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COMMONWEALTH OF PENNSYl.VANIA
~, COUNTY OF: CUMBEIlLAND_,O":o=~_~===""~c=
NOTICE OF JUDGMENT/TRANSCRIPT
Ill"..........."
I~A'N1IJr '14\o1I.tll.'AI)()It1!i!i
IZISK, DI\RRIN R
525 BI\RRY CT.
MECIII\NICSBURG, PA 170'i5
L
VS,
DEFENDANT:
_ NAtoli .M AIX)llf B.'1
IWALTER CRONE/COTTMAN TRANSMISSION I
3600 CARLISLE PIKE
CAMP HILL, PA 17011
L ~
u~ I),tl No
I
09-3-04
GLENN R. FARNER
.."'.... 5002 LENKER STREET
MECHANICSBURG, PA
.J
,,~_ 17171 761-6230
17055-0000
DARRIN R. ZISK
525 BARRY CT.
MECHANICSBURG, PA 17055
Docket No,: CV-0000062-96
Dolo Flied: 3/11/96
THIS IS TO NOTIFY YOU THAT:
Judgment:
IKI Judgment was entered for: (Nome)
I!l Judgment was entered against: (Name)
Intheamountol$ 390.00
o Judgment was entered agalnsl
Landlo(dfTenant ac1ion In the amount 01 $ on
The amount 01 rent per 1I10nth, as established by Ihe District Jusllce, Is $
o Damages will be assessed on: (Dale & Time)
FOR PLAINTIFF
ZISK. DARRIN R
WALTER CRONE/COTTMAN TRANSMISSION
on: (Dale of Judgment) 4/12/96
Ina
(Daln 01 Judgment)
Renlln arrears $
Damages Unjust Delenllon $
Damages to Propertyl
Resldenllal Lease: $
Less Amt Due Defendant - $
Amounl of Judgmenl = $
Judgment Costs $
Interest on Judgment $
Attorney I'ees $
o This case dismissed wilhout prejudice,
o Possession granted,
O Possession granted If money Judgment Is nol
satisfied by time of eviction,
o Possession not granted,
o Levy is stayed lor _ days or 0 generally stayed,
o ObJec1lon to levy has been filed and nearing will be held:
I::: =t'
342.00
46.00
.00
.00
390.00
TOTAL
$
ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMI:NT INVOLVING A RESIDENrlAL LEASE AND AFFECrlNG mE
DELIVERY OF POSSESSION OF REAL PROPERTY WlmlN 10 DAYS OF rilE DA 1 E OF JUDGMENr /JY FILING A
NOrlCE OF APPEAL WITH THE rROmONOTARY/CLEflK OF THE COURT OF COMMON rLf/,S, CIVIL DIVISION.
ANY PARTY AGGRIEVED BY A JUDGMENT FOR MONEY OR A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE
MAY APPEAL WITHIN 30 DAYS OF ENTRY THE JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE
PROTHONOTARYICLERK OF THE C:~lU COMMO~"'EAS~IVISION,
_4::.I..2..::Uo, Dato __.._.?\,J~_ ~ttHJ~,_, District Justicn
I cmtily lhatlhls Is a lrue and c ( 'Y ulll10 Il!cll!)Jjlll~lJdlllnS cOIIWininlllllo ludgmont,
~~ Dalo , _ 4J_'-"\.._~~__, Dlsllll:1 Jusllco
My coml11lsslonl.!.plms li.st MlJIlday 01 .January, ""'" SEAL
AOI1L .\1!J ~HI
COMMONWIALlN O' P1NNIYLVANIA
COUll O' COMMON 'ltAI
NOTICE OF APPEAL
f1ay 'I} /GV(~
fROM
JUDICIAL OIlTIICT
DISTRICT JUSTICE JUDGMENT
COMMON!:L~~I~"~0 -: 2 5cD Ic,~~g lO/tAlV
NOTICE OF APPEAL
Notice is given lho. 1M oppeUonl ha. fl\ed in the above Court 0' Common Pie-a. on oppeal from the judgment fr-ndf'fpd by Ihe [)tllrict Juttice on the
dole and In the (a", menlianed belew, "
_~ISi"""'.n R. ?i!:k__, L?'1'I'~~~rt~~J,-R.._L~4~
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CV \90DO",,0 d'J ',U-_ ~~') ~,.
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Thi. black win be oigned ONLY wh;n Ihi;";;,;'tion il,.q~il.du,xJ., Po IlCP.JP'-N~ . ~-ppcllalll-was-Ci..AiMANT'i~ooPa~R~CP,J'p,No,
10088.
TN. Nolke of Appeol, when ,ecoived by th. D.."i<1 lUltiC., will operol. o. u 100' (6) ill i1ction belolO D'stflct Just'Cl!, /10 MUST
SUPERSEDEAS 10 the judgment for po..e..;on in .hi. ca.., fiLE A COMPLAINT witlJill IWl!nty (20) days i1l/er
.. __.. . ,.. III'IIU IllS NOTICE 01 APPEAL.
SYl.ltUffl ur7irii;Tk~jiJt.liy- (-,;- -bt"~/ly-
PRAECIPE fOENTERRULE To-fiiECoMpLAiN''fANDlfulETO''FiLE'' ---
(This see/Ion 0/ loon /0 bo used ONLY whtVl 01,.,.-11,1111 Wo1S DUENDANT (St'C "'. RCPJP, No rOO1/7) 111 'Je/lon beloro D,s/flct Jus/ice,
IF NOT USED, dc/DCIJ lrom c<llY 01 no/lCe 01 my,ml 10 bo scrvnet upon ,'p/JolI,,,, /.
