HomeMy WebLinkAbout96-02571
CoMMO;'~ALTH O' 'IHHIYLYAHIA
.-- "-caulifiiiCOMMON I'i1AI
NOTICE OF APPEAL
fROM
/UOICIAI DIIIIICI
DISTRICT JUSTICE JUDGMENT
COMMON 'LIAS No.
96-2571 Civil Term
NOTICE OF APPEAL
Notk. i. given ,hot the oweIkant hot Mrd in the above COlM' of Common P~m on appeal from the judgment rendered by the [),trKt Justke on the
dale end In tho co.. mentioned below,
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ThI. Noliee 0' Appeal, whfm received by the Di~hKt Ju~ti(e, will opl'fute m Q
SUPERSEDEAS 10 lho judgmonl fa pon.uion in Ihi. <0'"
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/I appel/ant was CLAIMANT 1500 Pa. n.G.P.J.P. No.
100 I (6) In action boloro District Justice, he MUST
FILE A COMPLAINT WIIIlin twenly (20) days aller
filing hIS NOTICE 01 APPEAL
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This sectIOn oJ/ann to be used ONLY wht.'f1 .lppel/omt was OCFENOANT foro Pil nc.pJp No lOOll7} In action be/ore D,stl,et Justice.
IF NOT USED, detach from elpY 0/ notice 01 ollJO"llo be bOM,d U/)(l(l .'l/l",l/cc}.
PRAECIPEI To Prolhonalory
Ent.. rule upon
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(CommonP1eo.Nn 96-2571 Civil Term
1 wilhin twenly (20) day. ollor .orvie. 01 rule or .ullor OIllry 01 JudgmOllI 01 non ptoL
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...vic. 01 thI. rule upon you by porlOllOllorvic. a by corlifi"d a regi.lorod moil
Date:
(3) The dot. 01 .orvle. of lhi. rule If .orvie. woo by moil i. lhe dol. 01 moiling. '. ~ ..
May 9, ,1996 ~_''''''
121" you do nal file 0 compleinl wilhin lhillime. 0 JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU.
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INIVldWOO ,1'11:1 01 31nlJ ONV W3ddV :10 3::l110N :JO J::lI^IBS ;JO :lOOUd
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"COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLIIND
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09-3-04
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GLENN R. FIIIlNER
"'..,,,. 5002 LENKER STREET
MECHIINICSBURG. I'll
,_ (17) 761-0230 17055-0000
WALTER CRONE/COTTMIIN 'l'IlIlNSMISS ION
3600 CARLISLE PIKE
CIIMP HILL. PA 17011
NOTICE OF JUDGMENT/TRANSCRIPT
1~!^It~llr' IjAUI ,,~'I^l~""'.'l
'ZISK. DIIIIRIN R
525 BIIRRY c'r,
MECIIANICSBURG. I'll 17055
L
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VS.
IJtI rNll^~I'
!WIILTER CRONE/COTTMA'N'" T;RIINSMI SS ION "1
3600 CIIRLISLE PIKE
CIIMP HILL, I'll 17011
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DOGk;"N~~'V-0000002-9J' '*
Dnle Fill!d: 3111/96 I
____ l~_)': .--, ~ f' '
THIS IS TO NOTIFY YOU THAT:
Judomenl:
00 Judgmont was ontorod lor: (Namo)
[!] Judgment was ontorod ogolnst: (Nomo)
In the amount 01 $ 390.00
o Judgment was entered ngalnst--
LandlordfTonant action In tho omounl of $ on
The amount of ront per month, as ostablished by the District Justice, Is $
o Damages will be assossed on: (DOlo & Tlma)
FOR PLAINTIFF
ZISK. DIIRRIN R
WALTER CRONE/COTTMAN TRIINSMISSION
on: (Date 01 Judgmont) 4/12/96
o This case dismissed wilhout preJudice,
o Possession granted,
O Possession granted II monoy lud[lmenlls nol
satisfied by time of eviction.
o Possession not granled.
o Levy Is stayed for _ days or 0 gonerally stayed.
