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8, Based upon the statements of Defendant's omployees, nnd her belief that her
repair costs would he between $1,500,00 Hnd $3,000.00, Plaintiff purchased a
new vehicle at Defondant elll' delllel'ship on or about Soptember 12, 19B7, (See
attached copy of ardor identilied as "Exhibit A").
9. The cost of the new vehicle, a 1907 Pontiac Sunfire, was $15,473.50, Plaintiff
received the amount of $1,5W.00 as a trade-in Allowance for her W90 Grand
Am. The Blue Book Value of a 1990 Grand Am is $4,B50.00. The low trade-in
value was based upon Defondant's representation that tho vehicle needed
between $1,500,00 to $3,000,00 in repairs. PlaintiffsllIonthly car payments
were to be $2lB,OO. No lien existed upon her 190BO Grand Am,
10, Defendant indicted to Plaintiff that, because of its condition, her Grand Am was
to be sold at auction.
11. Approximately, one week after Plaintiff purchased the lB97 Sunfire, she
noticed that Defendant was attempting to sell the 1990 Grand Am at its used
car lot, Plaintiff contacted Defendant's salesman, Josh Singer, who indicated to
Plaintiffthllt the car on the let was, in fact, her previous vehicle. Mr. Singer
also indicated that the vehicle only needed minor repairs totaling, with labor,
$439.40. (See attached copy oft-epair invoice identified as "Exhibit B"). The'
minor repairs were made on 01' about September 12, 1997. Mr, Singer also
.
indicated that ho WIIS rcquested by Defendunt's SlIlos Mllnngol' to remove tho
eliI' from tho lot so thut Pluiutiff wot.ld not soo tho vohiclo,
12, 1'ho 1990 Grllnd Am wus sold on 01' IIbout mid-Soptombor by Dofondunt for
$4,200.00.
13, Plllintiffpul'chased the new vehicle and acceptod the low trade-in valuo bused
solely upon the deceptive and fraudulent statements of Defendant. Defendant
indicated that the W90 Grand Am wus in noed of a significant amount of
repairs, when in fact, tho repairs and labor were relatively inexpensive.
Defendant intentionally misrepresented the value and condition of Plaintiffs
1990 Grand Am in order to induce her into purchasing a new vehicle and
accepting a low trade-in value. The repairs to the 1990 Grand Am were
pel'formed on 01' about the sarno date upon which Pluintiffplll'chased the new
vehicle,
14, Defendant is in violation of Pennsylvania's Unfair 1'rade Pl'lIctices and
Consumer Prot.ection Law 73 P.8, Section 201.2 (4)(xxi), in engaging in
fl'uudulent 01' deceptive conduct that created confusion and misunderstanding,
Plaintiff brings this action pursuant to Section 201..9,2 of that Act,
15, Due to Defendant's conduct, Plaintiff has suffel'ed 1088 of money in the amount
of $3,431.00, Said amount representing the difference between the fail' trade
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GREGORY J: KATSHIR .
. r- Attorney at Law
. , .' ,
. , 900 Market Street
Lemoyne, Pennsylvania 17043 ~
(717) 763-8133. Fax (717) 783-9425
BILBBN P. BOYD,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYJ.VANIA
:
: NO. 98-2167 CIVIL TERM
CIVIL ACTION - LAW
FREYSINGBR PONTIAC, INC.
Defendant
:
: (COMPULSORY ARBITRATION REQUIRED)
NOTICE TO PLEAD:
TO: Eileen p, Boyd and Gregory J. Katshir, Esquire, her attorney:
You are hereby notified to file a written response to the
enclosed New Mat.ter within twenty (20) days from service hereof or
a judgement may be entered against you.
William J, Fulton
Attorney for Defendant
AliSliER WITH NEW MATTER
1. Admitted.
2, Admitted,
3, Admitted,
4, Admitted,
5. Admitted.
6. Admitted,
7, DENIED, The Plaintiff was never told that the vehicle
definitely needed a new engine, To the contrary, she was told that
because the engine was tightly seized, it would be necessary to
partially dismantle the engine by removing the oil pan to find out
what was causing the problem, Replacement of the engine was, at
the Plaintiff's request, described as the worst case scenario,
Plaintiff elected at that point to consider purchasing a new
vehicle instead of proceeding with diagnostic inspection and
repair,
8, DENIED, Because the Plaintiff would not authorize the
Defendant to dismantle the engine to accurately diagnosis the
problem, a reasonably accurate repair order estimate was never
communicated to the Plaintiff. Her decision to purchase a
replacement vehicle appears to have been motivated by her belief
that the engine might require replacement and a desire to avoid the
cost thereof,
1.
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WHEREFORE, Defendant demands judgment in its favor and against
the Plaintiff,
NEW MATTER
17, Responsive averments 1-16 above are incorporated herein
as if fully set forth.