PRAECIPE. To Prothonotary
Ent", rule upon
N,Y'll' u/ifl"ll'l'\'Q'.J
, appelleel'), 10 file a complainlln lhi. appeal
(Common PIeo. No.
) within "..,nty (20) day. afte, .ervice of rule or .uff", enl'y of Judgment of non pmL
SiglatU'& 01 ftWL>&n lY his atbney 01 IQlWIf
RULEI To
NwntJ t~ ftlvo<<t~" I'
, appelleel'),
111 You ore notified lhat a rule I. hereby enlered upon you 10 file a compiainl in .hi. oppeal within lwenty (20) day. after the date of
""vice 01 thl. rule upon you by pe..onol .ervke or by c",tiflOd or rogi.tered maa
(2)11 you do nol file a cornplainl wilhln Ihi. lime, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU.
(31 The dote 01 ...vlce of thi. rule if .",vice wo. by mail I. lhe date of mailing.
Date:
,\9_.
__ vI_y or 0<pJt)I
, '-'
AOPC J12-1W
COUIlI FltE
I'flOOF OF SEIlVICE OF NOTICE OF ^I'PIAl lItm (lULl 1'0 III E COMPLAINT
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PROTHONOT ARV
CUMOF.ll.LA~!D COUNTY COURTHOUSE
ONE C.OUlll HOUSE SQUARE
CARLISLE, PA 17013.3387
i .CompIel.lt;me1 1M'0f 2 tOf .ddlllOl\al MMe",
'I 'CompIIl.It~ 3. 4a, and 4b
I . PM! .,.our namI Anlt alkt,p, on the rn.rt. ollhl, form 10 thai we tan "tum lhl,
wdl.....
UJIKh IN, form 10 thl frone at the mallplKe, 01' on the bid. It tp&ca doH not
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PS Fonn 3811, Dec.mber 1994
p 31~ 1~O 391
US Postal SeMe'
Receipt for Certified Mall
No Insurance Coverage ProYklod
00 no' U60 la' Intomational Mall See n'verse
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$ .7 <;
vs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYVANIA
CIVIL ACTION, LAW
NO: 96,2561 CIVIL
Plalnlill
Daffin R, Zisk
Defendant
Waller Crone t Cottmall Transmission
COMPLAINT
AND NOW comes the above-named Plaintill. who makes the following complBint in this
mBller:
1. The PIBintifl is Darrin R, Zisk, being Bn adult individual whose legBI residence is 525
BBrry CT" MechBnicsburg, CumberlBnd County. PennsylvBniB,
2, The DefendBnt herein is WBlter Crone I CollmBn Transmission, being Bn Bdult
indivlduBI who owns Bnd operates B business Bt 3600 Carlisle Pike, CBmp Hill. Cumberland
County, PennsylvBniB ( see exhibit A ),
3, On TuesdBY JBnuary 23, 1996. I, The PIBintifl. took my CBr (79 Oldsmobile
TorBnBdo) to .The Defendents shop, CottmBn TrBnsmission for its BnnuBI service mBintenBnce
(189,500 miles on it )( see exhibit A ), The trBnsmission with a life-time warrBnty WBS rebuilt by
CollmBns on JBnuBry 11, 1995 (174.000 miles on it )( see exhibit B ), This was the second lime
CollmBns rebuilt my trBnsmission, CollmBns rebuilt my trBnsmission with B limited wBrrBnly on
June 23, 1993 (150,528 miles on it ).( 12 months /12.000 miles warrBnty )( soe exhlbil C ),
4, On picking my CBr up on FridBY. JBnuBry 26, 96, I WBS informed by CollmBns mBnBger
Joe Crone (owner Walter Crone's son) of problems with the CBr ( mBkes noise. oilleBks, coolBnt
leBks, wrong size torque bolts (to long) )( see oxhibit A ), He Blso stBted thBt his dad ( WBlter
Crone) hBs Blready looked at it Bnd sBid thBt its condition would void the wBrranty on the
trBnsmission, When I Bsked Joe il the bolts could Bt all be loose, he said thBtthey weren't. He
then sBid lhBtthey might be Bnd thBtlooking at them might be a good ideB. but the problem he
said was the torque bolts were just the wrong size bolts (too long),
5, Recently I hBd just instBlled B new motor in the car (IBter hBII of December 95)( SOB
exhibil D), I hBd driven the CBr with new motor in it between 250,300 miles Bnd other then the
Iiflers In the motor. thBt I had taken bBck Bnd hBd fixed prior to dropping the car 011, I didn't heBr
or notice Bnything wrong with the trBnsmission prior to dropping my CBr 011 at Collmans,
6, That weekend I didn'l drive Ihe cer. I checked it over, and I notice that the
transmission lIuid hBdn't beon changed. it was still dirly, and when I startod 10 drive the car egBln
it was making noises that it wasn'l making prior to me dropping it 011 at Coltmans,
7, On Monday February 12,1996. Art, a friend 01 the Plantifls, who has worked on my
car in the passed and who helped me put the new motor in my car. looked at it. Torque bolts
were tight, transmission lIuid dirty (gray), transmission pan didn't look like that it was removed (
see exhibit ^ ). Also when I picked up the car on January 23, Colt mans manager Joe Crone said
that to get the torque bolts a cover must be removed, there is no cover involved in gelling to Ihe
torque bolts,
a, On Tuosday February 13, 96, I took the car back to Coltmans, I talked to manager
Joe Crone ( owner Walter Crone's son ), I told him Ihal the transmission Iluid wasn't changed (it
was still dirty), that the torque bolts in it were tighl, that they were Ihe same ones thai we had
taken oul 01 the old engine, and of the noises that it was making, I asked him to come out and to
let me show him, he wouldn't. He said that he would make an appointment to bring the car in and
he'll show me what's wrong with il. Again he said that the bolts were the wrong size (too long),
These bolts that Coltmans say are too long, are the same bolt that we had laken out when we
replace the molar and we had put the same bolts back in, The only way that these bolts could be
in there to begin with was when Coltmans had rebuilt my transmission, The nexl day I called and
made an appointment for Tuesday February 20, 1996,
