HomeMy WebLinkAbout00-03445
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ELIZABETH J. LAWRENCE
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs.
No. 00-3445
LAWRENCE CHEVROLET
OLDSMOBILE, INC.
Civil Action at Law
Defendant.
NOTICE TO PLEAD
TO THE WITHIN NAMED PLAINTIFF:
You are hereby notified to file a written response to the enclosed answer with new matter
of defendant Lawrence Chevrolet Oldsmobile, Inc. within twenty (20) days from service hereof
or a judgment may be entered against you.
KEEFER WOOD ALLEN & RAHAL, LLP
BY~~
Do. d ewis III
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ELIZABETH J. LAWRENCE
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff,
vs.
No. 00-3445
LAWRENCE CHEVROLET
OLDSMOBILE, INC.
Civil Action at Law
Defendant.
ANSWER TO COMPLAINT WITH NEW MATTER
Defendant Lawrence Chevrolet Olsmobile, Inc. ("Lawrence"), through its counsel, Keefer
Wood Allen & Rahal, LLP, submits the within answer with new matter in response to plaintiffs
complaint, averring as follows:
I. Admitted in part and denied in part. It is admitted that plaintiff is Elizabeth J.
Lawrence. After reasonable investigation, defendant lacks sufficient knowledge or information
to form a belief as to the truth of the remaining averments of this paragraph, which are, therefore,
denied.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part. It is admitted only that at the time she
purchased the subject 1992 Geo Metro from defendant in April 1996, the vehicle was subject to a
limited 30-day, lOOO-mile warranty, a partial copy of which is attached to the complaint as
exhibit "3." The remaining averments of this paragraph are denied because the document speaks
for itself and requires no further characterization. Furthermore, plaintiff s exhibit "3" is
incomplete and plaintiffs complaint thereby fails to state all the material terms of the warranty.
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By way of further reply, the 3D-day limited warranty expired long before plaintiff brought her
vehicle to defendant to be serviced for the first time, in March 1998.
5. Denied. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this paragraph, which are,
therefore, denied. By way of further reply, defendant performed no service on plaintiff s vehicle
and no problems were brought to defendant's attention between the time of plaintiffs purchase
of the vehicle in April 1996 and the date of defendant's first service in March 1998.
6. Admitted in part and denied in part. It is admitted that plaintiff took the subject
vehicle to defendant's service department on various occasions, beginning in March 1998.
Defendant is unable to respond to the remaining averments of this paragraph because the date of
service and the nature of the alleged "problem" are not specified in the complaint. By way of
further answer, defendant denies that any "problem" was brought to defendant's attention prior to
March 1998.
7. Admitted in part and denied in part. It is admitted that plaintiff took the subject
vehicle to defendant's service department on various occasions, beginning in March 1998.
Defendant is unable to respond to the remaining averments ofthis paragraph because the date of
service and the nature of the alleged "problem" are not specified in the complaint. Defendant
denies stating that any work would be covered by warranty.
8. Denied. Defendant denies performing any "improper" repairs upon plaintiffs
vehicle, and further denies that the vehicle required a new engine as a result of such alleged
"improper" repairs.
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9. Denied. Defendant generally denies that its work was defective, and specifically
denies the remaining averments of this paragraph, as follows:
A. Denied. Defendant denies installing any rod bearings incorrectly, and, therefore,
denies causing the effects alleged in this paragraph. Defendant further denies that
parts were missing from prior service due to any act or omission on defendant's
part. By way of further answer, defendant avers that in February 1999, it
disassembled a portion ofthe engine to diagnose a problem identified by plaintiff
at that time, after her warranty had expired. At the specific request of plaintiff
and/or her counsel, repairs were not performed by defendant at that time, but
instead the vehicle was removed by plaintiff from defendant's facility with the
engine still in a disassembled condition.
B. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this subparagraph,
which are, therefore, denied. Defendant further denies that the effects alleged in
this paragraph, if they occurred, were caused by any act or omission on
defendant's part.
C. After reasonable investigation, defendant lacks sufficient knowledge or
information to form a belief as to the truth of the averments of this subparagraph,
which are, therefore, denied. Defendant further denies that a rebuilt engine was
required to be installed, and/or that the effects alleged in this paragraph were
caused, as a result of any act or omission on defendant's part.
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D. Admitted in part and denied in part. It is admitted that on March 9, 1998, when
the vehicle was fIrst brought to defendant for service, defendant re-installed the
cylinder head after replacing three valves, and replaced all needed gaskets and
seals, as is more fully set forth on the invoice dated March 10, 1998, which is part
ofplaintiffs exhibit "4" and which is incorporated here by reference. It is denied
that the work performed on March 9, 1998 was covered under warranty. It is
further denied that the work performed by defendant on December 16, 1998, as
described in the invoice dated December 31,1998, was covered under warranty,
because plaintiffs warranty had expired.
10. Denied. The averments of this paragraph constitute legal conclusions to which no
response is required. To the extent a response is deemed necessary by the Court, the averments
are denied.
11. Denied. Defendant denies that it breached any duty or warranty obligation owed
to plaintiff, and further denies that plaintiff sustained any damages thereby. As to the nature and
amount of expenses allegedly incurred by plaintiff, after reasonable investigation, defendant
lacks suffIcient knowledge or information to form a belief as to the truth of those averments,
which are, therefore, denied. With respect to plaintiff s exhibit 4, defendants' invoices dated
March 10, 1998; December 11,1998; and December 31,1998 speak for themselves and require
no further characterization. After reasonable investigation, defendant lacks suffIcient knowledge
or information to form a belief as to the truth of plaintiff s averments regarding the remaining
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portions of exhibit 4 (i. e., alleged invoices other than defendant's own invoices) and, therefore,
denies those averments.
12. Admitted in part and denied in part. It is admitted that plaintiff has made the
demand set forth in her complaint. Defendant denies it is liable to plaintiff for the amount in
question or any other amount.
WHEREFORE, defendant Lawrence Chevrolet, Inc. respectfully requests that this
Honorable Court dismiss plaintiffs complaint with prejudice and enter judgment in its favor,
together with costs and such other and further relief as the Court deems fair and just.
NEW MATTER
13. Defendant incorporates by reference the foregoing paragraphs 1 through 12 of
this answer with new matter as if fully set forth at this place.
14. Plaintiffs complaint fails to state any cause of action against defendant.
15. To the extent plaintiffs complaint purports to state a claim of negligence on the
part of Lawrence, any such cause of action is barred by the economic loss doctrine.
16. The applicable warranties were limited warranties, and limited plaintiff s
remedies as set forth in the written warranties, which are incorporated here by reference.
17. Defendant is not liable for defects, failures, or other conditions arising in the
subject vehicle after the expiration of the applicable limited warranty.
18. Subsequent to her purchase of the subject vehicle in April 1996, plaintiff did not
bring the vehicle to defendant for service or report any problems to defendant prior to March,
1998, when the vehicle was first serviced by defendant.
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19. The service performed by defendant on March 9, 1998 was not covered under
warranty, because the applicable Vehicle Service Agreement excluded coverage for valve
grinding and burnt valves.
20. The service performed by defendant on March 9, 1998 was performed properly.
21. Plaintiff accepted and paid for the work performed by defendant on March 9,
1998, as being excluded from warranty coverage, and is thereby barred from recovering such
sums in this action.
22. Plaintiff brought her vehicle to defendant for service for only the second time on
December 11, 1998, at which time the timing belt was replaced along with other repairs.
23. The timing belt was in satisfactory condition and was working properly at the
time defendant completed its previous service on March 9, 1998.
24. The service performed by defendant on December 11, 1998 was performed
properly.
25. Pursuant to the terms of the applicable limited warranties, plaintiff is barred from
recovery of damages for loss of use, inconvenience, rental car expense, and any other incidental
and consequential damages alleged in the complaint.
26. Plaintiff s claim is barred by acceptance of repairs and replacement parts for the
vehicle.
27. In an effort to accommodate plaintiff and as a gesture of goodwill, without any
admission ofliability, and notwithstanding the expiration ofthe Vehicle Service Agreement,
defendant performed service and replaced parts on December 16, 1998 at no cost to plaintiff.
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28. The service performed by defendant on December 16,1998 was performed
properly.
29. Plaintiff s claim is barred by the doctrine of accord and satisfaction.
30. Plaintiff, because of her own conduct, including acts and failures to act, is
estopped from recovery.
31. To the extent plaintiffs complaint purports to state a claim for breach of warranty,
such claim is barred by her failure to comply with the conditions of the applicable written limited
warranty.
32. The alleged problems in the subject vehicle, if any, were the result of abuse;
misuse; neglect; or improper or inadequate maintenance.
33. Plaintiff s claim is within the jurisdictional amount requiring referral to
compulsory arbitration.
34. Plaintifffailed to timely revoke acceptance of repairs to the subject vehicle.
35. Plaintifffailed to give notice in a timely manner of the alleged defective repairs
and/or workmanship that are the basis of her claim.
36. Lawrence did not breach any warranty, express or implied, made to plaintiff.
37. The damages complained of by the plaintiff resulted from the conduct of plaint iff
or third parties over which Lawrence had no control or right of control and which could not
reasonably be anticipated by Lawrence.
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38. The vehicle service agreement issued to plaintiff expired after twenty-four (24)
months or 24,000 miles (i.e., when plaintiffs vehicle registered 79,125 miles on the odometer),
whichever occurred first, and thus had expired prior to December, 1998, when plaintiff brought
her vehicle to be serviced by defendant for the second time.
39. Defendant correctly advised plaintiff in March 1998 that the vehicle service
agreement did not apply to the service performed at that time.
40. The vehicle service agreement excluded coverage for the following conditions,
among others as stated in the agreement:
a. Any part failure caused by or resulting from plaintiff s failure to service the
vehicle as recommended by the manufacturer.
b. Any part failure caused by or resulting from overheating, insufficient or improper
coolants or lubricants.
c. Gradual reduction in operating performance due to normal wear and tear such as,
but not limited to, any repair for the purpose of correcting the engine compression
or correcting oil consumption when a mechanical breakdown has not occurred.
d. Valve grinding, burnt valves, and/or worn rings.
41. All obligations on the part of defendant towards plaintiff were fully and duly
performed.
42. Plaintiff has failed to mitigate her damages, if any.
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WHEREFORE, defendant Lawrence Chevrolet Oldsmobile, Inc. respectfully requests
that this Honorable Court dismiss plaintiffs complaint with prejudice and enter judgment in its
favor, together with costs and such other and further relief as the Court deems fair and just.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
By:
fLu
E. insky, Jr.
Atto y Id. No. 23702
Donald M. Lewis III
J\ttorneyld.No.58510
210 Walnut Street
P.O. Box 11963
Harrisburg, pJ\ 17108-1963
(717) 255-8051 and -8038
Date: July /2......, 2000
Attorneys for defendant Lawrence Chevrolet
Olsmobile, Inc.
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The \Indmigned, Robert Blocblr, .
veritlea and IIlitel Ihat:
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I. He .il Sc:rvicc MII1IIpf of ~NIl" Chevrolet, Inc. and he is lIUthori* 10 verUy
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the foregoinSIlri.wer with new malter oil i......t;
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2.
