HomeMy WebLinkAbout99-03909
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CHRISTINA M. GALVIN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
THE CHRYSLER CORPORATION,
Defendant
: N0.99-3909 Civil
DEFENDANT DAMILERCHRYSLER CORPORATION'S
ARBITRATION MEMORANDUM OF LAW
1. STATEMENT OF FACTS
On or about August 20, 1999, Plaintiff filed a complaint against the Defendant for
violation of the Magnuson-Moss Warranty Act (MMWA), 15 U.S.C. §2301 et seq., the
Pennsylvania Uniform Commercial Code (UCC), 13 P.S. § 1101 et se q., and the Pennsylvania
Unfair Trade Practices and Consumer Protection Law (UTPCPL), 73 P.S, §201-1 et seg. as a
result of the purchase and operation of a 1997 Jeep Wrangler.
IL LEGAL ARGUMENT
A. Magnuson-Moss Warranty Act (MMWA) and
Uniform Commercial Code (UCC)
The MMWA statute provides a cause of action to an injured consumer when a warrantor
fails to comply with a written or implied warranty. 15 U.S.C. § 2310(d)(1). It also disallows a
limitation on implied warrantees with the exception of limiting any implied warranties to the
duration of any express written warranty, 15 U.S.C. §2308(b), which DaimlerChrysler's
warranty does. Note, however, that express warranties do not cover repairs made after the
applicable warranty period has expired, therefore any latent defects arising after the warranty
term are not actionable. Duquesne Light Co. v. Westinghouse Elea CoM. 66 F.3rd 604 (3'd Cir.
1995)
1. Breach of Warranty
To prevail on a claim of breach of warranty, the plaintiff must show that the defendant
breached an implied or written warranty and that the defendant was afforded a reasonable
opportunity to remedy the defect pursuant to its warranty obligations. Kruse v. Chevrolet Motor
Div. 1997 U.S.Dist. Lexis 10398 (E.D.Pa. 1997), No. CIV.A.96-1474. Defendant's express
warranty is a three year, 36,000 mile limited warranty. It covers the costs of all parts and labor
needed to repair or adjust any of the supplied items that proves defective in material,
workmanship or factory preparation. DaimlerChrysler Corporation paid for all the repairs
covered under its written warranty and all conditions complained of by the plaintiff have been
repaired within a normal number of attempts. Moreover, DaimlerChrysler Corp. spent a
significant amount of "good will" repair money paying the servicing dealership for repairs made
after the warranty expired.
2. Damages
In breach of warranty cases, the standard measure of damages is as follows:
MEASURE OF DAMAGES FOR BREACH OF WARRANTY. --The measure of
damages for breach of warranty is the difference at the time and place of
acceptance between the value of the goods accepted and the value they would
have had if they had been as warranted, unless special circumstances show
proximate damages of a different amount.
13 Pa.Cons.Stat. §2714(b). See also, Kruger v. Subaru of America, Inc., 996 F.Supp. 451, 455
(1998); Ford v. Chrysler Comoration at 8; AM/PM Franchise Assn. v. Atlantic Richfield Co.,
584 A.2d 915, 920 (Pa. 1990).
"The difference between the value `as is' and 'as warranted' can be measured by the cost
of repair." Kruse v. Chevrolet Motor Div. at 5. See also Pompa v. Hart, 15 Pa. D.& C.41i 119,
124 (1992). As in Kruse and the instant matter, the Plaintiff did not pay for any of the cost of
repair. There is no difference between the value as warranted and as is. There is no evidence to
suggest that the vehicle had a defect and therefore, there is no evidence support a claim of a
difference in value from the vehicle as warranted and as received by the plaintiff. Therefore,
the Plaintiff has failed to produce the necessary evidence to show he suffered damages.
The plaintiff will argue that an expert is not needed to demonstrate a decrease in value.
However, the plaintiff should not be allowed to submit "his own unsubstantiated, subjective
determination of the damages ...To allow such a measure of damages would be contrary to the
requirement that damages not be speculative." Ford v. Chrysler Corporation 1996 U.S.Dist.
LEXIS 9073, CIV.A. No. 95-4143 at 11-12. The "Plaintiff has a duty and burden to establish by
proper testimony the damages which he claims to have sustained..." Natile Bros. Towing v.
Murray Ford 41 D. & C. 3d 224,228 (1985).
C. Unfair Trade Practices and Consumer Protection Law (UTPCPL)
1. Purpose of the Law
The purpose of the UTPCPL is to protect the public from unfair or deceptive business
practices. Pirozzi v. Penske Olds-Cadillac-GMC, Inc., 605 A.2d 373 (Pa. 1992). The underlying
foundation of the Act is to prevent fraud. Corp By Creamer v Monumental Properties. Inc., 329
A.2d 812 (Pa.Cmwlth. 1974). In the present action, there is no evidence to suggest that the
actions of DaimlerChrysler Corporation or its authorized dealers performed unfair or deceptive
business practices or were fraudulent in its actions concerning the plaintiff.
2. Violations
A violation of this law can only be found if defendant purposely and wrongfully tailed to
comply with the term of a written guarantee or warranty given to the buyer at, prior to, or after a
contract for the purchase of goods or services is made. 73 P.S. 201-2 (Only malfeasance, improper
performance of contractual obligation, raises cause of action under Pennsylvania Unfair Trade
Practices and Consumer Protection Law.) Horowitz v. Federal Kemper Life Assur. Co.. 57 F.3d
300 (3rd. Cir. 1995); (Nonfeasance is insufficient for a claim under Pennsylvania's UTPCPL.) Leo
v. State Farm Mutual Auto Ins. Co., 939 F. Supp. 1186 (E.D. Pa. 1996). Therefore, it must be fotmd
that more than just the warranty was breached, it must be found that DaimlerChrysler Corporation
intentionally failed to comply with their warranty.
Not only has the warranty not been breached, there is no evidence that DaimlerChrysler
Corporation intentionally failed to comply with its warranty.
3. Damages
Under the UTPCPL, damages are limited to actual damages or $100.00, whichever is
greater. 73 Pa. Cons.Stat.Ann. § 201-9.2(a) (emphasis added). The plaintiff must produce proof
that he or she suffered actual damages from the alleged breach or he or she is not entitled to
recover. Kruse v. Chevrolet Motor Div. 1997 U.S.Dist. Lexis 10398 (E.D.Pa. 1997), No.
CIV.A.96-1474, at 6. If actual damages are not proven, then the plaintiffs recovery under this
act is limited to $100.00.
The court may also, in its discretion, award three (3) times the actual damage sustained.
Id. However, treble damages are essentially punitive in nature. Johnson v. Hyundai Motor Am.
698 A.2d 631, 639 (Pa.Super. 1997) apo'I denied 712 A.2d 286 (Pa. 1998). Although the
UTPCPL does not require "outrageous conduct", before imposing treble damages, courts should
follow the general principals of law governing punitive damages when exercising discretion
under the UTPCPL. Id. at 639. See also: Smith v. Chrysler Motors Corporation 1990 WL 65700
(E.D.Pa.) CIV.A.No. 89-2898 at 5 (treble damages provision of the UTPCPL is essentially akin
to an award of punitive damages). As such, the law of Pennsylvania holds that punitive damages
are not recoverable in solely contract actions. Id. at 639 citing Thorsen v. Iron and Glass Bank
476 A.2d 928, 932 (Pa.Sttper. 1984). Punitive damages are used "to punish outrageous and
egregious conduct done in reckless disregard of another's rights" Johnson v. Hyundai Motor Am.
at 639. citing SHV Coal. Inc. v. Continental Grain Co. 587 A.2d 702, 704 (Pa.Super.1991).
"Conduct is outrageous if made with a bad motive or with reckless indifference to the interest of
others." Smith v. Chrysler Motors Corporation at 5. In following these principals, courts should
find that a defendant has acted with outrageous and egregious conduct before awarding treble
damages. Johnson v. Hyundai Motor Am. at 639-640. There is no evidence in the record that the
defendant has acted with outrageous or egregious conduct or has acted in reckless disregard of
another's rights and therefore the Plaintiff is not entitled to treble damages.
Aside from there being no breach of warranty, there are no actual damages. The
plaintiffs did not pay for repairs to the vehicle. There is no economic loss. Furthermore, as it
cannot even be shown that a breach occurred, it most definitely cannot be shown that
DaimlerChrysler Corporation intentionally failed to comply with its warranty or acted with
outrageous conduct.
III. CONCLUSION
WHEREFORE, Defendant respectfully requests that Judgment be entered in its favor and
against the Plaintiff.
MARSHALL, DENNEHEY, WARNER,
COLEMAN AND GOGGIN
BY: -Mou;?hA
MATTHEW L. OWENS, SQUIRE
I.D. NO. 76080
100 Pine Street, 4th Floor
P.O. Box 803
Harrisburg, PA 17108-0803
(717) 232-9324
Attorneys for Defendant,
DaimlerChrysler Corporation
DATE: lI' 101040
\05_A\LIAB\MLO\LLPG\60865\ACS\03 043100 7 85
CHRISTINA M. GALVIN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
THE CHRYSLER CORPORATION,
Defendant
NO. 99-3909 Civil
CERTIFICATE OF SERVICE
I, Angela Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on this I ?004-%-day of November, 2000, 1 served a copy of the foregoing
document via FAX and First Class United States mail, postage prepaid as follows:
Michael O'Connor, Esquire
KILLIAN & GEPHART
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
No V. Otto, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
Mark Dutlie, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Anthony E. Marrone, Esquire
600 North 12th Street
Lemoyne, PA 17043
Angela Sanger
_?__.,
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?' :' ? ' :7900
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CHRISTINA M. OALVIN
510 Peppercorn Square
Enola, PA 17025
V.
THE CHRYSLER CORPORATION
c/o CT Corporation
3,635 Market Street
Philadelphia, PA 19103
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court you defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any
money claimed in the complaint or for any other claim 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
CHRISTINA M. GALVIN
510 Peppercorn Square
Enola, PA 17025
V.
THE CHRYSLER CORPORATION
c/o CT Corporation
1635 Market Street
Philadelphia, PA 19103
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. q j . Y90 9 Cu c4 ??-u
CIVIL ACTION-LAW
COMPLAINT
1. Plaintiff, Christina M. Galvin, is an adult, individual
citizen and legal resident of the commonwealth of Pennsylvania,
residing at 510 Peppercorn Square, Enola, Cumberland County,
Pennsylvania.
2. Defendant, The Chrysler corporation, is a business
corporation qualified to do business in the Commonwealth of
Pennsylvania, and can be served c/o CT Corporation, 1635 Market
Street, Philadelphia, PA 19103.
BACKGROUND
3. In July of 1996, Plaintiff leased a new 1997 Jeep
Wrangler, manufactured and warranted by Defendant, bearing the
Vehicle Identification Number 1J4FY29P5VP441422. The vehicle was
purchased in the State of Georgia, but is now registered in the
Commonwealth of Pennsylvania.
4. The purchase price of the vehicle, including
registration charges, document fees, sales tax, finance and bank
charges but, excluding other collateral charges not specified,
yet defined by the Magnuson-Moss Federal Trade Commission
Improvement Act, was approximately $21,000.
S. Plaintiff avers that as a result of the ineffective
repair attempts made by Defendant Chrysler Corporation and its
authorized dealer, the vehicle cannot be used for the purposes
intended by Plaintiff at the time of acquisition; as such, the
vehicle is worthless.
6. In consideration for the purchase of the above vehicle,
Defendant issued to Plaintiff several written warranties, as well
as other standard warranties fully outlined in the warranty
booklet, delivered at time of sale.
7. Plaintiff has delivered the non-conforming vehicle to
an authorized service and repair facility of the manufacturer on
I
numerous occasions. After a reasonable number of attempts, the
manufacturer was unable to repair the non-conformities.
8. The first warranty repair attempt is believed to have
occurred on August 10, 1998, when the vehicle's odometer showed
33,222 miles. On that date, a repair attempt was made to
determine why the vehicle would not run. England Jeep/Chrysler,
in Mechanicsburg, Pennsylvania, remedied the problem by replacing
the crankshaft position sensor. A true and correct copy of the
repair invoice is attached hereto, made a part hereof and marked
Exhibit "A."
9. The second warranty repair attempt is believed to have
occurred on September 18, 1998, when the vehicle's odometer read
2
35,800 miles. On that date, a repair attempt was made to replace
the vehicle's fuel tank as per a factory recall. A true and
correct copy of the repair invoice is attached hereto, made a
part hereof and marked Exhibit "B."
10. The third warranty repair attempt is believed to have
occurred on December 7, 1998, when the vehicle's odometer showed
40,391 miles. On that date, a repair attempt was made to
remedy a transmission fluid leak and a knocking noise heard in
the transmission. This required the transmission and rear seals
to be replaced. Also on that date, a repair attempt was made to
remedy an oil leak, which required the drive pinion to be
resealed. The Plaintiff was charged $1,124.97 for these repairs;
however, a $300.00 reimbursement was later given to her. A true
and correct copy of the repair invoice is attached hereto, made a
part hereof and marked Exhibit "c."
11. The fourth warranty repair attempt is believed to have
occurred on December 21, 1998, when the vehicle's odometer showed
40,851 miles. On that date, Plaintiff had her vehicle towed to
England Jeep in order to attempt to repair another oil leak.
This required the rear output shaft seal to be replaced, along
with the speed sensor at the transfer case, which included the
speedometer drive housing and O-ring. A true and correct copy of
the repair invoice is attached hereto, made a part hereof and
marked Exhibit "D."
12. The fifth warranty repair attempt is believed to have
3
occurred on December 28, 1998, when the vehicle's odometer read
41,225 miles. on that date, the Plaintiff once again had her
vehicle towed to England Jeep due to another oil leak. There
another repair attempt was made to remedy the transfer case,
O-ring and speed sensor leaks. A true and correct copy of the
repair invoice is attached hereto, made a part hereof and marked
Exhibit "E."
13. The sixth warranty repair attempt is believed to have
occurred on March 29, 1999, when the vehicle's odometer showed
I
45,166 miles. On that date, a repair attempt was made to remedy
i
yet another oil leak, which required the rear output shaft and
transfer case to be replaced. Also on that date, a repair
attempt was made to replace the vehicle's catalytic converter. A
i
true and correct copy of the repair invoice is attached hereto,
made a part hereof and marked Exhibit "F."