9, On Tuesday February 20, 1996, I took the car down to Colt mans, I had my frelnd Art
with me, Coltmars still Insisted thatlhe bolts were the wrong ones ( too long ), Owner Walter
Crone, Manager Joe Crone, and mechanic Dale were there, mechanic John was test driving the
car, Started to go over the car with them, I asked them about the noises Ihat Ihey claim the car
was making, where was il coming Irom?, what did it sound like?, did it make it when the car was
in park?, in gear?, driving it down the road?, they couldn't answer me, I asked again, still couldn't
answer, Then Walt answered, he said that it was a distinctive noise, a distinctive noise that they
couldn't describe to me, tell me where it was coming from. or teil me anything about It, Put the
car up on the lift, mechanic Dale wenl over il. When Dale did go over It he seemed more
Inlerested in looking over the rest 01 the cor then he was the transmission (tail pipe, exhaust
system, wheels ), He later brought up these and other things wrong with my car, including his
statement that my car wilh a now motor was uuwn over a quart 01 oil, which it wasn't. When Ihe
car came down 011 the lill I pulled the oil stick to show that oil was lull. This got Walt's altention,
he hastily took the dip-stick from me and had to check it himself. It was still lull, and also I doubt
that I would of golten 190,000 miles out 01 my car ill didn't properly service and maintain It, or
that I would of lei the oil in a new motor run down over a quarl. When Ihe car was up on Ihe 11ft
Collmans started 10 change their story, no longer were they saying Ihatthese bolts were the
wrong size ( 100 long ). now they were claiming that the lorque bolts were loose, causing the
lIywheel to move around and damaging the transmission, Flrsl Coltmans said that they didn't do
any lhing to the bolls, Me and Art asked ilthey could take them out so we could look at them,
Dale when he started to take them out said that be did remember taking one 01 the bolls out and
putting it back in with a washer, We got to the next boll, Dale then said that he did remember
taking another bait out and again put it back in with a washer, Got to the third and last bolt, Dale
said that he didn't take it out or put a washer in it. Asked Dale why he didn't put a washer in the
Ihird bait like he did the other two, Wait made the statement "we (Cottmans) don't put washers
in", Me and Art looked at the baits, no damaged to the bolls, there threads, or to the holes in the
lIywheel that they go in, which would most likely happen if the bolls were loose and the lIywheel
was moving around while spinning at a high R,P,M.. Why did Cottman take two of the bolls out
and not the third, or take these baits thatlhey claim were bad out and then pulthem back In?
When I asked Dale about the condition 01 the transmission fluid when it was in on January 23 to
get serviced, he lirst said il was a cherry red color (clean), when we questioned him he then
stated that it was a varnish like color (dirty), It you look at the statement from the service
maintenance receipt from January 23, 96, you'll notice that the part for the condition at the
transmission lIuid and the Iransmission pan were never filled oul ( see exhibit A ), Was my
transmission ever looked at? Art also had a conversation with Dale on damaged to the
Transmission and as 10 weather metal shavings would show up in the fluid right away if it was
damaged, Dale agree that It would show up right away, but when Wait was around Dale denied
making the stalement.
10, Waiter Crone then said thai he wanted to take apart and look at the transmission
himself, He said that he couldn't look at it Ihat day, but that he would be able the next day
(Wednesday, February 21,1996) and Ihat he would let me know in a day or two as to weather If
he'll honor the warranty or not. Before Ilell Cottmans, I asked Waller crona about providing me
with a car, his response was that he doesn't furnished cars, Later thai day I wen I to Enterprise
Rent-A-Car and rented their cheapest car, Walter Crone never got back to me, II took 8 days of
cons Ian I calling to get responsa on my car and another 6 days (14 days total) until I gal my car
back,
11, Wednesday, February 21, 96, I did not hear anything Irom Waller Crone or Collman
Transmission,
12, Thursday, February 22, 96, Again I didn't hear anything from Walter Crone or
Cottman Transmission, I called down at 2:00 P,M., Talked to John (mechanic), I asked for Walt,
John said Ihat he wasn't in and hasn't seen him, nor did he have a number where I could get a
hold of him, John said thai the transmission was apart and that his was waiting lor Walt 10 come
in to look alII, John said that he should be in laler that day or early the next day ( Friday,
February 23), Ilelt my name, number, and a message for Walt 10 call mo, I have an answering
machine at home, gal no response,
13, Friday, February 23, 96 Called down al 1 :30 P,M., lalked to John again, same thing,
Talked to Wall's son Joe Crone, Collmans manager, he said Ihat he didn'l know where his farlher
was nor did he have a number where I could get a hold 01 him, Joe said he would try 10 gel a hold
of Wall some way and that either him or Wall would got back to me by 2:30 P,M, Ihat day, Again
I left my name and number, gol no responso,
14, Monday, February 26, 96, Called down at 3:00 P,M" talked to John, no Wall, same
response, Talked 10 Joe, Joe said thai Wall was not around, bullhat he will be in lomorrow (
