Preview
CAM-L-000221-23 04/13/2023 1:07:17 PM Pglof4 Trans ID: LCV20231264941
O'TOOLE SCRIVO LLC
Steven A. Weiner, Bar ID # 012811975
14 Village Park Road
Cedar Grove, NJ 07009
973-239-5700
Fax 973-239-3400
Attorneys for Defendants JJ AUTO OUTLET T/A
AUTO CONCEPTS, MICHAEL GARRO, JOE GALLO
SUPERIOR COURT OF NEW JERSEY
JULIA ROSE NAWROCKI, INDIVIDUALLY AND LAW DIVISION: CAMDEN COUNTY
ON BEHALF OF ALL OTHERS SIMILARLY Docket No.: CAM-L-221-23
SITUATED,
CIVIL ACTION
Plaintiff,
NOTICE OF MOTION FOR
vs.
RECONSIDERATION AND
J&J AUTO OUTLET T-A AUTO CONCEPTS, REFERRAL TO ABRITRATION
MICHAEL GARRO, JOE GALLO AND JOHN
DOES 1-10,
Defendant(s)
TO Lewis G. Adler, Esq.
26 Newton Ave.
Woodbury, NJ 08096
Attorney for Plaintiff
PERLMAN-DEPETRIS CONSUMER LAW
1926 Greentree Road, Suite 100
Cherry Hill, New Jersey 08003
Attorneys for Plaintiff
COUNSEL:
PLEASE TAKE NOTICE, that on May 12, 2023, at 9:00 a.m. or as soon thereafter as counsel
may be heard, the undersigned, attorneys for the defendants in this action, shall move, in the Superior
Court of New Jersey, Law Division, Camden County, for an Order granting Reconsideration of the
annexed Order dated October 31, 2023 and posted to the docket on April 3, 2023, vacating the
CAM-L-000221-23 04/13/2023 1:07:17 PM Pg2of4 Trans ID: LCV20231264941
attached Order, dismissing this action in its entirety, with prejudice, and ordering that the claims
asserted by plaintiff individually proceed to arbitration.
We intend to rely upon the papers filed on behalf of the defendants with respect to the Motion
decided on March 31, 2023, the Brief filed herewith, and the Certification of James Gallo dated April
12, 2023 with Exhibit filed herewith, in support of this Motion. A proposed form of Order is being
filed herewith.
ORAL ARGUMENT IS REQUESTED IF THIS MOTION BE OPPOSED.
O’TOOLE SCRIVO, LLC, -
Attorneys for Defendants,
J&J AUTO OUTLET T/A
AUTO CONCEPTS, MICHAEL GARRO and JOE GALLO
BY: /s/ Steve, A. Weiner
Steven A. Weiner
DATED: April 13, 2023
CAM-L-000221-23 04/13/2023 1:07:17 PM Pg3o0f4 Trans ID: LCV20231264941
CAM-L-000221-23 03/31/2023 Pg 1of2 Trans ID: LCV20231110255
CAM-L-000221-23 03/06/2023 9:10:19 AM Pg1of2 Trans ID: LCV2023809419
Ke
O'TOOLE SCRIVO LLC
Steven A. Weiner, Bar ID # 012811975
14 Village Park Road
Cedar Grove, NJ 07009
DENIED
973-239-5700
Fax 973-239-3400
Attorneys for Defendants J&J AUTO OUTLET T/A
AUTO CONCEPTS, MICHAEL GARRO, JOE GALLO
SUPERIOR COURT OF NEW JERSEY
JULIA ROSE NAWROCKI, INDIVIDUALLY AND LAW DIVISION: CAMDEN COUNTY
ON BEHALF OF ALL OTHERS SIMILARLY Docket No.: CAM-L-221-23
SITUATED,
CIVIL ACTION
Plaintiff,
vs.
ORDER, ke
AND CO}
J&J AUTO OUTLET T-A AUTO CONCEPTS,
MICHAEL GARRO, JOE GALLO AND JOHN
DOES 1-10,
Defendant(s)
THIS MATTER having been opened to the Court by O’Toole Scrivo, LLC, attorneys for
defendants J&J Auto Outlet trading as Auto Concepts, Michael Garro and Joe Gallo, upon Notice of
Motion, and the Court having considered the papers filed in support thereof, as well as any papers
filed in opposition and any oral argument, and for good cause shown;
ITS on this_3/ “day of March 2023,
ORDERED AND ADJUDGED as follows:
1
2.
That this action be and is h
That the olin
= 4h di}¢ in its entirety with prejudice, and;
shall proceed in arbitration before the
y wilh ial1.
PB 1
¢ iN 4A
American Arbitration Association, undlt Ch Pa
CAM-L-000221-23 04/13/2023 1:07:17 PM Pg4of4 Trans ID: LCV20231264941
CAM-L-000221-23 03/31/2023 Pg2of2 Trans ID: LCV20231110255
CAM-L-000221-23 03/06/2023 9:10:19 AM Pg2of2 Trans ID: LCV2023809419
-
a
Fie —
STEVEN J. POLANSRY, P.J.Cv.
O Unopposed
Reasons set fori On the Record”
a
i EN iLT C 4 i¥
CAM-L-000221-23 04/13/2023 1:07:17 PM Pglof2 Trans ID: LCV20231264941
O'TOOLE SCRIVO LLC
Steven A. Weiner, Bar ID # 012811975
14 Village Park Road
Cedar Grove, NJ 07009
973-239-5700
Fax 973-239-3400
Attorneys for Defendants T/A
AUTO CONCEPTS, INC. trading as J&J AUTO OUTLET,
MICHAEL GARRO and JOE GALLO
SUPERIOR COURT OF NEW JERSEY
JULIA ROSE NAWROCKI, INDIVIDUALLY AND LAW DIVISION: CAMDEN COUNTY
ON BEHALF OF ALL OTHERS SIMILARLY Docket No.: CAM-L-221-23
SITUATED,
CIVIL ACTION
Plaintiff,
ORDER GRANTING
VS.
