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08-5552
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER CHECK : CASE NO. Q$ - 555a 0-liV Y ( Tem Plaintiff : CIVIL ACTION VS. GENERAL MOTORS CORPORATION Defendant NOTICE TO DEFEND - CIVIL You have been sued in Court. If you wish to defend against the claim 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 an 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 or 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER CHECK Plaintiff, VS. GENERAL MOTORS CORPORATION, Defendant. Case No. : OT'S 5'5 Gt-"' 1 - L" At CIVIL ACTION COMPLAINT INTRODUCTION The Plaintiff(s), Christopher Check (Hereinafter "PLAINTIFF"), through Mitchell and Bolliger, PLLC and the undersigned counsel, files this complaint and sues defendant General Motors Corporation. (Hereinafter MANUFACTURER or DEFENDANT) for violations of the Magnuson Moss Warranty Act 15 U.S.C 2301 et seq., the Pennsylvania Automobile lemon Law 73 P.S. 1951 et seq. and unfair trade practices and consumer protection law 73 P.S. 201-1 et seq. for defects associated with a 2007 Chevrolet Silverado VIN: 1GCHK24U67E157227 (hereinafter "VEHICLE") warranted by the Manufacturer. JURISDICTION AND PARTIES 1. PLAINTIFF is an adult natural person and is a resident of the city of Carlisle, Cumberland County, Pennsylvania. 2. Upon information and belief MANUFACTURER is a Foreign Corporation with its principle place of business located at 300 Renaissance Center, Detroit, MI 48265 and is authorized to do business in the State of Pennsylvania and, at all times relevant hereto, and was engaged in the business of selling and servicing automobiles in Cumberland County, Pennsylvania. 1 3. The transaction or occurrence giving rise to the causes of action alleged in this complaint occurred in Cumberland County, Pennsylvania. FACTS COITION TO ALL COUNTS 4. On or about January 2, 2007, Plaintiff purchased the VEHICLE with an agreed upon price of $27,015.00. (See EX. A). 5. Along with the PURCHASE of the VEHICLE, PLAINTIFF received express written warranties implied warranties from the MANUFACTURER. (See EX. B). A. Specifically, PLAINTIFF received the MANUFACTURER'S 3-YEAR 36,000 MILE BUMPER TO BUMPER WRITTEN WARRANTY, warranting that the vehicle would be free from defects in materials or workmanship. Along with various other express written warranties of varying lengths of time and mileage. B. Further, pursuant to Pennsylvania Statutes PLAINTIFF received an implied warranty that the product would be fit for its ordinary purpose. C. Due to the severe and repetitive defects with the VEHICLE, PLAINTIFFS' faith in the VEHICLE has been shaken and irreparably harmed. 6. PLAINTIFF has taken the VEHICLE to the MANUFACTURER'S seller/ agent on at least eight (8) separate occasions. (See EX. C). 7. By way of example, and not by way of limitation, the defects with PLAINTIFF'S VEHICLE include the following: R.O. DATE DAYS MILEAGE DEFECTS 17/30/07 2 days 871 ENGINE DEFECT: FLUID LEAK AT THE LEFT REAR WHEEL DRIVETRAIN DEFECT: CLUNKING NOISE WHEN SHIFTING SLOWLY ELECTRICAL DEFECT: LIGHTS ON HEADLAMP SWITCH DO NOT WORK 2 8. The EXPRESS and IMPLIED warranties given as part of the PURCHASE have failed their essential purpose due to the MANUFACTURER'S failure to remedy the defects of the VEHICLE and/or failure to conform the vehicle to the written and implied warranties within a reasonable period of time and/or reasonable number of attempts. A. Further, the above failure to conform the product to the written and implied warranties is tantamount to a refusal to honor the written and implied warranties. B. Finally, the above referenced severe and repetitive defects have shaken the PLAINTIFF faith and confidence in the VEHICLE irreparably. COUNT I VIOLATION OF MAGNUSON MOSS WARRANTY ACT EXPRESS WARRANTY 9. PLAINTIFF incorporates paragraphs 1-8 as though fully restated and realleged. 10. PLAINTIFF is a "consumer" as defined in the ACT 15 U.S.C. 2301(3). 11. The MANUFACTURER is a "supplier" and "warrantor" as defined by the ACT, 15 U.S.C. 2301(4) and (5). 3 12. The VEHICLE is a "consumer product" as defined in the ACT, 15 U.S.C. 2301(1). 13. The VEHICLE was manufactured, sold and purchased after July 4, 1975. 