o Objection 10 tovy has boon filed and hearing will bo held:
0010;- ,.___'"-_'J[_'_Ploce:
TImo. ~]
Ina
(Dalo of Judgmont)
Rontln arroars $
Damages Unjust Dotontlon $
Damagos 10 Proportyl
Residential Leaso : $
Loss Amt Duo Defondant - $
Amount of Judgment = $
Judgment Cosls $
Intorosl on Judgmenl $
Attornoy Foos $
342.00
48.00
.00
.00
390.00
TOTAL
$
ANY PARTY HAS THE RIGHT TO API'EAL A JUDGMENT INVOL VlNG A f1ESIDENTlAL LEASE AND AFFECTING THE
DELIVERY OF POSSESSION OF IlEAL 1'1I0l'HlTY WIII/lN 10 DAYS or 'HE DATE Of' JUDGMENT UYFILlNG A
NOTICE OF APPEAL WITII1HE f'f10IliONOlAflY/CL[fIK or TilE COUIIT or COMMON I'LEAS, CIVIL DIVISION
ANY PARTY AGGRtEVED BY A JUDGMENT FOR MONEY OR A JUDGMENT tNVOLVING A NONRESIDENTIAL LEASE
MAY APPEAL WITHIN 30 DAYS OF ENTRY OF THE JUDGMENT BY FILING A NOTIC~,O!.,APPEJ.l,L WITH THE
PROTHONOTARY/CLERK OF THE C.OU~T OF COMMON P)-EAS"CIYJctlIVISION...Jf!'~' .~ I: ',.> ,
<' (I) J L -t'f{' 1''"1 0"
~ Onto /-"'X~,,,l-vp~-\. ~~ u:!..If./-~_. -,' DlRtrict J"llslico
I cortlfy lh~t_ this Is nllllO alld Gurr1=t ropy ,Oltlm IUGOI.1101 lI!U P?l!(!lt,1I19~ (~llntalnill!l.llto IUdgIl10n~,.
~.:.\-'J..:..JL.. 0010 ,.,__/~.:jLi-l,Ltj-,,--~..a(f!Jc \..._ _ '-.., Dmtrlel JUSIICI1
My comll1lsslolll!XpllllS 11151 MOllday uf ,lallllillY, "'''11, SE^L
AOPC:11!",CJti
vs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: 96-2571 CIVIL
Plalnlill
Darrin R. Zisk
Delendant
Walter Crone I Cortman Transmission
NOTICE TO PLEAD
TO THE DEFENDANT NAMED HEREIN:
You have been sued in courl. II you wish 10 delend against the claims set forth in the
following pages, you must take action within twenty (20) days alter this Complaint is served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned thaI if you lailto do so ,
the case may proceed withoutlurlher notice for any money claimed in the Amended Complaint, or
for any other claim or relief requested by the Plaintilf. You may lose money or property or olher
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
ONE COURTHOUSE SQUARE
CARLISLE, PA. 17013-3387
(717) 240-6200
NOTICIA
Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas
expuetas en las paginas siquientes, usted tiene viente (20) dias de plaza al partir de la lecha de la
excrita 0 en persona 0 por abogado y archivar en la corle en lorma excrita sus defensas 0 sus
objectiones alas demande, la corte tomara medidas y puede entrar una orden contra usted sin
previa aviso 0 notificacion y par cualquier queja 0 alivio que es pedido en la peticion de demanda.
Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted,
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADOO 51 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION 5E
PUEDECON5EGUIR ASISTENCIA LEGAL, TRUE COPY FROM REG AD
In Testlmon lIOf. I horo 'my IlIIl.:1
..00 the seal 01 53 at Carlislll, Pa.
1 his J'," 19.:0::-_
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ProthonotarY .
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYVANIA
CIVIL ACTION - LAW
NO: 96-2671 CIVIL
Plaintill
Da,,;n R. Z;sk
Defendant
Waller Crone / Cottman Transmission
COMPLAINT
AND NOW comes the above-named Plainlill. who makes the following complaint in this
mailer:
1. The Plainlill is Darrln R. Zisk. being an adult individual whose legal residence is 626
Barry CT.. Mechanicsburg. Cumberland County. Pennsylvania.