18, The Plaintiff expressed a desire to several of
Defendant's agents and employees to not repair her vehicle and to
instead save costs of repair and purchase a new car,
19. When brought to the Defendant' fl garage, the engine of the
Grand AM was so thoroughly seized that a service technician was
unable to turn the engine over even with the assistance of a
breaker bar and socket,
20, Defendant offered to dismantle the engine and diagnose
the mechanical problem and repair it.
21, Confronted at her request with a worst case scenario
which was totally reasonable given the facts known to the
Defendant's agents and employees at the time, i.e., the reasonable
possibility that the engine would need to be replaced, the
Plaintiff instead declined and opted to purchase a new car.
22. Even while considering the purchase of a new vehicle, the
Plaintiff was again asked by Defendant's service manager if she was
sure that she didn't want the engine of the Grarld AM taken apart,
23. Plaintiff again declined to authorize Defendant to figure
out what was wrong with the car,
24. Once acquired as a trade in by the Defendant and after
deciding not to sell the vehicle at wholesale, the Defendant took
the engine apart and only then discovered that the timing gear had
broken and wedged itself into the crankshaft sprocket and had
completely seized the engine.
25, Such a mechanical problem with an engine is an extremely
rare occurrence,
26, The internally priced repair order invoice attached to
the Plaintiff's Complaint as Exhibit "6" was taken by Josh singer
and delivered to the Plaintiff without authorization,
27, Josh Singer was the salesman who earned a commission on
the sale of the new vehicle to the Plaintiff I his apparent
J
certifioate of Servioe
I hereby oertify that a true and oorreot oopy of the foregoing
Answer with New Matter is being served this date upon the attorney
for the Plaintiff via first class mail addressed as follows:
Gregory J, Katshir, Esquire
900 Market street
Lemoyne, PA 17043
Dated: May 26, 1998
~U~~
William J F 1ton
6
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EILEEN P. BOYD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 98-2167 CIVIL TERM
VS.
FREYSINGER PONTIAC, INC,
Defendant
I CIVIL ACTION - LAW
PLA.J~TIFF'S REPLY TO DEFENDANT'S NE~MATrEft
1, Paragraphs 1 through 16 of Plaintiff's Complaint are
incorporated herein as if the same were set forth in detall,
2. Paragraph 18 is denled, By way of further answer,
Plaintiff only decided to purchase a new veh.1.ole after
Defendant's agents indicated that the oosts to r~pair her vehicle
would be $1,500.00 to $3,000,00,
3. Paragraph 19 is admitted in part and denlGd in part, It
is admitted that the engine was seized at the time the vehicle
was delivered to Defendant. However, Plaintiff ill without
sufficient knowledge or information to form an opinion a8 to the
truth of the statement that a servioe technician was unable to
turn the engine over with a breaker bar and socket,
4, Paragraph 20 is denied, At no time did Defendant offer
to dismantle the engine to disoover the problem, Plaintiff was.
only told that her vehicle was in need of a new engine and that
it would cost her from $1,500,00 to $3,000,00 to repair the
vehicle.
5, Paragraph 21 is admitted in part and denied .l.n part, It
is admitted that Plaintiff opted to purohase a new vehicle after
she was told only that her vehicle was in need of a now engine
and that it would cost from $1,500,00 to $3,000,00 for that
engine, It is denied that it was reasonable for Dofondant to
"
believe that the engine would need to be replaced,
6, paragraph 22 is denied. At no time did Defendant's
service manager ask her. if she wanted the engine taken apart,
7, Paragraph 23 is denied. Plaintiff did not decline to
authorize Defendant to figure out what was wrong with her
vehicle. By way of further answer, Defendant told Plaintiff that
the vehicle was in need of a new engine and offered no other
option,
8. paragraph 24 is denied, Plaintiff is without sufficient
knowledge or information to form a belief as to the averments of
this paragraph and strict proof thereof is demanded at the time
of trial. Said averments are solely within the knowledge of
Defendant.
9, Paragraph 25 is denied. After reasonable investigation
the Plaintiff is without sufficient knowledge or information to
form a belief as to the averment of paragraph 25,
10. paragraph 26 is admitted in part and denied in part, It
is admitted that Defendant'S agent, Josh S1_nger delivered the
repair order, attached to the Complaint as Exhibit B, to
plaintiff. However, after reasonable investigation, the
Plaintiff is without sufficient knowledge or information to form
a belief as to if the order is internally priced or if Josh
Singer took the order without authorization, strict proof
thereof is demanded at the time of trial.,
11. paragraph 27 is admitted in part and denied in part, It
is admitted that Josh Singer was the salesman involved in the
sale of the new vehicle to plaintiff. Plaintiff is without
sufficient knowledge or information to form a belief as to the
truth of the averment that Josh Singer rBOlllJ.ved It Clommie.ion frolll
the sale. By way of further answer, it 18 bel1eVfld that Ju.h
Singer provided information to Plaintiff boo au.. h. reali..d that
a customer was being subjected to fraudulent or deoeptive oonduct
on the part of Defendant.