Tuesday, February 27) morning 10 look at it and Ihal either Wall or himself would call me
somelime tomorrow morning for sure, Lell number, no response,
15, Tuesday, February 27, 96, Got no call, wont down 10 Collmans a13:30 P,M.. Joe
asked me Whal did I wanl. Told him Ihat I wanted 10 know what's up wilh my car, He picked up
Ihe phone and said that I could lalk 10 Wall myself. He nover gave me Ihe phone or lei me talk 10
Wall, bul did said Ihal Wall would honor Ihe lilelime warranly, Both Joe and mechanic John were
Ihere and bolh said Ihat my car would be ready on Thursday, February 29, When I asked why
Wall didn't talked to me and whal's he going 10 do about the renlal car, Manager Joe Crone told
me to get oul of Ihe shop and nollo corne back until my car is ready and until I get a phone call
from Ihem,
16, Wednesday, February 28, 96, Gol no call, no response,
17, Thursday, February 29, 96, Got no call1rom Collmans, no response,
18, Friday, March 1,96 Got no call, went down to Collmans around 5:00 P,M" talked to
Joe Crone, Joe told me that my car wasn't done, he said Ihat it wouldn't be ready until late
Monday, March 4, When I asked him why it wasn't ready, and told him that when I was in there
on Tuesday, February 27, bolh him and Mechanic John said that my car would be ready on
Thursday, February 29, His response was .1 never said that, I said Friday., Well, here it is Friday
and my car still Is not ready, Joe told me Ihat Ihe Iransmission was halfway rebuilt and that it
wouldn't be ready until late on Monday, March 4,
19, Monday, March 4, 96 Got no call, went down to Collmans at 4:30 P,M,. Manager Joe
Crone wasn't in, owner Waller Crone wasn't in either, talked to mechanic John, John said that my
car would be ready in an hour, and Ihal he would call me when it was ready, I asked John why
wasn't my car ready on Thursday, February 29 of last week like I was told it would be, John said
that he was going to get to it, but said that manager Joe Crone told him not 10 work on il. Said
that manager Joe Crone had pushed me back on the schedule, John also said that if it wasn't for
him knowing about my car iI wouldn't have been ready on Monday eilher, John said that manager
Joe Crone was 011 sick Ihal day and Ihat he didn't have my car schedule 10 be worked on, I also
asked John il owner Waller Crone was ever in to look at my Transmission, like Wall said he
wanted to, John said Ihat as lar as he knew Waller Crone was never in to look at my car at all. At
6:30 P,M, I gal a call from John, said Iho car was roady, First limo thaI I gal a call1rom Cottmans
in Ihe two woeks Ihal my car was down Ihore, I picked car up at 6:00 P,M,
20, Tuosday, March 6, 96, I dropped Ihe ronlal car 011 in Ihe morning ( 580 oxhibit E ),
and I stoppod down 01 Cottmans in tho allornoon, ownor Woller Crone was in, first time that I had
seen or heard Irom Wall since I hod dropped Iho car 011 on February 20, I asked Wall about
reimbursing me for Ihe rental car, Wall said thai he wouldn't. I also asked Walt if he was ever in
10 look al my Transmission like he said ho wanled 10, He said Ihal he was, but couldn't remember
when il was Ihal he was in,
21, Wallor Crone and Collman Transmissions failure 10 properly service and maintain my
transmission when il was in Ihere on January 23, 96 along with Ihoir deliberate 1001 dragging in
honoring and sorvicing my Iransmission Ihe second timo Ihal il was in Ihere on February 20, 96,
causod mo 10 havo to renl a car lor 14 days at a lolal cas I 01 $ 692,98 ( 580 oxhlblt E ),
COST
Car Renlal: February 20, 1996 - March 5, 1996 (Fourleen (14) days total)
Car Rontal
Insurance
Added Insurance
Trans Tax
Tax 8,0%
Tolal
PER DAY
$26,99
$11.00
$ 6,99
$ 2,00
$ 3,62
$49,60
14 DAYS TOTAL
$377.86
$154,00
$ 83,86
$ 28,00
$ 49,26
$692,98
WHEREFORE, Plaintilf demands judgment againsl Delendanl in the amount 01 ($ 692,98 )
Six Hundred, Ninely Two dollars and Ninety Eight cents, plus Intorests, and costs,
Respecllull~ submitted,
.. ,
1'" _____1..__:.._ ~
/
J'-~
Date:
-.04' _._ _. - ._......0.__
DARRIN R, ZISK
626 Barry CT,
Mochanicsburg, Po. 17066
(717) 761,7163
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EXHIBIT
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. 'It I I~Y?ICE
?:":\ ItOUfII.1. (11.1
C~, o"n~e..,9
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TOTAL CIlARliES
lJl~l %
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REC[IPT fOn CASU REFUND
OAtE AMOUNT
flrCEIVEO X
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DARRIN R. ZISK,
Plaintiff
v.
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I
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I
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I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO 96-2561
WALTER CRONE /
COTTMAN TRANSMISSION
Defendant
ANSWER NEW MATTER
AND NOW COMES, Defendant Walter Crone and W. Crone and Sons,
Inc., d/b/a Cottman Transmission, files the within Answer and New
Matter, as follows:
1. Admitted.
2. Denied. By way of further answer, W. Crone and Sons Inc.
is the Owner/Operator of Cottman Transmissions at 3600 Carlisle
Pike, Camp Hill, Pennsylvania, as stated in Plaintiff's Exhibit A.
Walter Crone is the President of W. Crone & Sons, Inc. Exhibit A
is not an accurate reproduction of Plaintiff's service order.
3. Admitted.
4.
Admitted in part and denied in part.