2. The Defendant herein is Walter Crone / Cottman Transmission. being an adult
individual who owns and operates a business at 3600 Carlisle Pike. Camp Hill, Cumberland
County. Pennsylvania ( see exhibit A ).
3, On Tuesday January 23. 1996. I. The Plainlill. took my car (79 Oldsmobile
Toranado) to ,The Defendents shop, Collman Transmission for its annual service maintenance
(189,600 miles on it )( see exhibit A ). The transmission with a life-lime warranly was rebuilt by
Coltmans on January 11. 1996 (174,000 miles on II )( see exhibit B ), This was the second lime
Coltmans rebuilt my transmission, Coltmans rebuilt my transmission with a limited warranty on
June 23, 1993 (160,628 miles on It l.( 12 months /12.000 miles warranty )( see exhibit C ).
4. On picking my car up on Friday, January 26. 96, I was informed by Coltmans manager
Joe Crone (owner Walter Crone's son) of problems with the car ( makes noise. oil leaks. coolant
leaks. wrong size torque bolts (to long) )( see exhibit A ). He also stated thai his dad ( Walter
Crone) has already looked at it and said that its condition would void Ihe warranty on the
transmission. When I asked Joe if the bolls could at all be loose, he said that they weren't. He
then said that they might be and that looking at them might be a good idea, but the problem he
said was the torque bolts were just the wrong size bolts (too long),
6. Recently I had just installed a new motor In the car (laler hall of December 96)( see
exhibit D). I had driven the car with new motor in it between 260-300 miles and other then the
Iillers in the motor. that I had laken back and had lixed prior to dropping the car 011. I didn't hear
or notice anything wrong with the transmission prior to dropping my car all at Collmans.
6. That weekend I didn't drive the cor. I checked it over, and I nollce that the
transmission lIuld hadn't been changed. il was still dirty. and when I started to drive Ihe car again
it was making noises tllallt wasn't making prior to me dropping it off at Cottmans.
7. On Monday February 12,1996, Arl, a friend of tile Planllffs, wllo has worked on my
car In Ihe passed and who helped me pullhe new molar In my car, looked al it. Torque bolts
were Ilghl, transmission fluid dirty (gray), lransmisslon pan didn't look like that it was removed (
see exhibil A ). Also wilen I picked up the car on January 23, Cottmans manager Joe Crone said
Ihat to get Ihe torque bolts a cover musl be removed, there is no cover involved in getting 10 the
torque bolts.
B. On Tuesday February 13, 96, I took tile car back to Cottmans. I talked to manager
Joe Crone ( owner Walter Crone's son ), I laid Ilim tllat tile Iransmission fluid wasn't cllanged (it
was sUII dlrly), that the lorque bolts in il were tighl, tllat Ihey were Ihe same ones Ihat we had
laken out of the old engine, and of tile noises that it was making. I asked him to come out and to
let me show him, he wouldn't. He said thai he would make an appoinlment to bring the car in and
he'll show me wllat's wrong witll it. Again Ile said that tile bolts were Ihe wrong size (100 long).
These bolts Ihat Cottmans say are too long, are the same bolt that we had taken oul when we
replace Ihe motor and we had put the same bolts back in, The only way thai these bolts could be
in Ihere to begin wilh was when Coltmans had rebuilt my transmission. The next day I called and
made an appointment for Tuesday February 20, 1996,
9. On Tuesday February 20, 1996, I took the car down to Cottmans, I had my freind Art
with me. Cottmans still insisted that the bolts were the wrong ones ( too long ). Owner Walter
Crone, Manager Joe Crone, and mecllanic Dale were Ihere, mechanic John was test driving the
car. Started to go over Ihe car with them. I asked them about Ihe noises thai they claim the car
was making, where was it coming from?, 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, sUII couldn't
answer. Then Walt answered, Ile said that it was a distinctive noise, a distinctive noise that they
couldn't describe to me, tall me where it was coming from, or tell me anything about It. Put the
car up on the lift, mechanic Dale went over it. When Dale did go over it he seemed more
interested in looking over the rest of the car then he was the transmission (tall pipe, exhaust
syslem, wheels ), He later brought up these and other things wrong with my car, Including his
statement thai my car with a new motor was down over a quarl of oil, which it wasn't. When the
car came down off the lift I pulled tile oil slick to show that oil was full. This got Walt's attention,
he hastily took tile dip,slick from me and Ilad to check itllimself. It was still full, and also I doubt
that I would of gotten 190,000 miles out of my car if I didn't properly service and maintain it, or
that I would of let the oil in a new motor run down over a quart. Wilen the car was up on the lift
Cottmans started to change their story, no longer were tlley saying that these bolts were the
wrong size ( 100 long ), now tlley were claiming that Ille torque bolts were loose, causing the
f1ywlleel to move around and damaging the transmission, First Cottmans said that they didn't do
.-*,.
