Loading...
HomeMy WebLinkAbout04-0897Craig S. Boyd, Esquire Jeffrey R. Boyd, Esquire BOYD & KARVER 7 East Philadelphia Avenue Boyertown, PA 19512 (610)367-2148 Atty. ID # 19477 Atty. ID # 89033 Attorneys for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION LARRY D. WRENFROW, JR. Plaintiff VS. BRENNER CHRYSLER JEEP L.L.C. Defendant : NO. Oq NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your 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. NAME: ADDRESS: CITY: TELEPHONE: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 24%3166 Craig S. Boyd, Esquire Jeffrey R. Boyd, Esquire BOYD & KARVER 7 East Philadelphia Avenue Boyertown, PA 19512 (610)367-2148 Atty. ID # 19477 Atty. ID # 89033 Attorneys for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LARRY D. WRENFROW, JR. Plaintiff VS, BRENNER CHRYSLER JEEP L.L.C. Defendant COMPLAINT 1. The amount in controversy is less than $50,000.00 inclusive of interest and costs. 2. The Plaintiff, LARRY D. WRENFROW, JR., was a Pennsylvania resident living in Douglassville, Pennsylvania at the time of the incident involved herein. Subsequent to his purchase of the vehicle, Plaintiff has relocated to Michigan and currently resides at 347 N. Main Street, Lawrence, Michigan 49064. 3. The Defendant, BRENNER CHRYSLER JEEP L.L.C., is a Pennsylvania Limited Liability Company, with its principal place of business located at 6039 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 4. On or about December 17, 2002, the Plaintiff contracted with the Defendant to purchase a 2000 Chevrolet Blazer with 17,421 miles offofDefendant's lot. A copy of an additional Service Contract that evidences the odometer reading of 17,421 is attached hereto, made a part hereof and marked as Exhibit "A". 5. It was later discovered through the State of Delaware Motor Vehicle and Licensing System and Carfax that the mileage for this vehicle was recorded on 9/18/2002 as 24,986 miles. A copy of the Carfax is attached hereto, made a part hereof and marked as Exhibit 6. Obviously, this is a great discrepancy to the recorded value of 17,120 miles on 12/23/2002 and 17,421 miles on 12/31/02. (See Exhibit "B" page 5). 7. It is alleged that the vehicle had its miles rolled back at least 7,866 miles. (See Exhibit "B" page 3). 8. The Defendant knew or should have known through a reasonable investigation that disclosing the mileage to the Defendant as 17,421 miles was incorrect. 9. Misstating the mileage unjustly increases the car's value to a prospective buyer like the Plaintiff. 10. The Plaintiff relied on the disclosure of the Defendant in purchasing the vehicle, believing that the vehicle has fewer miles than it actually had. 11. Since the purchase of the vehicle, the Plaintiff has encountered many problems with the vehicle that normally wouldn't be encountered with the current odometer reading in the vehicle. 12. Because the vehicle has many more miles than show on its odometer, the Plaintiff has been forced to repair the vehicle many times. None of the work was covered under the warranty. Copies of the paid receipts for the repairs are attached hereto, made a part hereof and marked as Exhibit "C". 13. The Plaintiff was also forced to expend money for a rental car while his vehicle was in for repairs. Copies of Plaintiff's rental car charges are attached hereto, made a part hereof and marked as Exhibit "D". 14. The Plaintiff requests this Honorable Court grant him damages equivalent to the $2,000 down payment for the vehicle, $371 per month in payments since December of 2002, $1,113 for the extended warranty, $1,000 for the repairs and rental car charges and punitive damages for fraud. COUNT I NEGLIGENT MISREPRESENTATION 15. Plaintiff incorporates by reference as fully as if set forth at length the allegations of paragraphs 1 through 14, above. 16. The Defendant owed a duty as seller of vehicles to a purchaser, the Plaintiff, to properly disclose the "actual" mileage of a vehicle that is sold. 17. Defendant breached that duty owed to the Plaintiffby unjustly disclosing the mileage as substantially lower than was listed with the State of Delaware Motor Vehicle and Licensing System and Carfax. 18. The Defendant improperly sold the vehicle to the Plaintiff at a higher purchase price than would be offered if the car were sold with its actual mileage shown. 19. Here, the Defendant is in a position to know, as a dealer of automobiles, the "actual" mileage on a vehicle by conducting a vehicle search, and disclosing the improper mount is negligent in that the Plaintiff relied on their misrepresentation when he purchased the vehicle. 20. Plaintiff has made demand upon Defendant to accept the return of the vehicle and return his money, however, the Defendant has refused to do so. 21. Plaintiff seeks the return of all monies paid to Defendant on account of the contract, and seeks damages as set forth in paragraph 14. WHEREFORE, the Plaintiff requests this Honorable Court to enter an Order requiring the Defendant to accept the vehicle and pay damages as set forth under paragraph 14. COUNT II FRAUDULENT MISREPRESENTATION 22. Plaintiffincorporates by reference as fully as if set forth at length the allegations of paragraphs 1 through 21, above. 23. A false representation was made when the Defendant incorrectly disclosed the vehicle's mileage to be 17,421 to the Plaintiff. 24. The vehicle's mileage is material to the transaction, and the law has provided the disclosure statement requirement to protect buyers from this type of behavior. 