RECONSIDERATION OF ORDER
J&J AUTO OUTLET T-A AUTO CONCEPTS, DATED MARCH 31, 2023 DENYING
MICHAEL GARRO, JOE GALLO AND JOHN REFERRAL TO ARBITRATION,
DOES 1-10, VACATING SAID ORDER,
DISMISSING COMPLAINT AND
Defendant(s) COMPELLING ABRITRATION
THIS MATTER having been opened to the Court by O’Toole Scrivo, LLC, attorneys for
defendants Auto Concepts, Inc. trading as J&J Auto Outlet, Michael Garro and Joe Gallo, upon Notice
of Motion for Reconsideration and other relief, and the Court having considered the papers filed in
support thereof, as well as any papers filed in opposition and any oral argument, and for good cause
shown;
IT IS on this day of May 2023,
ORDERED AND ADJUDGED as follows:
1 The Court grants Reconsideration of the Order entered March 31, 2023, denying said
defendants’ Motion to Dismiss and Compel Arbitration, and;
2 The Court vacates said Order in its entirety, and;
CAM-L-000221-23 04/13/2023 1:07:17 PM Pg2of2 Trans ID: LCV20231264941
3 This action be and is hereby dismissed in its entirety with prejudice, and;
2 The claims of plaintiff individually shall proceed in arbitration before the American
Arbitration Association.
JISC.
oO Opposed
oO Unopposed
CAM-L-000221-23 04/13/2023 1:07:17 PM Pglof2 Trans ID: LCV20231264941
O'TOOLE SCRIVO LLC
Steven A. Weiner, Bar ID # 012811975
14 Village Park Road
Cedar Grove, NJ 07009
973-239-5700
Fax 973-239-3400
Attorneys for Defendants AUTO CONCEPTS INC.
Trading as J&J AUTO OUTLET, MICHAEL GARRO, JOE GALLO
JULIA ROSE NAWROCKI, INDIVIDUALLY AND SUPERIOR COURT OF NEW JERSEY
ON BEHALF OF ALL OTHERS SIMILARLY LAW DIVISION: CAMDEN COUNTY
SITUATED, Docket No.: CAM-L-221-23
Plaintiff, CIVIL ACTION
VS.
J&J AUTO OUTLET T-A AUTO CONCEPTS,
CERTIFICATION OF COUNSEL IN
MICHAEL GARRO, JOE GALLO AND JOHN
DOES 1-10, SUPPORT OF MOTION FOR
RECONSIDERATION AND
Defendant(s) REFERRAL TO ARBITRATION
Joe Gallo, of full age, hereby certifies and says:
1 Tam an attorney at law of New Jersey, and a Counsel of the firm of O’Toole Scrivo,
LLC, attorneys for the named defendants in this action. I am familiar the documents attached to this
Certification.
2. Attached to this Certification are true copies of the following Certifications and
Exhibits, filed previously with the court in this action and among the documents incorporated by
reference in the present Motion for Reconsideration. These copies are provided for the
convenience of the court and counsel:
Certification of Joe Gallo dated February 28, 2023 with Exhibits;
Reply Certification of Joe Gallo dated March 23, 2023 with Exhibits.
I certify that the foregoing statements made by me are true. I am aware that if any of the
CAM-L-000221-23 04/13/2023 1:07:17 PM Pg2of2 Trans ID: LCV20231264941
foregoing statements made by me are willfully false, I am subject to punishment.
/s/ Peter V_ Koeni
Peter V. Koenig
DATED: April 13, 2023
CAM-L-000221-23 04/13/2023 1:07:17 PM Pglof1 Trans ID: LCV20231264941
O'TOOLE SCRIVO LLC
Steven A. Weiner, Bar ID # 012811975
14 Village Park Road
Cedar Grove, NJ 07009
973-239-5700
Fax 973-239-3400
Attorneys for Defendants J&J AUTO OUTLET T/A
AUTO CONCEPTS, MICHAEL GARRO, JOE GALLO
SUPERIOR COURT OF NEW
JULIA ROSE NAWROCKI, INDIVIDUALLY AND JERSEY
ON BEHALF OF ALL OTHERS SIMILARLY LAW DIVISION: CAMDEN
SITUATED, COUNTY
Docket No.: CAM-L-221-23
Plaintiff,
CIVIL ACTION
vs.
J&J AUTO OUTLET T-A AUTO CONCEPTS,
CERTIFICATION
MICHAEL GARRO, JOE GALLO AND JOHN
DOES 1-10,
Defendant(s)
Joe Gallo certifies as follows:
J. tama principal of J&J AUTO OUTLET, Inc. trading as Auto Concept
s. I am also
named personally as a defendant.
2. 1am familiar the documents relating to the transaction with Plaintif
f,
3. Exhibit “1, attached, is a true copy of a Contract entered into by
Plaintiff with Auto
Concepts and J&J.
4. Exhibit “2” is a blank copy of the I page of the Contract — provid
ed because it is a
clearer copy of that page.
1 certify that the foregoing statement made by me is true. I am awar
e that if the foregoing
oli
statement made by me is willfully false, I am subject to punishmen t.
Dated: February 2, 2023
CAM-L-000221-23 04/13/2023 1:07:17 PM Pglof9 Trans ID: LCV20231264941
EXHIBIT 1
CAM-L-000221-23 04/13/2023 1:07:17 PM Pg2o0f9 Trans ID: LCV20231264941
oo eee
cS ee
TN te iN
dONTRACT REGISTRATION PAGE i i
Phi fact Ni ber
v hicle Owner Ni
JULIA NAWROCKI as lac
Street Address a RR AO G1
115 PENN A\
City Nu 18
COLLINGSWO!
Year Nake
BROT 64
2012 Dodg
Current Odometer Reading Ve Pa Nase
aae
nler Name
Auto Concepts os a5
yealer Address,
220 Evesham Road Gtanaor
Tienholder Name Ph ye
jenholder Address
"44963,
Pi, Ni ame Expieat
02& Ad 3 2.000.
Preferred 3 months/3000 miles " rc a Mile: se
Primary Add-On Options
Cl Engine/Transmission Add-On Option Group O Electrical Sieanni Add-On) Cplion. Grup ‘i Higeik gees Add-On Option Group
“Validation Period Plan Code Velucle Class
30 Days and 1000 Miles 203DRPD1 2 Doductibie $ {00 act Py chase Price: $360.00
i
Surcharges
(24 Wheel/All-Wheel Drive ODiesei (2 Ton Vehicle Cl Tuthiocharjer/Supercneny mut vorid Electic Vehile (1 Commercial Us:
‘Options (Subject to a surcharge)
Seals and Gaskets Ci Technology Gioup
Expiration Type ia
All Service Contracts expire by either time or mile: Forth fd OniExpraticn pe. mileage i tilwaye ag of the Senice Cont
Purchase Date (SCPD). For the Term Expiration ‘ype. jeage be ature fples
~*Service Contract Validation Penod
(vP under. is. ntract begins on the Service Contract Pt sHase Date (SCPD) uniass the Si 0 is were fran ten (70) days after the Vehicle Purchase Date
is more than ten (10) days alter the VPD. see he validation prhod fisted ab pe: me pare haserol this Senice Contract acknowleages
th r benefits are subject to the validation periad stated above,
a sc =
| ii
ot is Service nitre isn Feguired 16 e 8 ity Ae or nA sh ie detie
| to transfer this Serv tree Te
Spe et dicho ont
cee t0.106 Transter provisicr is env a
ite Ol STRATION PAGE AND THE SERVICE CONTRACT CONSTITUTE THE & BETWEEN YOU AND THE
ER NO
| i it
el
TH JOCUMENTS ARE LEGAL AND BINDING UNLESS PROVE iDED o vou By the ADMINISTRATOR OR PROVIDE!