any thing to the bolls. Me and Arl asked illhay could take them oul so we could look althem.
Dale when he starlad to lake them out said thai he did remember laking one ollhe bolls oul and
pulling il back in wilh a washer, We got to the nexl boll, Dale Ihen said Ihal he did remember
taking anolher boll oul and again pul il back in wilh a washer. Golla Ihe Ihird and lasl boll, Dale
said that he didn'l take il oul or put a washer in il. Asked Dale why he didn'l put a washer in Ihe
Ihird boll like he did the other Iwo, Wall made Ihe stalemenl "we (Call mans) don't put washers
in". Ma and Arllooked at the bolls, no damaged 10 the bolls. there Ihreads, or 10 the holes in the
f1ywheellhat Ihey go in, which would most likely happen if Ihe bolls were loose and the flywheel
was moving around while spinning al a high R.P,M.. Why did Collman take two ollhe bolls oul
and nollhe Ihird, or take thase bolls that they claim were bad out and then put them back in?
When I asked Dale aboullhe condition of Ihe transmission fluid when it was in on January 23 to
get serviced, he first said it was a cherry red color (clean), when we questioned him he Ihen
stated that it was a varnish like color (dirty). \I you look al the slalement Irom the service
maintenance receipt Irom January 23, 96, you'll nolice that the part lor the condition 01 the
transmission fluid and the Iransmission pan were never filled out ( see exhibit A ). Was my
transmission ever looked at? Art also had a conversation with Dale on damaged to the
Transmission and as to weal her metal shavings would show up in the fluid right away if it was
damaged. Dale agree thai it would show up right away, but when Wall was around Dale denied
making Ihe statement.
10. Waller Crone then said that he wanted to take apart and look at the Iransmisslon
himself. He said that he couldn't look at It that day, but that he would be able Ihe next day
(Wednesday, February 21,1996) and Ihat he would let me know In a day or Iwo as to weather If
he'll honor the warranty or not. Belore I left Collmans, I asked Waller crone aboul providing me
with a car, his response was thai he doesn't furnished cars. Later that day I went to Enterprise
Rent-A-Car and rented their cheapesl car. Waller Crone never gal back to me, It took 8 days 01
constant calling to get response on my car and another 6 days (14 days Iota I) until I got my car
back,
11. Wednesday, February 21, 96, I did nol hear anything from Waller Crone or Collman
Transmission.
12. Thursday, February 22, 96, Again I didn't hear anylhlng from Waller Crone or
Collman Transmission. I called down at 2:00 P,M.. Talked to John (mechanic), I asked lor Wall,
John said that he wasn't in and hasn't seen him, nor did he have a number where I could gel a
hold 01 him. John said Ihatlhe transmission was aparl and thai his was waiting for Wall to come
in to look al it, John said that he should be in laler thai day or early Ihe nexl day ( Friday,
February 23). I left my name, number. and a message lor Wall 10 call me, I have an answerlno
machine at hnme, got no ro3ponse.
13. Friday, February 23, 96 Called down at 1:30 P.M.. lalked to John again, same thing.
Talked to Wall's son Joe Crone, Collmans manager, he said that he didn't know where his farlher
was nor did he have a number where I could get a hold of him, Joe said he would try to get a hold
01 Walt some way and that either him or Walt would get back to me by 2:30 P.M. that day. Again
Ilell my name and number, got no response,
14. Monday, February 26, 96, Called down at 3:00 P.M., talked to John, no Walt, same
response. Talked to Joe, Joe said that Walt was not around, but that he will be in lomorrow (
Tuesday, February 27) morning to look at it and that either Wall or himsell would call me
sometime tomorrow morning lor sure. Lell number, no response.