14. The seventh warranty repair attempt is believed to have
I
occurred on April 2, 1999, when the vehicle's odometer showed
45,277 miles. On that date, the vehicle was returned to the
I
dealer in order to have the replacement parts installed from the
diagnosis of the previous repair attempt. A true and correct
copy of the repair invoice is attached hereto, made a part hereof
and marked Exhibit "G."
15. The eighth warranty repair attempt is believed to have
occurred on April 6, 1999, when the vehicle's odometer showed
45,292 miles. On that date, a repair attempt was made to remedy
4
another oil leak, which required an improperly installed clip on
the output shaft to be reinstalled. Also on that date, Plaintiff
complained of a vibration in the front end of the vehicle. After
an inspection, the dealer found no such vibration. A true and
correct copy of the repair invoice is attached hereto, made a
part hereof and marked Exhibit "H."
16. The ninth warranty repair attempt is believed to have
occurred on April 7, 1999, when the vehicle's odometer showed
45,366 miles. On that date, the Plaintiff took her vehicle to
The Tire Mart regarding the vibration coming from the front end
of the vehicle. During the repair attempt, The Tire Mart
identified even more oil leaks. A true and correct copy of the
repair invoice is attached hereto, made a part hereof and marked
Exhibit "I."
17. The tenth warranty repair attempt is believed to have
occurred on April 13, 1999, when the vehicle's odometer showed
45,380 miles. On that date, another repair attempt was made to
remedy the vehicle's oil leak. This required the dealer to
replace the rear output shaft seal on the transfer case, the rear
pinion seal, the driveshaft and its seal, and the transfer case.
A true and correct copy of the repair invoice is attached hereto,
made part hereof and marked Exhibit "J."
18. The eleventh warranty repair attempt is believed to
have occurred on May 17, 1999, when the vehicle's odometer showed
46,914 miles. On that date, another repair attempt was made to
5
I.
remedy a leak in the the transfer case due to a cracked case.
This required the dealer to replace the transfer case and
speedometer O-ring, as well as to clean residual oil from inside,
outside and underneath the vehicle. A true and correct copy of
the repair invoice is attached hereto, made part hereof and
marked Exhibit °K."
19. The twelfth warranty repair attempt is believed to have
occurred on June 4, 1999, when the vehicle's odometer showed
47,480 miles. on that date, another repair attempt was made to
remedy a leak in the transmission rear seal at the transfer case.
This required the dealer to check the transmission seals and
gaskets, and to refill the gear oil to the transmission. A true
and correct copy of the repair invoice is attached hereto, made
part hereof and marked Exhibit "L."
20. In addition, Plaintiff avers the vehicle has been
subject to additional repair attempts for defects and/or non-
conformities and/or conditions for which the dealer did not
maintain records.
21. Plaintiff has been and will continue to be financially
damaged due to Defendant's intentional, reckless, wanton and
negligent failure to comply with the provisions of 73 Pa. C.S.A.
§1951 et secr.
22. Plaintiff further avers they have resorted to
Chrysler's Arbitration process (National Center for Dispute
Settlement) prior to filing the within Complaint as required by
6
73 Pa. C.S.A. §1959. A true and correct copy of the decision is
attached hereto, made a part hereof and marked as Exhibit "M."
23. Pursuant to 73 Pa. C.S.A. §1958, Plaintiff seeks relief
for losses due to the non-conformities and defects in the above-
mentioned vehicle in addition to reasonable attorney fees and all
court costs.
WHEREFORE, Plaintiff respectfully demands judgment in her
favor and against Defendant in an amount equal to the purchase
price of the subject vehicle, plus all available collateral
charges and attorney fees.
COUNT I
MAGNUSON-MOSS CLAIM
24. Plaintiff hereby incorporates paragraphs 1 through 23
by reference as if set forth at length herein.
25. Plaintiff is a "Consumer" as defined by 15 U.S.C.
§2301(3).
26. Defendant is a "Warrantor" as defined by 15 U.S.C.
§2301(5).
27. By the terms of the express written warranties referred
to in this Complaint, Defendant agreed to perform effective
warranty repairs at no charge for parts and/or labor.
28. Defendant's authorized service facility has made
attempts on several occasions to comply with the terms of its
express warranties; however, such repair attempts have been
ineffective.
7
29. As a direct and proximate result of Defendant's failure
to comply with the express written warranties, Plaintiff has
suffered damages and, in accordance with 15 U.S.C. §2310(d) (1),
Plaintiff is entitled to bring suit for such damages and other
legal and equitable relief.
30. Title 15 U.S.C. provides:
If a consumer finally prevails on an action
brought under paragraph (1) of this
subsection, he may be allowed by the court to
recover as part of the judgment a sum equal
to the amount of aggregate amount of costs
and expenses (including attorney fees based
upon actual time expended), determined by the
court to have been reasonably incurred by the
Plaintiff for, or in connection with the
commencement and prosecution of such action,
unless the court, in its discretion shall
determine that such an award of attorney's
fees would be inappropriate.
31. Plaintiff avers that upon successfully prevailing upon
the Magnuson-Moss claim herein, all reasonable attorney fees are
recoverable and are demanded against Defendant.
WHEREFORE, Plaintiff respectfully demands judgment in her
favor and against Defendant in an amount equal to the purchase
price of the subject vehicle, plus all available collateral
charges and attorney fees.
COUNT II
UNIFORM COMMERCIAL CODE
32. Plaintiff hereby incorporates paragraphs 1 through 31
by reference as if set forth at length herein.
33. The defects and ncn-conformities existing within the
8
vehicle constitute a breach of contractual and statutory
obligations of Defendant, including but not limited to the
following:
a. Express Warranty;
b. Implied Warranty Of Merchantability; and
C. Implied Warranty Of Fitness For A Particular
Purpose.
34. The purposes for which Plaintiff purchased this vehicle
include but are not limited to their personal, family and
household use.
35. At the time of this purchase and at all times
subsequent thereto, Plaintiff has justifiably relied upon
Defendant's express warranties and implied warranties of fitness
for a particular purpose and implied warranties of
merchantability.
36. At the time of the purchase and at all times subsequent
thereto, Defendant was aware Plaintiff was relying upon
Defendant's express and implied warranties, obligations, and
representations with regard to the subject vehicle.
37. Plaintiff has incurred damages as a direct and
proximate result of the breach and failure of Defendant to honor
its express and implied warranties.
38. Such damages include, but are not limited to, the
purchase price of the vehicle plus all collateral charges,
including attorney fees and costs, as well as other expenses, the
full extent of which are not yet known.
9
WHEREFORE, Plaintiff respectfully demands judgment in her
favor and against Defendant, in an amount equal to the purchase
price of the subject vehicle, plus all available collateral
charges and attorney fees.
COUNT III
UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM
39. Plaintiff hereby incorporates paragraphs 1 through 38 by
reference as if set forth at length herein.
40. Section 1961 of The Pennsylvania Automobile Lemon Law,
provides that a violation of its provisions is also a violation of
the Unfair Trade Practices and Consumer Protection Law.
41. In addition, the Unfair Trade Practices and Consumer
Protection Law defines unfair methods of competition to include the
following:
(vii). Representing that goods or services
are of a particular standard, quality or
grade, or that the goods are of a particular
style or model, if they are of another.
(xiv). Failing to comply with the terms of
any written guarantee or warranty given to the
buyer at, prior to, or after a contract for
the purchase of goods or services is made.
42. Plaintiff believes, and therefore avers, that the
reckless, wanton and willful failure of Defendant to comply with
the terms of the written warranties constitutes an unfair method of
competition.
43. Section 201-9.2(a) of the Unfair Trade Practices and
Consumer Protection Law, authorizes the Court, in its discretion,
10
to award up to three (3) times the actual damages sustained for
violations of the Act.
WHEREFORE, Plaintiff respectfully demands judgment in her
favor and against Defendant in an amount equal to three (3) times
the purchase price of the subject vehicle, plus all available
collateral charges and attorney fees.
Respectfully submitted,
KILLIAN & GEPHART
BAY dley A. Schu Esqui
torn y I.D. 5 54
218 Pine Stree
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated:
Attorneys for Plaintiff
11
VERIFICATION
I, Bradley A. Schutjer, hereby verify that I am the attorney
for Plaintiff, Christina M. Galvin. I have sufficient knowledge or
information based upon investigation into this matter by my client,
to take this Verification. I hereby verify that the statements in
the foregoing Complaint are true and correct to the best of my
knowledge, information, and belief. I understand that false
statements contained herein are made subject to the penalties of is
Pa. C.S.A. §4904 relative to unsworn falsercation to authorities.
for Pla iff
EXHIBIT "A"
7630320
TINA GALVIN
510 PEPPERCORN SQUARE
ENOLA PA 17025
HOME: 732-3030 BUS: 612-4302
53478 ENGLND
*INVOICE* ® 6039 Carlisle Pike
cHRrsIER Mechanicsburg, PA 17055
(717)766.7686 Jeep.
® =
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7630320
TINA GALVIN
510 PEPPERCORN SQUARE
ENOLA PA 17025
HOME: 732-3030 BUS: 612-4302
5 3 4 7 8
*INVOICE*
PAGE 2
DLR:T 1
CONTRACT
FNGL AND
® 6039 Carlisle Pike
Mechanicsburg, PA 17055
tH® (717) 766-7686 Jeep.
G`.:CLEAN LEAN:AIR SURVEY
CAUSE: SURVEY
II 'DIAG FOR;DRIVEABILITY CONCERN
rL5010:101 OBD
•
,
z.
.
AND/OR MIL LAMP ON. TYPE 1. F/C=XX.
20 `WJ4 0.40
` (N/C)__ :
.
FC: XX PART#: COUNT:
r: CLAIM `TYPE:
AUTH CODE:
*c9202
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE C: 0.00
33224 CLEAN AIR SURVEY HEX CODE $28 SET,FILLED OUT CODE SHEET GATHERED
BD2:, INFO
0
.
p** RECALL 755 `FUEL TANK SENDING UNIT
NRM NO REPAIRS MADE
20 _ CJ3 0.00 0.00 0.00
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE D: 0.00
33222 PARTS NOT AVAILABLE YET FROM CHRYSLER
"Z" INDICATES NON-FACTORY PART.
STATEMENT F DISCLAIMER DESCRIPTION TOTALS
The 1.cW' wermnty con.vww en
of 1. w aide, wuh rnwct tc LABOR AMOUNT
". eele of that IIWmPo.me. Tn.
Sails hereby ..cr.nly disclaim. all PARTS AMOUNT
® i Winer or
wvre
e
a
ii GAS. OIL
LURE
d,
u,Z.M mii emy nv
e
no
.nty ilt <f mWcrunte :
e SUBLET AMOUN'
Jee
CHRYSLER .
e, I., . e.r,e°l„ pulp...
' S.llnu m.r e.a her
S
MISC. CHARGES
p
., p..aan to
atnorizn any h
es.um. ror a a shy LWbiiity In
TOTAL CHARGE
?
•. • ? conn.cnan win the .el. of ttwe
demin.me. LESS INSURANC
PLEASE PAY
THIS AMOUNT
CUSTOMER COPY
EXHIBIT "B"
7630320
TINA GALVIN
510 PEPPERCORN SQUARE
ENOLA, PA 17025
HOME: 732-3030 13US: 612-4302
54627 KVGLAND
*INVOICE* ® 6039 Carlisle Pike
cNm51Efl Mechanicsburg, PA 17055
a(717) 766.7666 JM
PAGE 1
14::755184 RECALL `#755. REPLACE FUEL TANK SENDING
UNIT. TJ.
20 WJ4 1.30
1 CBF17554 LEVL UNIT (N/C)
FC. (N/C)
PART#: CBF17554
COUNT:
CLAIM TYPE:
AUTH:CODE:
9202
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE 'A: 0.00
3580 :FACTORY RECALL PREFORMED RECALL #755 MILES IN 35802
H:'.CUSTOMER STATES THERE IS A HESITATION ON ACCELERATION
.
NRM COULD NOT DUPLICATE CONCERN
20 CJ3 0.00
0.00
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE B: 0.00
0.00
35809 NO PROBLEM FOUND CK FOR CODES,NO CODES,TEST DROVE WITH ART
OK
,
.
JEE.P.HAS_OVER SIZED TIRES
'
C
ADVISED CUSTOMER TO HAVE LESS THAN 1/2 TANK OF FUEL FOR RECALL AND
PARTS MAY NOT BE AVAILABLE YET.
2300 REPAIRS MADE IN LINE A.
20 CJ1 0.00
0.00
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE C: 0.00
0.00
35809
TATEMENT F DISCLAI
TM lecbry wermnry cp i : i DESCRIPTION TOTALS
of I e wernntie, with resp
the ,eb of mu BOR AMOUNT
S•Iler Mreey e:ore,ely tli,dei
b RTS AMOUNT
.,,rrom
m
ni ei.na. ny r
"ent 'f
any I GAS. OIL. LUBE
rr,.
iT.,
•ntr of muommeet..
'°.for . pe,upul.r p r
Jee
CHRY BLET AMOUNT
p
tlM1r neirn hr
r
p
SLER
e?-
n, anv o ,mea
. CHARGES
_
R
,n.
lo t w
emle
b
conneon with the sale of TAL CHARGES
O
S IN$UflANCE
PLAINTIFF'S LE$ 2
EX ASE PAY
S AMOUNT
p
7630320
TINA GALVIN
510 PEPPERCORN SQUARE
ENOLA, PA 17025
HOME: 732-3030 BUS: 612-4302
5 4 6 2 7 ENGL?AMND
*INVOICE* ® 6039 Carlisle Pike
amrstErt Mechanicsburg, PA 17055
PAGE 2 K (717) 766.7686 Jeep,
CONTRACT
NO
_,, "•• •er"+"o rzAntiu$1' 1N AREA OF MANIFOLD SOUNDS LOUD
2300 NO ABNORMAL NOISE HEAR AT THIS TIME. EXHAUST
OK.
20 CJ3 0.00 0.00 0.00
PARTS: O.OO LABOR: 0.00 OTHER: 0.00 TOTAL LINE D: 0.00
35809 CHECICED'EXAUST,OK,TEST DROVE WITH ART,OK
r*x*x*r********xx**********x***x*********x*,r********
"Zlf INDICATES NON-FACTORY PART.
r.
lcry" .....y conzUNls all
wunnum wl:h ...pen m
Ims ilemm
Tn
1e __.........?.