jtralion Clause which may atiect Your lopal
pwell.as the State Requiraments: Hon {01 rOus Sp
rans. «
if
i
tate Your sta
al prohibits suc provisions. Ple Ye
included) tp delermine whether Your ti 4
‘D clo oo
ire to
avi rot ation. F.C. Box 20647. Si, Petersbu a FL The Prova Gano} ide
Insult ne aI onda 2 Quai Roost Orive, Mian +4 7. Poli FN-S-W, 2. s'Su Fac! are
number YOU may filba waite
ira ida at any time Pte 1S Call S65-406-0634 for insu m din
{i nit i} Space provided: turther reuresent dod acknawledge thal i have 4ny$ am) familial with the followang aspects ©
i
sorisibiln fegarding maintenarve requirements and time and nvieage hin ns Inbal
IN-outlipes the procedireita file Adair: Indted
ervice Contiact Initial
ic where the Service Contract do nal provide cage, thitial
Mi oullines the Servic Niract cancellation conditions lnal
nf arramt ae fol vaued if this Senaice Ponies nas. een
—
Vek 20 hin cnely
hie (90) the purchase date )
‘a F ident: re quired te Noi
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CAM-L-000221-23 04/13/2023 1:07:17 PM Pg3o0f9 Trans ID: LCV20231264941
If You need repair service, refer to the section entitled “If Your Vehicle Incurs A Breakdown.”
You may visit any licensed repair facility in the United States or Canada. If Your Vehicle is still under the manu-
facturer’s warranty, return Your Vehicle to a manufacturer’s authorized dealer.
NOTE:
THE REGISTRATION PAGE AND THIS SERVICE CONTRACT CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN YOU AND THE PROVIDER AND NO OTHER DOCUMENTS ARE LEGAL
AND BINDING UNLESS PROVIDED TO YOU BY THE ADMINISTRATOR OR PROVIDER
Review Your Registration Page. The Registration Page contains basic information regarding Your Service Con-
tract.
Check Your Deductible - Please check the box labeled Deductible on Your Registration Page. The number
shown identifies the minimum portion of the covered repair You will be required to pay if You have a claim.
If this box was left blank, immediately contact the Dealer from whom You purchased this Service Contract.
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This Service Contract is an agreement between You and Us. We, Us, Our and Provider refers to United Ser-
vice Protection Corporation, P.O. Box 20647, St. Petersburg, FL 33742, 1-800-283-0785. In Florida the Provider
is United Service Protection, Inc., P.O. Box 20647, St. Petersburg, FL 33742, 1-800-283-0785. The Provider is
the party responsible to You for the benefits under this Service Contract, except as noted in the State Requirement
section located at the end of this Service Contract. You, Your and Contract Holder refers to You, the purchaser
of this Service Contract and the owner of the Vehicle described in the Registration Page of this Service Contract.
ADMINISTRATOR: refers to Royal Administration Services, Inc. The Administrator is responsible for ad-
ministering this Service Contract. All inquiries should be directed to the Administrator. Toll-free assistance is
available at 1-800-871-0467.
BREAKDOWN, MECHANICAL BREAKDOWN, MECHANICAL FAILURE: Refers to a failure due to
defects in materials and/or workmanship of a Covered Part to perform the function for which it was designed
by its manufacturer. A Breakdown does not include sludging or gelling conditions. Further, a Breakdown does
not include any failures to Your Vehicle if the manufacturer has announced its responsibility through any means
including public recalls and factory service bulletins or TSBs.
COVERED PART or COVERED PARTS: Refers to the parts or components listed under the section entitled
“Plan Coverage.”
DEALER: Refers to the party who sold You this Service Contract. Please see the box labeled “Dealer Name”
on the Registration Page for Your Dealer’s contact information.
DEDUCTIBLE: The minimum portion of the covered repair which You will have to pay if You have a claim.
The amount of Your Deductible is shown on Your Registration Page. This amount is applied per claim, and to
each claim. In addition, if the repairs are made at the dealership where You purchased this Service Contract, up to
one hundred dollars ($100.00) of the Deductible will be waived, per claim and for each claim for repairs.
EXPIRATION TYPE: This Service Contract is subject to a Plan Period and Expiration Type. The Plan Period is
the number of months and number of miles for which You are afforded coverage under this Service Contract. The
Expiration Type determines when the number of miles is reached. Please refer to the section entitled “Expiration
Type” on Your Registration Page for more information.
FULL FACTORY WARRANTY, FACTORY WARRANTY: Refers to the full Manufacturer’s Warranty pro-
vided to You at no additional cost, and covers repairs to Your Vehicle to correct any defect in material or work-
manship. This Service Contract is not a Factory Warranty.
LABOR: Total labor time for a covered repair will be determined by a current nationally published labor manual.
The labor rate for authorized repairs will be based on the posted labor rate of the licensed repair facility that You
selected. If the repair facility’s labor rate is not posted the Administrator reserves the right to approve a labor rate
based on the average labor rate for similar local repair facilities. Administrator also reserves the right to adjust
the approved labor rate if the repair facility’s labor rate is deemed to be excessive by the Administrator when
compared to local average labor rates for similar facilities.
OEM: Original Equipment Manufacturer.
RPG
USP-iRi
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'
PLAN PERIOD: ‘This Service Contract ig subject to a Plan Period and Expiration Type. The Plan Period is the
Wutber of itenths aed nuinber of tiles for which You are afforded coverage under this Service Contract. The
Expiration Type determines whet the number of miles is reached. Please refer to the section entitled “Expiration
‘Vpe" on Your Registration Page for more information.
SERVICE CONTRACT: This Service Contract is issued (o You and covers Your vehicle described on the Reg-
istration Pape of this Service Contract.
