HomeMy WebLinkAbout01-06252
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Plaintiff
IN lHE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 6/-{Od{5Ci-, CIVIL
KEVIN S. BAKER,
v.
CUMBERLAND V ALLEY MOTORS and
VOLKSWAGEN OF AMERICA, INC.,
Defendants
NOTTeR
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 the Complaint and Notice are served by entering
a written appearance or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the Court without
further notice for any money claimed in the Complaint or for any other claim or relief requested by the
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 FORlH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
(717)240-6200
BY:
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ORIGINAL
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 13/-&,;)<-').7- , CIVIL
KEVIN S. BAKER,
v.
CUMBERLAND VALLEY MOTORS and
VOLKSWAGEN OF AMERICA, INC.,
Defendants
A VISO
Le ban dernandado a usted en la corte. Si usted qui ere defenderse de estas dernandas expuestas en
las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la dernanda y la notificacion.
Hace falta ascentar una cornparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma
escrita sus defensas 0 sus objeciones alas dernandas en contra de su persona. Sea avisado que si usted no
se defiende, la corte tornara rnedidas y puede continuar la dernanda en contra suya sin previo aviso 0
notificacion. Adernas, la corte puede decidir a favor del dernandante y requiere que usted curnpla con todas
las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos irnportantes
para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO
o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0
LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Asociacion De Licenciados De Cumberland
Servicio De Referencia E Informacion Legal
One Courthouse Square
Carlisle, P A 17013
Telefono: (717) 697-0371
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 61-(o;2l5d-..cIVIL
KEVIN S. BAKER,
v.
CUMBERLAND V ALLEY MOTORS and
VOLKSWAGEN OF AMERICA, INC.,
Defendants
COMPI,ATNT
TO THE HONORABLE nJDGES OF SAID COURT:
AND NOW, comes Kevin S. Baker, pro se Plaintiff in the above-captioned matter, to file a
Complaint in the above-captioned matter and, in support thereof, respectfully represents the following:
1. Plaintiff, Kevin S. Baker, is an adult individual residing at 1917 Wexford Road, Palmyra,
Dauphin County, Pennsylvania, 17078.
2. Defendant, Cumberland Valley Motors, is a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania with a principal place ofbusiness located at 6714/20 Carlisle
Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Defendant, Volkswagen of America, Inc., is a corporation organized and existing under the
laws of the State of Michigan with a principal place ofbusiness located at 3800 Hamlin Road, Aubum Hills,
Michigan, who is qualified to do business and regularly conducts business within the Commonwealth of
Pennsylvania.
4. Defendants, Cumberland Valley Motors and Volkswagen of America, Inc., at all times
relevant hereto, acted and/or failed to act by and through its authorized agents, servants, officers, and
employees, all of whom were acting within the scope of their employment.
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5. On or about June 30, 1999, Plaintiff, Kevin S. Baker, entered into a lease agreement ("the
lease") through Cumberland Valley Motors for the lease ofa 1999 Volkswagen Beetle ("the vehicle"). (A
copy of the lease is attached hereto as Exhibit "A").
6. Plaintiff, Kevin S. Baker, leased the vehicle for personal use and for transportation to and
from work.
7. Plaintiff, Kevin S. Baker, paid $570.60 at the lease signing and has made substantial
payments, in excess of $6,500, under the lease.
8. Defendants misrepresented to Plaintiff, Kevin S. Baker, that he was leasing a new vehicle
that was in perfect condition and was mechanically sound, with a full manufacturer's warranty on the
vehicle.
9. Defendants also misrepresented to the Plaintiff, Kevin S. Baker, that the 1999 Volkswagen
Beetle was free of any problems and mechanical and/or design defects.
10. In truth and in fact, the vehicle was not in perfect condition, not mechanically sound, and
had mechanical and/or design defects.
I L Plaintiff, Kevin S. Baker, relied upon the misrepresentations of the Defendants in entering
into the lease agreement and, were it not for those misrepresentations, Mr. Baker would not have entered into
the lease agreement for the vehicle.
12. The Defendants' misrepresentations caused confusion and misunderstanding of Plaintiff,
Kevin S. Baker.
13. Since Plaintiff, Kevin S. Baker, took possession of the vehicle, the vehicle has had repeated
mechanical and electrical problems, including problems with the air conditioner, check engine light, window
switches and heat shield.
14. Plaintiff has retumed the vehicle for service on numerous occasions, however, the vehicle
has never run properly.
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15. The nonconformities experienced by the Plaintiff with regard to the vehicle has substantially
impaired the use, value and/or safety of the vehicle.
16. The subject vehicle continues to exhibit substantial impairments in use, value and/or safety.
17. Plaintiff avers that the vehicle cannot be reliably utilized for the purposes intended at the
time of acquisition and, as such, the vehicle is worthless to him.
18. The vehicle has or will be out-of-service by reason ofthe nonconformities and problems
complained of for a cumulative total of thirty (30) or more calender days.
19. The Plaintiff has delivered the nonconforming vehicle to an authorized service and repair
facility of the manufacturer on numerous occasions. After a reasonable number of attempts, the
nonconformities remain uncorrected.
20. The problems have cost Plaintiff, Kevin S. Baker, in excess of $1,625.00, not including the
cost of the lease payments or down payment at lease signing.
21. Plaintiff, Kevin S. Baker, has made repeated phone calls and has sent numerous letters to
Defendants asking that he be released from his obligation under the lease since the vehicle is obviously a
lemon.
22. Defendants have made no effort whatsoever to resolve this matter without need oflitigation.
COUNT I
FHA TIDm,ENT MISREPRESENT A TION
23. Plaintiff hereby incorporates paragraphs 1 to 22 as if fully set forth herein.
24. This action is commenced under the Unfair Trade Practices and Consumer Protection Law.
73 P.S. ~201-1, et seq. ("CPL").
25. Defendants falsely represented that the vehicle was that was in perfect condition,
mechanically sound, and free of any problems and mechanical and/or design defects.
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26. Based upon information and belief, Defendants knew the 1999 Volkswagen Beetle had
defects and nonconformities, was inherently problematic, and that numerous mechanical, electrical and
design defects existed.
27. Defendants had a duty to disclose this information to Plaintiff, Kevin S. Baker, prior to
offering the vehicle for lease to Plaintiff.
28. Defendants made the above-described misrepresentations and omissions with the intent that
Plaintiff would rely upon them.
29. Plaintiff did, in fact, rely upon the misrepresentations and omissions.
30. Said representations were made in violation of3 7 Pa. Code 301.2 of the Automotive fudustry
Trade Practices Act and other provisions of that act, making such conduct unlawful and a per se violation
of the Unfair Trade Practices Act.
31. Defendants are strictly liable for their false representations and, in the alternative, are liable
for fraud and negligence.
32. Reliance upon the aforesaid misrepresentations were a primary element of Plaintiffs lease
of the vehicle.
33. Plaintiff avers that if the Defendants had disclosed the true facts about the vehicle, Plaintiff
would not have leased it.
34. Plaintiff, Kevin S. Baker, has suffered extensive damages as a result of the wrongful conduct
of the Defendants.
35. The conduct of the Defendants outlined above was outrageous, recklessly indifferent and
unconscionable and constitutes an express deceptive act or practice in violation of the CPL and the rules and
regulations promulgated pursuant to the CPL
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WHEREFORE, Pro Se Plaintiff, Kevin S. Baker, demands judgment from Defendants in excess of
Twenty-Five Thousand Dollars ($25,000.00), which damages should be trebled, together with interest,
attorney's fees, and costs of suit.