Admitted that
Plaintiff picked up his car after service at Cottman Transmission.
Denied that Defendant made statements regarding the condition of
the car or warranty. By way of further answer, Joe Crone stated
only that the torque bolts were not sufficiently tight; at the
January 26, 1996 meeting it was not clear that the bolto wore also
too long.
5. Denied. After reasonable investigation, the Defendant is
without knowledge or information sufficient to form a belief as to
the truth of this averment regarding what the Plaintiff had done or
thought. Denied that the transmission was not making noise when
Plaintiff dropped off his car, rather it was making a noise.
6. Denied. After reasonable investigation, the Defendant is
without knowledge or information sufficient to form a belief as to
the truth of this averment regarding what Plaintiff did or what his
thoughts were. Denied that the transmission fluid had not been
changed, rather the transmission fluid had been changed on January
25, 1996.
7. Admitted in part and denied in part. Admitted that Joe
Crone stated there is a cover to the torque converter. After
reasonable investigation Defendant is without knowledge or
information sufficient to form a belief as to the truth of the
averments regarding Plaintiff's inspections or observations.
8. Admitted in part and denied in part. Admitted that
Plaintiff returned the car to Cottman Transmissions on February 13,
1996 and spoke to Joe Crone. Admitted that Plaintiff made
statements regarding the color of the transmission fluid and that
the torque bolts were tight. Admitted that Defendant requested
Plaintiff make an appointment to have his car serviced. Denied
that the bolts were the same bolts used when Plaintiff put a
different engine in the car. After reasonable investigation
Defendant is without knowledge or information sufficient to form a
2
belief aB to the t:ruth of the avermentB regarding Plaintiff' B
repairs. Admitted that Plaintiff made an appointment the next day
for Bervice on TueBday February 20, 1996.
9. Admitted in part, denied in part. Admitted that
plaintiff had an appointment on February 20, 1996. Admitted that
Plaintiff had a third perBon with him on that date. Admitted that
the Defendant told plaintiff the boltB were not correct for the
car. Admitted that a converBation took place between Walter Crone,
Joe Crone, two of the Defendant's employees and the Plaintiff.
Admitted that the Defendant did not specify the noise that the car
had been making when the Plaintiff brought his car in for service
on January 23, 1996. By way of further anBwer, the noise was a
general sound, indicating metal hitting upon metal, a sound made
when a torque converter is not properly matted to an engine, which
the Defendant tried to explain to the Plaintiff. Denied that the
Defendant was more interested in looking over the rest of the
vehicle than diBcusBing his transmission. Admitted that a
conversation took place regarding the amount of oil in the
crankcase. Denied that Cottman TransmiBsion or its employees had
changed their diagnosis as to the condition of the torque bolts.
By way of further anBwer, Cottman TranBmiBBion upon initial
inBpection believed the boltB to be 100Be, BUbBequent inBpection
revealed that the bolts were also too long. The problem was
corrected by placing washers on the bolts. Denied as to any
diagnosis put forth by the Plaintiff. After reasonable
investigation Defendant is without knowledge or information
3
.
.
sufficient to form a belief as to the truth of the averments
regarding Plaintiff's diagnosis. It is expressly denied that
Defendant did not change the transmission fluid during the January
23, 1996 service.
Admitted that a conversation did take place
regarding the condition of the transmission fluid on February 20,
1996. Denied that Exhibit A is the original work order.
10. Admitted in part, denied in part. Admitted that Walter
Crone wished to examine the transmission himself.
Denied that
Walter Crone set a tentative appointment for February 21, 1996,
rather he stated that he could not get to it right away and needed
a few days. Admitted that Walter Crone was not certain if any
needed repairs would be covered by warranty.
Admitted that
Plaintiff requested and was denied reimbursement for a rental car.
By way of further answer, Defendant specifically informed Plaintiff
that neither he, nor Cottman Transmission provided rental cars, or
reimbursed customers for their use when a repair was made. Denied
that Plaintiff rented Enterprises' cheapest rental car available.
After reasonable investigation Defendant is without knowledge or
information sufficient to form a belief as to the truth of the
averments regarding Enterprises' rental rates.
Denied thut
Plaintiff was without his car for a total of fourteen days. By way
of further answer, Defendant made no guarantee that he would begin
work on February 21, 1996, or that he would be able to honor the
warranty without first checking with the torque converter supplier.
On February 26, 1996, Walter Crone discussed the Plaintiff's
transmission problem with a representative of the torque converter
4
manufacturer. On February 27, 1996, Defendant's employee informed
Plaintiff that Cottman Transmission would honor the warranty.
plaintiff picked up hia car on March 4, 1996. Four bueiness days
is a reasonable length of time to overhaul a transmission for a
front wheel drive vehicle such as Plaintiffs. Admitted that
Plaintiff consistently called and harassed defendant during the
repair period which caused interruptions in Cottman Transmission's
work flow and delayed finishing repairs, including the Plaintiff's.
11. Admitted.
12. Admitted.
13. Admitted. By way of further answer, Defendant examined
the transmission on February 23, 1996 and determined the
transmission required a new torque converter and transmission
overhaul due to dlimage caused by loose bolts mating the torque
converter to the engine.
14. Admitted. By way of further answer, Defendant telephoned
the supplier of the torque converter on March 26, 1996, who stated
he would not cover the torque converter because it was more than
ninety (90) days since purchase and out of warranty, and the he
believed that loose bolts could have caused damage to the torque
converter, requiring replacement and transmission overhaul.
15. Admitted in part, denied in part. Admitted that
Plaintiff telephoned Cottman Transmission on February 27, 1996.