SERVICE SONTRAC NUMBER: Please see the box labeled rvice Contract Number” on the Registration
Page. Please referto this number in any written or verbal communication, such as requesting information or filing
acclaim
VEHICLE, YOUR VEHICLE: Refers to the vehicle described on the Registration Page of Your Service Con-
tract and owned by You,
10) ANYfe} Leroi pt Wh
This er ee Contr t provides coverages recorded for the time and mileage stated on the Registration Page,
whiche: r occurs first. Plea! to the sections of the Registration Page entitled “Expiration Type” and “Plan
Period” to determine Your period of coverage.
CONTRACT HOLDER'S RESPONSIBILITIES:
1 CLAIM REIMBURSEMENT
Obtain approval PRIOR to having work performed that may be covered by this Service Contract.
If You believe the failure may be covered by this Service Contract, call the Administrator at 1-800-
871- 0467, or instruct the repair facility performing the work to call to register the claim BEFORE
THE WORK JS PERFORMED.
See the section entitled “If Your Vehicle Incurs A Breakdown” for additional information.
VEHICLE MAINTENANCE AND MAINTENANCE REQUIREMENTS
Properly Maintain Your Vehicle and KEEP THE RECEIPTS,
This Service Contract is only valid if Your Vehicle has been maintained in accordance with the
manufacturer’s specifications, Keep copies of all receipts (oil changes, lubrication, etc.). Proof of
maintenance may be required when You file a claim.
Maintenance Requirements:
a You must have Your Vehicle checked and servi ed in accordance with the manufacturer’s
recommendations, as outlined in the Owner’s Manual for Your Vehicle.
NOTE: Your Vehicle’s Owner’s Manual lists different servicing recommendations based on
individual driving habits and climate conditions, You are required to follow the maintenance
schedule that applies to Your speelfic conditions. Failure to follow the manufacturer’s recom-
mendations that apply to Your specific conditions may result in a denial of Coverage under
this Service Contract,
b Mt is required that You retain “Proof” of maintenance for the service and/or repair work
performed on Your Vehicle, “Proof” means repair orders from a licensed repair facility, Per-
wi tnd br
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' I '
tinent information must be furnished to identify the Vehicle and the repairs performed, such
as the Vehicle Identification Number (VIN), date, mileage, parts and labor.
NOTE: This plan does not provide coverage for the failure of a component after recommended or required
service, if such scheduled service was not in fact performed.
ADMINISTRATOR’S RESPONSIBILITIES:
1. BREAKDOWN OF COVERED PARTS
We will pay or reimburse You for the reasonable costs to repair or replace any Breakdown of a part listed
in the Plan Coverage Section, as determined by the Administrator using standard and common industry
practices. COVERED PARTS MAY BE REPLACED, DEPENDING ON AVAILABILITY AND AT
ADMINISTRATOR’S DISCRETION, WITH LIKE KIND AND QUALITY (LKQ), USED, RE-
BUILT, REMANUFACTURED OR NEW PARTS.
GENERAL PROVISIONS:
1. YOUR HELP AND COOPERATION
If We ask, You agree to help Us enforce Your rights against any manufacturer or repair facility who may
be responsible to You for the cost of repairs covered by this Service Contract. You must provide written
authorization to Us to communicate with any party other than You.
SUBROGATION AND OUR RIGHT TO RECOVER PAYMENT
If We pay for coverage under this Service Contract,We may require You to assign Us Your rights of recov-
ery against others. We will not pay for a Breakdown if You impair these rights to recovery. Your rights to
recover from others may not be waived. You shall do whatever is necessary to enable Us to enforce these
rights. We shall recover only the excess after You are fully compensated for Your loss.
In the event a repair is subject to any additional third-party Service Contracts or warranties, those
Service Contracts or warranties shall supersede any and all obligations under this Service Contract.
DEDUCTIBLE
In the event of a Breakdown covered by this Service Contract, You may be required to pay a Deduct-
ible. No Deductible payment is required with respect to 24 Hour Roadside Assistance, Rental, and Trip
Interruption if they are provided by this Service Contract. The Deductible amount will be applied on a per
repair visit basis. Should a covered Breakdown take more than one visit to repair, only one Deductible will
apply for that Breakdown.
COVERAGE
The Coverage afforded You for Your Vehicle is determined by the Plan Name and Expiration Type shown
on the Registration Page, which is more fully described in the section entitled “Plan Coverage.”
5. LIMITS OF LIABILITY
OUR liability for any one authorized repair shall in no event exceed the actual cash value (ACV) of Your
Vehicle at the time of said repair visit as listed in the National Automobile Dealers Association (N.A.D.A.)
Official Used Car Guide for Your region (excluding tax, title, and license fees).
YRPPHUDIGeIE 15 vie 8
us eect WNETSH
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OUR liability for all authorized repairs combined, shall in no event exceed the actual cash value (ACV)
of Your Vehicle at the time of said repair visit as listed in the National Automobile Dealers Association
(N.A.D.A,) Official Used Car Guide for Your region (excluding tax, title, and license fees).
In the event that the amount of any one authorized repair or the combined total amount of all autho-
rized repairs meets or exceeds Our liability, Your Service Contract will be deemed expired and no further
coverage will be afforded to You, regardless of the remaining time or mileage of Your Service Contract’s
Plan Period. No refund shall be due to You upon expiration of the Service Contract.
SERVICE CONTRACT VALIDATION PERIOD
This Service Contract may be subject to a validation period of time and mileage from the Service Contract
Purchase Date (SCPD), as shown on the Registration Page. The length of the validation period, if applica-
ble, is listed on the Registration Page of this Contract. There is no coverage during the validation period.
Coverage will commence upon the expiration of the validation period. If the Validation Period applies, the
additional time and mileage contained in the validation period will be added to the plan’s duration.
EXPIRATION TYPE: ADD-ON
The plan expires by time or mileage, whichever occurs first.
a Time: The plan expiration is measured from the Contract purchase date.
b. Mileage: The plan expiration is measured from the odometer mileage of the vehicle on the Con-
tract purchase date.
EXPIRATION TYPE: TERM
This plan expires by time or mileage, whichever occurs first.
a. Time: The plan expiration is measured in time from Contract purchase date.
b. Mileage: The plan expiration is measured from zero (0) odometer miles, and will expire when the
vehicle’s odometer reaches the mileage of the plan selected.
MANUFACTURER’S WARRANTY DISCLOSURE
If the term of this Service Contract overlaps with the term of Your Manufacturer’s Warranty, look first to
Your Manufacturer’s warranty for coverage. This Service Contract excludes coverage for any loss covered
by Your Manufacturer’s Warranty, but may nevertheless provide benefits in addition to those provided by
Your Manufacturer’s Warranty.
