Loading...
HomeMy WebLinkAbout07-1141 Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law. corn PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. GEILING, Plaintiff NO. 07- 11g1 CIVIL TERM V. GENERAL MOTORS CORPORATION, CIVIL ACTION - LAW Defendant 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 of 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 I IN Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. GEILING, Plaintiff NO. 07- //'-// CIVIL TERM V. GENERAL MOTORS CORPORATION, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiff, CHRISTINA M. GEILING, by and through her attorney, Joseph K. Goldberg, Esquire, who brings this action under the Pennsylvania Automobile Lemon Law (hereinafter "Lemon Law"), 73 P.S. § 1951, et seq.; the Pennsylvania Unfair Trade Practices and Consumer Protection Law (hereinafter "Consumer Protection Law"), 73 P.S. § 201-1, etseq; and the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, et seq., and in support thereof avers as follows: 1. Plaintiff, Christina M. Geiling, is an adult individual who resides at 980 Torway Road, Gardners, Cumberland County, PA 17324. 2. Defendant General Motors Corporation is a Delaware corporation registered to do business in the Commonwealth of Pennsylvania, with a registered agent and address c/o C.T. Corporation Systems, 1635 Market Street, Philadelphia, PA 19103. 3. Defendant is a "manufacturer" - as that term is defined by § 1952 of the 1 .] Lemon Law - of motor vehicles and sells its products through licensed dealers at various locations throughout the Commonwealth, including in Cumberland County through Lawrence Chevrolet, 6445 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 4. On December 11, 2004, Plaintiff purchased a new motor vehicle, manufactured by Defendant, from Lawrence Chevrolet, in Cumberland County. 5. The vehicle purchased is a 2005 Chevrolet Malibu, Vehicle Identification Number 1G1ZT54855F159489. 6. Plaintiff purchased the vehicle primarily for personal, family and household purposes. 7. From the time of purchase to the present, the vehicle has been titled in the Commonwealth of Pennsylvania. 8. At the time of purchase, the Plaintiff received a written warranty from the manufacturer, a copy of which is attached hereto as Exhibit A. 9. Within the first three months of purchase, the vehicle manifested a defect which substantially impairs its safety, use and value, and which continues through the present. This nonconformity is an unknown defect which has manifested itself in the form the starter staying engaged after the car has started, and the engine still trying to "turn over" and start, even though it has already started. 10. The first appearance of the nonconformity occurred within approximately three months of the Plaintiff's purchase of the vehicle. 11. Plaintiff's first report of the nonconformity to Defendant took place with 7,397 miles on the vehicle's odometer. 12. Despite repeated repair attempts, the defect persists. The Plaintiff 2 1 1 brought the car to the Defendant's authorized dealer/repair facility, Lawrence Chevrolet, on the following nine (9) occasions for the purpose of repairing the nonconformity: a) April 12, 2005 b) May 2, 2005 c) May 19, 2005 d) July 6, 2005 e) September 28, 2005 D November 10, 2005 g) February 6, 2005 h) August 30, 2006 i) November 8, 2006 13. The Defendant has failed to correct the nonconformity. 14. Plaintiff has personally notified the customer assistance center of Defendant of the existence of the nonconformity on numerous occasions. 15. The amounts demanded by Plaintiff exceed $35,000.00 dollars, thereby making this action not subject to compulsory arbitration. COUNTI VIOLATION OF THE LEMON LAW 16. Paragraphs 1 through 15 are incorporated herein by reference as if set forth fully herein. 17. The vehicle sold to Plaintiff contains a nonconformity which substantially impairs the safety, use and value of the vehicle. 18. The vehicle has been subject to repair attempts in excess of three times 3 for the nonconformity. 19. The Defendant has failed to remedy the nonconformity. 20. The Plaintiff has exhausted all available remedies required prior to institution of this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant judgment in favor of Plaintiff and against Defendant as follows: a) judgment in the amount of $23,456.87 (which represents Plaintiff's entire purchase price of the vehicle, plus all collateral charges, less rebate supplied by Defendant), plus interest paid on her automobile loan, less a reasonable allowance for usage prior to the first occurrence of the defect not to exceed the lesser of $.10 per mile driven prior to the first report of the defect, or ten percent (10%) of the purchase price; b) an award of Plaintiff's attorney's fees and all costs; and c) such other relief the court deems just and proper. COUNT II VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 21. Paragraphs 1 through 20 are incorporated herein by reference as if set forth fully herein. 22. At all times relevant hereto, Defendant was engaged in trade or commerce as defined in Section 2(3) of the Consumer Protection Law, 73 P.S. § 201- 2(3). 23. Pursuant to Section 9.2 of the Consumer Protection Law, Plaintiff avers that Defendant's acts violate Section 3 of the Consumer Protection Law, 73 P.S. § 201- 4 3, by violating the following subsections of Section 2(4) of the Consumer Protection Law, 73 P.S. § 201-2(4): (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (ix) Advertising goods or services with intent not to sell them as advertised; (xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made; (xxii) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 24. Defendant's violations of the Lemon Law as alleged in Count I are also violations of the Consumer Protection Law by virtue of the Lemon Law at 73 P.S. § 1961. 25. As a result of Defendant's violations of the Consumer Protection Law, Plaintiff has suffered an ascertainable loss of money or property, in that his vehicle is significantly reduced in value. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant judgment in favor of Plaintiff and against Defendant as follows: a) a judgment in the amount of three times the loss suffered by Plaintiff as proven at trial of this matter, which is at least $70,370.61; b) an award of attorney's fees and all costs of Plaintiff; and, c) such other relief the court deems just and proper. 5 COUNT III VIOLATION OF THE MAGNUSON-MOSS WARRANTY ACT 26. Paragraphs 1 through 25 are incorporated herein by reference as if set forth fully herein. 27. The subject vehicle is a consumer product, the Defendant is a warrantor, and Plaintiff is a consumer as defined by the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, et seq. 28. At the time of purchase, Defendant provided Plaintiff with a written warranty for her new motor vehicle. 29. The failure of Defendant to correct the defect, despite repeated demand, constitutes a breach of warranty. 30. The aforesaid acts constitute a violation of the Magnuson-Moss Warranty Act. 31. By failing to respond to the serious nonconformity in the vehicle, the Defendant has exhibited a callous disregard for the health, safety and welfare of the Plaintiff and others in the general population. 32. The amount claimed under the Magnuson-Moss Warranty Act, exclusive of costs and attorney's fees, is less than $50,000, thereby vesting exclusive jurisdiction in the courts of this state. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant judgment in favor of Plaintiff and against Defendant as follows: a) a judgment in the amount of her loss as proven at trial of this matter; b) an award of attorney's fees and all costs of Plaintiff; and, 6 c) such other relief the court deems just and proper. Respectfully submitted, Jos dberg, quire rney I D 46782 80 Linglestown oa Suite 106 arrisburg, PA 17 1 r717-703-3600 ?_D Attorney for Plai Dated: 1 ? 7 Warranty and Owner Assistance Information CHEVROLET EXHIBIT A IMPORTANT. This booklet contains important information about the vehicle's warranty coverage. It also explains owner assistance information and GM's participation in an Alternative Dispute Resolution Program. Keep this booklet with your vehicle and make it available to a Chevrolet dealer if warranty work is needed. Be sure to keep it with your vehicle if you sell it so future owners will have the information. Owner's Name Street Address City & State Vehicle Identification Number (VIN): Date Vehicle First Delivered or Put In Use: Odometer Reading on Date Vehicle First Delivered or Put In Use: Have you purchased the Genuine GM Protection Plan? The GM Protection Plan may be purchased within specific time/mileage limitations. See the information request form in the back of this booklet. Remember, if the service contract you are considering for purchase does not have the GM Protection Plan emblem shown above on it, then it is not the Genuine GM Protection Plan from GM. © 02/19/04 Chevrolet Motor Division, General Motors Corporation. All rights reserved. Printed in the U.S.A. GENERAL MOTORS, GM, CHEVROLET, and the CHEVROLET emblem are registered trademarks of General Motors Corporation. Part No. 05CHEVWAR A First Edition 2005 Chevrolet Warranty and Owner Assistance Information An Important Message to Chevrolet Owners ... ...... 1 Chevrolet's Commitment to You ................... .......1 Owner Assistance ...................................... .......1 GM Participation in an Alternative Dispute Resolution Program ................................. .......1 Warranty Service - United States and Canada ......1 Warranty Coverage at a Glance .................... .......2 New Vehicle Limited Warranty ..................... .......2 Emission Control System Warranty ............... .......2 General Motors Corporation New Vehicle Limited Warranty ...................................... .......4 What Is Covered ........................................ .......4 What Is Not Covered .................................. .......6 Things You Should Know About the New Vehicle Limited Warranty .......................... .......9 Warranty Repairs - Component Exchanges ..........9 Warranty Repairs - Recycled Materials ......... .......9 Tire Service .............................................. .......9 6.6L DURAMAXTm Diesel Engine Components .....10 After-Manufacture "Rustproofing.. .................. ......10 Paint, Trim, and Appearance Items .............. ......10 Vehicle Operation and Care ........................ ......11 Maintenance and Warranty Service Records ........11 Chemical Paint Spotting ............................ .......11 Warranty Coverage - Extensions ................ .......12 Touring Owner Service - Foreign Countries . .......12 Warranty Service - Foreign Countries ......... .......13 Original Equipment Alterations .................... .......13 Recreation Vehicle and Special Body or Equipment Alterations ............................ ........13 Pre-Delivery Service ................................. .......14 Production Changes .................................. .......14 Noise Emissions Warranty for Light Duty Trucks Over 10,000 LBS. GVWR Only ...... .......14 Emission Control Systems Warranty ........... .......15 What Is Covered ...................................... .......15 How to Determine the Applicable Emissions Control System Warranty (Light Duty Trucks Only) ........................................ .......15 Federal Emission Control System Warranty .. .......16 California Emission Control System Warranty .......17 Emission Warranty Parts List ..................... .......19 Replacement Parts ................................... .......24 Maintenance and Repairs .......................... .......24 Claims Procedure ..................................... .......25 2005 Chevrolet Warranty and Owner Assistance Information Owner Assistance .............................................26 Chevrolet Courtesy Transportation ......................28 Customer Satisfaction Procedure .......................26 Warranty Information for California Only ..............28 State Warranty Enforcement Laws .....................27 Special Policy Adjustment Programs Beyond Assistance For Text Telephone (TTY) Users .......27 the Warranty Period .....................................29 Chevrolet Roadside Assistance ..........................28 Customer Assistance Offices .............................30 An Important Message to Chevrolet Owners... Chevrolet's Commitment to You We are committed to assuring your satisfaction with your new Chevrolet. Your Chevrolet dealer also wants you to be completely satisfied and invites you to return for all your service needs, both during and after the warranty period. Owner Assistance Your Chevrolet dealer is best equipped to provide all your service needs. Should you ever encounter a problem that is not resolved during or after the limited warranty period, talk to a member of dealer management. Under certain circumstances, GM and/or GM dealers may provide assistance after the limited warranty period has expired when the problem results from a defect in material or workmanship. These instances will be reviewed on a case-by-case basis. If your problem has not been resolved to your satisfaction, follow the "Customer Satisfaction Procedure" as outlined under Owner Assistance on page 26. We thank you for choosing a Chevrolet. GM Participation in an Alternative Dispute Resolution Program See the "Customer Satisfaction Procedure" under Owner Assistance on page 26 for information on the voluntary, non-binding Alternative Dispute Resolution Program in which GM participates. Warranty Service - United States and Canada Your selling dealership has made a large investment to ensure that they have the proper tools, training, and parts inventory to make any necessary warranty repairs should they be required during the warranty period. We ask that you return to your selling dealer for warranty repairs. In the event of an emergency repair, you may take your vehicle to any authorized GM dealer for warranty repairs. However, certain warranty repairs require special tools or training that only a dealer selling your brand may have. Therefore, not all dealers are able to perform every repair. If a particular dealership cannot assist you, then contact the Customer Assistance Center. If you have changed your residence, visit any Chevrolet dealer in the United States or Canada for warranty service. Warranty Coverage at a Glance The warranty coverages are summarized below. New Vehicle Limited Warranty Bumper-to-Bumper (Includes Tires) • Coverage is for the first 3 years or 36,000 miles, whichever comes first. Sheet Metal • Corrosion coverage is for the first 3 years or 36,000 miles, whichever comes first. • Rust-through coverage is for the first 6 years or 100,000 miles, whichever comes first. 6.6L DURAMAXTm Diesel Engine (if Equipped) • Coverage is for the first 3 years or 36,000 miles, whichever comes first. It then has a $100.00 deductible charge after the 3 years or 36,000 miles up to 5 years or 100,000 miles, whichever comes first. Emission Control System Warranty For light duty trucks see "How to Determine the Applicable Emissions Control System Warranty" under Emission Control Systems Warranty on page 15 for more information. Federal • Gasoline Engines - Defects and performance for cars and light duty truck emission control systems are covered for the first 2 years or 24,000 miles, whichever comes first. From the first 2 years or 24,000 miles to 3 years or 36,000 miles defects in material or workmanship continue to be covered under the New Vehicle Limited Warranty Bumper-to-Bumper coverage explained previously. - Catalytic converters and powertrain control modules are covered for the first 8 years or 80,000 miles, whichever comes first. 2 - Defects and performance for heavy duty truck emission control systems are covered for the first 5 years or 50,000 miles, whichever comes first. • 6.61L DURAMAXTm Diesel Engines are covered for the first 5 years or 50,000 miles, whichever comes first. California Gasoline Engines - Defects and performance for cars, light duty, and medium duty truck emission control systems are covered for the first 3 years or 50,000 miles, whichever comes first. - Specified components for cars or light duty trucks equipped with light duty or medium duty truck emission control systems are covered for the first 7 years or 70,000 miles, whichever comes first. - Defects and performance for heavy duty truck emission control systems are covered for the first 5 years or 50,000 miles, whichever comes first. • 6.61- DURAMAXTm Diesel Engines are covered for the first 5 years, 100,000 miles, or 3,000 hours of operation, whichever comes first. Noise Emissions • Coverage is for applicable vehicles weighing over 10,000 lbs. based on the GVWR only, for the entire life of the vehicle. General Motors Corporation New Vehicle Limited Warranty GM will provide for repairs to the vehicle during the warranty period in accordance with the following terms, conditions, and limitations. What Is Covered Warranty Applies This warranty is for GM vehicles registered in the United States and normally operated in the United States or Canada, and is provided to the original and any subsequent owners of the vehicle during the warranty period. Repairs Covered The warranty covers repairs to correct any vehicle defect related to materials or workmanship occurring during the warranty period. Needed repairs will be performed using new or remanufactured parts. No Charge Warranty repairs, including towing, parts, and labor, will be made at no charge. Obtaining Repairs To obtain warranty repairs, take the vehicle to a Chevrolet dealer facility within the warranty period and request the needed repairs. A reasonable time must be allowed for the dealer to perform necessary repairs. Warranty Period The warranty period for all coverages begins on the date the vehicle is first delivered or put in use and ends at the expiration of the coverage period. Bumper-to-Bumper Coverage The complete vehicle is covered for 3 years or 36,000 miles, whichever comes first, except for other coverages listed here under "What is Covered" and those items listed under "What Is Not Covered" later in this section. 4 Tire Coverage The tires supplied with your vehicle are covered against defects in material or workmanship under the Bumper-to-Bumper coverage. Any tire replaced will continue to be warranted for the remaining portion of the Bumper-to-Bumper coverage period. Following expiration of the Bumper-to-Bumper coverage, tires may continue to be covered under the tire manufacturer's warranty. Review the tire manufacturer's warranty booklet or consult the tire manufacturer distributor for specific details. Accessory Coverages All GM accessories sold by GM and parts that are permanently installed on a GM vehicle prior to delivery will be covered under the provisions of the New Vehicle Limited Warranty. In the event GM accessories are installed after vehicle delivery, or are replaced under the new vehicle warranty, they will be covered, parts and labor, for the balance of the vehicle warranty, but in no event less than 12 months/12,000 miles. This coverage is only effective for GM accessories permanently installed by a GM dealer or an associated GM-approved Accessory Distributor/Installer (ADI). GM accessories sold over-the-counter, or those not requiring installation, will continue to receive the standard GM Dealer Parts Warranty of 12 months from the date of purchase, parts only. GM Licensed Accessories are covered under the accessory-specific manufacturer's warranty and are not warranted by GM or its dealers. Notice: This warranty excludes: Any communication device that becomes unusable or unable to function as intended due to changes in technology or wireless service. Sheet Metal Coverage Sheet metal panels are covered against corrosion and rust-through as follows: Corrosion: Body sheet metal panels are covered against rust for 3 years or 36,000 miles, whichever comes first. Rust-Through: Any body sheet metal panel that rusts through, an actual hole in the sheet metal, is covered for up to 6 years or 100,000 miles, whichever comes first. Important. Cosmetic or surface corrosion, resulting from stone chips or scratches in the paint, for example, is not included in sheet metal coverage. 