25. The incorrect mileage was disclosed with knowledge of its falsity or reckless disregard as to whether it was true or false. 26. The Plalntiffwas induced to purchase the vehicle with the intention by the Defendant to deceive the Plaintiff as to the vehicle's "actual" mileage. 27. This representation of lower mileage was justifiably relied upon by the Plaintiff. 28. This representation by the Defendant and the Plaintiffs reliance thereon proximately caused the Plaintiff to suffer damages. WHEREFORE, the Plaintiff requests this Honorable Court to enter an Order requiring the Defendant to accept the vehicle and pay damages as set forth under paragraph 14. The Plaintiff also requests punitive damages based on the fraud alleged. COUNT III UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW VIOLATION OF 75 Pa.C.S.A. ~ 7138 AND ~ 7139 29. Plaintiffincorporates by reference as fully as if set forth at length the allegations of paragraphs 1 through 28, above. 30. Pursuant to 75 Pa.C.S.A. fi 7138, a person who, with intent to defraud, violates any requirement shall be liable in an amount equal to the sum of three times the amount of actual damages or $3,000, whichever is greater, and, in the case of any successful action to enforce this liability, the costs of the action together with reasonable attorney fees as determined by the Court. 31. The Defendant violated this provision by intentionally altering the reading on the odometer, or in the alternative by not detecting the alteration by researching the vehicle's history, before presenting false information to the Plaintiff. 32. Pursuant to 75 Pa.C.S.A. ~ 7139, a person who knowingly and willfully commits any act or causes to be done any act that violates any provision of the act or knowingly and willfully omits to do any act or causes to be omitted any act that is required by any such provision commits a felony of the third degree. WHEREFORE, the Plaintiff demands judgment pursuant to 75 Pa.C.S.A. ~ 7138(a) and pursuant to 75 Pa.C.S.A. q 7139(b). Respectfully submitted, Attorney for the Plain~iff 7 East Philadelphia 2~enue Boyertown, PA 19512 (610) 367-2148 VERIFICATION I, LARRY D. WRENFROW ,vefifythatIamthe Plaintiff in the foregoing Complaint , and that the facts set forth therein are true and correct to the best of my knowledge or information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Date: 3-1-04 VEHICLE IDENTIRCATION NO. yEAR MAKE / M..ODEL ADDRESS 839 L !L~r~ CITY DAIMLERCHRYSLER SERWCE CONTRACT APPLiCATiON 'IN-SERVICE DATE ~[; .QR 4-WHEI-'I D,.~ j PRODUDT CODE ODOMETER READING AND TYPE ES g NO JNOT~THS) IN~ PURCHASER'S ~ST NAME OR COMPANY NAME ADDRESS LINE 2 STATE ZIP CODE PLUS 4 ~ELEPHONE ~O. PLAN NAME PLAN CODE CU~QiVi~ FAID AMOL~T SALES TAX TOTAL k~ciHO0 AMOUNT DOYVN AMOUNT RNANCED TOTALS FILL IN DEDUCTIBLE AMOUNT $ ! ~ ~ ' '~ ~ CHECK BOX for ~ !a~e. 6e ROAD HAZARD TIRE PROTECTION OPTION · A · Ir ?~X R-DEALER RAPID REMITTANCE EXEMPT PAYMENT PLAN [] · A-DF. ALER PAYMENT PLAN PLAN SALE DATE THE TiME AND MILEAGE LIMITS OF ALL NEON VEHICLE pLANS BEGIN FINANCE SOURCE (COMPLETE ONLY IF PLAN(S) FINANCED WITH VEHICLE) THE DATE THE VEHICLE WAS F RST pLJT IN SERV CB AND AT '~" M LES } IMRORTANT~NOTICE TO~PURCHASER ...... '~' -~'~ ~'~"--" PTI.} ~ Your s!gMamlr~,~m~e plan and the actual service conb'act indicated above has been reviewed by you and, ffyour apptlcaflon ts apprevecl by Oaimle~Chrysler Serv ce Contracts, you accept its terms and cond~ons. Pre-Owned vehicle plans MUST be purchased at time of vehicle sale or within the 3 month / 3,000 mile Limited Warranty period. This service contract is not required to pumhase or finance a motor vehicle. New and Pre-owned vehicle service con,'acts are trans/erable to subsequent purchasers prior to expiration date or mileage with contract owner's authorization. *NOTE: WHEN THERE IS AN EXISTING WARRANTY ON A VEHICLE, THE CONTRACT TERM W~LL iNCLUDE THE WARRANTY PE~OD. REFER TO YOUR CONTRACT PROVISIONS FOR A DEFINITION OF "IN-SERVICE" DATE. / OATE I [~I~.7/~ PURCHASER'S ,?'~.~(~ ' ' ' STREET ADDRESS~ CITY, STATE & ZiP tNiPOBTANT NOTICE TO DEALER ...... Your signature on this form signifies that: (1) This vehicle qualifies for the service contract; (S) You have reviewed the service contract with the purchaser; (3) You have delivered a copy of this form to the purchaser [or the amount you have recorded on the form; (4) You wig provide service to the purchaser in accordance wl~t-,~he provsons of he servce-cont act OalmlerChrysJer wilJ issue to the purchaser; (5) You have reviewed the DalmierChrys[er Service Contracts Dealer Guide and agree to abJde:~y the poicles and procedures spec ed therein. (6) Btam erChrysfe may set Gff any money it owei you to e ITthurst for any claim due to a breach of r~T~resentations. -~ ' SALESPERSON NAME lEtl?,~E AUTHORIZED . ':~ ~' ~ > - DEAL~RS[GNATURE'X ~ ~ ""' ~ DATE "~' II~PORTANT! Tile fNIOWthg vehicle~ are not eligrole for a DaimtelChryMer Se~'ice ~ootmct: Vehicles equipped with ~ght hand drive motor ber~es; '~icles plaoed n ~ o I mouslne sew ce (excep vehic es plaCed [n v~n pool service; '~hicles used for emergency ~ervice, ambulance towing e~d police service; vehicles used Or ~ e,[, Snow p (~w', dump truck serv ce o sewre off-road use vehicles altered or convenec from the edginal manufacturer's sbecificafione) vehalfas cooverted from ~ to four-wheel drive; vehicles egutpped ~ a dies'el, engine except Dalmle~Chryale~ Ford, and GM vehicles); vehicles that ogemte on ethel tha~ gasmfae or diesel f~el systems (ie., ~atural gas, electric, ~'¢brid gaS/electric v~hloleS)' Vehis~es with a gross vehicle weight ra~'fig~(~'W R) of over 14,000 pounds; ved~es not used i~ accordance w~th manufactur ers specifications for paylOad a~d/or towing ceph. city;, any 'vehicle that is declared to be ~ tree) less, or is issued a cert~cate of title IndicMing that it is designated as 'salvage", "junk', "rebui~ff or ~,~rds of similar impact vehisies where the factory warranty bas been v61ded or restricted by the manufacturer, 'Vehicles equipped f~r snow plow are eligible for plan coverage o~ly with the new saow plow tpJCk coverage plans, The) --must ha~e snow i~ow prep packa)~cy, ag~e sales C~de "ARD." Otherwl~,they e, re not e)ieug~ible. TOLL-FREE TELEPHONE ASSISTANCE IS AVAILABLE 8:30 A.M. THRU NOON OR 1:00 RM. THRU 5:00 P.M. EASTERN TIME MONDAY THRU FRIDAY. 1-800-521-9922 FL. I JO eALO0427 · ~,.//www. carthxonline.com/cfr~dealer_order, cfm CARFAX' VEHICLE HISTORY REPORTTM Pottstown Honda Pottstown, PA 19464 CAP, FAX is the leading independent provider of: Vehicle History in~orrrtatlon. Its comprehensive database contains more than 2.16 billion vehicle history records from more than 4t000 different public and private sources. Use CARFAX so you can make a Petter decision about your next used car. REPORT SUMMARY Report GOOD NEWS - CARFAX Certified History - Guaranteedl This 2000 CHEVROLET BLAZER (IGNDTI3WtY2t09959) qualifies for the CARFAX Certified History, a guarantee worth up to $5,000 that protects you from buying a vehicle with severe damage, mileage fraud, or Lemon history. 1. ACCIDENT CHECK Total Loss Check Other Accident indicators 2. MILEAGE ACCURACY CHECK Truth-In-Mileage Check Odometer Rollback Check 3. LEMON CHECK® 4. OWNERSHIP CHECK Number of Owners Type of Owners $. RECALL CHECK IDETAILED VEHICLE HISTORY I~ No Severe Accidents Reported to DMV -~UAP, ANTEED! ~) No Accident Indicators Reported No Odometer Problems Reported to DMV - GUARANTEED! Potential Odometer Rollback Detected No Manufacturer Buyback Reported to DMV - GUARANTEED! I~ 3 Estimated Owner(s) O Originally Registered as a Commercial Lease Vehicle O CHEVROLET does not report recalls to CARFAX 6 HISTORY RECORDs REPORTED CARFAX does not inspect vehicles. This vehicle may have problems that have not peen reported to CARFAX. A vehicle inspection is recommended, How CAR.FAX analyzed this vehicle's history, CARFAX SAFETY & REUABIUTY REPORT TM Display Re;,o~ ~ PrirA Report Today's leading safety and reliability information for the 2000 CHEVROLET BLAZER all in one report. Click on the link below to view your FREE report. ~_AFETY & P~E~BIL_I.TY R~PO_R~ (~ Crash Tests, Reliability Ratings, Theft Ratings and more.., VEHICLE DrE$CR[~PTION Year/Make/Model: 2000 CHEVROLET BLAZER Body S~/le: 4 DR. WAGON/SPORT UTILITY CARFAX Vehicle History Report on lGNDT13W1Y2109959 I Page I of 7 http://www, caffaxonl~ne.coroJcf~n/dealer_order.cfm 8/29/2003 Efigine: Fuel: Driveline: Manufactured in: Safety Equipment: Standard Equipment: 4.3L V6 CPI OHV 12V GASOLINE 4 WHEEL DRIVE UNITED STATES 4 wheel ABS, Running Lights, Dual front air bags/active (manual) belts Power Windows Optional, Power Steering, Air Conditioning, AM / FM Cassette, Power Brakes, Tilt Wheel Optional U ACCIDENT CHECK Total Loss Check: GOOD NEWS! This 2000 CHEVROLET BLAZER (1GNDT13W1Y2109959) has had no severe accidents or other total loss events reported to CARFAX from a Department of Motor Vehicles (DMV). This vehicle qualifies for the CARFAX Certified History, a guarantee worth up to $5,000. (~ No Salvac;e Title Reported (~ No Junk Title Reported (~) No Rebuilt/Reconstructed Title Reported (~ No _Dismantled Title Reported ~ No Loss Due To Fire Title Reported ~ No ?lood Damacle Title Reported ~ No Hail Damage Title Reported {~ No Canadian Total Loss Record Reported Other Accident Indicators: This 2000 CHEVROLET BLAZER (1GNDT13W1Y2109959) has had no accident indicators reported to CARFAX from Jta sources. This section checks for accidents and/or related damage reported from many public and private sources. Not all accidents are reported to CARFAX. A vehicle inspection completed by your dealer or professional mechanic is recommended. ~ No Salvacle Auction_ Record Reported (~ No Fire Damage Record Reported (~ No Police Accident Record Reported ~ No Crash Test Vehicl~e Record Reported No Airbag Deployment Record Reported ~: No Damage Disclosurff Record Reported CARFAX depends on public and private sources for/ts accident data. Each one of these sources has different processing times. CARFAX can only report what is in our database on 29.Aug.2003 14:04:05. New data will result in a change to this report. Accident Check FAQs: How ~ARF~X Cus omers s this section J I~clairns on CARF~X~ I ~_.ent reeorls I Accident sta~t~.~ Glossar~ MILEAGE ACCURACY CHECK Pri~: Report Truth-In-Mileage Check: CARFAX Vehicle History Report on 1GNDT 13W1 Y2109959 Page 2 of 7 nap://www, caffaxonline.com/cfm/dealer_order, efm 8/29/2003 G GOOD NEWS! This 2000 CHEVROLET BLAZER (1GNDT13W1Y2109959) has had no odometer problems reported to CARFAX from a Department of Motor Vehicles (DMV) under the Truth-In- Mileage Act. This vehicle qualifies for the CARFAX Certified History, a guarantee worth up to $5,000. ~.