PA
AMOUNT
®
®
o
.
.
r.py .. pr 4elr tludeim. ell b
RTS
PAflTS AMOUNT
A
.
..
e. .rt, ,yj,e m
i
q e
i GAS, OIL, LUSE
Jee III I
m
ty r
v vle muchenmbitilp
hr pert ler p rppw;
SUBLET AMOUNT
p CHRYSLER L
naimer nsumas
n
mer parson ;
MISC. CHARGES
, i
Ipr I evr Immley
m
wpm ro
l
f m
TOTAL CHARGE:
e ee
s o
n
mv, LESS INSURANCk
SALES TAX
reLII SIGNAtuaE PLEASE PAY
THIS AMOUNT
CUSTOMER COPY
EXHIBIT "C"
7630320
TINA GALVIN
510 PEPPERCORN SQUARE
ENOLA, PA 17025
HOME: 732-3030 BUS: 612-4302
56723 ENGL'A'ND
*INVOICE* ® 6039 Carlisle Pike
Mechanicsburg, PA 17055
CIIRYSIER (717) 766.7686 Jeep.
PAGE 1
SERVICE ADVISOR:
PO
DLR:'1' I
CONTRACT
M ABC. TOMERuSTATES+KNOCKI NG NOISE IN TRANS IN 1ST AND 2ND
21T03 REPAIR/REPLACE 1 30.00 130.00
95 CJ1 2.50
00 835.00
835
835.00
1 R2099310 TRANSFER
*FLUID AFT-TRANS AFT +3 Q
2:5010124AA' .
3.85 3.85 7.70
:
PARTS: 842.70 LABOR: 130.00 OTHER: 0.00 TOTAL LINE A: 972.70
40395 TRANS. CASE DRY REPLACED TRANS. CASE MILES IN 40391 NOTE:TECH NO.
1.2: 'DIAGNOSED ,
$,"CUSTOMER :STATES"LEAKING OIL; AT REAR DIFF
1908 SEALS 52.00 52.00
95 CJ1 1.00
1 83504946 SEAL-DRIVE PINION
8.35
8.35
8.35
4
35
1 4897150AA *CLEANER-BRAKE -AEROSOL 4.35 4.35 .
70
64
PARTS: 12.70 LABOR: 52.00 OTHER: 0.00 TOTAL LINE B: .
..REAR DIFF. PINION SEAL LEAKING... REPI
40395 ES IN 40391
.
C LUBE/OIL & FILTER CHANGE
02 LURE/OIL &' FILTER' CHANGE g
00 00
8.
95 CJ3 0.50 50
6 ,
6.50 6.50
1 5281090 FILTER-ENGINE OIL .
7
0
0.70
8.40
12 4761839 10W30/PINT .
HW50 HAZARDOUS WASTE DISPOSAL
;. 1
.
00 1
.00
95 CHW 0.00
PARTS: 14.90 LABOR: 9.00 OTHER: _
0.00 TOTAL LINE
C:
23.90
40395DONE MILES IN 40391
D;ROTATE;AND BALANCE TIRES
NRM NO REPAIRS MADE 0.00 0.00
95 CJ3 -0.00 0.00 TOTAL LINE D: 0.00
PARTS: 0.00 _LABOR: 0.00 OTHER :_?..?.r. c nlc I elmca nccrm % TOTALS
The team weveety cprmsmmea all
.,,.htio. with n.p¢l to
f th LAROR AMOUNT
e w
o
,be fele of the uem(tem.. m.
ma ell PARTS AMOUNT
® ® t Selh .... e. he, op...
lOf here. Omer epun
,
m GAS. OIL, LURE
mpli
.1
, o .r
hl env
I
phee .
or
bii
werrenty f
o
UBLET AMOUN'
.Ul.,
po.n.
fitnm, for x peruculer pu,
r efe m.f np,
SO., felt
.
u
ISC. CHARGES
Jeep CHRYSLER pnaoh tc
y
emnmr:n en omer
me Ipr rt enY IiehlLty
f TOTAL CHARGE
' ef
u LESS INSURANCE,
® PLAINTIFF'S SALES rnx
EXHIBIT
G PLEASE PAY
THIS AMOUNT
7630320
TINA GALVIN
510 PEPPERCORN SQUARE
ENOLA, PA 17025
HOME: 732-3030 BUS: 612-4302
56723 ENG?IVD
*INVOICE* ® 6039 Carlisle Pike
CHRISUR Mechanicsburg, PA 17055
(717) 766.7686 Jeep.
PAGE 2
QPDVIrD AnVICnD. O1
COLOR
EA
MAKE/MODEL
VIN v
LICENSEy
..... MILEAGE IN/ OUT
TAG
BLACK
DEL DATE :. 1997 JEEP WRANGLER
IN SVC DATE
PROMIS 1J4FY29P5VP441422
ED _ PO NO. ABZ1733
RATE 40391 40395 TGAL
PAYMENT INV,DATE
24JUL1996
R.O.OPENED r, 24JUL1999
READY 17:00 07DEC98 52 .00 CASH 11DEC1998
OPTIONS: DLR:T 1)3/36 WARRANTY NO CHRYSLER
( SERVICE CONTRACT
06:41
07D :98 9:40 11DEC98
• "? oescHlr HUN IUTALS,
The factory warranty co arts"., ell
of mew anhea with uspea m LABOR AMOUNT
1 91 .00
he so
le of
Ita
i
T
l
Seller thereby expressly disclaims all PARTS AMOUNT
870. 30
® ® ma
led.
or
i
l
n so
weneof ; uVrp W
Impbetl, nclud
any nY Implied GAS, OIL. LUBE 0. 00
r
rams of merchantability or
u,
oaa
articular
far a SUBLET AMOUNT 0.00
Jeep CHRYSLER seu p
p
.
p
Seller numer ass me ror
Set.,
MISC. CHARGES 0.00
amnmizn an, atn Person to
a to, r it an, y lusla liablbfr in TOTAL CHARGES 1061 . 30
® /I/ W.;
Wrr
11 eoene:uon witn ua see of mis
neminems.
LESSINSURANCE
.
0 00
PLEASE PAY
THIS AMOUNT -11 24 .97
CUSTOMER COPY
EXHIBIT "D"
7 630320
TINA GALVIN
510 PEPPERCORN SQUARE
ENOLA, PA 17025
HOME: 732-3030 Bits: 6 .
I SAFY19PS\j PA4V\l'2 6Z\'133 goaSk/4o%sa
uNDER co,
W C ED 'Test ahd r e?,\ 4ce
1 52069315 FkYfStNG-SPE6pOMECC& ORwE
1.603 `7C< o MN (r
1 5010124A_: "FLULO AFT- TRANS AFZ
J., 97 'CC EANC2 (3RAkE - lAC-R4YJL
1 5013660AA SENSOP,PKG V[.NLCLE
FC71 '
PART# : 5 013
COUNT:
CLAIM TYPE:
AJTH CODE:',
9123
21032001 SEAL, T'%L.Ix TOINT sho\VT Re-Owe. (E)
95 WJ4 O.:.,
1 `4798117 St?f.
FC: PART#: C.7.'i[T:
CLAIM TYPE:
AUTH CODE:
9123 a
ra ',
PARTS: 0.00 IA 'DM: Ci.c
40858 ... SPEED SENSOR AT TP ANS. CP?16
TEST`DROVE:'.MILES IN:?'] _1 TLEQA?RS CCrIrcRC4IM CV%lsk-02 GCCAWILL-
POLICY,CAI RS#5352973
B TOWED-IN
CAUSE: TOWING
95200040 TOWING
NlC
N/C
N (C
H/c
N/C
INIC
0.00
.. sjj
Jeep _
r:.._. PLAINTIFF'S
a EXHIBIT - .s
7630320
TINA GALVIN
510 PEPPERCORN SQUARE
:ENOLA, PA 17025
HOME: 732-3030 BUS: 612-4302
5 7111 ENGLAND
INVOICE ® 6039 Carlisle Pike
GHRTSIFR Mechanicsburg, PA 17055
(717) 766-7686 Jeep.
PAGE 2 _
SERVICE ADVISOR: u7 ppcn marvov
COLOR YEAR M E MO L VIN : LICENSE MILEAGE IN/ OUT .TAG
BLACK 1997 JEEP WRANGLER 1J4FY29P5VP441422 ABZ1733 40851 40858
I
TGAL
'?:DEC DATE. ' IN SVGDATE PROMIS ED PO NO. RATE PAYMENT' - INV. DATE
24JUL1996 24JULl999 13:00 21DEC98 52.00 CASH 23DEC1998
R.O..OPEN ED- '.:READY :.. OPTIONS: IIT.R :T 114/1A WA PPANTV N n rWPV(ZT.W0
C LOANER CAR
CAUSE: RENTAL
95400041 RENTAL REINSBURSMENT
989 WJ4 0.00 (N/C)
SUBL WEST SHORE
WJ4 (N/C)
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE C: 0.00
40858
D** CUSTOMER STATES"LEAKING OIL FROM TRANSFER CASE
NC ;RELATED TO LINE D
95 CJ3 0.00 0.00 0.00
PARTS':,: 0.00 'LABOR: 0.00 OTHER: 0.00 TOTAL LINE D: 0100
40858 .'..REAR OUTPUT SHAFT SEAL LEAKING... REPLACED SEAL AND TEST
DROVE. 40851
****************************************************
"Z" INDICATES NON-FACTORY PART.
NO WARRANTY ON GASKETS AND/OR SEALS.
Jeep CHRYSLER
I e
Sl A l tMLNr ur Ul"LAI Rn DESCRIPTION
The holm, warranty cpnsbtwes an LABOR AMOUNT
of lb warranties with respect to
the able of the nemntems. Tha PARTS AMOUNT
Sella, nuebv airiness', enclmms all
writntrea,lu'n.. .sprees or
nM v any m
iolieE
imp'iea GAS, OIL, LURE
,
warranty of merchantability or
, a pbnrcwn pur
ose
I
f SUBLET AMOUNT
.
.
p
an.as
Seller rethin saeumn nor
MISC. CHARGES
amhmao any other person to
TOTAL CHARGES
for nt any nininy in
cann¢bon with the sere of this LESS INSURANCE
.nnaunns.
it
PLEASE PAY
THIS AMOUNT
CUSTOMER COPY
SUBL G.A.SMITH-TOWING
WJ4 (N/C)
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE B: 0.00
EXHIBIT "E"
7630320
TINA CALVIN
510 PEPPERCORN SQUARE
ENOLA, PA 17025
HOME: 732-3030 BUS
57249 ENrf."
*INVOICE* 6039 CarliLir: I
CHRYSIPR Mechanic0i- i,
1717;
612-4302 PAGE 1 -:;!
X41162
21A02, REPAIR/REPLACE
. 95 ISP 0:00
1 5010042AA *DYES-LEAK - 4 IN 1
`2.501:0124AA.*FLUID AFT-TRANS AFT +3 Q
PARTS' 0.00 LABOR: 0.00 OTHER: 0.00
41252 ...SPEED SENSOR O-RING AT TRANS. CASE LEAKING.. A::
DYE!;'PLACED O-RING, TEST DROVE 27 MILES AND RE-CHECKED.I;O CT;
DETECTED., ART VERIFIED. MILES IN 41225
B TOWED-IN
95200040` TOWING'
95 ISP 0.00
SuBf ',GA SMITH-TOWING
ISP
PARTS: 0.00: LA13OR: 0.00 OTHER: 0.00 TOTAL L..
4=1.2,52
C**2 RE NT AL:REINSBURSMENT`
95400041 RENTAL REINSEURS14ENT
999 ISP 0.00
SUBL WEST SHORE-RENTAL
ISP
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE C
Jeep CHRYSLER
Th. fw.,v werremv cpns;irtm: v:
01 th. wvremus w.tn r.
m. W.
c% m•: - -
$elbl Mney oapressly pnciews e,.
emus, .niter upnr
mplreQ einy
only 101 u m.rcnenta Giiil.' or
litnuf lOr a pertituler pmppxa.
SeOa nenMr Brumes pr
emnprrzn env omm wspn nr^
eszum. Ipr r eny Impnnv
PLAINTIFF'S
EXHIBIT
7630320
TINA GALVIN
510 PEPPERCORN SQUARE
ENOLA, PA 17025
HOME: 732-3030 BUS: 612-4302
57299 ENGLAND
*INVOICE* ® 6039 Carlisle Pike
cHRrsIER Mechanicsburg, PA 17055
PAGE 2 ® (717) 766.7686 Jeep
Now,
.... vv? "x UN GASKETS AND/OR SEALS.
Em v
Jeep CHRYSLER
® • 1
Tn. L?tary wenenrv COniIiN?A ell
Of m^ wenenues wnn soon is
Th. W. or rnia tl.m/ibme. Th.
Saner ninny .Of.sIly Orsdeims eu
w nmus, enno ..yr.em
ePr eo 'nclvm env i olu
ro at mO 6nememnN Of
litnasa lar a Pvlialer pur0osa.
autho n.itn.r
r?}ef any u
eulno 011.1 PerfOn i
w h
es
_. . n a, env nPn wun m. W. Of
r tin
rt.mrn.me.
CUSTOMER COPY
OIL.
MISC. CHARGES 0.00 I
I
TOTAL CHARGES 0. 00
LE SS IN5URANCE 0.00
SALES TA% 0.00
PLEASE PAy
THIS AMOUNT
EXHIBIT "F"
WARNER
CHRYSLER-PLYMOUTH-JEEP
1131 East Main Street•Hummelstown, Pa. 17036
PHONE (717)566-2519
106R5^ ?,
TINA GALVIN
510 PEPPERCORN SQUARE
ENOLA, PA 17025
r-WrcuAnr
fyEEEIENCE PHONE EUEINE9E PNONE UGAMEME ,{; :3 ..-erica h,'3-d4yNln?I?lY / .a,•'a;
Mw Y ...::1 . .