5 Towing Towing is covered to the nearest Chevrolet dealer if your vehicle cannot be driven because of a warranted defect. 6.6L DURAMAXTm Diesel Engine Coverage For trucks equipped with a 6.61- DURAMAXTm Diesel Engine the diesel engine, except those items listed under "What Is Not Covered" later in this section is covered for 5 years or 100,000 miles, whichever comes first. A $100.00 deductible per repair visit may apply after the vehicle has been in use for 3 years or 36,000 miles, whichever comes first. For additional information, refer to Things You Should Know About the New Vehicle Limited Warranty on page 9. Also refer to the appropriate emission control system warranty for possible additional coverages. What Is Not Covered Tire Damage or Wear Normal tire wear or wear-out is not covered. Road hazard damage such as punctures, cuts, snags, and breaks resulting from pothole impact, curb impact, or from other objects is not covered. Also, damage from improper inflation, spinning, as when stuck in mud or snow, tire chains, racing, improper mounting or dismounting, misuse, negligence, alteration, vandalism, or misapplication is not covered. Damage Due to Bedliners Owners of trucks with a bedliner, whether after-market or factory installed, should expect that with normal operation the bedliner will move. This movement may cause finish damage and/or squeaks and rattles. Therefore, any damage caused by the bedliner is not covered under the terms of the warranty. Damage Due to Accident, Misuse, or Alteration Damage caused as the result of any of the following is not covered: • Collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle • Misuse of the vehicle such as driving over curbs, overloading, racing, or other competition. Proper vehicle use is discussed in the owner manual. • Alteration or modification to the vehicle including the body, chassis, or components after final assembly by GM. • Coverages do not apply if the odometer has been disconnected, its reading has been altered, or mileage cannot be determined. Important: This warranty is void on vehicles currently or previously titled as salvaged, scrapped, junked, or totaled. Damage or Corrosion Due to Environment, Chemical Treatments, or Aftermarket Products Damage caused by airborne fallout, chemicals, tree sap, etc., stones, hail, earthquake, water or flood, windstorm, lightning, the application of chemicals or sealants subsequent to manufacture, etc., is not covered. See "Chemical Paint Spotting" under Things You Should Know About the New Vehicle Limited Warranty on page 9 for more details. Damage Due to Insufficient or Improper Maintenance Damage caused by failure to follow the recommended maintenance schedule intervals and/or failure to use or maintain fluids, fuel, lubricants, or refrigerants recommended in the owner manual is not covered. Maintenance All vehicles require periodic maintenance. Maintenance services, such as those detailed in the owner manual are the owner's expense. Vehicle lubrication, cleaning, or polishing are not covered. Failure of or damage to components requiring replacement or repair due to vehicle use, wear, exposure, or lack of maintenance is not covered. Items such as: • Filters • Brake Pads/Linings • Clutch Linings • Keyless Entry Batteries " • Audio System Cleaning 4 • Coolants and Fluids • Wiper Inserts • Limited Slip Rear Axle Service • Tire Rotation • Wheel Alignment/Balance are covered only when replacement or repair is the result of a defect in material or workmanship. Consumable battery covered up to 12 months only ** Maintenance items after 7,500 miles. Extra Expenses Economic loss or extra expense is not covered. Examples include: • Loss of vehicle use • Inconvenience • Storage • Payment for loss of time or pay • Vehicle rental expense • Lodging, meals, or other travel costs • State or local taxes required on warranty repairs Other Terms: This warranty gives you specific legal rights and you may also have other rights which vary from state to state. GM does not authorize any person to create for it any other obligation or liability in connection with these vehicles. Any implied warranty of merchantability or fitness for a particular purpose applicable to this vehicle is limited in duration to the duration of this written warranty. Performance of repairs and needed adjustments is the exclusive remedy under this written warranty or any implied warranty. GM shall not be liable for incidental or consequential damages, such as, but not limited to, lost wages or vehicle rental expenses, resulting from breach of this written warranty or any implied warranty. * * Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 8 Things You Should Know About the New Vehicle Limited Warranty Warranty Repairs - Component Exchanges In the interest of customer satisfaction, GM may offer exchange service on some vehicle components. This service is intended to reduce the amount of time your vehicle is not available for use due to repairs. Components used in exchange are service replacement parts which may be new, remanufactured, reconditioned, or repaired, depending on the component involved. All exchange components used meet GM standards and are warranted the same as new components. Examples of the types of components that might be serviced in this fashion include: engine and transmission assemblies, instrument cluster assemblies, radios, compact disc players, tape players, batteries, and powertrain control modules. Warranty Repairs - Recycled Materials Environmental Protection Agency (EPA) guidelines and GM support the capture, purification, and reuse of automotive air conditioning refrigerant gases and engine coolant. As a result, any repairs GM may make to your vehicle may involve the installation of purified reclaimed refrigerant and coolant. Tire Service Any authorized Chevrolet or tire dealer for your brand of tires can assist you with tire service. If, after contacting one of these dealers, you need further assistance or you have questions, contact Chevrolet Customer Assistance Center. The toll-free telephone numbers are listed under Owner Assistance on page 26. 6.61- DURAMAXTm Diesel Engine Components For trucks equipped with a 6.6L DURAMAXTM Diesel Engine the complete engine assembly, including turbocharger components, is covered for defects in material or workmanship for 3 years or 36,000 miles, whichever comes first. No deductible applies during this coverage period. The engine parts listed next continue to be covered, subject to a $100.00 deductible, for 5 years or 100,000 miles, whichever comes first. • Cylinder block and heads and all internal parts, intake and exhaust manifolds, timing gears, timing gear chain or belt and cover, flywheel, harmonic balancer, valve covers, oil pan, oil pump, water pump, fuel pump, engine mounts, seals, and gaskets • Diesel Fuel Metering System: injection pump, nozzles, high pressure lines, and high pressure sealing devices • Glow Plug Control System: control/glow plug assembly, glow plugs, cold advance relay, and ECM • Fuel injection control module, integral oil cooler, transmission adapter plate, left and right common fuel rails, fuel filter assembly, fuel temperature sensor, and function block Important. Some of these components may also be covered by the Emission Warranty with no deductible. See the "Emission Warranty Parts List" under Emission Control Systems Warranty on page 15 for details. After-Manufacture "Rustproofing" Your vehicle was designed and built to resist corrosion. Application of additional rust-inhibiting materials is neither necessary nor required under the Sheet Metal Coverage. GM makes no recommendations concerning the usefulness or value of such products. Application of after-manufacture rustproofing products may create an environment which reduces the corrosion resistance built into your vehicle. Repairs to correct damage caused by such applications are not covered under your New Vehicle Limited Warranty. Paint, Trim, and Appearance Items Defects in paint, trim, upholstery, or other appearance items are normally corrected during new vehicle preparation. If you find any paint or appearance concerns, advise your dealer as soon as possible. Your owner manual has instructions regarding the care of these items. 10 Vehicle Operation and Care Considering the investment you have made in your Chevrolet, we know you will want to operate and maintain it properly. We urge you to follow the maintenance instructions in your owner manual. If you have questions on how to keep your vehicle in good working condition, see your Chevrolet dealer, the place many customers choose to have their maintenance work done. You can rely on your Chevrolet dealer to use the proper parts and repair practices. Maintenance and Warranty Service Records Retain receipts covering performance of regular maintenance. Receipts can be very important if a question arises as to whether a malfunction is caused by lack of maintenance or a defect in material or workmanship. A "Maintenance Record" is provided in the maintenance schedule section of the owner manual for recording services performed. The servicing dealer can provide a copy of any warranty repairs for your records. Chemical Paint Spotting Some weather and atmospheric conditions can create a chemical fallout. Airborne pollutants can fall upon and adhere to painted surfaces on your vehicle. This damage can take two forms: blotchy, ring-shaped discolorations, and/or small irregular dark spots etched into the paint surface. Although no defect in the factory applied paint causes this, Chevrolet will repair, at no charge to the owner, the painted surfaces of new vehicles damaged by this fallout condition within 12 months or 12,000 miles of purchase, whichever comes first. 