~ No Not Actual Mileaqe Title Reported G No E×caeds Mechanical Limits Title Reported Odometer Rollback Check: ALERT! CARFAX uncovered a potential odometer rollback for this 2000 CHEVROLET BLAZER (1GNDT13W1Y2109959). CALCULATION: POTENTIAL ODOMETER ROLLBACK On 09/18/2002 the reported mileage was: 24,986 miles On 12123/2002 the reported mileage was: 17,120 miles Th~s represents · mileage decrease of: 7,$66 m~es NOTE: Information supplied to CARFAX indicates the above odometer readings may not reflect this vehicle's actual mileage, CARFAX depends on its sources to provide reliable information and works diligently to ensure the quality of its Reports. In this case, we recommend you contact the seller or a qualified mechanic to vedfy this vehicle's actual mileage, Mileage Accuracy Check FAQs: H RFAX u mars use this sectJo-n I Truth-ln-Miiea~3e Act I Rollbacl($ vs. n:)llovers I men do vo~Lflao a rollback? LEMON CHECK' Prin~ Re~ort ~ GOOD NEWSI This 2000 CHEVROLET BLAZER (1GNDT13W1Y2109959) has had no Manufacturer Buyback (LEMON) reported to CARFAX from a Department of Motor Vehicles (DMV). This vehicle qualifies for the CARFAX ~ifi_ed History_, a guarantee worth up to $5,000. Lemon Check FAQa: '~ How CARFAX Customem use this section { What is a Manufacturer Buyback? I How c~n I g~t~ Glossa~ OWNERSHIP CHECK prir~: Report Ownership H~story: CARFAX estimates that this 2000 CHEVROLET BLAZER (1GNDTI3W1Y2109959) has had 3 owner(s). CARFAX analyzed this vehicle's title history and other supporting events to identify potential ownership transfers, in compliance with the U.S. pdvac¥ law_s, CARFAX does not collect or report owner names or addresses. Estimated Owners: Date: Location: CARFAX Vehicle History Report on 1GNDT13W1Y2109959 Page 3 of 7 ~,~,., ~ ~ w.~arsaxonlme.com/cfr~dealer_order, cfm 8/29/2003 1st owner 01/29/2000 Delaware 2nd owner 09/18/2002 Delaware 3rd owner 12/23/2002 Pennsylvania Types of Owners: This 2000 CHEVROLET BLAZER (1GNDT13W1Y2109959) was originally registered as a Commercial Lease Vehicle. No Pdvate Use Registration Reported Lease Registration Reported No Rental Registration Reported No Government Registration Reported No Taxi Registration Reported No Fleet Registration Reported Commercia! Registration Reported No Non-Profit Registration Reported No Built to Non U.S. Standards Record Reported Ownemhlp Check FAQs: HOW CARFAX Customers use this section I No owner names or addresses, why? I Differences between re istratl ns. ~les. a~d # of owners? Identlfyin~ Glosse~Z RECAI.L CHECK Print Report O C HEVROLET does not report recall information for specific vehicles to CARFAX. Go to the CARFAX SAFETY & RELIABILITY REPOR~_T for recalls issued by the National Highway Traffic Safety Administration for the 2000 CHEVROLET BLAZER. You can also contact an authorized dealership or CHEVROLET at 1-800-222-1020 to find out if this 2000 CHEVROLET BLAZER (1GNDTI3W1Y2109959) still has recalls that require repair. Recall Check FAQs: How CARFAZ Customers use thins _s~c~iop J Sources of recall data J C_AR FA~iA_~I _s vs. NHTS_A recalls DETAILED VEHICLE HISTORY CARFAX searched more than 2.16 billion records from more than 4,000 different public and private sources and found 6 record(s) for this 2000 CHEVROLET BLAZER (1GNDTI3WlY2109959). Date: Mileage Reading: Source: General Comments: 01/29/2000 225 Delaware Motor Vehicle Dept. Wilmington, DE Title or registration issued First owner reported 01/29/2000 Delaware CARFAX Vehicle History Report on 1GNDT13WlY2109959 Registered as Page 4 of 7 8/29/2003 ~ ~omme.comgcfn~dealer_order.cfm Motor Vehicle Dept. Wilmington, DE commercial lease vehicle 09/18/2002 11/15/2002 Motor Vehicle Dept. Wilmington, DE Title #U0481581 Delaware Motor Vehicle Dept. ~fle ~U0481581 12/23/2002 17,120 Pennsylvania Motor Vehicle Dept. Mechanicsburg, PA Title #57921677BR02 12/31/2002 17,421 Pennsylvania Motor Vehicle Dept. DouglassvJlle, PA Title #57921677WR03 Detailed Vehicle History Definitions: Title issued New owner reported Registered as lease vehicle Title issued Registered as lease vehicle Title issued New owner reported POTENTIAL ODOMETER ROLLBACK · Commercial Vehicle was registered for business pqrposesi ,, Flint Owner '~ '~ When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership. · Lease lq,o~qS When someone leases a car from a dealer, the dealer actually sells the vehicle to a leasing company. The leasing company then collects payments for the vehicle from the new owner for 24, 36, 48 or more A leasing company can be an independent car dealer or a car manufacturer. Odometer Rollback If a more recent odometer reading is less than an older reading, then the odometer may have been "rolled bacK" This is an indicator of mileage fraud. '; New Owner Repotted When a vehicle is sold to a new owner, the Title must be transferred to the new owner(s) at a Department of Motor Vehicles. Detaitad Vehicle History FAQs: How CARFAX Customers use this section I ~v~fli¢le his~ I Rep0~ng ad error to CARFAX CARFAX Certified is Guaranteed up to CARFAX Vehicle History Report on 1GNDT13W1Y2109959 Page 5 of 7 _~ .......... ~o~laxomme.corrffcfm/dealer_order.cfra 8/29/2003 A C,~RFAX Certified History guarantees that this vehicle has none of the problem titles shown below. you discover any of these problems during the next three years, CARFAX will pay you 10% of the vehicle's wholesale value - up to $$,0001 This coverage is valid from 0812912003 through 0812912006 and is transferable to a new owner during this period. 