19103 (215) 977-2556 Attorneys for Defendant KUHNS-HARNISH FORD, INC. Plaintiff VS. FORD MOTOR CREDIT COMPANY Defendant VS. CURTIS FORD MERCURY Additional Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 2001-5078 COMPLAINT OF FORD MOTOR CREDIT COMPANY AGAINST ADDITIONAL DEFENDANT, CURTIS FORD MERCURY AND NOW comes Ford Motor Credit Company ("Defendant"), by and through its counsel, Wolf, Block, Schorr and Solis-Cohcn, LLP, who states as follows: 1. Kuhns-Hamish Ford, Inc. has commenced a Civil Action against Defendant, a copy of which is attached hereto and marked Exhibit "A." 2. In the Civil Action, Plaintiff has alleged that Defendant has breached its duty to supply Plaintiff with a Pennsylvania certificate of title covering a certain 2000 Ford Mustang ("Vehicle"). 3. It is believed and therefore averred, that the title to the said Vehicle is, or should be, in the possession of Curtis Ford Mercury ("Additional Defendant"). 4. It is averred that Additional Defendant never provided Defendant with the title to the Vehicle. 5. To the extent that a cause of action has been alleged by Plaintiff against Defendant and damages sustained, it is believed that Additional Defendant is solely liable to Plaintiff. 6. Despite demand, Additional Defendant has failed and refused to supply Plaintiff with the title to the Vehicle. 7. Pursuant to its contractual obligations, Additional Defendant is obligated to defend and indemnify Defendant for all claims asserted by Plaintiff, together with reimbursement of counsel fees and costs. WHEREFORE, for the foregoing reasons, to the extent that liability is founded against Defendant, it is requested that Additional Defendant indemnify and hold harmless Defendant for all damages together with reimbursement of Defendant's counsel fees and costs. WOLF, BLOC~ORR and SOLI~OHEN LLP By: { P~o/i.-~; /~, Daw'~i ~. ~teee~n, Esqui~ re VERIFICATION DAVID E. STERN, states that he is the attorney for FordMotor Credit Company, the Defendant herein, and as Defendant's representative is unavailable, he is authorized to take this verification and states that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief and that this verification is taken subject to the penalties of 18 Pa.C.S. §i024(c) relating to unswom falsification to authorities. Dated: CERTIFICATE OF SERVICE I, David E. Stem, Esquire, hereby certify that on the 9th day of October, 2001, I did send a copy of the Complaint of Ford Motor Credit Company Against Additional Defendant, Curtis Ford Mercury, via first class mail, postage prepaid, to the following: Victor P. Stabile, Esquire Dilworth Paxson, L.P. 305 N. Front Street, Suite 403 Harrisburg, PA 17101-1236 Lawrence R. Wieder, Esquire McNees Wallace & Nurick, LLC P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 WOLF, BLOCK, S~I~0RR and SOLIS-COHEN LLP David~. stem, Esquir~~'' EXHIBIT "A" 10/09/2001 09:57 FAX 7172375300. ~ McNees Wallace & Nurlck ~002/011 KUHNS-HARNISH FORD, 1NC. Plaintiff V~. FORD MOTOR CREDIT COMPANY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2OOl-.co P NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or proper~y or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer's Referral Service 2 Liberty Avenue -o~: :-~ Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 ~-~ '" --, ~.'.~ -": MCNEES, WALLACE & NURICK Lawrence R. Wieder, Esquire Attorney LD. No. 16707 Barbara A. Darkes, Esquire Attorney I.D. No. 77419 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5229 Dated: August~, 2001 Attorneys for Kuhns-Hamish Ford, Inc. 10/09/2001 09:$8 F~ 7172575500 McNees Wallace & Nurlck ~003/011 KUHNS-HARNISH FORD, INC. Plaintiff VS. Ford Motor Credit Company Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. of 2001 COMPLAINT AND NOW, comes the Plaintiff, Kuhns-Harnish Ford, Inc., by and through its counsel, McNees Wallace and Nudck LLC, and states the following: 1. Plaintiff, Kuhns-Harnish Ford, Inc. ("K & H"), is a Pennsylvania corporation with its principal place at Box 1177, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Ford Motor Credit Company ("Ford") is corporation, with a business office at Box 3076, Columbia, Maryland 21045-6076. 