The facti set forth ill the fi
anawer with new manor are u:u; llI1d IlOlTOCt 10
tho beat of hi. knowledge. information,
4.
He il aware Ihat illite
. "heroin are made Illbjeot to Ihe pena.lll.. for
perjury p""".lInt to 18 Pa.C.S. ~ 4904.
Dated: July ~. 2000
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VERIFICATION
The undersigned, Robert Blocher, hereby verifies and states that:
1. He is Service Manager of Lawrence Chevrolet, Inc. and he is authorized to verify
the foregoing answer with new matter on its behalf;
2. The facts set forth in the foregoing answer with new matter are true and correct to
the best of his knowledge, information, and belief; and
4. He is aware that false statements herein are made subject to the penalties for
peljury pursuant to 18 Pa.C.S. ~ 4904.
Dated: July -----> 2000
Robert Blocher
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CERTIFICATE OF SERVICE
I, Donald M. Lewis Ill, Esquire, one of the attorneys for defendant, hereby certifY
that I have served the foregoing paper upon plaintiff s counsel of record this date by depositing a
true and correct copy of the same in the United States mail, first-class postage prepaid, addressed
to plaintiff at the address alleged in the complaint, as follows:
John H. Broujos, Esquire
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, P A 17013
KEEFER WOOD ALLEN & RAHAL, LLP
BY~~
Don d ewis III
Dated: July ~, 2000
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ELIZABETH J. LAWRENCE
Plaintiff
: IN COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYL VANIA
VS.
: CIVIL DIVISION - LA~ . ~
: No. 00. .~4l.(.r Ct(,)l( l~
LAWRENCE CHEVROLET
OLDSMOBILE, INC.
Defendant
: IN ASSUMPSIT
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB 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, 4th Floor
Cumberland County Courthouse
Hanover and High Streets
Carlisle, Pennsylvania 17013
717/240-6200
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ELIZABETH J. LAWRENCE
Plaintiff
: IN COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
: CIVIL DIVISION - LAW
: No. IJ.I;. 3'fl1~ ~ I J.,r..-
LAWRENCE CHEVROLET
OLDSMOBILE, INC.
Defendant
: IN ASSUMPSIT
COMPLAINT
Elizabeth J. Lawrence through her attorney John H. Broujos, Broujos & Gilroy, P.C. sets
forth the following cause of action:
1. Plaintiff is Elizabeth 1. Lawrence, 141 Marbeth Avenue, Carlisle, P A 17013.
2. Defendant is Lawrence Chevrolet Oldsmobile, Inc., a corporation organized under the
laws of the Commonwealth of Pennsylvania, with principal office at 6445 Carlisle Pike,
Mechanicsburg, PA 17055.
3. On or about April 24, 1996, Plaintiff purchased a 1992 Geo Metro from Defendant at a
price of$5,985.00. A Vehicle Service Agreement was entered into at that time for a period of24
months or 24,000 miles. Purchase document and Vehicle Service Agreement copies are attached
hereto as Exhibit 1 and 2.
4. Defendant provided with the sale of the vehicle a limited warranty to pay 100% of labor
and parts that failed during warranty period, for engine, transmission, and drive axle, for parts
and units set forth in the warranty, a copy of which is attached hereto as Exhibit 3 and made a
part hereof.
5. Shortly thereafter, Plaintiff had difficulty with the car, with substantial noise and other
problerns in operation.
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.6. Plaintiff took the vehicle to Defendant's service department at 6445 Carlisle Pike for
determination of the problem.
7. Defendant through its employee diagnosed the problem and said that work would be
commenced on the vehicle at her direction and would be covered by warranty.
8. As a result of the improper repairs by Lawrence Chevrolet, the vehicle required a new
engine.
9. The work was defective in that:
A. A rod bearing was installed incorrectly, which caused one bearing joumal on the
crankshaft to fail. Rod bearing in 2nd cylinder inserted in wrong manner. Parts, including bolts,
were missing frorn prior service.
B. The bearing turned inside the connecting rod.
C. Two locking tabs were caused to be under pressure on the bearing which tightened up.
The bearing failed because of pressure lock of the lubricant, which caused scarring of the
crankshaft, which in turn caused the bearing failure.
A rebuilt engine was required under those circumstances.
D. The head and crankshaft and connecting rods, with new gaskets and head bolts, were
required. Along with that work, Defendant covered that work under warranty. See
12.31.98 invoice.
10. Plaintiff seeks recovery on the basis of defective work, for failure to perform work in a
good and workmanlike manner, and on the warranty of workmanship under the Vehicle Service
Agreement and invoice warranties.
11. Plaintiff claims damages as follows:
A. Repair of the vehicle by installation of a rebuilt engine. $2,943.79
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2.23.99 by Sloop Service Center, Inc.
B. Rental car costs, as required by Vehicle Service Agreement, which the company failed to
provide, for the amount of $45 per week for 2 weeks ($90) and for an additional period of
4-5 weeks ($225).
$ 315.00
C. The inconvenience of not having a car for an additional
period of 4-5 weeks.
$ 225.00
D. Reimbursement for the bills charged by Defendant and paid by
Ms. Lawrence. Although under warranty, she was charged $631.62. She
was charged $286.30 for the timing belt which should have been detected
and of which she should have been advised.
$ 917.92
E.
Monro. Repairs required by the defective workmanship of Defendant.
TOTAL
$ 134.45
$4,536.21
See Exhibit 4 consisting of invoices reflecting above work, made a part hereof.
12. Demand is made for that amount, plus interest and costs..
WHEREFORE, Plaintiff demands of Defendant the sum of $4,536.21 and other damages,
together with costs of suit.
June 6, 2000
JohD. H. Broujos, Attorney fo
N anover Street
Carlisle, P A 17013
717-243-4574; Fax 243-8227
PaBar 6268
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I verifY that the statements made in this pleading are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: 6 - /:,- Lo",o
TO DEFENDANT: You are hereby notified to file a written response to the enclosed pleading
within twenty (20) days from service hereof or a 'udgment ma~
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PA TITlE NUMBER {AS SHOWN ON ATTACHED TITLE}
49448811701
MAKE OF VEHICLE
cGEO c
vEHICLE IDENTIFICATION NUMBER
2C~m646XN6772588
CONDlTlON
LESS
:TAADE~I.N,.
.
o GOOD
FIRST NAME
INC.
o FAIR
o POOR
MIDDLE INITIAL
TAXABLE
~OUNT
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LAST NM1!= (OR FUll BUSINESS'NAME)
IAWRENCE CHEVroLET~GEO,
CC>-SEllER
.
LAST NAME (OR FUll BUSINESS NAME)
LAWRENCE
FIRST NAME MIDDLE INITIAL
ELI ZABE'I'H J
DATE ACQUlREDI
P'fj~~/96
~ ~PURCHASER
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STREET
175 E LOUI'HER S'l'
2. Title Fee
ClrY STATE
CARLISLE PA 17013
liP CODE
3. Lien
F..
D. LAST NAME (OR FULL BUSINESS NAME)
FIRST NAME
CO-PURCHASER
STREET
5, DupllcaleReg.
F..
No, of Cards
6, Transfer Fee
.N/A .
NA .
NfA .
.
N 'A
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9, 10
404,.Hl .
Send One
Check In 4~~.lu
This Amounl .
CITY
STATE
ZIP CODE
TELEPHONE NO
MAKE OF VEHIC~E
o POOR
VEHICLE IOENTlFICATlON NUMBER
7_lncreBseree
MODEL YEAR
CONDITION
o GOOD
a.Replacement
F..
o FAIR
ORIGINAL PLATE 0/ Check One
o PLATE TO BE ISSUED BY
BUREAU (PROOF OF IN.
SURANCE MUST BE AT.
TACHED)
EXCHANGE PLATE TO BE
ISSUED BY BUREAU
TEMPORARY PLATf:
ISSUED BY FULL AGENT
o TRANSFER OF PREVIOUSLY ISSUED PLATE
o TRANSFER & RENEWAL OF PLATE
o TRANSFER & REPLACEMENT OF PLATE
o TRANSFER OF PLATE & REPLACEMENT OF STiCKER
TOTAL PAID
(Add 1 th.fu8)
11,GRAND TOTAL
(Add 9 & 10)
REASON FOR REPLACEMENT
o LOST 0 DEFACED
DN~~:e~~fc.~~vEes~~O~1~E~C~h. block is checked a
VIN
o
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PLATE' N,o.
EXPIRES
Month. Year
TRANSFERRED FROM TITLE NO
o STOLEN
Ucanl must com lele form MV~44.
RELATIONSHIP TO APPLICANT
.J3q$..~),33
. t'''''"''__''''-~''~
. : :j:_~_\\:~~MP. PLATE NO.
VEHICLE PURCHASED ~GVWR
WEIGHT INFO,
IF APPLICABLE
INSU~~l!:"Pn\Fr"'E
SIGNATURE OF PERSON FROM
WHOM Pl.ATE IS BEING TRANS.
fE:RRE:O {If OTHE:R THI\N APPUCMIT\
SIGN HERE
REO. REG. GROSS WT.
INCLUDING LOAD
REO, REG, GROSS COMB
WT (IF APPLICABLE)
POLICY NO. (OR
ATTACH BINDER)
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ISSUING I CERTIFY THAT ON MONTH DAY YEAR -lISS~N.o... A,(lEl<. .r,U;I;UNT~), ~'Cr.J:.'T-G'E0, I": A.GEttT ~~,_ .c-'77l.i I I'
AGENT I HAVE ';HECKED TO DETERMINE THAT THE VEHICLE IS INSURED AND LA\ ~t.;NLl: LtjJ.~ V _ '-' I._....J.... v.l.ln
R ISSUEr. TEMPORARY REGISTRATION TO THE ABOVE APPLICANT, IN
INFO - COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE VEHICLE CODE ISSUl G AGErT SIl"NATURE/ '.'-\, I Ii-{J..
MATlON ANDDEPARTMENTREGULATiON8. ,- ....,':. \,{ I /::.'i\\r_--0_0"1J--'
I/WE CERTIFY THAT IIWE HAVE EXAMINED AND SIGNED THIS FORM AFTER ITS COMPLnlO ND THAT THE INFOR ATION GIVEN IS TRUE AND CORRECT IF AN EXEMPTION
IS Cl.AIMED, THE PURCHASER FUPTHER CERTIFIES THAT HE/SHE IS AUTHORIZED TO CLAIM THIS EXEMPTION.I/WE ACKNOWLEDGE THAT I/WE MAY LOSE MY/QUR OPERATING I
I PRIVILEG~(S) OR VEHICLE REGISTI1ATlON(S) FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY ON THE CURRENTLY REGISTERED VEHICLE FOR THE" PERIOD OF
I REGISTRATION. I/WE ACKNO'hL('DGE' THAT I/WE M, AY BE SUBJECT TO 1\ FINE NOT EXCEEDING $5.QOO AND IMPRISONMENT OF NOT MORE THAN TWO YEARS FOR ANY I
FALSE STATEMENT rllAf IlINE MAI<!: OW rHIS FORM ~
Sign<-'I\.m~ i;II,-'I~\ ~.~rcj,;~~, ~\A\JUlorjZed Si!ilf}er (.','
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ASk~~N' Signature 01 co-Purch~srr/Tllle of Authorized Signer
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IF A CO-PURCHASER OHlER THAN' YOUR SPOUSE IS lJSTED ABOVE, CHECK ONE 0'" T/-lESE BLOCKS. IF NO BLOCK IS t~jE 'KED: TITLE'Wit::C"S.E' 'fSSUED AS
MTENANTS IN COMMON'
o JOINT TENANTS WITH RIGHT OF SURVIVORSHtP- ON DEATH OF ONE OWNER, TITLE GOES ':0 SURVIVING OWNER,
o TENANTS IN COMMON - ON DEA':H OF ONE OWNER, INTEREST OF DECEASED OWNER GOES TO HIS OR HER HEIRS OR ESTATE.
