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4, The It!ase price of the vehicle I including registration
charges, document fees, sales tax, f.inance and bank charges but,
excludin'J other collater,'11 charges 110t specified, yet defined by
the Magnuson-Moss Federal Trade Commission Improvement Act,
totaled more than $15,637.68, A true and cor.rect copy of the
Sales Agreement is attached hereto, made a part hereof and marked
as Exhibit "A."
5. Plaintiff avers that as a result of the ineffective
repair attempts made by Defendant and its authorized dealer, the
vehicle cannot be used for the purposes intended by Plaintiff at
the time of acquisition; as such, the vehicle is worthless.
6, In consideration for the lease of the above vehicle,
Defendant Mitsubishi issued to Plaintiff several written
warranties, including a three (3) year, thirty-six thousand
(36,000) mile warranty, as well as other standard warranties fully
outlined in the warranty booklet, delivered at time of sale.
7. Plaintiff has delivered the non-conforming vehicle to
an authorized service and repair facility of the manufacturer on
numerous occasions. After a reasonable number of attempts, the
manufacturer was unable to repair the non-conformities.
8. The first repair attempt to the window mechanisam is
believed to have occurred on or before August 3, 1996, prior to
the delivery of the vehicle. A true and correct copy will be
provided pursuant to the discovery process. The second repair
attempt is believed to have occurred on or before September 4,
1996, when the vehicle I s odometer showed 1,350 miles. On that
date, engine oil and filter were changed, tire pressures were
checked and adjusted, all fluid levels were inspected, front
license plate bracket was removed, and repair attempts were made
tc remedy df.!fective front door weather-strip, which did not allow
propdr closure of right front door window, causing leakage into
the car. A true and correct copy of the repair invoice summary is
attached hereto, made a part hereof and marked Exhibit "B."
9. The third repair attempt is believed to have occurred
on or before September 5, 1996, when the vehicle'S odomete~ showed
1,381 miles. On that date, repair attempts were made to right
front door glass, where weather-strip would not stay in place. A
true and correct copy of the repair invoice summary is attached
hereto, made a part hereof and marked Exhibit "C."
10. The fourth repair attempt is believed to have occurred
on or before November 6, 1996, when the vehicle'S odometer showed
3,841 miles. On that date, repair attempts were made to the right
front door window, where weather-strip was distorted and
defective. Weather-strip was replaced. A true and correct copy of
the repair invoice summary is attached hereto, made a part hereof
and marked Exhibit "D."
11. The fifth repair attempt is believed to have occurred on
or before November 22, 1996, when the vehicle's odometer showed
4,226 miles. On that date, repair attempts were made to the
defective right front door window, where, again, weather-strip was
distorted and did not fit vehicle body properly, causing 8-Pillar
moldings to come loose at the fror.t. Again, right door weather-
strip was replaced. A true and correct copy of the repair invoice
summary is attached hereto, made a part hereof and marked Exhibit
liE."
12, A sixth repair attempt is believp.d to have occurred on
or before December 20, 1996, when the vehicle's odometer showed
4,884 miles. On that date, changed oil and filter, checked and
adj usted tire pressures, and inspected all fluid levels. A true
and correct copy of the repair invoice summary is attached hereto,
made a part hereof and marked Exhibit "F".
13. A seventh repair attempt is believed to have occurred on
or before June 27, 1997, when the vehicle's odometer showed 10,948
miles. The vehicle's left door glass, again, did not fit properly
and leaked water and air.
The vehicle was serviced and the bent
door glass regulator hardware was repaired and the door glass
aligned. A true and correct copy of the repair invoice summary is
attached hereto, made a part hereof and marked as Exhibit "G".
14. In addition, Plaintiff avers her vehicle has been
subject to additional repair attempts for defects and/or non-
conformities and/or conditions for which the dealer did not
maintain records.
COUNT I
MAGNUSON-MOSS CLAIM
15. Plaintiff hereby incorporates paragraphs 1 through 14
. . MITSUBISHI
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20. VEHICLE WARAANJlU. Ihll Yn/Ildl! "J. I~ 1'101 ~ul~~rl In All
fI~l)lnn mnnutnrll1ll'!(1 l'IIl1Ilflr.1'r I ACKNi}WlUXlE TtIM I AM
UASINQ tilE VElIICl!: 'AOM YOU "AS Iii" AllU WAr YOU 00 NOT
MAKE ANV WAAnANTV OA Af.PAI!9ENTATION, fllllEn f.llPAf!iS 011
IMPLIED, A!l TO THE OfSIOH, COMPLIANCE WIJII SPC:.CIFICAJIQN!l,
aPEAAHOH OH C01lOlTIOH OF, on M TO Tllf. QUALITY OF JHI:
MATERIAL, EOUIPMENT OR wonKMAN51ilP Ilf TIlE VEHICLE OR
ANY OF ITS COMPONEtHS, ANn YOU SPECIFICAll Y DISCLAIM AllY
IMPLIED WARRANTIES INCLUDING WAAAANTIES, OF
MERCIlANTACllITY on FITNESS OF THE VEltlCU on ANY OF ITS
COMPONENTS Fan ANY PARTICULAR PURPOSE,
21. V~IIICLE INIlUAAHCE IlIrlllefllAnd IIIAII JllfI~1 pny Ill' IIl'Id ~lIP" 11'1
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PLAINTIFF'S
I EXHIBIT
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.