3. At all times material to this matter, K & H was a licensed new and used automobile deaJer with a principal place of business at 6320 Carlisle Pike, Mechanicsburg, PA 17055. 4. Ford regularly conducts its business in Cumberland County by financing vehicles sold in that County. 5, Ford advertises its business in Cumberland County, with the intention of selling its lending services in that County. 6. On or about December 6, 2000, at its dealership in Mechanicsburg, PA, K 10/09/2001 09:§8 FAZ 717257~300 ~cNees Rallace & Nurlck ~004/011 & H sold a black, 2000, Ford Mustang to Gregory Brandenburg ("Brandenburg"). A true and correct copy of the Buyer's Order is attached hereto as Exhibit A, 7. As part of that transaction, K & H took In trade, Brandenburg's vehicle (the '~/ehicle"), being a 2000, Silver Mustang bearing VIN# 1 FAFPd~,~.~YF205693. 8. The Vehicle was encumbered with a lien in favor of Ford, in the amount of $14,256, as reflected in the Buyer's Order. 9. As part of the purchase, Brandenburg executed an Authorization for Certificate of Title Release (the "Release"). A true and correct copy of the Release is attached as Exhibit B. 10. The Release provided that upon payment of the lien, Ford was to forward the title tothe Vehicle, to K & H. Such Releases are common and used in the automobile business on a regular basis. 11. The Pennsylvania Vehicle Code 75 Pa,C.S.A. § 1135 provides: § 1135. Satisfaction of security interest. (a) Absence of subsequent liens. - Where there are no subsequent liens upon a vehicle, the following rules apply upon the satisfaction of a security interest in the vehiole: (1) The outstanding certificate of title shall be mailed or delivered immediately to the owner of the vehicle with proper evidence o[ satisfaction and release or the lienholder may apply for corrected title to be issued in the name of the owner (emphasis supplied). 12. The regulations of the Department of Transpodation at 67 Pa. Code § 43.11(h)(1 )(iii) serve to define "immediately" as "within 3 business days," 13_ In order to consummate the transaction with Brandenburg, on December 2 10/09/2001 09:$8 F~ 7172375300 McNees Wallace & Nurlck ~005/011 6, 2000, K & H contacted Ford to ascertain the amount of the lien pay-off. Ford advised that the lien pay-off was in the amount of $14,256.30, if it was paid by December 16, 2000. 14. On December 7, 2000, by electronic funds transfer, K & H paid off the lien on the Vehicle, in the amount of $14, 256.30. A true and correct copy of the transfer document evidencing the transfer is attached hereto as Exhibit C. 15. By letter dated January 26, 2001, Ford advised K & H that it had released its lien from the Vehicle. A true and correct copy of that correspondence is affached hereto as Exh'ibit D. 16. Despite numerous demands, Ford has yet to provide K & H with the title to the Vehicle, as required by the Vehicle Code. 17. Presently, the Vehicle sits in storage as K & H cannot sell the Vehicle, without the title. 18. At the time that K & H accepted the Vehicle in trade, the Vehicle had a market value of $17,500. 19. K & H could have realized that value, had Ford provided the unencumbered title imme(tia~ely upon pay off of the lien, as required by the Vehicle Code. 20. As a consequence of Ford's faJlur~ to immediately provide the tit/e to the Vehicle, K & H has been damaged in the amount of $17,500. 21. The conduct of Ford in refusing to yet provide the title to the Vehicle, is outrageous, warranting the imposition of counsel fees. 3 10709/2001 09:59 FAX 7172375~00 ~cNees Rallace & Nurick ~005/01! WHEREFORE, Kuhns-Hamish Ford, requests judgment in its favor in the amount of $17,§00 plus interest and counsel fees. Dated: August~, 2001 Respectfully Submitted, McNees, Wallace and Nurick Lawrence R. Wieder, Esquire Attorney I.D. No. 16707 Barbara A. Darkes, Esquire Attorney I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Kuhns-Hamish Ford, Inc. 4 .. 