Admitted that Defendant spoke with Plaintiff and told him that
Cottman Transmission would honor the warranty. By way of further
answer, Defendant decided to honor the warranty in an effort to
5
appease Plaintiff, the customer, despite believing that the cause
of transmission failure was the improper assembly of a different
engine to the transmission sometime in December of 1995. Denied
that Defendant stated the car would be ready on February 29, 1996.
By way of further answer, Defendant stated this was an estimate of
an approximate ready date depending on the shop schedule that week.
Admitted that Joe Crone asked the Plaintiff to leave the shop on
February 27, 1996. By way of further answer, the Plaintiff became
uncivil in his tone, demeanor and language, and it became necessary
to ask him to leave to preserve the peace.
16. Admitted. By way of further answer, the Plaintiff was
calling the shop up to two or three times a day from February 21,
1996, until the car was completed on March 4, 1996, in an effort to
harass and annoy the Defendant.
17. Admitted.
lB. Admitted in part, denied in part. Admitted that
Defendant did not call Plaintiff on March 1, 1996. Admitted that
Plaintiff appeared personally on March 1, 1996. Admitted that an
employee informed Plaintiff the car would not be completed until
March 4, 1996. Admitted that a conversation took place over the
exact estimate of completion of the car. Denied that Defendant
stated the car would be completed on Thursday February 29, 1996.
Admitted that an employee of Cottman Transmission may have stated
the transmission was halfway rebuilt on Friday, March 1, 1996. By
way of further answer, to properly repair and rebuild the
transmission, once disassembled, it became necessary to clean metal
6
shavings
from
the entire transmission, replace the torque
replace sealed components which may have been
metal shavings, which was not evident when
the decision to cover the transmission under
All of this was done at no charge to the
converter, and
contaminated by
Defendant made
warranty repair.
Plaintiff.
19. Admitted in part, denied in part. Admitted that
Plaintiff did arrive at Cottman Transmission around 4:30p.m. on
March 4, 1996. Admitted that an employee did state the car would
be ready in about an hour. Admitted that a conversation may have
taken place between Plaintiff and an employee of Cottman
Transmission. It is specifically denied that any employee was ever
told not to work on the car. However, maintenance and other
routine work is scheduled around major work, such as the
Plaintiffs. Other work was scheduled prior to Defendant
dstermining that it would honor Plaintiffs lifetime warranty
despite the replacement of the motor and improper connection to the
transmission made by persons other than the Defendant. Denied that
Defendant did not personally look at the transmission of the
Plaintiff. Admitted that the car was ready at 5: 30p .m. on March 4,
1996. Admitted that an employee of Cottman Transmissions
telephoned Plaintiff on March 4, 1996. Admitted that Plaintiff
picked up the car at 6:00p.m. on March 4, 1996. Admitted that Joe
Crone was ill on March 4, 1996, which caused delays in all work
scheduled for that day.
7
20. Admitted in part, denied in part. After reasonable
investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments
regarding when Plaintiff returned his rental car. However,
Defendant avers that Plaintiff could have and should have returned
the rental vehicle on March 4, 1996. Admitted that Defendant and
Plaintiff had a conversation on March 5, 1996. Admitted that
Defendant again told Plaintiff that Cottman Transmission would not
reimburse the Plaintiff for the cost of the rental car. By way of
further answer, Defendant explained to Plaintiff that the decision
to rent a car was his own, and later discovered that Plaintiff had
another vehicle available for his use. Admitted that Plaintiff and
Defendant had a conversation about Defendant personally examining
the transmission of the Plaintiff. Admitted that at that time
Defendant could not remember when he examined the transmission.
After reviewing his records it was determined that he examined the
transmission on Friday, February 23, 1996.
21. Denied that Defendants' actions caused Plaintiff to rent
a car. Rather, Defendant went out of its way to satisfy the
Plaintiff and it was Plaintiff's choice, after being told he would
be reimbursed for the rental car, to rent a car for his
convenience.
WHEREFORE, the Defendant respectfully request that this
Honorable Court dismiss this Complaint.
e
lm,W MATTER
22. plaintiff brought his car to W. Cone and Sons, Inc.,
d/b/a Cottman Tranemission (Cottman Transmission), on January 25,
1996, for an annual lifetime service as provided by his Cottman
Transmission warranty.
23. On January 25, 1996, Cottman Transmission completed the
annual service as provided by the lifetime warranty agreement.
24. The January 25, 1996, service invoice indicated that the
bolts holding the torque converter to the engine were loose, that
the engine had other problems, and that Plaintiff should take the
engine back to Engines America to have it repaired. Attached as
Exhibi t 1-
25. A Cottman Transmission employee informed plaintiff on
January 25, 1996 that the shoddy repair work in installing the
other engine in December of 1995 may have voided the lifetime
transmission warranty.
26. On February 20, 1996, Defendant agreed to look over the
transmission and make a decision whether to make a warranty repair.
27. On February 20, 1Y96, Defendant informed Plaintiff that
neither warranty repairs nor non-warranty repairs included the cost
of a rental car for the loss use of a vehicle under any
circumstances.
28. On February 21, 1996, at his own initiative, for his own
convenience, the Plaintiff rented an automobile.
9
, '
29. plaintiff had a second vehicle which he chose not to use
while his 1979 Oldsmobile Toranado was at Cottman Transmission for
repair.
30. In an attempt to satisfy the Plaintiff, Defendant agreed
to rebuild the transmission and honor the lifetime warranty at no
charge to the Plaintiff.
31. Defendant instructed the employees of Cottman
Transmission to complete the repair, at no charge to the Plaintiff.