"J, I c.T, I-I, ~W I \![~'
](.7<> ~l/1tJnR DRIVE
'-'AP,' I ~-,{'.I.IPG PII. '7 I I"
~
SUN MITSUBISHI
SErNlCE AOVlSon ED CLAPPEI~
I AEPAiAOno[';-1 DAfE READV
W[lITrEN
I'SSr.P% !n')scp,% AP7(, MdAIOJlYJTFl;?~>7;-~'1 It',e;!;:'
i TIME IN l TIME READY. YEAR MAKE & MODEl. TELEPHONE NO..
09,~O 13,32 96 MITS'JBJ~iHJ ECLJP~-,E 7J7'6~;2-314(,
~'LE:;;~~_:~~~~:~; :;~;~s; ~:, I_L_"l~~=-.'~ ... .._~C~:.~N~~:;~"O,. MM~.NT I LOCATlo.N
'tC.. l,j'l I'(,J'."'(. l.51,1,I'jll I /ill,UNlr !..,
4434 CARLISLE PIKE
CAMP HILL, PA 17011
PHONE: 717.730-6220
STOCK NO
-vEHlcLF.io~mifiCiii'ON"" --CUST NO.
"----.-- -ThVOICf
TAG NO PO NO pnlNrt:u INVOICE" NO
l)~lc\[pr~)c ',16(1
cusfPAY o .LI\ll.':R'f PAr,,, 1 0 51A
L.AIl(JnHftTE DAlE '"
4'l,OO f) lAUG~I(, 100 Ion
II OHI~EP ~,UTES R I CHT DClf.1R \~F/>,THLr~"TR I P PUl.LS
'OUT OF PLACE WHE N D(\Or~ I E, SHUT WITH GL AS::,
fi^' ;,ED .. I"^RT W:RE
CAUSE: FOUND WEATHERSTRIP WOULD NOT STAY IN
PLACr.
42413110 REPLACED RIGHT DOOR WfATHERSTRIP
4WMT~'4 f). '\()
I MB90B162 WEATHERSTR
Fe, 560440 PART#: COUNT,
CLA I M TYPE:
.\lITH CODE:
(N/e)
(I~ Ie)
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MI~iC CHAflGES (! . f!.Q
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. . . . 'H__ on _.....
j__.L~S~ _~ISC~U~!. __.____ _. ____~_" 9_q
I SALfS lAX (1,00
PLE^SE -PAY' ---~. - --- . ... _.......c-.f'~";-~"U"'_.._.
THISAMOUNf._. 0: 0.0_ ._...:~ #~.~-::::
PLAINTIFF'S
I EXHIBIT
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2. Defendant admits only that it is a corporation whose principal place of
business is located in California. Aller reasonable investigation, defendant is without knowledge
or information sull1cientto form II belief as to what plaintilT means when she avers that Mitsubishi
is "qualilied to do business" in the Commonwealth of Pennsylvania. The Illlegation that
Mitsubishi has its "legal residence and principal pi lice of business located in Cypress, California,
and can be served at 6400 Katella Avenue, Cypress, California 90630" states conclusions oflaw
to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
3. Defendant denies that it manufactured plaintill's vehicle. After reasonable
investigation, defendaat is without knowledge or information sull1cientto form a belief as to the
truth of the remaining allegations in this paragraph of the complaint.
4. Defendant admits only that there is a document attached to the complaint
as Exhibit" A." That document is in writing and speaks for itself After reasonable investigation,
defendant is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegations in this paragraph of the complaint.
5. Denied. To the contrary, defendant has never attempted to repair plaintill's
vehicle. In further answer, plaintill's vehicle has value and is not "worthless." After reasonable
investigation, defendant is without knowledge or information sull1cient to form a belief as to the
"purposes intended by Plaintiff" at the time she obtained possession of her vehicle and as to the
remaining allegations in this paragraph of the complaint.
6. Denied. To the contrary, the only written warranties issued by defendant
for plaint ill's vehicle are the express limited warranties set forth in the Warranty Booklet for
plaintiff's vehicle. The Warranty Booklet is in writing and speaks for itself
.2.
7. Defendant denies that the vehicle was non conlorming, that there were a
reasonable number of repair attempts and that the dealer or manufacturer were unable to repair
the nonconformities. The allegations of this paragraph are otherwise conclusions of law to which
no response is required under the Pennsylvunia Rules of Civil Procedure.
8-13. After reasonable investigation, defendant is without knowledge or
inlbrmation sufficient to form a belief as to the truth of the allegations in these paragraphs of the
complaint. Defendant admits only that documents are attached to the complaint as Exhibits "B"
through "Q", the contents of which speak for themselves.
14. Defendant denies that there were defects and/or nonconformities. After
reasonable investigation, defendant is without knowledge or information sufficient to form a belief
as to the remainder of the allegations of this paragraph.