1¥09/2001 09:89 FAX ?172578300 McNees ~allace & Nurick ~007/01! VERIFICATION l, Lewis Appelbaum, President of Kuhns-Harnish Ford, Inc., a corporation, Plaintiff in the within action, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904, relating to unswom falsification to authorities. Dated: August~, 2001 · 10/09/2001 09:59 FA.]: ?172575200 McNees Wallace & Nurlck ~008/011 ~"u~225 R. SECOND STREET HARRISBURG (717 17110 2000 sEar~, l FAFP4445,~YF205693 ~xe~'noa o*,~ 10/09/2001 10:00 FAX 7.172375,300 licNees Wallace & Nurlck ~009/011 10/09/2001 10:00 FAX 717257~00 McNees Wallace & Nurlek ~010/011 ' ~;L~I'IJ~T G~TE: I~R~,,~II~ DA~: 12,/07/00 $ 0.~, TOT~ CU~T[~ P~YOFFB Tffi'~ l~BIT iVY[AliT TDTPJ. t~l' f,~E~IT ]{3IT~-BT~ "C" .' 1Q/09/2001 10;00 FA[ 7172575800 ~cNee~ Rallace & Nurlck ~011/01! January 26, 2001 K&H Ford PO Box 7275 Mechanicsburg, PA 17055 To Whom it May Concern: Thia letter is to certh~ that Ford Motor Credit Co. or Ford Credit Titling Trust, does not have any secured interest ir~ a 2000 Ford Mustang, registered in the name Gregory ,, ,. ,, E Brandenburg with a vehicle identification number of IFAFPa,~,eEYF2(:~693, Ford Credit Company or Ford Credit Titling Trust were the orfginal owr~ers; however, the all encumbma(;es have been satisfied. Please call our office at lq]00~'77-0730. ext 25608 if you have any questions. Sincerely, Title Specialist P -a[rid~ A. Yerge¥ ~- ~' ~ / ~i~ expim~ 0C~r 1, 2001 KUHNS-HARNISH FORD, INC. Plaintiff VS. Ford Motor Credit Company : NO. Defendant COMPLAINT ' IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLVANIA AND NOW, comes the Plaintiff, Kuhns-Harnish Ford, Inc., by and through its counsel, McNees Wallace and Nurick LLC, and states the fo[lowing: 1. Plaintiff, Kuhns-Harnish Ford, Inc. ("K & H"), is a Pennsylvania corporation with its principal place at Box 1177, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Ford Motor Credit Company ("Ford") is corporation, with a business office at Box 3076, Columbia, Maryland 21045-6076. 3. At all times material to this matter, K & H was a licensed new and used automobile dealer with a principal place of business at 6320 Carlisle Pike, Mechanicsburg, PA 17055. 4. Ford regularly conducts its business in Cumberland County by financing vehicles sold in that County. 5. Ford advertises its business in Cumberland County, with the intention of selling its lending services in that County. 6. On or about December 6, 2000, at its dealership in Mechanicsburg, PA, K & H sold a black, 2000, Ford Mustang to Gregory Brandenburg ("Brandenburg"). A true and correct copy of the Buyer's Order is attached hereto as Exhibit A. 7. As part of that transaction, K & H took in trade, Brandenburg's vehicle (the "Vehicle"), being a 2000, Silver Mustang bearing YIN# 1FAFP4445YF205693. 8. The Vehicle was encumbered with a lien in favor of Ford, in the amount of $14,256, as reflected in the Buyer's Order. 9. As part of the purchase, Brandenburg executed an Authorization for Certificate of Title Release (the "Release"). A true and correct copy of the Release is attached as Exhibit B. 10. The Release provided that upon payment of the lien, Ford was to forward the title to the Vehicle, to K & H. Such Releases are common and used in the automobile business on a regular basis. 11. The Pennsylvania Vehicle Code 75 Pa.C.S.A. § 1135 provides: § 1135. Satisfaction of security interest. (a) Absence of subsequent liens. - Where there are no subsequent liens upon a vehicle, the following rules apply upon the satisfaction of a security interest in the vehicle: (1) The outstanding certificate of title shall be mailed or delivered immediately to the owner of the vehicle with proper evidence of satisfaction and release or the lienholder may apply for corrected title to be issued in the name of the owner (emphasis supplied). 12. The regulations of the Department of Transportation at 67 Pa. Code § 43.11 (h)(1)(iii) serve to define "immediately" as "within 3 business days." 13. In order to consummate the transaction with Brandenburg, on December 6, 2000, K & H contacted Ford to ascertain the amount of the lien pay-off. Ford advised that the lien pay-off:was in the amount of $14,256.30, if it was paid by December 16, 2000. 