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HomeMy WebLinkAbout99-04664 3J n N L v -v Q V V 1 t 7100.0888 RALPH E. SENTZ 1204 Allen Street New Cumberland, PA 17070 V. GENERAL MOTORS, INC. c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - /W-Ly CIVIL ACTION-LAW NOTICE TO DEFEND C1U 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 RALPH E. SENTZ 1204 Allen Street New Cumberland, PA 17070 V. GENERAL MOTORS, INC. c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99• yLGY &Li e 7x_w CIVIL ACTION-LAW COMPLAINT 1. Plaintiff, Ralph E. Sentz, is an adult, individual citizen and legal resident of the Commonwealth of Pennsylvania, residing at 1204 Allen Street, New Cumberland, Pennsylvania 17070. 2. Defendant, General Motors, Inc., 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. On or about October 25, 1996, Plaintiff purchased a new 1997 Cadillac DeVille, manufactured and warranted by Defendant, bearing the Vehicle Identification Number 1GGKD52Y7VU210000. The vehicle was purchased and is 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, totaled more than $38,335. A true and correct copy of the Sales Agreement is attached hereto, made a part hereof and marked as Exhibit "A." 5. Plaintiff avers that as a result of the ineffective repair attempts made by Defendant General Motors 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. COUNT I LEMON LAW 7. Plaintiff hereby incorporates paragraphs 1 through 6 inclusive as if set forth fully below. 8. Plaintiff, Ralph E. Sentz, is a "Purchaser" as defined by 73 Pa. C.S.A. §1952. 9. Defendant is a "Manufacturer" as defined by 73 Pa. C.S.A. §1952. 10. Brenner Motors, Inc. is and/or was at the time of sale a Motor Vehicle Dealer in the business of buying, selling, and/or exchanging vehicles as defined by 73 Pa. C.S.A. §1952. 11. On or about October 25, 1996, Plaintiff took possession of the above mentioned vehicle and experienced non-conformities 2 as defined by 73 Pa. C.S.A. §1951 et seq., which substantially impair the use, value and/or safety of the vehicle. 12. The non-conformities described violate the express written warranties issued to Plaintiff by Defendant. 13. Section 1955 of the Act provides: If a manufacturer fails to repair or correct a non-conformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle... or accept return of the vehicle from the purchaser, and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchasers use of the vehicle, not exceeding $.10 per mile driven or 10k of the purchase price of the vehicle, whichever is less. 14. Section 1956 provides a presumption of a reasonable number of repair attempts if the subject vehicle: (1) °... has been subject to repair three times by the manufacturer, its agents or authorized dealers and the non-conformity still exists ...or (2) ... is out of service by reason of any non-conformity for a cumulative total of thirty of more calendar days. 11 15. Plaintiff has satisfied the above definition as his vehicle has been subject to repair more than three (3) times for the same non-conformity, and the non-conformity remains uncorrected. 16. In addition, the above vehicle has or will be out-of- service by reason of the non-conformities complained of for a cumulative total of thirty (30) days or more. 3 17. Plaintiff has delivered the non-conforming vehicle to an authorized service and repair facility of the manufacturer on numerous occasions. After a reasonable number of attempts, the manufacturer was unable to repair the non-conformities. 18. The first warranty repair attempt is believed to have occurred on October 24, 1996, when the vehicle's odometer read 40 miles. on that date, an attempt was made to repair a scratch on the rear glass. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "B." 19. The second warranty repair attempt is believed to have occurred on November 8, 1996, when the vehicle's odometer showed 703 miles. On that date, a repair attempt was made to fix the right sun visor. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "C." 20. The third warranty repair attempt is believed to have occurred on February 12, 1997, when the vehicle's odometer showed 3,958 miles. On that date, a repair attempt was made to remedy an oil leak, which required the oil filter to be tightened and the undercarriage of the car to be cleaned. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit I'D." 21. The fourth warranty repair attempt is believed to have occurred on March 18, 1997, when the vehicle's odometer showed 4,940 miles. On that date, a repair attempt was made to remedy a problem with the left rear window. Also on that date, a repair 4 attempt was made to remedy a problem with the vehicle's battery, which required tightening of the ground cable. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "E." 22. The fifth warranty repair attempt is believed to have occurred on April 10, 1997, when the vehicle's odometer read 5,771 miles. On that date, a repair attempt was made per manufacturer's product recall 96-0-60, and to install a gold emblem. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "F." 23. The sixth warranty repair attempt is believed to have occurred on May 27, 1997, when the vehicle's odometer showed 7,436 miles. On that date, a repair attempt was made to remedy an odor of burning rubber, which came from the vehicle and, also, to replace a module per recall 97-0-20. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "G." 24. The seventh warranty repair attempt is believed to have occurred on September 22, 1997, when the vehicle's odometer read 9,990 miles. On that date, a repair attempt was made to the driver's side seat track, which required it to be lubed. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "H." 25. The eighth warranty repair attempt is believed to have occurred on November 8, 1997, when the vehicle's odometer showed 5 12,162 miles. On that date, a repair attempt was made to remedy a leak in the water pump vent hole, which required the water pump assembly to be replaced. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit It i.If 26. The ninth warranty repair attempt is believed to have occurred on December 13, 1997, when the vehicle's odometer showed 13,207 miles. On that date, a repair attempt was made to remedy the passenger side headlight, which contained moisture. Additionally, Plaintiff complained of vibration when braking, for which no repair attempt was made. Also on that date, a repair attempt was made to remedy the driver's side door, which was sticking. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "J." 27. The tenth warranty repair attempt is believed to have occurred on December 18, 1997, when the vehicle's odometer showed 13,469 miles. On that date, a repair attempt was made to remedy the vehicle's brakes, which required the installation of two new rotors. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "K." 28. The eleventh warranty repair attempt is believed to have occurred on March 3, 1998, when the vehicle's odometer read 15,299 miles. On that date, a repair attempt was made to remedy a noise heard when the vehicle was in reverse. This required Brenner Motors to tighten and lube the front suspension. A true 6 and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "L. I' 29. The twelfth warranty repair attempt is believed to have occurred on April 10, 1998, when the vehicle's odometer showed 16,690 miles. On that date, a repair attempt was made to remedy the driver's side headlight, which contained moisture. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "M." 30. The thirteenth warranty repair attempt is believed to have occurred on April 16, 1998, when the vehicle's odometer showed 16,842 miles. On that date, a repair attempt was made to remedy a noise, which was coming from the front wheels. This required Brenner Motors to replace the speed valve, which was making noise. Also on that date, a repair attempt was made to remedy the driver's seat, which was loose due to faulty seat tracks. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit 'IN." 31. The fourteenth warranty repair attempt is believed to have occurred on May 28, 1998, when the vehicle's odometer read 18,714 miles. On that date, a repair attempt was made to remedy a faulty fuel gauge, which required it to be replaced. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit 110." 32. The fifteenth warranty repair attempt is believed to have occurred on June 29, 1998, when the vehicle's odometer 7 showed 19,506 miles. On that date, a repair attempt was made to remedy the vehicle's battery. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "P." 33. The sixteenth warranty repair attempt is believed to have occurred on August 21, 1998, when the vehicle's odometer read 20,948 miles. On that date, a repair attempt was made to remedy the vehicle's #1 remote unit, which required it to be replaced and reprogrammed. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit „Q., 34. The seventeenth warranty repair attempt is believed to have occurred on October 21, 1998, when the vehicle's odometer showed 23,068 miles. On that date, a repair attempt was again made to remedy a noise heard when the car was in reverse. This required Brenner Motors to replace the front stabilizer links. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "R." 35. The eighteenth warranty repair attempt is believed to have occurred on December 21, 1998, when the vehicle's odometer read 25,030 miles. On that date, a repair attempt was again made to remedy a coolant leak, which required the water pump to be replaced. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit "S." 8 36. The nineteenth warranty repair attempt is believed to have occurred on January 14, 1999, when the vehicle's odometer showed 25,818 miles. On that date, a repair attempt was made to remedy an oil leak coming from the vehicle's engine. This required Brenner Motors to repair and reinstall the transaxle, replace the high pressure steering hose and reseal the lower crankcase. A true and correct copy of the repair invoice is attached hereto, made a part hereof and marked Exhibit ''T. 1' 37. 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. 38. 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 sec. 39. Plaintiff further avers he has resorted to General Motor's Arbitration process (BBB Auto Line) prior to filing the within Complaint as required by 73 Pa. C.S.A. §1959. A true and correct copy of the BBB decision is attached hereto, made a part hereof and marked as Exhibit "U." 40. Pursuant to 73 Pa. C.S.A. 91958, 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. 9 WHEREFORE, Plaintiff respectfully demands judgment in his 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 MAGNUSON-MOSS CLAIM 41. Plaintiff hereby incorporates paragraphs 1 through 40 by reference as if set forth at length herein. 42. Plaintiff is a "Consumer" as defined by 15 U.S.C. §2301(3). 43. Defendant is a "Warrantor" as defined by 15 U.S.C. §2301(5). 44. 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. 45. 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. 46. As a direct and proximate result of Defendant's failure to comply with the express written warranties, Plaintiff has suffered damages anal, 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. 47. Title 15 U.S.C. provides: 10 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. 48. 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 his 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 UNIFORM COMMERCIAL CODE 49. Plaintiff hereby incorporates paragraphs 1 through 48 by reference as if set forth at length herein. 50. The defects and non-conformities existing within the 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. 11 51. The purposes for which Plaintiff purchased this vehicle include, but are not limited to her personal, family and household use. 52. 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. 53. 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. 54. Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendant to honor its express and implied warranties. 55. 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. WHEREFORE, Plaintiff respectfully demands judgment in his favor and against Defendant, in an amount equal to the purchase price of the subject vehicle, plus all available collateral charges and attorney fees. 12 COUNT IV UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 56. Plaintiff hereby incorporates paragraphs 1 through 55 by reference as if set forth at length herein. 57. 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. 58. 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. 59. 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. 60. Section 201-9.2(a) of the Unfair Trade Practices and Consumer Protection Law, authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations of the Act. WHEREFORE, Plaintiff respectfully demands judgment in his favor and against Defendant in an amount equal to three (3) times 13 the purchase price of the subject vehicle, plus all available collateral charges and attorney fees. Respectfully submitted, KILLIAN & OEPHART Br dley/A. Sch r, Esqui torney I.D. 7 954 18 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: 7? ?c?-qCl Attorneys for Plaintiff 14 VERIFICATION I, Bradley A. Schutjer, hereby verify that I am the attorney for Plaintiff, Ralph E. Sentz. 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 18 Pa. C.S.A. §4904 relative to unsworn falsification to authorities. ?- n Br dley Schu je Esquire unsel for Plai iff nV- L tl-yz 1. TAX AND FEES MAKE OF VEHICLE VEHICLE IDENTIFICATION NUMHER(VIN)IF TRACING SJUV TV PE I SON, T K, MODEL YEAR PURCHASE _ REQUIRED, TAPE SECURELY TO REVERSE OF THIS COPY BUS. E W 1 PRICE U'li 1(;6YP,5'7Vf721000C ; 97 S T t MAV t.«,reeaae) 38335 0 GROSS VEHICLE WT DIN/MECHANIC • AUTHORIZED NOTARY PUBLIC OR CERTIFIED INSPECTION MECHANIC LESS RATING (PRINT NAME) TRADE IN FUEL r. 10335, It:wd, Math V, Y,.1w Imll abRlRM SMl1 HERE TAMABLE ?DIESEL ?ELECTRIC VacT, cxalat Ee.a RM IAN Mot Vw °p0`dMNUm AMOUNT 280A0.0 L LAST NAME TOR FULL BUSINESS NAME) FIRST NAME MIDDLE INITIAL DEALER ID NUMBER %0%1 M) SALES TAX Cam} D (IF APPLICABLE) %]x1071 PHIL.RES ' R (Sea PPM RR..) 1 (' CO-PURCHASER DATE ACQUIRED/ LEM TAX PURCHASED CREDIT 5?96 /96 ' 5 STREET _ CRY STATE ZIP I. 1204 ALLFiI =.r•.,: *T*'r arrt.:.r'->ir FA 17070 BALES TAX WE e 1680 L ?. NOTE: IF A CO-PURCHASER, OTHER THAN YOUR SPOUSE. IS LISTED ABOVE, CHECK ONE OF THESE BLOCKS IF NO BLOCK IS CHECKED, I&EP Tvtk RReim":^' , • -" TITLE WILL BE ISSUED AS "TENANTS IN COMMON'. Ccaa(RNet pea , JOINT TENANTS WITUPIGHT OF SURVNORSHR TENANTS IN COMMCN rMmOm f. Ib M X, 0 A ? IONDEATHOF ONE OWNER. TITLE GOES TO B ? (ON DEATHOFONEOWNER INTERESTOFOECEASED SURVIVING OWNER) 1B EXEMP OWNER GOES TO HIS OR HER HEIRS OR ESTATE.( NOTE: IF THE VEHICLE IS BEING LEASED, CHECK THIS BLOCK [:1 . IF CLOCK IS CHECKED, COMPLETE AND ATTACH FORM Mv-IL; -rsx n_.. - ..?.;r (J,a R MIL ?R N M IF T ? ODOMETER READING 2. y ERROR AND ACTUAL 99,999 REASONS OTNER HAN CALIBRATIO TITLE 1S MILEAGE IS UNKNOWN ?- F BE e e - VARNWO: AN INACCURATE ODOMETER STATEMENT MAY MAKE YOU LIABLE FOR DAMAGES TO YOUR TRANSFEREE PURSUANT TO §40M OF THE MOTOR VEHICLE INFORMATION AND COST TENTHS 3, LIEN SAVINGS ACT OF 1972. FEE a 1ST MEN DATE: (1 Q CIF NOUENOHECK? OAT E'. FNO UEN.CHECK? 2N2 { REGISTRATION OR IS7 UENHOLOER -1 . ph i in Tp-posi MT 2ND OER PROCESSING FEE A STREET Tx - 4110, ?F TREET Fee E..w NUeeer m° Irk m) Y STATE r ZIP CITY y STATE LP 2r WA,Na0 by tw Boaau. Iri - j R i S Yf' 17 T MAKE OF VEHICLE (' ^ VW: (..1 R -1 f MODEL YEAR Q S. DUPLICATE REG. FEE BODY TYPE(SM. BUS. TK, ETC.) T CONpIT10N OF VEHICLE ?QBO0 ?FAIR ?POOR NO.OF CARDS A. OOL? A I? L?AOUSINE? ? EUSBR? SEATING CAPACITY RUSER PASSENGER ?• N i? B' V TR A SR •K/I U BUS TRANSFER 5R ?SO TO ?OVEa 50 ESS?RY ?YES [-]NO HO ?1E SE EaG OR FEE [; R POWER 5 L MOTORCYCLE . M OR DRIVEN OPERABLE ?yES [f NO MA4SIGN SP EED [:]YES -]NO 1 7. S OTO 25 OR LE PEDALS N REASE W MOPED AUTOMATIC DESIGNED/ALTERED ?YES ?NO ?YES ?NO I C FEE N/A 4 FORROADUSE TRANSMISSION 5i MOTOR HOME CHASSIS MFR BODY MAKE: 8 REPLACEMENT Tx' NLIMBEROFAXLES RELZREGISTERED GROSS WT. (INCLUDING LOAD) FEE S r x BELpN,„'E SUMOF,'CvUMS y UNLADEN WT_(EMPr 9 ""wf qEO. REGISTERED GROSS COMBINATION WT GROSS COMBINATION WT RATING TRIICKvIRAGipRiyt TOTAL FPA (AGO I THRU BI IMPLEMENT O ; ? SELF-PROPELLED HOW AND WHERE IS VEHICLE USED? d Ov Cam' San T , NOT SELF-PROPELLED . hawX • TNS An 1b9S SPECW: MOBILE , MPH NLY b ? . ) O O EQUIPMENT: v-C G. ORIGINAL PLATE? CKeck Oro UF4 `'TER OF PREVIOUSLY ISSUED PLATE TRANSFER A RENEWAL OF PLATE ^ ? PLATE TO BE ISSUED BY FER OF PLATE B REPLACEMENT OF ? TRANSFER 6 REPLACEMENT OF PLATE ? TRANS ? BUREAU (PROOF OF INSURANCE ICKER MUST BE ATTACHED.) PLATE NO. REASON FOR REPLACEMENT -`-`, W83303; ? E=HANGE PLATE TO BE ? N ER AEC ' OST IN MAIL ISSUED BY BUREAU EXPIRES EV D (L LOST STOLEN DEFACED ) ? ? ? ? TEMPORARY PLATE Mwl^ 07 ear 7 NOTE: If "NEVER RECEIVED" block is checked. applicant must complete Form MV-44. ? ISSUED BY FULL AGENT TRANSFERRED FROM TITLE NO VIN $ 11 3 ('4C 2^. i 3 bait 751E5t 0?72053 d - PERSON FROM WHOM SIGN HE9E SIGNATURE RELATIONSHIP TO APPLICANT PLATE IS BEING TRANSFERRED (IF OTHER H A P ANT III I TEMP.PLATE NO. LIC T AN P ) INSURANCE COMPANY NAME. POLICY NO IOR ATTACH BINDER) POLICY EFFECTIVE POLICY EXPIRATION DATE 2290 GATE 02?22?F Ji " ?• ' 533?0C•?iF2231iI SiA.., e., I >A V r a.A. C:6FIr 25 I ESUING AGENT (PAINT NAME)) j" CauiklaC =rerr r GENT NO. _ / PP rTJCl-2. ISSUING I CERTIFY THAT ON MONTH DAY YEAR__ ., _ AGENT I PAVE CHECKED TO DETERMINE THAT THE VEHICLE IS INSURED AND ISSUED TEMPORARY REGISTRATION TO THE ABOVE APPLICANT, IN ISSUING AGENT SIGNATURE;' / TELEPHONE NO. INFORMATION ABLE PROVISIONS CF THE VEHICLE CODE L-''? %517230-2532 O AP ON R ME T ANO E I RE I a PA T N D UL G I/WE ACKNOWLEDGE THAT I/WE MAY LOSE MY/OUR OPEHAUNG PRIVILEGEIS) OR VEHICLE REGISTRATIONISI FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY ON THE H. CURRENTLY REGISTERED VEHICLE FOR THE PERIOD OF REGISTRATION. I/WE FUnTHEB ACKNOWLEDGE THAT I/WE MAY BE SUBJECT-M A FINE NOT EXCEEDING SS.000 AND IMPRISONMENT OF NOT MORE THAN TWO12) YEARS FOR ANY FALSE STATEMENT THAT I/WE MANE ON THIS FORM, AN01/WE CERTIFY THAT I/WE HAVE EXAMINED AND SIGNED THIS FORM AFTER ITS COMPLETION: AND, THAT. IF AN EXEMPTION FROM PAYMENT OF SALES TAX IS CLAIMED.I AM/WE ARE AUTHORIZED TO CLAIM THIS EXEMPTION. I/WE C FURTHER CERTIFY THAT ALL STATEMENTS HEREIN ARE TRUE AND CORRECT AND MAKE APPLICATION SUtlSCHIBED AND SWORN TO BEFORE ME MO 'pAY --YEAR '/ J FOR CERTIFICATE OF TITLE FOR THE VEHICLE DESCRIBED IN BLOCK A. S SIGNATURE OF WOTICUAL 09 AUTHORIZED SIGNER J71J6 SIGNATURE OF PERSON AD PNISTERING CATII J URE OF CO-GAINER/ TITLE OF UDIORIZED SIGNER S PLAINTIFFS _r. Dc Q E NE NO ( ) SIGN IN PRESENCE EXHIBIT t A r re91slmticn documents are not MESSENGER NUMBER: ? d within 60 days. please contact ot. enov 0 Y ... r......_-..-... -.... xi l' ?? N o'•'? o O ti ? :J.c My 4 1 - •r• ? ' r ?1ii, o? ]J w i r, J :s??l m ? o I o . f/1 i • V I _ I?? N a ?SC N Lf) LJ r ?/ w, cn C - - Cl) •o c 'G .. 4 I.t i 'S HM? ¢ it ? u 0 m? , o. , it - ? w F? ? ? 7 ao , t i y6 O F Vii Iu ( -kn # ,.a l tv1 o 4 . '+ t l .. 1 SV? ) En ? c =mm PLAINTIFF'S _ < i? i . r EXIil817 r l t i r r, ? i o-f:.4. Sn!"L•3 s i .... '_1'•.. .. .. .. n ,? 'i ., Y.:.:u;, ?rsro: S.'....n:rr+.l , , pro 1?:? I i ? l{ f _? 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Vin. .. _ a Y1 -..? t L, 1 I IL 08 D ' _r 1 q RE, ro t,7- ? I 'rt 40 _. __ 3 v 8 5 I -v: UJ rZI G J" 'fr.. (A' V L. ? '. NC Q "LL 6 R Y w . < r , - - PLAINTIFF'S J } EXHIBIT (Ip . F ?g I I ? I 1 ? S 1 r n`. , ' 1 f f ?? , ? ?, Yc \ xt rt \ ,.' ?r:K 5 !t < Y yr 4 ' , r ' / y r $puW p1 ry, r t ( t : W< uxy ?, I.4 rlryy?jP ? r / ,! V.j t'L, l S ( + fF i Llr d .1 .....•. V16 ('1i - . . .. N4_. • • .. , J :_u ,.?.n ,? • ...(Lhn 4?T ... N. :M.•.r .- .?,r. Ll 4irE 4. ?SY? i 'c S i , jjjjjjp? __ °\ C \ 1 I I ? ? A LJ r n L ?l Q d( .•y l • I I 1 J I'? 1 1 '•f (? 1 ' L„(1 1: A bb O ? .? L m i ? ? e ? ? r 1 Q r 4 o !S. t I w !I ?I { - ? o « N r a . r ? A. t 10 _ ?'.?ft W-• m { ?) ._: 1•x.4 ? ? _S r ti _ 1 0 { v IJ ./ Mi- `? IC 4 I 1 W¢ Y 1 wl 2a u1 i , 1 ? a r"I -c:z - o .} r [ Q J rl. r v , 7: u _ 1 c C ' . C J'4 1 _ ^ 1 1 I ` u?C n T * N 1N N N: ' X : ' 1 8 u [ F . u ti ? ?? O m': ? it c.. r d ? I> a .,. PLAINTIFF'S - ' u ¢; ; st EXHIBIT ? d i ti_. o ? ? 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X ': , Ir 1 , ' J- x -r } { m w j L r G I rn ;? .: i ?'.. 1 r r y )! 4Y i w OO dQ L"''' G d,'a r ,y . v a i tO . m 4 VI' s r. ?a y. l CO 10 w lP V to, O 40 ? ...1 / i X J! .\ d 1 r j rry b:rw F r rt i t , 1 ?i , err '° I.N 5LL ?+ xtl 'i a - r , art '^? M 1 - ?.. .L S rT - 02 tl1F LL` J J tr ryl It! ol TrL. u c: \ r•. ? J K _ L of d ? 1 i I 1 y '.z I,ti i? t ?'' 'ri 1 ! Cae. t •y ? l r c ti T 1?. tl?. r.l t ' ? !1 1 ti 3? CI :u t C?l F B8 c ?. ?-.. v I u +U V ^ h, `° V r7! r :. I1 :.) , Q:.. 1 rs r?r#1k tr! it 4 U''G `L C.k l< V c `S _? 1 4 4Ii: O F.,•? r N NYi' m 0.t 7 dd? 6 t+b r .: r i {IV, 3'. r O ? 'r a h ,1 \ vya.? i o ' K` ilk t PLAINTIFF'S y\ - wr ¢i ¢G LI G.. 1 b J i\ ?!? J J 2 r r •?-^,-i ? , .., r i *? ,.? ,? EXHIBIT $ .+t 1 t { 4 A ,1 C?•1 y111 Nr?` Y C h r ?'yniti 7+2 I/ y IIT?'' r. f e n.t i.r ?` r ! a<1?ih/•i 12, g:gv {?^ x/}34 W{ .} iRGfi: \ ! ? J{y-z ha• 2G/tv (a.?L.U `t.4hy K:!? r? qtr\` 1:, ?` `.•" i i S i J l Y 1IC 4 f 1.: .1 !?) L.7- I ®? 1 0 1 t i p a I I r , e)3 I 1r`.T'-t Dili C? t z C I tj . r 1 1 r I l I l + r •- 1 r?*r? Lr f I J I ? 1 1 4 I 1 'in ° A'?r ' r• 1 I 1 It .,fz iti? n rt+,# I _ F W e?Or''I I q7 1?; f : rl J m a h ''? J J ! fr r? O N a',_Y(JI? 1 I r Z 5 It tj N ?o w.. 1 e e f ¢?¢ I m` IMF D r_ tl U ?. '? ?:I+ f 4 71. _,Qg: al WAO < , w jfi ?r I tl 1 r I '.f ? °???JJJ ?u` pa aw P rr.ln/ w 1 ;T8-.' ' ? 1 a r;r` :y l O {f fL(? N ?? ??\ I ? 1I. rJ ?.a 1 ) :. "k ! F: ?I > J 'l- ?• @ -r ,20 CJP. -t?, r•ri i .r I *G Ct W LJC .>.. !L .. E. , t .,ri r:F ?• ?..-r-, I' V'.,r.: C3 a. ?.i ,a rr :.?' i - 'r.- a ) S l 1 ('' 'pp- r 1 J1 I r m¢ it, via, I r T r ? 1 r ke r e ?,; g K?I: PLAINTIFF'S x=?. KTS .? "'" n. 1 I r EXHIBIT v 1 ¢ t, c l 4 o- I???yy 5qH7x {I r l4 l ?? 1'-' t 1 a . t 11 ?? t i r N 4 4i Y a c??1?-?17 n.r.. o,-.ce Gy N??ii a?.-., ?. .. .>, .?. M,r (tS .!"r?1: .1.'X,'?° ut.u G'???r•? iMW,. 4 + W. Ftb'?lC ?..? 1 1' , fi r: C J I r O t : 1 + f 4 ? r yr 1 'm N J 1 I ( ? I - I ? V Y ' ,: ` ? l p .?+rn.i Q fie. +U y c ' ll 1 . -1 O Gl J _.G? r (({? JJ t r EE b H r :' aa ' l 1 , ¢ [ V T , x', 71 4 'ter twJ a 1 Q 0 1 1. A? li b ) r.?n :.117 L w rr 4'+ , 1 ? Y G r a rte, 47 G^i ?? 1 , ^1 € N ?,. . o .. iL- I O r 'X 14 9 LLI N 1 r ) .?I ,...1 - X 4C 1:1 .?. ?1'P ? r z . - , r' I fGyfJ ? t 1. '?. I , r , _r { 1 1 . Z 1. AI? u r ) J+dld . r r~ 'L 1 + ! O 3 '1F-- f t +' t S ?c P . , If? J { F«. [`_M? i ?. ? Y Hl lid) ( j slli I f? ce I i m 1 2 1 6 M ti J LU r n all- w ' ? 1 i = s tE.,?.. '• a f ? ' a l t' ; ? ? { ? I .;, '. I U 1., 7 i ' t ' ..y,l U7 rs : it CY. 1 ' C L ui w ¢ ?;; Jf ' c ! "' ~ y n is Wc.: L all Q/ F- y E o o r t ryl • •L.] f? \) •1 Q LL 2 Iq I+. 2 Q Y'Y..•uY ? C 1 ? C+ _ 1 ? I ? r LY C r N' C' N L? n' © NL? m 1 t {) r x Ir r,, .? y i , 1 ?y " ¢ i I :. A 1 Q m I { t 1'rW t _ Yi j , K) T 7 w 1 I kINTIFF'S t g gr • a s jb ' ; p > u t ' i ` i ? } ' kia"I r F r 4W?{c r - . /J •) I i L.:4 ?, rt t j: 13 r4 EIM E FAMILY OF DEALERSHIPS Z a• m ???.c ora• moblr0 CHEVROLET BRENNEIZ CADILLAC OLDSMOBILE, INC. 2222 Paxton Street P.O. Box 2351 Flarrisbur¢, Pa. 17111 PHONE (717) 233-2552 r •, L. '.b ' .. . 1 iCMER NO. • . AUVIS011 -- ---LAICNARO?MCfl IFLJ _ °r° a°IpED;,E' ? J; NV _325 LPH E SENTZ coon PA a u°ENSE NO n U (9 ° O CE NO cows 91; 04 ALLEN ST vuRiM<RET+I°oel 1 9506 O1°H , sraKNO. NO. s cnontac1cAD DEINFHYpA]E DIUVEHYMRES _ VEnIC IQ 0 NO W, CUMBERLAND, PA 17070 0 2?V 2 100 0 ssulNCDEALER W. PHpp cno ,•. Q. reNO. Den . P o ND NCE PRONE EUSyrE59 PMURE .• 6335 gMMEm= . R. o DATE O6 2 8 . 1 CHARGES ............ 0.19507'..: ...:',. , ................ ....... IOR- MILEAGE IN MEEA?E OVR ... ............ BATTERY . .... ....... ..... ........ HOURS .. 309 . E'60 T ) TECH# DAT ' START F INISH TIME 309 07/08/98 7 40 32.32 . 7.40 0.00 . ' 309 07/09/98 0.00 0.00 0 60 . ,.. TOTAL TECH TIME 0.60 CUSTOMER STATES BATTERY DEAD. REPLACE BATTERY REPLACED BATTERY TB OTY1.. FP-NUMBER ............... DESCRIPTION ........ U/ E/COST•-U/PRICE 1900 9001632 64.59 1 12066325 64.59 64.59 90.43 BOLT, BATT 2.343 6 75 90.43 . 6.75 9.45 ' COST TOTAL 71.34 9.45 F'1 TOTALS ..-.-..-.•.,..•-• TOTAL • PARTS ............ . 99.88 .......... LABOR . . P PARTS . 32.32 ? 99.88 2 CHARGES ........................ JOB# 1 JOURNAL PREFIX COWS JOB# 1 TOTAL -.. ....................... 132.20 .................... • R .......... SOCDZ Z '. --.. . ENGINE ELECT CONCERN HOURS: TECH(S ):309 ................ DATE START FINISH TIME 3 164.29 09 07/09/98 0.0 7.40 0.00 TOTAL TECH TIME ,2.40 ROADSIDE SERVICE ROADSIDE ASSIST CASE #80199 2:TOTALS ...................................... .. , ...... , . ...........LABOR 164.29 JOB# 2 JOURNAL PREFIX COWS JOB# 2 TOTAL 164.29 ' ..: R/O TAX fry CLAIM DETAIL TOTALS ••-.-.....--..•,-• R/0 TOTALS ... 0.00 296.49 ..................................... !......... TOTAL.... ......... 296. . TOTALS 296.49 Y. .....SIGNATURE ........ APPROVED D EPLAINTIFF'S OF 2WARRANTY LOP CONTINUED ON NEXT PAGE] ?? 'Z!' 15:20:49 ?17;4 EE FAMILY OF DEALERSHIPS ?irdkCac Ord , oe„ CHEVROLEI BRENNEIZ CGIDILLAC OGDSMOBILE, INC. 2222 Paxton Street P.O. Box 2851 Harrisbur, r, Pa. 17111 PFIONE ( 17) 238-2552 AMkI, ADVrGOF .,lv„ SRDIIR •" GONU. INVOICE ORE ^ nrvrncE Na. E111 HJVLJONES_283 7g1gH C OWS262999 flAIPH E SENTZ L'A _ N"Tl ?3 081 _ LICEN,^,E NO MILCgGE LOLUfI .,.--L-- bi00R NO. 1204 ALLEN ST 20948 NEW CUMBERLAND, PA 17070 G 6 KD3 2 Y 7 VJJ110 0? SwuNGOE/.LEn N Q PNOOUCnoN OArE . . F L E NO. .L9• P.: . O. P. U N - N.O.OAiE IIEEIOENCE . ,..: .. FHONE: BUSINESS PHONE j _ COMMENTS . - el 11a . _.. , :_. .' . :.. , „ M0: 20950 O:2095 /sB# py JO I CHARGES ............................. _ _ _ ... ............ . MILEAGE p{fr ??rvf ? ri is .............................. ..... .............................. J# 1 85COZ01 DEALER ACCESSORIES HOURS: 0 .50 TECH(S):268 TECH# DATE START FINISH TIME 26.94 268 08/24/98 0.00 0.00 0 50 . TOTAL TECH TIME 0.50 . REPLACE #1 REMOTE AND REPROGRAM ' REPLACED REMOTE AND REPROGRAMMED BOTH PARTS...-, OTY•••FP-NUMBER ............... DESCRIPTION- - --._..U/COST--E/COST--U/PRICE 1 16259819 TRANSMITT 3.0.485 66.00 66.00 92.40 92 40 . COST TOTAL 66.00 JOB# 1 TOTALS ......................... .........•-- - - TOTAL - PARTS 92.40 LABOR 26.94 PARTS 92.40 JOB# 1 JOURNAL PREFIX CDWS JOB# 1 TOTAL 119 34 . COMMENTS .................... ..... ................... • - - _ WAITING - .................•--........ '':..' .. R/0 TAX 0.00 '- •. R/0 TOTALS 119 34 . CLAIM DETAIL TOTAlS --••................... LAIM#......... TOTAL.. .. 62999 119.34 CLAIM TQTALS 119.34 - ' ................................. -'.,APPROVED BY SIGNATURE 3CS AUDIT SLIP.....-•---......... .._ , ... _._ _ _ .. _ ........................................ OCS DATA FILE: GMGMWF.528 08/26/98 WARRANTY NEW CLAIM 1908 09 R262999ER 08/21/1998 1G6KD52Y7VU210000 D2V 8 ER SER203 21068 D 8 10908 # 2 4 -4 2 '. CUSTOMER NAME: FIRST: RALPH MIDDLE: E LAST: SENTZ PHONE:WORK: HOME: 717.774-6335 LN JOB CT CC PC PART-NO TOT.PTS FC LABOP LHRS OHRS NET-AMT. LAB-TOT L OT 0 1 9 E N-T : 34 TECH SSN: 160-624778577 119 AUTH4CODE: 'S AUTH. AUTHOR.; 26.94 .................................................... • - - • -'-•-..... R.O. TOTAL: 119.34 ........................... PLAINTIFF'S EXHIBIT 1GE 1 OF 1 WARRANTY COPY END OF INVOICE 7 19:08:52 T ?° 11RENNEI2 CAI)ILLAC O•.L SbLOBILE, INC. -" FAIVIILY OF DEALERSHIPS Harrisburg, 2222DrrirDsburg, (L°° PaStr . 1711P1 Lt .0 a. Box gas t .?PHONE (717) 233-2552 ?iiiGL?c' o?asrnobun CHEVROLET QD T ? ,t j C " ' l . ? t b S? nl n+ CUSTOMER NO. , AUVISUN TAO NU. r STEPHEN E DflOTHLER 56 NvOILE On tE rvU CE NO flALPHE$ENTZ -f-873 uOorleATE LCLNCLbo cE 2 10122198 COLOn gDWS268910 °tOCMNp 1204 ALLEN ST - 3068 6 ? UI IM An F IMVUEI 971CADILLACICAO s ,vear Dare E[uvenv Ml es VInILLE 10 O - NEW CUMBERLAND, PA 17070 1 G 6 K 0 5 2Y7 V U 21 0 0 0 0 SFLLINU .6. 'i6WCT10110.ETE f. i. E. 110. a o rq. 7rQ -DATE RESIDENCE WgN5• BU61NE•v3 VMONE OOMMENiE 10121198 7746335- . . . • _ 'M 0: 230BR JOB# 1 CHARGES .. :................................. .... ............ ......... ........... ..... LABOR ............ .......... ............... J# 1 60CDZIO HOURS.....:........ SEATS . TECH(S)........:...268 ......... ....... 0 00 TECH# DATE START FINISH TIME . 2fi8 10/21/98 10.70 24.00 0.00 268 10/22/98 7.70 15.00 0.00 268 10/22/98 0.00 0.00 ' TOTAL TECH TIME 0.00 SEAT MMOVES AS IF SEAT TRACK HAS EXCESSIVE PLAY CANNOT DUPLICATE CUSTOMER CONCERN AT THIS TIME. SUBLET ..... PO#........ VEND INV#.INV. DATE -DESCRIPTION ............... ...... 10746 10/22/98 RENTAL-SENTZ ... ....... 60. 00 TOTAL - SUBLET 60. 00 JOB# 1 TOTALS .... ........................ . SUBLET 60. 00 JOB# 2 CHARGES ........................ JOB# 1 JOURNAL PREFIX COWS ,............................ JOB# 1 ......... TOTAL ......... 60 ........ .00 ... LABOR ..................... .......... ..... . J# 2 ................. 45COZ10 SUSPENSION NOISE HOURS: .. 0.70 TECH(S):268 ......... ...... 37 71 TECH# DATE START FINISH TIME . 268 10121/98 10.70 24.00 0.00 ' 268 10/22/98 7.70 15.00 0.70 . 268 10/22/98 0.00 0.00 TOTAL TECH TIME 0.70 ..,. :.'NOISE IN FRT END MOSTLY WHEN BACKING UP NOTE:CUSTOMER NEEDS PRICE FOR 4 REPLACEMENT TIRES PARTS ...... ' REPLACED FRONT STABLIZER LINKS BOTH MAKING NOISE OTY•••FP-NUMBER ..... .......... DESCRIPTION -••••-••U/COST-• 2- 25635886 LINK 7 240 32 85 E/COST•• 65 70 U/PRICE 45 . . . ' COST TOTAL . 65.70 .99 91 .98 TOTAL - PARTS 91 .98 JOB# 2 TOTALS ...................................................... ...... PA 37. 71 RTS PARTS 91. 98 JOB# .. 4 CHARGES ....................... -JOB# 2 JOURNAL PREFIX COWS ........................... JOB# 2 ........ TOTAL ......... 129. ......... 69 .. LABOR . .................................................. ......... J# 4 1OCPZ01 DRIVEABILITY CONCERN HOURS: TECH(S):268 ... ..... 0 00 TECH# DATE START F INISH TIME . 268 10/21/98 10.70 24.00 0 00 268 10/22/98 7.70 15.00 . 0.00 268 10/22/98 0.00 0.00 TOTAL TECH TIME 0.00 INTERMITANTLY WHEN STARTING OUT IN MORNING. VEHICLE HES ITATE CANNOT DUPLICATE CUSTOMER CONCERN AT THIS TIME. PLAINTIFF'S PAGE 1 OF 2 WARRANTY COPY EXHIBIT CONT INUED ON NEXT PAGE] 10:44:08 ... .. .-C?22'('!!C OldGmohlln onMUL[I ----^ ?EIr+ ;VAWj/W4 . ON nA.E ucnrsE NO. EvLEeDE mwn sictn NO. RALPH E SENTZ 25030 1 120,4 ALLEN ST un,.n L,WUL --.1VO... L...,.. .... NEW CUMBERLAND, PA 17070 6 ILD-51-Y 7 Y U L 0 0 0 NO. P O NO. ,. 6. buE MEEIDEK PHONE DV91NE99 PHONE COMMENTS 12121198 , 5 MOi 26030. - ` `. . ?.. ? MILEAGE IN MILFdOE qn : .? JOB# 1 CHARGES ............................................ ................................. LgBpR ..................................-0,,T, .......................... Ji 1 11CDZ05? FLUID'LEAK..•ENGINE HOURS: 0...9ECH(S):76 48.48 TECH# DATE START FINISH TIME 76 12/21/98 8.80 15.40 0.00 76 12/21/98 0.00 0.90 0.90 TOTAL TECH TIME 0.90 CHECK FOR FLUID LEAK AND ADVISE FOUND WATER PUMP LEAKING COOLANT REPLACED LEAKING WATER PUMP.TOPPED OFF COOLANT LEVEL PARTS: ---.QTY-•-FP-NUMBER.-••-•-•----•••DESCRIPTION-••--•••U/COST--E/COST--U/PRICE 2 12346290 COOLANT 8.800 8.28 16.56 11.59 23.18 1 12365639 .PUMP KIT 1.069 33.67 33.67 47.14 47.14 1 3539153 GASKET-W/ 1.079 1.32 1.32 1.85 1.85 1 2411 SHOP SOLV 2.95 2.95 5.95 5.95 COST TOTAL 54.50 ' TOTAL - PARTS 78.12 JOBi'. 1 TOTALS ............................................................ PARTS 78.12 JOB# 1 JOURNAL PREFIX COWS JOB# 1 TOTAL 126.60 - COFPIENIS...........-' ................................................................ ,NAITING . i a R/O TAX 0.00 py r s , R/O TOTALS 126.60 NARRANTY CLAIM DETAIL TOTALS ..................................................................... , CLAMP...?.... TOTAL 275934,.. , - 126.60 ... ............. CLAIM TOTALS 126.60 •v,c%., APPROVED BY SIGNATURE PLAINTIFF'S EXHIBIT PAGE 1 OF 2 - WARRANTY FILE COP INUED ON NEXT PAGE]' 11:48:51 .. _?l?c^Mi_? ??'ra. ?P. •'?:/y[t,•,".fFi-°? ';Z<'JC,;c2 (.GiJCKCaS? ?? =,vg,, jV jM` Fq 11, 111R CADILLAC OLDSMOBILE,INC. 2222 Paxton Street P.O. Box 2851 FAMILY OF DEALERSHIIDS Harrisbu Pa. 17111 1 17) PHONE 238-2552 6 j CHEVROLET oldsmoblic Now TONER NO. AD050N 6006 TAO NO. INVOICE GATE IN VOICE M. KENNETHMJONES 283 531A 01114199 COWS279431:: ALPN E SENTZ , UDOR RATE LICENSC N4 M¢EAGE 25818 LOIOR 1 5}OLN NO. 204ALLEN ST VEAPIMANEIMONCL DELjvFnv n.m ??, •,•,,,,,„•„ ?...G.'UNNO P-Wr' ONOAtE JEW C U*MBERLAND, PA 17070 1NO Y7VU210000 F. T. E. NO . P. O. NO. fl. O. MTE , 01114199 HHKNCE PNONH r BUSINESS PHONE COMMENTS 746335/£.. M0: 25819 MILEAOfi IN MILEAGE ONT ON 1 CHARGES ...........:........................................•••• •••••• •••-••-•• 1 11COZ04 FLUID LEAK-ENGINE HOURS: 12.70 TECH(S):76 696.34 TECH# DATE START FINISH TIME 76 01/15/99 10.70 15.40 0.00 76 01/20/99 0.00 12.70 12.70 TOTAL TECH TIME 12.70 LOWER CRANKCASE LEAKING OIL LOWER CRANK CASE AND HIGH PRESSURE POWER STEERING HOSE WERE LEAKING R AND R TRANS AXLE AND RESEALED LOWER CRANK CASE.TOPPED OFF ALL FLUID LEVELS. REPLA EED HIGH PRESSURE POWER STEERING. HOSE AND TOPPED OFF POWER SEERING FLUID AR- REINSTALLED TRANS AXLE AND ROAD TESTED TS - •.••O7i- •FP•NUMBER••••••••••--•--DESCRIPTION ........ U/LOST--E/COST-•U/PRICE ;1052943 SEALANT 8.800 11.94 23.88 16.72 33.43 . " 2 3543719 GASKET-01 1.840 1.68 3.36 2.35 4.70 1 :1647311 SEAL ASH 0.207 6.69 6.69 9.37 9.37 1 1647308 SEAL 0.137 14.10 14.10 19.74 19.74 2 12556103 SEAL 1.429 1.86 3.72 2.60 5.21 1 ..;.1647185 GASKET 0.207 11.31 11.31 15.83 15.83 1 25014377 OIL FLTR 1.836 3.50 3.50 4.90 4,90 8 12345616 OILlOW30Q 8.800 1.39 11.12 1.95 15.57 1 ``26061969 HOSE 6.670 COST T36.10 113.78 50.54 50.54 .. TOTAL • PARTS 159.29 UBLET " PO# -.. ...VEND INV#•INV.DATE•DESCRIPTION................................ 11288 01/20/99 RENTAL•SENTZ 111.00 L TOTAL SUBLET 111.00 b.q.., 1 TOTALS • ........................................................... r OR 696.34 " PARTS 159.29 SUBLET 111.00 JOB# I JOURNAL PREFIX COWS JOB# 1 TOTAL 966.63 R/O TOTALS 966.63 ,N1RNRIY CLAIM DETAIL TOTALS ................. .................................................... A943? 1......... T0966.63• AIN TOTALS 966.63 ........... ................... APPROVED BY SIGNATURE ..PLAINTIFFS EXHIBIT T BE 1 OF 2 WARRANTY FILE ONTINUED ON NEXT PAGE] 11:55:19 ?C_'T%I•L'fAc a<: [`GIC. !'u?t• ':?i:i •°L'>r"L,;;.7 i. •.?i.F.: _, ?.. c::::q i.L, i' 293 AUTO LINE L To- July 13, 1999 Mr. Ralph Sentz c/o Bradley Schutjer 218 Pine Street Harrisburg, PA 17108 Re: Sentz c/o Bradley Schutjer vs Cadillac Motor Division # CAD9963179 Dear Mr. Ralph Sentz C/o Bradley Schutjer: After careful review of your case, we have determined that your complaint is not eligible for further handling in the BBB AUTO LINE program. Wic have made this determination for the following reasons: This claim is ineligible for arbitration to seek repurchase of the vehicle due to the mileage of the vehicle at the time of filing with the BBB AUTO LINE program. Your claim needed to be filed with the BBB AUTO LINE program within 2 year or 24,000 miles whichever came first from the date the vehicle was first placed Into service. While we notified the manufacturer of your cuutplaiuy we cannot require the manufacturer to submit to arbitratiuu unless the claim falls within the program limits. The program eligibility information is explained in the Program sumowy. While I am sorry we were not able to help you with your automotive complaint, I want to thank you for your interest in the BBB AUTO LINE program. Please contact us if you have any questions or if you believe we have made an error. Sincerely, Paul Stapleton at Extension 385 cc: Kelly Adams s ? t J _ ? nJ J ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. SENTZ, CIVIL ACTION - LAW Plaintiff, No. 99-4664 Civil Term vs. Code No. GENERAL MOTORS, INC., PRAECIPE FOR ENTRY OF APPEARANCE Defendant. Filed on Behalf of Defendant, GENERAL MOTORS, INC. Counsel of Record for this Party: JEFFREY COHEN, ESQUIRE PA. I.D. #76512 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Firm No. 198 2000 Frick Building Pittsburgh, PA 15219-6194 Telephone No.: (412) 261-6600 Fax No.: (412) 471-2754 P452930 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. SENTZ, Plaintiff, No. 99-4664 Civil Term vs. GENERAL MOTORS, INC., Defendant. PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter my appearance on behalf of Defendant, General Motors, Inc., in the above-captioned matter. MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. By' J F EY COHEN, ESQUIRE Attorney for Defendant, General Motors, Inc. P4529301 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was served via U.S. Mail, first class postage prepaid, this a;P1 day of September, 1999, on counsel for Plaintiff as follows: Bradley A. Schutjer, Esquire Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 ,? i ?' ?/l Logy J F COHEN, ESQUIRE P4529301 ti ? I-r LL C: ',:. ?,)ri ` C_ ?. ?_ ??: C ? J ? ?. ?l? .Y 5'LJ ? ., CV ? i u ?' :' C_ W ??ii!1 71C1 r? U: CJ O? :.J ART, p Y t' * n,canti?leo'? see i ?.. .? . ?i RALPH E. SENTZ 1204 Allen Street New Cumberland, PA 17070 V. GENERAL MOTORS, INC. c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4664 Civil Term CIVIL ACTION-LAW RETURN OF SERVICE Service of a Complaint was made by me: G ??? q C, DATE: NAME OF SERVER: A?/? Q+ 7 TITLE: Process Server METHOD: Personal Service ????? ??''I_O ??'? ?` Individual Served: 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. Date` Si a ure of Server ?r ? ?= ,,,?_, .. `,; _' '- ?: '-??= i G (v, r C ) '? .?. (?.: 'iii J i- ? ,U Cl ?`? ? ?" ? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. SENTZ, Plaintiff, VS. GENERAL MOTORS, INC., Defendant. CIVIL ACTION - LAW No. 99-4664 Civil Term Code No. ANSWER AND NEW MATTER Filed on Behalf of Defendant, GENERAL MOTORS, INC. Counsel of Record for this Party: JEFFREY COHEN, ESQUIRE PA. I.D. #76512 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Firm No. 198 2000 Frick Building Pittsburgh, PA 15219-6194 Telephone No.: (412) 261-6600 Fax No.: (412) 471-2754 To: Plaintiff You are hereby notified to rile a written response to the enclosed New Matter within twenty (20) days from service hereof or a Jud ay be entered against you. P0500657.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. SENTZ, Plaintiff, No. 994664 Civil Term VS. GENERAL MOTORS, INC., Defendant. ANSWER AND NEW MATTER AND NOW comes the defendant, General Motors, Inc., by and through its attorneys, Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C., and files the within Answer to the plaintiffs Complaint and New Matter, averring as follows: 1. The defendant avers that after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 1 of the plaintiffs Complaint. 2. The averments set forth at paragraph 2 of the plaintiffs Complaint are admitted. BACKGROUND 3. The defendant avers that after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 3 of the plaintiffs Complaint. P0500657.1 4. The defendant avers that after a reasonable investigation, it is without knowledge or information sufficient to forma belief as to the truth of the averments set forth in paragraph 4 of the plaintiffs Complaint. 5. The averments set forth at paragraph 5 of the plaintiff's Complaint are denied. 6. Paragraph 6 is denied as stated. If it is proven that the plaintiff purchased a vehicle manufactured by the defendant, said vehicle was accompanied by a new vehicle limited warranty which is limited by its terms and speaks for itself. COUNTI LEMON LAW 7. The defendant hereby incorporates by reference its responses to paragraphs 1 through 6 of the plaintiffs Complaint as if more fully set forth at length herein. 8. The averments set forth at paragraph 8 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 9. The averments set forth at paragraph 9 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 10. The averments setforth at paragraph 10 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 11-36. The averments set forth at paragraphs 12-36 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 37. The defendant avers that aftera reasonable investigation, it is without knowledge or information sufficient to forma belief as to the truth ofthe averments setforth in paragraph 37 of the plaintiffs Complaint. 38. The averments set forth at paragraph 38 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 39. The defendant avers that after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 39 of the plaintiffs Complaint. 40. The averments set forth in paragraph 40 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. WHEREFORE, the defendant, General Motors, Inc., demands that judgment be entered in its favor and against the plaintiff. COUNT II MAGNUSON - MOSS 41. The defendant hereby incorporates by reference its responses to paragraphs 1 through 40 of the plaintiffs Complaint as if more fully set forth at length herein. 42. The averments set forth at paragraph 42 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 43. The averments set forth at paragraph 43 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 44. Paragraph 44 is denied as stated. If it is proven that the plaintiff purchased a vehicle manufactured by the defendant, said vehicle was accompanied by a new vehicle limited warranty which is limited by its terms and speaks for itself. P050D657.1 45. The averments set forth at paragraph 45 of the plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. 46. The averments setforth at paragraph 46 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 47. The averments setforth atparagraph 47 of theplaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 48. The averments set forth at paragraph 48 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. WHEREFORE, the defendant, General Motors, Inc., demands that judgment be entered in its favor and against the plaintiff. COUNT III UNIFORM COMMERCIAL CODE 49. The defendant hereby incorporates by reference its responsesto paragraphs 1 through 48 of the plaintiffs Complaint as if more fully set forth at length herein. 50. The averments setforth at paragraph 50 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 51. The defendant avers that after a reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 51 of the plaintiffs Complaint. 52. The averments setforth at paragraph 52 of the plaintiff s Complaint constitute conclusions of law to which no responsive pleading is required. P0500657.1 53. The averments set forth at paragraph 53 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 54. The averments setforth at paragraph 54 of the plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 55. The avermentssetforthatparagraph55oftheplaintiffsComplaintconstitute conclusions of law to which no responsive pleading is required. WHEREFORE, the defendant, General Motors, Inc., demands that judgment be entered in its favor and against the plaintiff. COUNT IV UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 56. Thedefendant hereby incorporates by reference its responses to paragraphs 1 through 55 of the plaintiffs Complaint as if more fully set forth at length herein. 57. The averments set forth at paragraph 57 ofthe plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 58. The averments setforth at paragraph 58 of the plaintiff s Complaint constitute conclusions of law to which no responsive pleading is required. 59. The avermentssetforthatparagraph59oftheplaintiffsComplaintconstitute conclusions of law to which no responsive pleading is required. 60. Theaverments; setforth at paragraph 60 of the plaintiff s Complaint constitute conclusions of law to which no responsive pleading is required. P0500657.1 WHEREFORE, the defendant, General Motors, Inc., demands that judgment be entered in its favor and against the plaintiff. E OHEN Attorn y for Defendant NEW MATTER 61. The plaintiff has failed to set forth a cause of action upon which relief can be granted. 62. The plaintiff has failed to give reasonable notice to the defendant and has failed to afford the defendant the reasonable opportunity to cure any alleged defect which is the subject of the plaintiffs Complaint. 63. If the subject vehicle was sold by the defendant, said vehicle was free from defects and/or non-conformities at the time of sale. 64. The plaintiffs claim is barred by the applicable statute of limitations. 65. If the subject vehicle was delivered by the defendant, an express new vehicle limited warranty was offered relative to the subject vehicle and is specifically limited by the terms thereof. 66. The conditions as complained of by the plaintiff relative to the subject vehicle were the result of actions or negligence, abuse, misuse, improper use, and/or improper maintenance by the plaintiff or other persons or entities for whom the defendant has no legal responsibility. P0500657.1 67. Any non-conformities of which the plaintiff complains have been cured. 68. The plaintiffs claims are barred in whole or in part or are limited by the plaintiffs use of the vehicle which is not in the ordinary and/or intended use of said vehicle. 69. The plaintiffs damages are barred and/or limited by plaintiffs failure to mitigate damages as required by law. 70. The plaintiff did not present the subject vehicle for repair at an authorized service facility of the defendant during the term of the new vehicle limited warranty, which was provided to the plaintiff at the time of purchase. 71. In so far as the plaintiff seeks recovery for any alleged breach of an implied warranty, said warranties have been limited or excluded under the new vehicle limited warranty offered by General Motors. 72. The defendant reserves the right to add additional defendants and/or defenses which may present themselves through the course of discovery. 73. To the extentthatthe plaintiff seeks recovery for any consequential damages, recovery for said damages is excluded under the terms and conditions of the new vehicle limited warranty offered by General Motors. WHEREFORE, the defendant, General Motors, Inc. respectfully demands that judgment be entered in its favor and against the plaintiff. MEYER, DARRAGH, BUCKLER, BEBENEK & ECK. P.L.L.C. By: f COHEN, ESQUIRE for Defendant P0500657.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing ANSWER AND NEW MATTER was served via U.S. Mail, first class postage prepaid, this IG+ti day of October, 1999, on counsel for Plaintiff as follows: Bradley A. Schutjer, Esquire Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 F COHEN, ESQUIRE P0500557.1 Cs -' C,r)f1 :,'J U U4- Oyu N r- r.r. -:: Fr G U a THE. LAW FIRM OF KILLIAN & GEPHART 218 PIN[ eTeeCT P.O. Box see f98URG. PENNSYLVANIA 17105.0886 RALPH E. SENTZ 1204 Allen Street New Cumberland, PA 17070 V. GENERAL MOTORS, INC. c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4664 Civil Term CIVIL ACTION-LAW ANSWER TO NEW MATTER AND NOW comes Plaintiff, Ralph E. Sentz, by and through his attorneys, Killian & Gephart, LLP, and sets forth the following Answers to the allegations contained in Defendant's New Matter: 61. Neither admitted nor denied. The averment contained in this paragraph is a conclusion of law to which no response is required. 62. Neither admitted nor denied. The averment contained in this paragraph is a conclusion of law to which no response is required. 63. Denied. It is denied that the subject vehicle was free from defects and/or non-conformities at the time of sale. 64. Neither admitted nor denied. The averment contained in this paragraph is a. conclusion of law to which no response is required. 65. Neither admitted nor denied. The averment contained in this paragraph is a conclusion of law to which no response is required. 66. Denied. It is denied that the conditions as complained of by the Plaintiff relative to the subject vehicle were the result of actions or negligence, abuse, misuse, improper use, and/or improper maintenance by the Plaintiff or other persons or entities for whom the Defendant has no legal responsibility. 67. Denied. It is denied that any non-conformities of which the Plaintiff complains have been cured. 68. Neither admitted nor denied. The averment contained in this paragraph is a conclusion of law to which no response is required. 69. Neither admitted nor denied. The averment contained in this paragraph is a conclusion of law to which no response is required. 70. Denied. It is denied that Plaintiff did not present the subject vehicle for repair at an authorized service facility of the Defendant during the. term of the new vehicle limited warranty. 71. Neither admitted nor denied. The averment contained in this paragraph is a conclusion of law to which no response is required. 72. No response required. 73. Neither admitted nor denied. The averment contained in this paragraph is a conclusion of law to which no response is required. 2 WHEREFORE, Plaintiff, Ralph E. Sentz, respectfully requests that Defendant's New Matter be denied. Respectfully submitted, KILLI?AN & GEPHART Brad ' ley A chutj Esquire At orney I.D. #75 4 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 Dated: (717) 232-1851 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: Jeffrey Cohen, Esquire Meyer Darragh Buckler Bebenek & Eck, PLLC 2000 Frick Building Pittsburgh, PA 15219-6194 ? l Srad ey Sc utjer squire Ki?Lian & Gephart 21'8 Pir a Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: 1 l- \l-o -"\c Attorneys for Plaintiff i'• ? ?.. c ? IOF 31! PINK GMET P.,0". gxuse tISBURG. PENNSYLVANIA 17108.0886 RALPH E. SENT2 1204 Allen Street New Cumberland, PA 17070 V. GENERAL MOTORS, INC. c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 II CERTIFIIPCOP`6 ORIGINAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4664 Civil Term CIVIL ACTION-LAW PRAECIPE TO: THE PROTHONOTARY OF SAID COURT Kindly mark the above-captioned matter settled and discontinued. Respectfully submitted, Dated: 3) aCCc? Smith B. Ge art, Esquire Attorney I.D. #06864 Killian & Gephart, LLP 218 Pine Street P. 0. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorneys for the Plaintiff 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: Jeffrey Cohen, Esquire Attn: Ilene Iskoe, Paralegal Meyer Darragh Buckler Bebenek & Eck, PLLC 2000 Frick Building Pittsburgh, PA 15219-6194 Smith B. Gephart, Esquire Killian & Gephart, LLP 218 Pine Street P. 0. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: 3-31.20?? Attorneys for Plaintiff c: ";' . . cj . ,. 1 J 1 . '?l J Ca • )!.tl L _ Ili