ARBITRATION
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT LIMITS CERTAIN
RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF
Preview
CAM-L-000221-23 04/13/2023 1:07:17 PM Pglof4 Trans ID: LCV20231264941 O'TOOLE SCRIVO LLC Steven A. Weiner, Bar ID # 012811975 14 Village Park Road Cedar Grove, NJ 07009 973-239-5700 Fax 973-239-3400 Attorneys for Defendants JJ AUTO OUTLET T/A AUTO CONCEPTS, MICHAEL GARRO, JOE GALLO SUPERIOR COURT OF NEW JERSEY JULIA ROSE NAWROCKI, INDIVIDUALLY AND LAW DIVISION: CAMDEN COUNTY ON BEHALF OF ALL OTHERS SIMILARLY Docket No.: CAM-L-221-23 SITUATED, CIVIL ACTION Plaintiff, NOTICE OF MOTION FOR vs. RECONSIDERATION AND J&J AUTO OUTLET T-A AUTO CONCEPTS, REFERRAL TO ABRITRATION MICHAEL GARRO, JOE GALLO AND JOHN DOES 1-10, Defendant(s) TO Lewis G. Adler, Esq. 26 Newton Ave. Woodbury, NJ 08096 Attorney for Plaintiff PERLMAN-DEPETRIS CONSUMER LAW 1926 Greentree Road, Suite 100 Cherry Hill, New Jersey 08003 Attorneys for Plaintiff COUNSEL: PLEASE TAKE NOTICE, that on May 12, 2023, at 9:00 a.m. or as soon thereafter as counsel may be heard, the undersigned, attorneys for the defendants in this action, shall move, in the Superior Court of New Jersey, Law Division, Camden County, for an Order granting Reconsideration of the annexed Order dated October 31, 2023 and posted to the docket on April 3, 2023, vacating the CAM-L-000221-23 04/13/2023 1:07:17 PM Pg2of4 Trans ID: LCV20231264941 attached Order, dismissing this action in its entirety, with prejudice, and ordering that the claims asserted by plaintiff individually proceed to arbitration. We intend to rely upon the papers filed on behalf of the defendants with respect to the Motion decided on March 31, 2023, the Brief filed herewith, and the Certification of James Gallo dated April 12, 2023 with Exhibit filed herewith, in support of this Motion. A proposed form of Order is being filed herewith. ORAL ARGUMENT IS REQUESTED IF THIS MOTION BE OPPOSED. O’TOOLE SCRIVO, LLC, - Attorneys for Defendants, J&J AUTO OUTLET T/A AUTO CONCEPTS, MICHAEL GARRO and JOE GALLO BY: /s/ Steve, A. Weiner Steven A. Weiner DATED: April 13, 2023 CAM-L-000221-23 04/13/2023 1:07:17 PM Pg3o0f4 Trans ID: LCV20231264941 CAM-L-000221-23 03/31/2023 Pg 1of2 Trans ID: LCV20231110255 CAM-L-000221-23 03/06/2023 9:10:19 AM Pg1of2 Trans ID: LCV2023809419 Ke O'TOOLE SCRIVO LLC Steven A. Weiner, Bar ID # 012811975 14 Village Park Road Cedar Grove, NJ 07009 DENIED 973-239-5700 Fax 973-239-3400 Attorneys for Defendants J&J AUTO OUTLET T/A AUTO CONCEPTS, MICHAEL GARRO, JOE GALLO SUPERIOR COURT OF NEW JERSEY JULIA ROSE NAWROCKI, INDIVIDUALLY AND LAW DIVISION: CAMDEN COUNTY ON BEHALF OF ALL OTHERS SIMILARLY Docket No.: CAM-L-221-23 SITUATED, CIVIL ACTION Plaintiff, vs. ORDER, ke AND CO} J&J AUTO OUTLET T-A AUTO CONCEPTS, MICHAEL GARRO, JOE GALLO AND JOHN DOES 1-10, Defendant(s) THIS MATTER having been opened to the Court by O’Toole Scrivo, LLC, attorneys for defendants J&J Auto Outlet trading as Auto Concepts, Michael Garro and Joe Gallo, upon Notice of Motion, and the Court having considered the papers filed in support thereof, as well as any papers filed in opposition and any oral argument, and for good cause shown; ITS on this_3/ “day of March 2023, ORDERED AND ADJUDGED as follows: 1 2. That this action be and is h That the olin = 4h di}¢ in its entirety with prejudice, and; shall proceed in arbitration before the y wilh ial1. PB 1 ¢ iN 4A American Arbitration Association, undlt Ch Pa CAM-L-000221-23 04/13/2023 1:07:17 PM Pg4of4 Trans ID: LCV20231264941 CAM-L-000221-23 03/31/2023 Pg2of2 Trans ID: LCV20231110255 CAM-L-000221-23 03/06/2023 9:10:19 AM Pg2of2 Trans ID: LCV2023809419 - a Fie — STEVEN J. POLANSRY, P.J.Cv. O Unopposed Reasons set fori On the Record” a i EN iLT C 4 i¥ CAM-L-000221-23 04/13/2023 1:07:17 PM Pglof2 Trans ID: LCV20231264941 O'TOOLE SCRIVO LLC Steven A. Weiner, Bar ID # 012811975 14 Village Park Road Cedar Grove, NJ 07009 973-239-5700 Fax 973-239-3400 Attorneys for Defendants T/A AUTO CONCEPTS, INC. trading as J&J AUTO OUTLET, MICHAEL GARRO and JOE GALLO SUPERIOR COURT OF NEW JERSEY JULIA ROSE NAWROCKI, INDIVIDUALLY AND LAW DIVISION: CAMDEN COUNTY ON BEHALF OF ALL OTHERS SIMILARLY Docket No.: CAM-L-221-23 SITUATED, CIVIL ACTION Plaintiff, ORDER GRANTING VS. RECONSIDERATION OF ORDER J&J AUTO OUTLET T-A AUTO CONCEPTS, DATED MARCH 31, 2023 DENYING MICHAEL GARRO, JOE GALLO AND JOHN REFERRAL TO ARBITRATION, DOES 1-10, VACATING SAID ORDER, DISMISSING COMPLAINT AND Defendant(s) COMPELLING ABRITRATION THIS MATTER having been opened to the Court by O’Toole Scrivo, LLC, attorneys for defendants Auto Concepts, Inc. trading as J&J Auto Outlet, Michael Garro and Joe Gallo, upon Notice of Motion for Reconsideration and other relief, and the Court having considered the papers filed in support thereof, as well as any papers filed in opposition and any oral argument, and for good cause shown; IT IS on this day of May 2023, ORDERED AND ADJUDGED as follows: 1 The Court grants Reconsideration of the Order entered March 31, 2023, denying said defendants’ Motion to Dismiss and Compel Arbitration, and; 2 The Court vacates said Order in its entirety, and; CAM-L-000221-23 04/13/2023 1:07:17 PM Pg2of2 Trans ID: LCV20231264941 3 This action be and is hereby dismissed in its entirety with prejudice, and; 2 The claims of plaintiff individually shall proceed in arbitration before the American Arbitration Association. JISC. oO Opposed oO Unopposed CAM-L-000221-23 04/13/2023 1:07:17 PM Pglof2 Trans ID: LCV20231264941 O'TOOLE SCRIVO LLC Steven A. Weiner, Bar ID # 012811975 14 Village Park Road Cedar Grove, NJ 07009 973-239-5700 Fax 973-239-3400 Attorneys for Defendants AUTO CONCEPTS INC. Trading as J&J AUTO OUTLET, MICHAEL GARRO, JOE GALLO JULIA ROSE NAWROCKI, INDIVIDUALLY AND SUPERIOR COURT OF NEW JERSEY ON BEHALF OF ALL OTHERS SIMILARLY LAW DIVISION: CAMDEN COUNTY SITUATED, Docket No.: CAM-L-221-23 Plaintiff, CIVIL ACTION VS. J&J AUTO OUTLET T-A AUTO CONCEPTS, CERTIFICATION OF COUNSEL IN MICHAEL GARRO, JOE GALLO AND JOHN DOES 1-10, SUPPORT OF MOTION FOR RECONSIDERATION AND Defendant(s) REFERRAL TO ARBITRATION Joe Gallo, of full age, hereby certifies and says: 1 Tam an attorney at law of New Jersey, and a Counsel of the firm of O’Toole Scrivo, LLC, attorneys for the named defendants in this action. I am familiar the documents attached to this Certification. 