NOTE: IF THE VEHICLE IS BEING LEASED, CHECK THIS BeOCK 0, IF BLOCK IS CHECKED, COMPLETE AND ATTACH FORM MV-ILc
II your (egistmtiQ(\ dQC;.ffi.I<lnts are not rer.eived I MESSENGER NUMBER:
within 60 (bys. please c.orlact P~nnDDT
I
I
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AGREEMENT SALES DATE
()DOMETEF< READING
(ON AGREe:MENT SALES DATE)
AGREEMENT PRICE
(EXCL. SALES TAX)
STATE SALES TAX
(WHERE APPUCABLEl
55125
895.00
53.70
D TURBO/SUPERCHARGER
D FOUR WHEEL DRIVE 0 DIESEL
VEHICLE PURCHASE PRICE
AGREEMEN TER
NEW VEHICLES ONLY
IN-SERVICE DATE: '
Jl{ MONTHS
/}...I./I'OO MILES
DNEW
Il([USED
COVERAGE SELEC~ED
\-lq
ODOMETER READING (ON IN-SERVICE DATE)
5985.00
LIENHOLDER (IF AGREEMENT PRICE FINANCED)
DEDUCTIBLE:
*$50.00
,- Pl.-uS
USED VEHICLE
DEDUCT"l.E, *$50.00
8EI\IEFIT PACKAGE SELECTEO
LENGTH 0
CTURER'S WARRANTY
PNC BANK' NA
L.E1NHOLDCAS ADDRESS
ZIF"CODE'
NEWIPROGRAM VEHICLE
I HEREBY ACCEPT TH
gj YES D NO
IF NOT COMPLETED-NO COVERAGE AvAILABLE
AGREEMENT HOLDER SIGNATUR
.
Acceleration National Service Corporation (hereinafter referred to as Administrator) agrees that this Vehicle Service ftQr~ement covers the above described vehicle and
the repair or replacement following a breakdown of the Covered Vehicle parts and applicable labor per industry recognIzed labor guides .related to repalr or replacement
of such parts provided that the Agreement Holder does not have Insurance ?r manufacturer's warranty covering such repair or replacement. The operation of this
Vehicle Service Agreement will be supplementa.l in certain cases _to any applicable factory or manufacturer's warranty or particular pf9vlslons, thereof. A breakdown of a
covered part Is defined as faHure of such part due to a defect or faulty work~anshlp by the manufacturer. The AdmInistrator or Issuing Dealer acting on its behalf will
cause the reasonable repair of any of the covered mechanical parts of the vehicle. Replacement will be made with parts of the-like kind and quality (may be other than
new) and compatible with the Covered Vehicle specifications. All parts replaced will be covered under the terms and -conditions hereof for the remaining term and/or
mileage of this agreement as shown above.
FOR PROGRAM (LATE MODEL USED) AND USED VEHICLES: the provisions of this Vehicle Service Agreement commence on the Agreement Sales Date and
continue for either the period of years or months or the number ~f."lle_s as ~ppllcable :In Agreement Term above, whichever occurs-first.
FOR NEW VEHICLES: the provisions of this Vehlcie Service Agreement cqmmence on the Covered Vehicle's OrIginal,ln-Servlee Date. Note: fn some cases the Original
In.Servlce Date predates the Vehicle Service Agreement Sales Date., The provisions, of the Vehicle Service Agreement end ,when elther,1he. Covered Vehicle's odometer
registers the mileage Indicated in Agreement ierm above or, the Covered Vehicle has beer;t In-servlce for the number of years or months (from the In-Service Date)
indicated in 1'q45'l"1'0Term.. whichever occurS first. The Rental Car/Substitute Transportation, Towing and/or Travel Expense Benefit provisions hereof commence as
of the Agreement Sales Date In all i~s. ..1
COVERAGE
SELECTED
PARTS CqVERAGES (ONLY PARTS USTED ARE COVERED)
NO!:
I,
GASOUNEIDlEsa ENGINE: Cylinder biock"heads"all,lntemallubrlclited parts Including: pistons, piston rings and pins, crankshaft aniIBltmk100
bearings, connecting rods and rod bearings, camshaft and bearIngs, pushrods, rocker arms, timing chain, timing belt and gears, teil' er70
assembly, vaives, valve springs, seats and guides, valve push rods and lifters, followers, on pump: PrImary "'el pump,"'ellnjectlon nn .'70
nozzles, Injection pump, manifold absolute pressure'and mass airflow sensors. Manifolds, f1yWheel,.rlng ge~, flex plate, core plugs" h ic
balancer and bolt. Valv@ covers, timing cover, 011 pan, vacuum pUI1:1P, engine mounts, water pu~p, seals and gaskets. Also covered tilBNE
turbochargerlsupercharg~r housing, alllntemal parts, waste gate, seals and gaskets. ROTARY ENGINE: All parts listed above for G'!1Illil'~ 70
Engine, plus rotor seals, rator chamber, eccentric shaft and bearings an.all other Internal parts of a rotary engine.
1lW'lSMISSION: Trensmlsslon case, all Intemal lubricated parts Including: bands, clutch pack,gears, pumps, shafts,shlftforks, shift ralls,
synchronizers, soltmolds, seals and gaskets. Torque converter, bell 'housing, vacuum modulator, seals, gaskets, transmission mounts and
transmission pan. Includes transfer case, all Internal lubricated parts, seBls and gaskets.
DRIVE AXLE; Axlelfinal drive housing, alllntemal lubricated, parts, axle shafts, differential cover, universal joints and yokes, constant velocity and
double offset joints, wheel bearings, drive shaft center, bearlngs"supports. propeller shafts, locking hub mechanisms, seals and gaskets.
2,
3,
CO$TGUARD POWERIRAIN = 1.3 ABOVE
4,
STEERING: All Internal iub~cated parts In the steering box and reck and pinion componen~ power Steering pump and power cylinder, seals and
gaskets. The steering ~,t Is covered only when damaged by an Internaj.lubrlcated part covered under thIs agreement, .
AIR CONDITIONER: EVaporator, condenser, compressor, compressor clutch, seals arid gaskets.
FRONT SUSPENSION: Upper and lower control arms" control arm shafts and bushing., king pins and king pin bushings, ball joints, front
spindles, front wheellJearlngs, seals and gaskets.
BRAKES: Master cylinder, calipers, power booster, wheei cylinders, hydraulic lines and fittings, ...als and gaskets, ,
ELECTRICAL: A1temator, voltage re, ,_9,~I,ato, !, w.lnd.s.~l!~d ,W1p_~r ~otor,o manual switches, starter moto,~,~~arter"sole;nC?ld_oand Ign" 11Ion mO,du~e.
..\_ 0 0.. ,. '" o. ' , ,_ '" _ __ , . . ,," " ", _~ _."". '. _"'^' ,.'_ '-_,_,_ _"''''''
.'
5.
a,
7.
a,
9. STEERING: Control valve and cylinder, steering column, cooler, lines, !T1a1n and Intermediate steering shafts and couplings.
10. HEATER AND AIR CONPmONING: 'Receiver/drier, Idler pulley, tensloner essembly, field coli, accumulator, temperature control programmer,
power module and seals. Ne hlgh"ow'pres~ure compressor cutoff switches, pressure cycling swftch, heater core and heater Ne blower motor,
, 1. FRONTIREAR SUSPENSIONlSTRuT~: Steering knuckles, spindle supports, stabilizer shaft, stabilizer linkage, bushings, rear wheel beerings, and
struts (excluding cartridge). ':." ",
12. BRAKES: Proportioning valve, backing plates, springs, clips and retalners, self adjusters, parking brake linkage and cables, ABS sensors,
modules/compUters, and wiring. Drums and rotors are covered when required In conjunction with repair to a covered part.
13. ELECTRICAL: Distributor, wiring harnesses, wIndshield washer pump, electronic level control compressor Oncluding sensor and limiter valve),
power window motors and gears, power door locks, convertible top power motor, fuel management oontrols'OncJudlng modules and sensors),
ignition management controls OOOOOlng modules and sensors), electronlo and standard Instrument oI\Isters, compass, thermom~i~~atic
temperature control, keyl6ss entry system, power antenna, power seat motors and adjusting ,mechanisms, electronic driver Information_ display
and module and speed CClntrol,
14. COOLING AND FUEL: Radiator, radiator fan, fan clutch and motor, "'el tank and fuel lines, fuel sending unn and fuel float,
" CO$TGUARD PLUS = 1-14 ABOVE
,:;.
FOR ALL COVERAGES, FLUIDS, FILTERS AND LUBRICANTS ARE, NOT COVERED, EXCEPT WHEN REQUIRED IN CONNECTION WITH THE REPAIR OR
REPLACEMENT OF COVERED PARTS, lHE ADMINISTRATOR MUST BE CONTACTED PRIOR TO THE PB1FORMANCE OF Nf'{, REPAIR THE ADMINISTRATOR
WILL NOT BE HESPONSIBLE FOR At{'( REPAIRS THAT ARE NOT AUTHORIZED TO THE REPAIR FACIUlY, SEE THE REVERSE SIDE FOR INSTRUCTIONS TO BE
FOLLOWED IN THE EVENT OF A MECHANICAl- BREAKDOWN.
IMPORTANT. SEE REVERSE SIDE FOR EXCLUSIONS AND OTHER DETAll.S.
This Vehicle Service Agreement, made between Acceleration National Se~!ce Corporation and the Purchaser, Is not an Insurance,~lIcy. Purchase of thIs Vehicle
Service Agreement Is not required In order to purchase or obtain financing for a vehicle. .' '0
02-ANSC.CG (5/95) AO
2-.