11 Warranty Coverage - Extensions Time Extensions: The New Vehicle Limited Warranty will be extended one day for each day beyond the first 24 hour period in which your vehicle is at an authorized dealer facility for warranty service. You may be asked to show the repair orders to verify the period of time the warranty is to be extended. Your extension rights may vary depending on state law. Mileage Extension: Prior to delivery, some mileage is put on your vehicle during testing at the assembly plant, during shipping, and while at the dealer facility. The dealer records this mileage on the first page of this warranty booklet at delivery. For eligible vehicles, this mileage will be added to the mileage limits of the warranty ensuring that you will receive full benefit of the coverage. Mileage extension eligibility: • Applies only to new vehicles held exclusively in new vehicle inventory. • Does not apply to used vehicles, GM-owned vehicles, dealer owned used vehicles, or dealer demonstrator vehicles. • Does not apply to vehicles with more than 1,000 miles on the odometer even though the vehicle may not have been registered for license plates. Touring Owner Service - Foreign Countries If you are touring in a foreign country and repairs are needed, take your vehicle to a GM dealer facility, preferably one which sells and services Chevrolet vehicles. Once you return to the United States provide your dealer with a statement of circumstances, the original repair order, proof of ownership, and any paid receipt indicating the work performed and parts replaced for reimbursement consideration. Important: Repairs made necessary by the use of improper or dirty fuels and lubricants are not covered under the warranty. See your owner manual for additional information on fuel requirements when operating in foreign countries. 12 Warranty Service - Foreign Countries This warranty applies to GM vehicles registered in the United States and normally operated in the United States or Canada. If you have permanently relocated and established household residency in another country, GM may authorize the performance of repairs under the warranty authorized for vehicles generally sold by GM in that country. Contact an authorized GM dealer in your country for assistance. Important: GM warranty coverages may be void on GM vehicles that have been imported/exported for resale. Original Equipment Alterations This warranty does not cover any damage or failure resulting from modification or alteration to the vehicle's original equipment as manufactured or assembled by GM. Examples of the types of alterations that would not be covered include installation or use of any non-GM parts, accessories, and materials, or the cutting, welding, or disconnecting of the vehicle's original equipment parts and components. Recreation Vehicle and Special Body or Equipment Alterations Installations or alterations to the original equipment vehicle, or chassis, as manufactured and assembled by GM, are not covered by this warranty. The special body company, assembler, or equipment installer is solely responsible for warranties on the body or equipment and any alterations to any of the parts, components, systems, or assemblies installed by GM. Examples include, but are not limited to, special body installations, such as recreational vehicles, the installation of any non-GM part, cutting, welding, or the disconnecting of original equipment vehicle or chassis parts and components, extension of wheelbase, suspension and driveline modifications, and axle additions. 13 Pre-Delivery Service Defects in the mechanical, electrical, sheet metal, paint, trim, and other components of your vehicle may occur at the factory or while it is being transported to the dealer facility. Normally, any defects occurring during assembly are identified and corrected at the factory during the inspection process. In addition, dealers inspect each vehicle before delivery. They repair any uncorrected factory defects and any transit damage detected before the vehicle is delivered to you. Any defects still present at the time the vehicle is delivered to you are covered by the warranty. If you find any defects, advise your dealer without delay. For further details concerning any repairs which the dealer may have made prior to your taking delivery of your vehicle, ask your dealer. Production Changes GM and GM dealers reserve the right to make changes in vehicles built and/or sold by them at any time without incurring any obligation to make the same or similar changes on vehicles previously built and/or sold by them. Noise Emissions Warranty for Light Duty Trucks Over 10,000 LBS. GVWR Only GM warrants to the first person who purchases this vehicle for purposes other than resale and to each subsequent purchaser of this vehicle, as manufactured by GM, that this vehicle was designed, built, and equipped to conform at the time it left GM's control with all applicable United States EPA Noise Control Regulations. This warranty covers this vehicle as designed, built, and equipped by GM, and is not limited to any particular part, component, or system of the vehicle manufactured by GM. Defects in design, assembly, or in any part, component, or vehicle system as manufactured by GM, which, at the time it left GM's control, caused noise emissions to exceed Federal Standards, are covered by this warranty for the life of the vehicle. 14 Emission Control Systems Warranty The emission warranty on your vehicle is issued in accordance with the U.S. Federal Clean Air Act. Defects in material or workmanship in GM emission parts may also be covered under the New Vehicle Limited Warranty Bumper-to-Bumper coverage. There may be additional coverage on GM diesel engine vehicles. In any case, the warranty with the broadest coverage applies. What Is Covered The parts covered under the emission warranty are listed under "Emission Warranty Parts List" later in this section. How to Determine the Applicable Emissions Control System Warranty (Light Duty Trucks Only) State and Federal agencies may require different emission control system warranty for light duty trucks depending on: • Whether the truck is certified with a light duty or heavy duty emission control system. • Whether the truck is certified for California emissions in addition to Federal emissions. To determine emissions eligibility: locate the emission control label in the engine compartment on the air cleaner assembly or on the engine. The language on the bottom left side of the label will describe if equipped with a light, medium, or heavy duty emission control system. All light duty trucks are eligible for Federal Emissions Control System Warranty Coverage. If the emissions control label contains language stating the vehicle is certified to California emissions standards, the vehicle is also eligible for California Emissions Control System Warranty Coverage. 15 Federal Emission Control System Warranty Federal Warranty Coverage Car and Light Duty Truck equipped with Car and Light Duty Gasoline Engine - 2 years or 24,000 miles and 8 years or 80,000 miles for the catalytic converter or vehicle, powertrain, control module, whichever comes first. Light Duty Truck equipped with Heavy Duty Gasoline Engine - 5 years or 50,000 miles, whichever comes first. Light Duty Truck equipped with Heavy Duty Diesel Engine - 5 years or 50,000 miles, whichever comes first. Federal Emission Defect Warranty GM warrants to the owner the following: • The vehicle was designed, equipped, and built so as to conform at the time of sale with the applicable regulations of the Federal Environmental Protection Agency (EPA). • The vehicle is free from defects in material and workmanship which cause the vehicle to fail to conform with those regulations during the emission warranty period. Emission related defects in the genuine GM parts listed under the Emission Warranty Parts List, including related diagnostic costs, parts, and labor are covered by this warranty. Federal Emission Performance Warranty Some states and/or local jurisdictions have established periodic vehicle Inspection and Maintenance (I/M) programs to encourage proper maintenance of your vehicle. If an EPA-approved I/M program is enforced in your area you may also be eligible for Emission Performance Warranty coverage when all of the following three conditions are met: • The vehicle has been maintained and operated in accordance with the instructions for proper maintenance and use set forth in the owner manual supplied with your vehicle. • The vehicle fails an EPA-approved I/M test during the emission warranty period. • The failure results, or will result, in the owner of the vehicle having to bear a penalty or other sanctions, including the denial of the right to use the vehicle, under local, state, or federal law. 16 GM warrants that your dealer will replace, repair, or adjust to GM specifications, at no charge to you, any of the parts listed under the "Emission Warranty Parts List" later in this section which may be necessary to conform to the applicable emission standards. Non-GM parts labeled "Certified to EPA Standards" are covered by the Federal Emission Performance Warranty. California Emission Control System Warranty This section outlines the emission warranty that GM provides for your vehicle in accordance with the California Air Resources Board. Defects in material or workmanship in GM emission parts may also be covered under the New Vehicle Limited Warranty Bumper-to-Bumper coverage. There may be additional coverage on GM diesel engine vehicles. In any case, the warranty with the broadest coverage applies. This warranty applies if your vehicle meets both of the following requirements: Important: Massachusetts, Maine, and Vermont have California Emissions Warranty coverage. (New York adopted California emission standards, but not the California emissions warranty. The Federal Emissions Control Warranty applies to all vehicles in New York.) Your Rights and Obligations (For Vehicles Subject to California Exhaust Emission Standards) The Emission Control System Warranty on your vehicle is issued in accordance with the California Air Resources Board and GM. In California, new motor vehicles must be designed, equipped, and built to meet the state's stringent anti-smog standards. GM must warrant your vehicle's emission control system for the periods of time and mileage listed provided there has been no abuse, neglect, or improper maintenance of your vehicle. Your vehicle's emission control system may include parts such as the fuel injection system, ignition system, catalytic converter, and engine computer. Also included are hoses, belts, connectors, and other emission related assemblies. • Your vehicle is registered in California or other Where a warrantable condition exists, GM will repair states adopting California emission and your vehicle at no cost to you including diagnosis, parts, warranty regulations". and labor. • Your vehicle is certified for sale in California as indicated on the vehicle's emission control information label. 