2000 CHEVROLET BLAZER 1 GNDT'I 3W1Y2109959 Protection From: · Salvage Title · Junk Title · Rebuilt/Reconstructed Title · Dismantled Title · Loss Due to Fire Title · Flood Damage Title · Hail Damage Title · Total Loss (Canada) · Manufacturer Buyback (Lemon) Title · Exceeds Mechanical Limits Title · Not Actual Mileage Title Register your FREE Sa,O00 CARFAX Certified Hlstor~ Guarantee Todayl www.carfax.¢om/re~ *CARFAX agrees to pay to the holder of this report 10% of the wholesale value of the vehicle, up to $5,000 If this report indicates it qualifies as e CARFAX Certffied History and a Branded Title actually exists for this vehicle. A Branded TIUe is defined as a passenger motor vehicle ownership document issued by any of the 50 states of the U,S, (or the District of Columbia) or any province of Canada that bears words or symbols signifying that the vehicle wes aalvaged or Junked; dJsmenUed; rebuilt or reconstructed; flood damaged; fire damaged; hall damaged; bought back by the manufacturer; odometer exceeds mechanical limits; odometer waa not the actual mileage; declared e total loss (Canada only), or bears any other symbol or word of like kind. This Certificate along with corresponding fuU report must be presented in order to be eligible for payment. Terms and Conditionj. CARFAX INFORMATION SERVICES Prirfc Report CARFAX SAFETY & RELIABILITY REPORT CARFAX collected the industry's leading safety and reliability information for the 2000 CHEVROLET BLAZER into one convenient report. ~,~, ~.~?::~ Safe TeenDdving Tips_ Get FREE weekly teen ddving tips and information from the CARFAX Safe Teen Drivers Program. CARFAX Certifie~t Cars Still looking for the perfect CHEVROLET BLAZER? ~Check out a list of them in your area. CARFAX Disclaimer: CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION. THEREFORE, NO RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT. CARFAX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CARFAX® Contact Customer Service © 2003 CARFAX, inc., an R.L. Polk & Co. company. All rights reserved. CARFAX Vehicle History Report on IGNDT13W1Y2109959 Page 6 of 7 , .Wjr~ ~,j~FROW / MILLINIUM WA~R 32849 Red Arrow Hwy. Paw Paw, MI 49079 [616) 657-5521 0i/i2/04 0 [0000 oo~oo/oo os ol/i4/o~ ~E~/~ROW / MILLINIUM WA~R oo/oo/oo oi/l~/o4 32849 Red Arrow Hwy. Paw Paw, Mi 49079 (616) 657-5§21 PAGE oooo 02 } 0o/00/00 00:00 01 ol/1~/04 6554413 3 16'~ 'OZL A~-~ FILTE~I. :, : .. ~EC MA3',NT '.. " ~1 LQ~ .:~' ~ ' . M:A"': ' '6.~ . . :.' ~.' ~ ~ " 6.~4' .' . ..: . : ~o~h~ P~S . . : · .. '..' t~'..o[. N~ ~I~ A~ · .. '' '~ ~a ~'038~L ~ :'.. .: .... : ~ : ""' ~""': ~"": ~'~' '":' ~.63. ...... . ,~ ......... , ...... ~ ~ · . B0.63 .............. ~.~ .......... BiLL t~ - ' . .. 9~ ~T~C " ' ' '~ "' ~ A:" ' · '" 89:70 '&~ ~ . . . N2O~ ~. :' ' ' ' ' ' ' '.' . ~ ~R ' c~ · · ~5o5~3' .-'~. ' : ~ : . ..... ' . ~T~ ~S ~os.~' " ~l~b ~ODE ' . :' ~.:.: ' '' :~T~. ." ' ' ' 100.00 M~g~ :06 ' ' M,A' · · · '. .. .: . ~8.2.~ ~o~o~. '.'. . ,.. ... : :' .".'::,":',. ,,,'~T~.[~o[.' ''3~.~...'t~ z~9"O~S~'.;'S/"~ ' ': ' ~' : ":'' ~: ' .3'i8. ~=. -' . .1' Our Busines~ Is Saving Your 6usiness Money.~ MANAGER dACE HXCKEY C 289 ) 323 - 2700 CFAX-N-PULL) FAX C259) 323 - 2894 PORTAGE, N! 12/20/03 15:37 5034 6661 001 ¥ HENSER 101-10104558481 THFINK YOU, LARRY 0 klRENFRON 979011 SEE COUPON 0.00 N 367903 235/75 TKO 95,86 T 230281 OZSP CHARGE 1,00 T 367903 235/75 TKO 95.86 T 230281 i'IZSP CHARGE 1. O0 T 367903 235/76 TKO 95.86 T 230281 D]'SP CHARGE I 1. O0 T 367903 235/75 TKO 95,~ T 230281 I~ZSP CHARGE t 1.00 T SUIiTOTRL / 387.'14 VL 230281 OZSP CHARGE ~ 1,00-T 230281 OZSP CHARGE / 1,00 T VL 230281 OZSP CHF~RGE ~ 1. O0~T VL 230281 DZSP CHARGE 1. OO-T VL 230281 GZSP CHARGE 1,00-T VL 230281 OZSP CHARGE 1.00-T SUBTOTAL 383,44 8USTOTAL 383.44 5 TZRE ZNSTRLL 9. O0 N 5 TZRE ZNSTRLL 9,00 N 6 TZRE ZNSTALL 9. O0 N 5 TZRE ZNSTALL % 9,00 N SUaTOTAL 419,44 SUBTOTAL 419.44 TAX I 6.000 X 23,01 TOTAL 442.45 SANS P CREDZT 442,45 aCCOUNT ~ 84~ aPPROVaL ~ 00164~ CHANGE OUE O. O0 # ZTEHS SOLO 8 TC:I 9994 9057 0570 1578 9183 8 UPGI~IDE TO PLUS TODAY - ASK US HOH 12/20/03 15: 39: 08 a~# MEHBER COPY DATE NAME 12-20-2003 WRENFROW, LARRY D YEAR 2000 LICENSE PZ 9T72 SERVICES [ 4 @ 0.001 - Valv, Stem- Install - COMPLETE - Valve Stem- Install - COMPLETE - Tir~ Warranty Accepted - Tire Warranty Accepted - N/C Ti~ Mount - N/C Tim Mount -Balance q~.equir~d) - COMPLETE - Balance (Kequired) - COMPLETE Tm.E ~STAEL/RD HZKD [4 ~9.001 - N~w Tii~ - COMPLETE DOT: 2303 - N~* Tir~s - COMPLETE DOT: 2303 DISPOSE TIRE [4 - Dispos~ Tire - COIvI~LETE - Dispose Tire - COIvlIaLETE LUG TORQUE Driver Front 100 FT-LB ~r Front 100 F'r-LB DEPTH Driver Front - 0/32 Ddver P,~ar - 0/32 CLUB# 6661 665 MALL DRIVE PORTAGE, MI 49002 US (269)323-2700 LIC# F13CD 34'/MAIN ST PHONE # LAWRENCE, MI 49064 (269)674-8404 MAKE MODEL COLOR CHEVROLET BLAZER S10ffl0 Gold ODOMETER MEMBER ARRIVAL TIME SERVICE COMPLETED TIME 46734 2003-12-20 03:44 PM 2003-12-20 04:34 PM Service Description Service 0.00 - Valve Stem- Install - COMPLETE - Valve Stem- hastall - COMPLETE - Tim Warranty Accepted - Tire Warranty Accepted - N/C Tire Mount - N/C Tire Mount - Balance (Required) - COMPLETE - Balance (Required) ~ COMPLETE - New Tires ~ COivlI~E'~ DOT: 2303 36.00 0.00 - Dispose Tire - COMPLETE - Dispose Tire - COMPLETE Driver Rear 100 Ir-LB Passenger Rear 100 P'T-LB Passenger Rear - 0/32 Passenger Front - 0/32 4~ 37848 Merchandise Description LT235/75R15 LT235/75R15 LT235/75R 15 LT235/75R15 Quantity Unit Price Merchandise 1 95.86 95.86 1 95.86 95.86 I 95.86 95.86 1 95.86 95.86 Total (Excluding Tax) 419.44 DISCLAIMER SAM'S CLUB 1S NOT RESPONSIBLE FOR LOS~ OR DAMAGE TO ~CLES OR ARTICLES LEFt IN VEHICLES 1N CASE OF FIP,~, TI-~Fr OR ANY OTHER CAUSE BEYOND SAM'S CLUB CONTROL. MEMBER SIGNATURE ~,~vg Ye)lin I.IIG NUTS RETOROUED AFTER THE FIRST 50 MILES. 