14. On December 7, 2000, by electronic funds transfer, K & H paid off the lien on the Vehicle, in the amount of $14,256.30. A true and correct copy of the transfer document evidencing the transfer is attached hereto as Exhibit C. 15. By letter dated January 26, 2001, Ford advised K & H that it had released its lien from the Vehicle. A true and correct copy of that correspondence is attached hereto as Exhibit D. 16. Despite numerous demands, Ford has yet to provide K & H with the title to the Vehicle, as required by the Vehicle Code. 17. Presently, the Vehicle sits in storage as K & H cannot sell the Vehicle, without the title. 18. At the time that K & H accepted the Vehicle in trade, the Vehicle had a market value of $17,500. 19. K & H could have realized that value, had Ford provided the unencumbered title immediately upon pay off: of the lien, as required by the Vehicle Code. 20. As a consequence of Ford's failure to immediately provide the title to the Vehicle, K & H has been damaged in the amount of $17,500. 21. The conduct of Ford in refusing to yet provide the title to the Vehicle, is outrageous, warranting the imposition of counsel fees. 3 WHEREFORE, Kuhns-Harnish Ford, requests judgment in its favor in the amount of $17,500 plus interest and counsel fees. Dated: August.' I , 2001 Respectfully Submitted, McNees By: Wallace and Nurick .., Lawrence R. Wieder, Esquire Attorney I.D. No. 16707 Barbara A. Darkes, Esquire Attorney I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Kuhns-Harnish Ford, Inc. 4 VERIFICATION I, Lewis Appelbaum, President of Kuhns-Harnish Ford, Inc., a corporation, Plaintiff in the within action, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. -d_~'~wls ~ppe~'bad~/ Dated: August2?, 2001 ST~r[T]~;5 N~ sE~0ND STREET '-- ~ (717)258--7038 ~%~rV ~ 269--70--7845 sroc~ ~ 3009411 _ ~W~USCDU o~ou 137~? 248 TITLE # 1FAFR4445¥F20~693 ~ ............. 16000.00 ~A¥OFF GOOD UNTIL 14256.00 1744.00 PA TIRE. £XC[SE lAX: ~ 2~)70 ----O~I~E RECI~RATION-FE~ -- D~AR$ FEE mo~ ,. -- _./~.~f PS££U EXHIBIT S"~IILE~ENT DATE: TOTAL CREDIT ANOUNT $ 0.00 DEU[T I TEI4S (CDI'iP~N f NUI~ER CUSTOMER p~YIZFS RSTNIL/LEASE BR![~R NO DLR REF NB ACCT NO JJA21i 11146B BLAI~:~:HYXD 844';s~ JJA3uYFS54 JJAZ! CUSTOMER PAYOFFS TOTAL BLGTOMER PAYOFFS TOTPL DEBIT AMOUNT TOTAL NET DEBIT A~OUNT 14,256.30 $ i~,783.Z0 F3ItIBIT "C" Ford Molor Credit Company P.O. Box 3076 Co/umbia, Md. 21045~o76 Januaw 26,2001 K & H Ford PO Box 7275 Mechanicsburg, PA 17055 To VVhom it May Concern: This letter is to certify that Ford Motor Credit Co. or Ford Credit Titling Trust, does not have any secured interest in a 2000 Ford Mustang, registered in the name of Gregory E Brandenburg with a vehicle identification number of IFAFP4445YF:~d5693: Ford Credit Company or Ford Credit Titling Trust were the original owners; however, the all encumbrnaces have been satisfied. Please call our office at 1-800~;77-0730. ext 25608 if you have any questions. Sincerely, Title Specialist My Co¢~w, ission expires October 1, 2001 EXHIBIT KUHNS-HARNISH FORD, INC. Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA VS. FORD MOTOR CREDIT COMPANY Defendant : NO. 2001 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE· IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer's Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 McNEES, WALLACE & NURICK Lawrence R. Wieder, Esquire Attorney I.D. No. 16707 Barbara A. Darkes, Esquire Attorney I.D. No. 77419 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5229 ~ Attorneys for Kuhns-Harnish Ford, Inc. Dated: August~C/, 2001 KUHNS-HARNISH FORD, INC. Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. Ford Motor Credit Company Defendant : NO, COMPLAINT AND NOW, comes the Plaintiff, Kuhns-Harnish Ford, Inc., by and through its counsel, McNees Wallace and Nurick LLC, and states the following: 1. Plaintiff, Kuhns-Harnish Ford, Inc. ("K & H"), is a Pennsylvania corporation with its principal place at Box 1177, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Ford Motor Credit Company ("Ford") is corporation, with a business office at Box 3076, Columbia, Maryland 21045-6076. 