15. Tuesday, February 27, 96, Got no call, went down to Cotlmans at 3:30 P.M., Joe
asked me What did I wanl. Told him that I wanted 10 know what's up with my car. He picked up
the phone and said that I could talk to Walt mysell. He never gave me the phone or let me talk to
Wall, but did said Ihat Walt would honor the IIletime warranty, Both Joe and mechanic John wefe
there and both said that my car would be ready on Thursday, February 29. When I asked why
Walt didn't talked to me and what's he going to do about the rental car. Manager Joe Crone told
me to get out of the shop and not to come back until my car is ready and until I get a phone call
from them.
16. Wednesday, February 2B, 96, Got no call, no response.
17. Thursday, February 29, 96. Got no call from 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 that 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, both him and Mechanic John said that my car would be ready on
Thursday, February 29. His response was "I never said that, I said Friday", Well, here It is Friday
and my car still Is not ready, Joe told me thaI the transmission was hallway rebuill and that it
wouldn't be ready until late on Monday, March 4.
19. Monday, March 4, 96 Got no call, went down 10 Cotlmans at 4:30 P.M.. Manager Joe
Crone wasn't in, owner Walter Crone wasn't in either, talked to mechanic John. John said that my
car would be ready In an hour, and that he would call me when It was ready, I asked John why
wasn'l my car ready on Thursday, February 29 of last week like I was lold It would be. John said
that he was going 10 get to It, but said Ihat manager Joe Crone told him not to work on II. Said
Ihat manager Joe Crone had pushed me back on the schedule, John also said that illt wasn't for
him knowing about my car it wouldn't have been ready on Monday either. John said that manager
Joe Crone was 011 sick that day and that he didn't have my car schedule 10 be worked on, I also
asked John if owner Walter Crone was ever in 10 look at my Transmission, like Walt said he
wanted to. John said thai as far ao hll kn~w Walter Crone wao novor in lu look al my car at all. At
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: 96,2571 CIVIL
Plaintiff
Darrin R. Zisk
Delendanl
Waller Crone I Cot/man Transmission
CERTIFICA TE OF SERVICE
AND NOW, this Wednesday, 291h day of May, 1996, I, Darrin R. Zisk , hereby certify Ihal a
copy ollhe loregoing Plaintiff's Complainl was sent by First-Class U.S. Mail, Certified Mail,
postage prepaid, on the following:
Waller Crone I Collman Transmission
3600 Carfisle Pike
Camp Hill, Pa. 17011
r~'
,/ ,/
/
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Date:
DARRIN R. ZISK-"
525 Barry CT.
Mechanicsburg, Pa.
t 717 ) 761-7136
17055
. ~
DARKIN R. IISK,
Plaintiff
I
I
I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO 96-2571
v.
.
.
HALTER 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 bolts were 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 as to the truth of the averments regarding Plaintiff's
repairs. Admitted that Plaintiff made an appointment the next day
for service on Tuesday 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 person with him on that date. Admitted that
the Defendant told Plaintiff the bolts were not correct for the
car. Admitted that a conversation 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 answer, 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 discussing his transmission. Admi tted that a
conversation took place regarding the amount of oil in the
crankcase. Denied that Cottman Transmission or its employees had
changed their diagnosis as to the condition of the torque bolts.
By way of further answer, Cottman Transmission upon initial
inspection believed the bolts to be loose, subsequent inspection
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 that
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 his car on March 4, 1996. Four business days
is a reasonable length of time to overhaul a t=ansmission 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 damage 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.
18. 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 woulrl 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
converter, and replace sealed components which may have been
contaminated by metal shavings, which was not evident when
Defendant made the decision to cover the transmission under
warranty repair. All of this was done at no charge to the
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 echeduled prior to Defendant
determining 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 informatiou
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.
B
" "
NEW MATTER
22. Plaintiff brought his car to W. Cone and Sons, Inc.,
d/b/a Cottman Transmission (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
Exhibit 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, 1996, 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.