COUNT II
BREACH OF CONTRACT
36. Plaintiff hereby incorporates paragraphs I to 35 as if fully set forth herein.
37. Plaintiff believes and therefore avers that the Defendants promised, implicitly, that the
vehicle was free of defects.
38. Defendants failed to lease Plaintiff a vehicle free of defects and failed to inform the Plaintiff
of the same, thus breaching the contract's implicit obligations.
39. Plaintiff has incurred expenses forrepairs which were non-corrective for defects that existed
at the time oflease.
40. Plaintiff did not receive that for which he bargained, a vehicle free of defects and/or full and
complete representations regarding the vehicle.
WHEREFORE, Pro Se Plaintiff, Kevin S. Baker, demands judgment from Defendants in excess of
Twenty-Five Thousand Dollars ($25,000.00), which damages should be trebled, together with interest,
attorney's fees, and costs of suit.
COUNT ill
VIOI,A nON OF ncc
41. Plaintiff hereby incorporates paragraphs I to 41 as if fully set forth herein.
42. This action is also commenced under the Uniform Commercial Code, 13 Pa.C.S.A.
~~2AI02, 2A212, 2A213, and 2A508 ("UCC").
43. The vehicle was not merchantable and not fit for its ordinary purpose.
44. The Defendants knew the vehicle was not merchantable nor fit for its ordinary purpose, and
yet still offered the vehicle for lease to Plaintiff, Kevin S. Baker.
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45. Defendants breached the implied warranties of merchantability and fitness for a particular
purpose, which a lessor cannot contract out of.
46. Plaintiff, Kevin S. Baker, is entitled to the following three remedies:
a) cancel the lease agreement;
b) recover so much of the rent and security as has been paid and is just under the
circumstances; and
c) cover and recover damages.
WHEREFORE, Pro Se Plaintiff, Kevin S. Baker, demands judgment from Defendants in excess of
Twenty-Five Thousand Dollars ($25,000.00), which damages should be trebled, together with interest,
attorney's fees, and costs of suit.
COUNT IV
PENNSYI,VANTA IJNFAm TRADE PRACTICES
47. Plaintiff hereby incorporates paragraphs 1 to 46 as if fully set forth herein.
48. The conduct of the Defendants as described above is a violation of the Pennsylvania Unfair
Trade Practices Act, 73 P.S. ~201-2, et seq.
49. Plaintiff believes, and therefore avers, that Defendants' actions also constitute otherwise
deceptive, fraudulent, reckless, wanton or willful conduct which is prohibited.
50. Section 201-9 .2( a) of the Pennsylvania Unfair Trade Practices and Consumer Protection Act
provides for private causes of action for any person "who purchases or leases goods or services primarily
for personal, family household purposes." The Statute authorizes the Court, in its discretion, to award up
to three (3) times the actual damages sustained for violations.
WHEREFORE, Pro Se Plaintiff, Kevin S. Baker, demands judgment from Defendants in excess of
Twenty-Five Thousand Dollars ($25,000.00), which damages should be trebled, together with interest,
attorney's fees, and costs of suit.
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COUNT V
NRGUGRNCR
51. Plaintiff hereby incorporates paragraphs 1 to 51 as if fully set forth herein.
52, Defendants were negligent in their actions set forth above and failed to exercise reasonable
care and competence in this regard and negligently communicated false information to Plaintiff.
53. Defendants negligently failed to discover the vehicle had inherent mechanical and electrical
problems.
54. Plaintiff justifiably relied on the actions and representations of Defendants and suffered
pecuniary loss as a result.
WHEREFORE, Pro Se Plaintiff, Kevin S. Baker, demands judgment from Defendants in excess of
Twenty-Five Thousand Dollars ($25,000.00), which damages should be trebled, together with interest,
attorney's fees, and costs of suit.
Respectfully submitted,
DATE:
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Pro Se Plaintiff
Counsel for Plaintiff
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; . . \ CONSUMER PAPER'
.E.lm. CommonwealULBan~ \.. .'~ m 06/30/19!Jl1;.OSEQ END MOTOR VEHIClELEASE -:-c cc-c--::"-'
lesSor Nome and. Business AddreSs lessee(s) Name(s) andfleSidenceAddresS(es). " . . ,. . .
6714/20 CARLISLE PIKE
MECHANICSBURG. PA 17055
'1917WEXFORD ROAD
'PALMYRA PA 17078
. , - . - . .
. County
Vou are the lessee(s) named above. We are the leSsOr named above, We intend to' assign this lease Agreefllent lthe. "lease") to the Assignee named belilw.,: Prior to the as$i~nri\ent.'any
reference in this lease to "We; "Us' or to "lesSOr" shall mean iIIeleSsor named above. However, under1hefederal Consumer leasingi\c~ both We'1rii1 thef\sSigneenamed belovi'are
considered' "lessor.;" Except for this required disclosure, the Assignee will have' no'rights or obligations as a lessor on.!.is tease until it. isassigned.fhen,1tnYrmerence10. "We"'''\ls"~r
to "lesso!" shall mean the Assignee, Each of you who signs thelOilse'I, iridividlially'liable t6l1s for allleasiiilbllgatiohs. 'Iou are leasing the Vehicle described below ("the Vehicle' from us,
Vou agree to pay all amounts due'under the lease and fulfill all'yOllr obligations Under the lease. Vou intendlo Use 1M Vehicle primarily fot personal,I.lt)lInrhou,ehOld plirpose"lmless
the 'Business, Commercial or Agricultural Purpose Lease" boxabov.e is chec~ed..rn this Lease, "e' mean, an "lblJlate. . ..' .' '. ' ..~ "C' ,'", ; . ~ :- '
Used I
Demo [
Equipped With:
1999
VOLKSWAGE
BEETLE
ePE
3VWCC21C7XM465050
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213
$
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Amount Due at Lease Monthly Payments 242 10 Other Charges (Not part of your monthiy payment) . Total of Payments '"'
Signing or Delivery Vour first m~~IY !Iuwent of $ i 999 lfhe amount you will have
lltemized below)" IS due on 59 .- Disposition fee (If you do not paid by the end of the lease)
tolloW-l ~~ . 1 0 P~lYWf of PMo/'A"etheVehicle) $~
570.60 $ due on the "iA $ NIA 14879.50
$ of each 104f!1'2P:l' .t~of your monthly payments $ $
"- IS$ fotal $ 275.00 ~.
r "Itemization of Amount Due at lease Signin~Or Delivery '\
Amount due at Lease signing Or delivery: Refundable Security Deposit +$ 2 1 ~ . ~g How the amount due at Lease signing or delivery .'
Capitalized Cost Reduction $ MIA Title Fees +$' .will be paid:
Sales Tax on Cash Downpayment +$ MIA RegisY1ti~ Fees +$ 6. 00 Net trade-in allowance.* $ "fA
Sales/Use fax +$ p ront Ban +$ "I A Rebates and non-cash credits +$
Optional MBP +$ "fA 8"IIK lee +$ H{/\ Amount to be paid in cash +$ 576.06
l41.10
first Monthly Payment +$ MfA 570.60
~repaid Rental Payment +$ fotal $ .. . fotal $ 570.60
r Your Monthly Payment is Determined as shown below: "
Gross capitil~~5'~st1Tge agreed upon value of the Rent charge. The 31JlOunt charged i~ ad~ition to the 4292.19 .
Vehicle ($ . I and any items you pay over depr~ciatjon and any amortized amounts +$
the lease term (such as service contracts, insurance, and any .~ Total of base monthly payments. fhe depreciation and .
outstanding prior credit or lease balance . \' $ l 8826. 16 . any amortized amounts plus the rent charge =$ 13326.60 .