12. Paragraph 28 is denied. Plaintiff 18 wi thout eUff!oient
knowledge or information as to form a belief' tiS to the oost of
repairs to a retail customer.
13. Paragraph 29 is denied, By way of further answer,
Defendant, through its agent, Josh Singer, oontaot.d Plaintiff to
inform her that a math mistake of $1,000,00 had been made against
her. Plaintiff and Defendant then dis(lussed whether Plaintiff
should be responsible for paying that amount,
14. Paragraph 30 is ~dmitted, By way of further answer, the
$400,00 amount was a oompromise to pay for the math mistake of
DefeMant.
15. Paragraph 31 is denied. Paragraph 31 sets forth a legal
conclusion to which no responsive pleadIng 18 required,
Respeotfully submitted,
/'
-2
Gregory J,
Attorney f
a shir, Esquire
r Plaintiff
PA IOI 61967
900 Market Street
Lemoyne PA 17043
('117) '163-8133
..
j';:II,Vn')N 1', BOYD
P lnin Ui f['
IN TlIE COURT OF CO~lMON Pl.I,AS OF
CtJIolBERLAND COUNTY, PEI-INSYLVANIA
. "
,I
NO, ;'16'1
CIVIL
1990
VSi
'I
1
I
I
1
I
I
PH imnNCili:tt ]'ON'I,'IAC, INIl,
RUU: 1312-1, The Petition for Appointment of Arbitrators shall be substllnt::'ally
in thl following form:
PETI'l'ION FOR APPOUITI1ENT or ARBITRATORS
TO THE HONORABLE. THE JUDGES OF SAID COURT:
Gregory ,I. J:1I!;i3hir
the ~bo~e action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) :It issue,
Z, The claim of the plaintiff In the action is $ 1Q ,;>~3.()O
The counterclaim of the defendant in the action is :i'o .00
The following attorneys are interested in the case(s) as counselor lire other-
wise disqualified to sit as arbitrators: GrggQr:t ,]. ;-::Jtl3ll~,r ,
WilUam J. ]i'ulton
,-' counsel for the plaj,~ifl'/defendllnt in
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the cllse shall be submitted,
e fully s~
ORDER or COURT ' 'OI'O'~~t8!nr, TIlsquir()
AND NOW,. a~ .~! , . 19i1L, in consj.deration of the
foregoing petition, .J"-r''-t-t_1 dtf~1 Esq., }lbd'J A ~~~
Esq., and CJ -Wd.#- l&r.L~J) ,Esq., are appointed arbitrators in the
above-caPti~d ~i~ (or actions) as prayed for.
P. J.
EIU;t~N P. BOYD,
PI...lntlff
: IN TIn: COURT Qt' COMMON PU:AS 01<'
: CIJMUt:RLAND COUNTY, Pt~NNSYLVANIA
:
v.
FREVSINGER PONTIAC, INC.,
Defendant
: NO. 98.2167 CIVil, TERM
: CIVIL AcnON . LAW
NOTICE 01<' IIEARIl'ffi.
v ou are hereby notit1ed that the undersigned Arbitrators appointed by the Court in
the above captioned matter will meet for the purpose of their appointment on t'rlday,
December 18, 1998 at 9:30 a.m. in the Old Court House. ill the Second Floor "Iearing
Room, I Courthouse Square, Carlisle, Pennsylvania, at which time and place you may
appear and be heard, together with your witnesses and your counsel.
Parties wishing to argue legal points will be expected to have copies of cases,
statutes, etc., with relevant portions highlighted, for each Arbitrator and opposing counsel
at the commencement of the hearing.
Any Counselor Arbitrator requesting a change of hearing date must contact all
persons as to an agreeable date, provide written nDtices to all persons and reserve place of
hearing.
Dated: /() b~f~f
~ /L
Richard t. Webber, Jr., Esquire, C irman
Thomas G. Collins, Esquire
J. Jay Cooper, Esquire
To:
Gregory J. Katshir, Esquire
Attorney for Plaintiff
900 Market Street
Lemoyne, PA 17043
William J. Fulton, Esquire
Attorney for Defendant
106 Walnut Street
Harrisburg, PAl 710 I
Thomas G. Collins, Esquire
MARTSON, DEARDORFF,
WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
J. Jay Cooper, Esquire
53 West PomlTet Street
Carlisle, PA 17013
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
.s.
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