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othel llelays beyond trle control or lrle Repair Facility Substitute transpoltatlon must be supplied by me Repair FaCility or a licensed rental agency IF THE OPTIONAL BENEFiT PACKAGE IS
ELECTED the amount paid will be Increased to trle lesser of $150_00 per occurrence or $30,00 per day for eacrl elgtlt (8) hours 01 labor time (or any fraction of eight hours)
OPTIONAL BENEFIT PACKAGE (Additional Cost): Locksmith Service'" . It you lock your keys In your vehicle or lose your keys, you will be reimbursed up to $40 for the service call by a
locksmith to open the vehicle Keys or olller labor/parts are not covered by this benefit Out ot'Gas/Dead Battery.... The Selling Dealer will reimburse you up to $40 for a service call to jump
start or deliver emergency fuel to your vehicle (cost of fuel not reimbursable), Travel Expense. The Selling Dealer wil! reimburse you up to a maximum of $75_00 a day for a maximum of four (4)
days for meal expenses (restaurants only) and lodging expenses (whil,e staying at a hotel/motel) you and your family Incur It (a) you cannot use the Covered Vehicle due to a mechanical
breakdown covered under thiS agreement and you are more than 100 miles from your reSidence. and (b) meals and lodging are required because the covered breakdown causes a delay en route
The date of the covered breakdown shall be conSidered the first day of the four (4) day period The expense Incurred must be between the time of the covered breakdown and the time when the
repairs are completed or by :he end of the fourth calendar day subsequent to the covered breakdown If the repairs are not completed, whichever occurs first Itemized, dated receipts are reqUired
as evidence of the expense Incurred [he deducllble does not apply to the Locksmith Service, Out Of Gas/Dead Battery Selvlce or Travel Expense Benefit
..SubJect to a maximum of $120_00 per agreement year
OPTIONAL BENEFIT PACKAGE: The Optional Benen! Package can only be purchased at the time this Service Agreement IS purchased at an additional cost
EXCLUSIONS: The follOWing are exclUSions under thiS Vehicle Service Agreement program It is intended that all items not indicated as eligible for coverage on the front hereof be conclusively
excluded from coverage Whether or not specir!cally Identified in the follOWing
THIS AGREEMENT DOES NOT COVER OR APPLY:
1. TO ANY REPAIR OR REPLACEMENT MADE WITHOUT PRIOR AUTHf,lRIZATION FROM THE ADMINISTRATOR TO THE REPAIR FACILITY. Should a breakdoWn occu'r after
ANSC's normal business hours or on a weekend or national holiday and the cost of repalr(s) Is 5350 or less, the pre-authorization requirement Is amend~d, ANSC must
nUl be contacted the first workIng day following the breakdown. Such unauthorIzed repair claims will be subject to adjustment In cases o( excessive parts or labor
charges.
2. To repairs or replacements lJlade outside the continental Unlted~j!ll~$ or Canada, or If the Covered VehiCle Is registered outside the continental United States or
Canada.
3. If the odometer has been tan,pered with, altered, disconnected (for other than routine repairs), or Is Inoperative as of the Agreement Sales Date or (or more than fifteen
days.
4. To any part (ailure caused by or resulting from:
a. (allure to servlt:e the Covered Vehicle as recommended by the manufacturer.
b. overheating, Insufficient or Improper coolants or lubricants, or Improper servicing.
c, any vehicle which pulls a trailer that Is not In compliance wIth the manufacturer's recommendations or any vehicle component that has been altered or modlfied so
as to adversely affect the Covered VehIcle's operation, performance or durability
d. accidental loss or damage, collision or upset, (ailing missiles or objects, fire, theft, larceny, hall, explosion, lightning, earthquake, wIndstorm, water, flood,
corrosion, rust, freezIng malicious mischief, vandalism, riot, civil commotion, negligence or misuse.
e. fluId contamination (I.e. fuel, water or foreign matter).
5. To the (ollowlng: adjustments, alignments (except when required In connection with the repair or replacement o( a covered part), manual clutches, shop supplies and
unauthorized diagnostic time.
6. To gradual reduction In operating performance due to normal wear and tear such as, but not limIted to, any repair for the purpose of correctIng the ~ngln~
compression or correcting 011 consumptIon when a mechanical breakdown has not occurred. Valve grinding, burnt valves and/or worn rings are not covered.
7, To mechanical breakdown costs covered by a manufacturer's warranty manufacturer's recall, or factory bulletins,
8. To repairs to any components that were not functioning properly at the time the covered vehicle Is delivered.
9. To damage to a non-covered part resulting from the failure of a covered part.
10. To any vehicle to which a snow plow or related operatIng hardware Is attached at anytime.
H. TO ANY VEHICLE USED FOR COMPETITIVE DRIVING/RACING, COMMERCIAL USE, LIVERY OR DELIVERY; TO VEHICLES TO WHICH COMMERCIAL OR MUNICIPAL
LICENSE PLATES HAVE BEEN ISSUED: OR TO VEHICLES USED TO TRANSPORT PEOPLE OR HAUL GOODS FOR PROFIT.
SERVICE REQUIREMENTS.Purchaser Responsibilities: In order for this Vehicle Service Agreement to remain in effect, the purchaser must, at his/her expense. perform all maintenance
services as recommended by the vehicle manufacturer Failure to follow the maintenance guidelines provided by the vehicle manufacturer wili result in the loss of your protection under tnls
Vehicle Service Agreement. Therefore, you must keep all maintenance receipts and furnish them to the dealer when presenting a claim. Receipts listing date, mileage. services performed and
materials purchased will be the only acceptable proof of maintenance, Receipts for self-service will be required_ Required maintenance service may be performed by any qualified service faCility
TRANSFER OF AGREEMENT: This Vehicle Service Agreement applies only to the Agreement Hoider and the Covered Vehicle listed on the reverse hereof. This Vehicle Service Agreement ma)'
be transferred one time only, at the request of the originai Agreement Holder to the next owner of the Covered Vehicie while the Vehiole Service AIlreement is slillln force_ The Agreement may be
transferred by completion of a Transfer fOI m. payment to the Administrator of a $50 transfer fee and providing copies of all maintenance and service receipts as reqUIred above. Application for
transfer to the new owner must be received by the Administrator within 15 days of transfer of ownership of the Covered Vehicle. If any portion of the manufacturer's warranty is In effect at time 01
transfer, the transfer of the Agreement Will be valid only if the manufacturer's warranty is also transferable and is properly transferred, The vehicle manufacturer's written cDnfirmation eVidenCing
the properly executed transf~r of any manufacturer's warranty coverage In effect on a Covered Vehicle must be received from the Agreement Holder by the AdminlstralOr before thiS Vehicle
Service Agreement Will be transferred Failure or Inability to provide valid and complete maintenance service records will result in transfer denial.
CANCELLATION OF AGREEMENT: ThiS agreement may be cancelled by the Agreement Holder at any time by forwarding a written request providing the cancellation effective date and
odometer mileage. together With thiS Verllcle Service Agreement, to the Issuing Dealer listed on the reverse side_ In the event that a request for cancellation Is made Within thirty (30) days from
the Agreement Sales Date listed on the reverse side. a full refund of premium, less a $35.00 cancellation fee, will be paid, Jf the Agreement is cancelled after thirty (30) days, the refund will be
based on the unused pro-rata premium, iess a $35.00 cancellation fee. For the pro-rata determination. the greater usage of miles or months from the commencement of the Agreement Term In
relation to the maximum Agreement ierrn Will be used If there IS an outstanding loan on the vehicle and the Agreement Price was included in the financing, the cancellation refund will be made
jomtly payable to the Agreement Holder and the Lienholder. if the vehicle is repossessed or deemed a total loss, the refund will be paid solely to the Lienholder. This Agreement may be
cancelled by Acceleration National Service Corporation _(administrator for the Issuing Dealer) for the fOllowing reasons: if the Covered Vehicle does not meel the Eligibility or Underwriting
GUidelines as set forth in a separate document with the ISSUing Dealer; if the Covered Vehicle is a total loss, repossession; if the odometer has been stopped. changed, or tampered with; failure
to maintain Ihe Covered Vehicie, abuse, failure to pay premium; if the Covered Vehicle is used for commercial purposes, and, a_Iterations nqt rer:.olDrnemteQ by ttle, vehicle O1anufaclu.ru.
GEORGIA ONLY: ,'!:he. th~i1),.~v~ ($25,OO) cancaHation fee is "NElived-in !rll-ca5elt.t1't1is Servrol!"Agreenfuht is "non-cancelfao!e 5Y1fie'~d'iiiinfstrator (Acceleration National Service Corporation)
except In the event of fraud, material misrepresentation, or failure' to pay premium,~-In the event of cancellation for fraud or misrepresentation, such cancellation shall be made In writing by the
Administrator to the Agreement Holder and the Lienholder (if applicable). Cancellation shall not be In effect less than thirty (30) days prior to the effective date of the notice. Cancellation for non-
payment of premium will be made by proViding not less than ten (10) days notice to the Agreement Holder and the Lienholder (if applicable). WASHINGTON ONLY: You may request
c<lncellallon 01 thiS service agreement within 30 days of the agreement sales date listed on the reverse provided no claims have been made under this agreement. If you request cancellation
Within 10 days of the agreement sales date listed on the reverse, your full purchase price will be refunded. If cancellation is requested after 10 days, the refund will consist of the full purchase
pnce less a $25 cancellation fee. If the cancellation is made after 30 days, the refund will be based on the unused pro-rata premium less a $25 cancellation fee,
INSTRUCTIONS TO BE FOLLOWEO IN THE EVENT OF A MECHANICAL BREAKDOWN
When you have a breakdown'
Be sure the Covered Vehicle is protected from further damage
Return the Covered Vehicle to the Issuing Dealer immediately for repair or replacement olthe Covered Partts). If you are more than 50 miles from the Issuing Dealer, call the Administrator
at its toll.free number listed below to obtain the name, address, and telephone number of an authorized repair facility,
Furnish the authorized repair facility with receipts evidencing the compliance with the service requirements listed above.
Prior to proceeding with repairs, ensure that the Issulrig Dealer or authorized repair facility calls the Administrator and obtains authorization for the repair. IMPORTANT:
PURCHASER ASSUMES ALL LIABILITY FOR PAYMENT OF REPAIRS THAT ARE NOT AUTHORIZED TO THE REPAIR FACILITY.
The Administrator reserves the right to Inspect the Covered Vehicle prior to the performance of a repair or replacement, or require that parts are shipped to the Administrator for Inspection,
Pay the applicable deductible and all charges for services not covered by the agreement.
If you have any questions, call or write the Administrator:
a"
CO$TGUARD
Acceleration National Service Corporation
475 Metro Place North
Dublin, Ohio 43017
(In Ohio) 800-282.7399
(other stales) 8O()..648-S870
The Administrator has an Insurance policy in force whIch guarantees the performance of the Administrator's obligations under this Service Agreement. Should the Administrator fall to pay any
claim within 60 days after proof of loss has been filed or in the event of cancellation the Administrator fails to refund the unearned portion of the consideration paid, the Agreement Holder Is
entitled to make a claim directly against the Insurance Company. Coverage afforded under this agreement is not guaranteed by the utah Property and Casualty Guaranty Association.
Acceleration National Insurance Company
475 Metro Place North
Dublin, Ohio 43017
The Administrator and Issuing Dealer wili not be liabJe for any Incidental or consequential damages, including, but not limited to loss of profits or Income, loss of use of the vehicle or damages to
property.
WASHINGTON ONLY: The Implied warranty of merchantability on the motor vehicle is not waived if this service agreement has been purchased within 90 days of the purchase date of the motor
vehicle from a provider who also sold the motor vehicle covered by this service agreement.
Policy No. 806494
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BUYERS GUIDE
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IMPORTANT: Spoken promises are difficult to enforce. Ask the dealer to put all promises in writing. Keep
this form./, k1/7--t ./1 . ,0
(fJB5 //,e.77<C'J /99,;;2 ;)Clm/2.(,,1(IJX!JIP 7?dS;?o
VEHICLE MAKE MODEL YEAR VIN NUMBER
G,(,- 9c/::Z
DEALER STOCK NUMBER (Optional)
WARRANTIES FOR THIS VEHICLE:
D AS IS-NO WARRANTY
YOU WILL PAY ALL COSTS FOR ANY REPAIRS. The dealer assumes no responsibility for any repairs
regardless of any oral statements about the vehicle.