2. Attached to this Certification are true copies of the following Certifications and Exhibits, filed previously with the court in this action and among the documents incorporated by reference in the present Motion for Reconsideration. These copies are provided for the convenience of the court and counsel: Certification of Joe Gallo dated February 28, 2023 with Exhibits; Reply Certification of Joe Gallo dated March 23, 2023 with Exhibits. I certify that the foregoing statements made by me are true. I am aware that if any of the CAM-L-000221-23 04/13/2023 1:07:17 PM Pg2of2 Trans ID: LCV20231264941 foregoing statements made by me are willfully false, I am subject to punishment. /s/ Peter V_ Koeni Peter V. Koenig DATED: April 13, 2023 CAM-L-000221-23 04/13/2023 1:07:17 PM Pglof1 Trans ID: LCV20231264941 O'TOOLE SCRIVO LLC Steven A. Weiner, Bar ID # 012811975 14 Village Park Road Cedar Grove, NJ 07009 973-239-5700 Fax 973-239-3400 Attorneys for Defendants J&J AUTO OUTLET T/A AUTO CONCEPTS, MICHAEL GARRO, JOE GALLO SUPERIOR COURT OF NEW JULIA ROSE NAWROCKI, INDIVIDUALLY AND JERSEY ON BEHALF OF ALL OTHERS SIMILARLY LAW DIVISION: CAMDEN SITUATED, COUNTY Docket No.: CAM-L-221-23 Plaintiff, CIVIL ACTION vs. J&J AUTO OUTLET T-A AUTO CONCEPTS, CERTIFICATION MICHAEL GARRO, JOE GALLO AND JOHN DOES 1-10, Defendant(s) Joe Gallo certifies as follows: J. tama principal of J&J AUTO OUTLET, Inc. trading as Auto Concept s. I am also named personally as a defendant. 2. 1am familiar the documents relating to the transaction with Plaintif f, 3. Exhibit “1, attached, is a true copy of a Contract entered into by Plaintiff with Auto Concepts and J&J. 4. Exhibit “2” is a blank copy of the I page of the Contract — provid ed because it is a clearer copy of that page. 1 certify that the foregoing statement made by me is true. I am awar e that if the foregoing oli statement made by me is willfully false, I am subject to punishmen t. Dated: February 2, 2023 CAM-L-000221-23 04/13/2023 1:07:17 PM Pglof9 Trans ID: LCV20231264941 EXHIBIT 1 CAM-L-000221-23 04/13/2023 1:07:17 PM Pg2o0f9 Trans ID: LCV20231264941 oo eee cS ee TN te iN dONTRACT REGISTRATION PAGE i i Phi fact Ni ber v hicle Owner Ni JULIA NAWROCKI as lac Street Address a RR AO G1 115 PENN A\ City Nu 18 COLLINGSWO! Year Nake BROT 64 2012 Dodg Current Odometer Reading Ve Pa Nase aae nler Name Auto Concepts os a5 yealer Address, 220 Evesham Road Gtanaor Tienholder Name Ph ye jenholder Address "44963, Pi, Ni ame Expieat 02& Ad 3 2.000. Preferred 3 months/3000 miles " rc a Mile: se Primary Add-On Options Cl Engine/Transmission Add-On Option Group O Electrical Sieanni Add-On) Cplion. Grup ‘i Higeik gees Add-On Option Group “Validation Period Plan Code Velucle Class 30 Days and 1000 Miles 203DRPD1 2 Doductibie $ {00 act Py chase Price: $360.00 i Surcharges (24 Wheel/All-Wheel Drive ODiesei (2 Ton Vehicle Cl Tuthiocharjer/Supercneny mut vorid Electic Vehile (1 Commercial Us: ‘Options (Subject to a surcharge) Seals and Gaskets Ci Technology Gioup Expiration Type ia All Service Contracts expire by either time or mile: Forth fd OniExpraticn pe. mileage i tilwaye ag of the Senice Cont Purchase Date (SCPD). For the Term Expiration ‘ype. jeage be ature fples ~*Service Contract Validation Penod (vP under. is. ntract begins on the Service Contract Pt sHase Date (SCPD) uniass the Si 0 is were fran ten (70) days after the Vehicle Purchase Date is more than ten (10) days alter the VPD. see he validation prhod fisted ab pe: me pare haserol this Senice Contract acknowleages th r benefits are subject to the validation periad stated above, a sc = | ii ot is Service nitre isn Feguired 16 e 8 ity Ae or nA sh ie detie | to transfer this Serv tree Te Spe et dicho ont cee t0.106 Transter provisicr is env a ite Ol STRATION PAGE AND THE SERVICE CONTRACT CONSTITUTE THE & BETWEEN YOU AND THE ER NO | i it el TH JOCUMENTS ARE LEGAL AND BINDING UNLESS PROVE iDED o vou By the ADMINISTRATOR OR PROVIDE! jtralion Clause which may atiect Your lopal pwell.as the State Requiraments: Hon {01 rOus Sp rans. « if i tate Your sta al prohibits suc provisions. Ple Ye included) tp delermine whether Your ti 4 ‘D clo oo ire to avi rot ation. F.C. Box 20647. Si, Petersbu a FL The Prova Gano} ide Insult ne aI onda 2 Quai Roost Orive, Mian +4 7. Poli FN-S-W, 2. s'Su Fac! are number YOU may filba waite ira ida at any time Pte 1S Call S65-406-0634 for insu m din {i nit i} Space provided: turther reuresent dod acknawledge thal i have 4ny$ am) familial with the followang aspects © i sorisibiln fegarding maintenarve requirements and time and nvieage hin ns Inbal IN-outlipes the procedireita file Adair: Indted ervice Contiact Initial ic where the Service Contract do nal provide cage, thitial Mi oullines the Servic Niract cancellation conditions lnal nf arramt ae fol vaued if this Senaice Ponies nas. een — Vek 20 hin cnely hie (90) the purchase date ) ‘a F ident: re quired te Noi i Bi iom a urt bit Mi Ny ca oe si ie pes oe ae 5 a Cat nat ges a oe ( | ae oe re Es pe Bya ea o ieere ey nin re a ihe on fie, is UI ee ou i ny . aas a, i ie cr = Tee CAM-L-000221-23 04/13/2023 1:07:17 PM Pg3o0f9 Trans ID: LCV20231264941 If You need repair service, refer to the section entitled “If Your Vehicle Incurs A Breakdown.” You may visit any licensed repair facility in the United States or Canada. If Your Vehicle is still under the manu- facturer’s warranty, return Your Vehicle to a manufacturer’s authorized dealer. NOTE: THE REGISTRATION PAGE AND THIS SERVICE CONTRACT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE PROVIDER AND NO OTHER