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Home My WebLink About02-5892F !FILES!DATAFILE/DONEGAL DOC/218.COM I/tdc Created 11/04102034129PM Revised I2/10/02 I0:3I 08AM 3050218 JAMES D. ORR, Plaintiff GENERAL MOTORS CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- C1VIL ACTION- LAW JURY TRIAL DEMANDED 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 Plaintiffs. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Date: December 10, 2002 Anthony T. Lucido, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff, James Orr F:/FILES',DATAFILE/DONEGAL DOO21 $ COM 1 Created: I 1/04/02 03:43 34 pM Revised: 12/10/02 10:31:09AM JAMES D. ORR, Plaintiff GENERAL MOTORS CORPORATION, : Defendant : IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA NO. 02- C1VIL ACTION- LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, James D. Orr, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, files this Complaint against Defendant General Motors Corporation, and in support thereof, alleges the following: 1. Plaintiff James D. Orr is an adult individual residing at 5169 Conocodell Drive, Fayetteville, Pennsylvania 17222. 2. Defendant General Motors Corporation manufactures and sells Buick automobiles throughout the United States and regularly conducts business in Cumberland County, Pennsylvania. 3. In January 1999, Plaintiff purchased a new 1999 Buick Regal GS ("automobile") from one of Defendant's dealerships located in Halifax, Pennsylvania. 4. Defendant manufactured Plaintiff's automobile. 5. On June 21, 2002, Plaintiff was driving the automobile along Route 30 near McConnellsburg, Fulton County, Pennsylvania. 6. Plaintiff had just pulled off the road into the parking lot of the Mountain House Restaurant, when he noticed smoke coming from under the hood of the automobile. 7. Plaintiff turned off the ignition, opened the hood, and discovered that the engine compartment was engulfed in flames. 8. McConnellsburg fire and rescue personnel arrived on the scene and extinguished the fire, but not before the automobile was damaged beyond repair. 9. The appraised value of Plaintiff's automobile prior to the fire damage was $16,000.00. See the appraisal attached hereto and marked as Exhibit "A." 10. The estimated cost to repair the damage to Plaintiff's automobile caused by the fire exceeds $19,000.00; thus, the automobile is a total loss. See the repair estimate attached hereto and marked as Exhibit "B." 11. From the date of purchase to the time of the fire, nearly all regularly scheduled maintenance on the automobile was performed by Defendant's authorized dealership Jennings, General Motors, located in Chambersburg, Pennsylvania. 12. From the date of purehase to the time of the fire, Plaintiff's automobile was not involved in an accident or collision of any kind. 13. Plaintiffmade no modifications or alterations to the automobile. 14. Plaintiff followed all Defendant's recommendations for the proper use and maintenance of the automobile. COUNT I BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 15. The allegations in Paragraphs 1 through 14 above are incorporated by reference as though fully set forth herein. 16. The fire which destroyed Plaintiff' s automobile was caused by a manufacturing and/or design defect which existed at the time he purchased the vehicle. 17. The defect was the direct and proximate cause of the fire which destroyed Plaintiff's automobile. 18. 19. Plaintiff neither knew, nor had reason to know of the existence of the defect. The defect which caused the fire rendered Plaintiff' s automobile unfit for its intended, ordinary purpose. WHEREFORE, Plaintiff prays for judgment in his favor, together with interest, costs and all other relief the Court deems just and appropriate. COUNT II BREACH OF IMPLIED WARRANTY OF FITNESS 20. The allegations in Paragraphs I through 19 above are incorporated by reference as though fully set forth herein. 21. At the time of sale, Defendant and its authorized agents knew that Plaintiff intended to use the automobile to safely transport himself, his family, and other passengers over the public roads. 22. Plaintiff relied on Defendant and its authorized agents to sell him an automobile fit for his intended use and which did not pose an unreasonable danger to him or his passengers. 