12-20-2003 DATE ~ ~ C3"O) 327-1999 (FAX)(610) 327-9091 1055 South ~ '~ ~:~:nover Street · Pottstown, PA 19465 INVOICE Wrenfrow, Larry D & Dawn M 239 Lilac Lane Douglassville, PA t 9518 Cellular 484-955-0897 Cust ID: 1293 Part Description / Number Hub Beer~g BCA ~l$124 Qty List Extended !.00 358.69 358.69 Foreign & Domestic I INVOICE 4678 Pdnt Date: 1010112003 2000 Chevrolet - Blazer 4,3L, V6, VIN ON) Lic #: PZgT72 Unit#: Vin #: 1GNDT13W1Y2109959 Hat #: Ref #: Labor Cus~er states wheel bearing noisy Odometer In: 37921 pplicafions not listed, refer to DISC Extended N/C 68.93 Org. Estimate $0,a0 Revisions $73.07 Current Estimate $ 93.0'7 ; Wrenfrow, Larry D & D~v~r~ ~;; 09/30/2003 - 12:50D[<none>] [ Payments www. robsauta corn Additional Cost Revised Estimate Labor: Parts: $73.07 $73.07 Sublet: Sub: Tax: Total: Bal Due: $58,93 $358,69 $0.00 $427.62 $25.66 $453.28 $453.28 ALL PARTS ARE NEW LIi'~£~S SPECIFIED OTHERWISE ALL PARTS REMOVED WILL BE DISCARDED UNLESS INSTRUCTED OTHERWISE [~ SAVE ~ DISCARD ~ ~ 1610) 327-1999 (c;qX)($10) 327-9691 1055 South H~nover Street · Pottstown, PA 19465 INVOICE Wrenfrow, Larr~ 0 & Dawn M 239 Lilac Lane Douglassville, FA '19518 Cust ID: 1293 Part Description / t{u~ber Inspection Sticker PA STICKER O1L FILTER pz29 ENGINE OIL OIL10W30 W~CASHER FLU [~ WWS Qty List Extended 1.00 2.00 2.00 Foreign & Domestic INVOICE Print Date: 09/08/2003 2000 Chevrolet - Blazer 4.3L, V6, VIN (W) Lic #: PZ9T72 Unit #: VIn#: 1GNDT13WIY2109959 Hat #: Ref #: Odometer In: 36028 PA S~ Inspection ~Co. St. ste Farm ,~Oticy # 803 8355-F20-38P .~;~xp. Date: 12/20/03 Old Mi]age-^128646369 ~o~c Tires ¢l,a.se ~,,t6r ()il and ~.:....., :. ..... ~ ':.' .:"-' ~::.'.: ~5.~(!.-; ?.' '~ :/: :. :':'..:':7.'"' "" Extended 23,00 N/C 5.00 [ Technicians: Dobbs, Ryan [ Org. Estimate $SSA1 RevJslon$ ~O.00 Current Estimate $ 55.41 [ Payments - ] Additional Cost Revised Estimate Labor: $28.00 Parts: $24.27 Sublet: $0.00 Sub: $52.27 Tax: $3.14 Total: $S5.41 Bal Due: $55.41 ALL PARTS ARE NEW U:]~ILESS SPECIFIED OTHERWISE ALL PART~ REMOVED WILL BE DISCARDED LJNLE~S INSTRUCTED OTHERWISE [] SAVE C-i DISCARD ~~ ;~owledge no~ce and omi ¢}toval c' ;( 818. X ~i~' ~ ~0) 327-1999 (FAX)(810) 327-9891 1055 South Hsnover Street ~ Pottstown, PA 19485 INVOICE Wrenfrow, Larry O & Dawn M 239 Lilac Lane Douglassville, PA 19518 Oust ID: 1293 Part Description / qumber Qb/ List Extended Foreign & Domestic INVOICE 2000 Chevrolet - Blazer 4.3L, VO, VIN (W) Lic #: PZg'F'/2 Unit #: Vin #: 1¢NDT13WIY2109959 Hat #: Print Date: 09/26/2003 Odometer tn: 37758 Ref #: Extended 10.34 :both sides are Technicians: Kolarz, Clint J Org. Estimat~'~'i~[~' .... Re~i~'8~"~.-ee .......... C~rreNfEsfJma~e ~-.~ ~a'Tocoe~ RevisedEstJmate'~l~. --- Parts: Sublat: F Sub: / " Total: Payments - ] / ;, , Bal Due: 'wv.,"w. rob$cmto, corn $t0~34 $0.00 $0,00 $10.34 $10.96 $10.96 ALL PARTS ARE NEW UNLE~5 EPECIFIED OTHERWISE CRED!T CARDS WE RESERVE THE r]o~l q~ TO REFUSE ANY PERSONAL CHECKS ALL PARTS REMOVED WILL BE DISCARDED UNLESS INSTRUCTED OTHERWISE r-i SAVE [~ DISCARO COS'f. COLOR ClCENSE NO. I am responsible for their acts while they're drivi , and f r fulfilling ~,~- ,~ ERMISS~N FOR VEHI ~ TO ~ ENTAL ~a 0 R J C UNINSURED' EXT. MOTORIST COV~RAG~ UNDER TO THIS RENTAL OR LEASE AGREE. EX~ ADO~L ~NT AND ANY POLICY OF TO o~ C~ [ ~ ~Y X iNSURANCE OR SELF-INS~R- EXT. ANCE iSSUED UNDER THIS TO D~ AGREEMENT, FOR MYSELF AND ~mONALIN~OR~T~O~: POE. OR ALL OTHER PASSENGERS OF THiS VEHICLE. UNINSURED COV- ~NSD. ERAGE PROTECTS ME AND OTHER PASSENGERS IN THIS Loss VEHICLE FOR LOSSES AND DA~- .HO.~ NA~ AGES SUFFERED IF INJURY IS A PERSON WHO DOES NOT HAVE ANY iNSURANCE TO PAY FO~ ~' ~'"~ ~?~'~'~?;5[ ~P~CA~ LOSSES AND See Terms and Conditions on Re~/erse and A~aciled R'er'~fal Agreement: '~]cket Jacket INVO~C~ WIRENFROW* LARRY" DAY - ~q H~R PERII]O ORIGIN~V~HJCLE JSO MI FREE P/gRY SILVER VLC964 AVEO ~87.,~? TO~ DE~ CHE~OLEI'~* ~ I ~ ~u~. ~' 30/DAY Our mn~ opt(ona{ pr~ucts including Damage Waiver. Personal Protection. Before deciding these notional pr~ucts, you ~ ~"~ anco of ¢~it ~rd prov~es ~'~" '" during Ihe en[al Peri~ The ~rchase ...... ' 5,00/I/~ T~ of any of thee optional prod- ucts ~s nol requi~d [o re~ Vehicle. 1 /18/04 ~ ~ 5951P TAX 6. ~r-~ .j ~ c~e~ner (~nerpriselis~iameon~yup o$~O,O00be~useofb~iy niur~or ~)~ ~( ~ ~ dealh to one person in any one accident and $40,000 because of ~odi]y ~ d~I~ ID ~wo or ~re ~rsons 'n any one acddenI, and only if the re~e~ ' ' . vehicle ~s operated by the re~ter other aulhor zed dr vet or by the rea er s ou, ~ ,~ ,~ ~ ~,z ~ ~ ~,, ~ s~use, ~a~er, mother, brother, sister, ~on. daughter, or other immedm~e [emily ,; :: ,, . member. And, that the renter may be ab e o ne owner up o hose amounts NEED PO FRO DIR BILL SPECIAL: ....... n 7 HOLIR~ ,~ ~0, O0/HOUR W/ MILES © MIRAC, Inc,, 20 SHERIFF'S RETURN - CASE NO: 2004-00897 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WRENFROW I~ARRY D JR VS BRENNER CHRYSLER JEEP LLC REGULAR RICHARD SMITH , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 3rd day of March by handing to ADULT IN CHARGE says, the within COMPLAINT & NOTICE BRENNER CHRYSLER JEEP LLC DEFENDANT , at 1447:00 HOURS, on the at 6039 CARLISLE PIKE MECHANICSBURG, PA 17055 TOM REED, MANAGER, a the , 2004 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 6.90 Affidavit .00 Surcharge 10,00 .00 34.90 Sworn and Subscribed to before me this 3~--~ day of othonotary So Answers: R. Thomas Kline 03/04/2004 BOYD & KARVER~/ By: ~ Lawrence R. Wieder, Esquire Attorney I.D. No. 16707 McNEES WALLACE & NURICK 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Brenner Chrysler Jeep LL C LARRY D. WRENFROW, JR., Plaintiff BRENNER CHRYSLER JEEP L.L.C., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-897 Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Brenner Chrysler Jeep L.L.C., in the above matter. McNEES WALLACE & NURICK Lawrence R. Wieder I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Brenner Chrysler Jeep L.L.C. Dated: March IA , 2004 CERTIFICATE OF SERVICE AND NOW, on this J~-4~day of March, 2004, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Craig S. Boyd, Esquire Jeffrey R. Boyd, Esquire BOYD & KARVER 7 East Philadelphia Avenue Boyertown, PA 19512 McNEES WALLACE & NURICK LLC Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Brenner Chrysler Jeep, LLC Lawrence R. Wieder, Esquire Attorney I.D. No. 16707 McNEES WALLACE & NURICK 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Bl'enner Chrysler Jeep LL C LARRY D. WRENFROW, JR., Plaintiff BRENNER CHRYSLER JEEP L.L.C., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-897 Civil Term ANSWER~ NEW MATTER AND COUNTERCLAIM 2. 3. 4. Admitted. Admitted upon information and belief. Admitted. Denied as stated. It is admitted that on our about December 17, 2002, Plaintiff purchased a 2000 Chevrolet Blazer (the "Vehicle") from the Defendant. That transaction was embodied in a written contract, which Plaintiff has failed to attach to the pleading. Further, the contract, being a writing, speaks for itself. Plaintiff has attached to the Complaint, a service contract application, which is not a contract, nor was it the contract between the parties, upon which Plaintiff's action is based. 5. Denied. As Defendant was not involved in the communications between the Plaintiff and the State of Delaware, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment; accordingly, the averment is denied. Denied. It is denied that there is a "great discrepancy" between 17,120 miles and 17,421 miles. 7. Admitted as stated. It is admitted that Plaintiff has alleged that the odometer was rolled back. It is denied that same actually occurred. 8. Denied. The Defendant's disclosure of mileage was and is correct, to the best of its knowledge. 9. Denied. The Defendant did not misstate the mileage nor act unjustly towards the Plaintiff. 10. Denied. As the averment contains the private thoughts of the Plaintiff, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Accordingly, the averment is denied. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Accordingly, the averment is denied. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Accordingly, the averment is denied. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Accordingly, the averment is denied. 14. Admitted as stated. It is admitted that Plaintiff requests the Court to grant him damages. It is denied that Plaintiff is entitled to damages. 2 WHEREFORE, Defendant, Brenner Chrysler Jeep, LLC, requests your Honorable Court dismiss Plaintiff's Complaint with prejudice. COUNT - NEGLIGENT MISREPRESENTATION 15. 16. required. 17. required. 18. Admitted. The averment ~s a conclusion of law to which no responsive pleading is The averment is a conclusion of law to which no responsive pleading is Denied. The Defendant properly disclosed the mileage and did not obtain a higher price than was warranted. The averment is a conclusion of law to which no responsive pleading is 19. required. 20. 21. Admitted. Admitted as stated. It is admitted that Plaintiff seeks the return of all monies paid to Defendant as well as damages. It is denied that Plaintiff is entitled to the return of all monies paid to the Defendant or damages. WHEREFORE, Defendant, Brenner Chrysler Jeep, LLC, requests your Honorable Court dismiss Plaintiff's Complaint with prejudice. COUNT II - FRAUDULENT MISREPRESENTATION 22. Admitted. 23. Denied. The mileage as disclosed by Defendant was correct. 24. required. 25. 26. The averment is a conclusion of law to which no responsive pleading is Denied. The mileage as disclosed by Defendant was correct. Denied. As the averment contains the private thoughts of the Plaintiff, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Accordingly, the averment is denied. 27. Admitted. By way of further answer it is stated that the mileage as disclosed by the Defendant was correct. 28. The averment is a conclusion of law to which no responsive pleading is required. WHEREFORE, Defendant, Brenner Chrysler Jeep, LLC, requests your Honorable Court dismiss Plaintiff's Complaint with prejudice. COUNT III- UTPCPL 29. Admitted. 30. The averment is a conclusion of law to whicl~ no responsive pleading is required. By way of further answer it is stated that the quote is incomplete. 31. Denied. It is denied that the Defendant altered the reading on the odometer; failed to detect an alteration of the odometer; and presented false information to the Plaintiff. 32. The averment is a conclusion of law to which no responsive pleading is required. By way of further answer it is stated that the quote is incomplete. 