26. 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
. ,
j
" '
VERIFICATION
I, Walter Crone, verify that the responses in the foregoing
Answer and New Matter are true and correct.
I understand that
false statements herein are made subject to the penalties of 16 Pa.
C.S. 54904 relating to unsworn falsification of authorities.
DATED:
/
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Walter cr~ne,
Defendant
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vs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO: 96-2571 CIVIL
Plalntill
Daffin R. Zisk
Defendant
Waller Crone I Collman Transmission
PLAINTIFF'S ANSWER TO DEFENDANT'S
NEW MAHER
AND NOW, comes the Plaintiff. Darrin R. Zisk. and offers the following averment in
response to Defendants New Matter as follows:
NEW MAHER
22, No response required as paragraph constitutes a legal conclusion. However. insofar
as a response may be required it is denied that the plaintiff brought his car to Cottman
Transmission for its annual lifetime service as provided by his Cottman Transmission Warranly on
January 26. 1996, As stated in paragraph '3' of the Plaintiffs Complaint and was admllted to by
the Defendant in his Answer New Matler. the Plaintiff brought his car to Cottman Transmission for
its annual service maintenance on Tuesday January 23, 1996.
23, No response required as paragraph constitutes a legal conclusion. However. insofar
as a response may be required it is denied that Cottman Transmissions had completed services as
provided by the lifetime warranty agreement. If so then as slated in paragraph '6' 01 the Plaintiffs
Complaint. the transmission fluid would have been clean and not dirty. and as to when Collmans
completed service, The Plaintiff is wllhout sufficient knowledge as to when Cottmans completed
their so-called service to the Plaintiffs Transmission. I, The Plaintiff. didn't get a call from
Cottmans lelling me that my car was ready. and when I did call down on Thursday January 26.
1996 I was only told that my car was ready to be picked up and I picked it up the next day on
Friday January 26. 1996.
24. No response required as paragraph constitutes a legal conclusion. However, insofar
as a response may be required it is denied that the service invoice Dated: 1/25/96 Indicated thaI
the bolls holding the torque converter 10 Ihe engine were loose. No whore 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 10 long. Alllhat'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 came from Collman Transmissions manager Joe Crone, owner Waller Crones
son, who informed Ihe Plaintilf that the torque converter bolls were to long, that they stick out to
lar to the point where they could cause damage to the torque converter, that along with him saying
that the engine leaks oil tlnd coolant lIuid would void the lifetime warranty on the Iransmission.
Only when I asked him illhe bolls could at all be loose, as slated in paragraph "4" ollhe Plalntltfs
Complaint, he did indicate thai they mighl be loose and thai looking at Ihem might be a good idea,
but that the problem with the bolls were that they were Ihe 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 with
this is that they were who I had brought the engine from and when one 01 the lifters in it went bad
took it back to them to have it fixed. They have nolhing else to do with it or with installing the
engine in the car,
25. No response required as paragraph constitutes a legal conclusion, However insofar
as a response may be required it is denied that Collman Transmissions informed Ihe Plaintltf on
January 25,1996 that shoddy repair work in installing the other engine In December 011995 may
have voided the lifetime transmission warranty. The Plalntitf, as staled in paragraph "4" 01 the
Plalntltfs 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, oil leaks,
coolant leaks, wrong size torque bolls (100 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 insolar
as a response may be required, Defendant stated on Tuesday February 20, 1996 that he wanted to
take apart and look at the transmission himself, he said that he couldn't look at itlhat 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 If
he'lf honor the warranty or not.