23. The defect which caused the fire rendered Plaintiff's automobile unfit for the specific purpose for which Plaintiff bought it. WHEREFORE, Plaintiff requests judgment in his favor, together with interest, costs and all other relief the Court deems just and appropriate. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By Anthony T. Lucido, Esquire I.D. No. Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 10, 2002 Attorneys for Plaintiff Exhibit A Office ("/17)939-9891 In~. Co. F&X (717) 939-1992 STARSINIC APPRAISAL SERVICE, iNC. E Mail sCarsinlc appr~comea~t.net Auto -- Heavy Equipment- Home Address PO. B~x 7462 = 638 So. 2nd Street AdJnste'r~ Steelton, PA 17113-0462 co,~P=ETE T., ~O~ ~O. ~= ~O~,L =O~S~ SALVAGE BIDS (If requested) BETT~R/~LENT. Descrlphon of old or u~.r. elated damage [] GUIDE BOOK METHOD ~EALER GUIDE BOOK .r,o~r~ ~moz vaxu~ sLYL~r~ $/d,5~ 7~' i AVERAGE ~ ~ ,~.~, U~ss e~'rtrm'nr~rr -. S~TOTAL ~ SALES TAX ~ 3 ¢ ~ TOTAL 1%~9 ~ ~. ~' Copy lo Owner ~ Ills, EXHIBIT "A" Exhibit B STARSINIC APPRAISAL SERVICE , Auto · Heavy Equipment · Home POST OFFICE BOX 7462 STEELTON, PA 17113-0462 PHONE 717-939-9891 FAX 717-939-1992 Date: 6/2~/02 08:15 AM Estimate ID: CF-0524-05 Estimate Version: 0 Committed Profile ID: Mitchell Damage A~sessed By: 151292 Gerald WaRoo Appraised For: DONEGAL / FORDHAM CondlUon Code: Date of Lo~s: Contract Date: Deductible: File Number: Claim Number: Telephone: Good Type of Loss: 6/21/02 Received 6/27/02 UNKNOWN PAE0522164-72 JAMEE & CYNTHIA ORR - 5169 CONOCODELL DRIVE FAYETTEVILLE, PA 17222 Work Phone: (717) 352*3222 Home Phone: (717) 352-2289 Mitchell Service: 912494 Description: 1999 Buick Regal G$ Vehicle Production Date: BodyStyle: 4D Sed DrlveTrain: V1N: 2G4WFS215X1445632 Llc~nse: Mileage: 37,000 OEM/ALT: A Search Code: Color: WHITE Options: Fire 6124/02 DPH-6723 PA B17113 ALUM/ALLOY WHEELS, AIR CONDITIONING, pOWER STEERING, POWER BRAKES. POWER WINDOWS POWER DOOR LOCKS, POWER SEATS, TILT STEERING WHEEL, CRUISE CONTROL ELECTRIC DEFOGGER, AM-FM STEREO CASSETTE, LEATHER 8EATS, PO~¥ER SUNROOF AUTOMATIC TRANSMISSION, COMPACT DISC PLA~ER4~IULTI, PASSENGER FRONT AIR BAG POWER REMOTE MIRROR, 4~OOOR. DRIVER FRONT AIR BAG, TURBOCHAEGED ENGINE ** ALL STIPPLEM~TAL REPAIRS MUST BE APPROVED PRIOR TO THEIR COMPLETION BY THE APPRAISER OR INSI/RANCE COMPAiTY ** SUPPLeMeNTAL CHARGE~ DISCLAIMER: Any supplemental repair charges may be rejected unless otherwise approved by the appraiser or insurance company prior to such supplemental repairs. All appraisals are subject to review by the assigning insurance company and/or their affiliates. company Line Entry Labor Line Item Part Type/ Item Number Type Operation Description Part Number Dollar Labor Amount Units 200006 BDY REMOVE/REPLACE 200007 BDY REMOVE/REPLACE 2020~5 BDY REMOVE~REPLACE 201127 BDY REMOVE/REPLACE 201129 BD¥ REMOVE/REPLaCE 201130 BDY REMOVF-JREPLACE INFORM LABEL FAN CAUTION 10120010 GM PART iNFORM LABEL A/C REFRIGERANT 10442041 GM PART INFORM LABEL EMISSION CONTROL ORDER FROM DEALER INFORM LABEL BELT ROUT[NO 24507218 OM PART INFORM LABEL RADIATOR FILL NOTICE 10291911 GM PART INFORM LABEL 10299514 GM PART ESTIMATE RECALL NUMBER: 6J28/02 08:14:43 CF-0524-05 U~traMste is a Trademark of Mitchell International Mitchell Data Version: JUN 02 A Copyright (C) 1994 - 2002 Mltchet[ International UltraMate Version: 4.8.009 AIl Rights Reset"ced 10.25 10.25 d7,SO Page 1 of 9 EXHIBIT "B" STARSINIC APPRAISAL SERVICE Auto · Heavy Equipment · Home POST OFFICE BOX 7462 STEELTO'N, PA 17113-0462 PHONE 717-cj39-9891 FAX 717-9;39-1'992 7 AUTO BOY OVERHAUL 8 200017 BDY REMOVE/REPLACE 8 AUTO REF REFINISH 10 201718 EIOY REMOVE/REPLACE 11 201359 BOY REMOVE/REPLACE 12 201353 BOY REMOVE/REPLACE 13 200023 BOY REMOVE~REPLACE 14 200025 BOY REMOVE/REPLACE 15 200028 BDY REMOVE/REPLACE 16 200122 BDY REMOVE/REPLACE 17 200030 BDY REMOVE/REPLACE 18 200032 BOY REMOVE/REPLACE 19 200034 SDY REMOVE/REPLACE 20 200034 SOY REMOVE/REPLACE 21 200035 BDY REMOVE/REPLACE 22 AUTO REF REFINISH 23 200036 BOY REMOVE/REPLACE 24 2O0037 E, DY REMOVE/REPLAC E 20 AUTO REP REFINISH 26 200039 BOY REMOVE/REPLACE 27 202270 BDY REMOVE/REPLACE 28 202078 BOY REMOVE/REPLACE 29 200043 BOY REMOVE/REPLACE 30 AUTO BOY CHECKjADJUST 31 2000~4 BOY REMOVE/REPLACE ~;. 