15. Defendant incorporates all prior responses of the answer as if fully set forth
at length herein.
16-17. These paragraphs of the complaint state conclusions oflaw to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. In further
answer, 15 U.S.c. ~ 2301 is in writing and speaks for itself
18. Defendant does not know what plaintiff means by warranties referred to in
this complaint. The contents of the written warranties issued by defendant for plaintiffs vehicle
are in writing and speak for themselves. The allegations of this paragraph are otherwise
conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil
Procedure.
- 3.
28-29, Denied. To the contrary, plaintill' has not sullered any damages as a result
of defendant's conduct and is not entitled to recover any dllmages from defendant. In further
answer, the allegations of this paragraph lire conclusions of law to which no responsive pleading is
required under the Pennsylvania Rules of Civil Procedure. Plaintiff is not entitled to recover the
purchase price of the vehicle or any collateral charges, including attorney's fees or other costs or
expenses,
30, Defendant hereby incorporates all prior responses of the answer as if fully
set forth at length herein,
31-32, Section 1961 of the Pennsylvania Automobile Lemon Law and the
provisions of the Unfair Trade Practices and Consumer Protection Law are in writing and speak
for themselves. The allegations ofthis paragraph are otherwise conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure.
33. Defendant denies that its conduct was reckless, wanton or willful or that it
failed to comply with the terms of any warranties, The allegations of this paragraph are otherwise
conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil
Procedure,
34, Section 201-9.2(a) of the Unfair Trade Practices and Consumer Protection
Law is in writing and speaks for itself The allegations of this paragraph are otherwise
conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil '
Procedure,
NEW MATTER
I, Plaintiff has failed to state a claim upon which relief can be granted,
2, Plaintifl's claims are barred under the applicable statutes of limitation,
- ~ -
vehicle. Nut/onwlde 1m. ('1/. v. Generul Moll/rs ('I/rp.. 533 Pa. 423. 625 A.2d 1172, 1178 (Pa.
1993).
3. Specifically denied. As stated in the Complaint and shown in Exhibits "B", "C", "0",
"E", and "G", the Plaintill's vehicle has required more than six (6) repair attempts, thus giving the
Defendant reasonable notice of the vehicle's various delects.
4. Specifically denied. The alleged defects were present pre-delivery.
5, Specifically denied. The PlaintifT did not abuse, neglect, modify or alter the vehicle. On
the contrary, the vehicle has exhibited the detects complained of since before the PlaintitTtook
possession of said vehicle.
6. Specifically denied. On the contrary, PlaintitThas brought the vehicle in for regular
maintenance and for repairs when the defects recurred. as shown by the exhibits attached to the
complaint.
7. Specifically denied. As previously stated, the alleged defects were present pre-delivery.
8. This paragraph is a conclusion of law 10 which no response is required. To the extent this
paragraph contains allegations of fact, same are specifically denied.
9. Specifically denied. As stated in the Complaint and supported in Exhibit "B," Plaintitl's
vehicle has required repair attempts for a defective front door window which caused leakage into
the car. As stated in the Complaint and shown in Exhibit "C." Plaintiffs vehicle required repair
attempts again for defective right front door glass and weather strip. As stated in the Complaint and
shown in Exhibit "D," Plaintiffs vehicle again required repair attempts for defective right front
door window glass and weather strip. As stated in the Complaint and shown in Exhibit "E,"
Plaintiff's vehicle required repair attempts for the same problem. As stated in the Complaint and
shown in Exhibit "G," Plaintiff's vehicle required repair attempts this time for a defective left front
door glass. All the above-mentioned non-contilrmitics and defects most certainly substantially
impair the use. value and safety of the vehicle.
10. Specitically denied. As stated in the ('omplaintand shown in Exhibits "B". "e". "0".
"E", and "G", the I'laintill's vehiclc has rcquired more than six (6) repair allempts, thus giving the
Defendant II reasonllble opportunity to CUI\: the vehich:'s various defects.
II. Specifically denied. As stated in Parugraph 25 of the Complaint the vehicle was bought
for. and is used for primarily personal. family and household purposes.
12. This is a conclusion of law to which no response is rcquired. To the extent that this
paragraph contains allegations of fact, same are specifically denied.
13. This is a conclusion of law to which no response is required. To the extent that this
paragraph contains allegations of fact. same arc specifically denied. By way of further answer,
Plaintiff complied with all the tenns of any applicable wrillen warranty.
14. This is a conclusion oflaw to which no response is required. To the extent that this
paragraph contains allegations of fact. same are specifically denied. By way of further answer,
Defendant has failed to comply with all the tenns of the applicable wrillen warranty, because
Defendant has to date failed to remedy the defects and non-confonnities complained of.
IS. Specifically denied. To the contrary. the Pluintiffsuffered from the complained of
defects and non-confonnities within the first 2.000 miles of taking possession of the subject vehicle.
Further, the warranty period on the subject vehicle has yet to expire. and is still in full force and
effect.
16. This is a conclusion of law to which no response is required. To the extent that this
paragraph contains allegations of fact, same are specifically denied. By way of further answer,
I I
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