Capitalited cost reduction.lh~ amount of any net traae.in . ....
allowance, rebate. non cash credit, or cash you pay that Lease term. The number of months in your Lease 60 . :
reduce, the gross capitalized cost -$ . . i. ....
Adjusted capilalited cost. fhe amount used in = $ 18826.16 . Base Monthly Payment =$ .222.11
calculating your base monthly payment MIA H/A
Residual Value, fhe value of the Vehicle at the end of 9791.75 .' . . + . "".-.,',,;' .
. . ,."
the lease used in calculating your base monthly pay",ent -$ 19.99 :>
DepreciJItion and-any amortited .amounts. The amount Monthly sales/use tax +$ e
charged for the Vehicle's decline in value through nonnai , . .
wear and for other items paid OVer the lease term 9034.41 24Z. 10 ".
=$ Total monthly payment = e "
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. 1Ii1jij11ei1"Capotallzed COsi:TOeamouiifUseairi =$18826.16 Base Mo~th!Y' Paymenr---'~ --------,---.-=$ ~~...;-r;a;
calculati~g your base monthly payment M/A MIA "
Residual Value, The ,alue 01 Ihe Vehicle at Ihe end of 979L75 , ~+ - .J~'
. , .:
~the leas~ used in calculating your base monthly payment -$ .' 19.99 ,
Monthly sales/use tax +$ e
Depticiation and any amortized amounts. T~e_amount . 'd' 0
chareed for the Vehicle's decline in ,alue through normal =$ . 9034.41 . 242.10 .~
wear and for other items paid over the lease term Total monthly payment = .
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EARlV TERMiNATION. Vou may have to pay a subsiantial chari' if you end this Lease early: Th.charo.m;v b. UD to sever~1 thousand dollars: Tl!eactual.charge will d~pend
Dn ..hen the Lease is terminated. The earlier yo. end tht L.ase, the greater this charge is 'ikely to be. .' ., " '" . . ." , .'
Excessive Wear and Use. You may be charged for exceSsive wear based on {lur standards for norm~1 use-and if you drive in excess of 1 " ~.uuu miles pefyear,_ttie followin~Y
penalty will beimpDsed: , 14.999. . . 10 . .' 15 000 . '
If(/lllli48~furers Suggesled Relail Price (MSRP/ ist2 or less, lheexcess mdeane~/1I he$ per excess miles. If IheMSR~'_from$ . . i.
to $ the excess mileage penalty will he~. ,i per excess m~es.11 the MSRP IS' . orover, th~.exce~~.. '?'!'i'lty will be $'" per excess, miles.:
Purchase 0,"1'16,at End DfLease Term. Vou ,havethe optiontD purchasetheVehicle ~t theend of the Lea~e term for $ " . '. . '. ,.and a 'purchase opllon'fee of!
$ . ' . The purchase DptIDn'1>nce does not Incluik Dff,c,al.fees such as those 10f ta,es, tags.. hllellse. and regIStration. :.'. ..' ,.:
Other Important Terms. See your Le.ase dDcuments fur additional information 011 early termination, purchase options and maintenance responsibilities, warranties. lale and detaultl '
~harges, insurance, and any security interest, if applicable. . . .. . jJ
,
Agreed upDn ,alue of the
Vehicl"lS251.16
$
Official Fees and Taxes.. The total amount you will pay for official and license fees,
registration, title and taxes awr lhe term DI VOllf6113se.,lIfItether included wi1l1 your mon1l11y
payments or assessed otherWise: $ ".1,,; .1...::JU. e
Warranties. The Vehicle is subject to the following express warranties: If the Vehicle is new,
the Vehicle is suhject to the manufacturer's standard new car warranty. I lit this hox is
checked, the Vehicle is subject to the fallowing express warranty or guarantee:
M/A
If the Vehicle is not new, and no warranty is identified in.the previous sentence, there is no
express warranty an the Vehicle. Unless prohibited hy law. the lollowing two sentences apply.
YOU ARE LEASING THE VEHiCLE "AS IS: WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW.
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABllITV AND FITNESS FOR ANV
PARTICULAR PURPOSE. If we make a wrillen warranty cDvering the Vehicle or. within 90
days of the lease Date we extend a service contract coverinl! the Vehicle. this disclaimer will
Oth'B~R'jgitYF ee
$ $ ;lUU.W
,J,::Jl~f<<P!tli ,:l :'. ," ". 1..'>>)< ,. ~Kit4-~~ ,,; ".Mff11tuW" %Iwr.:~ >>~. ;<~~~plw(*i% ~:
not affect any implied warranties during the term of the warrantY or service contract !
Late Payments. No late charge will h.assessed Or collected when the only delinquen9Y is
late charges assessed on an earlier delinquency. The charge for late payments is the greater
of $5.00 or 5% of the hase manthiy payment for any payment not received within 10 days
of the date it is doe. !
OispDsitiDn Fee (See "Return of the Vehicle" anthe of her side ofthis lease):
$ 275.00
Early TerminatiDn Purchase Option Fee (See "Option to Purchase Vehicle Upon Early
Termination" on the other side of this Lease): $
Early TerminatiDn Fee (See "Terms Concerning Early Termination of the lease" on the qther
side of this Lease): $ '250.00 .
Physical Oamage a'l<<i!.hi~'Illn.uranoe., You have obtained the iJ\SlI<anc...lhaIls.r~iljed fDI t~~ lea~e)~~"lnsurance" on the other side of t11ls Lease.)
NAME OF AGENT ;:; Mill. I TELEPHONE # I if O::>/lI'(l1:ICY OAfr!:l:l 1 UU INSURANCE COMPANY PROGRESSI VE INS
I
fgt~11~r~W414Rii(%~1@ff@fu1~r{fli1tf.i~i!\1tt~flliltBtl1&!t~~11~ltrf*1{flt,[(:.;:i.:\~~",,,~.~K'~':'~"~~h~_1B~JIIIIil~~f:li1llil~lfw1~i111;~~ttf*&tltlig1*f~jiwl~~fMI~11fM~i{Jpj~'.:j
You are not required to buy any optional products and services to enter into the Lease. The
term of any product or service will be the Lease term, unless a different term is shown to the
right. If you decide you want to buy an optional product or service, review the terms of the
contract which describes the product or service before you initial to the right. A completed
copy of tile contract will be given to you as soon as practicable.
By initialing to the right. you indicate that you want to buy the optional products and
services indicated. If the cost shown is not shown as part of the Itemization of Amount
Due at lease Signing above, it has been added to the Gross Capitalized Cost (see above).
Optional Mechanical Breakdown Protection ("MBP") Term
Lessee's Initial,. I ^
Coverage I . l
Optional Service Contract Term or Extended Warranty Term
lessee's Initials Ii 'A
Coverage I
N/A
NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIl YOU EXERCISE YOUR OPTION TO PURCHASE
THE VEHICLE. DO NOT SIGN THIS LEASE BEFORE YOU READ BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANl< SPACE TO BE FilLED IN. YOU ARE
ENTITLED TO A COMPLETElY FILLED-IN COpy OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEDGE THAT YOU HAVE
RECEIVED AND READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNING IT.
;;'.I!f!ritjtll\:~~kltf~!t_titlim\!!t!l:~I~QfliDilll€i!~{I~~I;l1lli(!I!~tt~lj!fr~.qJ~!li~t1l11i;~j;tj'f4
~essee Signature
Type/Print lessee Name
The Lessor's authorized signature indicates the lessor has accepted the terms, conditions and obligations of the Lease and that the lessor agrees to the "lessor's Assignmenr provision
on the other side of this lease. !
lessor Name: CUMBERLAHO VALLEY MOTORS
Assignee Name: First Commonwealth Bank
P.O. BDx 400, Indiana. PA 15701
By:
Type/Print Name:
Type/Print TItle:
",\f~Xg,IJ"Q't~Q~_~JlTh~~~~n
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~ ~o ~ tile excess mileage pen8lfY will Qe ~-' ,~' per excess ml,~s; 'fine Mi:Sltr;IS-" -- ',_ Dr~~ver,lne ex~~!'f~~ ,~my Will De ~ -- ." Per exc~S5mllt!~.