200047 I~DY REMOVE/REPLACE 33 200048 BDY REMOVE/REPLACE ~4 200049 BOY REMOVE/REPLACE 35 200060 BOY REMOVE/REPLACE 36 200051 BDY REMOVE/REPLACE 37 200052 BOY REMOVE/REPLACE 38 200053 BOY REMOVE/REPLACE 39 200054 BOY REMOVE/REPLACE 40 200055 BOY REMOVE/REPLACE 41 200056 BOY REMOVE/REPLACE 42 200057 BOY REMOVE/REPLACE 43 200008 BOY REMOVE/Ia:E P LACE 44 200072 BOY REMOVE/REPLACE 45 AUTO REF REFINISH 46 AUTO REP REFINISH 47 200073 BOY REMOVE/REPLACE 48 200074 BOY REMOVE/REPLACE 49 200074 BDY REMOVE/REPLACE 80 200074 BOY REMOVE/REPLACE 51 200075 BDY ~MOVF-/REPLACE 52 200076 BOY REMOVE/REPLACE 53 200077 BOY REMOVE/REPLACE 54 202080 BOY REMOVE/REPLACE 55 200081 DDY REMOVE/REPLACE 56 200082 BOY REMOVE/REPLACE -=7 201362 BDY REMOVE/REPLACE ESTIMATE RECALL Mitchell Data Version; UllraMa~ Version: FRT COVER ASSY FRT BUMPER COVER FRT BUMPER COVER FRT UPR BUMPER COVER RETAINER FRT LWR BUMPER COVER RETAINER FRT BUMPER COVER MLDG FRT BUMPER LICENSE BRACKET R FRT BUMPER AIR DEFLECTOR · L FRT BUMPER AIR DEFLECTOR FRT LWR BUMPER AIR DEFLECTOR - FRT LWR BUMPER DEFLECTOR SUPPORT ' FRT BUMPER IMPACT CUSHION FRT BUMPER RETAINER FRT BUMPER RETAINER FRT BUMPER IMPACT BAR FRT BUMPER REINF FRT CTR BUMPER COVER SUPPORT R PRT BUMPER BRACKET -~ R FRT BRACKET FRT UPR BUMPER COVER SUPPORT GRILLE GRILLE EMBLEM R FULAMP LENS & HOUSING HEADLAMPS L H/LAMP LENS & HOUSING HOOD PANEL NUMBER: 6/28/02 08:14:43 CF~0524-05 UltraMale 19 a Trademark of Mitchell International JUN_02_A Copyright (C) 1994 - 2002 Mitchell International 4.8.009 All Rlgl~t~ Re~$rved Date: 6/28/02 08:15 AM E~timate ID: CF-0524-05 Estimate Version: 0 Committed Profile ID; MRche0 2.2 · - Aftermarket 275,00 INC # C 2.1 20684092 GM PART 0,60 INC 5973400 GM pART 1.10 INC -Aftermarket 8,00 INC 10290380 GM PART 8.30 INC 10406492 GM PART 3.70 INC 10406493 GM PA~T 3.70 INC 10436318 GM PART 37.10 INC 10255147 GM PART 25.50 INC 1O422631 GM pART 123.36 INC 21077131 GM PART 1_10 INC 21077131 GM PART t.t0 INC -Aftermarket 61.18 INC C 1.0 10269381 GM pART 25.50 INC 10241022 OM PART t2.80 0.8 · 0.4 10296262 GM PART 34.30 INC 10417192 GM pART 137.50 INC · 10273068 GM PART 10.00 INC # -- Aftermarket 177.00 INC 0.3 - Aftermarket 177.00 INC 10405573 GM PART 15.90 10405872 GM PART 15.80 -- Af~rmarket 8.30 INC · - Aftermarket 8,39 ~NC = ~ Aftermarket 8.39 INC # -Aftermarket 8.39 INC · 12450182 GM PART 7.42 ]NC # 12450t82 GM PART 7.42 tNC # 9442003 GM PART 1.48 INC # 9442003 GM PART 1.48 INC # 942t330 GM PART 0.62 lNG # 9421330 GM PAR1' 0.62 INC # --Aftermarket 347.00 1.1 C 2.8 C 1.4 10413438 OM PART 51.80 INC 20064875 GM PART 1.30 20064875 GM PART t.30 20064875 GM PART 1.30 10250198 GM PART 17~80 ]NC 10423017 GM PART 24,47 INC 10405763 GM PART 15,60 INC · 10436319 GM PART 13.23 t,1 10441062 GM PART 22,31 0,2 104~1062 GM PART 22,31 0,2 52476952 OM PART 49e.86 INC Page 2 of 9 STARSINIC APPRAISAL SERVICE Auto · Heevy Equipment * Home POST OFFICE BOX 7462 STEELTON, PA 17113-0462 PHONE 717-939-9891 FAX 717-939-1992 COOLING RADIATOR FILLER CAP R UPR COOLING RAD MTG L UPR COOLING ~ MTG BRIC' R LWR COOLING RA~)IATOR MOUNT L L~ C~UNG ~R MOUNT .M -M ,,M -M IOE 200144 BD¥ REMOVE/REPLACE R FENDER SPLASH SHIELD PROTECTOR Committed Profile ID: Mltche# 10263810 GM PART 10Z92575 eM P~T 3-~ 12365300 GM P~ 98.47 lNG 10227086 GM P~T 5-~ - ~erma~et 2.~ Page 3 of 9 UltraMate Is a Trademark of MEchell International Mitchell Data Ver~loo: JUN_OZ_A Copy~igh! (C) 1~ · 2002 Mitchell International STARSlNIC APPRAISAL SERVICE Auto · Heavy Equipment · Home POST OFFICE BOX 7482 STEELTON, PA 17113-0462 PHONE 717-939,9891 FAX 717-939~1992 109 200145 BDY REMOVE/REPLACE 110 200146 BDY REMOVE/REPLACE tll 200147 BDY REMOVE/REPLACE 112 2O0153 BDY REMOVE/REPLACE 113 AUTO REF REFINISH 114 20232~ BDY REMOVE/REPLACE tt5 200211 MCH RleMOVBJREPLACE 116 201573 MCH R~MOVE/REPLACE 117 201874 MCH REMOV~/REFLAC;E 1t8 201~80 MCH REMOVPJREPLACE 119 201501 MCR BEMOVE/REPLACE L FENDER SPLASH SHIELD PROTECTOR L FENDER INSULATOR FRONT BODY RADIATOR SUPPORT ,B RADIATOR SUPPORT COMPLETE UPR COOLING RAD~TOR SEAL DISABLE & ENABLE AIR BAG SYSTEM -M BRAKE MA8TER C~IND~R 8~E BOOSTER L FRT ~8 H~NESS FRT 8USP COMPONENT8 FRT ~USP B~E P~ ~ -M R FRT ~U~P B~E R L~ FRT ~USP C~TROL R FRT SUSP BUMPER -M L FRT $USP ~SU~TOR R FRT SUSP SHIELD t59 200428 BDY REMOVEJREPLACE L ENG SUPTBTRUT BRACKET ESTIMATE RECAU. NUMBER: 6J2~/02 DB:14.:43 