17 California Emission Defect and Emission Performance Warranty Coverage For cars and trucks with light duty or medium duty emissions: • For 3 years or 50,000 miles, whichever comes first: If your vehicle fails a smog check inspection, GM will make all necessary repairs and adjustments to ensure that your vehicle passes the inspection. This is your Emission Control System Performance Warranty. If any emission related part on your vehicle is defective, GM will repair or replace it. This is your Short-term Emission Defects Warranty. For 7 years or 70,000 miles whichever comes first: If an emission related part listed in this booklet specially noted with coverage for 7 years or 70,000 miles is defective, GM will repair or replace it. This is your Long-term Emission Control System Defects Warranty. 18 • For 8 years or 80,000 miles, whichever comes first: - If the catalytic converter or vehicle, powertrain, control module is found to be defective, GM will repair or replace it under the Federal Emission Control System Warranty. • For heavy duty gasoline engine vehicles, the emission warranty period is 5 years or 50,000 miles, whichever comes first. • For heavy duty diesel engine vehicles, the emission warranty period is 5 years, 100,000 miles, or 3,000 hours of operation, whichever comes first. Any authorized Chevrolet dealer will, as necessary under these warranties, replace, repair, or adjust to GM specifications any genuine GM parts that affect emissions. The applicable warranty period shall begin on the date the vehicle is delivered to the first retail purchaser or, if the vehicle is first placed in service as a demonstrator or company vehicle prior to sale at retail, on the date the vehicle is placed in such service. 1 Owner's Warranty Responsibilities As the vehicle owner, you are responsible for the performance of the scheduled maintenance listed in your owner manual. GM recommends that you retain all maintenance receipts for your vehicle, but GM cannot deny warranty coverage solely for the lack of receipts or for your failure to ensure the performance of all scheduled maintenance. You are responsible for presenting your vehicle to a GM dealer selling your vehicle line as soon as a problem exists. The warranted repairs should be completed in a reasonable amount of time, not to exceed 30 days. As the vehicle owner, you should also be aware that GM may deny warranty coverage if your vehicle or a part has failed due to abuse, neglect, improper or insufficient maintenance, or modifications not approved by GM. If you have any questions regarding your rights and responsibilities under these warranties, you should contact the Customer Assistance Center at 1-800-222-1020 or, in California, write to: State of California Air Resources Board Mobile Source Operations Division P.O. Box 8001 El Monte, CA 91731-2990 Emission Warranty Parts List The emission parts listed here are covered under the Emission Control System Warranty. The terms are explained previously in this section under the "Federal Emission Control System Warranty" and the "California Emission Control System Warranty". Important: Certain parts may be covered beyond these warranties if shown with asterisk(s) as follows: (") 7 years/70,000 miles, whichever comes first, California Emission Control System Warranty coverage. (") 8 years/80,000 miles, whichever comes first, Federal Emission Control System Warranty coverage. Also applies to California certified light duty and medium duty vehicles. The Emission Control System Warranty obligations do not apply to conditions resulting from tampering, abuse, neglect, or improper maintenance; or any other item listed under "What Is Not Covered" under General Motors Corporation New Vehicle Limited Warranty on page 4. The "Other Terms" presented under General Motors Corporation New Vehicle Limited Warranty on page 4 also apply to the emission related warranties. 1 9 . I I 1 Powertrain Control System Barometric Pressure Sensor Brake Switch Camshaft Position Actuator Assembly Camshaft Position Actuator Valve Coolant Fan Control Relay Coolant Level Sensor Data Link Connector Electronic Throttle Control (ETC) Motor Engine Control Module (ECM) ** Engine Coolant Temp. Sensor Fast Idle Solenoid Flexible Fuel Sensor Intake Air Temperature Sensor Malfunction Indicator Lamp Manifold Absolute Pressure Sensor Oxygen Sensors Powertrain Control Module (PCM) ** Programmable Read Only Memory (PROM) Throttle Position Sensor Throttle Position Switch Vehicle Control Module (VCM) ** Vehicle Speed Sensor Transmission Controls and Torque Management Manual Transmission Clutch Switch Park/Neutral Switch Torque Converter Clutch Switch Torque Converter Clutch Solenoids Transmission Control Module ** Transmission Fluid Temperature Sensor Transmission Gear Selection Switch (Diesel) Transmission Internal Mode Switch Transmission Pressure Switches Transmission Shift Solenoids A & B Transmission Speed Sensors Fuel Management System Common Rail Assembly (6.61- DURAMAXTm Diesel) Diesel Fuel Injection Pump * Diesel Fuel Injection Pump Timing Adjust Diesel Fuel Injector Control Module - EDU (6.61- DURAMAXTm Diesel) * Diesel Fuel Temperature Sensor 20 { 1 Direct Fuel Injector Assembly (6.61- DURAMAXTM Diesel) Function Block (6.61- DURAMAXTM Diesel) Fuel Injector Fuel Pressure Regulator Fuel Rail Assembly Fuel Rail Pressure Sensor (6.61- DURAMAXTM Diesel) Air Management System Air Cleaner Air Cleaner Diaphragm Motor Air Cleaner Resonator Air Cleaner Temp. Compensator Valve Air Intake Ducts Charge Air Control Actuator Charge Air Control Solenoid Valve Charge Air Control Valve Charge Air Cooler (6.61- DURAMAXTM Diesel) Charge Air Cooler Fan Idle Air Control Valve Idle Speed Control Motor Intake Manifold Intake Manifold Tuning Valve Intake Manifold Tuning Valve Relay Intake Manifold Gasket 3.41- U-Van, 3.11- LG8, and DURAMAXTm Diesel Supercharger Assembly Throttle Body Throttle Body Heater Throttle Closing Dashpot Turbocharger Assembly " Turbocharger Boost Sensor (6.61- DURAMAXTM Diesel) Turbocharger Oil Separator Turbocharger Thermo Purge Switch Vacuum Pump (6.61- DURAMAXTM Diesel) Ignition System Camshaft Position Sensor(s) Crankshaft Position Sensor(s) Distributor Distributor Cap Distributor Pick Up Coil Distributor Rotor Glow Plug(s) (Diesel) 21 . I I I Glow Plug Controller (Diesel) Glow Plug Relay (Diesel) Ignition Coil(s) Ignition Control Module Ignition Timing Adjustment Knock Sensor Spark Plug Wires Spark Plugs Catalytic Converter System Catalytic Converter(s) and Muffler if attached as assembly ** Exhaust Manifold (7/70 Only Cadillac 4.6L, Grand Prix Right Side 3.8L, U-Van and Aztek, 3AL, and C/K Truck <14,000 GVWR 8.1 L*) Exhaust Manifold with Catalytic Converter attached as assembly ** Exhaust Manifold Gasket Exhaust pipes and/or Mufflers (when located between catalytic converters and exhaust manifold) Positive Crankcase Ventilation System Oil Filler Cap PCV Filter PCV Oil Separator PCV Valve Exhaust Gas Recirculation System EGR Feed and Delivery Pipes or Cast-in Passages EGR Valve EGR Valve Cooler (6.6L DURAMAXTm Diesel) EGR Vacuum Pump Assembly (6.6L DURAMAXT- Diesel) Secondary Air Injection System Air Pump Check Valves Evaporative Emission Control System (Gasoline Engines) Canister Canister Purge Solenoid Valve Canister Vent Solenoid Fuel Feed and Return Pipes and Hoses Fuel Filler Cap Fuel Limiter Vent Valve Fuel Tank Filler Pipe (with restrictor) Fuel Tank(s) * 22 Y Fuel Tank Vacuum or Pressure Sensor Hybrid ABS Control Module ** (On Hybrid vehicles only) Auxiliary Transmission Pump, Relay, and Circuit Battery Pack Current Sensor and Circuit Battery Pack 12V Modules (3) Brake Pedal Switch (PCM ZAB Switch) Energy Storage Control Module ** GMLAN (CAN) Communications Circuit Hood Ajar Switch and Circuit Hybrid Control Module ** SGCM Coolant Circuit (fan and fan relay and pump) Starter Generator Control Module Wheel Speed Sensor and Circuits (left and right front) Miscellaneous items Used with Above Components are Covered Belts Boots Clamps Connectors Ducts Fittings Gaskets Grommets Hoses Housings Mounting Hardware Pipes Pulleys Sealing Devices Springs Tubes Wiring Parts specified in your maintenance schedule as requiring scheduled replacement are covered up to their first replacement interval or the applicable emission warranty coverage period, whichever comes first. If failure of one of these parts results in failure of another part, both will be covered under the Emission Control System Warranty. For detailed information concerning specific parts covered by these emission control systems warranties, ask your dealer. 