Purchase OiM\,,,at End of Lease Term. You have the option to purchase the Vehicle at the end of the Lease term for $.. .. . . and a purchase opl,on fee of
$ , The purchase option''Pnce does not ;nctu6e official'lees'Such as those for tilxes, tags,lieense and registration. '-' .
Other-Important Terms. See your lease documents for ad~rtional information o'n early termination, purchase opt~ons and maintenance responsib~lities, warrantiesl late and default
c~arge~..iMs_urance. afld any__security int~rest, it ap~!idlble. _ -._ " ' ,_ _ _ _ ,_ _ . ,
AEreed upon value of the
Vehicl"l8251.16
$
Sales Tax
(Including luxurYN'!A
$
Mechanical Breakdown
Protection
$
'. .~~':".,.:ffim::.$h%htmtgk41Jill%{@f#jl(%%jMWm~j1"::. -':,
Official f,ees and Taxes.. The total amount you will pay for official and license fees,
registration, title and taxes over the term of Yf~6tlS"9't'i'ether included with your monthly
payments or assessed otherWise: $ ..' . - e
Warranties. The Vehicle is subject to the following express warranties: If the Vehicle is new,
the Vehicle is subject to the manufacturer's standard new car warranty, [ )If this box is
Checked, the Vehicle is subject to the following express warranty or guarantee:
N/A
If the Vehicle is not new, and no warranty is identified in the previous sentence, there is no
express warranty on the Vehicle. Unless prohibited by law, the fallowing two sentences apply.
YOU ARE lEASING THE VEHICLE "AS IS." WE DISCLAIM ANY WARRANTIES IMPLIED BY lAW,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABiLITY AND FITNESS FOR ANY
PARTICULAR PURPOSE. If we make a writlen warranty covering the Vehicle or, within 90
days of the Lease Date we extend a service contract coverinl! the Vehicle. this disclaimer 1,'/111
not affect any implied warranties- du'ring "the term of the warranty or service contract.
late Payments. No late charge' will be assessed or collected when the only delinquency is
late' charges assessed on an earlier delinquency. The charge for late payments is the greater
of $5.00 or 5% of the base monthly payment for any payment not received within 10 days
of the date it is due.
Disposition Fee ISee "Return of the Vehicle" on the other side offhis lease):
$ 275.00
Early Termination Purchase Option Fee (See "Option to Purchase Vehicle Upon Early
Termination" en the other side of this lease): $
Early Termination Fee (See "Terms Concerning Early Termination of the lease" on the other
side of this lease): $ 250,00
Physical Oamage a'l<<i\bi~lJQ!l's~ You have obtained the il\Sll<inc.e Il1aIls,r~~d fOI tp~ iea.e}'il:e-"lnsUranCe" on the other side ot this lease.)
NAME OF AGENT. TELEPHONE # III O:>/l/'(ll:tCY DAff!~:J 1 UU INSURANCE COMPANY PROGRESS:IVE INS
You are not required to buy any optional products and services to enter into the lease. The
term of any product or service will be the lease term, unless a different term is shown to the
right. If you decide you want to buy an optional product or service, review the terms of the
contract which describes the product or service before you initii1 to the right. A completed
copy of the contract will be given to you as soon as practicable.
By initialing \0 the right, you indicate that you want .to buy the optional products and
services indicated. If the cost shown is not shown as part of the Itemization of Amount
Due at Lease Signing above, it has been added to the Gross Capitalized Cost (see above).
Oplional Mechanical Breakdown Protection ("MBP") Term
Lessee~ IniliaiN "
Coverage 1 .~
Optional Service Contract Term or Extended Warranty Term
Les.ee~ Initio!. N 'A
Coverage ,
N/A
NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE
THE VEHICLE. DO NOT SIGN THIS LEASE BEFORE YOU READ BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FillED IN. YOU ARE
ENTITLED TO A COMPLETELY FILLED.IN COPY OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEOGE THAT YOU HAVE
RECEIVED AND READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNING IT.
,111'1111D~I~_II!)jft.hil\ll!ll!li~}:lljil~I~I~!e!IJljl\\ml,t~fliZ
: .:.:::'~~Li;.'. ':':.:I._~$fl"l1itilE11;_j.:~,..::
lessee Signature
Type/Print lessee Name
CUMBERLAND VALLEY MOTORS
The lessor's authorized signature indicates the lessor has accepted the terms, conditions and obligations of the lease and that the lessor agrees to the ulessor's Assignmenr provision
on the other side of this lease.
lessor Name:
Assignee Name: First Commonwealth Bank
P.O. Box 400, Indiana, PA 15701
By:
Type/Print Name:
Type/PrintTItle:
IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE. WE MAY RETAKE THE VEHICLE.
LEASE GUARANTY
I (the Guarantor(s) signing below) understand that the lessor and lessee named above have entered into a vehicle lease agreement ("the lease") dated as of the date below. I hereby
unconditionally guarantee fUll and timely payment when due ot all rentals and other payments and the full pertormance by lessee of all promises, terms and conditions of the lease
(collectively the "liabilities"). If an event of default occurs under the lease, I shall pay immediately any amo~nts due, from the lessee or take any action required ot the lessee under the
lease, My liaMity under this Guaranty is primary and will not be affected by any settlement, extension,.renewaf or modification of the lease or by the discharge or release of the lessee's
obligafions, whether or not by operation of faw. J waive all damages, presentment~ and demands an.d nolices'of every kind and nalure. I agree 10 pay all expenses lincfuding attorneys' fees
and legal exptnses) you payor incur in trying to collect all or any part of theliabilitie~ and in enhltting this Guaranty. This Guaranty is an absolute, continuing and unconditional guaranty.
After assignment of the lease, th~ Guaranty ma, be modified or terminated only with the assignee's prior written consent Any parts of this Guaranty which confilct with any statute, rule
or law, shall be deemed null and void to the extent of such confilot, but withoul affecting the rest of this Guaranty. If more than one party signs this Guaranty, each is jointly and severally
obligated. Each signer on behalf of any corporate guarantor warrants that he had authority to sign on behalf a! such corporation and by so signing, to bind the corporate guarantor under
this Guaranty.
Signed in the presence ot
06J30J1999
(SEAL)
Signature ot Guaranto!
_RlRIlUSS98'2-SlllI971
_'I,VIJA
06J30/1999
Oate
(SEAL)
Date Signature of GuarantOl
l.fSS(IROOpy. White. DEAlER COPY .tanary -lfssEECOPY . Piq,.,copy . Goldenrod
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01997 BANCONSUMEIl: SERVICE. 'He.
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VERIFICATION
I, Kevin S. Baker, do hereby swear and affirm that the facts and matters set forth in the Complaint
are true and correct to the best of my knowledge, information and belief. The undersigned understands that
the statements made therein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
DATE:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06252 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BAKER KEVIN S
VS
CUMBERLAND VALLEY MOTORS ET AL
DOUGLAS DONS EN
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CUMBERLAND VALLEY MOTORS
the
DEFENDANT
, at 1550:00 HOURS, on the 5th day of November, 2001
at 6714-20 CARLISLE PIKE
MECHANICSBURG, PA 17055
by handing to
BILL MILLER, SALES MANAGER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
5.20
.00
10.00
.00
33.20
.r"~r/<:~
R. Thomas Kline
me this /3t!::
day of
11/06/2001
KEVIN S B~ ,
By: LL4l
Deputy Sheriff
o~
Sworn and Subscribed to before
fL".,,,, A.. PM. oJ 60( A. D.