Mitchell Data Version: JUN_02_A UltraMlta Version: 4.8.00g -M 10428805 GM PART 2.1.22 0.5 ORDER FROM DEALER ZTT.00 IHt ORDER FROM DEALER 415.00 2.2 # 12159672 GM PA~T 55.3~ 0.5 12'189873 GM PART S5.38 0.8 5.8 7470017 OM PART 3~0.00 INC · 74700'17 GM PART 390.00 INC # 180~5380 OM PART 73.13 INC # 22183414 GM pART 24.92 INC # 22163577 GM PART 24,92 INC # STARSINIC APPRAISAL SERVICE Auto * Heevy Equipmenf · Home POST OFFICE BOX 7462 STEELTON, PA 17113-0462 :~HONE 71'/'-939-9891 FAX 717-939.,t 9~, 160 200429 BDY REMOVE/REPlACE 161 20~.30 BDY REMOVE/REPLACE 152 200431 BOY REMOVE~REpLACE 163 200432 BDY REMO~.JREPLACE 164 206433 BDY REMOVE/REPLACE R ENO SUPT MOUNT STRUT ENG 8UPT MOUNT aTRUT R FRT aUSP $T~UT BRACKET FLGX A~DIT;VE (1) FREON & OIL (R-12) FOUR ~141EE~. ALIQNMEH'~ 10271,~&2 GM PART 23,97 INC # 1027t~62 GM PART 23.g? ~NC # 1024~884 GM PAJ~T t0,35 5,2 # 10302509 QM PART 46.49 INC it 12566159 GMPAKT 40.75 tNC # 24.~05572 GM PART t$.00' INC 245086'/0 GM P~T 48.50 0.S 250995O0 GM pART 71.50 * - Judgement Item # - Labor Note Applies d - Discontinued by the Manufacturer R - OEM Remenufactured Pert - Aftermarket - AFTERMARKET CAPA STARSINIC APPRAISAL SERVICE' Auto · Heevy Equipment * Home PO~FT' OFFICE BOX 7402 STEELTON, PA 17113-0462 PHONE 71'~.930-0891 FAX 71'~-939~1992 HA, PA AUTO PART8 CALL YOUR LOCAL 8TORE OR CALL I-aOO-t. ET-NAPA CtCION! DID'rRIBUTING 442 3- CHURCH STREET H~ZELTON PA 18201 (800) 582~16 (717) 455-3697 21 ** CENT4=97 t0t --124551O3 89.02 Date: 6/28/02 0~:t$ AM bflmata lC: CF-0524-OE E$tlmBte Ver~lo~: 0 profile ID: Mitchell KEY~TON I; AUTOMOTIVE 576 MARyLAND AVE. YORK PA 17404 (7~7) ~43-~2T (800) $24-434G ' GM4000541 8.0G tTT.OO 177.00 t46.00 FIRE IN ENGINE COMPARTMENT Prior O~rnage NONE Page 6 of STARSINIC APPRAISAL SERVICE Auto * Heavy Equipment · Hom~ pOST OFFICE BOX 7462 STEELTON, PA 17113-0462 P HO NE 717-939-9891 FAX 717-939- t992 Date: 6/2~/02 08:15 AM Estimate ID: CF-0524-05 Estimate Version; 0 Committed Profile ID: Mitchell ** KEY TO ABBREVIATIONS USED IN APPI~A~SAL$ ~* LABOR TYPES= BDY-Bod¥ BDS- Body Structure REF-RBfinish GLS-Glass F~M-Frame MCHoMechanical ADDITIONAL OPE~ATIONS/ITEMS=ADD'L-Additional OPR- Operation QTR-Quarter FNDR- Fender FRT- Front RR- Rear L- Left R- Right UPR- Upper LWR- Lower OTR- Outer IiTR-Inner ASSY- Assembly Susp-Suspenston EXT- Extension BRKT-Bracket INST-Instrument RECON- Recondition ATG- Assembly Time ~ide QUAL-Quality REPL-Replacement MLDGr M°lding AM-Aftermarket OEM- original Equipment Manufacturer~O/H- Overhaul A/C- Air conditioner INCL-Included R&I- Remove and Install R&R- Remove and Replace RAD- Radiator SUPT- Support H/LAM~- Headlamp W/SHIELD-Windshield W/s-Windshield W/O-wheel Opening H/L- Headla~np T/L- Taillamp MISC-Miscellaneous FRAUD DISCLOSURE: Any person who knowingly and with intent to injure or defraud any insurance company or other person files an application for insurance or statement of claim containing any materially ~alse information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects the person to criminal and cavil penalties, Add't Labor Sublet tabor Subtotats Unite Rate Atttount Arrtount Total~ II. Part Replacement Summary Body 31.4 38.00 10.00 250.00 1,~3.20 T Taxable Parts Refinish 20.7 38.00 0.00 0.O0 786.60 T Parts Adjustments Glebe 2,0 36.00 0.00 0.00 78.00 1' Sales Tax Mechanical 47.6 45.00 0.00 0.00 2.142.00 T Total Replacement Parts A~ount Taxable Labor 4,457.80 Labor Tax ~ 6.000 % 267.a7 Labor Summary 101.7 4,725~.7 6.0~%, Ill. Additional Co~ts Amount iV. Adjustments Taxable Costs 387.60 Customer Responsibility Sales, Tax ~ 6,000% 23.26 Non-Taxable Costs 85.0~ Totm Additional Coats 495.86 I. To,al Labor: II. 1,otal Replacement Parts: IlL Total Additional Costs: Gross Total: ESTIMATE RECALL NUMBER: 6/28/02 08:14:43 CF~624-06 ~ UltraMate 19 a Trademark of Mltghell tnternational Ultchell Data Version: JUN_O2_A Copyright (C) 1994 o 2002 Mitchell International UitraMata Version: 4.~.009 All Rights Reserved Page 7 4,725. 19,372. of 9 STARSINIC APPRAISAL SERVICE Auto · Heavy Equipment Home POST OFFICE BOX 7462 STEELTON, PA 17113-0462 FAX 717-939-1992 3HONE 717;939-9891 tV. To{al AdjustmentS= Nit Total: 0.00 19,372.