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Home My WebLink About03-0956COMMONWEALTH OF PENNSYLVANIA I ~ COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Corot of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned belo~ JAGUAR CARS . 09-3-04 ~'~s of -_ .--._1._, ,_~ c/o DOBIS, RUSSELL & PETERSON, P.C., 213 Yates Avenue, Woodiyn, PA 19094 DATE Of JUI:X~.~=~ IH THE CASE OF 2/6/03 I Craig C. Redmond Jaguar Cars et al. LT I PAUL K. RUSSELL/ ESQ. This block will be signed ONLY when this notation is required under Pc~ R.CJ~JJ~. No 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEA$ to the judgment for possession in this cas,, S~a;ure of Prothonc~ry or Deputy zip cooe If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Prothonotary (Common Pleas Nc~ ~)~ -- CRAIG C. REDMOND Name of appel~(s ) RULE: To CRAIG C. REDMOND Name of appellee(s) , appellee(s), to file a complaint in this appeal twenty (20) days after service/e~.ru~ entry of jp~gment of non pros . appa~(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDC4V~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (t0) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ........................ ;SS AFFIDAVIT: I hereby swear or 8.ffirm that I served [] 8. copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) ............................................... :. .................. E] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I s~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS .......................... DAY OF ........................................... Title of official My corem s~ on exp, es .,n 03/03/2003 14:46 7177376779 COMMONWEALTH OF 'PENNSYLVANIA COUNTY OF: CO)~~ Mag. DJ=. No.: 09 - 3 - 04 DJ NaP'm: Hon. ~'o,~,.: (717,) 761- 8230 17050 T~O~8. A. PLa, CJ~ 104 8. SPORT:I:NC HZLL F.D. )~~CgBURG, PA 17050 DISTRICT COURT 89384 PAGE 81 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE N~UME ~ ADDRE~.~ 410 ~~ ~O~ ~. HO~y 8~GS, PA 17065 DEFENDANT: N~E 6391 ~~ ~~CS~G, P& 17055 THIS IS TO NOI'IFY YoU THAT: Juclgment: ~ ~ Judgment was entered for: (Name) ~~~(3~a~=~ ~ Judgment was entered against: (Name) ~ in the amount of $ .. R.. 1 _~. ,;n on: (Date of Judgment) ~ Defendants are jointly and severally liable. [Docket No.: - 03 t ~ -J 10/30/03 IDate Filed; C'¢-0000535 (Date & l'ims), Amount of Judgment S 8 000. 013 Judgment Costs $ 136.50 Interest on Judgment $_ .00 Attorney Fees $ .00 Totel $ 8 136.50 Post Judgment Credits S- Post Judgment Costs $_ · ~ Damages will be assessed on: ~This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Certified Judgment Total $ PROTH~.v~n [/~L~HK OF ~E ~U~ OF COMMON PLE&S, CIVIL DEIglON. YOU MU~ INCLUDE A COPY OF THiS N~ICE OF JUDGME~RANSCR~PT FORM ~ YOUR ~TICE OF APPEAL. ~CE~ ~ OTHERWISE PROVIDED IN ~E RULES OF CIVIL PR~EDURE FOR DI~ICT JUICES, IF THE JUDGME~ HOLDER ELE~8 TO E~ER ~E JU~ME~ IN ~E COURT OF COMMON PLE~, ALL FURTHER PR~E~ MUST COME FROM THE COU~ ~ COMMON PLEAS AND NO FURTHER PR~ MAY BE ~SUED BY ~E D~TRI~ JUICE. UNLESS ~E JUOGME~ IS E~ERED IN ~E COURT OF COMMON PLE~, A~ONE I~ERESTED IN THE JUDGME~ MAY FILE A REQUEST FOR ENVY OF SA~SFACTION ~ THE DI9TRI~ JUSTICE IF ~E JU~ME~ DEBTOR PA~S iN FULL, 8~LES. OR O~ERWISE C~PLIES ~H THE JUDGME~. ..... . ., .~.. ~ %'..'.,.,.'."?.... -,/~ ~ I ~i~ that this '~ ~ ,.r.~.~ ,~: ~,~rect.~y 0,,~ ~~ _ ~ate ~ ". '.. ~t '.--.',. · ..' .. .? . : ............ ;. ' - ,~stri~'Ju~lce My commission expires first Monday of J~'nua~, ~00~ . '"'"' . ' ' AOPC 3~ 5-03 SEAL C. OMMONWEALTH OF PENNSYLVANIA "COUNTY OF: CUMBERLAND M~g. Dist. No.: 09-3-04 DJ Name: Hon. THOMAS A. PLACEY Address: 104 So SPORTING HILL RD. MECHANICSBURG, PA (717) 761-8230 17050 ATTORNEy DEF PRIVATE : PAUL K. RUSSELL, ESQ. 326 S. LIVINGSTON AVE. LIVINGSTON, NJ 07039 THIS IS TO NOTIFY YOU THAT: Judgment: ~] Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT PLA,NT FF: CIVIL CASE NAME and ADDRESS FREDMOND, CRAIG C 410 MCLAND ROAD MT. HOLLY SPRINGS, PA 17065 DFFFNDANI: NAME and ADDRESS ~LB SMITH JAGUAR, ET AL. 6391 CARLISLE PIKE MECHANICSBURG, PA 17055 Judgment was entered against: in the amount of $ _ ~JQ on: _ E~ DefendanTs are jointly and severally liable, (Date & Time) ~-] Damages will be assessed on: " Am0un[of Judgment $ .00 Judgment Costs ' $ .00 ~-] This case dismissed without prejudice. Interest on Judgment $ .00 Attorney Fees $ .00 Total ]Amount of Judgment Subject to Attachment/Act 5 of 1996 $ /Post Judgment Credits /Post Judgment Costs - (Name) .... : ,-' . (Name) .... _ .._ _,_ (Date of Judgment) $.. .0( $ $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. h ': ' at this i~ correct Date My commission expires first Monday of JanL AOPC 315-03 the record of 'y, 2004. , Dist¢ict Justice rsC°ntainingth~judgmentl ' 'l District JusticeJ SEAL L Docket No.: CV- 0000535 - 021 ~ Date Filed: 10/30/02 CRAIG C. REDMOND, Plaintiff L.B. SMITH JAGUAR and CHET ]ASCOI-i-, JAGUAR CARS, Defendants DISTRICT COURT 09-3-04 CV-0535-02 FACTS FROM TRIAl In 1999 Plaintiff purchased from a Jaguar dealership, Defendant Smith a new 2000 Jaguar S-type sedan that had a suggested retail price of $50,495.00. Plaintiff is self described as a particular person but not unreasonable. A first Jaguar from Defendant Smith was replaced with the vehicle at issUe within days of original delivery. This second vehicle was "one headache after another", which Plaintiff boiled down to nine (9) unsatisfied problem areas. The submitted repair record reflects numerous warranty service visits related to these problem areas and remedial measures for damages done during service. It came to a point in order to be covered as warranty service Defendant Smith was required to have pre authorization to perform the work by Defendant ]ascott. Defendant ]ascott authorized another Jaguar dealership to perform service work. This resulted in some of the remedial measures detailed in the repair record. Plaintiff frustrated with the years of inadequate service traded the jaguar in at non-Jaguar dealership and brought this suit to recover the financial conversion loss for the breach of warranty and for aggravation caused by the Defendants' actions. Plaintiff brought in an independent expert mechanic to substantiate the defects, relate eyewitness observations and opine the cause of the defects. Defendant Smith appeared and through its employees testified that the monies given on the trade in was at or above fair market value. Further, that after an initial warranty repair in order to be reimbursed for repetitive warranty work Defendant Smith was required to contact Defendant .lascott for pre work approval and Specific directions on what to and how to perform the repair. Defendant ]ascott did not appear at trial and by rule a default judgment for the claimed amount will be awarded to Plaintiff. The other dealership has not been joined as a party to this action for the work it performed on the Jaguar. DISCUSSION The issue to be addressed in this decision is whether Defendant Smith is liable for damages for a conversion loss caused by a breach of warranty or liable as the cause of the aggravation. This later claim is denominated as negligent infliction of emotional distress. The first claim is based on contract lawz the second is based on tort law.2 In distilling the claims to the responsible parties, it is noted that the design defects and subsequent inability to repair t, he lumber support, navigation system, window regulators, speedometer, and steering are design issues attributable to a Jaguar manufacturer. It is further noted that the damages to the wood trim and dash vent are attributable to another dealership. The remaining damage items, the wheels