'r:4r'.:a' ¦:4
...@ iv ? ")'tFRN'f {!v g+ ?° tl tt+ 1 ylg,?tII?• C 11. . t " f 7", i M x T +'ef t -
JFf I' r?'lff olLt?n? 5? LABOR 1 kh'(S 1-q?y i 'tll? ?t ry ?lA+l !i ?1.°.. t?' y
:tJ# 1CHZRTS EBHADST " (tTM i ldKAI` P 4? 7 PW?YC'Ii
:'.CUSTOMER STATES PIECEb0.0,CATALYTIC7CONVERTORSBROKE OFF'n I 'atr tY" ejrT^>r yY+. Y e
`RATTLES , `; a rr h/. t 1 rt1'11[' 1"d4"Y. YknYl'7c't S"xL ? c w Ill t 'w 1, r? t I :: '
INPSECTED'AND VERIFIED:MTTLEt•FROMtCATpLYFIC CONVERTOR'"• •v ' I°+ tj I r -
,;. 'ELEMENT:ORDERED"R EPL'ACEMENT*CATALYTIC'(CONVERTOR a -
WILL CONTACT CUSQOMER WHEN PART'AAR,IVES TO SET-UP-AN APPT
?PAR7$ .QTY FP NUMBER `DESCRIPTION -,= LIST PRICE-UNIT PRICE
1 JOB # 1 1 5010042 M .....
Ki(1-0'?t?DYES LEAK 1081034 WARRANTY
JOB # 1-TOTAL PARTS 0.00 -
JOB # 1 TOTAL LABOR 8 PARTS 0:00
y-.; ..... .. -.'''.
:J# 2 tOCH2OILE CHECK OIL LEAK; st '7 TECH(S).8656 WARRANTY
CUSTrMER STATES THERE IS AN OIL LEAK FROM UNDER VEHICLE
".PUT VEHICLE UPON LIFT AND INSPECTED FOROIL LEAK.
s?4 K?r1+ ENGINE TRANSMISSION AND'TRANSFER CASE'ALL'DRY.
INSTALLED LEAK: DETECTION DYE INTO:SYSTEM'AND RUN -
I VEHICLE. PUT VEHICLE BACK UP ON`LIFT AND REINSPECT
ra
. FOUND REAR OUTPUT SHAFT SEAL LEAKING ON"TRANSFER CASE i!
'ORDERED'REPLACEMENT'SEAL. WILL CONTACT CUSOTMER WHEN PART..-.
.
..
!>tr.;'S?u..rr "ARRIVES'TO'SET•UP-AN.APPT ..
? ....
.iFARTS ;QTY •-FP-NUMBER , -dESCRIP.TION •• •.•LIST-PRICE-UNIT PRICE-
# 2 TOTAL PARTS -'
'JOB 0.00
_
J08 #'. 2 TOTAL LABOR 8 PARTS
TOTALS '.: - 0 00
....
********************** TOTAL LABOR
*nrl° ?? ?`:
p V.,
' '* TOTAL PARTS , - 0.00
0.00
-
TOTAL SUBLET
CASH C''1] CHARGE [ ] VISA C ] M/C'C ] * TOTAL G 0 G...."
?V7+[,. T't y,
:* .r; TOTAL MISC
-CHG.
--
'
'i 0.00
000
0..00
,
.
l .,-:i.
.• w
'
3*ISCOVER "[ ] CHECK •[` ] NO#.:...-:. TOTAL MISC DISC 0:00
TOTAL TAX:..... 0
00
aY********k#Mir*'k****k**#*kk#-A-kAM#1.F*kA1#*k'4#A***M4M-M***'.MY1 .
y'u,k?s y(• ;;... _. .. a.,I .. TOTAL INVOICE IS 0.00 -
rac?t ..........................
'
CUSTOMER' SIGNATURE -
D U P L I C A TE I N V O I C.E
i
sr rp S;Y r PLAINTIFF S
EXHIBIT
tt ? tf ? n nAT ?
?r k? ; '? ?1 ? ?• t 1uiA c 'e i1( h Y1 .Cr
EXHIBIT "G"
W ?IE 131 East Main Street@Hummelstown, Pa. 17036
CHRYSLER-PLYMOUTH-JEEP PHONE (717)566-2519
1
It?{f?$d?UI1bY'U21pilfl>?'?6r110a1r 4 d4:`t?.tlalStdi;x.r.?Ua.zl....?.1 ..u.., . „ k.. ' I•?.. ?:
N "/J' Nt ?? -il lw•M{•l {A,a,f,iC _? ?, °"°- WVgCE D?IF. INVOIC W
i aE;9F,;. ;;,,•,:..?;;.4 tU , ?u!`, 1 ' i. meat ANTE
TINA GdLVIN r{ CEN6E NO M,IFAOE CHCS24711
coat erocR ND.
610PEPPEflCORNSOUARE - YENO%4ARB.Aq-- BJC2938 45277 ?
EEP N cpv n.• RANGLER DELIVERY MILE6
110 0
F .. Vfl . NOI ( - t., I -C'? 'N•I "UJI DMERND. ...1. pggpt?tpN DATE
ENOLA PA17026 Y P .ENO e >
pqN '+ {Ih'//tVyLk`iR?l((`,JtAA} ?fn"MNtl'i'IP ^S"I 1 f ! QnA! iJ r I r 1 r o. No R o DNr
w1Etlt? i?'Kil'rI b7}(`I• EII?INEEfi PHONE COltlM6M ' r II f 1G) {
:( bl. J Ibt c I ? r. • Ir9 I , i"e?tiIV?IM'!<?12,?!'fI Y{r' f '- I I [i 1 i 9+t"1''? l
0;452M','-7,. ?gBOR 6 PMTS ':t '{v4r'Fti {
Ji 1 11CHZ EXHAUST ''V' I 1, ;9h°Y"''It'('3kRECH(S 9807'•
CUSTOMER REQU WARppMy
ESTS TO REPLACE CATAL IC CONVERTOR ?UE r 7,
BAD ELEMENT CAUSONG RATTLE, rTitdL?^?ra q?tn1 t *,
.'.REMOVED'ANO RE PLACED
:CATALYTIC:COBVERTIXt MORUN ENGINE .TO
VERIFY REPAIR ' - + a1 I:'yr+ L< T t,F. _I,
- --FP•NUMBER LISPRICE-NIPRICE-
•JOMB I*,,***QTY 1 1 52018933 PIPE:EXHA 14070011 - NgpppMy
._JOB ,1 1 52005431 , SEALEXHA 14072009 Y
JOB B 1 . 2 '.J4007109 STUD'NONE:14011040 ypgppMy
,. E0035336 .
CLAMP,U14008011 WARM
JOB # 1 TOTAL PARTS 0,00
• .... JOB # 1 TOTAL LABOR & PMTS 0.00
:.:- ...........
............... .._...-..-.__-...-_..
J# 2 20CHZ TRANS OIL - .............: TY .
TRANSFER REpUES . REPALCE CHECK OUT'SHAFT SEAL ON TRAN
TRANSFER CASE SEAL. PLEASE CHECK AS TO POSSIBLE CAUSE OF DA
REMOVED AND REPLACED REM OUTPUT SHAFT SEAL ON TRMSFER.R
y ,,.•, CASE.ITOP OFF FLUID AND RUN VEHICLE TO VERIFY PROPER
OPERATIONI.
PMT •=.... TY-?-FP-NUHBER ....... DESCRIPTION ....... LIST PRICE-UNIT PRICE-
,'40B 2 O 1 4798117 §EAL.OUTP 21060012
' JOB # 2 TOTAL PMTS ' 0.00
JOB # 2TOTAL LABOR & PMTS 0,00
TOTALS ...:: .......................................
"t'M'.n**'Y'f+i'*"**,'****a****?';w TOTAL LABOR..., ,- 0,00
-TOTAL PARTS.;_ 0.00
00
* - * -
"xBCASH C:'7 CHARGE TOTAL SUBLET.., 0, VISA C ] M/C C '] * TOTAL G 0 G 0.00
$wOISCOVER"[ ] CHECK' TOTAL MIST CHGi 0.00
*, 'C ] NO#.........
TOTAL MIST ,DISC 0.00 -
+r.:>tr,..Y,++.k,'y}M TOTAL TAX .. 0.00
.. - .,. TOTAL INVOICES 0.00
...............................
CUSTOMER SIGNATURE
;r. PLAINTIFF'S
EXHIBIT
An
DAM r
EXHIBIT "H"
WAKNER
CHRYSLER-PLYMOUTH-JEEP
131 East Main Street •Hummelstown, Pa. 17036
PHONE (717)566-2519
CUSTOMER NO ??.
.
ADVISOR
mor TAG N0. INVOICE OIIE ` INVOICE NO.
,
1852
1
TINA GALVIN LIBOR RATE UCENSE NO. MILEAGE COLOR STOCK NO.
C 938 45282
510 PEPPERCORN SQUARE rEARIM?KE,MOOEE -o"Lyumwte DEUVERV MUS
VEHIGM M. G. - FELLING DMER NO. PROOUCTICII
ENOLA PA 17025
" F. T. E. NO. P. O. NO. R. O. DATE
IIEE,BIENCE PNONE I EUSINE98 PHONE COMMEMB ,
:
612-4302
a
M
LgBpR & PARTS ......... ....... .. ........ ......................
- .
JP 1 21CHZ = TRANSMISSION
TECH S):9807 WARRANTY
CUSTOMER STATES THERE IS TRANSMISSION OIL LEAKING OUT
OF VEHICLE
PUT VEHICLE UP ON LIFT AND INSPECT. VERIFIED LEAK FROM REM
SEAL OF TRANSFER CASE. REMOVED REM DRIVE SHAFT AND SELA
INSPECTED FOR CAUSE OF DAMAGE TO SEAL. FOUND IMPROPERLY
INSTALLED C CLIP ON OUTPUT SHAFT OF TRANSFER CASE. INSTALLED
C CLIP PROPERLY AND INSTALLED NEW REM SEAL.- REINSTALL
DRIVE SHAFT AND RUN VEHICLE UP ON LIFT FRO VIBRATION.
NO VIBRATION NOTED, NO LEAKS NOTED. CLEANED AND DEGREASED
• AREA AND TOPPED OF FLUID. TEST DROVE VEHICLE AND PUT BACK
ON LIFT AND REINSPECT TO VERIFY REPAIR. NO LEAKS NOTED
AT-THIS TIME
PART
JOB S••-•••QTY•.. FP-NUMBER •-••••••••••••.DESCRIPTION ......... LIST PRICE-UNIT PRICE.
A` 1 1 47
98117 SEAL OUT•P. 21060012 WARRANTY
JOB # 1 TOTAL, PMTS - 0.00
JOB # 1 TOTAL LABOR & PMTS
...........
. 0.00
.....
.... B. ODY - Y,....................................TECH(S)..:..9220 ? ...........:-.-...
J# 2+23CHZ .........0.....00
CUSTOMER STATES THAT THERE IS WATER ON LEFT'REARFLOOR AREA"'
FEELS WINDOW WAS LEFT DOWN
- V
.
VEHICLE WAS LEFT IN OVER NIGHT WITH EXHAUST SYSTEM TORN
APART. PEFORMED WATER LEAK TEST TO DETERMINE CAUSE OF WATER'
LEAK. FOUND WATER LEAK AT LEFT REAR OF DRIVERS DOOW WINDOW
ZIPPER. WILL NEED TO REPLACE LEFT DOOR WINDOW TO CORRECT.
ESTIMATE TO REPLACE LEFT DOOR WINDOW $320. "-
PARTS ••••••QTY`--FP-NUMBER••--•••••••••..DESCRIPTION ......... LIST PRICE-UNIT PRICE- '
JOB; # '.2PTOTAL,PARTS 0.00
JOB # 2 TOTAL LABOR 8 PARTS '" - 0.00
....... ............................................................. c•...........:.:• .............
COMMENTS .........................................................................:. .
'5 DAY LOANER $30.00/DAY.'FILE 5655783 7071 PAUL '
i 2489447071 ?„ ,__ •.• -
i
..
PLAINTIFF'S
EXHIBIT
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+ / '?('I I)lTTN11FR h fJ NCYT c6r.D?
IWAKNEril 131 East Main Street •Hummelstown, Pa. 17036
PHONE (717)566-2519
CHRYSLER-PLYMOUTH-JEEP
?V`(g1Et F7 I_w.eVn
LVIN.pa+r 1 I ufiaa a
PERCORN SQUARE 9EARJM
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VEHICLE
PA 1709i JA
i ; CASH CHARGE ["]`-'VISA' [ q M/C?C+'.y9 ?a'hS'y`' "z TOTAL"G 0 G
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* 'JOTAL TAX::
TOTAL INVOII
-... .. .............
CUSTOMER SIGNATURE ......
K.-Kta 1. , ...... .I eI . I ..
441499
POND.
INVOIOEOAtt INVOICE NO.
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COLOR 6TOCK NO.
DELIVERY
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SELLIN00EAlERNO. PROOUMION DATE
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EXHIBIT
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04/14/99 08:19 FAY 717 730 1098
WmNFE
CHRYSLER-PLYMOUTH JEEP
S1 AtY JUYYUKI
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131 East Main Street•Hummelstown, Pa. 17036
PHONE (717)566-2519
EXHIBIT "K"
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13599
CHRITINA GALVIN
5 SOUTHMONT DR APT A
ENOLA PA 17025
HOM^c: 717-732-3030 BUS:
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Service
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J
EXHIBIT "M"
JUr4 91999
(7a)
June 3, 1999
Ms. Christina M. Galvin
510 Peppercorn Square
Enola, PA 17025
RE: CASE # 33995090PA
Dear Ms. Galvin:
National Center for Dispute Settlement
2777 Stemmons Freeway • Suite 650
Dallas, Texas 75207
(214) 638-2700
Fax: (214)638.4054
Your request for arbitration within our DaimlerChrysler Motors
Corporation (DaimlerChrysler) arbitration process has been received and
assigned the above case number. The Customer Arbitration Process has
jurisdiction on service issues related to DaimlerChrysler's New Vehicle
Limited Warranties.
Your application for arbitration states that the nonconformity is an
item (s) / system (s) that is no longer in warranty. Therefore, your
situation falls outside the bounds of the arbitration process.
Although we are unable to assist you with this matter, we are pleased
that you took the time to explore this situation with us.
Sincerely,
Brenda B. Boyd
Case Administration
CC: Panel Members
M. D. Zielke, DaimlerChrysler Motors Corporation
Bradley A. Schutjer, Esquire
Where interests converge, agreements emerge
H ( 0S
PLAINTIFF'S
EXHIBIT
J
i
THE LAW FIRM OF
' KILLIAN & GEPHART
y 218 PINE STREET
P. 0. Box "G
HARRI SBURG. PENNSYLVANIA 17108.0886
ORIGINAL CERTIFIED COPY
`
? 1
A.