32. A complete disassembly and rebuild was performed on the
Plaintiff's transmission between February 27, 1996 and March 4,
1996.
33. A time frame of four (4) days to completely disassemble
and rebuild the transmission of a front wheel drive, 1979
Oldsmobile Toranado, was reasonable for the complexity of the
vehicle involved.
34. On March 5, 1996, Plaintiff presented a rental car
invoice in the amount of $692.98.
35. Plaintiff at no time expressed any urgent need for the
car while it was in the care of Cottman Transmission.
36. The Cottman Transmission warranty does not cover
consequential damages, such as rental reimbursement resulting from
a required warranty repair.
37. Plaintiff was under no obligation to pay the rental
invoice for the plaintiff in this matter.
10
WHEREFORE, the Defendant, Walter Crone, and W. Crone and Sons
Inc., d/b/a Cottman Transmission, respectfully request that this
Honorable Court dismiss the this Complaint.
Respectfully Submitted,
Walter Crone,
By:
'.'; )
}.. 'f l_
Walter Crone d/b/a
W. Crone and Sons, Inc.
Cottman Transmissions
3600 Carlisle Pike
Camp Hill, PA 17011
(717) 763-1351
d/b/a
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vs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO: 96-2661 CIVIL
Plaintill
Darrin R, Zisk
Delendant
Walter Crone t Collman Transmission
PLAINTIFF'S ANSWER TO DEFENDANT'S
NEW MAHER
AND NOW, comes Ihe Plaintill, Darrin R, Zisk, and oilers the following averment In
response to Delendants New Matter as follows:
NEW .MA HER
22, No response required as paragraph constitutes a legal conclusion, However, insolar
as a response may be required it is denied that the plainlill brought his car to Cottman
Transmission lor Its annuallllelime service as provided by his Cottman Transmission Warranty on
January 25, 1996, As stated in paragraph "3" 01 the Plaintills Complaint and was admitted to by
the Delendant in his Answer New.Malter, the Plalntill brought his car to Cottman Transmission lor
its annual service maintenance on Tuesday January 23, 1996,
23, No response required as paragraph constllutes a legal conclusion, However, insolor
as a response may be required it is denied that Cottman Transmissions had completed services an
provided by the 1I1etlme warranty agreement. It so then as stated in paragraph "6" ollhe Pleil1l111n
Complaint, the transmission fluid would have been clean and not dirty, and as to when CottmOI1D
completed service, The Plalnlill is without sulliclent knowledge as to when CottmOI1D complolud
their so-called service to the Plainlills Transmission, I, The Plaintiff, didn't get a call1rom
Cotlmans telling me Ihat my car was ready, and when I did call dowl1 on Thursday JIII111llry 26,
1996 I was only told thai my car was ready to be picked up and I picked illlp Ihu l1uxt dllY Oil
Friday January 26, 1996,
24, No response required os paragraph constitutes a legal COnClll!llOI1. Howuvnr, 11160111I
as a response may be required II is denied that Ihe service invoice Datud: 1/26/96 II11Hl:ulud Ihlll
the bolls holding the torque converter to the engine were loose, No where in the service invoice
does the Defendant have documented that the torque converter bolls were loose or for even that
matter that the torque converter bolls were to long, All that's documented in the service invoice on
the torque converter bolls is 'torque converter bolls" ,and the only input on the torque converter
bolls at that time carne from Cottman Transmissions manager Joe Crone, owner Waller Crones
son, who informed the Plaintiff that the torque converter bolls were to long, that they stick out to
far to the point where they could cause damage to the torque converter, that along with him saying
that the engine leaks oil and coolant fluid would void the lifetime warranty on the transmission,
Only when I asked him if the bolls could at all be loose, as stated in paragraph "4" of the Plaintiffs
Complaint, he did indicate that they might be loose and that looking at them might be a good idea,
but that the problllm with the bolls were that they were the wrong size bolls (too long) and that I
should take it back to Engines America to have them fix it. All that Engines America has to do wllh
this is that they were who I had brought the engine from and when one of the lilters in it went bad
took it back to them to have it fixed, They have nothing else to do with it or with installing the
engine in the car.
26, No response required as paragraph constitutes a legal conclusion, However insofar
as a response may be required it is denied that Cottman Transmissions informed the Plainllll on
January 26,1996 that shoddy repair work in installing the other engine in December of 1996 may
have voided the lifetime transmission warranty, The Plaintiff, as stated in paragroph '4' of the
Plaintiffs Complaint, was informed on Friday, January 26, 1996 by Cottman Transmissions
manager Joe Crone, owner Waller Crones son, of problems with the car ( makes noise, 011 leaks,
coolant leaks, wrong size torque bolls (too long)), He also stated that his dad (Waller Crone) had
already looked at it and said that its condition would void the warranty on the transmission,
26, No response required as paragraph constitutes a legal conclusion. However insofar
as 6 response may be required, Defendant stated on Tuesday February 20, 1996 that he wanted to
lake apart and look at the transmission himself, he said that he couldn't look at it that day, but that
he would be able to the next day, and that he would let me know in a day or two as to weather II
he'll honor the warranty or not.