[Xl WARRANTY
o FULL
IX LIMITED WARRANTY. The dealer will pay 100 % of the labor and 100 % of the parts for
the covered systems that fall during the warranty period. Ask the dealer for a copy of the
warranty document for a full explanation of warranty coverage, exclusions, and the dealer's
repair obligations. Under state law, "implied warranties" may give you even more rights.
ENGINE AU internally lubricated parts, including pistons, piston
rin~s, and pins, crankshaft and main bearings, connecting
rods and rod bearings, camshaft and bearings, oil pump,
mechanical fuel pump, fuel injection nozzles, timing chain,
gears and/or belt, rocker arms, valves, valve springs, seats
and gujdes, valve push rods and lifters. Water pump, fly
wheel, ring gear, flex plate and turbocharger. The engine
block, cylinder head and rotarY housing are covered only
if damaRed by an internally lubricated part.
DURATION: 30 days or 1000 miles
SYSTEMS COVERED Continued:
TRANSMISSION All ;".b..III..dI) 1I1br;......tGd p....t.\ ;.. the- hM\.J
III~"'O)~V.. ....~ .utd ti..... tv.'i...... \Al1I......l.:... lltG b"m.~...:J
"'~v.. ....""'.... ;'" ....v.'"IOO v.dy nk.~ ~1..A5cd hi an
';.,Ul.......dl} h.b,:"'a~ f""'l ~6.....~ u.<h:iC! rhG- l~l1:iIed
SYSTEMS COVERED;
W<LlHl.ul}.
DRIve AXLE All ~",-,,",Il) l"b.;__lul p~" ii, th. ad.. ""k
hQIl~ing "ud 1;r<'J;I'i'f.... ,"'"'' "..,v.....""i jn;..t<:: r-........d"nt
velocity ioints and double offset ioints. The drive axle
housing is covered only ~hen damaged by an inter-
nally lubricated part covered under this limited war.
ranty.
o SERVICE CONTRACT. A service contract is available at an extra charge on this vehicle. Ask for details as
fo coverage, deductible, price, and exclusions. "you buy a service contract within 90 days of the lime of
sale, slate law "implied warranties" may give you additional rights.
PRE PURCHASE INSPECTION: ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED BY YOUR
MECHANIC EITHER ON OR OFF THE LOT.
SEE THE BACK OF THIS FORM for important additional information. including a list of some major defects
that may occur in used motor vehicles.
J
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CUSTOMER NO
lc,356
INVOICE DATE
03/10/98
COLOR
WHITE/
OELIVERY DATE
04/24/96
SEl.L1NG DEALER NO.
1:37
ELIZABETH J LAWRENCE
141 MAHBETH AVE
CftHl. I SL.E
RESIDENCE PHONE
717 .258'-4192
A.O. DATE
03/09/98
E" S50/DEDIWAIUED)
PA 17,)1:.1
BUSINESS PHONE
7ll 796-1140
C" USED
'-"'<\!' ~"
,")2\
, INVOICE NO.,
CVCSHi0700
STOCK NO.
66942
DELIVERY MI,LES
. -"'~1~112;:1
PRODUCTION DATE
MILEAGE OUT
JDB" 1 CHAKGESi,'..,..':..,:'::......,... ............--....... --....-....,..,.......--...--.....
I! .
~j~ B~F, O~;CVl"""'" -- ,;, .".... -[IR'f ~fAf; ]l~ TY ,,' ...- ,. ,,', --uNiTS~'-';: 30 --Trill'( s;~ ~2 -- "-- "'-"'" --...'" --
RUNS ROWlH AT STOPS
REMOVED CYLINDER HEAD, FOUND 1 BURNT VALVE AND 2 VALVES
VERY THIN, REPLACED 3 VALVES, REINSTALLED HEAD REPLACING
ALL NEEDEn GASKETS AND SEALS r(EPLACED ENGINE all. AND
I FILTER, CHECf(EII ENGINE COMPR~SSION-"OK. ROAIiTESTED......OK
I . " ,', .
F.AR'TS-..........J,-QTY.....crp..NUMBE:R.........---,-...-:'..,...~..,,..DESC~-,_..-...--......._':-'c-...:-...-.....-:-~"nJ PRIC[-,. . "',,., ,". '.'
. ' "-~'B'-.~'{;U'6'79I'11..~ . '1,,,.'VRt.IQ~.;!J;',[-'...,.--- , ' " . -'~":"li4 '~':Q~"
,1 91171768 IIIT~GSI<:r0.289 ' 96.53 96.53
1 2~;011.520 OIL rl.TRL8:<6 7.31 7.::<1
TOTAL - PARTS 210.76
G. ()" G. r\ SUPPLIE~;"" ",...". ..__n_..~..~...~_.___~...._.."....__._...._.~_"~~.~
1.0 GM GOOD WRENCH MOTOR OIL I 5.500
fUN IT
T,OT AL - GOG
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1 TOTALS--..-----..---------....-..-...--------------------.....,
LABOR
PARTS
G.O.G.
,JOB" 1. JpURNAL F'REFI X eves ,JOB" 1 TOTAL
TOTALS "'" '..'_..
we THANI<
YOU, OUFi VALUED CU~lM)l1ER, FOR fiELECTI~G1
~'
LAWRENCE CHEVROLET-GEO-OLDSMOBILE
TOTAL LABOR..
TOT AL. PARTS..
TOTAL SUBLET.
TOTAL G.O.O..
TOTAL MISC...
TOTAL TAX....
TOTAl. INVOICE S
TO :3 Ei"'JI CE YOUR CAR OF, mueK.
WE HOPE TO SEE iclbJ
AGAIN IN THE FUnJRE
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CUST OMER SlGr~A JUlit
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5" ~~O
'i5..50
379.60
210.7 6
5ft~jO
595.86
~<79. 60
210.76
0.00
5.50
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;3~j.7 6
631.62
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MUFFLERS. BRAKES - STEERING - SUSPENSION - ALIGNMENTS
TIRESI- OIL CHANGES - OTHER DAILY MAINTENANCE SERVICES
.
'-
'-
A2508b29
LAWRENCE
141 MARBETH AVE
CARLISLE PA 17013
12/09/98
8:52 PAGE 1
944 WALNUT 80TTOM RO.
CARLISLE PA 17013
(717i258-8030
MANAGER: "WILLIAM H SLASEMAN III
TECHNICIAN: JEFFREY E BEITLER
ESTIMATE ~: 21782
ElT.
CAR: 92 GEO METRO
PO ~:
SERVICES REQUESTED:
fUEL fILTER CHECK !OLE
CHECK 01 L LEAK
LICENSE: BLS7133 ST: PA
MILEAGE IN: 81066
WHILE WE WERE WORKING WE NOTICED:
.: I"'Rm::r.IYI"'TF: ,nNI Y ", : '.'FRT,TMATE ONLY
Y PART NUMBER REC DESCRIPTION LOC WARR LIST NET LABOR AMOUNT
fRONT END
OUTFE _C PLUG WIRES 60 41.51 41.51 6.00 47.51
OUTFE 1 C CAP-ROTOR D I ST. 60 N/C N/C
OUTfE2 C FUEL FILTER 60 37.04 37.04 14.00 51.04
FRONT END TOTAL 98.55
SERVICE -
TU404 S SPARY,PLUG SMP 60 3.43 3.43 6.00 28.29
SERVICE TOTAL 28.29
306
LIP ('
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(-IX TJ;~
rlMAiE :I, 0 NI
JM THIS NT.
i FROM OICE, .
TI M
~~:ES'
MAND-'
E
126.84 THANK YOU FOR CHOOSING
MONRO- ANY QUESTIONS OR
13~::~~:~&lI:~~1t y
~RF~RR_t!
BRKS RF _LF _RR_LR_
STICKER ~
SUB TOTAL
r--IIC"Tf"'l~~t:"O C'1r-J\Ir.TI II;J;::TI MnTE~~t: OC'?~.5~0Cf"\O r""Il^0~11lC'1("' " w^~9J.J)';J...9.X,E;..
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CUSTOMER NO
16:356
IT IZAHE TII cl Lr,i,JFiENCE
H 1 MHI~BETfI ME
JO IY,
LABOR,RATE
52.00
YEAR f MAKE I MODEL
92IGEO/METRO/flB 4D
INVOICE DATE
INVOICE NO.
COLOR
WHITE!
12/11/98 cve
STOCK NO;
9146:
669;4:
CARLISLE, PA 17013
RESIDENCE PHONE BUSINESS PHONE
717-,258-.4192 717-.796-1140
DELIVERY DATE DELIVERY MILES ,
04/24/96 55~2~
SELUNG DEALEA NO. PRODUCTION DATE
R.O. DATE
12/11/98
C~ USED
E~ SSO/DED(WAIVEDI
MILEAGE OUT
.JIJ[<~
1 CHAriGE!3
I.,AE'm~,,,,,,.., ,,"." " ..,,, .."........--,...--.-......'_.............. ............".... ",. ,'..."....--......
,Jill O:,CVl DRIVEABIUH UNITS: 4.00 TECfI(S):116
VEHICLE IDLES ROUGE~-SEE HISTORY, MONRO SAID TIMING BELT
NEEDS TIMED PROPERLY, DISTRIBUTOR BOLT ON BOTTOM IS
MISSING, DISTRIBUTOR IS TOO FAR ADVANCED DUE TO TIMING
BELT BEING OUT OF TIME..,.eHECK AND 'ADVISE
TIMING BELT LOST TEETH1 VEHICLE JUMPED TIME, REPLACED
TIMING BELT AND SPARK ~LUGS, STILL:II~ES ROUGH, SUSPECT
VALVE CRDBLEM, NEED TO FURTHER DIAGNOSE '
F' ARTS,,, ".... .. ," ..QTY .,-,-F P"NUM['ER....._.._.......~----~"DES~PT10N.'""-- ...":..-,..-.. "'....,-.........-IJN I T
1 ,"6060050 BEL T',O .724 '
:3 561:3100 SPARK 'F'LG ;~.vo
208 ~ 0/
PF:ICE.
49.73
~l a 51
f:'ARTS
4.
10..5:
60.2,
TOTAL
JIlBt1
1 TOTAlS."
LABOR
PAraS
208aO.
(10.2.
JOB~ 1 .Jlill.lRN,~!, F'REFI X cves ctOB~ 1 TOTrlL
268.2,
TOT AI.,S-......,.....",,,,,,..,,.....,,..
..
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I
..- ._-, ,- .....-... _.,~ _..~ .,-_.~~ -.-. ~.. '-~~r .-.._._. ~...
,
WINTER'''S COMING I i
F'LI~N AH*'. LET l.AWF<ENCE CHEVROLET OLDSMOBILE~
KEEP~OIjR CAR OFi TRUCf< IN rap eO~[IITION FOR TH~
COLD MONTHS AHEAD
,I:
('
TOTAL LABOR.... . ;~on. 0'
TOTAL PARTS.... 60.2.