~-~ Pol~t(~,) of Impact 15 Non-Colli·ion (S) Body Shop: R~PAIR COST DISCLOgUREz Costs responsibility o~ the vehicle owner. IpspectJon Site: RIFE MOTORS CHAMBERSBURG, PA PARTS LOCATIONS= OHM parts can be obtained at an OEM de&lership. The names of where an~ non-O~M parts used can be purchased is listed above AFTERMARKET CRASH PARTS(AFTERMARKET or AFTERMARKET CA~A)~ A non-original equipment manufacturer (non-oem) replacement part, either new or ~sed, ~or any of ~he non-mechanical parrs that genteelly constitute =he exterior of the motor vehicle, including l~z~er and outer panels. This appraisal will indicate if aEter~arket crash parts are specified by stating .Aftermarket" or aAftermarket CA~A". I~ ~se of such parts voids the warranty on ~he part being replaced or any other part, the al=az-market crash par= shall have a warranty equal to or better than the remainder o~ the existing warral~ty. QUALITY RECYCLED pARTS/USHD(QUAL KECI'CLED PART)~!f appraisal speaifies recycled parts they must be of like kin~ and quality or be~ter than ~hose being replaced. AI~I~HORTZATION TO REPAIR: This is not an authorization to repair Vehicle owner is responsible for authorizing shop to beg~n repairs. If vehicle owner is a third party or claimant, the insurance company P~ $ of 9 STARSINIC APPRAISAL sERVICE AutO · Heavy Equipment · Home POST OFFICE BOX 7462 STEELTON, PA 17113-0462 3HONE 717-939-9891 FAX 717'939-1992 DaM: 6/28/02 08:tS AM E~tlrnate II): CF-0524-05 Cornel{ted Profile ID: Mitchell ehould be contacted to con£ir~ lia~ili=y coverage before authorizing repairs · C~STOM~R CHOICE OF SHOPS: Selec=ion o~ the repair shop is the rempo~eibility o£ the vehicle ~er. Vehicle ~er is under no provide, upon re~e~=, info~tion regarding repair ~aciliEies ~ha[ (~1~RGES DISCLAIMER: A~y additional towing or storage charges incurred become the re~pon~ibili=y of =he veki¢le owner after · bime ~ra~e determined by the insurer. All ap[~raisals ar~ subject no review by the aseigning insure=ce APPROXIMATE DAYS TO ~EPAIa J L. D. aIVBPJ%BLE (¥ Or N)_~/ COPY TO= INS. Co. ~ OWNER ~ REPAIRER PaG~ S c~' VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to ~ ~ criminal penalties. ~,~ ja~~''r _ F:/FILES/DATAFILE/DONEGAL DOC/218 COMI ~ECEIVEL DEC, 0 ~ 2002 ~ Ii fl\Air IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES D. ORR, Plaintiff, Vo GENERAL MOTORS CORPORATION, Defendant. CIVIL ACTION- LAW No. 02-5892 pI~kECIPE FOR APPEARANCE Filed on Behalf of Defendant, General Motors Corporation Counsel of Record for this Party: Daniel B. McLane Pa. I.D. No. 77019 Paula I. Allan Pa.. I.D. No. 89224 ECKERT SEAMANS CHERIN & MELLOTT, LLC Firm No. 075 U..S. Steel Tower, 44th Floor 6(}0 Grant Street Pittsburgh, Pennsylvania 15219 412.566.6000 412.566.6099 (facsimile) JURY TRIAL DEMANDED IN THE COURT OF cOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES D. ORR Plaintiff, GENERAL MOTORS CORPORATION, Defendant. CIVIl., ACTION- LAW No. 02-5892 JURY TRIAL DEMANDED PRAECIPE FOR APPEARAN~CE TO: Prothonotary, Cumberland County Kindly enter the appearance of Daniel B. McLane and Paula J. Allan of Eckert Seamans Cherin & Mellott, LLC, on behalf of defendant, General Motor's Corporation, in the above- captioned matter. Re sp/0et~lly~ub/~xfitted, Daniel B. McLane ~.~ Pa. I.D. No. 77019 Paula J. Allan Pa. I.D. No. 89224 Eckert Seamans Cherin & Mellott, LLC U.S. Steel Tower, 44th Floor 600 Grant Street Pittsburgh, Pennsylvania 15219 412.566.6000 Attorneys for General Motors Corporation Dated: January 7, 2003 CERTIFICATE OF SERVICE~ I hereby certify that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been served upon the following counsel of record by U.S. first class mail, postage prepaid, this 7th day of January, 2003: Anthony T. Lucido, Esquire Ten East High Street Carlisle, Pennsylvania 17013 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05892 P COMMONWEALTH OF PENNSYLVANIA: COI/NTY OF CUMBERLAND ORR JAMES D VS GENERAL MOTORS CORPOPATION R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GENERAL MOTORS CORPORATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 13th , 2003 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Philadelphia 116.00 .00 153.00 o / 3/2oo3 MDW&O Sheriff of Cumberland County Sworn and subscribed to before me this /~'~ day o f~_~_ , ! ~3 A.D. / ! Prothondt~r~ In The Court of Common Pleas of Cvjnberland County, Pennsylvania James D..Orr VS. General Motors Corporation SERVE: same 02 5892 civil No. Now, December 11, 2002 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do ' hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA upon at by handing to Affidavit of Service O ,20 0~, at c~_, ~)(j o'clock M. s .ey~edlthe ~)~¢ t copy of the original and made known to Sworn and subscribed before me this 1~+~' day of~, 20 c5_ ? the contents thereof. So answers, ' ..q/a~-iff-uf-- _ / --~ount~ COSTS $ SERVICE MILEAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES D. ORR, Plaintiff, V. GENERAL MOTORS CORPORATION, Defendant. CIVIL ACTION- LAW No. 02-5892 ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Filed on Behalf of Defendant, General Motors Corporation Counsel of Record for this Party: Daniel B. McLane Pa. I.D. No. 77019 Paula J. Allan Pa. I.D. No. 89224 ECKERT SEAMANS CHERIN & MELLOTT, LLC Firm No. 075 U.S. Steel Tower, 44th Floor 600 Grant Street Pittsburgh, Pennsylvania 15219 412.566.6000 412.566.6099 (facsimile) JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES D. ORR, Plaintiff, Vo GENERAL MOTORS CORPORATION, Defendant. To: CIVIL ACTION- LAW No. 02-5892 JURY TRIAL DEMANDED NOTICE TO PLEAD Anthony T. Lucido, Esquire Ten East High Street Carlisle, Pennsylvania 17013 You are hereby notified to plead to the within New Matter within twenty (20) days after service hereof, or a judgment may be entered against you. RespeCtfUlly submitted, Da~'~ie~B.~ne)/tffff~/~ Pa. I.D. No. 77019 Paula J. Allan Pa. I.D. No. 89224 Eckert Seamans Cherin & Mellott, LLC Firm No. 075 U.S. Steel Tower, 44th Floor 600 Grant Street Pittsburgh, Pennsylvania 15219 412.566.6000 Dated: January D-, 2003 Attorneys for General Motors Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES D. ORR, Plaintiff, Vo GENERAL MOTORS CORPORATION, Defendant. C1VIL ACTION- LAW No. 02-5892 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF GENERAL MOTORS CORPORATION General Motors Corporation ("General Motors") by and through its attorneys, Eckert Seamans Cherin & Mellott, LLC, serves the following Answer and New Matter to Plaintiff's Complaint. ANSWER 1. The allegations contained in paragraphs 1, 3, and 5-14 of the Complaint are denied in that after reasonable investigation General Motors is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and strict proof of the same is demanded at the time of trial. 2. The allegations contained in paragraph 2 of the Complaint are denied as stated. General Motors has conducted business within the Commonwealth of Pennsylvania. General Motors is in the business of designing, manufacturing in part, and selling automobiles to authorized dealers. 3. Paragraph 4 of the Complaint states that General Motors "manufactured Plaintiff's automobile." General Motors has not had the opportunity to investigate the plaintiff's claims, inspect the vehicle, or conduct discovery. Therefore, any and all allegations identifying General Motors as the manufacturer of the vehicle alleged to have been involved in this incident are specifically denied and strict proof of the same is demanded at the time of trial. 4. General Motors denies each and every remaining allegation of fact contained in paragraphs 15 through 23 of the Complaint which are not specifically admitted herein pursuant to Pa.R.C.P. No. 1029(e) and strict proof thereof is demanded at the time of trial. WHEREFORE, General Motors demands judgment in its favor dismissing, with prejudice, the plaintiff's Complaint and awarding all of its costs and expenses of suit, including attorneys' fees, together with such other and further relief as the Court deems appropriate. NEW MATTER By way of further answer to the allegations contained within the Complaint, General Motors sets forth the following New Matter: 5. The plaintiff's Complaint, read in its entirety, fails to state a claim or cause of action upon which relief may be granted. 6. Count I of the plaintiff's Complaint, read in its entirety, fails to state a claim or cause of action against General Motors upon which relief may be granted. 7. Count II of plaintiff's Complaint, read in its entirety, fails to state a claim or cause of action against General Motors upon which relief may be granted. 8. Some or all of the plaintiff's claims may be barred by the expiration of the applicable statutes of limitations for such actions. Therefore, the plaintiff is not entitled to recover from General Motors. 