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Prothonotary'
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Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND CO., PENNSYLVANIA
KEVIN S. BAKER,
v,
NO. 01-6252
CUMBERLAND V ALLEY MOTORS
and VOLKSWAGEN OF AMERICA, INC.,:
CIVIL ACTION - LAW
Defendants
IMPORT ANT NOTICE
TO: Volkswagen of America, Inc.
3800 Hamlin Road
Auburn Hills, MI 48326-2855
DATE OF NOTICE: December 4,2001
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT
A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
P,O. Box 186
Harrisburg, PA 17108
(800) 692-7375
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Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND CO., PENNSYLVANIA
KEVIN S. BAKER,
v.
NO. 01-6252
CUMBERLA.ND V ALLEY MOTORS
and VOLKSWAGEN OF AMERICA, INC.,:
CIVIL ACTION - LAW
Defendants
NOTICTA TMPORTANTR
A: Volkswagen of America, Inc.
3800 Hamlin Road
Auburn Hills, MI 48326-2855
FECHA DE NOTICIA: December 4,2001
USTED HA NO COMPLIDO CON EL A VISO ANTERIOR PORQUE HA F ALTADO EN
TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA
DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN
F ALSO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y US TED PODRIA
PERDER SU PROPIEDAD 0 OSTROS DERECHOS IMPORT ANTES. US TED DEBE LLEV AR
ESTA NOTICIA A SU ABOGADO EN SUGUIDA. SI USTED NO TlENE ABOGADO 0 NO
TIENE CON QUE P AGAR LOS SERVICIOS DE UN ABOGADO, VA Y A 0 LLAME A LA
OFICINA ESCRIT A ABAJO PARA A VERIGUAR A DONDE US TED PUEDE OBTENER LA
A YUDA LEGAL.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
P.O. Box 186
Harrisburg, PA 17108
(800) 692-7375
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CERTIFICATE OF SERVICE
I, Kevin S. Baker, Plaintiff Pro Se, do hereby certifY that on the date listed below, I did serve
a true and correct copy of the foregoing document upon the following person(s) at the following
addressees) by sending same in the United States mail, first-class, Certified-Return Receipt
Requested, postage prepaid:
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Volkswagen of America, Inc,
3800 Hamlin Road
Auburn Hills, MI 48326-2855
Date: 121't I
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 01-6252
KEVIN S. BAKER,
v.
CUMBERLAND VALLEY MOTORS and
VOLKSWAGEN OF AMERICA, INC.,
Defendants
CIVIL ACTION - LAW
ORDER
AND NOW, this
day of
,2001, upon consideration of
the Preliminary Objections of Defendant Cumberland Valley Motors, it is hereby ORDERED
that Defendant Cumberland Valley's Preliminary Objections are GRANTED and Plaintiffs
Complaint is hereby DISMISSED with prejudice.
BY THE COURT:
1.
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KEVIN S. BAKER,
IN TIIE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
DOCKET NO.: 01-6252
CUMBERLAND VALLEY MOTORS and
VOLKSWAGEN OF AMERICA, INC.,
Defendants
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS OF DEFENDANT
CUMBERLAND VALLEY MOTORS
AND NOW, comes Defendant Cumberland Valley Motors, by and through its attorneys,
Mette, Evans & Woodside, P.C., pursuant to Pa. RC.P. No. 1028 objects as follows:
I. Plaintiff, Kevin S. Baker, filed a civil action Complaint on or about November 1,
2001.
2. Plaintiff seeks recovery from Defendant Cumberland Valley Motors for damages
as a result of problems he has experienced with a leased 1999 Volkswagen Beetle.
I. DEMURRER
3. Paragraphs I and 2 are incorporated herein by reference.
4. Plaintiff's Complaint fails to identity, specifically or with inference, the nature of
its claim against Defendant Cumberland Valley Motors.
5. Plaintiff's Complaint fails to state a cause of action under either contract or
negligence.
6. Plaintiff's Complaint fails to state a cause of action for negligence where
Defendant's duty to Plaintiff arises from a contract.
7. It is impermissible under Pennsylvania law to label a breach of contract a "tort" to
sustain a separate cause of action in negligence.
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WHEREFORE, Defendant Cumberland Valley Motors respectfully requests that
Plaintiff's Complaint be dismissed with prejudice.
II. MOTION TO STRIKE
8. Paragraphs 1 through 7 are incorporated herein by reference.
9. Plaintiff's Complaint fails to allege facts to support independent negligence
claims in accordance with the Pennsylvania law and rules of civil procedure.
10. Plaintiff claims attorney's fees as damages in each of its prayers for relief.
11. The attorney's fees and any litigation expenses claimed are improper elements of
damages for the claims asserted.
WHEREFORE, Defendant Cumberland Valley Motors respectfully requests that
Plaintiff's negligence claim be stricken and/or plaintiff's claims for attorney's fees or litigation
expenses be stricken with prejudice.
Respectfully submitted,
METTE, EVANS & WOODSIDE
BY:
Jo:t?ig; ~
Sup. Ct. L D. #55741
3401 North Front Street
P. O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000
Attorneys for Defendant,
Cumberland Valley Motors
DATE: November21,2001
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States
Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows:
Kevin S. Baker
1917 Wexford Road
Palmyra, P A 17078
METTE, EVANS & WOODSIDE
W;~ ~
By:
John . Yanine~, squire
Sup. Ct. J.D. #55741
3401 North Front Street
P.O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000
Attorneys for Defendant,
Cumberland Valley Motors
DATED: November 21,2001
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You are "f1ereby
notified to file a written
response to the enclosed
~~ within
twenty (20) days from
service hereof or a
judgment may be entered
agaj.nst you., 1J
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Atto ney for Defendant
LAW OFFICES OF RAYMOND T. LE BON
BY: Raymond T. Le Bon, Esquire
I.D. No.: 49384
1819 J.F.K. Boulevard
Suite 300
Philadelphia, PA 19103
(215) 569-9860
ATTORNEY FOR DEFENDANT
VOLKSWAGEN OF AMERICA, INC.
KEVIN S. BAKER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
CUMBERLAND VALLEY MOTORS AND
VOLKSWAGEN OF AMERICA, INC.
NO. 01-6252
ANSWER WITH NEW MATTER OF DEFENDANT VOLKSWAGEN OF AMERICA, INC.
TO PLAINTIFF'S COMPLAINT
Volkswagen of America, Inc. ("VWoA") through its attorney,
Raymond T. Le Bon, Esquire, by way of answer says:
1. Denied. After reasonable investigation, answering
defendant is without knowledge or information sufficient to form
a belief as to the truth of the allegations of this paragraph
and, therefore, said allegations are denied.
1
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2. The allegations of this paragraph do not involve
answering defendant and, as such, no response is required. To
the extent that the allegations of this paragraph involve
answering defendant, said allegations are denied.
3. Admitted in part; denied in part. It is denied that
answering defendant is a Michigan corporation. VWoA is a New
Jersey corporation. The remaining allegations of this paragraph
are admitted.
4. As to answering defendant, the allegations of this
paragraph are legal conclusions and, as such, no response is
required. To the extent that the allegations of this paragraph
are not legal conclusions, said allegations are denied.