23 I Y I N Replacement Parts The emission control systems of your vehicle were designed, built, and tested using genuine GM parts and the vehicle is certified as being in conformity with applicable federal and California emission requirements. Accordingly, it is recommended that any replacement parts used for maintenance or for the repair of emission control systems be new, genuine GM parts. The warranty obligations are not dependent upon the use of any particular brand of replacement parts. The owner may elect to use non-genuine GM parts for replacement purposes. Use of replacement parts which are not of equivalent quality may impair the effectiveness of emission control systems. If other than new, genuine GM parts are used for maintenance replacements or for the repair of parts affecting emission control, the owner should assure himself/herself that such parts are warranted by their manufacturer to be equivalent to genuine GM parts in performance and durability. "Genuine GM parts," when used in connection with GM vehicles means parts manufactured by or for GM, designed for use on GM vehicles, and distributed by any division or subsidiary of GM. 24 Maintenance and Repairs Maintenance and repairs can be performed by any qualified service outlet; however, warranty repairs must be performed by an authorized dealer except in an emergency situation when a warranted part or a warranty station is not reasonably available to the vehicle owner. In an emergency, where an authorized dealer is not reasonably available, repairs may be performed at any available service establishment or by the owner, using any replacement part. Chevrolet will consider reimbursement for the expense incurred, including diagnosis, not to exceed the manufacturer's suggested retail price for all warranted parts replaced and labor charges based on Chevrolet's recommended time allowance for the warranty repair and the geographically appropriate labor rate. A part not being available within 10 days or a repair not being completed within 30 days constitutes an emergency. Retain receipts and failed parts in order to receive compensation for warranty repairs reimbursable due to an emergency. If, in an emergency situation, it is necessary to have repairs performed by other than a Chevrolet dealer and you believe the repairs are covered by emission warranties, take the replaced parts and your receipt to a Chevrolet dealer for reimbursement consideration. This applies to both the Federal Emission Defect Warranty and Federal Emission Performance Warranty. t ? r r Receipts and records covering the performance of regular maintenance or emergency repairs should be retained in the event questions arise concerning maintenance. These receipts and records should be transferred to each subsequent owner. GM will not deny warranty coverage solely on the absence of maintenance records. However, GM may deny a warranty claim if a failure to perform scheduled maintenance resulted in the failure of a warranty part. Claims Procedure As with the other warranties covered in this booklet, take your vehicle to any authorized Chevrolet dealer facility to obtain service under the emission warranty. This should be done as soon as possible after failing an EPA-approved I/M test or a California smog check test, or at any time you suspect a defect in a part. Those repairs qualifying under the warranty will be performed by any Chevrolet dealer at no charge. Repairs which do not qualify will be charged to you. You will be notified as to whether or not the repair qualifies under the warranty within a reasonable time, not to exceed 30 days after receipt of the vehicle by the dealer, or within the time period required by local or state law. The only exceptions would be if you request or agree to an extension, or if a delay results from events beyond the control of your dealer or GM. If you are not so notified, GM will provide any required repairs at no charge. In the event a warranty matter is not handled to your satisfaction, refer to the "Customer Satisfaction Procedure" under Owner Assistance on page 26. For further information or to report violations of the Emission Control System Warranty, you may contact the EPA at: Manager, Certification and Compliance Division (6405J) Warranty Claims Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 For a vehicle subject to the California Exhaust Emission Standards, you may contact the: State of California Air Resources Board Mobile Source Operations Division P.O. Box 8001 El Monte, CA 97131-2990 25 1 Owner Assistance Customer Satisfaction Procedure Your satisfaction and goodwill are important to your dealer and to Chevrolet. Normally, any concerns with the sales transaction or the operation of your vehicle will be resolved by your dealer's sales or service departments. Sometimes, however, despite the best intentions of all concerned, misunderstandings can occur. If your concern has not been resolved to your satisfaction, the following steps should be taken: STEP ONE: Discuss your concern with a member of dealer management. Normally, concerns can be quickly resolved at that level. If the matter has already been reviewed with the sales, service, or parts manager, contact the owner of the dealer facility or the general manager. STEP TWO: If after contacting a member of dealer management, it appears your concern cannot be resolved by the dealer without further help contact the Chevrolet Customer Assistance Center by calling 1-800-222-1020. In Canada, contact GM of Canada Central Office in Oshawa by calling 1-800-263-3777: English, or 1-800-263-7854: French. We encourage you to call the toll-free number in order to give your inquiry prompt attention. Have the following information available to give the Customer Assistance Representative: • The Vehicle Identification Number (VIN). This is available from the vehicle registration, title, or the plate above the left top of the instrument panel and visible through the windshield. • The dealer name and location • The vehicle's delivery date and present mileage When contacting Chevrolet, remember that your concern will likely be resolved at a dealer's facility. That is why we suggest you follow Step One first if you have a concern. STEP THREE: Both GM and your GM dealer are committed to making sure you are completely satisfied with your new vehicle. However, if you continue to remain unsatisfied after following the procedure outlined in Steps One and Two, you should file with the BBB Auto Line Program to enforce any additional rights you may have. 26 The BBB Auto Line Program is an out of court program administered by the Council of Better Business Bureaus to settle automotive disputes regarding vehicle repairs or the interpretation of the New Vehicle Limited Warranty. Although you may be required to resort to this informal dispute resolution program prior to filing a court action, use of the program is free of charge and your case will generally be heard within 40 days. If you do not agree with the decision given in your case, you may reject it and proceed with any other venue for relief available to you. You may contact the BBB Auto Line Program using the toll-free telephone number or write them at the following address: BBB Auto Line Program Council of Better Business Bureaus, Inc. 4200 Wilson Boulevard Suite 800 Arlington, VA 22203-1804 www.lemonlaw.bbb.org Telephone: 1-800-955-5100 This program is available in all 50 states and the District of Columbia. Eligibility is limited by vehicle age, mileage, and other factors. GM reserves the right to change eligibility limitations and/or to discontinue its participation in this program. State Warranty Enforcement Laws Laws in many states permit owners to obtain a replacement vehicle or a refund of the purchase price under certain circumstances. The provisions of these laws vary from state to state. To the extent allowed by state law, GM requires that you first provide us with written notification of any service difficulty you have experienced so that we have an opportunity to make any needed repairs before you are eligible for the remedies provided by these laws. Your written notification should be sent to the Chevrolet Customer Assistance Center. Assistance For Text Telephone (TTY) Users To assist customers who are deaf or hard of hearing and who use Text Telephones (TTYs), Chevrolet has TTY equipment available at its Customer Assistance Center and Roadside Assistance Center. The TTY for the Chevrolet Customer Assistance Center is: 1-800-833-2438 in the United States 1-800-263-3830 in Canada The TTY for the Chevrolet Roadside Assistance Center is: 1-888-889-2438 in the U.S. and Canada 27 1 Chevrolet Roadside Assistance Chevrolet is proud to offer the response, security, and convenience of Chevrolet's 24-hour Roadside Assistance Program. Refer to your owner manual for details, or consult your dealer. The Chevrolet Roadside Assistance Center can be reached by calling 1-800-CHEV-USA (243-8872). This program is not available in Puerto Rico or the U.S. Virgin Islands. Chevrolet Courtesy Transportation During the Bumper-to-Bumper Warranty coverage period, interim transportation may be available under the Chevrolet Courtesy Transportation Program. Consult your dealer for details. 