and hubcaps' do deal with Defendant Smith. In performing any service the implied warranty requires that the work performed be done in a quality and workmanlike manner. This warranty has been breached by Defendant Smith as shown in the resulti.ng damage to the vehicle. Defendant Smith took remedial action to replace the broken hubcaps, which satisfies this breach. The markings made on the wheels was not remedied; however, Plaintiff has not presented an actual cost to repair this damage nor a loss in the fair market value of the vehicle caused by this damage. Thus, judgment shall be in favor of Defendant Smith on this claim. The remaining claim is for the negligent infliction of emotional distress. It is simple black letter law that a tortfeasor must take its victim as it finds him. Plaintiff must suffer objective, measurable, observable physical injuries. All of the consequent psychological and emotional pain and suffering is compensable in that situation. It is further required that a plaintiff need be endangered. The facts clearly reveal that Plaintiff was never in danger by any of the averred breaches only aggravated. Pennsylvania tort law has not progressed to recognize a tort for such ~ These are causes of action found in Pennsylvania's Automobile Lemon Law, the Magnuson-Moss Warranty Improvement Act (hereinafter "the MMWA'~, the Uniform Commercial Code (hereinafter the UCC'd, and Pennsylvania's Unfair Trade Practices and Consumer Protection Law (hereinafter "the UTPCPL"). The MMWA specifically states that "a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this [ACt], or under a written relIef m an g d other le al warranty, implied warranty, or service contract, may bring suit for dama es an and equitable · ...' y court of competent jurisdiction in any State." · -_~_2~.J~(d)(1)(A). g 2 In order to recover for negligent infliction of emotional distress a plaintiff must establish, as in any other negligence case, the defendant's breach of a duty and damages proximately caused thereby. aggravation. Thus, judgment shall be in favor of Defendant Smith on this claim. ]:t is agreed that it is outrageous to purchase a vehicle th'at is equipped with such a myriad of defects that detract from the quality and quantity of use and enjoyment. ]:t is recognized that part of the purpose of the Lemon Law, MMWA and UTPCPL was to address such losses against the defendant or defendants who introduced and perpetuated such problems on the buying public. ~ludgment is in favor of Plaintiff against Defendant -]ascott in the amount of $8,000.00 plus the costs of this action. -]udgment is in favor of Defendant Smith. The parties have previouSly been advised of their appeal rights and the original exhibits have been returned to the presenting party. 6 FEB 03 Date Thomas ~. tlacey D..]. PROOF OF SERVICE OF NOTICE OF APPEAL AND' RULE TO FILE COMPLAINT (This Proof of Service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the nc,rice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND; ss AFFIDAVIT: I hereby swear or affirm that I served A copy of the Notice of Appeal, Common Pleas No. 03-956, upon District Justice designated therein on March 10, 2003, by certified mail, sender's receipt attached hereto, and upon the appellee, Craig C. Redmond, on March 10, 2003, by certified mail, sender's receipt attached hereto. Further, I served the Rule to File a Complaint accompanying the above Notice of Appeal upon tile appellee to whom the Rule was addressed on March 10, 2003, by certified mail, sender's receipt attached hereto. Postage$ ~ Certified Fee J Return Ro~l!~ Fee J3~ (3d~rsernent Required) ~tncted Del'_~ Fee (Er~domement Required) Postma~ H~e C~ ru o r~ Postage Certified Fee Return Receipt Fee ~ndomeme~t Required) Fle~3ted Delivery Fee (Endoreement Required) 1total Pc~lage & Fee,