CHRISTINA M. GALVIN
510 Peppercorn Square
Enola, PA 17025
V.
THE CHRYSLER CORPORATION
c/o CT Corporation
1635 Market Street
Philadelphia, PA 19103
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3909
CIVIL ACTION-LAW
ANSWER TO NEW MATTER
AND NOW comes Plaintiff, Christina M. Galvin, by and through
her attorneys, Killian & Gephart, LLP, and sets forth the
following Answers to the allegations contained in Defendant's New
Matter:
44. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
45. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
46. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
47. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
48. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
49. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
50. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
51. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
52. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
53. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
2
54. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
55. Neither admitted nor denied. The averment contained in
this paragraph is a conclusion of law to which no response is
required. To the extent the paragraph sets forth factual matter,
said factual matter is denied.
WHEREFORE, Plaintiff, Christina M. Galvin, respectfully
requests that the New Matter be dismissed.
Respectfully submitted,
KILLIAN & GEPHART
?ttorney/I.D. #75r4(
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: c,_T--ctc?
Attorneys for Plaintiff
3
CERTIFICATE OF SERVICE
I do certify that I served a true and correct copy of the
within document upon the following by depositing a copy of same in
the United States mail, postage prepaid, addressed as follows:
James W. Stevens, Esquire
Marshall Dennehey Warner Coleman & Goggin
1845 Walnut Street
Philadelphia, PA 19103
Br ley)A: Schut e-i! Esquire
R' lian/& Gephar /I
18 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: q_$-qck Attorneys for Christina Galvin
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CHRISTINA M. GALVIN
510 Peppercorn Square
Enola, PA 17025
V.
THE CHRYSLER CORPORATION
c/o CT Corporation
1635 Market Street
Philadelphia, PA 19103
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3909
CIVIL ACTION-LAW
RETURN OF SERVICE
Service of a Complaint gwas made by me:
DATE : a.&I /q I l l l
NAME OF SERVER: Jennifer Myron
TITLE: Process Server
METHOD: Personal Service
Individual Served: (A-lac Authorized Agent for Defendant
Place of Service: CT CORPORATION
1635 Market St
Philadelphia PA 19103
I declare under penalty of perjury under the laws of the
United States of America that the foregoing information contained
in the Return of Service is true and correct.
CAL II lJ //
Date Si nature of S rver
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CHRISTINA M. GALVIN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
THE CHRYSLER CORPORATION,
Defendant
NO. 99-3909 Civil
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant, DaimlerChrysler
Corporation, in the above-captioned case.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGlb?
BY:
MATTHEW L. OWENS, ESQUIRE
100 Pine Street, 4th Floor
P.O. Box 803
Harrisburg, PA 17108-0803
I.D. No. 76080
(717) 232-9324
/DATE: O O Attorneys for Defendant
? i ? /
I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this 1k-day of January, 2000 served a copy of the foregoing
document via First Class United States mail, postage prepaid as follows:
Bradley A. Schutjer, Esquire
KILLIAN & GEPHART
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108
SUSAN M. WILLIAMS
c:, r.
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TO PLAINTIFF
YOU ARE HEREBY NOTIFIED 10
PLEAD TO TIIE•ENW(201 NEW MATTER WIFROM TIIE DEF
AULT IAGAINST YA«amcy for
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
By: James W. Stevens, Esquire
Attorney ID No: 40534
1845 Walnut Street
Philadelphia, PA 19103
(215) 575-2684
Attorney for Defendant,
DaimlerChrysler Corporation
CHRISTINA M. GALVIN
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
THE CHRYSLER CORPORATION
NO. 99-3909
ANSWER WITH NEW MATTER OF DEFENDANT,
DAIMLERCHRYSLER CORPORATION TO
PLAINTIFF'S COMPLAINT
Defendant, DaimlerChrysler Corporation by and through its attorneys, Marshall,
Dennehey, Warner, Coleman & Goggin, hereby answers plaintiff's Complaint and asserts new
matter defenses as follows:
1. Denied. After reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the truth of these averments and the
same are therefore denied.
2. Admitted in part; denied in part. DaimlerChrysler Corporation is a corporation
organized and existing under the laws of the State of Delaware with a principal place of business
in Michigan. In addition, it can be served at the CT Corporation Systems, 1635 Market Street,
Philadelphia, PA 19103. The remaining averments are denied.
WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment
in its favor and against the plaintiff, together with costs.
Admitted in part; denied is part. It is admitted that plaintiff obtained a
DaimlerChrysler Corporation vehicle that was manufactured and warranted by defendant bearing
vehicle identification number as alleged. After reasonable investigation, answering defendant is
without information or knowledge sufficient to form a belief as to the truth of the remaining
averments and same are therefore denied.
4. Denied. After reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the truth of these averments and the
same are therefore denied.
5. Denied. It is denied that repair attempts were ineffective or that the vehicle could
not be used for the purposes intended by the plaintiff. It is further denied the vehicle is
worthless.
6. Denied. Because the plaintiff has failed to define the specifics of the alleged
warranties, guarantees, affirmations or undertakings after reasonable investigation, answering
defendant is without information or knowledge sufficient to form a belief as to the truth of these
averments and same are therefore denied.
Denied. It is denied that the vehicle was nonconforming or that after a reasonable
number of attempts, any discrepancies covered under the warranty were not repaired in
accordance with the terms of the warranty.
2
Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiff's Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
9. Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiffs Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
10. Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiff's Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
11. Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiff's Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
12. Admitted in part; denied part. It is admitted that an exhibit is attached to
plaintiff's Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
13. Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiffs Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
14. Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiffs Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
15. Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiff's Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
16. Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiff's Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
17. Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiff's Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
18. Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiff's Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
4
19. Admitted in part; denied in part. It is admitted that an exhibit is attached to
plaintiffs Complaint and that such exhibit appears to be a repair order. Defendant denies the
characterization of service on that date and the remaining averments of this paragraph. The
document speaks for itself.
20. Denied. It is denied that the vehicle was subject to additional repair attempts or
any records that were required to be maintained were not maintained.
21. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
22. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
23. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment
in its favor and against the plaintiff together with costs.
COUNTI
MAGNUSON-MOSS (FTC)
WARRANTY iMPROVEM NT ACT
24. Defendant, DaimlerChrysler Corporation, hereby incorporates its previous
answers to plaintiffs Complaint as though the same were set forth herein at length.
25. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
26. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
27. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
28. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
29. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
30. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
31. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment
in its favor and against the plaintiff together with costs.
COUNT II
UNIFORM COMMERCIAL CODE
32. Denied. It is denied that defendant's authorized service facility has performed
ineffective repairs. It is further denied that defendant has breached any warranty or is otherwise
liable to plaintiff as a result of any action or inaction on the part of the answering defendant.
33. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
34. Denie.l. After reasonable investigation answering defendant is without
information or knowledge sufficient to form a belief as to the truth of these averments contained
in this paragraph and the same are therefore denied.
35. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
36. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
37. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
38. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment
in its favor and against the plaintiff, together with costs.
COUNT III
PENNSYLVANIA UNFAIR TRADE
PRACTICES AND CONSUMER
PROTECTION LAW
39. Defendant, DaimlerChrysler Corporation, hereby incorporates its previous
answers to plaintiff's Complaint as though the same were set forth herein at length.
40. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
41. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
42. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
43. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment
in its favor and against the plaintiff, together with costs.
44. Plaintiff's Complaint fails to state a claim for which relief may be granted against
DaimlerChrysler Corporation.
45. Plaintiffs claims are barred and/or limited by the applicable disclaimers of
warranty and limitations of damage provisions.
46. Plaintiffs claims are barred and/or limited by her neglect, misuse, abuse,
modification, and/or alteration of the vehicle, which is the subject of this litigation.
47. Plaintiffs claims are barred and/or limited by her failure to mitigate damages.
48. If the plaintiff sustained any alleged injuries, damages or losses, those injuries,
damages, or losses were caused by persons and/or entities over whom answering defendant had
no control and for whom answering defendant is not responsible.
49. Plaintiffs alleged claims of nonconformity do not substantially impair the use,
value, or safety of the vehicle.
50. Plaintiffs claims are or may be barred by the applicable doctrine of lathes,
estoppel or waiver.
51. Plaintiffs Complaint fails to state a claim for which any attorney fees may be
awarded.
52. Plaintiffs claims may be barred and/or limited by the Lemon Law, Unfair Trade
Practices and Consumer Protection Law, Uniform Commercial Code and the Magnuson-Moss
Warranty Act.
53. It is denied that plaintiff obtained the vehicle primarily or normally for personal,
family or household purposes and plaintiff is not entitled to recovery under the Lemon Law,
Magnuson-Moss Warranty Act, or the Pennsylvania Unfair Trade Practices Act.
54. Plaintiffs Complaint may be barred by the applicable statute of limitations.
55. Defendant pleads accord and satisfaction as a defense to this matter.
WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment
in its favor and against the plaintiff, together with costs.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
JAMES W. STEVENS, ESQUIRE, hereby states that he is the attorney for
DaimlerChrysler Corporation, defendant herein, and verifies that the statements made in the
foregoing Answer with New Matter of Defendant, DaimlerChrysler Corporation, to Plaintifrs
Complaint, are true and correct to the best of his knowledge, information and belief. The
undersigned understands that the statements therein are made subject to the penalties of 18 Pa.
C.S. §4904, relating to unsworn falsification
I, James W. Stevens, Esquire, hereby certify that I am attorney for the defendant,
DaimlerChrysler Corporation, in the within action; that I am duly authorized to make this
certification and that on the 23`h day of August, 1999, 1 did cause a true and correct copy of
Answer and New Matter of Defendant, DaimlerChrysler Corporation, to Plaintiffs Complaint to
be forwarded by first class, U.S. Mail to counsel below as follows:
Bradley A. Schutjer, Esquire
KILLIAN & GEPHART
218 Pine Street, P.O. Box 886
Harrisburg, PA 17108-0886
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIDL-
BY:
Corporation
m °' r.-
W
U co)
U
FKILE N)ATAFII.4FM151 Wmul¢mpl
CHRISTINA M. GALVIN,
Plaintiff
VS.
THE CHRYSLER CORPORATION
Defendant
TO: Michael J. O'Connor, Esquire
KILLIAN & GEPHART, LLP
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3909 CIVIL 1999
Matthew L. Owens, Esquire
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
100 Pine Street - 41° Floor
P.O. Box 803
Harrisburg, PA 17108-0803
REVISED NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in
the above captioned matter will meet for the purpose of their appointment, Wednesday, April 18,
2001, beginning at 1:30 p.m. in the Law Offices of MARTSON DEARDORFF WILLIAMS &
OTTO, 10 East High Street, Carlisle, Pennsylvania 17013, at which time and place you may
appear and be heard, together with your witnesses and counsel, if you so desire.
DATED: February 20, 2001
J, ,d .
AT-
Ivo V. Otto, III, Esquire, Chairman
Mark C. Duffie, Esquire, Arbitrator
Anthony E. Marrone, Esquire, Arbitrator
cc: Court Administrator's Office
MARTSON DEARDORFF WILLIAMS 6T 0rro
MD) &O
INFOMIATION • ADVICE • ADVOU[Y
TEN FAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
INTERNET W .mdwoxom
MULTIPLE FACSIMILE TRANSMISSION
FROM.' No V. Otto, III, Esquire DATE. 2/20/2001
ATTORNEYS & COUNSELLORS AT LAW
WILLIAM F. MART-SON
JOHN B. FOWLER III
EDWARD L. ScHoarr
DANIEL K. DEARDORFF
THOMAS J. WILLIAMS
IVO V. OTTO III
GEORGE B. FALLER JR.'
CARL C. RISCIS
MARK A. DF.NLINGER
'BOARD CERTIFIED CIVIL TRIAL SPECIALIST
RE: Galvin v. The Chrysler Corp. Arb. PAGES: 2
(No. 3909 Civil 1999 - Cumberland Co. C.C.P.Jincludingthis sheet)
TO THE FOLLOWING:
TO: Michael J. O'Connor, Esquire
Matthew L. Owens, Esquire
To. Mark C. Duff ie, Esquire
TO: Anthony C. Marron, Esquire
To. Court Administrator's Office
TO:
FAXNO.: 238-0592
232-1849
FAXNO.: 761-3015
737-9215
FAXNO.. 240-6462
COMMENTS: Attached is a Revised Notice of Hearing for the above matter.
The parties have agreed to reschedule the Arbitration to Wednesday, April 18,
2001, beginning at 1:30 p.m. A copy of the revised notice will be sent via
U.S. Mail.
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVLDUAL OR ENTITY TO WHICH
ITISADDRESSED. ANDMAYCONTAININFORMATIONTHATISPRIVILEGED. CONFIDENTIALAND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW IF THE READER OF THIS MESSAGE IS
NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING
THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONE (COLLECT), AND RETURN THE ORIGINAL MESSAGE TO US AT
THE ABOVE ADDRESS VIA THE U. S. POSTAL SERVICE (WE WILL REIMBURSE POSTAGE). THANK
YOU.
INFORMATION • ADVICE • ADVOCACY'"'
BROADCAST REPORT
TIME : 02/20/2001 11:18
NAME : MDWO
FAX : 7172431850
TEL : 7172433341
PAGE(S) 02
DATE TIME FAX N0./NAME DURATION PAGE(S) RESULT COMMENT
02/20 11:07 2380592 41 02 OK ECM
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02/20 11:11 2406462 39 02 OK ECM
02/20 11:18 7613015 40 02 OK ECM
BUSY: BUSY/NO RESPONSE
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CV : COVERPAGE
RMIL6N:A'TAN MW tt Vv..mrF..m,A
CHRISTINA M. GALVIN,
Plaintiff
VS.
THE CHRYSLER CORPORATION,
Defendant
TO: Michael J. O'Connor, Esquire
KILLIAN & GEPHART, LLP
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3909 CIVIL 1999
Matthew L. Owens, Esquire
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
100 Pine Street - 4' Floor
P.O. Box 803
Harrisburg, PA 17108-0803
REVISED NOTICE. OF HEARING
YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in
the above captioned matter will meet for the purpose of their appointment, Wednesday, April 18,
2001, beginning at 1:30 p.m. in the Law Offices of MARTSON DEARDORFF WILLIAMS &
OTTO, 10 East High Street, Carlisle, Pennsylvania 17013, at which time and place you may
appear and be heard, together with your witnesses and counsel, if you so desire.