TOTAL SUBLET... 0.0,
TOTAL G.O.G..., 0.01
TOTAL MIse CHG, 0.0'
TOTAL MIse DIse 0.0'
TOTAL TAX", "" .. 16.1'
~-~-_._.._._,--
TOTAL INVOICE .. 2P,~ ~
.
, .. "
"f","
ASK ABOUT OUR WINTER CHECK UP
I
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RESIDENCE PHONE
717'-258-4192
BUSINESS PHONE
717-196-1140
~
-
CUSTOMER NO,
.".:{L;"
ADVISOR
INVOICE NO.
ELIZABETH J LAWRENCE
141 MARfJETH AVE
LICENSE NO.
YEAR I MAKE I MODEL
nIGEO/METRO/HB
VEHI
DELIVERY DATE
04/24/9
SElUNG DEALER NO. PRODUCTION DI'll"E
CIl USED
R.O.DATE
12/16/98
E~ $50/DED(WAIVED)
MILEAGE OUT
CARLISLE PA 17013
JOBII
1 CHARGES-'- -- --.--- -. ~---.-----'-------------..,---
LABOR------------------------------------------------------------------------------
,JII 1 05CVZ DRIVEABILITY UNI.TS: 4.70 TECH(S):132
CUSTOMER STATES I RUNS ROUGH" ""
112 CYLINDER NO COMPRESSION., EXHUAST VALVE FAULTY. REPLACED
VALliE. ENGINE NOW, SMOKES...,' FOUND, OIj.:. RINGS WEAK DUE TO
BAD VALVE. REPLACED'RING::>. ROAD TEST.
WARRANT
t' ":.
PART S ------QTY ---FP-NUMBEF<---------- ----- DESCR II'T ION- --.--- -------:------- -'-UN I T PR I CE
, .i " '-, ~nt~bgb'.---~--~~!2~~H,,~,?B? - " '- -.'--. ..
1 96067978VI\~VE 0.'297
1 25011520 OILFLTR 1.836
1 91171767 GASKET 0.289
~ ;%g~in% ~~~?$~T3g~616
3 9~?6~~89 RINBiI KITt 0.643
1 1 d4,-,,_,O 1 LUBRilCAN 8.800
1 105;:'753 COOLANT 8.800
TOTAL - F'ARTS
WARRANT.
WARRANT
WARRANT.
WARRANT'
!AARRANT.
WARRANT'
WARRANT
WARRANT'
WARRANT'
W!\F<RANT'
0.0-
G.O.G.
& SUPPLIES----------------------------------------
Z5000 PROCURMENT FEE '
1.0 GM GOODWRENCH MOTOR OIL I
Z5000 PROCURMENT FEE
Z5000 PROCURMENT FEE
/UNlT
WARRANT'
WARRANT
WARRANT
WARRANT
0.0'
TOTAL - GOG
JOB# 1 TOTALS------------------------------------------------------------
I
JOBn 1 JOURNAL PREFIX CVCS JOBU 1 TOTAL
O.Ol.
TDTALS---------------------------------------------r-----------------~------------
WINTER'S COMING! TOTAL LABOR....
," TOTAL PARTS,...
PLAN AHEAD. I_ET LAWRUICE CHEVROLET OLIISMOBILE TOTAL SUBLET...
~ TOTAL G.O.G....
KEEF' YOUR CAR OR TRUCf( IN T.OP CO D~n(jN- FOR THE TOTAL MISC CHG.
TOTAL MISC DISC
COLD MONTHS AHEAD TOTAL TAX."....
O.O(
0.01.
0.01,
O.O(
0.01.
O.O(
O.O(
-------------.-----------.----------
ASK ABOUT OUR WINTER CHECK, UP
TOTAL INVOICE $
0.0,
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ELIZABETH J. LAWRENCE
Plaintiff
IN COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
vs.
CIVIL DIVISION - LAW
No. 00-3445 Civil Term
LAWRENCE CHEVROLET
OLDSMOBILE, INC.
Defendant
IN ASSUMPSIT
PLAINTIFF'S ANSWER TO NEW MATTER
13. Although Defendant incorporates by reference Paragraphs 1 through 12 of his Answer,
the Pennsylvania of. Rules of Civil Procedure do not require a response to an answer to general
averments which do not meet the criteria of New Matter incorporated in New Matter in the
Answer since the Answer of Defendant is for the purpose of admitting or denying the Complaint
only and not for the purpose of incorporating within the Answer itself New Matter, which New
Matter must meet the requirements of Rules of Civil Procedure Pa.R.C.P 1030.
14. Denied. On the contrary, the Complaint does state a cause of action.
15. The clairn of Plaintiff's is under contract, breach of contract, warranty, failure of
consideration, and failure to perform in a good and workmanlike manner.
16. Denied that the warranties were limited. Specifically, the warranties at the time of
purchase of the vehicle were under the standard warranties for the specific purpose and under the
service contract, which Plaintiff paid the sum of $895.00 for, as set forth under Installment Sale
Contract, attached hereto as Exhibit 5 and made a part hereof, and set forth in Exhibit "2" of the
Complaint. Warranties also existed for work performed, in addition to written warranties or in
their own right as warranties for work performed.
17. Denied. On the contrary, Defendant is liable for defects, failures and other conditions that
arose with the vehicle when made in March of 1998, at which time the warranty was still
operative, since the work performed under the original service contract would have been covered
by an extended warranty for that work so performed.
18. Admitted.
19. Denied. On the contrary, the vehicle service agreement did not exclude coverage for
value grinding and burnt valves. In addition, Plaintiff was told by employees of Defendant that
the service agreement did cover the damage. In addition, Defendant failed to detect and to
inform Plaintiff thereof of the teeth missing from the timing belt and to replace the timing belt.
Oi~ - ~ "$_~.'~' ~,=""""'" > ~
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Detecting and correcting and reporting this deficiency would have prevented the same value as
repaired in March of 1998 from burning out again.
20. Admitted that the warranty excluded valve grinding and burnt valves, but covered other
work and defects set forth in the complaint.
21. Denied that Paitiff is barred; on the contrary, Defendant advised Plaiantiff that the work
was vovered by warranty; then changed its mind;l then told Plaintiff that she had to pay for the
work or she could not remove the car from the premises; thereby being compelled to pay under
protest, since she needed the car and could not contest the issue because of her circurnstances.
22. Admitted that Plaintiff brought her vehicle to Defendant for the second time on
December 11, 1998, at which time the timing belt was replaced. However, the problem of the
timing belt should have been detected at the first service in March of 1998; however, Defendant
charged Plaintiff for the timing belt.
23. Denied. On the contrary, the timing belt was installed incorrectly during the work when
the vehicle was in for service in March of 1998, in that the timing belt was installed backward,
had defective/missing teeth, and was a cause of the problem with the valves.
24. Denied that the service performed on December 11, 1998 was performed properly; on the
contrary, Defendant by poor workmanship permitted the valve rings to slip, which caused
damage to the engine that was manifested by the poor performance that required a return to the
garage in February of 1999. In addition, Plaintiff reiterates the defective work that is averred in
Paragraph 9 and other provisions of the Complaint.
25. Denied. Plaintiff is entitled to damages for the defective work performed by Defendant.
26. Denied that the Plaintiff's claim is barred by acceptance of repairs and replacernent parts;
since Plaintiff was in the traditional dilemma of an auto service arrangement where the Plaintiff
could not remove the vehicle without paying for the damage. Payment does not constitute a
waiver of any claim thereafter.
27. Denied that Defendant was not liable for replacement of the values and other work
performed in December of 1998 and that recovery under the Vehicle Service Agreement was
barred; since Defendant performed work improperly on the vehicle prior to expiration of the
agreement, as more fully set forth in the Complaint.
28. Denied that the service performed by Defendant on December 16, 1998 was performed
properly; on the contrary, the work was not performed properly as more fully set forth in
Paragraph 9 and other provisions of the Complaint.
29. Denied. On the contrary, Plaintiff's claim is not so barred.
30. Denied that Plaintiff is estopped from recovery.
-
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31. Denied. On the contrary, Plaintiff complied with the conditions of the applicable written
warranty.
32. Denied that the problems were the result of abuse, misuse, neglect or improper or inadequate
maintenance.
33. Admitted that the claim is within the jurisdictional amount of $25,000.00 for compulsory
arbitration.
34. Denied. On the contrary, Plaintiff gave timely notice
35. Denied. On the contrary, timely notice was given.
36. Denied. On the contrary, Laurence breached warranties expressed and implied as set forth in
the Complaint.
37. Denied. Damages resulted from the poor workmanship and conduct of Defendant, its
servants and employees.
38. Admitted that the Vehicle Service Agreement for the original warranty obligation expired
prior to December of 1998; however, the poot workmanship performed by Defendant in March
of 1998 was within the warranty period, so that the work performed within the warranty period
carried an extended warranty for the work initially performed within the warranty.
39. Denied. On the contrary, Defendant through its agents and employees did advise
Plaintiff that the Service Agreement did apply; but they then reversed that position.
40. Denied that the Agreement excluded coverage for Subparagraph a, in that Plaintiff did
not fail to service the vehicle as required; Subparagraphs b, c, and d are also denied, on the
ground that the reverse of the allegations is true.
41. Denied. They were not so performed.
42. Denied. Plaintiff performed her operation and treatment of the vehicle in accordance
with reasonable standards ofperformance.
WHEREFORE, Plaintiff requests the Court to grant th~~ay ofP . 'ff.
r
John . Broujos, Attorney for Plaintiff
4 N. anover Street
Carlis e, PA 17013
717-243-4574; Fax 243-8227
PaBar 6268
July 31,2000
-""'''''~''"...,----'~
~ " >
~
" .,ANNUAl 111I11I11I.111I11'.L1I1III1I"'11
",fiNANCE Amount Financed Total of Payments - Total Sale Price ~~
" ;i~~RCENTAGERAT[ ,',:"CHARGE ' , , The amounlofcredil provided The amounl you will have paid afleryou Thetolal cosl of your purchase on
Tbecostbfyau(creditas I" ThedoUaramounllhe 10 you oron your behall.
,~,ye~rly rale. I: ~reditwillcoslyou. have madeallschedu!ed payrnents. credil, inCI~~~~~r~&wnp8yment
", I ' 011
13.25 2226.20 5876.80 8103.00 9603.00
,', ' % $ I I
.-.- I
YourPaYlUentScIl\idu!ewlWlle:,,,, ""
No:oIP~nts Amountol,,1 When Payments Are Du c.. ., Security; You are giving a security interest in the motor vehic1e being,purc hased.
11j,-,:;,( . I ", ""~ Monthly, beginnIng
,19 Prepayment: If you pay off early, you will not have 10 paya penalty.
51A'!1',"" I c _'
:':~,~?!!~~:,$ ,-,,, ,.,.,.", ,,_.
Y'~~~rge~ If ",p_aY!JIe~tis late, yo~ ~ill be charged'2% 01 ~e portion 01 ~e payment which is late for each month, or pari of a month greater than 10 days, that it remains unpaid.'
~b~::~~::~. and any o,ther ~~n,trac~,~o~_~i~~nts lor any additional information about nonpayment, delault, any required repi3yment in full belore the scheduled date i3nd prepayment refunds and
";!~i!"ii)n r.u; ,emeanseslimate
,".) '.1-);',:;'.-:""'.'.'