5. Denied. After reasonable investigation, answering
defendant is without knowledge or information sufficient to form
a belief as to the truth of the allegations of this paragraph
and, therefore, said allegations are denied.
o. Denied. After reasonable investigation, answering
defendant is without knowledge or information sufficient to form
a belief as to the truth of the allegations of this paragraph
and, therefore, said allegations are denied.
7. Denied. After reasonable investigation, answering
defendant is without knowledge or information sufficient to form
a belief as to the truth of the allegations of this paragraph
2
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and, therefore, said allegations are denied.
8. As to answering defendant, admitted in part; denied in
part. It is admitted only that answering defendant provides
express, limited, written warranties for new Volkswagen vehicles
sold or leased by authorized dealers in the United States. The
remaining allegations of this paragraph are denied.
9. Denied. It is specifically denied that answering
defendant made any misrepresentations at any time relative to the
issues herein. To the contrary, the vehicle at issue is free of
defect and fit for its intended use without misuse at the time it
left answering defendant's supervision and control.
10. Denied. To the contrary, the vehicle at issue is free
of defect and fit for its intended use without misuse at the time
it left answering defendant's supervision and control.
11. Denied.
It is specifically denied that answering
defendant made any misrepresentations at anytime relative to the
issues herein. After reasonable investigation, answering
defendant is without knowledge or information sufficient to form
a belief as to the truth of the remaining allegations of this
paragraph and, therefore, said allegations are denied.
12. Denied. It is specifically denied that answering
defendant made any misrepresentations at any time relative to the
issues herein. After reasonable investigation, answering
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defendant is without knowledge or information sufficient to form
a belief as to the truth of the remaining allegations of this
paragraph and, therefore, said allegations are denied.
13. Denied. To the contrary, the vehicle at issue herein
is free of defect and fit for its intended use without misuse.
14. Denied. After reasonable investigation, answering
defendant is without knowledge or information sufficient to form
a belief as to the truth of the allegations of this paragraph
and, therefore, said allegations are denied.
15. Denied. To the contrary, the vehicle at issue is free
of defects and non-conformities and fit for its intended use
without misuse at the time it left answering defendant's
supervision and control.
16. Denied. To the contrary, the vehicle at issue herein
is free of defects and non-conformities and fit for its intended
use without misuse.
17. Denied. To the contrary, the vehicle at issue is free
of defect and fit for its intended use without misuse.
18. Denied. To the contrary, the vehicle at issue is free
of defect and fit for its intended use without misuse at the time
it left answering defendant's supervision and control. After
reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the
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truth of the remaining allegations of this paragraph and,
therefore, said allegations are denied.
19. Denied. To the contrary, the vehicle at issue is free
of defect and fit for its intended use without misuse at the time
it left answering defendant's supervision and control. After
reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the
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truth of the remaining allegations of this paragraph and,
therefore, said allegations are denied.
20. Denied. After reasonable investigation, answering
defendant is without knowledge or information sufficient to form
a belief as to the truth of the allegations of this paragraph
and, therefore, said allegations are denied.
21. As to answering defendant, denied. After reasonable
investigation, answering defendant is without knowledge or
information sufficient to form a belief as to the truth of the
allegations of this paragraph and, therefore, said allegations
are denied.
22. As to answering defendant, denied. After reasonable
investigation, answering defendant is without knowledge or
information sufficient to form a belief as to the truth of the
allegations of this paragraph and, therefore, said allegations
are denied.
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COUNT I
23. Answering defendant incorporates its responses to
paragraphs 1 through 22 as though each were set forth fully
herein at length.
24. The allegations of this paragraph are legal conclusions
and, as such, no response is required. To the extent that the
allegations of this paragraph are not legal conclusions, said
allegations are denied.
25. Denied.
It is specifically denied that answering
defendant made any misrepresentations at any time relative to the
issues herein. To the contrary, the vehicle at issue is free of
defect and fit for its intended use without misuse at the time it
left answering defendant's supervision and control.
26. As to answering defendant, denied. To the contrary,
the vehicle at issue herein is free of defect and fit for its
intended use without misuse.
27. The allegations of this paragraph are legal conclusions
and, as such, no response is required. To the extent that the
all~gations of this paragraph are not legal conclusions, said
all~gations are denied.
28. Denied. It is specifically denied that answering
def~ndant made any misrepresentations at any time relative to the
issues herein. To the contrary, the vehicle at issue is free of
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defect and fit for its intended use without misuse.
29. Denied.
It is specifically denied that answering
defendant made any misrepresentations at any time relative to the
issues herein.
30. The allegations of this paragraph are legal conclusions
and, as such, no response is required. To the extent that the
allegations of this paragraph are not legal conclusions, said
allegations are denied.
31. The allegations of this paragraph are legal conclusions
and, as such, no response is required. To the extent that the
allegations of this paragraph are not legal conclusions, said
allegations are denied.
32. Denied.
It is specifically denied that answering
defendant made any misrepresentations at any time relative to the
issues herein. After reasonable investigation, answering
defendant is without knowledge or information sufficient to form
a belief as to the truth of the remaining allegations of this
paragraph and, therefore, said allegations are denied.
33. Denied. After reasonable investigation, answering
defendant is without knowledge or information sufficient to form
a belief as to the truth of the allegations of this paragraph
and, therefore, said allegations are denied.
34. As to answering defendant, denied. Further, the
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conduct of answering defendant was reasonable and prudent at all
times relative to the issues herein.
35. Answering defendant denies all factual allegations of
this paragraph. The remaining allegations of this paragraph are
legal conclusions and, as such, no further response is required.
WHEREFORE, answering defendant demands judgment in its favor
with attorneys fees and other relief which the court may deem
just.
COUNT II
36. Answering defendant incorporates its responses to
paragraphs 1 through 35 as though each were set forth fully
herein at length.
37. As to answering defendant, admitted in part; denied in
part.
It is admitted only that answering defendant provides
express, limited, written warranties for new Volkswagen vehicles
sold or leased by authorized dealers in the United States. The
remaining allegations of this paragraph are denied.
38. As to answering defendant, admitted in part; denied in
part. It is admitted only that answering defendant provides
express, limited, written warranties for new Volkswagen vehicles
sold or leased by authorized dealers in the United States. The
remaining allegations of this paragraph are denied. Further,
answering defendant did not lease the subject vehicle to
8
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plaintiff.
39. Denied. After reasonable investigation, answering
defendant is without knowledge or information sufficient to form
a belief as to the truth of the allegations of this paragraph,
and therefore, said allegations are denied.
40. As to the factual allegations of this paragraph,
denied. The remaining allegations of this paragraph are legal
conclusions and, as such, no further response is required.
WHEREFORE, answering defendant demands judgment in its favor
with attorney's fees, costs and other relief which the court may
deem just.
COUNT II I
41. Answering defendant incorporates its responses to
paragraphs 1 through 40 as though each were set forth fully
herein at length.
42. The allegations of this paragraph are legal conclusions
and, as such, no response is required. To the extent that the
allegations of this paragraph are not legal conclusions, said
allegations are denied.
43. Denied. To the contrary, the vehicle at issue herein
is free of defect and fit for its intended use without misuse.
44. Denied. To the contrary, the vehicle at issue herein
is free of defect and fit for its intended use without misuse.
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Further, answering defendant did not lease the vehicle to
plaintiff.
45. As to the factual allegations of this paragraph,
denied. The remaining allegations of this paragraph are legal
conclusions and, as such, no further response is required.
46. The allegations of this paragraph are legal conclusions
and, as such, no response is required. To the extent that the
allegations of this paragraph are not legal conclusions, said
allegations are denied.
WHEREFORE, answering defendant demands judgment in its favor
with attorneys fees, costs and other relief which the court may
deem just.