DATED: February 20, 2001
J,,nfU .?• •.?-
No V. Otto, III, Esquire, Chairman
Mark C. Duffie, Esquire, Arbitrator
Anthony E. Marrone, Esquire, Arbitrator
cc: Court Administrator's Office
4
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JANE GOWEN I'P.NNY
'rERHP.N('li 1. McOOK'AN
PAUTA J. MCOE.RMOrI
1. PAUI, IIEIFY
MICHAVIA O'c'ONNOR
III:A m W M. LAUSI
THE LAW FIRM OF
KILLIAN & GEPHART, LLP
218 PINE STREET
P. O. BOX 886
HARRISBURG, PENNSYLVANIA 17108-0886
TELEPHONE (717) 232-1851
FAX NO. (717) 238-0592
www.killiangephart.com
February 6, 2001
lvo V. Otto, 111, Esquire
10 East High Street
Carlisle, PA 17013
Re: Galvin v Chrysler Coraoration
Civil Action No. 99-3909; Cumberland County
Dear Mr. Otto:
As you are likely aware, I represent Tina Galvin in the above-captioned case. We
originally had an arbitration hearing scheduled for Wednesday, November 15, 2000 which
was continued. We have been attempting to reschedule this arbitration since late December
2000. One of the problems appears to be obtaining an available date from defense counsel,
Matthew Owens, Esquire. My client has been patiently waiting for this arbitration to be
rescheduled and is anxious to have this case resolved as soon as possible. I understand you
are available to conductthe arbitration hearing during Wednesday afternoons. I am available
to participate in the arbitration on February 21, 2001, February 28, 2001, March 7, 2001 and
March 14, 2001. 1 kindly request that you schedule the arbitration for one of those dates so
that my client may have her case resolved by the arbitration panel.
Thank you for your courtesy and attention to this matter. If you have any questions,
please do not hesitate to contact me at your convenience.
Very truIy Y, rs,
Michael J. O'Connor
MJO/mbl
cc: Christina Galvin
THE LAW FIRM OF
JOHN D. KILLIAN KILLIAN & GEPHART, LLP
SMITH D. GEPHART 218 PINE STREET
THOMAS W. SCOTT P. O. BOX 886
JANE GOWEN PENNY HARRISBURG, PENNSYLVANIA 17108-0886
TERRENCE I. MCGOWAN ..........
PAULA J. WDERMOTT TELEPHONE (717) 232-1851
1. PAUL HELVY FAX NO. (717) 238-0592
MICHAEL J.O'CONNOR www.killiangephart.com
HEATHER M. FAUST
December 20, 2000
No V. Otto, III, Esquire
10 East High Street
Carlisle, PA 17013
Re: Galvin v Chrysler Corporation
Civil Action No. 99-3909; Cumberland County
Dear Mr. Otto:
At the present time, it does not appear that the above-referenced case will settle.
Therefore, kindly set a date for the arbitration and for the appropriate notice to my attention.
My client is anxious to have this case heard and resolved.
Thank you for your courtesy and attention to this matter. If you have any questions,
please do not hesitate to contact me at your convenience.
Very truly yours,
Michael J. O'Connor
MJO/mbl
cc: Christina Galvin
OEC 2 2 2000
MARTSON DEARDORFF WILLIAMS & OTTO
M DR O ATTORNEYS E
AT LOW
WILLIAM F.
WRLIAM F. MnarsoN
INFORMATION•ADVIG.ADvocA Y JOHN B. FOWLER III
EDWARD L. SCHORPP
DANIEL K. DEARDORFF
TEN EAST HIGH STREET THOMAS J. WILLIAMS'
CARLISLE, PENNSYLVANIA 17013 NO V. Orro III
GEORGE B. FALLER JR.-
TELEPHONE (717) 243-3341 CARL C. RISC"
FACSIMILE (717) 243.1850 BENJAMIN T. WARNER
INTERNET www.mdwo.com MARK A. DENLINGER
'BOARD CERTIFIED CIVIL TRIAL SPECIALIST
MULTIPLE FACSIMILE TRANSMISSION
FROM: No V. Otto, III, Esquire DATE: 11/14/2000
;alvin v. The Chrysler Corp. Arbitration PAGES: 1
No. 3909 Civil 1999) (including this sheet)
TO THE FOLLOWING:
Michael J. O'Connor, Esquire FAXNO.: 238-0592
TO: Matthew L. Owens, Esquire
TO. Mark C. Duffie, Esquire
TO: Anthony C. Marrone, Esquire
Court Administrator's Office
FAXNO.: 232-1849
FAXNO.: 761-3015
FAXNO.: 737-9215
FAXNO.: 240-6462
j u: FAXNO.:
COMMENTS: The Arbitration Hearing scheduled for November 15, 2000 at
1:30 p.m, has been continued generally at the request of Defendant's counsel
If necessary, the hearni will be rescheduled
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
ITISADORESSED.ANDMAYCONTAININFORMATIONTHATISPRIVILEGED. CONFIDENTULAND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW IF THE READER OF THIS MESSAGE IS
NOTTHEINTENDEDRECIPIENT, OR THEEMPLOYEE ORAGENTRESPONSIBLEFOR DELIVERING
THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONE (COLLECT), AND RETURN THE ORIGINAL MESSAGE TO US AT
THE ABOVE ADDRESS VIA THE U. S. POSTAL SERVICE (WE WILL REIMBURSE POSTAGE). THANK
YOU.
INFORMATION • ADVICE • ADVOCACY'"'
BROADCAST REPORT
TIME : 11/14/2000 15:35
NAME : MDWO
FAX : 7172431850
TEL : 7172433341
PAGE (S) 01
DATE TIME FAX N0./NAME DURATION PAGE(S) RESULT COMMENT
11/14 15:25 2380592 28
34 01
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ECM
11/14 15:26 2321849 27 01 OK ECM
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28
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27
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11/14 15:34 2406462
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NG POOR LINE CONDITION
CV COVERPAGE
F.41LEMATAFILLM,ISC?ub.=92
CHRISTINA M. GALVIN,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3909 CIVIL 1999
THE CHRYSLER CORPORATION,
Defendant
TO: Michael J. O'Connor, Esquire
KILLIAN & GEPHART, LLP
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
Matthew L. Owens, Esquire
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
100 Pine Street - 0 Floor
P.O. Box 803
Harrisburg, PA 17108-0803
ncvreEn N T-1QE OF HEARING
YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in
the above captioned [natter will meet for the purpose of their appointment Wednesday, November
15, 2000, beginning at 1:30 p.m. in the Law Offices of MARTSON DEARDORFF WILLIAMS
& OTTO, 10 East High Street, Carlisle, Pennsylvania 17013, at which time and place you may
appear and be heard, together with your witnesses and counsel, if you so desire.
DATED: November 9, 2000
No V. Otto, III, Esquire, Chairman
Mark C. Duffie, Esquire, Arbitrator
Anthony E. Marron, Esquire, Arbitrator
cc: Court Administrator's office
MARTSON DEARDORFF WILLIAMS & OTTO
MM&O
TEN EAST HIGH STREET
CARLISLE. PENNSYLVANIA 17013
TELEPHONE (717) 243.3341
FACSIMILE (717) 243.1850
INTERNET www.mdwoxom
MULTIPLE FACSIMILE TRAN MI S/ON
ATTORNEYS & COUNSELLORS AT LAVA
WILLIAM I. MARTSON
JOHN B. FOWLER III
EDWARD L. SCHORPP
DANIEL K DEARDORFF
THOMAS J. WILLIAMS
IVO V. Orro III
GEORGE B. FALLER JR.-
CARL C. RISCH
BENJAMIN T. WARNER
MARK A. DENLINGER
'BQ D CERTIFIED CIVILTW1 Sptmus
FROM. Jackie for No V. Otto, III, Esquire DATE: 11/9/2000
RE. Galvin v. The Chrysler Corp Arbitration PAGES 2
(including this sheet)
TO THE FOLLOWING.
TO: Michael J. O'Connor, Esquire
TO. Matthew L. Owens Esquire
TO: Mark C. Duff ie, Esquire
TO. Anthony C. Marron Esquire
FAXNO.: 238- 0592
FAXNO.: 232-1849
FAXNO.: 761-3015
FAXNO.: _ 737-9215
FAXNO..
FAXIVO.:
COMMENTS: Per the Amended Order Mark ,f ; gGrn, • rP h c t,ePn
pointed to replace Barry Kronthal, Esquire. Attached is a sor.•nd revised
Notice of Hearin
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
ITISADDRESSED AND MAYCONTAININFORMATIONTHATISPRIVILEGED, CONFIDENTIAL AND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW IF THE READER OF THIS MESSAGE IS
NOTTHEINTENDED RECIPIENT, OR THEEMPLOYEEORAGENTRESPONSIBLEFORDELIVERING
THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONE (COLLECT), AND RETURN THE ORIGINAL MESSAGE TO US AT
THEABOVEADDRESS VIA THE U. S. POSTAL SERVICE (WE WILL REIMBURSE POSTAGE). THANK
YOU.
INFORMATION • ADVICE 0 ADVOCACY"
BROADCAST REPORT
TIME 11/09/2000 13:44
NAME MDWO
FAX 7172431850
TEL 7172433341
PAGE (S) 02
DATE TIME FAX N0./NAME DURATION PAGE(S) RESULT COMMENT
11/09 13:23 2321849 50 02 OK ECM
11/09 13:25 7379215 39 02 OK ECM
11/09 13:32 7613015 39 02 OK ECM
11/09 13:44 2388189 00 00 BUSY
BUSY: BUSY/NO RESPONSE
NG : POOR LINE CONDITION
CV : COVERPAGE
TRANSMISSION VERIFICATION REPORT
TIME 11/09/2000 13:44
NAME MDWO
FAX 7172431850
TEL 7172433341
DATE, TIME 11/09 13:44
FAX NO. /NAME 2388189
DURATION 00:00:00
PAGE ( S) 00
RESULT BUSY
MODE STANDARD
BUSY: BUSYMO RESPONSE
AS & Orro
1®
TEN EAST FLGH 5
CARLISLE, PENNW
TELEPHONE (717)
FAcsj&nLE. (717)
INTERNET a
17013
ATTORNEYS & COuNSEUORS AT LAW
WmLmm E MARrsON
JOHN B. FOWLER III
EDWARD L SCHORN
OANiEL K. DEARDoRFP
THomm J. WaLmms
IVO V. Orto III
GEORGE B: FALLER )R.-
CARL C. RmH
BENIAmw T. WARNER
MARKA DENuNGER
'BOARD Cwutm CrnLTL+AL Sncmm
MULTIPLE FACSIMILE TRANSMISSION
Jacky for Iva V. Otto
v.
DATE: 11/9/2000
_ ,PAGES:: 2
(including this Sheet)'
TO•THE FOLLOWING.
70: Michael J. O'Connor, Esquire FAXNO.: 238-8189
TO: Matthew L. Owens, Esquire
To, Mark C. Du£fie, Esquire
Anthon C. Marrone, Es re
TO.,
70.
FAXNO.: 232-1849
FAXNO.: 761-3015
FAXNO.: 737-9215
FAXNO.:
FAXNO.:
COMMENTS: Per the Amended Order Mark C ff' IT irp h-a lpen
appointed to replace Barrv Kronthal Esquire Attached is a secmd Rey ad
Notice of Hearing.
TRANSMISSION VERIFICATION REPORT
TIME 11/09/2000 13:48
NAME MDWO
FAX 7172431850
TEL 7172433341
DATEJIME 11/09 13:48
FAX NO. /NAME 2380592
DURATION
0
:00:40
PAGE(S) 02
RESULT OK
MODE STANDARD
ECM
MAATSON DEAAOOAFF WILLIAMS & OTTO
MIDW,SiOINNAWATLON Avna AOvocAcT
T64 EAsr HLcN STREET
CARLISLE. PENNSYLVANIA 17013
TmuHONC (717) 243.3341
FAC+IMILE . (717) 243 I85D
INT NEr www.mdwo.wm
MULTIPLE FACSIMILE TRANSMISSION
ATMRNM ?Y COUNSSLIORS AT 1AW
WIWAM F MARTSON
JOHN B. Foavvx III
EowALLD L. ScHoML'
DANIEL K DGAmom
THOMAS J. WILLLAMS
No V. OTTO III
GF.oRC4 B. FADER JR.'
CAR. C. 21SCH
BZMAMLN T. WAANRR.
MALIK A. DENUNGEA
'BO+RO CERTLFlW CMLTIWL SPRCTAUST
FROM: Jacky for. No V. Otto, III, Esquire DATE: 11/9/2000
RE: Galvin V. The Chrysler Corp. Arbitration PAGES: 2
(including this sheet)
TOTHEFOLLOWING:
TO: Michael J. O'Connor, Esquire FAkNo..- 238-•0592
TO. Matthew L. Owens, Esquire
TO; Mark C. Duffis, Esquire
TO: Anthony C. Marron, Fsquire
TO:
TO:
FAXNO.: 232-1849
FAXNO.: 761-3015
FAXNO.: 737-9215
FAXNO.:
FAXNO.:
COMMENTS:_ Per the Amended Order, Mark C. Duffie. Esquire has been
appointed to reAlace Barry Kronthal Esquire Attached is a second Reviaarl
FWLMATAFI1. ]S?-ub z2
CHRISTINA M. GALVIN,
Plaintiff
VS.
THE CHRYSLER CORPORATION,
Defendant
TO: Michael J. O'Connor, Esquire
KILLIAN & GEPHART, LLP
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 3909 CIVIL 1999
Matthew L. Owens, Esquire
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
100 Pine Street - 4' Floor
P.O. Box 803
Harrisburg, PA 17108-0803
REVISED NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in
the above captioned matter will meet for the purpose of their appointment Wednesday, November
15, 2000, beginning at 1:30 p.m. in the Law Offices of MARTSON DEARDORFF WILLIAMS
& OTTO, 10 East High Street, Carlisle, Pennsylvania 17013, at which time and place you may
appear and be heard, together with your witnesses and counsel, if you so desire.
DATED: October 9, 2000
No V. Otto, III, Esquire, Chairman
Barry Alan Kronthal, Esquire, Arbitrator
Anthony E. Marrone, Esquire, Arbitrator
cc: Court Administrator's Office
FVIL ATAPIUM1JSc .. ...
CHRISTINA M. GALVIN,
Plaintiff
VS.
THE CHRYSLER CORPORATION,
Defendant
TO: Michael J. O'Connor, Esquire
KILLIAN & GEPHART, LLP
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3909 CIVIL 1999
Matthew L. Owens, Esquire
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
100 Pine Street - 41" Floor
P.O. Box 803
Harrisburg, PA 17108-0803
NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in
the above captioned matter will meet for the purpose of their appointment Wednesday, October 18,
2000, beginning at 1:30 p.m. in the Law Offices of MARTSON DEARDORFF WILLIAMS &
OTTO, 10 East High Street, Carlisle, Pennsylvania 17013, at which time and place you may
appear and be heard, together with your witnesses and counsel, if you so desire.
DATED: October 2, 2000
No V. Otto, III, Esquire, Chairman
Barry Alan Kronthal, Esquire, Arbitrator
Anthony E. Marron, Esquire, Arbitrator
cc: Court Administrator's Office
CHRISTINA M. GALVIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3909 CIVIL 19 99
V.
THE CHRYSLER CORPORATION,
Defendant
RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Michael J. O' Connor , counsel for the plaintiff/ilifiW Ilan the above action (or actions),
respectfully represents that:
I. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ 21 , 000
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
Er€s,
Matthew L. Owens, Esquire, Marshall Dennehey Warner Coleman & Goggin, 100 Pine S-
4th Floor, P.O. Box 803, Harrisburg, PA 17108-0803
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW, in consideration of the
nn v
foregoing petition, ?l tV Esq.,
Esq., and 'Lfi???Esq., are appointed arbitrators in a above captioned action (or
actions) as prayed for.
Byt Ci rt
P.J.
(L ? a
Or
00 AUG -8 Prl 3:78
cutis?r, n,,? cuu?rY
PENNSYLVANIA
c
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
BY: James s W. Stevens, Esquire
Attorney I.D. No.: 40534
1845 Walnut Street
Philadelphia, PA 19103
215-575-2684
Attorney for Defendant,
DaimlerChrysler Corporation
CHRISTINA M. GALVIN
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
THE CHRYSLER CORPORATION
NO. 99-3909
TOTHEPROTHONOTARY:
Kindly enter my appearance on behalf of DaimlerChrysler Corporation, in the above-
captioned matter.
MARSHALL,
, WARNER,
BY:
JAMES'
Attorney
ti
cr
c
C
L:
O m
cn U
vo o- arty r6ntha(975-814 -rn-'?age1
From: Marcia Compton
To: No Otto
Date: Monday, October 09, 2000 11:19 AM
Caller: Barry Kronthal
Phone: 975-8114
['] Telephoned (`] Please call
[ ] Will call again [ j Returned your call
[ ] Wants to see you [ J Came to see you
[ ] Urgent
Barry is to be in an arbitration with you. He will be unable to do so due to a conflict of interest. One of the
parties is a client of his firm.
p.
?:r1
From: Marcia Compton
To: Jacky Decker
Date: 1015/00 8:19AM
Caller: Matt Owens
Phone: 232-9324
['] Telephoned
[ ] Will call again
[ ] Wants to see you
[ ] Urgent
['] Please call
[ ] Returned your call
[ ] Came to see you
Voice Mail: Wed., 5:04 pm
ewaesreta led Oct. 18 for him. She didn't have access to his calendar at that time.
Oct. 18 is not going to work. tt will be out of the state that day and the following day. The only day
a is accep a rthis point is Nov. 15.
Z-
JOI IN D. KILLIAN
SMITH U. GEPHART
n10MAS W. SCOTT
JANE GOWFN PINNY
TERRENCEJ MCGOWAN
PAULA J. MCDERMOTF
1. PAUL IIELVY
MICHAEL J. O'CONNOR
IU ATIER M. FAUST
THE LAW FIRM OF
KILLIAN & GEPHART, LLP
218 PINE STREET
P. O. BOX 886
HARRISBURG, PENNSYLVANIA 17108.0886
TELEPHONE (717) 232-1851
FAX NO. (717) 238-0592
www.killiangephart.com
September 7, 2000
No V. Otto, III, Esquire
10 East High Street
Carlisle, PA 17013
Re: Galvin v. Chrysler Corporation
Civil Action No. 99-3909; Cumberland County
Dear Mr. Otto:
Please be advised that I represent Christina Galvin in a civil suit filed against Chrysler
Corporation. You have been appointed the Chairman of the Board of Arbitrators in this case.
I received a Notice appointing you as Chairman on August 9, 2000. Please advise when the
arbitration hearing will be scheduled in this case.
Thank you for your courtesy and attention to this matter. If you have any questions,
please do not hesitate to contact me at your convenience.
Very / truly yours,
(? U\
Michae J. O'Connor
MJO/mbl
cc: Christina Galvin
CHRISTINA M. GALVIN IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO.99-3909 CIVIL TERM
THE CHRYSLER CORPORATION
REQUEST FOR ARBITRATION
AMENDED ORDER OF COURT
AND NOW, October 20, 2000, the caption of the Order of Court of October
10, 2000, to No. 99-479 Civil Term (Hempt Bros. v. Hutchison) shall be amended to
reflect the above caption. The Court having been informed by Barry Kronthal,
Esquire that he is unable to serve on the arbitration panel for the above-captioned
matter, his appointment is vacated and Mark Duffie, Esquire is appointed in his
stead.
By the Court,
Ge r E. Hoffer, P.J.
No Otto III, Esquire
Chairman
Barry Kronthal, Esquire
Mark Duffle, Esquire
Anthony Marrone, Esquire
Court Administrator
i
C?' 200
LAW OFFICES OF
MILLER & ASSOCIATES, PC
1822 MARKET STREET • CAMP HILL, PA 17011
William E. Miller, Jr. TEL: (717) 737-9210 • FAX: (717) 737-9215
Anthony E. Marrone Direct Dial Number:
2 November 2000
Honorable George E. Hoffer
President Judge
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Re: Hempt Bros., Inc. v. James Hutchinson,
t/d/b/a Hutch Construction
No. 99-479 Civil Term
Request for Arbitration
Dear Judge Hoffer:
(717) 737-9212
I am in receipt of your enclosed Order, dated 10 October 2000, appointing Mark Duffle,
Esquire, to the arbitration panel in the above-referenced matter. This Order was the first notice I
received that I was also a panel member. I have not yet been advised of a hearing scheduled for
that matter.
I hereby request that you vacate my appointment to the panel for personal reasons. In
addition, pursuant to Cumberland County Rules of Procedure 1302-1, I further request that my
name permanently be removed from the list of arbitrators.
If you have any questions regarding this matter, please do not hesitate to contact me.
Thank you for your cooperation in this matter.
Very truly yours,
MILLE(?R& ASSOCIATES, PC
By (? ? VV1ttlVto 2
Anthony E. Marrone
cc: No V. Otto, III, Chairman
& iECcI\/FCC
1.1 0 V 0 Z 2000
P, AF)VVr
HEMPT BROS. C. : IN Tl URT OF COMMON PLEAS OF
V C ERLAND COUNTY, PENNSYLVANIA
JAMES HUTCHISON,
HUTCH CONSTRUCI
NO.99-479 CIVIL TERM
REQUEST FOR ARBITRATION
ORDER OF COURT
AND NOW, October 10, 2000, the Court having been informed by Barry
Kronthal, Esquire that he is unable to serve on the arbitration panel for the above-
captioned matter, his appointment is vacated and Mark Duffle, Esquire is appointed
in his stead.
By the
r, P.J.
No Otto III, Esquire
Chairman
Barry Kronthal, Esquire
Mark Duffle, Esquire
Anthony Marrone, Esquire
Court Administrator
From: No Otto
To: Jacky Decker
Date: 10/20/00 6:31 AM
Subject: Re: Galvin - Chrysler Corp. Arbitration
Mark Duffle
>>> Jacky Decker 10/19/00 5:59 PM >>>
Carol from Atty. Kronthal's office called to confirm he was removed from the panel. I told we hadn't
received notice from the Judge. Carol called back and confirmed with the Judge's secretary Atty.
Kronthal was removed.
The question I have (unless you told me and I forgot) have we gotten notice for a replacement; if so, who
should I contact to confirm their availability for that date; I also need to revise the notice with their name.
Thanks.
LAW OFFICES
MARSHALL, DENNEHEY, WARNER
BETHLEHEM. PENNSYLVANIA
(610) 807-040
COLEMAN
GOGGN SCRANTON, PENNSYLVANIA
FAX: (610) 807.4368
v
8 (570)542.1999
FAX: (570) 3424999
DOYLESTOWN, PENNSYLVANIA WILLIAMSPORT, PENNSYLVANIA
(215) 348.1611 A PROFESSIONAL CORPORATION (570) 326.9091
FAX: (215) 3485439 FAX: (570) 3265507
ERIE, PENNSYLVANIA 100 PINE SIREEI, 4TH FLOOR CHERRY HILL, NEW JERSEY
(814) 461.7800 P.D. BOX 803 (856) 414-6000
FAX: (814) 461.7818 HARRISBURG, PENNSYLVANIA 171080603 FAX: (856) 414-6077
(717) 232-1021
NEWTOWN SQUARE, PENNSYLVANIA CABLE ADDRESS-
MARSHALL LIVINGSTON. NEW JERSEY
(610)355.7420 FA%: (717) 232-1849 B/9 -1849 (973) 597.5552
FAY, (610)355.7444 Web Sim:
.w.mn,h.IHe,:,KkYCan FAX (973) 597.5555
NORRISTOWN. PENNSYLVANIA WILMINGTON. DELAWARE
(610) 2924440 (302) 5524300
FAX: (610) 292-0410 FAX: (302) 651.7905
PHILADELPHIA, PENNSYLVANIA WEIRTON. WEST VIROINIA
(215) 575.2600 (304) 748.7400
FAX: (215) 575-0856 Direct Dial FAX: (304) 7484620
PITTSBURGH, PENNSYLVANIA
717
9
232 STEUBENVILLE OHIO
(412) 803.1140 -
-
324 1740) 282.6705
FAX: (412) 803.1188 FAX: (740) 282.8667
TAMPA. FLORIDA
(813) 472.7800
FAX: (813) 4727811
November 13, 2000
VIA FAX AND REGULAR MAIL
No V. Otto, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
Mark Duffle, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Anthony E. Marrone, Esquire
600 North 12th Street
Lemoyne, PA 17043
RE: Christina M. Galvin v. DaimlerChrvsler Corporation
Cumberland County, PA; No. 99-309
Our File No. 03043-00785
Dear Counsel:
Enclosed please find the Defendant's Arbitration Memorandum of Law for the above-
captioned matter which is scheduled for arbitration for Wednesday, November 15, 2000. The
parties are discussing potential settlement and will notify you if we reach a settlement.
November 13, 2000
Page 2
Unfortunately, Defendant's only witness, expert Vernon Smith, is attached for a trial in
New Jersey this week and therefore will be unable to testify at the arbitration hearing. Therefore,
I am requesting a continuance. I have discussed this request with Michael O'Connor, Plaintiffs
counsel, and he concurs in the request, although the same may be moot if we amicably resolve
the case by the end of today or tomorrow.
Both parties would appreciate notification of additional dates to reschedule this
arbitration. We will, of course, let you know if we are able to settle this case as soon as possible.
Your attention is appreciated.
Very truly yours,
MATTHEW L. OWENS
MLO/acs
enc.
NOV-13-2000 17:09 FROM MARSHALL, DENNEHEY H13G. TO 405415000450000112431 P.01
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN
ATTORNEYS AT LAW
100 Pine Street, Fourth Floor, P.O. Box 803, Harrisburg, PA 17108-0803
FACSIMILE TRANSMYSSTON SHEET
TO: No Otto, Esquire
COMPANY: TELEPHONE NO:
FAX NUMBER(S):243-1850 ORIGINATOR:
ATTORNEY NAME: Matthew L. Owens NUMBER:
OUR FILE #: 0304300785 DATE: 11/13/00
NUMBER OF PAGES: (including cover letter)
IF COPY IS ILLEGIBLE OR INCOMPLETE
PLEASE CALL (717) 132-1022IMMEDL9 TELYFOR
RETRANSMISSION
OUR FAX NUMBER IS:
(717) 232-1849
(this space to be used for shon or supplensental messages)
***CONFIDENTIALITY NOTICE***
The documents accompanying this telecopy transmission contain information from the law firm of Marshall,
Dennebey, Warner, Coleman & Goggin which is confidential and/or legally privileged. This information is
Intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended
recipient, you ate hereby notified that you should refrain from reading the contents of the transmission, that any
disclosure, copying, distribution or the taking of any action in reliance on the contents of this telccopied
and that the documents should be returned to this Firm immediately. In this
information is strictly prohibited
,
regard, if you have received this telecopy in error, please notify us by telephone immediately so that we may
arrange for the return of the original documents to us.
NOU-13-2000 17:10 FROM MARSHALL, DENNEHEY HBG. TO 405t215000450000522431 P
.02
LAW OFFICES
6E MARSHALL, DENNEHEY
WARNER
T)aF3fJDL PINNSYLVANIA ,
0) aomj
(mol 7.4m
FAX (610) COLEMAN 8 GOGGIN s`"""10N'?17XA171A
*M
(3R
OOW29rOWN. PINNMVANTA v FAX: (570) 3414990
F (UP 3316.111 A PRO"MIONAL OORIVRA710N Ga22AL(SPOR7, PWI4YLVAMA
(370) 3264001
EM PFNNsnVANIA 100 PINE STREET: 47H FLOOR FAX (370) 326-SW
(614) 461.7600
FAX (614) 461-7616 Ba BOX 6123
HANRI66URo. P04KMVANM 17106060) CMM WIL. NEWISIUM
(656) 414.6000
NEWTOWN SQUAR4 PTOMMVAMA (717) 2321022 FAX 1856) 4"77
(610) 335.7420
FAX (610) 335.7444 CABLE ADDRESS - E(ARSHALL
FAX (t7) 232.160 UVNOF7O1(, NEW M-"Y
(9731 M.3352
NORRISTGNN, FIN45Y2VANIA 946 Sire`4Oi f <® FAX, (973) 597.5553
(610) 202440
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FAX (21S) 5750656 WERMN WEST V0(MM
001) 7467400
1TnVIR RCN, PV4KMVAMA Direct Dial FAX0607460620
(412) da3n16
FAX (412) 6031166 717-232-9324 STET-WNV= 0200
(70) HUM
FAX 040) 262.6667
TAIRA, nowDA
COD) 472-M
FAX (613) 472.7821
November 13, 2000
VIA FAX AND REG n-AR e5>
No V. Otto, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
Mark Duffle, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Anthony E. Marron, Esquire
600 North 12th Street
Lemoyne, PA 17043
RE: Christina M. Galvin v. DaimleSChrysler Corporation
Cumberland County, PA; No. 99-309
Our File No. 03043-00785
Dear Counsel:
Enclosed please find the Defendant's Arbitration Memorandum of Law for the above-
captioned matter which is scheduled for arbitration for Wednesday, November 15, 2000. The
parties are discussing potential settlement and will notify you if we reach a settlement.