3. At all times material to this matter, K & H was a licensed new and used automobile dealer with a principal place of business at 6320 Cadisle Pike, Mechanicsburg, PA 17055. 4. Ford regularly conducts its business in Cumberland County by financing vehicles sold in that County. 5. Ford advertises its business in Cumberland County, with the intention of selling its lending services in that County. 6. On or about December 6, 2000, at its dealership in Mechanicsburg, PA, K & H sold a black, 2000, Ford Mustang to Gregory Brandenburg ("Brandenburg"). A true and correct copy of the Buyer's Order is attached hereto as Exhibit A. 7. As part of that transaction, K & H took in trade, Brandenburg's vehicle (the "Vehicle"), being a 2000, Silver Mustang bearing VIN# 1FAFP4445YF205693. 6. The Vehicle was encumbered with a lien in favor of Ford, in the amount of $14,256, as reflected in the Buyer's Order. 9. As part of the purchase, Brandenburg executed an Authorization for Certificate of Title Release (the "Release"). A true and correct copy of the Release is attached as Exhibit B. 10. The Release provided that upon payment of the lien, Ford was to forward the title to the Vehicle, to K & H. Such Releases are common and used in the automobile business on a regular basis. 11. The Pennsylvania Vehicle Code 75 Pa.C.S.A. § 1135 provides: § 1135. Satisfaction of security interest. (a) Absence of subsequent liens. - Where there are no subsequent liens upon a vehicle, the following rules apply upon the satisfaction of a security interest in the vehicle: (1) The outstanding certificate of title shall be mailed or delivered immediately to the owner of the vehicle with proper evidence of satisfaction and release or the lienholder may apply for corrected title to be issued in the name of the owner (emphasis supplied). 12. The regulations of the Department of Transportation at 67 Pa. Code § 43.1 l(h)(1)(iii) serve to define "immediately" as "within 3 business days." 13. In order to consummate the transaction with Brandenburg, on December 6, 2000, K & H contacted Ford to ascertain the amount of the lien pay-off. Ford advised that the lien pay-off was in the amount of $14,256.30, if it was paid by December 16, 2000. 14. On December 7, 2000, by electronic funds transfer, K & H paid off the lien on the Vehicle, in the amount of $14, 256.30. A true and correct copy of the transfer document evidencing the transfer is attached hereto as Exhibit C. 15. By letter dated January 26, 2001, Ford advised K & H that it had released its lien from the Vehicle. A true and correct copy of that correspondence is attached hereto as Exhibit D. 16. Despite numerous demands, Ford has yet to provide K & H with the title to the Vehicle, as required by the Vehicle Code. 17. Presently, the Vehicle sits in storage as K & H cannot sell the Vehicle, without the title. 16. At the time that K & H accepted the Vehicle in trade, the Vehicle had a market value of $17,500. 19. K & H could have realized that value, had Ford provided the unencumbered title immediately upon pay off of the lien, as required by the Vehicle Code. 20. As a consequence of Ford's failure to immediately provide the title to the Vehicle, K & H has been damaged in the amount of $17,500. 21. The conduct of Ford in refusing to yet provide the title to the Vehicle, is outrageous, warranting the imposition of counsel fees. WHEREFORE, Kuhns-Harnish Ford, requests judgment in its favor in the amount of $17,500 plus interest and counsel fees. Dated: August~C~y)', 2001 Respectfully Submitted, McNees, Wallace and Nudck Lawrence R. Wieder, Esquire Attorney I.D. No. 16707 Barbara A. Darkes, Esquire Attorney I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Kuhns-Harnish Ford, Inc. 4 VERIFICATION I, Lewis Appelbaum, President of Kuhns-Harnish Ford, Inc., a corporation, Plaintiff in the within action, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: August2~, 2001 766-4733 cus[#22586 I&MAILADD ~.E GREGOKT ~RA~bE~UR~ I°t~/o6/oo S'"EET322R R. SE£OgiD