COUNT IV
47. Answering defendant incorporates its responses to
paragraphs 1 through 46 as though each were set forth fully
herein at length.
48. As to answering defendant, denied. To the contrary,
the conduct of answering defendant was reasonable and prudent at
all times relative to the issues herein.
49. As to answering defendant, denied. To the contrary,
the conduct of answering defendant was reasonable and prudent at
all times relative to the issues herein.
50. The allegations of this paragraph are legal conclusions
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and, as such, no response is required. To the extent that the
allegations of this paragraph are not legal conclusions, said
allegations are denied.
WHEREFORE, answering defendant demands judgment in it its
favor with attorneys fees, costs and other relief as the court
may deem just.
COUNT V
51. Answering defendant incorporates its responses to
paragraphs 1 through 50 as though each were set forth fully
herein at length.
52. As to answering defendant, denied. To the contrary,
the conduct of answering defendant was reasonable and prudent at
all times relative to the issues herein.
53. As to answering defendant, denied. To the contrary,
the conduct of answering defendant was reasonable and prudent at
all times relative to the issues herein.
54. As to the factual allegations of this paragraph,
denied. The remaining allegations of this paragraph are legal
conclusions and, as such, no further response is required.
WHEREFORE, answering defendant demands judgment in its favor
with attorneys fees, costs and other relief as the court may deem
just.
NEW MATTER
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55. The allegations described in plaintiff's complaint were
caused by the actions of plaintiff which acts amount to
negligence, assumption of the risk, superseding cause and misuse
of the product.
56. The Comparative Negligence Act of the Commonwealth of
Pennsylvania partially applies to this cause to reduce and/or
eliminate plaintiff's cause of action.
57. Plaintiff's sole rights, if any, are governed by the
terms, provisions, remedies and limitations set forth in the
limited, express, written warranties which were provided at the
time of the lease of the subject vehicle.
58. Answering defendant did not sell or lease the subject
vehicle to plaintiff and cannot be held liable for revocation of
acceptance.
59. The damages allegedly sustained by plaintiff are the
result of negligent actions or omissions of other individuals or
entities and are due in no part to a breach of any warranty or to
the conduct of answering defendant.
60. Upon information and belief, plaintiff subjected the
vehicle at issue to abuse, misuse and/or may have been negligent
relative to the use, maintenance and service of the vehicle at
issue, thus causing the vehicle behavior alleged in the
Complaint.
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61. Plaintiff's complaints concerning certain operational
characteristics of the subject vehicle, if proven to be true, do
not substantially impair the use, value or safety of the vehicle.
62. Plaintiff's complaint fails to state a cause of action
upon which relief can be granted against answering defendant.
63. If it is determined that plaintiff is entitled to a
refund of the lease price of the vehicle in question, then
answering defendant is entitled to a recoupment of the vehicle.
64. Upon information and belief, plaintiff has not complied
with the specific terms of the vehicle's warranty prior to filing
this action and, thus, is not authorized under the terms of the
warranty to bring this action.
65. All demands for consequential and out-of-pocket
expenses are precluded by the terms of the vehicle's express,
limited, written warranties.
66. Upon information and belief, plaintiff's claims are
precluded by the equitable doctrines of laches, waiver and/or
estoppel.
67. Upon information and belief, the vehicle was modified
by third parties which acts as a superseding cause as to any
claim against answering defendant.
68. Upon information and belief, the statute of limitations
bars all of plaintiff's claims herein.
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69. Upon information and belief, the complaint must be
dismissed since plaintiff's claims have been discharged in
compliance with the doctrine of accord and satisfaction and/or
the execution of a written release between the parties.
WHEREFORE, answering defendant demands judgment in its favor
with attorneys fees, costs and other awards which the Court may
deem just.
LAW OFFICES OF RAYMOND T. LE BON, P.C.
Attorneys for Defendant
Volkswagen of America, Inc.
BY:~~
RAYMON T. LE BON, ESQUIRE
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V E R I F I CAT ION
RAYMOND T. LE BON, ESQUIRE, verifies that he is an attorney
representing Volkswagen of America, Inc.; that he is authorized
to make this verification; and that the statements made in the
foregoing Answer with New Matter of Volkswagen of America, Inc.
are true and correct to the best of his knowledge, information
and belief. The undersigned understands that false statements
made herein are subject to the penalties of 18 PA. C.S. ~ 4904,
relating to unsworn falsification to authorities.
DATE:
[ ~/ I'" /01
~
RAYM D T. LE BON, ESQUIRE
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CERTIFICATE OF SERVICE
I, CAROLE KOGAN, secretary to RAYMOND T. LE BON,
ESQUIRE, hereby certify that a copy of Defendant Volkswagen of
America, Inc. 's Answer with New Matter has been served on the
following individual(s) by Federal Express this date to:
Kevin S. Baker
1917 Wexford Road
Palmyra, PA 17078
and by Regular Mail, postage pre-paid to:
John F. Yaninek, Esq.
Mette, Evans & Woodside
3401 N. Front St.
P. O. Box 5950
Harisburg, PA 17110-0950
DATE: t ~cJ /<< /
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LAW OFFICES OF RAYMOND T. LE BON,
BY: Raymond T. Le Bon, Esquire
I.D. No.: 49384
1819 J.F.K. Boulevard
Suite 300
Philadelphia, PA 19103
(215) 569 9860
P.C.
ATTORNEY FOR DEFENDANT
VOLKSWAGEN OF AMERICA, INC.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
KEVIN S. BAKER
v.
CUMBERLAND VALLEY MOTORS AND
VOLKSWAGEN OF AMERICA, INC.
NO.: 01-6252
DEMAND FOR JURY TRIAL
TO THE PROTHONOTARY:
Volkswagen of America, Inc. hereby demands a trial by jury.
LAW OFFICES OF RAYMOND T. LE BON, P.C.
By: ~ -t-r/lASrL-
RAYM T. LE BON, ESQUIRE
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LAW OFFICES OF RAYMOND T. LE BON,
BY: Raymond T. Le Bon, Esquire
I.D. No.: 49384
1819 J.F.K. Boulevard
Suite 300
Philadelphia, PA 19103
(215) 569 9860
P.C.
ATTORNEY FOR DEFENDANT
VOLKSWAGEN OF AMERICA, INC.
KEVIN S. BAKER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
CUMBERLAND VALLEY MOTORS AND
VOLKSWAGEN OF AMERICA, INC.
NO.: 01-6252
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of defendant Volkswagen
of America, Inc. in the above matter.
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RAYM D T. LE BON, ESQUIRE
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KEVIN S. BAKER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO" PENNSYLVANIA
Plaintiff
v.
NO. 01-6252
CUMBERLAND VALLEY MOTORS and
VOLKSWAGEN OF AMERICA, INC.,
CIVlL ACTION - LAW
Defendants
PLAINTIFF'S RESPONSE TO NEW MATTER
OF DEFENDANT VOLKSWAGEN OF AMERICA,INC.
55. Denied as a conclusion oflaw. Therefore, no response is required,
56, Denied as a conclusion oflaw. Therefore, no response is required.
57. Denied as a conclusioooflaw. Therefore, no response is required.
58. Denied as a conclusion oflaw. Therefore, no response is required.
59, Denied as a eonclusion of law. Therefore, no response is required,
60, Denied as a conclusion ofIaw. Therefor.e, no response is required. By way of
further answer, Plaintiff did not, at any time, subject the vehicle at issue to
abuse or misuse and Plaintiff was not, at any time, negligent relative to the use,
maintenance and service of the vehicle at issue, reg.arding the vehicle behavior
as stated in too Comp1aint.