28 Warranty Information for California Only California Civil Code Section 1793.2(d) requires that, if GM or its representatives are unable to repair a new motor vehicle to conform to the vehicle's applicable express warranties after a reasonable number of attempts, GM shall either replace the new motor vehicle or reimburse the buyer the amount paid or payable by the buyer. California Civil Code Section 1793.22(b) creates a presumption that GM has had a reasonable number of attempts to conform the vehicle to its applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the vehicle's odometer, whichever occurs first, one or more of the following occurs: • The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven AND the nonconformity has been subject to repair two or more times by GM or its agents AND the buyer or lessee has directly notified GM of the need for the repair of the nonconformity. } t ? r • The same nonconformity has been subject to repair four or more times by GM or its agents AND the buyer has notified GM of the need for the repair of the nonconformity. • The vehicle is out of service by reason of repair nonconformities by GM or its agents for a cumulative total of more than 30 calendar days after delivery of the vehicle to the buyer. NOTICE TO GENERAL MOTORS AS REQUIRED ABOVE SHALL BE SENT TO THE FOLLOWING ADDRESS: General Motors Corporation P.O. Box 33170 Detroit, MI 48232-5170 Fax Number: 1-866-962-2868 When you make an inquiry, you will need to give the year, model, and mileage of your vehicle and your VIN. Special Policy Adjustment Programs Beyond the Warranty Period Chevrolet is proud of the protection afforded by its warranty coverages. In order to achieve maximum customer satisfaction, there may be times when Chevrolet will establish a special policy adjustment program to pay all or part of the cost of certain repairs not covered by the warranty or to reimburse certain repair expenses you may have incurred. Check with your Chevrolet dealer or call the Chevrolet Customer Assistance Center to determine whether any special policy adjustment program is applicable to your vehicle. When you make an inquiry, you will need to give the year, model, and mileage of your vehicle and your VIN. 29 Customer Assistance Offices Chevrolet encourages customers to call the toll-free telephone number for assistance. However, if you wish to write or e-mail Chevrolet, refer to the address below. United States Chevrolet Customer Assistance Center P.O. Box 33170 Detroit, MI 48232-5170 www.Chevrolet.com 1-800-222-1020 1-800-833-2438 (For Text Telephone devices (TTYs)) Roadside Assistance: 1-800-CHEV-USA (243-8872) Fax Number: 1-866-962-2868 From Puerto Rico: 1-800-496-9992 (English) 1-800-496-9993 (Spanish) Fax Number: 313-381-0022 From U.S. Virgin Islands: 1-800-496-9994 Fax Number: 313-381-0022 Canada Customer Assistance Centre, 163-005 General Motors of Canada Limited 1908 Colonel Sam Drive Oshawa, Ontario L1 H 8P7 1-800-263-3777 (English) 1-800-263-7854 (French) 1-800-263-3830 (For Text Telephone devices (TTYs)) Roadside Assistance: 1-800-268-6800 Mexico, Central America, and Caribbean Islands/Countries (Except Puerto Rico and U.S. Virgin Islands) General Motors de Mexico, S. de R.L. de C.V. Customer Assistance Center Paseo de la Reforma # 2740 Col. Lomas de Bezares C.P. 11910, Mexico, D.F. 01-800-508-0000 Long Distance: 011-52-53 29 0 800 30 FEB-26-2007 MON 11:50 AM PA NATIONAL INS FAX NO. 717+2556383 P. 02 VERIFICATION I, Christina M. Geiling, hereby state that I have reviewed the foregoing Complaint, and verify that the facts set forth in the document are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: ?O CHRISTINA M. GEILING • : ) D t^ V W r 4' W F? N t? --,J [.7 t1J +.i n ?fsl 4 --G O--t) KANTROWITZ & PHILLIPPI, LLC By: Steven B. Kantrowitz Attorney Id. No. 25737 1880 John F. Kennedy Blvd., Ste. 1101 Attorney for Defendant, Philadelphia, PA 191032 General Motors Corporation (215) 496-9400 CHRISTINA M. GEILING COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. CIVIL ACTION - LAW NO. 07-1141 GENERAL MOTORS CORPORATION, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant, General Motors Corporation, in the above captioned matter. Jury trial is demanded. KANTROWITZ & PHILLIPPI, LLC By: Steven B. Kantrowltz Attorney for Defendant, General Motors Corporation Dated: C jv007 -9- KAN MOWTfZ & PHI XIM, LLC ,? ? c: ??. ?' =' ?-' t o To Plaintiff, You are benby notified to plead to the enchsed NewMatterwitbin twenty (20) days from service !2lefauk 'adgment may be entered agaimtyou. By. S409# -B. Kantmwitt Anorney for Defendant KANTROWITZ & PHILLIPPI, LLC By: Steven B. Kantrowitz Attorney Id. No. 25737 1880 John F. Kennedy Blvd., Ste. 1101 Philadelphia, PA 191032 (215) 496-9400 CHRISTINA M. GEILING Plaintiff V. GENERAL MOTORS CORPORATION, Defendant Attorney for Defendant, General Motors Corporation COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 07-1141 JURY TRIAL DEMANDED DEFENDANT'S, GENERAL MOTORS CORPORATION ANSWER TO PLAINTIFF'S COMPLAINT. WITH NEW MATTER Defendant, General Motors Corporation, by its undersigned attorneys, hereby answers the Plaintiff's Complaint and in support thereof states the following. 1. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. 2. Denied as stated. It is generally admitted that answering defendant is a corporation organized and existing under the laws of the State of Delaware. The remaining averments are denied as conclusions of law to which no responsive pleading is required. 3. Denied as stated. It is generally admitted that answering defendant, General Motors Corporation, assembles and manufacturers, in part, automobiles. The remaining averments are conclusions of law to which no responsive pleading is required. 4. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. 5. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. 6. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. 7. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. 8. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, it is generally admitted that Exhibit "A" is attached to the complaint. The exhibit is a writing that speaks for itself. 9. Denied as a conclusion of law to which no responsive pleading is required. The allegations of defect, non-conformity and substantial impairment are. denied. 10. Denied as a conclusion of law to which no responsive pleading is required. The allegations of defect and non-conformity are denied. 11. Denied as a conclusion of law to which no responsive pleading is required. The allegations of defect and non-conformity are denied. 12. Denied as a conclusion of law to which no responsive pleading is required. The allegations of defect and non-conformity are denied. -2- KANTROWITZ & PHH.LIPPI, LLC 13. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, it is denied that defendant has failed to correct any non-conformity. 14. As plaintiff has failed to specify the dates of this alleged notification, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. By way of further response, the allegation of non-conformity is denied. 15. Denied. Answering defendant owes no damages. COUNT I VIOLATION OF THE LEMON LAW 16. Defendant, General Motors Corporation, hereby incorporates by reference its responses to paragraph 1 through 15 inclusive, as though fully set forth herein. 17. Denied that there is a defect or non-conformity or that the vehicle is substantially impaired in its use, value or safety. 18. The allegations of defect and non-conformity are denied. It is further denied that there are improper or unsuccessful repair attempts. 19. It is denied that the vehicle operated improperly in any way. The allegation of non-conformity is denied. 20. Denied as a conclusion of law to which no responsive pleading is required. WHEREFORE, the Defendant, General Motors Corporation, demands entry of judgment in its favor together with interest, costs and such other and further relief as the Court may deem just. -3- KANfRowm & PHHddPPI, LLC COUNT II VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 21. Defendant, General Motors Corporation, hereby incorporates by reference its responses to paragraphs 1 through 20, inclusive, as though fully set forth herein. 22. Denied as a conclusion of law to which no responsive pleading is required. 23. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, it is specifically denied that there is any violation of statute or improper conduct. It is specifically denied that Plaintiff was caused any confusion or misunderstanding; it is specifically denied that Plaintiff had goods or services that were mischaracterized in any way; it is specifically denied that any goods or services were misrepresented or improperly advertised; and it is specifically denied that any written warranty or guarantee was not honored. By way of further response, it is specifically denied that any repairs were improperly made or that any other fraudulent or deceptive conduct engaged in by answering defendant. 24. Denied as a conclusion of law to which no responsive pleading is required. 25. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, it is denied that defendant has caused plaintiff any damages. WHEREFORE, the Defendant, General Motors Corporation, demands entry of judgment in its favor together with interest, costs and such other and further relief as the Court may deem just. COUNT III VIOLATION OF THE MAGNUSON-MOSS WARRANTY ACT 26. Defendant, General Motors Corporation, hereby incorporates by reference its responses to paragraphs 1 through 25, inclusive, as though fully set forth herein. 27. Denied as a conclusion of law to which no responsive pleading is required. -4- KAWROWIU & PRILLIPPI, LLC . 28. Denied as stated. It is generally admitted that a new vehicle limited warranty was provided to a purchaser at the time of purchase. 29. Denied as a conclusion of law to which no responsive pleading is required. It is denied that there is a defect and denied that there is a breach of warranty. 30. Denied as a conclusion of law to which no responsive pleading is required. It is denied that there is a violation of the Magnuson-Moss Warranty Act. 31. Denied as a conclusion of law to which no responsive pleading is requited. By way of further response, it is denied that there is a non-conformity or that defendant has acted improperly in any way. 32. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, it is denied that defendant has caused plaintiff any damages. WHEREFORE, the Defendant, General Motors Corporation, demands entry of judgment in its favor together with interest, costs and such other and further relief as the Court may deem just. DEFENDANT' NEW MATTER 33. The Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 34. The Plaintiff's cause of action may be barred by the applicable statute of limitations. 