DOCUMENTS ARE LEGAL AND BINDING UNLESS PROVIDED TO YOU BY THE ADMINISTRATOR OR PROVIDER Review Your Registration Page. The Registration Page contains basic information regarding Your Service Con- tract. Check Your Deductible - Please check the box labeled Deductible on Your Registration Page. The number shown identifies the minimum portion of the covered repair You will be required to pay if You have a claim. If this box was left blank, immediately contact the Dealer from whom You purchased this Service Contract. CAM-L-000221-23 04/13/2023 1:07:17 PM Pg4of9 Trans ID: LCV20231264941 This Service Contract is an agreement between You and Us. We, Us, Our and Provider refers to United Ser- vice Protection Corporation, P.O. Box 20647, St. Petersburg, FL 33742, 1-800-283-0785. In Florida the Provider is United Service Protection, Inc., P.O. Box 20647, St. Petersburg, FL 33742, 1-800-283-0785. The Provider is the party responsible to You for the benefits under this Service Contract, except as noted in the State Requirement section located at the end of this Service Contract. You, Your and Contract Holder refers to You, the purchaser of this Service Contract and the owner of the Vehicle described in the Registration Page of this Service Contract. ADMINISTRATOR: refers to Royal Administration Services, Inc. The Administrator is responsible for ad- ministering this Service Contract. All inquiries should be directed to the Administrator. Toll-free assistance is available at 1-800-871-0467. BREAKDOWN, MECHANICAL BREAKDOWN, MECHANICAL FAILURE: Refers to a failure due to defects in materials and/or workmanship of a Covered Part to perform the function for which it was designed by its manufacturer. A Breakdown does not include sludging or gelling conditions. Further, a Breakdown does not include any failures to Your Vehicle if the manufacturer has announced its responsibility through any means including public recalls and factory service bulletins or TSBs. COVERED PART or COVERED PARTS: Refers to the parts or components listed under the section entitled “Plan Coverage.” DEALER: Refers to the party who sold You this Service Contract. Please see the box labeled “Dealer Name” on the Registration Page for Your Dealer’s contact information. DEDUCTIBLE: The minimum portion of the covered repair which You will have to pay if You have a claim. The amount of Your Deductible is shown on Your Registration Page. This amount is applied per claim, and to each claim. In addition, if the repairs are made at the dealership where You purchased this Service Contract, up to one hundred dollars ($100.00) of the Deductible will be waived, per claim and for each claim for repairs. EXPIRATION TYPE: This Service Contract is subject to a Plan Period and Expiration Type. The Plan Period is the number of months and number of miles for which You are afforded coverage under this Service Contract. The Expiration Type determines when the number of miles is reached. Please refer to the section entitled “Expiration Type” on Your Registration Page for more information. FULL FACTORY WARRANTY, FACTORY WARRANTY: Refers to the full Manufacturer’s Warranty pro- vided to You at no additional cost, and covers repairs to Your Vehicle to correct any defect in material or work- manship. This Service Contract is not a Factory Warranty. LABOR: Total labor time for a covered repair will be determined by a current nationally published labor manual. The labor rate for authorized repairs will be based on the posted labor rate of the licensed repair facility that You selected. If the repair facility’s labor rate is not posted the Administrator reserves the right to approve a labor rate based on the average labor rate for similar local repair facilities. Administrator also reserves the right to adjust the approved labor rate if the repair facility’s labor rate is deemed to be excessive by the Administrator when compared to local average labor rates for similar facilities. OEM: Original Equipment Manufacturer. RPG USP-iRi CAM-L-000221-23 04/13/2023 1:07:17 PM Pg5 of9 Trans ID: LCV20231264941 ' PLAN PERIOD: ‘This Service Contract ig subject to a Plan Period and Expiration Type. The Plan Period is the Wutber of itenths aed nuinber of tiles for which You are afforded coverage under this Service Contract. The Expiration Type determines whet the number of miles is reached. Please refer to the section entitled “Expiration ‘Vpe" on Your Registration Page for more information. SERVICE CONTRACT: This Service Contract is issued (o You and covers Your vehicle described on the Reg- istration Pape of this Service Contract. SERVICE SONTRAC NUMBER: Please see the box labeled rvice Contract Number” on the Registration Page. Please referto this number in any written or verbal communication, such as requesting information or filing acclaim VEHICLE, YOUR VEHICLE: Refers to the vehicle described on the Registration Page of Your Service Con- tract and owned by You, 10) ANYfe} Leroi pt Wh This er ee Contr t provides coverages recorded for the time and mileage stated on the Registration Page, whiche: r occurs first. Plea! to the sections of the Registration Page entitled “Expiration Type” and “Plan Period” to determine Your period of coverage. CONTRACT HOLDER'S RESPONSIBILITIES: 1 CLAIM REIMBURSEMENT Obtain approval PRIOR to having work performed that may be covered by this Service Contract. If You believe the failure may be covered by this Service Contract, call the Administrator at 1-800- 871- 0467, or instruct the repair facility performing the work to call to register the claim BEFORE THE WORK JS PERFORMED. See the section entitled “If Your Vehicle Incurs A Breakdown” for additional information. VEHICLE MAINTENANCE AND MAINTENANCE REQUIREMENTS Properly Maintain Your Vehicle and KEEP THE RECEIPTS, This Service Contract is only valid if Your Vehicle has been maintained in accordance with the manufacturer’s specifications, Keep copies of all receipts (oil changes, lubrication, etc.). Proof