InthlsContract,._j'~",:~ DJC '
W~"e'; "",,::~~ciiiLIstl:,:PII<E,:~E5BuRG PA 17055
tlle.SEll.fR.' , ',- ,
x~~i~;; ,'"ffiml:~~SLE P:':;~3
the BUYER(Sj. ". -, .'- ..,'
I!~ ]1''',;''' NaQls(s) Address(es} Zip Code(s) .
','<'<11'.0" " ," _ ..,..'.._.
,'I,f, I,her~ is'inore tha~ One Buyer, eilch"promises" separately and together, to pOly all sums due us and to perform all agreements in this Contract.
'--"~MDE~iN:
'Yjj~if)JI~~tf.aqed in
~'J~J(~:~jng vehicle:
T~is Contract is between Seller and Buyer. All
..,dlsclosureshi3vebeen made by Seller. Seller
intendsto1i3ss1gnthisContracttotheAssignee,
Itemization of Amount Financed
Cash Price InCS~~S~BB Luxury Tax
I
Cash DownpaaS.S8
, I
NetTrade-ln
Zip Code
IF YOU DD NOT MEET YOUR CONTRACT
OBliGATIONS, YOU MAY LOSE THE MOTOR
\lEHIClEANDPRDPERT'llHATYOUBOUGHT
WITH THIS CONTRACT, AND/OR MONEY ON
DEPOSIT WITH THE ASSIGNEE.
''If/A
Il/A
Ii/A
By:~i~Qj~g",YOu.~lll:le~t ~redit ~ife insurance, "What is your
which'costs'$,"'I"'" age?~Years
Whi3tisyour
age?_Yei3rs
I
Total DownpaYl~0. fl~
I
UnpaidCaShP4~~!!a~ff0
I
ToCreditlnsurancecoJij"N
$
,TI) Public Officials fl)r:
License,TagsandWstmn
$ .
UeilFee
By signing, you select Single Credit Acciqq1"A
Hei3llhlnsurance,whicncosts$
Signalure,ofBuyertobslnsuredlor,SingleCredilLifelnsurance
SignatureoIBuyerlo~einsuredlorSingleCrediIAccident& Health Insurance
'Bysignin& you both select Joint Credit N/A
Accident&,HeaRh Insurance, which cosls $_
5.00
"BY,siiQiIlMQ/I,bO!hsel/lctJOint
Credi,~'9f~J~~!!lJlnce, yi~ich costs,$
,:"i"11)i!):I'.
l?;jl!;'{\
N/A
What are
your ages?
Whati3re Percentage
your ages? lobe
insured
095.0:0
$ 'c t_V
To
;',,'
1.
-_%
To.'
412.80
2. -, -,.; ,:_ '
SignaturesolbothBuyeisto,beinsured,forJointCreditLifeiiiSiiiiiiCe
I,i;'
2,
SignaturesolbothBuyerstl)beinsuredfl)rJoint
Credit Accident & HeaRh Insurance
-_%
To
$
Insurer. '0,< N/A To
~EHI~(~;:~Y_~u-.~ave agree~'to'purchase, under the terms 01 this Contract, the fOllowing motor vehicle and its exlri3 equipment, which is called th'e" $
Veh~~\lI'!,\!'l~1~n,I>>r~~:~i:,<;,_,n ,'''' ---,i~il:>-"" ,n" ' , AlJIountflnang76 80
.".';r-N/U",_j;"'Ye;~~Make' ~ BodvStyle No.Cyl. Truck Ton CapacilY Serii3lNumber $ ..
1JSE[) GEO finance Charg~226. ~li
'<1",'" ,'" "".,""1""" ,~ 4D 2Cll<R646XN6772588 $
Eg~!I!Md, 'ji'~,A,T.-,:..-:,P,S.:,,'l.'~ "~rNIl;[M.,S,ereo 5 Spd. Other Total .of Payments (Time Bali3nce)
with<; A.C. P.W. AM~FM'Tlpe' Vinyl Top $ 8103.06
-'-,:;,A~. J,~'Nt~':,""w,-..re may., asslgnt.his ,cont~~.g,t a,n~,Security Agr~.ement to a sales Ii.nance, company w~ich is the "Assignee." If the ASSigne,e assigns the Payment Schedule. You i3gree to pay
to_niij~tto:'a ~u~equent,~sslgnee;,thejterm'also' refers to such subsequent i3SSlgnee. After the atjslgnment, aU rights and benefits 01 the'Seller in this to us the Amount Fini3nced plus interest in
COnlr!l_~ and III the SecllrJty- Agreement shall belong to and be enforceable by the Assignee. The Assi~nee willl)l)tily you when and If SeUer makes an
asslrnment uninterrupted monthly
~H5~~<"""i' ""':.'",, ",j PNC' BANK, NATIONAl'ASSOCIATlON 'paym""'$ 135.05
C~..~GN.ER~Any,'p~rSl)n:--sig[ling the;Cil,S,ign~~r's;'Agreement ~elow,promises separately and together with all Co-Signer(s) and Buyer(s), 'to pay all sums e a c h, a nd a Ii Oa I pay m e nt 0 f
~~~_~~d ~~!1orrl\ rJI1~Te'~~ii,? y!i~i9~acl: C~-~j.gretwil,1 not be an Owner of the Vehi~'e.. :', ' $ 135. 5 JUNTh~m
CO-OW~ER: Any p~rson signing thl!"Co.OWner's Security Agreement below gives us a security interest in the Vehicle i3nd agrees separately and together
with, all Co.Owner(s) and Buyer(s), to perlorm all i3greements in the Security- Agreement and all othei"'pi3rts 01 this Contract except the "Promise to POly" paymen~~ be due on
secllon: - - 19 ,and then payments
, will bedueon thai same di3Y of each month
;T~~_~~; ,rh~ ter/!l~ ,s,~I)I'IJ1, i,n Ihelbo~,es,~,b~fl!~~r~,ei3rt of thi,s qontract fOllOWing.
IPROMISE TO PAY: You ~gree to' pay us'the Total Sale Price lor the Vehicle by maklllg the Total SECURITY AGRHMENT:'To secure the payment 01 0311 sums due and the performance of all
Do1Maxmenfand paying us the Amo'u~t'Flnanced plus IlIlerest You promise to make payments requIred 'obligations under this Contri3ct, you give '03 securIty interest In the Vehicle, in all f'rt'
'In accor8'ance With Ihe payment Sctr~dule. You promise to make payments on or belore the same ,(cal!ed ':acces~ion.s") attached to Ihe Vehicle .at any later time, i3nd in any proceeds 0 t~e
day of each month as the first paymenY due aate You agree to pay all other amounts which may Vehicle, .ll\cludlllg IlIsu~ance proceeds. The ASSignee m.ay .sel.off. any am~ul)ls, due and unpaid
. .....'''''-.., - - - ~ f~' C - . ,- "underthlsContractagalnstanyofyourml)neyonde~osltwlthAssIgnee.Thls IlIcludesany money
be.cQm~,due under the terms 0 t,)IS ontract. You agr~e to pay the ~eller"Q~ AsSignee c,osls,o!, _ which Is' ,now or may in the future be deposited wilh Assignee by you, Assignee may do this
SlllLYou a,lso_,greeto pay reasonableatlorneys' lees d Seller orAssl gnee hires an atlorney to-t,llwlthoutany prior nollce to you.
colle~f~.mounts due under this Contract or-to'llrotect or get possession of .the Vehicle: You agree ADDI1IOHAt TERMS .IIND COHDI1IONS: THIS COOTR~Cl CONTINUES ON THE REIJERSE SmE.
to m~ke"payments at the place or. to send payments to the add~ess which the ASSignee most YOU ARE OBLIGATED TO ALL THE TERMS OFIHE CONTR_ACT WHICH APPEAR ON THE FRONT AND
recentlyspecllies in the writlen notice to you. REVERSE SIDES.
ay'~gningbelow, we agrEe to sell the Vehicle to you ,under the terms of this Contract. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE
ENTITLED TD AN EXACT COpy OF THE CONTRACT YOU SIGN KEEP IT TO
PROTECT YOU~LEtiL RIGHTS,
'\ "\-1\' ) ,
. ' \ "", \ ,,j C, \ U. \. 04/24/96
BUYER \ -J (SEAL)
J Dale
N/A
n/l.
SEllER ~~, INC.
By:~'W'~J-If\
04/24/9
(SEAL)
BU~_,_,__
Date
-~---
~~". ~OO::SiGNERf'YOttsHOULD',REAJ:J;;THE NOTICE TO CO-SIGNER, WHICH HAS.BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE SlGNING
r " I .TH:E:'CO;SIGNER'S AGREEMENT.
CO.SIGNER'S AGREEMENT: You, the person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perform all agreements in
this Con~act. You inlend to be legally bound by all the terll'lS of this Contraet, separalely and together, with the Buyer. You are making this promise to induce \IS to make this
Contritct with the Buyer, even though we will use the proceeds-only for the Buyer's benefit. You agree to pay even though we may not have made any prior demand ror payment
on lbe-Bu~cr orcxcrcJsed our security illlerest. Vou also acknowledge re~iving a completed copy of this Contract.
(SEAL)
Co-Signer'sSignature
Address
Date
(SEAL)
Co-Sij:ner.'sSignature Address Date
CO.OWNER'S SECuJUTV A-CREEM,ENT: You, the pe.rson signi!1g below as "Co-Owner,"logether with the Bu)'er or otherwise being all of the Owners of the Vehicle. give us a
Security Interest in 1M Vehicle identified ahove. You agree to be, bound by the terms of the Security Agreemenl and all other parts of this Contract except t~e "Promlsc To Pa('
section. You are giving us the-security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due nn th.. Conlract_ YOll w1l1
not be,responsible for liny deficiency which might bedue afterrepo ssession and sale of the Vehic1e.
(SEALl
Co-Qwner'sSignature
Address
Dalc
BUYER CO"SIG~R AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT
Ai\TI:\E'~III/1E 0 . IGNING.
v ,~\\,:'U\.\ h, ,\, ' J,
BUYER' t
BUYER CO.SIGNER
NOTICE: SEE REVERSE SIDE FOR IMI'ORTA:"lf INFORMA TlON.
CO SIGNER OR CO OWNER
eA
~oo 000005361GIQ41 ~,:,,,,,,.
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ArroRNEYS & COUNSELLORS AT LAw
WILLIAM f. MARTSON
JOHN B. FOWLER III
EqWARO L. SCHORPP
DANIEL K. DEARDORFF
THOMAS J. WILLIAMS *
Ivo V. Orro III
GEORGE B. FAlLERJR.*
CARL C. RISCH
MARK A. DENUNGER
"'BOARD CERTIFIED 'CML TRIAL SP~IAUST
TEN EAsr HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341 ,
FACSIMILE (717) 243-1850 '
INTERNET www.mdwo.com
August 23,2001
John H. Broujos, Esquire
BROUJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, PA 17013
Donald M. Lewis, III, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108"1963
RE: Elizabeth J. LawrCJ;lce v. Lawrence Chevrolet Oldsmobile, Inc.
No, 00-3445 Cumberland County C.C.P.