gR[ET cl~ HARRISRURG SYAT£ ZiP PA 17110 7)233-6355 /BUS. (717)268-7038 "^u~°~'GROVE 1717.682.7457 StoAt . ]FAFP444RYF206693 F..XpIRA, TIONOATE BALANCE OWED TO: PAYOFF 0000 UNTIL 14256.00 "ET ALLOWANCE 1744.00 STOCK ~ q~flq4z~ ~LESMAN: YINGST. ~gl TF R~RATF: DUE ON OELIVE f~Y $ ~'S£CU $$$$ $$~$~ ~ $ $$$~ $$$$ $$$$$ ~$$$$ $ $$ ~ $ $ $ $ $ $$ $ $ $ ~ $$$$ $$$$$ $ $$$$ $$$$ $$$$ $$~$ $$$$ $$$$$ $$ $$ $$$$$ $$$~$ $ $$ $$$$$ $ $ KUHNS-HARNISH ~ILEI~NT DATE: 12/~/00 PR~ING DATE: ~2/07/~ CREDIt ITEMS (C~ANY ~BER K CR~IT TR~ACTIONS ~ P~ESSED TDT~ ~DIT A~UNT $ 0.00 ~BIT I~ (CD~Y ~ ~004147) CUST~ER PAY~FS - ~TAIL/~ BR/~ ~ DLR ~F ND ~CT NO ANOINT ddA211 III46B ~IS~YXB $ ~,506.90 8~4~ ~3~854 14,256.30 TDTt C~lD~R PAY~S ( ~9,763.~ TOTt EBIT A~T $ P.O. Bm( 3076 January26,2001 K & H Ford PO Box 7275 Mechanicsburg, PA 17055 To Whom it May Concern: This letter is to certify that Ford Motor Credit Co. or Ford Credit Titling Trust, does not have any secured interest in a 2000 Ford Mustang, registered in the name of , , Gregory E Brandenburg with a vehic e ident ficafion number of IFAFP4445YF20~$1~3. Ford Credit Company or Ford Credit Titling Trust were the original owners; however, the all encumbmaces have been satisfied. Please call our office at 1-800-677-0730. ext 25608 if you have any questions. Sincerely, Title Specialist Patricia A Yergey ~- ~' '~ / ~!y Coff~i~ien expires October 1,2001 ~X'[BIT '~" McNEES, WALLACE & NURICK ~oo PINE STREET KUHNS-HARNISH FORD, INC. Plaintiff FORD MOTOR CREDIT COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001 - 5078 Civil Term RETURN OF SERVICE The undersigned makes the following return of service: The Complaint in the above- captioned matter was mailed to Ford Motor Credit Company, on September 4, 2001 at Box 3076, Columbia, Maryland 21045-6076. The signed receipt is attached. Signature and Affidavit Lawrence R. Wieder, Esquire, cedify that I am a competent adult not a pady to the action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: September 17, 2001 Lawrence R. Wieder, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717 237-5229 · C°rnplete Itema 1, 2, ~md 3. Aj~o compbte ' Item 4 If Reetrlcted De#ve~ i~ dee~d. · Print y°ur name and addm~ on the reveme · Attach this card to the back of the rnatlplece, FORD MOTOR CREDIT COMPAJ~y ~OX 3076 COLUMBIA, MD 21045-6076 e. Date of ()ee,~ [] D. IsdeliveryA~,~dtftemntfmm/taml? []Yes If YES, ente~ d~lve~ address b~x~w: [] No 7099 3400 0001 4129 6454 TO: PLAINTIFF, KUHNS-HARNISH FORD, INC. YOU ARE HEREBy NOT]~ TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NE~V MA~FER WITHIN TWEN']~Y (20) DAYS David E. Stern~l~quire Attorney for Defendant WOLF, BLOCK, SCHORR AND SOLIS-COHEN, LLP By: David E. Stern, Esquire I.D. No. 30375 1650 Arch Street 22nd Floor Philadelphia, PA 19103 (215) 977-2556 Attorneys for Defendant KUHNS-HARNISH FORD, INC. VS. FORD MOTOR CREDIT COMPANY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 2001-5078 ANSWER AND NEW MATTER TO PLAINTIFF'S CIVIL ACTION AND NOW comes Defendant, Ford Motor Credit Company, by and through its counsel, Wolf, Block, Schorr and Solis-Cohen, LLP who responds as follows: 1 - 5. Admitted. 6. Denied. Plaintiff is pleading the contents of a written document. Defendant demands strict proof as to the contents of said document at the time of trial. 7 and 8. Admitted in part and denied in part. Defendant is without sufficient knowledge to form a belief as to the nature of the transaction alleged by Plaintiff. Defendant acknowledges that it provided financing to Gregory Brandenburg ("Brandenburg") for the acquisition of a certain used 2000 Mustang vehicle ("Vehicle"). Said Vehicle had been purchased by DSB:800967.1/000001 - 102002 14. Defendant. 15. the Vehicle. 16. Brandenburg from Curtis Ford Mercury ("Curtis"), a car dealership located at New Bloomfield, Pennsylvania. Defendant financed the Vehicle as set forth in Exhibit "A" hereof. 9. Denied. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments set forth in Paragraph 9 and strict proof is demanded at the time of trial. The document attached as Exhibit "B" to Plaintiff's Complaint was not executed by Defendant nor is Defendant bound by said document. 