14. The express warranty given by the MANUFACTURER pertaining to the VEHICLE is a "written warranty" as defined in the Warranty Act, 15 U.S.C. 2301(6). 15. The above-described actions (failure to repair and/or properly repair the above-mentioned defects, and/or failure to conform the vehicle to the written and implied warranties within a reasonable period of time and/or reasonable number of attempts etc.), including failure to honor the written warranty, constitute a breach of the written warranty by the MANUFACTURER under the ACT, 15 U.S.C. 2310(d)(1) and (2). WHEREFORE, PLAINTIFF prays for judgment against MANUFACTURER: A. For the difference in value of VEHICLE as promised and as actually delivered; B. For consequential, incidental and actual damages; C. For costs, interest and actual attorneys' fees; pursuant to 15 U.S.C 2310 (d)(2) D. Such other relief this Court deems appropriate. COUNT II VIOLATION OF MAGNUSON MOSS WARRANTY ACT IMPLIED WARRANTY 16. PLAINTIFF incorporates paragraphs 1-8 as though herein fully restated and realleged. 17. PLAINTIFF is a "consumer" as defined in the ACT 15 U.S.C. 2301(3). 18. The MANUFACTURER is a "supplier" and "warrantor" as defined by the ACT, 15 U.S.C. 2301(4) and (5). 4 19. The VEHICLE is a "consumer product" as defined in the ACT, 15 U.S.C. 2301(1). 20. The VEHICLE was manufactured, sold and purchased after July 4, 1975. 21. The MANUFACTURER supplied the PLAINTIFF with an implied warranty as defined in 15 U.S.C. 2301(7). 22. The above-described actions (failure to repair and/or properly repair the above-mentioned defects, etc.), including failure to honor the implied warranty, and/or failure to conform the vehicle to the written and implied warranties within a reasonable period of time and/or reasonable number of attempts etc constitute a breach of warranty by the MANUFACTURER because the vehicle is not fit for its ordinary purpose under the ACT, 15 U.S.C. 2310(d)(1) and (2). WHEREFORE, PLAINTIFF prays for judgment against MANUFACTURER: A. For the difference in value of the VEHICLE as promised and as actually delivered B. For consequential, incidental and actual damages; C. For costs, interest and actual attorneys' fees; pursuant to 15 U.S.C 2310(d)(2). D. Such other relief this Court deems appropriate. COUNT III PENNSYLVANIA AUTOMOBILE LEMON LAW 73 P.S. 1951 et. Seq. 23. PLAINTIFF incorporates paragraphs 1-8 as though fully restated and realleged. 24. Plaintiff is a "purchaser" as defined by 73 P.S. 1952 in that the Plaintiff entered into a PURCHASE for a new unused vehicle for personal, family and household use. (See Ex. A) 5 25. Defendant is a "manufacturer" as defined by 73 P.S. 1952. 26. The VEHICLE is a "new motor vehicle" as defined by 73 P.S. 1952 in that that it was PURCHASED and registered in the State of Pennsylvania and used primarily for personal household or family use such as transportation to and from work, household chores and for recreational trips. 27. As described in paragraph 7 the VEHICLE experienced non conformities within the first year of the PURCHASE and within 12,000 miles of use these non conformities substantially impair use, value and safety of the VEHICLE. 28. MANUFACTURER has failed to correct the defects alleged in paragraph 7 and the defects continue to be present. 29. The vehicle has been presented for at least three repairs for the same drive train nonconformity in addition the vehicle has been presented for other repairs as described in paragraph 7 of this complaint. 30. The MANUFACTURER does not mandate participation in an informal dispute resolution program and/or its dispute resolution program does not adhere to the requirements of 16 CFR 703. 31. As a result of the MANUFACTURER'S failure to repair the non conformities the Plaintiff has suffered damages. WHEREFORE, PLAINTIFF prays for judgment against MANUFACTURER: A. For a refund of the purchase price trebled pursuant to 73 P.S. 1961 and 73 P.S. 201-9.2(a). B. For consequential, incidental and actual damages; pursuant to 73 P.S. 1958 C. For costs, interest and actual attorneys' fees; pursuant to 73 P.S. 1958. D. Such other relief this Court deems appropriate. 6 COUNT IV UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. 