Dear Johp. and Donald:
Enclosed please find the Notice of Hearing in the above referenced matter. If any attorney
has an objection or conflict with this date, that attorney shall assUme responsibility to reschedule this
hearing ata time suitable to all attorneys.
Very truly yours,
MARTSON DEARDORFF WILLIAMS & OTTO
George B. Faller, Jr.
,,~
(C~
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GBF/mah
Enclosure
cc: Maria Cognetti, Esquire (w/enc)
Daniel DeArment, Esquire (w/enc)
F:\FILES\DA T AFILB\MISC\gbf-Iaw'.2
INFORMATI,ON' ADVICE" ADVOCACy'M
, ~~
-.,
.--,
.-
t F:\FILES\DATAFILE\MlSC\arb-gbf.law/mah
Created: 08123/01 01:06:25 PM
Revi~ed: 08123101 02:01:05 PM
~
9
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ELIZABETH 1. LAWRENCE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-3445
LAWRENCE CHEVROLET
OLDSMOBILE, INC.,
Defendant
CNIL TERM
TO: John H. Broujos, Esquire
BROUJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, P A 17013
Donald M. Lewis, III, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, P A 171 08
NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED, that the undersigned arbitrators appointed by the Court
in the above captioned matter will meet for the purpose of their appointment Monday, November
19,2001 beginning at 10:00 a.rn. in the law offices of MARTS ON DEARDORFF WILLIAMS &
OTTO, Ten East High Street, Carlisle, Pennsylvania, at which time and place you may appear and
be heard, together with your witnesses and counsel, if you so desire.
By GeO~le~r.f:!J Chairman
Maria Cognetti, Esquire
Daniel DeArment, Esquire
DATED:
August 23, 2001
"~--~~ ~ ->>,.
MARTSONDEARDORFF WILLIAMS & OTTO
MI2W~O
TEN EAST HIGH StREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
fACSIMILE (717) 243-1850
INTERNET www.mdwo.com
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"19
~
John H. Broujos, Esquire
BROUJOS& GILROY, P.C.
4 North Hanover Street
Carlisle, PA 17013
_."~~ "
AnORNEYS & COUNSELLORS AT LAw
WILl-lAM F. MARTSON
]OHN B. FOWLER m
EDWARD l. SCHORPP
DANIEL K. DEARDORFF
THOMAS ].-WILLlAMS"
[YO V. Oyro m
GEORGE B. FALLER]R.'
CARL C. RISCH
MARK A. DENLINGER
.BOARD CUTIFJED CIVil TRIAL SPEClAUST
July 2, 2001
Donald M. Lewis; III, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, P A 17108-1963
RE: Elizabeth J. Lawrence v. Lawrence Chevrolet Oldsmobile, lnc.
No. 00-3445 Cumberland County C.C.P.
Dear John and Donald:
I have been appointed as the Chairman of Arbitration panel in the above referenced matter.
Enclosed is a calendar for each month between now and the end of the year. In scheduling this
hearing, I am assuming based on the Pleadings that it will not take more than one half a day.
Therefore, I would ask each of you to indicate on the calendar any morning or afternoon which you
would available and return it to my office via facsimile. I am also, by copy of this letter, asking the
other two arbitrators, Daniel DeArment and Maria Cognetti to do the same. We will than issue the
appropriate Order scheduling the hearing.
GBF/rnah
Enclosures
cc: Maria Cognetti, Esquire (w/enc)
Daniel DeArment, Esquire (w/enc)
f \FILES\DA T AF1LE\MISC\gbf-law.1
Very truly yours,
MARTSON DEARDORFF WlLLIAMS & OTTO
George B. Faller, Jr.
INFORMATION. ADVICE. ADVOCACY'"
-
ELIZABETH J. LAWRENCE
Plaintiff
IN COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL DIVISION - LAW
: No. 00-3445 Civil Term
LAWRENCE CHEVROLET
OLDSMOBILE, INC.
Defendant
: IN ASSUMPSIT
PETITION FOR APPOINTMENT OF ARBITRATORS
TO TIlE HONORABLE, TIlE JUDGES OF SAID COURT:
John H. Broujos, Esquire, counsel for the Plaintiff in the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim ofthe Plaintiff in the action is $5,000,00+- plus interest and costs.
The counterclaim of the Defendant in the action is $ -0, .
The following attorneys are interested in the case as counselor are otherwise disqualified to sit as
arbitrators: John H. Broujos, Esquire, Donald M, Lewis Ill, Esquire, and Eugene E. Pepinsky, Jr., Esquire.
WHEREFORE, your petitioner prays your Honorable Court to appoint
case shall be submitted.
hn . Broujos, Esquire
B JOS & GILROY, P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574; 717/766-1690
June 5, 2001
ORDER OF COURT
2001, in consideration of the foregoing petition,
, Esquire, m 6 h'g) 6~ ' Esquire, and
, Esquire, are appointed arbitratofs in the above-captioned action as
prayed for.
c: John H. Broujos, Esquire
Donald M. Lewis Ill, Esquire
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07/04/2001 13:52
9094068
COGNETTI & ASSOC.
PAGE 01
F
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M
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E
To:
George B. Faller, Jr.
Fax;
(717) 243-1850
Re:
ElizabthJ. Lawrence v. Lawrence Chevrole Idsmobile.lnc.
Pages:
L, including this cover sheet.
Date:
July 4,200 I
Message:
Please see attached.
Please call Anthony Hill at (717) 909-4060 if the is any problem in transmission.
The information contained in this telefacsimile is transmitted by an altor It is privileged and confidential, intended only for
the use of the individual or entity named above. K!he ",ader of this age is not the intended recipient, you are hereby
IlOIified that any dissemination, distribution or copying of this communication strictly prohibited. If this communication has been
received in error, please immediately notifY US by telephone. collect if ssary, and >I'elum the original message to us at the
above address via the U.S. P06tllI SeNice (we wi" reimburse postage). Tha you.
,\ l~ 0'
From 1I1e desk of..,
Maria P. Cognetti. Esqui
H.ria p, Cognelti "'_.
lIOG"'n,Mew.....nue.s... 10l
Camp Hill, PA 17011
Telephone: 717-909-10
Fax: 717-909-04068
-
-
,^
,
COGNETTI & ASSOC.
PAGE
07/04/2001 13:52
90940&8
M~&:6
TEN EAsr HIGH $1'1\",
C....USU. P~NNSYLV.<N'" 17013
TEl-EPHONE (717) 243-3341
F^CSIMILt (717) 24H850
lNTh"" www.."dwo.c:om
c??)
9
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July 2, 20
John H. Broujos, Esquire
BROUJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, PA 17013
- ~>
lL . ON
-......--..--)oI<N.8-R........1ll
EOWAAD L s<....o.rv
Ol\NIEL K. Ou.,PoO(.,lRFf
TH()~S J. WllllAMS ..
Ivo V. 0=, III
G<OR.CE B. FAllE,,)..'
0.... C. RiS<;:H
MARK A, DENU""<R
. 80Aap CiaTJFIW QVIL TAlA\. SPEClAurr
d M. Lewis; III, Esquire
ER WOOD ALLEN & RAHAL, LL"f>
210 alnut Street
P. Box 11963
H sburg, PA 17108-1963
RE: Elizabeth J. Lawrence v. Lawrence Che let Oldsmobile, Inc.
No. 00.3445 Cumberland County C.C.P.
Dear John and Donald:
I have been appointed as the Chairman of Arbitra
Enclosed is a calendar for each month between now an
hearin,g, I am assuming based on the Pleadin~ that it
Therefore, I would ask each ory-ou to indicate on the cal
would available lUld return it to my office via facsimile. I
other two arbitrators, Daniel DeArment and Maria Cogn
appropriate Order scheduling the hearing.
Very truly Y urs,
n panel in the above referenced matter.
the end of the year, In scheduling this
ill not take more than one half a day.
ar any morning or afternoon which you
also, by copy of this letter, asking the
. to do the same. We will than issue the
MARTSON EARDORFF WILLIAMS & OTTO
George B. F ler, Jr.
GBF/mah
Enclosures
cc: I Maria Cogr.;etti, Esquire (w/enc)
Daniel DeAtment, Esquire (w/enc)
P:\PILS$\PA TAPlLWdIscW:bf.~,*, I
INfORMATION' ADVICE' ADVOCACY'"
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07/04/2001 13:52 9094058
COGNETTI & ASSOC.
PAGE 03
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. 'CAR'USLE, P~N,NSYLVANIA- 17013
TELEPHONE (717)243-3341
F ACS1MILE (711) 243-1850 '
INTERNET wWw..rn4wo.com
, Honorable GeorgeE:Hoffer
CumberlandGountyCourthou'se "
Carlisle,PAI7013
~~~~~~"'~' '"."~'ilii.l~fMJi~"'''''''''''''''_"",'''''''''''''''''''':l<--''':~'''''
.November 30, 2001,
" A:rrORNB'S' & to,UNS~LLORS' AT LAw
Wr(LIAM -F..'MARTSON
JQH'i B,FO';VLER III
EDWAR.D- L. SCHORPP
DANIEL K., DEARDORFF
THOMA.$ ].-WILLIAlv"fS *
, IvoV.OTT6 III
GEORGE B. fALLERJR.*
, CARL C. RJSCH
M"'RK A~ PENLfN(;EB,
,DAVID:R. GALLOWAY
'"BOARD CERTIFIEb_Crvll TRIAL $PECIAUST
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, EliZiLbetbJ.Lawrencev., Ll\wrertce,.Chevrolet Oldsmobile; 'Inc.
'No. 00-3445 CumlJerlandCounty C:C.P.
Deat J1idge Horfer: ,
, GBFltde
F:\J1ILES\DAtAFILE~SC\gbf-Jlt.l
Very truly yours,.
QRFF WILLIAMS$iOTTO
I.NFORMATIONo'ADVICE,. AD,VOCACy'M
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ELIZABETH J. LAWRENCE
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 00- ~~\.\5'
: OO-iH5 CIVIL TERM
v.
LAWRENCE CHEVROLET
OLDSMOBILE, INC.
IN RE: ARBITRATION
ORDER OF COURT
AND NOW, November 30, 2001, the Court having been informed
that the above-case has been settled prior to the scheduled hearing, the
panel of arbitrators previously appointed is vacated and the chairman,
George B. Faller, Jr., Esquire, shall be paid the sum of $50.00.
P.J.
George B. Faller, Jr., Esquire
Chairman ",,,Iu'. ~ ~ t:J-t;{"DI
Court Administrator ~ C-.f1-.
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ELIZABETH J. LAWRENCE
Plaintiff
: IN COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
vs.
: CIVIL DIVISION - LAW
: No. 00-3445
LAWRENCE CHEVROLET
OLDSMOBILE, INC.
Defendant
: IN ASSUMPSIT
PRAECIPE
TO PROTHONOTARY:
Please mark the above case settled and discontinued with prejudice and provide a certification
thereof. Please place in my file in the Prothonotary's office.
H. Broujos, Attorney for Plaintiff
. Hanover Street
Carlisle, P A 17013
717/243-4574; FAX 243-8227
PaBar 06268
August 9, 2002
cc: Donald M. Lewis ill, Esquire
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