10. Denied for the reasons set forth in Paragraph 9 hereof. 11 and 12. Denied as conclusions of law. 13. Admitted in part and denied in part. It is admitted that the obligation owed by Brandenburg to Defendant was paid. The remaining averments are denied as Defendant is without sufficient knowledge to form a belief as to the truth of same and strict proof is demanded at the time of trial. Admitted to the extent that the obligation owed by Brandenburg was paid to Denied. At no time relevant hereto did Defendant have possession of the title to Admitted in part and denied in part. It is admitted that Plaintiff has made demand upon Defendant for possession of the title. It is denied that Defendant ever had possession of the title. By way of further response, Defendant has no obligation to Plaintiff to provide Plaintiff with the title to the subject Vehicle. 17. Denied. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments set forth in Paragraph 17 and strict proof is demanded at the time of trial. DSB:800967.1/000001-102002 - 2 - 18 - 20. Denied for the reasons mom fully set forth herein. Defendant demands strict proof at the time of trial as to the statements of fact. 21. Denied. At all times relevant hereto, Defendant has acted in good faith. NEW MATTER 22. Defendant incorporates by reference is responses to Paragraphs 1 through 21 hereof as if same were fully set forth at length. Defendant has no standing to assert a claim against Defendant. There is no privity of contract between Plaintiff and Defendant. Defendant was never the owner of the Vehicle nor did it perfect its security 23. 24. 25. interest. 26. 27. There is no duty of Defendant to Plaintiff to deliver the title to the Vehicle. The title to the Vehicle was never provided to Defendant by Curtis. The fact that Defendant may have been granted a security interest by Brandenburg does not create a duty upon Defendant to deliver the title to Plaintiff. 28. Plaintiff has failed to mitigate its damages. At all times relevant hereto, Plaintiff could have filed an action seeking to have the Commonwealth of Pennsylvania, Department of Transportation issue a new title. Plaintiff has failed to join Curtis as an indispensable party. Plaintiff is barred by the doctrine of laches from asserting any claim against 29. 30. Defendant. 31. Plaintiff assumed the risk since Plaintiff knew, or should have known that Brandenburg did not have a valid registration for the Vehicle. DSB:800967.1/000001-102002 - 3 - WHEREFORE, for the foregoing reasons, Plaintiff requests this Honorable Court to enter judgment in its favor and against Plaintiff. David'E. Stem, Esquire VERIFICATION DAVID E. STERN, states that he is the attorney for Ford Motor Credit Company, the Defendant heroin, and as Defendant's representative is unavailable, he is authorized to take this verification and states that the facts set forth in the foregoing pleading are tree and correct to the best of his knowledge, information and belief and that this verification is taken subject to the penalties of 18 Pa.C.S. § 1024(c) relating to unswom falsification to authorities. oav q uir Dated: Attorney for Defendant DSB:800967.1/000001 - 102002 CERTIFICATE OF SERVICE I, David E. Stem, Esquire, hereby certify that on the 9th day of October, 2001, I did send a copy of the Answer and New Matter of Ford Motor Credit Company to Plaintiff's Civil Action, via first class mail, postage prepaid, to the following: Lawrence R. Wieder, Esquire McNees Wallace & Nurick, LLC P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 WOLF, BLOCK, S~R and SOLIS-COHEN LLP David E. Ste~n, Esquire' DSB:800967.1/00000 l - 102002 OCT 09 2081 12:03 FR FORD CREDIT 410 312 3098 TO 91215405255G Yo_~S ~n~ ~ ff~ , S ~-~.. . ~1~ I~,1~ ~' ~ r '~ ~ .... iii .... · QUEB'nGNS? P.02/03 2.-..- ..1, ,, .j~ . ~ .. '",.'