NOV-13-2000 17:10 FROM MARSHALL, DENNEHEY HBG. TO 405415000#50000#2431 P.03
November 13, 2000
Page 2
Unfortunately, Defendant's only witness, expert Vernon Smith, is attached for a trial in
New Jersey this week and therefore will be unable to testify at the arbitration hearing. Therefore,
I am requesting a continuance. 1 have discussed this request with Michael O'Connor, Plaintiffs
counsel, and he concurs in the request, although the same may be moot if we amicably resolve
the case by the end of today or tomorrow.
Both parties would appreciate notification of additional dates to reschedule this
arbitration. We wiU, of course, let you know if we are able to settle this case as soon as possible.
Your attention is appreciated.
Very truly yours,
MATTHEW L. OWENS
MIA/acs
enc.
NOU-13-2000 17:10 FROM MARSHRLL,DENNEHEY HSG. TO 405#15000450000#2431 P.04
CHRISTINA M. GALVIN, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
THE CHRYSLER CORPORATION, : NO. 99-3909 Civil
Defendant
DEFENDANT. DAMILERCHRYSLER CORPORATION'S
ARBITRATION MEMORANDUM OF L
1. STATEMENT OF FACTS
On or about August 20,1999, Plaintiff filed a complaint against the Defendant for
violation of the Magnuson-Moss Warranty Act (MMWA), 15 U.S.C. §2301 et sen., the
Pennsylvania Uniform Commercial Code (UCC), 13 P.S. §1101 et sea., and the Pennsylvania
Unfair Trade Practices and Consumer Protection Law (UTPCPL), 73 P.S. §201-1 et sec. as a
result of the purchase and operation of a 1997 Jeep Wrangler.
H. LEGAL ARGUMENT
A. Magnuson-Moss Warranty Act (MMWA) and
Uniform Commercial Code (UCC)
The MMWA statute provides a cause of action to an injured consumer when a warrantor
fails to comply with a written or implied warranty. 15 U.S.C. § 2310(d)(1). It also disallows a
limitation on implied warrantees with the exception of limiting any implied warranties to the
duration of any express written warranty, 15 U.S.C. §2308(b), which DaimlerChrysler's
warranty does. Note, however, that express warranties do not cover repairs made after the
applicable warranty period has expired, therefore any latent defects arising after the warranty
NOV-13-2000 17:11 FROM MARSHALL, DENNEHEY HBO. TO 405#15000450000#2431 P.05
term are not actionable. Duquesne Light Co. v Wes inahme Elm Coa2 66 F.3' 604 (P Cir.
1995)
1. Breach of Warranty
To prevail on a claim of breach of warranty, the plaintiff must show that the defendant
breached an implied or written warranty and that the defendant was afforded a reasonable
opportunity to remedy the defect pursuant to its warranty obligations. Kwr g v. Chevrolet Motor
Div. 1997 U.S.Dist, Lexis 10398 (E.D.Pa. 1997), No. CIV.A.96-1474. Defendant's express
warranty is a three year, 36,000 mile limited warranty. It covers the costs of all parts and labor
needed to repair or adjust any of the supplied items that proves defective in material,
workmanship or factory preparation. DaimlerChrysler Corporation paid for all the repairs
covered under its written warranty and all conditions complained of by the plaintiff have been
repaired within a normal number of attempts. Moreover, DaimlerChrysler Corp, spent a
significant amount of "good will" repair money paying the servicing dealership for repairs made
after the warranty expired.
2. Damages
In breach of warranty cases, the standard measure of damages is as follows:
MEASURE OF DAMAGES FOR BREACH OF WARRANTY. --The measure of
damages for breach of warranty is the difference at the time and place of
acceptance between the value of the goods accepted and the value they would
have had if they had been as warranted, unless special circumstances show
proximate damages of a different amount.
13 Pa.Cons.Stat. §2714(b), See also. Kruger v Subaru of America. Inc., 996 F.Supp. 451, 455
(1998); Ford v. Chrysler Corporation at 8; AM/PM Franchise Assn. v. Atlantic Richfield Co.,
584 A.2d 915, 920 (Pa. 1990).
NOV-13-2000 17:11 FROM MARSHALL, DENNEHEY HBG. TO 405415000450000#2431 P.06
"The difference between the value 'as is' and 'as warranted' can be measured by the cost
of repair." Kruse v. Chevrolet Motor Div at 5. See also Pomoa v Hart, 15 Pa. D.& C.4's 119,
124 (1992). As in Kruse and the instant matter, the Plaintiff did not pay for any of the cost of
repair. There is no difference between the value as warranted and as is. There is no evidence to
suggest that the vehicle had a defect and therefore, there is no evidence support a claim of a
difference in value from the vehicle as warranted and as received by the plaintiff. Therefore,
the Plaintiff has failed to produce the necessary evidence to show he suffered damages.
The plaintiff will argue that an expert is not needed to demonstrate a decrease in value.
However, the plaintiff should not be allowed to submit "his own unsubstantiated, subjective
determination of the damages... To allow such a measure of damages would be contrary to the
requirement that damages not be speculative." Ford v. Chrysler Corporation 1996 U.S.Dist.
LEMS 9073, CIV.A. No. 95-4143 at 11-12. The "Plaintiff has a duty and burden to establish by
proper testimony the damages which he claims to have sustained..." Natile Bros. Towing v
Murray Ford 41 D. & C. 3d 224,228 (1985).
C. Unfair Trade Practices and Consumer Protection Law (UTPCPL)
I. Purpose of the Law
The purpose of the UTPCPL is to protect the public from unfair or deceptive business
practices. Pirozzi v. Penske Olds-Cadillac•GMC Inc 605 A.2d 373 (Pa. 1992). The underlying
foundation of the Act is to prevent fraud. Com. By Creamer v. Monumental Properties Inc,, 329
A.2d 812 (Pa.Cmwlth. 1974). In the present action, there is no evidence to suggest that the
actions of DaimlerChrysler Corporation or its authorized dealers performed unfair or deceptive
business practices or were fraudulent in its actions concerning the plaintiff.
NOV-13-2000 17!11 FROM MARSHALL. DENNEHEY HBG. TO 405415000#5000092431 P.07
2. Violations
A violation of this law can only be found if defendant purposely and wrongfully failed to
comply with the tests of a written guarantee or warranty given to the buyer at, prior to, or after a
contract for the purchase of goods or services is made. 73 P.S. 201-2 (Only malfeasance, improper
performance of contractual obligation, raises cause of action under Pennsylvania Unfair Trade
Practices and Consumer Protection Law.) Horowitz v Federal Ke_muer Life Astu Co., 57 Fad
300 (3rd. Cir. 1995); (Nonfeasance is insufficient for a claim under Pennsylvania's UTPCPL.) L;g
v State Farm Mutual Auto Ins Co., 939 F. Supp. 1186 (E.D. Pa. 1996). Therefore, it must be found
that more than just the warranty was breached, it must be found that DaimlerChrysler Corporation
intentionally failed to comply with their warranty.
Not only has the warranty not been breached, there is no evidence that DaimlerChrysler
Corporation intentionally failed to comply with its warranty.
3. Damages
Under the UTPCPL, damages are limited to actual damages or $100.00, whichever is
greater. 73 Pa. Cons.Stat.Ann. § 201-9.2(a) (emphasis added). The plaintiff must produce proof
that he or she suffered actual damages from the alleged breach or he or she is not entitled to
recover. Kruse v. Chevrolet Motor Div. 1997 U.S.Dist. Lexis 10398 (E.D.Pa. 1997), No.
CIV.A.96-1474, at 6. If actual damages are not proven, then the plaintiffs recovery under this
act is limited to $100.00.
The court may also, in its discretion, award three (3) times the actual damage sustained.
Id. However, treble damages are essentially punitive in nature. Johnson V. Hyundai Motor Am
698 A.2d 631, 639 (Pa-Super. 1997) aun'l denied 712 A.2d 286 (Pa. 1998). Although the
UTPCPL does not require "outrageous conduct", before imposing treble damages, courts should
NOV-13-2000 17:12 FROM MARSHALL. DENNEHEY HBG. TO 405415000#50000#2431 P.08
follow the general principals of law governing punitive damages when exercising discretion
under the UTPCPL. id. at 639. See so: Smith v. Chrysler Motors CoMgration 1990 WL 65700
(E.D.Pa.) CIV.A.No. 89-2898 at 5 (treble damages provision of the UTPCPL is essentially akin
to an award of punitive damages). As such, the law of Pennsylvania holds that punitive damages
are not recoverable in solely contract actions. Idd, at 639 citing Thorsen v. Iron and Glass Bank
476 A.2d 928, 932 (Pa.Super. 1984). Punitive damages are used "to punish outrageous and
egregious conduct done in reckless disregard of another's rights" Johnson v. Hyundai Motor Am.
at 639. citing SHV Coal. Inc. v. Continental Grain Co. 587 A.2d 702, 704 (Pa.Super.1991).
"Conduct is outrageous if made with a bad motive or with reckless indifference to the interest of
others." Smith v. Chrysler Motors Corporation at 5. In following these principals, courts should
find that a defendant has acted with outrageous and egregious conduct before awarding treble
damages. Johnson v. Hyundai Motor Am. at 639-640. There is no evidence in the record that the
defendant has acted with outrageous or egregious conduct or has acted in reckless disregard of
another's rights and therefore the Plaintiff is not entitled to treble damages.
Aside from there being no breach of warranty, there are no actual damages. The
plaintiffs did not pay for repairs to the vehicle. There is no economic loss. Furthermore, as it
cannot even be shown that a breach occurred, it most definitely cannot be shown that
DaimlerChrysler Corporation intentionally failed to comply with its warranty or acted with
outrageous conduct.
NOV-13-2000 17:12 FROM MARSHALL, DENNEHEY HBO.
TO 405p15000p5000042431 P. 0g
III. CONCLU ION
WHEREFORE, Defendant respectfully requests that Judgment be entered in its favor and
against the Plaintiff.
IVARSHALL, DENNEEZy, WARNER,
'COLEMAN AND GOGGIN
BY:
MAITFIEW L. OWENS, SQUIRE
LD. NO. 76080
100 Pine Street, 4th Floor
P.U. Box 803
Harrisburg, pA 17108-0803
(717) 232-9324
DATE : I11 //01 00
105 ALLIABXMLOlLLP0160865MCS103043100785
Attorneys for Defendant,
DaimlerChrysler Corporation
6
NOV-13-2000 17 12 FROM MARSHALL, DENNEHEY HBO. TO 405015000145000042431 P.10
CHRISTINA M. GALVIN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
THE CHRYSLER CORPORATION, : NO. 99-3909 Civil
Defendant
CERTIFICATE OF SERVICE
1, Angela Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on this IN46day of November, 2000, I served a copy of the foregoing
document via FAX and First Class United States mail, postage prepaid as follows:
Michael O'Connor, Esquire
KILLIAN & GEPHART
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
No V. Otto, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
Mark Duffle, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Anthony E. Marron, Esquire
600 North 12th Street
Lemoyne, PA 17043
Angela Sanger
TOTAL P.10
CHRISTINA M. GALVIN
V.
THE CHRYSLER CORPORATION
REQUEST FOR ARBITRATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.99-3909 CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, October 20, 2000, the caption of the Order of Court of October
10, 2000, to No. 99-479 Civil Term (Hempt Bros. v. Hutchison) shall be amended to
reflect the above caption. The Court having been informed by Barry Kronthal,
Esquire that he is unable to serve on the arbitration panel for the above-captioned
matter, his appointment is vacated and Mark Duffle, Esquire is appointed in his
stead.
No Otto III, Esquire
Chairman
Barry Kronthal, Esquire
Mark Duffle, Esquire
Anthony Marrone, Esquire
Court Administrator
By the Court,
lb*00-)
Ge r E. Hoffer, Q P.J.
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RKs
i
4
ORIGINAL
I
CHRISTINA M. GALVIN : IN THE COURT OF COMMON PLEAS OF
510 Peppercorn Square : CUMBERLAND COUNTY, PENNSYLVANIA
Enola, PA 17025
v. NO. 99-3909
THE CHRYSLER CORPORATION
c/o CT Corporation
1635 Market Street CIVIL ACTION-LAW
Philadelphia, PA 19103
PRAECIPE TO SETTLE
DISCONTINUE AND END
TO: THE PROTHONOTARY
Kindly mark the above-captioned matter settled and discontinued.
Respectfully submitted,
14,0 6,
Michael J. O'Connor, Esquire
Killian & Gephart
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorney I. D. #76127
Dated: July L3 , 2001
Attorneys for Plaintiff
Chrit4wa - Nk' 61 11 .1
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In The Court of Common Pleas of
Oberland County, Pennsylvania
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OATH
We do solemnly swear (or affirm) that we will support. of
the Constitution of the United States and the Constitution of
wealth and that we will discharge the duties of ?our offs
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and defend
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AWARD
Arbitrator, dissents.
applicable.)
Date of Hearing:
Date of Award:
NOTICE OF ENTRY OF AWARD
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Now, the /Jf4 day of Nr at ^ ?LY ' M., the above
Vv 1 to the
award was entered upon the ocket and notice thereof gives y Mai
parties or their attorneys.
Arbitrators' compensation to be thon a
paid upon appeal: /
$ Hy: CY/cam ?`
Deputy
we, the undersigned arbitrators, having bees duly appointed and sworn
(or :affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
--ar.ly stated.)
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