9. General Motors raises, as a complete defense to some or all of plaintiff's claims for damages, plaintiff's assumption of a known risk. 4 10. There exists no proximate cause between any of the plaintiff's alleged damages and any alleged act or omission on the part of General Motors. Therefore, the plaintiff is not entitled to recover from General Motors. 11. The acts and/or omissions of other individuals or entities, over which General Motors exercised no control, constitute intervening or superseding causes for the damages allegedly sustained by the plaintiff. 12. Plaintiff's alleged damages were solely the result of acts, omissions and/or tortious conduct of other persons or entities over which General Motors exercised no control, including plaintiff's or others' negligent maintenance and/or operation of the vehicle prior to and at the time of the alleged incident. 13. General Motors believes, and therefore avers, that any of the damages alleged by the plaintiff were directly or proximately caused by plaintiff's own contributory negligence and are therefore barred, in whole or in part, by the applicable provisions of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. § 7102. 14. To the extent that the "1999 Buick Regal GS" was in fact designed, manufactured in part, and distributed by General Motors, the vehicle complied with all applicable Federal Motor Vehicle Safety Standards which existed at the time the vehicle was originally designed, manufactured in part, and distributed by General Motors. 15. The damages complained of may have been the direct and proximate result of the plaintiff's failure to take all reasonable steps to reduce and/or mitigate the potential for damage. Therefore, the plaintiff is not entitled to recover against General Motors. 16. General Motors believes, and therefore avers, that any of the damages alleged by the plaintiff were directly or proximately caused by the negligence of the plaintiff or others in the reckless, careless, and negligent manner in which he operated the vehicle. 17. General Motors believes, and therefore avers, that the damages alleged by the plaintiff in the Complaint are the direct and proximate result of misuse and/or abuse of the vehicle by the plaintiff and/or others prior to and/or at the time of the incident. 18. General Motors believes, and therefore avers, that the damages alleged by the plaintiff in the Complaint are the direct and proximate result of the plaintiff's or others failure to properly maintain the subject vehicle prior to and/or at the time of the incident. 19. General Motors believes, and therefore avers, that the damages alleged by the plaintiff in the Complaint are the direct and proximate result of modifications made to the vehicle by plaintiff or others prior to and/or at the time of the incident. 20. General Motors is entitled to a set-off from any recovery against it to the extent of any and all benefits paid or payable to or on behalf of plaintiff from any and all collateral sources to the extent such a set-off is permissible under the law applicable to this case. 21. To the extent that the "1999 Buick Regal GS" was in fact designed, manufactured in part, and distributed by General Motors, the plaintiff's vehicle complied with the state of the art at the time it was designed, manufactured in part, and distributed by General Motors. The methods, standards, and techniques utilized by General Motors were in conformity with the generally recognized state of knowledge in the automotive field at the time of the manufacture of the subject vehicle. 22. The express warranties contained in the New Vehicle Warranty Booklet that would have been provided with the vehicle at the time of the original sale are exclusive and were 6 given in lieu of the other warranties, express or implied. Further, General Motors complied with the terms and conditions of any and all warranties applicable to this claim 23. Plaintiff's claims are barred in whole or in part by the economic loss doctrine. 24. Plaintiff has failed to join all necessary and indispensable parties to this action. 