27, No response required as paragraph constitutes a legal conclusion, However insofar
as a response may be required, on February 20, 1996 Defendant informed Plaintill alter Plaintiff
inquired to the Defendant about providing him with a vehicle while his car in the defendants shop
to be looked at and possibly repaired, A situation brought on because of the defendants shops
failure to properly service and maintain the plalnllffs transmission when it was in on January 23-26,
1996, Delendant informed Plaintiff that neither him or Cottman Transmissions are obligated or
responsible in providing transportation and that he doesn'tlurnish cars, The Plaintill had and
provided himself with transportation when he dropped his car olfto be serviced and maintained on
January 23, 1996, transportation that wasn't available to him when he had to drop his car 011 at
Cottmans again on February 20, 1996, Dropping the car 011 again on February 20, 1996 was
brought on because 01 Cottman Transmissions failure to properly service and maintain the
plaintills transmission when it was in on January 23-26, 1996, II Cottman Transmission properly
took care of the Plaintills car on January 23,26, 1996 and not drag their leet in honoring the
lifetime warranty from February 20 - March 4, 1996, the Plaintills need to rent a car lor 14 days
would not have existed, The back 01 the Delendants own receipt states that "This warranty gives
you specific legal rights and you may have other rights which vary from state to state"
(see exhibit F), The Plaintill on February 26, 1996 also asked and told his attorney of the
situation, His attorney told him of his rights and what to do, weather Cottman Transmission and
Waller Crone liked it or not.
28, No response required as paragraph constitutes a legal conclusion, However, insofar
as a response may be required, The Plainlilf on Tuesday February 20. 1996. and not February 21,
out of his need for transportation brought on by Collman Transmissions lailure to properly service
and to maintain the Plaintills transmission when it was in the Defendants shop on January 23-26.
1996, and from his own experience with the Delendants shop ot not delivering even close to their
estimated IInlshed time, The Plaintill went out and rented an automobile to fulfilf his transportation
needs brought on by the situation,
29, No response required as paragraph constitutes a legal conclusion, However, Insofar
as a response may be required it Is acknowledge that The Plaintill does own a second vehicle, a
1980 GMC pickup truck. but as Plaintill has inlormed the Defendanlthat as of February 1. 1996 it
would be Ilfegal for the Plalntillto drive that second vehicle on Pennsylvania roads,
30, No response required as paragraph constitutes a legal conclusion, However. insofar
as a response may be required 1\ is acknowledge that the Defendant did agree to honor the IIletime
warranty and rebulfd the transmission, This was on February 27, eight (8) days after The Plaintiff
had dropped 011 his car and was told by the Defendant that he would let him know in a day or two
weather or not If he would honor the Iiletime warranty, However it Is denied that the Defendant did
this in an allempt to satisfy The Plalntill, The Plaintill had a lifetime warranty on the transmission
that the Delendant had to honor, Second, the failure 01 the transmission was from the Defendants
shops failure to properly service and maintain the transmission when it was in on January 23-26,
1996, If the Defendant was allempting to satisly The Plalntill, then why did the Defendant return
I he Plaintiffs car to him III Its condition thai it WHS in on JanuHI y 20, 1996, II ied to back out of the
warranty, and then drag their feet in servicing and honoring the warranty, Finally, in allempting to
satisfy The Plaintiff, why didn't the Delendant provide The Plaintill with a car to satisfy his
transportation needs brought on by the Delendanls shops failure to properly service and maintain
the transmission when it was in on January 23,26, 1996.
31, No response required as paragraph constitules a legal conclusion, However, insofar
as a response may be required, The Plaintifl is without sullicient knowledge as to what the
Defendant had instructed to his employees,
32, No response required as paragraph constitutes a legal conclusion, However, insofar
as a response may be required, Tho Plaintill is without sullicient knowledge or information as to
when The Plaintiffs transmission was completely disassembled and rebuilt. However as was
stated in paragraph "12" of The Plaintills Complaint and was agreed to by the Defendant in his
Answer New Matler the Plaintiffs transmission was already taken apart on Thursday, February 22,
1996,
33, No response required as paragraph constitutes a logal conclusion, However, insofar
as a response may be required, The Plaintiff is without sufficient knowledge or information as to
what a reasonable time frame to completely disassemble and rebuild a transmission would be,
However as was stated in paragraph "12" of The Plaintiffs Complaint and was agreed to by the
Defendant in his Answer New Malter The Plaintiffs transmission was already taken apart on
Thursday, February 22, 1996, that would be at least twelve (12) days that Cottman Transmissions
had to take apart and to rebuild the transmission, Three (3) times what the Defendant states is a
reasonable time frame.
34, Admitted
35, No response required as paragraph constitutes a legal conclusion, However, insofar
as a response may be required it is denied that The Plaintiff did not express any need lor the car
or another source oltransporlation while his car was at Cottman Transmission, The Plaintiff
informed the Defendant 01 his transportation needs when the car was in on February 20, 1996 and
The Plaintiff called up just about everyday to find out what's up with his car,
36, No response required as paragraph constitutes a legal conclusion. However, insofar
as a response may be required, The back 01 the Defendants own receipt states that "This warranty
gives you specific rights and you may have other rights which vary from state to state"
( see exhibit F), The Plaintiff on February 26, 1996 also asked and told his attorney of the
situation, His attorney told him of his rights and what to do, The need lor repairs to The Plaintiffs
transmission was because of Cottman Transmissions failure to properly service and maintain The
Plaintiffs transmission on January 23-26, 1996, The Plaintiffs transmission was returned to him on
Friday, January 26, 1996 in not the same condition as when he brought his car in on Tuesday,
January 23, 1996, Thl} Defendants shop instead of lixing and relurning the car in proper condition
tried to negate the lifetime warranty causing the plaintiff to have 10 return the car again on
February 20, 1996 with the Defendants shop dragging their leet in honoring the Iiletlme warranty
and in servicing the transmission, causing The Plaintiff to have to rent a car lor 14 days, a
situation that wouldn't have occurred if the defendants shop had properly serviced and mainlained
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