of maintenance may be required when You file a claim. Maintenance Requirements: a You must have Your Vehicle checked and servi ed in accordance with the manufacturer’s recommendations, as outlined in the Owner’s Manual for Your Vehicle. NOTE: Your Vehicle’s Owner’s Manual lists different servicing recommendations based on individual driving habits and climate conditions, You are required to follow the maintenance schedule that applies to Your speelfic conditions. Failure to follow the manufacturer’s recom- mendations that apply to Your specific conditions may result in a denial of Coverage under this Service Contract, b Mt is required that You retain “Proof” of maintenance for the service and/or repair work performed on Your Vehicle, “Proof” means repair orders from a licensed repair facility, Per- wi tnd br CAM-L-000221-23 04/13/2023 1:07:17 PM Pg 6o0f9 Trans ID: LCV20231264941 ' I ' tinent information must be furnished to identify the Vehicle and the repairs performed, such as the Vehicle Identification Number (VIN), date, mileage, parts and labor. NOTE: This plan does not provide coverage for the failure of a component after recommended or required service, if such scheduled service was not in fact performed. ADMINISTRATOR’S RESPONSIBILITIES: 1. BREAKDOWN OF COVERED PARTS We will pay or reimburse You for the reasonable costs to repair or replace any Breakdown of a part listed in the Plan Coverage Section, as determined by the Administrator using standard and common industry practices. COVERED PARTS MAY BE REPLACED, DEPENDING ON AVAILABILITY AND AT ADMINISTRATOR’S DISCRETION, WITH LIKE KIND AND QUALITY (LKQ), USED, RE- BUILT, REMANUFACTURED OR NEW PARTS. GENERAL PROVISIONS: 1. YOUR HELP AND COOPERATION If We ask, You agree to help Us enforce Your rights against any manufacturer or repair facility who may be responsible to You for the cost of repairs covered by this Service Contract. You must provide written authorization to Us to communicate with any party other than You. SUBROGATION AND OUR RIGHT TO RECOVER PAYMENT If We pay for coverage under this Service Contract,We may require You to assign Us Your rights of recov- ery against others. We will not pay for a Breakdown if You impair these rights to recovery. Your rights to recover from others may not be waived. You shall do whatever is necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss. In the event a repair is subject to any additional third-party Service Contracts or warranties, those Service Contracts or warranties shall supersede any and all obligations under this Service Contract. DEDUCTIBLE In the event of a Breakdown covered by this Service Contract, You may be required to pay a Deduct- ible. No Deductible payment is required with respect to 24 Hour Roadside Assistance, Rental, and Trip Interruption if they are provided by this Service Contract. The Deductible amount will be applied on a per repair visit basis. Should a covered Breakdown take more than one visit to repair, only one Deductible will apply for that Breakdown. COVERAGE The Coverage afforded You for Your Vehicle is determined by the Plan Name and Expiration Type shown on the Registration Page, which is more fully described in the section entitled “Plan Coverage.” 5. LIMITS OF LIABILITY OUR liability for any one authorized repair shall in no event exceed the actual cash value (ACV) of Your Vehicle at the time of said repair visit as listed in the National Automobile Dealers Association (N.A.D.A.) Official Used Car Guide for Your region (excluding tax, title, and license fees). YRPPHUDIGeIE 15 vie 8 us eect WNETSH CAM-L-000221-23 04/13/2023 1:07:17 PM Pg7of9 Trans ID: LCV20231264941 OUR liability for all authorized repairs combined, shall in no event exceed the actual cash value (ACV) of Your Vehicle at the time of said repair visit as listed in the National Automobile Dealers Association (N.A.D.A,) Official Used Car Guide for Your region (excluding tax, title, and license fees). In the event that the amount of any one authorized repair or the combined total amount of all autho- rized repairs meets or exceeds Our liability, Your Service Contract will be deemed expired and no further coverage will be afforded to You, regardless of the remaining time or mileage of Your Service Contract’s Plan Period. No refund shall be due to You upon expiration of the Service Contract. SERVICE CONTRACT VALIDATION PERIOD This Service Contract may be subject to a validation period of time and mileage from the Service Contract Purchase Date (SCPD), as shown on the Registration Page. The length of the validation period, if applica- ble, is listed on the Registration Page of this Contract. There is no coverage during the validation period. Coverage will commence upon the expiration of the validation period. If the Validation Period applies, the additional time and mileage contained in the validation period will be added to the plan’s duration. EXPIRATION TYPE: ADD-ON The plan expires by time or mileage, whichever occurs first. a Time: The plan expiration is measured from the Contract purchase date. b. Mileage: The plan expiration is measured from the odometer mileage of the vehicle on the Con- tract purchase date. EXPIRATION TYPE: TERM This plan expires by time or mileage, whichever occurs first. a. Time: The plan expiration is measured in time from Contract purchase date. b. Mileage: The plan expiration is measured from zero (0) odometer miles, and will expire when the vehicle’s odometer reaches the mileage of the plan selected. MANUFACTURER’S WARRANTY DISCLOSURE If the term of this Service Contract overlaps with the term of Your Manufacturer’s Warranty, look first to Your Manufacturer’s warranty for coverage. This Service Contract excludes coverage for any loss covered by Your Manufacturer’s Warranty, but may nevertheless provide benefits in addition to those provided by Your Manufacturer’s Warranty. ARBITRATION READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF