The URL can be used to link to this page

Home My WebLink About01-6252~VINS. B~ER, Plaintiff CUMBERLAND VALLEY MOTORS and VOLKSWAGEN OF AMERICA, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O/--~,ff_~, CIVIL You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717)240-6200 BY: 41 //Kevin S. Baker, Po~Se Plaintiff ~ 1917 Wexford Road Palmyra, PA 17078 ORIGINAL KEVIN S. BAKER, Plaintiff CUMBERLAND VALLEY MOTORS and VOLKSWAGEN OF AMEKICA, 1NC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Dl-d0o 5'-oo-, AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted fiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hate falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedacles u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Asociacion De Licenciados De Cumberland Servicio De Referencia E Informacion Legal One Courthouse Square Carlisle, PA 17013 Telefono: (717) 697-0371 ~VINS. B~ER, Plaintiff CUMBERLAND VALLEY MOTORS and VOLKSWAGEN OF AMERICA, 1NC., Defendants 1N TttE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~/~J~.~IVIL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Kevin S. Baker, pro se Plaintiff in the above-captioned matter, to file a Complaint in the above-captioned matter and, in support thereof, respectfully represents the following: 1. Plaintiff, Kevin S. Baker, is an adult individual residing at 1917 Wexford Road, Palmyra, Dauphin County, Pennsylvania, 17078. 2. Defendant, Cumberland Valley Motors, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business located at 6714/20 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant, Volkswagen of America, Inc., is a corporation organized and existing under the laws of the State of Michigan with a principal place of business located at 3800 Hamlin Road, Auburn Hills, Michigan, who is qualified to do business and regularly conducts business within the Commonwealth of Pennsylvania. 4. Defendants, Cumberland Valley Motors and Volkswagen of America, Inc., at all times relevant hereto, acted and/or failed to act by and through its authorized agents, servants, officers, and employees, all of whom were acting within the scope of their employment. 5. On or about June 30, 1999, Plaintiff, Kevin S. Baker, entered into a lease agreement ("the lease") through Cumberland Valley Motors for the lease of a 1999 Volkswagen Beetle ("the vehicle"). (A copy of the lease is attached hereto as Exhibit "A"). Plaintiff, Kevin S. Baker, leased the vehicle for personal use and for transportation to and from wo~. 7. Plaintiff, Kevin S. Baker, paid $570.60 at the lease signing and has made substantial payments, in excess of $6,500, under the lease. 8. Defendants misrepresented to Plaintiff, Kevin S. Baker, that he was leasing a new vehicle that was in perfect condition and was mechanically sound, with a full manufacturer's warranty on the vehicle. 9. Defendants also misrepresented to the Plaintiff, Kevin S. Baker, that the 1999 Volkswagen Beetle was free of any problems and mechanical and/or design defects. 10. In troth and in fact, the vehicle was not in perfect condition, not mechanically sound, and had mechanical and/or design defects. 11. Plaintiff, Kevin S. Baker, relied upon the misrepresentations of the Defendants in entering into the lease agreement and, were it not for those misrepresentations, Mr. Baker would not have entered into the lease agreement for the vehicle. 12. The Defendants' misrepresentations caused confusion and misunderstanding of Plaintiff, Kevin S. Baker. 13. Since Plaintiff, Kevin S. Baker, took possession of the vehicle, the vehicle has had repeated mechanical and electrical problems, including problems with the air conditioner, check engine light, window switches and heat shield. 14. Plaintiff has returned the vehicle for service on numerous occasions, however, the vehicle has never run properly. -3- 15. The nonconformities experienced by the Plaintiffwith regard to the vehicle has substantially impaired the use, value and/or safety of the vehicle. 16. The subject vehicle continues to exhibit substantial impairments in use, value and/or safety. 17. Plaintiff avers that the vehicle cannot be reliably utilized for the purposes intended at the time of acquisition and, as such, the vehicle is worthless to him. 18. The vehicle has or will be out-of-service by reason of the nonconformities and problems complained of for a cumulative total of thirty (30) or more calender days. 19. The Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the manufacturer on numerous occasions. After a reasonable number of attempts, the nonconformities remain uncorrected. 20. The problems have cost Plaintiff, Kevin S. Baker, in excess of $1,625.00, not including the cost of the lease payments or down payment at lease signing. 21. Plaintiff, Kevin S. Baker, has made repeated phone calls and has sent numerous letters to Defendants asking that he be released fi:om his obligation under the lease since the vehicle is obviously a lemon. 22. Defendants have made no effort whatsoever to resolve this matter without need of litigation. COUNT I FRAUDUI,ENT MISREPRESENTATION 23. Plaintiff hereby incorporates paragraphs 1 to 22 as if fully set forth herein. 24. This action is commenced under the Unfair Trade Practices and Consumer Protection Law. 73 P.S. §201-1, et seq. ("CPL"). 25. Defendants falsely represented that the vehicle was that was in perfect condition, mechanically sound, and flee of any problems and mechanical and/or design defects. -4- 26. Based upon information and belief, Defendants knew the 1999 Volkswagen Beetle had defects and nonconformities, was inherently problematic, and that numerous mechanical, electrical and design defects existed. 27. Defendants had a duty to disclose this information to Plaintiff, Kevin S. Baker, prior to offering the vehicle for lease to Plaintiff. 28. Defendants made the above-described misrepresentations and omissions with the intent that Plaintiff would rely upon them. 29. Plaintiff did, in fact, rely upon the misrepresentations and omissions. 30. Said representations were made in violation of 37 Pa. Code 301.2 of the Automotive Industry Trade Practices Act and other provisions of that act, making such conduct unlawful and a per se violation of the Unfair Trade Practices Act. 31. Defendants are strictly liable for their false representations and, in the alternative, are liable for fraud and negligence. Reliance upon the aforesaid misrepresentations were a primary element of Plaintiff's lease 32. ofthe vehicle. 33. Plaintiff avers that if the Defendants had disclosed the tree facts about the vehicle, Plaintiff would not have leased it. 34. Plaintiff, Kevin S. Baker, has suffered extensive damages as a result of the wrongful conduct of the Defendants. 35. The conduct of the Defendants outlined above was outrageous, recklessly indifferent and unconscionable and constitutes an express deceptive act or practice in violation of the CPL and the rules and regulations promulgated pursuant to the CPL. -5- WHEREFORE, Pro Se Plaintiff, Kevin S. Baker, demands judgment from Defendants in excess of Twenty-Five Thousand Dollars ($25,000.00), which damages should be trebled, together with interest, attorney's fees, and costs of suit. COUNT H BREACH OF CONTRACT 36. Plaintiff hereby incorporates paragraphs 1 to 35 as if fully set forth herein. 37. Plaintiff believes and therefore avers that the Defendants promised, implicitly, that the vehicle was free of defects. 38. Defendants failed to lease Plaintiff a vehicle free of defects and failed to inform the Plaintiff of the same, thus breaching the contract's implicit obligations. 39. Plaintiffhas incurred expenses for repairs which were non-corrective for defects that existed at the time of lease. 40. Plaintiff did not receive that for which he bargained, a vehicle t~ee of defects and/or full and complete representations regarding the vehicle. WHEREFORE, Pro Se Plaintiff, Kevin S. Baker, demands judgment from Defendants in excess of Twenty-Five Thousand Dollars ($25,000.00), which damages should be trebled, together with interest, attorney's fees, and costs of suit. COUNT III 41. Plaintiff hereby incorporates paragraphs 1 to 41 as if fully set forth herein. 42. This action is also commenced under the Uniform Commercial Code, 13 Pa.C.S.A. §§2A102, 2A212, 2A213, and 2A508 ("UCC"). 43. The vehicle was not merchantable and not fit for its ordinary purpose. 44. The Defendants knew the vehicle was not merchantable nor fit for its ordinary purpose, and yet still offered the vehicle for lease to Plaintiff, Kevin S. Baker. -6- 45. Defendants breached the implied warranties of merchantability and fitness for a particular purpose, which a lessor cannot contract out of. 46. Plaintiff, Kevin S. Baker, is entitled to the following three remedies: a) cancel the lease agreement; b) recover so much of the rant and security as has been paid and is just under the circumstances; and c) cover and recover damages. WHEREFORE, Pro Se Plaintiff, Kevin S. Baker, demands judgment from Defendants in excess of Twenty-Five Thousand Dollars ($25,000.00), which damages should be trebled, together with interest, attorney's fees, and costs of suit. COUNT IV PENNSYLVANIA UNFAIR TRADE PRACTICE~ 47. Plaintiff hereby incorporates paragraphs 1 to 46 as if fully set forth herein. 48. The conduct of the Defendants as described above is a violation of the Pennsylvania Unfair Trade Practices Act, 73 P.S. {}201-2, et seq. 49. Plaintiffbelieves, and therefore avers, that Defendants' actions also constitute otherwise deceptive, fraudulent, reckless, wanton or willful conduct which is prohibited. 50. Section 201 ~9.2(a) of the Pennsylvania Unfair Trade Practices and Consumer Protection Act provides for private causes of action for any person "who purchases or leases goods or services primarily for personal, family household purposes." The Statute authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations. WHEREFORE, Pro Se Pl~fmtiff, Kevin S. Baker, demands judgment from Defendants in excess of Twenty-Five Thousand Dollars ($25,000.00), which damages should be trebled, together with interest, attorney's fees, and costs of suit. -7- COUNT V 51. Plaintiff hereby incorporates paragraphs 1 to 51 as if fully set forth h~rein. 52. Defendants were negligent in their actions set forth above and failed to exercise reasonable care and competence in this regard and negligently communicated false information to Plaintiff. Defendants negligently failed to discover the vehicle had inherent mechanical and electrical 53. problems. 54. Plaintiff justifiably relied on the actions and representations of Defendants and suffered pecuniary loss as a result. WHEREFORE, Pro Se Plaintiff, Kevin S. Baker, demands judgment from Defendants in excess of Twenty-Five Thousand Dollars ($25,000.00), which damages should be trebled, together with interest, attorney's fees, and costs of suit. DATE: Respectfully submitted, K,~vin S. Bake~ ~ ' '~ ' Pro Se Plaintiff Counsel for Plaintiff -8- CONSUMER PAPER First Gommonwealth Bank ' - O6/30/19~J~OSED END MOTOR VEHICLE LEASE ~ness Address Lessee(s) Name(s) and Residence Addrese{es) ~ 6714/20 CARLISLE PIKE '1917 WEXFORD · i HECWANICSBURG, PA 17055 COunty'PALHYRA PA 17078 INew [;L]I YearI Equipped With: You are the Lessee s) named a.bO.,v,e...We are. the Lessor named above. We intend t~ a~gn this Lease Agreement (the.'Leese') to the Assigeae named ~l~w. Prior.to ti)~ aseignment,:)ny reference in this Lease to fine, Us or to Lsesb¢' shell me~i the Lessor named above. However, Under the Federe Consumer Leasing Act, both We and the Asd~nee named below are considered 'Lessors.' Except for this required d~leaure the/L~igne~ wilt have no ~hts or obligations ms a Lessor ou,tbis Lease untU-it is aSmgned. Th~n,'any reteren~to."We," 'Us' 9r to 'Lessor' shall mean the Assignee. Each of you who signs the Lease is in~ividtmtiy Ifabte to us for ail Lee~e'obl~i§bhs. You are leasing the Vehicle described below ('the Vefocle") from u~ You agree to pay all amounts due'under the Lease and fulfill ail yo'ar obligations under the Lease. You iflte~ to use the Vehicle prinia nly for pe~nal.'famR'y'~Y hdu~ehdld purposes.unleSs the 'Bus ness, Commerca or Agriculture Purpose Lease" box above s checked. In this Lease 'e' means an egbmate. . VOLKSWAGE CPE 3VWCC21C7XH465050 ~ '~ 213 BEETLE ** Net Trade-In Agowahce = $ Year Make u ~ · Model N/A (If less than zero, enter zero) Gross Amount of Trade- n A owance $ n z n Prior Credit or Lease Balance -- $ FsAmount Due at Lease Monthly Payments Other Charges (Not part of your monthly payment) Total of Payments · igning or Delivery Your first mo~ly~ent of $Z4Z: ~[_0_ (The amount you will have (Itemized below)* is due on ~ 1 :~:~ ~ Disposition fee (if you do not paid by the end of the Lease) f°ll°we~t~. [ 0 p~O~.l~ of p~c~Ase the Vehicle) $ 570.60 $ due on the $ of each ~,~t~.c4~eJ~)of your monthly payments N/A$$ N/A 14879.50 is $ Total ~ $- 'Itemization of Amount Due at Lease Si~ing or Delivmy igning or delivery: Refundable Security Deposit +$ Z~O_. 0__0 .,, Title Fees +$ Capitalized Cost Reduction $ f~l ~ Sales Tax on Cash Downpayment +$ .... Regist/atio.e Fees _ +$ Sales/Use Tax +$ ml~ UpTKO rll; B&F~ +$ N/A N/A Bank fee +$. OptionaIMBP +$ 2*42. i0 First Monthly Payment +$ I~/A Total =$, 570.60 How the amount due at Lease signing or delivary )viii be paid: Net trade-in allowance** g Rebates and non-cash credits +$ ~CT~. ~ Amount to be paid in cash +$, Total =$ 570.60, vGer Your Monthly Payment is Determined as shown below:. ss "pit~l~eJ~XS~.lTl~e agreed upon value of the Rant charie. The amount charged in addition to the icle ($ ) and any items you pay over depreciation and any amortized amounts the Lease term (such as service contracts, insureece, and any 1882(~. 16 Total of bass monthl~ payments. The depreciation end outstanding prier credit Or lease balance " $ any amortized amounts plus the rent charge Capitalized cost reduction. The amount of any net trade-in allowance, rebate, non cash credit, or cash you pay that reduces the groSS capitalized cost --$ Adjusted cepitel.ized cost. The amount used in 18026.16 calculating your base monthly payment = $ Residual Value. The value of the Vehicle at the end of 9791 ' 75 the L~a'se used iff calculating your baSS monthly payment --$ DeprociMion and lhy amortized amounts. The amount charged for the Vehicle's decline in value through normal 9034.41 wear and for other items paid over the Lease term = $. 4292.19 +$. =$ 13326.60. Lease term. The numar of months in your Lease + 222.11 Base Monthly Payment = $ MIA N/A, Monthly sales/uss tax Total monthly payemnt 19.99 +$ e = 242.10 o ~ldlusted clp~tallzen cosT, ThTa~' 188Z6.1§ calculatin, g your base monthly payment = $ Residual Value. The value of the Vehicle at the end of 979 ]. 75 *the Leas~ used in calculating your base monthly payment --$ Depeeciutiofl and uny moortizad amounts. The amount charged for the Vehicle's decline in value through normal 9034.41 wear and for other items paid over the Lease term = $ Ba~e ~*'~I~'F~meot =$ N/A Monthly sales/use tax Total monthly payment N/A 19.99 242. tO a on when the Lease is terminated. The earlier you end the Lease, the greater this cherp ia likely to be. Excessive Wear and Use. You may be charged for excessive wear based on our standards for normal use and if you drive in excess oft D o ~ miles p~f year, the following' penalty will boimposed: 14 999 in ,c ,~,-~ f ~ turersSuggssted RetailPrice MSRP) s ' orless, theexcessm ea~eR~l('Fill be $'"' perexcessmi[es, lftheMSRPlyrom $ to~e~ ~ theexcessmileagepenaltywillbe:~[~ per excess miles. IItheMSRPT~'--- orover, theexceSq:J~l~j~e.l~altywill bo $''"' per excess miles. Purchase Ol~iJqyt End of Lease Term. You have the Pption to purchase th~/ehicle ut the end of the Le~se t~rm for $ and a purchase optioff fee of $ , The purchase option ~dc~ doe~ not iochi~e Official fees such as tbos~ for bxe~, fags, license and registration, Other Important Terms. See your Lease documents for add ~ onal informal on oh ear y term nat on purchase options and maintenaoce responsibilities, warru~ties, late and default ~k~arges, insurance, and any security interest, if applicable. · Agreed upon value of the Sales Tax Mechanical Breakdown [ G/~P Protection Prior Credit or Lea. Balance Othe~K~ifY~ee Vehiclelep~r r~ I (IncludingLuxury~Ta~ Protection N'A ........ $ .,~..~.. ~-v iS .! $ IIs //:).LPJ $ fl/A $ 5UU.UU Official Fees and Taxes..The total amount you will pay for official and license fees, registration title and taxes over the term of y~w~,ejasee~ether included with your monthly payments or assessed otherw se: $ ~..~v ~...~,~ e Warrafltfas. The Vehicle is subject to the following express warranties: If the Vehicle is new, the Vehicle is subject to the manufacturer's standard new car warranty. [ ] If this box is checked, the Vehicle is subject to the following express warranty or guarantee: N/A If the Vehicle is not new, and no warranty is identified inthe previous sentence, there is no express warranty on the Vehicle. Unless prohibited by law, the following two sentences apply. YOU ARE LEASING THE VEHICLE "AS IS." WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABiLiTY ANO FITNESS FOR ANY PARTICULAR PURPOSE. If we make a written warranty covering the Vehicle or, within 90 days of the Lease Date we extend a service contract coverifla the Vehicle. this disclaimer will not affect any implied warranties during the term of the warranty or service contracL Late Payments. No late charge will be' assessed or collected when the only delinquency is late charges assessed on an earlier delinquency. The charge for late payments is the greater of $5.00 or 5% of the base monthly payment for any payment not received within 10 days of the date it is due. Disposition Fee (See "Return of the Vehicle" on the other side of this Lease): $ 275.00 Early Termination Purchase Option Fee {See 'Option to Purchase Vehicle Upon Early Terminabon~ on the ether side of this Lease): $. Early Termination Fee {See 'Terms Concerning Early.Termination of the Lease' on the ether side of this Lease): $. *g50,00 Physical Damage aM,LiibiHta tnsmmoaa. You have obtained the i~,,sarancJ, tt~ is. rectuL~d for this Lease [see.."lnsurance" on the other side of this Lease.) NAMEOFAGENT ~ tho ~CI~.T .TELEPHONE# /1/ ~OD/-I~:~i~YDA~I~J [/UU INSURANCE COMPANY PROGRESSIVE INS You are not required to buy any optional products and services to enter into the Lease. The ~/'/k term of any product or service will be the Lease term, unless a different term is shown to the right. If you decide you want to buy an optional product or service, review the terms of the contract which describes the product or service before you initial to the right. A completed copy of the contract will be given to you as soon as practicable. By initialing so the right, you indicate that you want to buy the optional products and services indicated, If the cost shown is not shown as part of the Itemization of Amount Due at Lease Signing above, it has been added to the Gross Capitalized Cost (see above), Optional Mechamcal Breakdown Protectmn ( MBP ) Te Lessee's Inifial~ / A Cove age __ ~ Optional Service Contract Term or Extended W~irranty Term Lessee's Initials u l A N/A NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE THE VEHICLE. DO NOT SIGN THIS LEASE BEFORE YOU READ BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN; YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNING IT. 'lTY'~;/PrintLesseeNanS/e -'-KEV~'N So~/,AKER ~essee Signature ~" I Type/Print LesSee Name The Lessor's authorized signature indicates the Lessor has accepted the terms, conditions and obligations of the Lease and that the Lessor agrees to the 'Lessor's Assignment' pmvision on the other side of this Lease. Lesser Name' EUHBERLANO VALLEY flOl'ORS By:__ Assignee Na~e: Fifo Commonwealth Bank Type/Print Name: P.O. Box 400, Indiana, PA t5701 Type/Print Title: Ir Vnll ntt NttT MFET YOUR OBLIGATIONS UNDER THIS LEASE_ WE MAY RETAKE THE VEHICLE. Im ~ [neexcesemlmegepenaltyWllJ~$ i per excess mlles, ilteeM~,f~l'm¥ orover, theexceS'<i:]n~P~,a~eP.~anywmoe~'-' perexce~m,es I Purch.~ O~t~at End of Leese Term You have the option to purcha~ th~ehicle at the end of the Le~s~ ~ ~.. · ~/~x./u ...... I I $ . . The ~rchase ~n ~nce do~ not mc~ oflmml Tees=uch as th~se for tax~, bgs, license amd regist~ben ...... I .~ Other Impo~nt Terns. See your Lease documents for additional iofo~atisn oh early termination purchase options and maintenance responsibil~les, warranties fate and dehult J ~arges, i~suraflce, and any security intere~ f app i~ble~ , ~ ~reed u~n value ot the Sa es Tax Mechan ca Breakdown G~P Protection P~or C~ or Lea~ ~lance Oth~(S~ fy~ Vehic[~8251 ~6 (IncludingLuxury~ Protection ........ I uanr rea Official Fees and Taxes. The tcta[ amount you will pay for official and license fees, registration, title and taxes'over the term of y~'(~l~s, eg~ether included with your monthry payments ecassessed otherwise: $ e Warranties. The Vehicle is subject to the following express warranties: If the Vehicle is new, the Vehicle is subject to the manufacturer's standard new car warranty. ( 1 If this box is checked, the Vehicle is subject to the icllow[ng express warranty or guarantee: N/A If the Vehicle is not new, and no warranty is identified in the previous sentence, there is no express warranty on the Vehicle. Unless prohibited by law, the following two sentences apply. YOU ARE LEASING THE VEHICLE 'AS IS." WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABrLITY AND FITNESS FOR ANY PARTICULAR PURPOSE. If we make a written warranty covering the Vehicle or, within 90 days of the Lease Date we extend a service contract covering the Vehicle, this disclaimer will not affect any implied warranties during the term of the warranty or Service contracL Late Payments. No late charge will be' assessed or collected when the only delinquency is late cha~'ges assessed on an earlier delinquency. The charge for late payments is the greater of $5.00 or 5% of the base monthly payment for any payment not received within 10 days of the date it is due. Disposition Fee (See "Return of the Vehicle" on the other side of this Lease): $ 275.00 Early Termination Purchase Option Fee (See 'OpUon to Purchase Vehicle Upon Early Termination' on the other side of this Lease): $ EaHy Termination Fee (See "Terms Concerning Early Termination of the Lease" on the other side of this Lease): $ 250.00 Physical Damage afl~bi~t~ ~sud'~,a~ You have obtained the ~6qJr~nc~ ~3~t is~r.~q~d fq t~q~ea%eJq~e..'lnsurance" on the other side of this Lease.) NAMEOFAGENT "~"" TELEPHONE# .,x,. v~,'-J.[,(~K~YDASLf~ .L/MU INSURANCE COMPANY PROGRESSIVE [NS You are not required to buy any optional products and services ta enter into the Lease. The Optional Mechanical Breakdown Protection "MBP" Term term of any product or service will be the Lease term unless a different term is shown to the Lessee's Initla~ fA right. ]f you decide you want to buy an optional product or service review the terms of the Coverage ' contract which describes the product or service before you inithil to the right. A completed copy of the contract will be given to you as soon as practicable. Optional Service Contract Term or Extended Warranty Term N/A Lessee's Initials By initialing to the right, you indicate that you want to buy the optional products and Coverage n/r~ services indicated. If the cost shown is not shown as part of the Itemization of Amount Due at Lease Signing above, it has been added to the Gross Capitalized Cost (see above). NOTICE TO THE LESSEE: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE THE VEHICLE. DO NOT SIGN THIS LEASE BEFORE YOU READ BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN~ YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN IT. BY SIGNING THE LEASE, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ A COMPLETED COPY OF THIS LEASE BEFORE SIGNING IT. .;~¢~eo Sign'turn ' ~ ,-- ~ .~'~N ~ Lessee Signature IType/Print Lessee Nan~ K [ V'i N' $.t/SAKE R Type/Print Lessee Name The Lessor's authorized signature indicates the Lessor has accepted the terms, conditions and obligations of the Lease and that the Lessor agrees to the "LessoCs Assignment' provision on the other side of this Lease. Lesser Name: 6UHgERLAN§ VALLEY HOTORS By: Assignee Name: First Commonwealth Bank Typo/Print Name: I P.O. Box 400, indiana, PA ]5701 Type/Print Title: IF YOU DO NOT MEET YOUR OBLIGATIONS UNDER THIS LEASE, WE MAY RETAKE THE VEHICLE. LEASE GUARANTY I (the Guarantor(s} signing below) understand that the Lessor and Lessee named above have entered into a vehicle lease agreement {'the Lease') dated as of the date below. I hereby unconditionally guarantee full and timely payment when due of all rentals and other payments and the full performance by Lessee of all promises, terms and conditions of the Lease (collectively the "Liabilities'). If an event of default cccurs under the Lease, I shall pay immediately any amounts due from the Lessee or fake any action required of the Lessee under the Lease. My liability under this Guaranty is primary and will not be affected by any settlement, extension, renewal or mi)diflcation of the Lease or by the discharge or release of the Lessee's obligatmns, whether or not by operation of law. I waive all damages, presentments, and demands and notices of every kind end nature. ~ agree to pay all expenses (including attorneys' fees and legal expenses) you pay or incur in trying to collect all Or any part of the Ua bilities, and in enforcing this Guaranty. This Guaranty is an absolute, continuing and uncondibenal guaranty. After assignment of the Lease, this Guaranty may be modified or terminated only with the assignee's prior written consent. Any paris of this Guaranty which conflict with any statute, rule or lew, shall be deemed null and void to the extent of such confli~ but without affecting the rest of this Guaranty. if more than one party signs this Guaranty, each is jointly end severally obligated. Each signer on behalf of any corporate guarantor warrants that he had authority to sig~ on behalf of such corporatmn and by so signing, to bind the corporate guarantor under this Guaranty. Sipred in tbe presence of: 06/30/1999 (SEAL) 06/30/1999 (SEAL) Signature of Guarantor Date Signature of Guarantor Date ~k~ERIFIC. ATION I, Kevin S. Baker, do hereby swear and affirm that the facts and matters set forth in the Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~evin S. Baker (/ -9- SHERIFF'S RETURN - REGULAR CASE NO: 2001-06252 P COMMONWEALTH OF PEN-NSYLVAi~IA: COUNTY OF CUMBERLAND BAKER KEVIN S VS CUMBERLAND VALLEY MOTORS ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CUMBERLJIND VALLEY MOTORS the DEFENDANT , at 1550:00 HOURS, on the 5th day of November , 2001 at 6714-20 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to BILL MILLER, SALES M3tNAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.20 Affidavit .00 Surcharge 10.00 .00 33.20 Sworn and Subscribed to before me this /3~ day of ~,~.~ ~ ~ A.D. t ! Prothonotary' ' So Answers: R. Thomas Kline il/06/200i KEVIN S:B~ O~ By ~-- Deputy Sheriff CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Kevin S. Baker 1917 Wexford Road Palmyra, PA 17078 DATED: November 21, 2001 By: METTE, EVANS & WOODSIDE Sup. Ct. I.D. #55741 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant, Cumberland Valley Motors KEVIN S. BAKER, Plaintiff : CUMBERLAND VALLEY MOTORS and : VOLKSWAGEN OF AMERICA, INC., : Defendants : IN THE COURT OF COMMON PLEAS CLrMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 01-6252 CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANT CUMBERLAND VAI,!,ie, Y MOTORS AND NOW, comes Defendant Cumberland Valley Motors, by and through its attorneys, Metre, Evans & Woodside, P.C., pursuant to Pa. R.C.P. No. 1028 objects as follows: 1. Plaintiff, Kevin S. Baker, filed a civil action Complaint on or about November 1, 2001. 2. Plaintiff seeks recovery from Defendant Cumberland Valley Motors for damages as a result of problems he has experienced with a leased 1999 Volkswagen Beetle. I. DEMURRER 3. Paragraphs 1 and 2 are incorporated herein by reference. 4. Plaintiff's Complaint fails to identify, specifically or with inference, the nature of its claim against Defendant Cumberland Valley Motors. 5. Plaintiff's Complaint fails to state a cause of action under either contract or negligence. 6. Plaintiff's Complaint falls to state a cause of action for negligence where Defendant's duty to Plaintiff arises from a contract. 7. It is impermissible under Pennsylvania law to label a breach of contract a "tort" to sustain a separate cause of action in negligence. WHEREFORE, Defendant Cumberland Valley Motors respectfully requests that Plaintiff's Complaint be dismissed with prejudice. II. MOTION TO STRIKE 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. Plaintiff's Complaint fails to allege facts to support independent negligence claims in accordance with the Pennsylvania law and rules of civil procedure. 10. Plaintiff claims attorney's fees as damages in each of its prayers for relief. 11. The attorney's fees and any litigation expenses claimed are improper elements of damages for the claims asserted. WHEREFORE, Defendant Cumberland Valley Motors respectfully requests that Plaintiff's negligence claim be stricken and/or plaintiff's claims for attorney's fees or litigation expenses be stricken with prejudice. DATE: November 21, 2001 BY: Respectfully submitted, METTE, EVANS & WOODSIDE Jo Sup. Ct. I. D. #55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant, Cumberland Valley Motors KEVIN S. BAKER, V. Plaintiff CUMBERLAND VALLEY MOTORS : and VOLKSWAGEN OF AMERICA, 1NC.,: Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 01-6252 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Volkswagen of America, Inc. 3800 Hamlin Road Auburn Hills, MI 48326-2855 DATE OF NOTICE: December 4, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 KEVIN S. BAKER, Plaintiff CUMBERLAND VALLEY MOTORS : and VOLKSWAGEN OF AMERICA, INC.,: : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 01-6252 CIVIL ACTION - LAW NOTICIA IMPORTANTE A: Volkswagen of America, Inc. 3800 Hamlin Road Auburn Hills, MI 48326-2855 FECHA DE NOTICIA: December 4, 2001 USTED HA NO COMPLDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALSO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SUGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFIC1NA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 -2- CERTII~ICATE OF SERVICE I, Kevin S. Baker, Plaintiff Pro Se, do hereby certify that on the date listed below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, Certified-Return Receipt Requested, postage prepaid: Volkswagen of America, Inc. 3800 Hamlin Road Auburn Hills, MI 48326-2855 Date: tx{Or /01 KEV1N S. BAKER, : Plaintiff : CUMBERLAND VALLEY MOTORS and : VOLKSWAGEN OF AMERICA, INC., : : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6252 CIVIL ACTION - LAW PLAINTIFF'S RESPONSE TO PRELIMINARY OBJECTIONS OF DEFENDANT CIIMBF, RI,AND VAI,I,EY MOTORS AND NOW, comes Plaintiff Kevin S. Baker, Pro Se, and in response to the Preliminary Objections of Defendant Cumberland Valley Motors, states as follows: 1. Admitted. 2. Admitted. 3. No answer required. 4. Denied. Plaintiff clearly identifies the nature of the claims. 5. Denied. Plaintiff clearly states a cause of action with regard to negligence in that the electrical and/or mechanical problem which began two months after institution of the lease is ongoing to this day, a cause has never been established and is again noted within twenty-four hours following each examination by Cumberland Valley Motors, whose Service Department finally stated they did not know what the problem was nor what to do about it other than "watch it." Multiple other problems have since arisen, to the point that Plaintiff feels neither a sense of reliability nor safety in driving the subject vehicle to and from work each day. Based on several articles published in well-known automotive magazines, the problems with vehicles identical to the subject of this Complaint are not only well known, but widespread. The subject vehicle was held out by Cumberland Valley Motors to be free of defects and to be a safe and reliable mode of transportation. Plaintiff relied upon these representations when, in good faith, signing the lease as advertised by Cumberland Valley Motors. The above establishes breach of contract. Plaintiff's claim for negligence is clearly set forth in Count V of the Complaint. ORIGINAL 6. Please see Response to No. 5. 7. Denied as a conclusion of law. 8. No answer required. 9. Denied as a conclusion of law. 10. Admitted. I 1. Denied. Litigation expenses are recoverable for the claims asserted. WltEREFORE, Plaintiff respectfully requests that this Honorable Court deny and dismiss Defendant Cumberland Valley Motors' Preliminary Objections in their entirety and uphold Plaintiffs negligence claim. Date: Respectfully submitted, CERTIFICATE OF SERVICE I, Kevin S. Baker, PlaintiffPro Se, certify that a copy of Plaintiffs Responses to Defendant Cumberland Valley Motors' Preliminary Objections has been served on the parties listed below via First Class United States Mail, postage prepaid: John F. Yaninek, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: 3 notified to file a written response to the enclosed ~within twenty (20) days from service hereof or a judgment may be entered LAW OFFICES OF RAYMOND T. LE BON BY: Raymond T. Le Bon, Esquire I.D. No.: 49384 1819 J.F.K. Boulevard Suite 300 Philadelphia, PA 19103 (215) 569-9860 KEVIN S. BAKER : ATTORNEY FOR DEFENDANT VOLKSWAGEN OF AMERICA, COURT OF COMMON PLEAS CUMBERLAND COUNTY INC. CUMBERLAND VALLEY MOTORS AND VOLKSWAGEN OF AMERICA, INC. : NO. 01-6252 ANSWER WITH NEW MATTER OF DEFENDANT VOLKSWAGEN OF AMERICA, INC. TO PLAINTIFF'S COMPLAINT Volkswagen of America, Inc. (~VWoA") through its attorney, Raymond T. Le Bon, Esquire, by way of answer says: 1. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, said allegations are denied. 2. The allegations of this paragraph do not involve answering defendant and, as such, no response is required. To the extent that the allegations of this paragraph involve answering defendant, said allegations are denied. 3. Admitted in part; denied in part. It is denied that answering defendant Jersey corporation. are admitted. 4. As to answering defendant, the allegations of this paragraph are legal conclusions and, as such, no response is required. To the extent that the allegations of this paragraph are not legal conclusions, said allegations are denied. 5. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, said allegations are denied. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, said allegations are denied. 7. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph is a Michigan corporation. VWoA is a New The remaining allegations of this paragraph 2 and, therefore, said allegations are denied. 8. As to answering defendant, admitted in part; denied in part. It is admitted only that answering defendant provides express, limited, written warranties for new Volkswagen vehicles sold or leased by authorized dealers in the United States. The remaining allegations of this paragraph are denied. 9. Denied. It is specifically denied that answering defendant made any misrepresentations at any time relative to the issues herein. To the contrary, the vehicle at issue is free of defect and fit for its intended use without misuse at the time it left answering defendant's supervision and control. 10. Denied. To the contrary, the vehicle at issue is free of defect and fit for its intended use without misuse at the time it left answering defendant's supervision and control. 11. Denied. It is specifically denied that answering defendant made any misrepresentations at anytime relative to the issues herein. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, said allegations are denied. 12. Denied. It is specifically denied that answering defendant made any misrepresentations at any time relative to the issues herein. After reasonable investigation, answering 3 defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, said allegations are denied. 13. Denied. To the contrary, the vehicle at issue herein is free of defect and fit for its intended use without misuse. 14. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, said allegations are denied. 15. Denied. To the contrary, the vehicle at issue is free of defects and non-conformities and fit for its intended use without misuse at the time it left answering defendant's supervision and control. 16. Denied. To the contrary, the vehicle at issue herein is free of defects and non-conformities and fit for its intended use without misuse. 17. Denied. To the contrary, the vehicle at issue is free of defect and fit for its intended use without misuse. 18. Denied. To the contrary, the vehicle at issue is free of defect and fit for its intended use without misuse at the time it left answering defendant's supervision and control. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, said allegations are denied. 19. Denied. To the contrary, the vehicle at issue is free of defect and fit for its intended use without misuse at the time it left answering defendant's supervision and control. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, said allegations are denied. 20. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, said allegations are denied. 21. As to answering defendant, denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, are denied. 22. As to answering defendant, denied. investigation, answering defendant is without information sufficient to form a belief as to allegations of this paragraph and, therefore, are denied. said allegations After reasonable knowledge or the truth of the said allegations COUNT I 23. Answering defendant incorporates its responses to paragraphs 1 through 22 as though each were set forth fully herein at length. 24. The allegations of and, as such, no response is required. allegations of this paragraph are not allegations are denied. 25. Denied. It is specifically denied that answering defendant made any misrepresentations at any time relative to the issues herein. To the contrary, the vehicle at issue is free of defect and fit for its intended use without misuse at the time it left answering defendant's supervision and control. 26. As to answering defendant, the vehicle at issue herein is intended use without misuse. this paragraph are legal conclusions To the extent that the legal conclusions, said denied. To the contrary, free of defect and fit for its 27. The allegations of this paragraph are legal conclusions and, as such, no response is required. To the extent that the allegations of this paragraph are not legal conclusions, said allegations are denied. 28. Denied. It is specifically denied that answering defendant made any misrepresentations at any time relative to the issues herein. To the contrary, the vehicle at issue is free of 6 · defect and fit for its intended use without misuse. 29. Denied. It is specifically denied that answering defendant made any misrepresentations at any time relative issues herein. to the and, allegations of this paragraph are not legal conclusions, said allegations are denied. 31. The allegations of and, as such, no response is required. To the extent that the allegations of this paragraph are not legal conclusions, said allegations are denied. 32. Denied. It is specifically denied that answering defendant made any misrepresentations at any time relative to the issues herein. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, said allegations are denied. 33. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, said allegations are denied. 34. As to answering defendant, denied. Further, the 30. The allegations of this paragraph are legal conclusions as such, no response is required. To the extent that the this paragraph are legal conclusions 7 conduct of answering defendant was reasonable and prudent at all times relative to the issues herein. 35. Answering defendant denies all factual allegations of this paragraph. The remaining allegations of this paragraph are legal conclusions and, as such, no further response is required. WHEREFORE, answering defendant demands judgment in its favor with attorneys fees and other relief which the court may deem just. COUNT II 36. Answering defendant incorporates its responses to paragraphs 1 through 35 as though each were set forth fully herein at length. 37. As to answering defendant, admitted in part; denied in part. It is admitted only that answering defendant provides express, limited, written warranties for new Volkswagen vehicles sold or leased by authorized dealers in the United States. The remaining allegations of this paragraph are denied. 38. As to answering defendant, admitted in part; denied in part. It is admitted only that answering defendant provides express, limited, written warranties for new Volkswagen vehicles sold or leased by authorized dealers in the United States. The remaining allegations of this paragraph are denied. Further, answering defendant did not lease the subject vehicle to plaintiff. 39. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph, and therefore, said allegations are denied. 40. As to the factual allegations of this paragraph, denied. The remaining allegations of this paragraph are legal conclusions and, as such, no further response is required. WHEREFORE, answering defendant demands judgment in its favor with attorney's fees, costs and other relief which the court may deem just. COUNT III 41. Answering defendant incorporates its responses to paragraphs 1 through 40 as though each were set forth fully herein at length. 42. The and, as such, allegations of this paragraph are not legal conclusions, allegations are denied. allegations of this paragraph are legal conclusions no response is required. To the extent that the 43. Denied. is free of defect 44. Denied. is said To the contrary, the vehicle at issue herein and fit for its intended use without misuse. To the contrary, the vehicle at issue herein free of defect and fit for its intended use without misuse. 9 Further, answering defendant did not lease the vehicle to plaintiff. 45. As to the factual allegations of this paragraph, denied. The remaining allegations of this paragraph are legal conclusions and, as such, no further response is required. 46. The allegations of this paragraph are legal conclusions and, as such, no response is required. To the extent that the allegations of this paragraph are not legal conclusions, said allegations are denied. WHEREFORE, answering defendant demands judgment in its favor with attorneys fees, costs and other relief which the court may deem just. herein at 48. COUNT IV 47. Answering defendant incorporates its responses to paragraphs 1 through 46 as though each were set forth fully length. As to answering defendant, denied. To the contrary, the conduct of answering defendant was reasonable and prudent at all times relative to the issues herein. 49. As to answering defendant, denied. To the contrary, the conduct of answering defendant was reasonable and prudent at all times relative to the issues herein. 50. The allegations of this paragraph are legal conclusions 10 and, as such, no response is required. To the extent that the allegations of this paragraph are not legal conclusions, said allegations are denied. WHEREFORE, answering defendant demands judgment in it its favor with attorneys fees, costs and other relief as the court may deem just. COUNT V 51. Answering defendant incorporates its responses to paragraphs 1 through 50 as though each were set forth fully herein at length. 52. As to answering defendant, denied. To the contrary, the conduct of answering defendant was reasonable and prudent at all times relative to the issues herein. 53. As to answering defendant, denied. To the contrary, the conduct of answering defendant was reasonable and prudent at all times relative to the issues herein. 54. As to the factual allegations of this paragraph, denied. The remaining allegations of this paragraph are legal conclusions and, as such, no further response is required. WHEREFORE, answering defendant demands judgment in its favor with attorneys fees, costs and other relief as the court may deem just. NEW MATTER 55. The allegations described in plaintiff's complaint were caused by the actions of plaintiff which acts amount to negligence, assumption of the risk, superseding cause and misuse of the product. 56. The Comparative Negligence Act of the Commonwealth of Pennsylvania partially applies to this cause to reduce and/or eliminate plaintiff's cause of action. 57. Plaintiff's sole rights, if any, are governed by the terms, provisions, remedies and limitations set forth in the limited, express, written warranties which were provided at the time of the lease of the subject vehicle. 58. Answering defendant did not sell or lease the subject vehicle to plaintiff and cannot be held liable for revocation of acceptance. 59. The damages allegedly sustained by plaintiff are the result of negligent actions or omissions of other individuals or entities and are due in no part to a breach of any warranty or to the conduct of answering defendant. 60. Upon information and belief, plaintiff subjected the vehicle at issue to abuse, misuse and/or may have been negligent relative to the use, maintenance and service of the vehicle at issue, thus causing the vehicle behavior alleged in the Complaint. 12 61. Plaintiff's complaints concerning certain operational characteristics of the subject vehicle, if proven to be true, do not substantially impair the use, value or safety of the vehicle. 62. Plaintiff's complaint fails to state a cause of action upon which relief can be granted against answering defendant. 63. If it is determined that plaintiff is entitled to a refund of the lease price of the vehicle in question, then answering defendant is entitled to a recoupment of the vehicle. 64. Upon information and belief, plaintiff has not complied with the specific terms of the vehicle's warranty prior to filing this action and, thus, is not authorized under the terms of the warranty to bring this action. 65. All demands for consequential and out-of-pocket expenses are precluded by the terms of the vehicle's express, limited, written warranties. 66. Upon information and belief, plaintiff,s claims are precluded by the equitable doctrines of laches, waiver and/or estoppel. 67. Upon information and belief, the vehicle was modified by third parties which acts as a superseding cause as to any claim against answering defendant. 68. Upon information and belief, the statute of limitations bars all of plaintiff's claims herein. ]3 69. Upon information and belief, the complaint must be dismissed since plaintiff's claims have been discharged in compliance with the doctrine of accord and satisfaction and/or the execution of a written release between the parties. WHEREFORE, answering defendant demands judgment in its favor with attorneys fees, costs and other awards which the Court may deem just. LAW OFFICES OF RAYMOND T. LE BON, Attorneys for Defendant Volkswagen of America, Inc. ' MON~ T. LE BON, ESQUIRE ]4 VERIFICATION RAYMOND T. LE BON, ESQUIRE, verifies that he is an attorney representing Volkswagen of America, Inc.; that he is authorized to make this verification; and that the statements made in the foregoing Answer with New Matter of Volkswagen of America, Inc. are true and correct to the best of his knowledge, information and belief. The undersigned understands that false statements made herein are subject to the penalties of 18 PA. C.S. § 4904, relating to unsworn falsification to authorities. DATE: O~D T.-~E BON; ESQUIRE CERTIFICATE OF SERVICE I, CAROLE KOGAN, secretary to RAYMOND T. LE BON, ESQUIRE, hereby certify that a copy of Defendant Volkswagen of America, Inc.'s Answer with New Matter has been served on the following individual(s) by Federal Express this date to: Kevin S. Baker 1917 Wexford Road Palmyra, PA 17078 and by Regular Mail, postage pre-paid to: John F. Yaninek, Esq. Metre, Evans & Woodside 3401 N. Front St. P. O. Box 5950 Harisburg, PA 17110-0950 CAR~J~N~ DATE: ! ~d /G z ID: ctfofsvc LAW OFFICES OF RAYMOND T. LE BON, BY: Raymond T. Le Bon, Esquire I.D. No.: 49384 1819 J.F.K. Boulevard Suite 300 Philadelphia, PA 19103 (215) 569 9860 ATTORNEY FOR DEFENDANT VOLKSWAGEN OF AMERICA, INC. KEVIN S. BAKER COURT OF COMMON PLEAS CUMBERLAND COUNTY CUMBERLAND VALLEY MOTORS AND VOLKSWAGEN OF AMERICA, INC. NO.: 01-6252 DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Volkswagen of America, Inc. hereby demands a trial by jury. LAW OFFICES OF RAYMOND T. LE BON, P.C. RAYMC~D T. LE BON, ESQUIRE LAW OFFICES OF RAYMOND T. LE BON, BY: Raymond T. Le Bon, Esquire I.D. No.: 49384 1819 J.F.K. Boulevard Suite 300 Philadelphia, PA 19103 (215) 569 9860 ATTORNEY FOR DEFENDANT VOLKSWAGEN OF AMERICA, INC. KEVIN S. BAKER COURT OF COMMON PLEAS CUMBERLAND COUNTY CUMBERLAND VALLEY MOTORS AND VOLKSWAGEN OF AMERICA, INC. : NO.: 01-6252 ~NTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant Volkswagen of America, Inc. in the above matter. ~D T. LE BON, ESQUIRE LAW OFFICES OF RAYMOND T. LE BON, BY: RAYMOND T. LE BON I.D. NO. 49384 1819 J. F. K. BOULEVARD, SUITE 300 PHILADELPHIA, PA 19103 (215) 569 9860 ATTORNEY FOR DEFENDANT, VOLKSWAGEN OF AMERICA, KEVIN S. BAKER Vo CUMBERLAND VALLEY MOTORS AND VOLKSWAGEN OF AMERICA, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 01-6252 INC. PRAECIPE FOR SUBSTITUTION OF VERIFICATION TO THE PROTHONOTARY: Kindly substitute the Verification of Robert Cameron, Manager, Product Liaison of Volkswagen of America for the Verification of Raymond T. Le Bon which was attached to the Answer with New Matter of Defendant Volkswagen of America, to Plaintiff's Complaint which was filed with the Court on December 11, 2001. LAW OFFICES OF RAYMOND T. LE BON, Attorney for Defendant, Volkswagen of America, Inc. RaymOnd T. Le Bon Inc. DOC#: 37913 STATE OF NEW JERSEY : : SS COUNTY OF BERGEN : ROBERT CAMERON, being duly sworn, deposes and says: I am Manager, Product Liaison of Volkswagen of America, Inc., a defendant in the within matter and I am authorized to sign this verification. I have read the foregoing Answer with New Matter and I am familiar with the contents thereof. I certify that the foregoing is true of my own knowledge, with the exception of those matters stated to be upon information and belief, and as to those matters, I believe them to be true. ROBERT CAMERON Sworn to and subscribed before me this/~ay Notary ~u~I~CV m~i~ ~ ~ 23, 20C~, ID: C~F baker LAW OFFICES OF P~AYMOND T. LE BON, BY: Raymond T. Le Bon, Esquire I.D. No.: 49384 1819 J.F.K. Blvd., Suite 300 Philadelphia, PA 19103 (215) 569-9860 KEVIN S. BAKER : VOLKSWAGEN OF AMERICA, INC. : P.C ATTORNEY FOR DEFENDANT VOLKSWAGEN OF AMERICA, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 01-6252 INC. TO THE PROTHONOT~kRY: WITHDP~AWAL OF APPEARANCE Kindly withdraw my appearance on behalf of defendant Volkswagen of America, Inc. in the above referenced matter. LAW OFFICES OF RAYMOND T. LE BON, P.C. Attorney for Defendant Volkswagen of America, Inc. ~ay~nor~ T. h~ Bo~, Esquire TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Volkswagen of America, Inc. in the above referenced matter. GETSON & SCHATZ, P.C. Attorn~r Defendant Volks~a~' of Americ~/fnc/ B/Y /Robert B. B. Schatz', Esquire ~/ Identification No. 17209 1819 J.F.K. Blvd., Suite 300 Philadelphia, PA 19103 (215) 546-3030 KEVIN S. BAKER, Plaintiff CUMBERLAND VALLEY MOTORS and VOLKSWAGEN OF AMERICA, INC., Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 01-6252 CIVIL ACTION - LAW WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant Cumberland Valley Motors in the above-referenced matter. METTE, EVANS & WOODSIDE Date: By: Cumberland Valley Motors ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Cumberland Valley Motors in the above-referenced matter. 1819 J.F.K. Blvd., Suite 300 Philadelphia, PA 19103 (215) 564-3030 Attorney for Defendant Cumberland Valley Motors :289206 _1 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Kevin S. Baker 1917 Wexford Road Palmyra, PA 17078 Robert B. B. Schatz, Esquire Getson & Schatz, P.C. 1819 J.F.K. Blvd., Suite 300 Philadelphia, PA 19103 By: METTE, EVANS & WOODSIDE suP. Ct. I.D. #557~1 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 DATED: March 28, 2002 GETSON & SCHATZ, P.C. BY: Robert B. B. Schatz, Esquire I.D. No.: 17209 230 South Broad Street Suite 1001 Philadelphia, PA 19102 (215) 520 4000 KEVIN S. BAKER ATTORNEYS FOR DEFENDANT VOLKSWAGEN OF AMERICA, INC. COURT (DF COMMON PLEAS CUMBERLAND COUNTY Y. " CUMBERLAND VALLEY MOTORS AND VOLKSWAGEN OF AMERICA, INC. : NO. 01-6252 NOTICE OF CHANGE OF ADDRESS Please note the following change for defendant's attorney in this case: Dated: ROBERT B. B. SCHATZ 230 South Broad Street Suite 1001 Philadelphia, PA 19102 Phone: (215) 520 4000 Fax: (215) 520 4001