4 WHEREFORE, Defendant, Brenner Chrysler Jeep, LLC, requests your Honorable Court dismiss Plaintiff's Complaint with prejudice. NEW MATTER 33. ¶¶ 1-32 of Defendant's Answer is incorporated herein by reference as if fully set forth at length. 34. At some point in time, the State of Delaware, Bureau of Motor Vehicles incorrectly placed in its computer records, the notation that the Vehicle's odometer displayed a reading of 24,986. 35. The information upon which the notation was based, came from a Power of Attorney. A true and correct copy of that document is attached hereto as Exhibit "A". 36. The Power of Attorney was allegedly furnished by one Kelly Reeder, believed to have been an employee of William Porter Chevrolet. 37. The State of Delaware, Bureau of Motor Vehicles violated federal and state law by accepting a Power of Attorney to disclose the odometer reading. 38. The transaction, in which the incorrect odometer reading was placed in the computer records of the State of Delaware, was not a transaction that required the disclosure of the vehicle's odometer. 39. The State of Delaware, Division of Motor Vehicles has determined that the mileage disclosure should not have been recorded and has agreed to delete the notation from its computer records. A true and correct copy of documentation in that regard is attached hereto as Exhibit "B". 40. The mileage displayed on the Vehicle's odometer when Defendant sold it to Plaintiff was correct. 5 41. To the extent that Plaintiff has been injured by the entry of an incorrect notation on the files of the State of Delaware, Defendant had no involvement in that occurrence. WHEREFORE, Defendant, Brenner Chrysler Jeep, LLC, requests your Honorable Court dismiss Plaintiffs Complaint with prejudice. COUNTERCLAIM 42. ¶¶ 1-41 of Defendant's Answer and New Matter are incorporated herein by reference as if fully set forth at length. 43. Plaintiff is no longer the owner of the Vehicle. 44. Plaintiff operated the Vehicle and was benefited by the use of it. 45. To the extent that Plaintiff used the Vehicle, Defendant is entitled to a set- off for the fair rental value of the vehicle or depreciation. 46. If in fact Plaintiff has sold the Vehicle, Defendant is entitled to a set-off in the amount that Plaintiff received, plus the fair market rental value of the vehicle or depreciation. 47. ¶ 31 of Plaintiff's Complaint avers that Defendant intentionally altered the reading on the Vehicle's odometer. 48. ¶ 31 of Plaintiffs Complaint avers that Defendant has committed a criminal act. 49. The averments of Count III accuse Defenda~nt of committing fraud. 50. Plaintiffs averments in Count III are malicious, willful, wanton, obdurate, vexatious and without regard to the truth of the matter as 'there is no foundation whatsoever to support them. 6 51. Defendant has been damaged by Plaintiff averments. 52. Defendant is entitled to damages and counsel fees for the conduct of Plaintiff in filing Count III of the Complaint. WHEREFORE, Defendant requests the Honorable Court enter judgment against Plaintiff for damages and counsel fees. McNEES WALLACE & NURICK Dated: March ]r~,2004 By Lawrence R. Wieder I.D. No. 16707 100 Pine Street P.O. Box '1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Brenner Chrysler Jeep L.L.C. 7 03/18/2004 87:59 7172338221 BRENNER DODGE PAGE 02 VERIFICATION I, John MCGreevy, ¢~ic~- f;;,~c;~ ~(c,,~of Brenner Chrysler Jeep, LLC., Defendant in the within action, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904, relating to unswom falsification to authorities. Dated: March (~ ,20044 John M~Greevy ~ ~-,,,-~: ......... -=nJ.~L.~Cl; ~U~ 739 2042; Se:~-2g-03 g:37AM; Page 2/2 .,, . ,,, ,,, ~ ~ht: F~ .... ~., To ~ F~: ~: F~ ,, ; To .... X / 19903 [] GEORGETOWN PO Box 399 Georgel'owrt, DE 19947 (302) 853-1000 DIVI~IO~ OP' MOTOR' VI~I-IICULP_-~ ~ NEW CASTLE Aitport & Churohman's Rd. New Castle, DE 19720 ($02) 326--5OO0 [] WILMINGTON 2230 Ilessler Blvd. New Chstle, DE' September 30, 2003 TO: JOIIN MCGREEY FROM: TERRY AUSTIN, SR. SUPPORT SUPERVISOR SUBJECT: MILEAGE DISCREPANCY VIN: 1GNDT13W1Y2109959 DELAWARE TAG NI IMBER: U481581 On September 18, 2002, the Division of Motor Vehicles processed a tag rvtenlion lbr the owner of the above rcferenoed vehicle using a Sold Out of State Form. A Delaware title was not issued; therefore, a mileage disclosure should not have been recorded. The last mileage recorded bythe division was 225 actual miles, The incorrect mileage recording has been deleted from the vehicle's mileage history. If you have any questions please contact me directly at 002) 744-2535. "~rst Cla~ss Seth, lc#from the First State" CERTIFICATE OF SERVICE AND NOW, on this l(~day of March, 2004, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Craig S. Boyd, Esquire Jeffrey R. Boyd, Esquire BOYD & KARVER 7 East Philadelphia Avenue Boyertown, PA 19512 McNEES WALLA.CE & NURICK LLC Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Brenner Chrysler Jeep, LLC Attorney for Plaintiff Attorney ID # 89033 Jeffrey R. Boyd, Esquire BOYD & KARVER 7 East Philadelphia Avenue Boyertown, Pennsylvania 19512 610-367-2148 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LARRY D. WRENFROW, JR. : Plaintiff : NO. 04-897 V. ~ BRENNER CHRYSLER JEEP L.L.C. : Defendant : CIVIL TERM PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw the Complaint filed on March 2, 2004, in the above-captioned matter, without prejudice. Attorney for Plaintiff