35. The Plaintiff may have failed to provide the Defendant with proper notice of the alleged breach. of warranties, express or implied. 36. The non-conformities alleged in the Plaintiff's Complaint did not substantially impair the use, value or safety of the vehicle in question. 37. The Plaintiff's Complaint fails to state a cause of action which justifies the award of treble damages. 38. The Plaintiff's recovery, if any, must be reduced by a reasonable allowance for the Plaintiff's use of the vehicle. -5- KAM ROWUZ & PKILLIPPI, LLC . . '1 39. The Plaintiff has failed to exhaust the administrative remedies prior to the filing of the within action. 40. The defects and/or non-conformities as alleged in the Plaintiff's Complaint may be the result of abuse, negligence, modification or alteration of the vehicle in question. 41. The Plaintiff's claims are barred or limited by the defense of laches. 42. The Plaintiff's claims are barred or limited by the defense of waiver. 43. Defendant, hereby reserves the right upon completion of its investigation and discovery to file such additional defenses, affirmative defenses, counter claims and/or third party complaints as may be appropriate. WHEREFORE, the Defendant, General Motors Corporation, demands judgment in its favor together with interest, costs, and such other and further relief as the Court may deem just. KANTROWITZ & PHILLIPPI, LLC By: St n .an Attorney for Defendant General Motors Corporation -6- KAWROWrFZ & PIMUWPL LLC VERIFICATION Steven B. Kantrowitz, hereby states that he is a member of the firm of KANTROWITZ & PHILLIPPI, LLC, attorneys for the defendant, General Motors Corporation, in the above-referenced matter; that General Motors Corporation, is outside the jurisdiction of this court and verification by one of its officers or its employees cannot be obtained within the time allowed for serving Defendant's, General Motors Corporation, Answer to Complaint; that he has read the foregoing answers and that the facts set forth are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsification to authorities. KANTROWITZ & PHILLIPPI, LLC By: S VEN B. KANTR Z Attorney for Defendant, General Motors Corporation Dated: /I -64" e7 -7- KAMMOWn Z & PHILLIPPI, LLC • CERTIFICATE OV SERVICE I hereby certify that a true copy of the foregoing Defendant's, General Motors Corporation, Answer to Plaintiff's Complaint was mailed, postage pre-paid, to: Joseph K. Goldberg, Esquire 2080 Linglestown Road Harrisburg, PA 17110 KANTROWITZ & PHILLIPPI, LLC .. Steven B. Kantrowitz Dated: /I 4rep -7 -8- KAWROWITZ & PHILLIPPI, LLC v f 1-4 q _ -fit g- r r 1% Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 joldberg@ssbc-law.com PA ID #46782 art 1r?al (3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. GEILING, Plaintiff V. GENERAL MOTORS CORPORATION, NO. 07-1141 CIVIL TERM CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW COMES the Plaintiff, by and through her attorney, Joseph K. Goldberg, who replies to the Defendant's New Matter as follows: 33. Paragraph 33 is a conclusion of law to which no response is required. 34. Paragraph 34 is a conclusion of law to which no response is required. 35. Paragraph 35 is a conclusion of law to which no response is required. To the extent that a response is required, the averments are denied. To the contrary, on numerous occasions the Plaintiff complained to the Defendant - both directly and through its authorized agents - about the breach of warranty. 36. Paragraph 36 is a conclusion of law to which no response is required. To the extent that a response is required, the averments are denied for the reasons set forth in paragraphs 9, 17 and 25 of her Complaint. 37. Paragraph 37 is a conclusion of law to which no response is required. To the extent a response is required, the averments are denied. To the contrary, the Plaintiff has adequately stated a cause of action under § 201-9.2(a) of the Consumer ti Protection Law, which permits recovery of treble damages. 38. Paragraph 38 is a conclusion of law to which no response is required. To the extent that a response is required, the averments are denied as stated. To the contrary, under the Pennsylvania Lemon Law, a reasonable allowance for usage is limited to usage as of the time of the first reporting of the defect. 39. Paragraph 39 is a conclusion of law to which no response is required. 40. Paragraph 40 is a conclusion of law to which no response is required. To the extent a response is required, the averments are denied. To the contrary, the defect complained of is a manufacturing defect which is well known to the Defendant and which is found in many vehicles of similar make and model. 41. Paragraph 41 is a conclusion of law to which no response is required. 42. Paragraph 42 is a conclusion of law to which no response is required. 43. Paragraph 43 is not an averment of fact or defense and no response is required. WHEREFORE, the Plaintiff respectfully requests that the Court dismiss the New Matter and award judgment in favor of the Plaintiff and against Defendant as prayed for in her Complaint. squire yep 7No.78 Atto ey I 2 0 Lingd, Suite 106 Harrisbur(717)703-3600 . ?_o Attorney for Plaintiff Date: 2 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on theeay of !. , 2007,1 served a copy of the foregoing Plaintiffs Reply to New Matter, by first-class mail, postage prepaid, upon the following: Travis N. Gery, Esquire Kantrowitz & Phillippi, LLC Suite 1100 1880 John F. Kennedy Boulevard Philadelphia, PA 19103 Attorney for Defendant tT?rr "t , rrl 't3 ZA) c.n Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 j goldberg@ssbc-law. corn PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. GEILING, Plaintiff NO. 07-1141 CIVIL TERM V. ; CIVIL ACTION - LAW GENERAL MOTORS CORPORATION, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena, or, alternatively, each party waived in writing the twenty-day notice period; (2) a copy of the notice of intent, including the proposed subpoena, and waiver, if appropriate, are attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve Date: - - o y -. Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 j goldberg@ssbc-1 aw. com PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. GEILING, Plaintiff NO. 07-1141 CIVIL TERM V. CIVIL ACTION - LAW GENERAL MOTORS CORPORATION, Defendant : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: /,/- 00 WAIVER OF TWENTY DAY PERIOD: 1, attorney for Defendant, have no objection to the request in the above- referenced subpoena, and agree to waive the twenty (20) day period in which to file an objection to the subpoena. Date: Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ?t v. AA6 File No. O ?? llyr C???7,?'m TO: 06ud 0 i-"Lurwxr- of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: at You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: osuk IZ • 6v14%&*, ADDRESS: a.dSO_ f arr,'s ? Q TELEPHONE: 712 1703--3-ZM SUPREME COURT ID# 6 ?o1 ATTORNEY FOR: ' Date: 'Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy 014 /?/lv 11 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. GEILING, Plaintiff NO. 07-1141 CIVIL TERM V. CIVIL ACTION - LAW GENERAL MOTORS CORPORATION, : Defendant JURY TRIAL DEMANDED DOCUMENTS TO BE PRODUCED PURSUANT TO THE SUBPOENA ISSUED TO LAWRENCE CHEVROLET, INC. You are to produce all of the items listed below which in any way relate to the 2005 Chevrolet Malibu, Vehicle Identification Number 1G1ZT54855F159489, owned by Christina Geiling (also known as Christina Lauer). This request includes documents stored or maintained by you electronically. 1. All documents and other records which in any way relate to inspection, repair or service to the vehicle, or requests for the same. 2. All documents and other records which in any way relate to the submission to General Motors Corporation, or any subsidiary, affiliate, agent or employee thereof, for warranty reimbursement. 3. All documents and other records received from General Motors Corporation, or any subsidiary, affiliate, agent or employee thereof, which in any way relate to the request(s) for warranty reimbursement. 4. All other documents received from General Motors Corporation, or any subsidiary, affiliate, agent or employee thereof, or attorney for, concerning Christina Geiling (also known as Christina Lauer) or the above-referenced vehicle. 5. All other documents you provided to General Motors Corporation, or any subsidiary, affiliate, agent or employee thereof, or attorney for, concerning Christina Geiling (also known as Christina Lauer) or the above-referenced vehicle. 6. All documents received by you from General Motors Corporation, or any subsidiary, affiliate, agent or employee thereof, or attorney for, concerning problems with or defects in the starter and/or ignition in General Motor Corporation vehicles for the years 2005-2007. This includes, but is not limited to, manuals, technical service bulletins, dealer alerts and other notices relating to such problems. Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 joldberg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. GEILING, V. GENERAL MOTORS CORPORATION, NOTICE TO: Custodian of Records for Lawrence Chevrolet, Inc. You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all document or things required to be produced pursuant to the subpoena issued on Qaa p,- 9W have been produced. Date: Plaintiff NO. 07-1141 CIVIL TERM CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED (Signature of person served with subpoena) Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. GEILING, Plaintiff NO. 07-1141 CIVIL TERM V. GENERAL MOTORS CORPORATION, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: Please mark the above-captioned case "Discontinued with Prejudice." submitted, Date: ? ? /0? _O / ttorney ID No. 46782 2080 Linglestown Roa Harrisburg, PA 1711 (717)703-3600 Attorney for Plai • 106 2699 AUG 27 PM I = u -b'