27, No response required as paragraph constitutes a legal conclusion. However insolar
as a response may be required, on February 20, 1996 Defendant informed Plalntlll after Plaintilf
inquired to the Defendant aboul providing him with a vehicle while his car In the defendants shop
to be looked at and possibly repaired. A situation broughl on because 01 the defendants shops
failure to properly service and malnlain the plaintills transmission when II was in on January 23-26,
1996. Delendanl informed Plalnlill thai neither him or Collman Transmissions are obligated or
responsible In providing transportation and that ho cloo:m'lllIrnish cars. The Plalntill had and
provided himself with transporlation when he dropped his car 011 to be serviced and maintained on
. '
January 23, 1996, transportation that wasn't available to him when he had to drop his car off at
Cottmans again on February 20. 1996, Dropping the car off again on February 20, 1996 was
brought on because of Cottman Transmissions failure to properly service and maintain the
plaintiffs transmission when it was in on January 23,26, 1996, If Cottman Transmission properly
took care of the Plaintiffs car on January 23-26, 1996 and not drag their feet in honoring the
lifetime warranty from February 20 - March 4, 1996, the Plaintiffs need to rent a car for 14 days
would not have existed. The back of the Defendants own receipt states that 'This warranty gives
you specific legal rights and you may have other rights which vary from state to state'
(see oxhibit 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, 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 Plaintiff on Tuesday February 20, 1996, and not February 21,
out of his need for transportation brought on by Cottman Transmissions failure to properly service
and to maintain the Plalntifls transmission when It was in the Cefendants shop on January 23-26,
1996, and from his own experience with the Defendants shop of not delivering even close to their
estimated finished time, The Plaintiff 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 Plaintiff does own a second vehicle, a
1980 GMC pickup truck, but as Plaintiff has informed the Defendant that as of February 1, 1996 it
would be illegal for the Plaintill to 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 It Is acknowledge that the Defendant did agree to honor the fifetlme
warranty and rebuild the transmission. This was on February 27, eight (8) days alter The Plain till
had dropped off 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 lifetime warranty. However it is denied that the Defendant did
this In an attempt to salisty The Plaintiff. The Plaintill had a lifetime warranty on the transmission
that the Defendant had to honor. Second, the failure of 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 attempting to satisfy The Plaintill, then why did the Defendant return
The Plaintiffs car to him In its condition that It was in on January 26, 1996, tried to back out of the
warranty, and then drag their feet in servicing and honoring the warranty. Finally, in attempting to
satisfy The Plaintiff, why didn't the Defendant provide The Plaintill with a car to satisfy his
transportation needs brought on by the Defendants shops fRilure to properly service and maintain
the transmission when it was in on January 23,26, 1996,
31, No response required as paragraph constitutes a legal conclusion. However, insofar
as a response may be required, The Plaintiff 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, The Plaintiff is without sullicient knowledge or information as to
when The Plaintills transmission was completely disassembled and rebuilt. However as was
stated in paragraph "12" 01 The Plaintills Complaint and was agreed to by the Defendant in his
Answer New Matler the Plaintills transmission was already taken apart on Thursday, February 22,
1996.
33. No response required as paragraph constitutes a legal conclusion. However, insofar
as a response may be required, The Plaintiff is without sulliclent 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 Plaintllls Complaint and was agreed to by the
Defendant in his Answer New Matler The Plaintills transmission was already taken apart on
Thursday, February 22,1996, that would be at least twelve (12) days that Collman Transmissions
had to take apart and to rebuild the transmission. Three (3) times what the Defendant states is a
reasonable time frame.
34. Admilled
35. No response required as paragraph constitutes a legal conclusion. However, insofar
as a response may be required it is denied that The Plaintilf did not express any need for the car
or another source of transportation while his car was at Collman Transmission. The Plaintiff
informed the Defendant of 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 of the Defendants own receipt states that "This warranty
gives you specific rights and you may have other righls which vary from state to state"
( soo exhibit F ). The Plaintiff on February 26, 1996 also asked and told his allorney of the
situation. His allorney told him of his rights and what to do. The need for repairs to The Plaintills
transmission was because of Collman Transmissions failure to properly service and maintain The
Plalntills transmission on January 23.26, 1996, The Plaintills transmission was returned 10 him on
Friday, January 26, 1996 in not the same condition as when he brought his car in on Tuesday,
January 23, 1996, The Defendants shop instead of fixing and returning the car in proper condition
tried to negate the lifetime warranty causing the plaintlll to have 10 return the car again on
February 20, 1996 with the Defendants shop dragging their feet in honoring the lifetime warranty
and in servicing the transmission, causing The Plalntilf to have to rent a car for 14 days, a
situation that wouldn't have occurred ilthe defendants shop had properly serviced and maintained
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