-' . -, ..... ~. · ~ TnTAI P,03/03 P~F. RR ~ WOLF, BLOCK, SCHORR AND SOLIS-COHEN, LLP By: David E. Stern, Esquire I.D. No. 30375 1650 Arch Street 22nd Floor Philadelphia, PA 19103 (215) 977-2556 Attorneys for Defendant KUHNS-HARNISH FORD, INC. VS. FORD MOTOR CREDIT COMPANY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 2001-5078 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Ford Motor Credit Company, in the above-captioned matter. Dated: October 8, 2001 WOLF, BLOCK, SCHORR and SO/¥IS-COHEN LLP By: 2A/~ ft~,~ David E~'~i~n, Esqm'~ 're DSB:800533.1/000001 - 102002 McNEE:S, WALLACE: & NURICK 100 PINE STREET HARRISBURG, PA 17108 KUHNS-HARNISH FORD, INC. Plaintiff V. FORD MOTOR CREDIT COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001 - 5078 Civil Term REPLY TO NEW MATTER NOW COMES, the Plaintiff, Kuhns-Harnish Ford, Inc., by its counsel McNees Wallace & Nurick, LLC and in response to the New Matter of the Defendant, says as follows: 22. The averment does not contain an averment of fact to which a responsive pleading is required. 23. The averment is a conclusion of law to which no responsive pleading is required. 24. The averment is a conclusion of law to which no responsive pleading is required. 25. Admitted in part and denied in part. It is admitted that Defendant was never the owner of the vehicle. After reasonable investigation, Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment that Defendant did not perfect its security interest. Accordingly, the averment is denied. 26. The averment is a conclusion of law to which no responsive pleading is required. By way of further answer it is stated that 75 Pa.C.S. § 1135(a) imposes a duty upon the Defendant to deliver the title to the Plaintiff. 27. After reasonable investigation, Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment that Curtis Ford failed to provide the title to the Defendant. Accordingly, the averment is denied. It is denied that Defendant has no duty to deliver the title to Plaintiff as the duty is imposed by 75 Pa.C.S .§ 1135(a). party. 28. 29. The averment is a conclusion of law to which no responsive pleading is required. Admitted. By way of further answer it is stated that Curtis is not an indispensable 30. The averment is a conclusion of law to which no responsive pleading is required. 31. The averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff, Kuhns-Harnish Ford, Inc. prays your Honorable Court enter judgment in its favor and against the Defendant, Ford Motor Credit Company. Dated: October ~2, ,2001 Respectfully Submitted, MCNEES WALLACE and NURICK LLC By:~~'~-~ Lawrence R. Wieder, Esquire Attorney I.D. No. 16707 Barbara A. Darkes, Esquire Attorney I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Kuhns-Harnish Ford,/nc. VERIFICATION I, Lewis Appelbaum, President of Kuhns-Harnish Ford, Inc., a corporation, Plaintiff in the within a~tion, verify that the statem,~nts made in the foregoing document are hue and carr~, to the best of my knowledge, information and belief. I understand that false statements hereir~ are made subject to the penalties of 18 Pa.C.S. ~4904. relating to unswom falsification to authorities. Dated: October~, 2001 CERTIFICATE OF SERVICE AND NOW, on this ~Z~ day of October, 2001, I hereby certify that I have served a true and correct copy of the within document, via First Class Mail, postage prepaid, as follows: David E. Stern, Esquire WOLF, BLOCK, SCHORR AND SOLIS-COHEN LLP 1650 Arch Street 22"d Floor Philadelphia, PA 19103-2097 Victor P. Stabile, Esquire DILWORTH PAXSON, L.P. 305 N. Front Street Suite 403 Harrisburg, PA 17101-1236 McNEES WALLACE & NURICK LLC Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17105-1166 (717) 237-5229 Attorneys for Kuhns-Harnish Ford, Inc. KUHNS-HARNISH FORD, INC. Plaintiff V, FORD MOTOR CREDIT COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001 - 5078 Civil Term PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above-captioned action settled and discontinued with prejudice. Respectfully Submitted, MCNEES WALLACE and NURICK LLC Dated: January 3, I ,2002 By: Lawrence R. Wieder, Esquire Attorney I.D. No. 16707 Barbara A. Darkes, Esquire Attorney I.D. No. 77419 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Kuhns-Hamish Ford, Inc.