25. General Motors reserves the right to amend this New Matter to raise additional affirmative defenses which may be disclosed during the investigation of this case or through the discovery process. WHEREFORE, General Motors demands judgment in its favor dismissing, with prejudice, the plaintiff's Complaint and awarding all its costs and expenses of suit, including attorneys' fees, together with such other and further relief as the Court deems appropriate. Dated: January iD , 2003 Respectfully submitted, Daniel B. McLane ( Pa. I.D. No. 77019 Paula J. Allan Pa. I.D. No. 89224 Eckert Seamans Cherin & Mellott, LLC Firm No. 075 U.S. Steel Tower, 44th Floor 600 Grant Street Pittsburgh, Pennsylvania 15219 412.566.6000 412.566.6099 (facsimile) Attorneys for General Motors Corporation VERIFICATION STATE OF MICHIGAN ) ) ss. COUNTY OF WAYNE ) Susan Moss says that she is authorized by General Motors Corporation under applicable law and rules to verify and does verify these ANSWI~R AND NEW MATTER TO PLAINTIFF'S COMPLAINT on behalf of General Motors Corporation. Susan Moss Authorized Agent CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of the foregoing ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT was served on counsel of record by U.S. First Class Mail, postage prepaid, this i,~-~day of January, 2003, addressed as follows: Anthony T. Lucido, Esquire Ten East High Street Carlisle, Pennsylvania 17013 Paula J. Allan F:~F1LES~DATAFILE\DONEGAL.DOC~218 .res 1/tde Created: 1/22/03 4:24:09 PM Revised: 1/24/03 10:45:32 AM JAMES D. ORR P V GENERAL MO RESPON M AND N DEARDORFF 5-13· conclusions of 14. of the avermenl thereof is dema 15-20· responsive ple~ 21. of the avermenl thereof is dem~ 22-25· pleading is req WHER fees, costs and Date: Janua~ [aintiff ' ['ORS CORPORATION, ' ~efendant ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5892 CIVIL ACTION - LAW JURY TRIAL DEMANDED SE OF PLAINTIFF, JAMES D. ORR, TO DEFENDANT GENERAL DTORS CORPORATION'S ANSWER WITlt NEW MATTER DW, comes Plaintiff, James D. Orr, by and through his attorneys, MARTSON ¢VILLLAMS & OTTO, and hereby avers as follows: ?he averments contained in Paragraphs 5 through 13 of Defendant's New Matter are ~w to which no responsive pleading is required. ~laintiffis without knowledge or information sufficient to form a belief as to the truth ~ contained in Paragraph 14. Accordingly, said awerments are denied and strict proof aded at time of trial. Fhe averments in contained in Paragraphs 15-20 are conclusions of law to which no ding is required. ?laintiffis without knowledge or information sufficient to form a belief as to the truth . contained in Paragraph 21. Accordingly, said averments are denied and strict proof ~ded at time of trial. :he averments of 22 through 25 are conclusions of law to which no responsive aired. EFORE, Plaintiff, James D. Orr, demands judgment in his favor, along with attorney's all other such relief that the Court deems just and appropriate. y 24,2OO3 Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By 3~'~ &~ Anthony T. Lucido, Esquire I.D. No. 76582. Ten East High Street Carlisle, PA 1'7013 (717) 243-3341 Attorneys for Plaintiff I, Tricia certify that a co in the Post Offi CERTIFICATE OF SERVICE D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby >y of the foregoing Answer to New Matter was served this date by depositing same :e at Carlisle, PA, first class mail, postage prepmd, addressed as follows: Paula J. Allan, Esquire ECKERT SEAMANS CHERIN & MELLOTT, LLC U.S. Steel Tower 600 Grant Street, 44th Floor Pittsburgh, PA 15219 MARTSON DEARDORFF WILLIAMS & OTTO Carlisle, PA 17013 (717) 243-3341 Dated: Januap 24, 2003 F:\FILES~DATAFILE~Donegal3050~Documents~218 pral/ajt Created: 1/22/03 4:24:09 PM Revised: 4/3/03 8: ! 7:40 AM 3050218 JAMES D. ORR, Plaintiff GENERAL MOTORS CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5892 CWIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above case settled and discontinued, with prejudice. Date: April 3, 2003 Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By ~--~ Anthony T. Lucido, Esquire I.D. No. 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paula J. Allan, Esquire ECKERT SEAMANS CHERIN & MELLOTT, LLC U.S. Steel Tower 600 Grant Street, 44th Floor Pittsburgh, PA 15219 MARTSON DEARDORFF WILLIAMS & OTTO Ar~i J. Thur~na Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 3, 2003