61. Denied as a conclusionofIaw. Therefore, no response is.requir.ed. By way of
further answer, Plaintiff's Complaint specifically indicates that the subject
vehicle has not been available for use as it was intended to be used. The vehicle
has been unreliab1e since the date oflease.
62. Denied as a conc1usionci"law. Therefor.e,no response is required.
63. Admitted.
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64. Denied. PlaintitI'has fully complied with the specific term& of the vehicle's
warranty prior to filing this action and, thus, is authorized under the terms of the
warranty to bring this action.
65. Denied as a conclusion oflaw, Therefore, no response is required, By way of
further answer, a LeSSOf cannot contractually release itself from obligations
under the implied warranties of fitness for particular purpose and
merchantability. .
66. Denied as a conclusion oflaw, Therefore, no response is required.
67. Denied as a conclusion oflaw. Therefore, no response is required.
68. Denied as a conclusion oflaw. Therefore, no response is required. By way of
further answer, the Statute of Limitations is four (4) years from the date Plaintiff
entered into the lease agreement, Plaintiff's Complaint was filed well within
this time limit.
69. Denied as a conclusion oflaw. Therefore, no response isrequired. By way of
further answer, this claim has not been settled with Plaintiff' and Plaintiff has
entered into no settlement agreement and bas not entered into nor signed a
release of any kind.
WHEnEFORE, Plaintiff respectfully requests that the New Matter of Defendant
Volkswagen of America, Inc. bedismissedidenied andjudgment be entered in his favor as requested
in his Complaint, together with costs and other awards as deemed just by this fl:onorable Court.
Dated: /J-11-.1 1
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VERIFICATION
I, Kevin S. Baker, verify that the statements made in the foregoing Response to New Matter of
Defendant Volkswagen of America, Inc. are true and correct to the best of my knowledge, information and
belief The undersigned understands that false statements made herein are subject to the ~nalties of 18 Pa.
c. S. Section 4904, relating to unsworn falsification to authorities.
Date: / ;./). '1/
101
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KE S. BAKE
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CERTIFICATE OF SERVICE
I, Kevin S. Baker, Plaintiff Pro Se, hereby certifY that a true and correct copy of the foregoing
Plaintiff's Answer to New Matter of Defendant Volkswagen of America, Inc. was served, via U.S. First Class
Mail, postage prepaid, upon the following at their listed addresses, on the date listed below:
Raymond LeBon, Esquire
1819 J.F.K. Boulevard, Ste 300
Philadelphia, PA 19103
John YlU1inek, Esquire
Mette, Evans & Woodside
3401 North Flont Street
Harrisburg,PA.1711 0
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LAW OFFICES OF RAYMOND T. LE BON,
BY: RAYMOND T. LE BON
I.D. NO. 49384
1819 J. F. K. BOULEVARD, SUITE 300
PHILADELPHIA, PA 19103
(215) 569 9860
P.C.
ATTORNEY FOR DEFENDANT,
VOLKSWAGEN OF AMERICA, INC.
KEVIN S. BAKER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CUMBERLAND VALLEY MOTORS AND
VOLKSWAGEN OF AMERICA, INC.
NO.: 01-6252
PRAECIPE FOR SUBSTITUTION OF VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the Verification of Robert Cameron,
Manager, Product Liaison of Volkswagen of America for the
Verification of Raymond T. Le Bon which was attached to the
Answer with New Matter of Defendant Volkswagen of America, Inc.
to Plaintiff's Complaint which was filed with the Court on
December 11, 2001.
LAW OFFICES OF RAYMOND T. LE BON, P.C.
Attorney for Defendant,
Volkswagen of America, Inc.
BY: ~4.
Raym d T. Le Bon
DoC#: 37913
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STATE OF NEW JERSEY
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COUNTY OF BERGEN
ROBERT CAMERON, being duly sworn, deposes and says:
I am Manager, Product Liaison of Volkswagen of America,
Inc., a defendant in the within matter and I am authorized to
sign this verification. I have read the foregoing Answer with
New Matter and I am familiar with the contents thereof. I
certify that the foregoing is true of my own knowledge, with the
exception of those matters stated to be upon information and
belief, and as to those matters, I
believe them to be
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true.
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ROBERT CAMERON
Swo~n to and subscribed
before me this / 'f~ay
of , 2001.
NotOlry P~~~~,,~~il~
Stato ::,' N0W ~:\':r~';',:'1r
ConUm$sj(H~ Ex.p;n:/~
Sept. 23, 2"~!i'
ID: CAMAF
baker
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LAW OFFICES OF RAYMOND T. LE BON,
BY: Raymond T. Le Bon, Esquire
I.D. No.: 49384
1819 J.F.K. Blvd., Suite 300
Philadelphia, PA 19103
(215) 569-9860
KE:VIN S. BAKER
v.
VOLKSWAGEN OF AMERICA, INC.
TO THE PROTHONOTARY:
P.C
ATTORNEY FOR DEFENDANT
VOLKSWAGEN OF AMERICA, INC.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 01-6252
WITHDRAWAL OF APPEARANCE
Kindly withdraw my appearance on behalf of defendant Volkswagen
of America, Inc. in the above referenced matter.
LAW OFFICES OF RAYMOND T. LE BON, P.C.
Attorney for Defendant
Volkswagen of America, Inc.
BY: #~I><.'[) f-rt.4, .
Raymori! T. Le Bon, Esquire
TO THE PROTHONOTARY:
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Volkswagen of America,
Inc. in the above referenced matter.
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& SCHATZ, P.C.
Y r Defendant
of America,
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Robert B. B. Scha ,Esquire
Identification No. 17209
1819 J.F.K. Blvd., Suite 300
Philadelphia, PA 19103
(215) 546-3030
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KEVIN S. BAKER,
v.
DOCKET NO.: 01-6252
CUMBERLAND VALLEY MOTORS and
VOLKSWAGEN OF AMERICA, INC.,
Defendants
CIVIL ACTION - LAW
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Defendant Cumberland Valley Motors in
the above-referenced matter.
METTE, EVANS & WOODSIDE
Date: ((lAI'dt.;).~))o(j)-
By:
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendant Cumberland Valley Motors in the
above-referenced matter.
Date: 3/d. ~/Od--.-
By:
& SCHATZ, P.C.
obert B. B. Schatz, quire
Sup. Ct. I.D. No. 17209
1819 J.FK Blvd., Suite 300
Philade1phia,PA 19103
(215) 564-3030
Attorney for Defendant
Cumberland Valley Motors
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the person(s) and in the marmer indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States
Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows:
Kevin S. Baker
1917 Wexford Road
Palmyra, P A 17078
Robert B. B. Schatz, Esquire
Getson & Schatz, P.C.
1819 J.FK Blvd., Suite 300
Philadelphia, PA 19103
METTE, EVANS & WOODSIDE
By:
Jo
Sup. Ct. LD. #55 I
3401 North Front Street
P.O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000
DATED: March 28, 2002
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GETSON & SCHATZ, P.C.
BY: Robert B. B. Schatz, Esquire
I.D. No.: 17209
230 South Broad Street
Suite 1001
Philadelphia, PA 19102
(215) 520 4000
ATTORNEYS FOR DEFENDANT
VOLKSWAGEN OF AMERICA, INC.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
KEVIN S. BAKER
v.
CUMBERLAND VALLEY MOTORS AND
VOLKSWAGEN OF AMERICA, INC.
NO.
01-6252
NOTICE OF CHANGE OF ADDRESS
Please note the following change for defendant's attorney in
this case:
ROBERT B. B. SCHATZ
230 South Broad Street
Suite 1001
Philadelphia, PA 19102
Phone: (215) 520 4000
Fax: (215) 520 4001
Dated: J hk 3
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