201-1 et seg. 32. PLAINTIFF incorporates paragraphs 1-8 and 23-31 as though fully restated and realleged. 33. PLAINTIFF is a person who PURCHASED a good or a service primarily for personal, household or family uses such as transportation to and from work, household chores and for recreational trips. 34. MANUFACTURER is a person that recklessly, wantonly and willfully violated provisions of the Unfair Trade Practices and Consumer Protection Law by: A. Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made. Specifically: i. The repair history as described in paragraph 7 of this complaint clearly indicates that the MANUFACTURER was unable to conform the VEHICLE to the express and implied warranties provided. ii. Despite this clear evidence of failure to conform the MANUFACTURER has refused to stand behind its product and the warranties it has provided. Instead the MANUFACTURER has forced the PLAINTIFF to file suit to obtain relief that otherwise should of been provided by the MANUFACTURER willingly in light of the substantial nonconformities the VEHICLE has exhibited and the laws of Pennsylvania. iii. Such behavior can only be described as reckless, wanton and willful. 35. MANUFACTURER is a person that recklessly, wantonly and willfully violated provisions of the Unfair Trade Practices and Consumer Protection Law by: 7 A. Failing to abide by the Automobile Lemon Law. Specifically: i. The repair history as described in paragraph 7 of this complaint clearly indicates that the MANUFACTURER was unable to conform the VEHICLE to the express and implied warranties provided as required by the Automobile Lemon Law. ii. Despite this clear evidence of failure to conform the MANUFACTURER has refused to stand behind its product and the warranties it has provided. Instead the MANUFACTURER has forced the PLAINTIFF to file suit to obtain relief that otherwise should of been provided by the MANUFACTURER willingly in light of the substantial nonconformities the VEHICLE has exhibited and the Automobile Lemon Law. iii. Such behavior can only be described as reckless, wanton and willful. 36. PLAINTIFF has suffered actual and ascertainable damages as result of the MANUFACTURERS actions in recklessly, willfully and wantonly violating the act. Specifically: A. The PLAINTIFF undertook the PURCHASE and expended large sums of money on a vehicle that the PLAINTIFF has no faith and confidence. B. Further, due to the nonconformities the residual value of the VEHICLE has been substantially impaired. WHEREFORE, PLAINTIFF prays for judgment against MANUFACTURER: A. For actual damages; trebled pursuant to 73 P.S. 201- 9.2 (a) . B. For costs, interest and actual attorneys' fees; pursuant to 73 P.S. 201-9.2(a). C. Such other relief this Court deems appropriate. 8 II JURY DEMAND PLAINTIFF hereby demands trial by jury on all counts so triable. /<-7 & Bolliger, PLLC KURT D MITCHELL J.D. PA. BAR NO.: 205917 186 Blaney Rd. - Suite D Kittanning PA 16201 PH: 724 954 3087 FAX: 724 954 3107 kmitchell@mblawgroup.com 9 VERIFICATION The undersigned verifies that the Civil Action Complaint is based on information furnished to counsel in the preparation of his Lemon Law and/or Breach of Warranty lawsuit. The language of the Civil Action Complaint is that of counsel and not of signer. Signer verifies that the information supplied to counsel is true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. n ? ? ? ?- ? 6X-? Christopher Check Date: 8" o;? J5 - 0 b EXHIBIT A 03/30/2008 15:55 7172434512 STAPLES KENNY RpSS 250 CMEI)llOt "I, iiC. 11250 RO Route 30 - North Huntingdon, PA joif" fts4s A 181142 (724)1800000 • (412 471-31OOi M 03F1030 0 T owe a FAX: (724) 003-MS PAGE 05/06 DATE ISM REBATE GM CARD MY432281 SALES PRICE AS AGREED caNRwr ERIE TRADE-IN ALLOWANCE FOXY Q0519071 Ao- 34H ADDRESS 26 WESTMINSTER QR CARLISLE PA 17013 SUBTOTAL PHONE NO. PERSON TALKED TO % SALESTAx a nn 77 AGENT OF T BLE$_UIS & _ AC. FE TIME .?. __ DOCUMENTARY REE 5 14203 TO: .14384 TIRE TAX riR M/A ? I __ NIA OLR RED FE6 t1nim a ctc a-je Fumnsw arm Drat elk Oder InrAUdFa d of tlw MEE anD aaMEeIW APPAIIIN+S an TAa taoa aTq IrNErAa Ida twmd. 1M ItR Older mea and N "modaN any wW mw ar %mm aETAan Am or IMIaaaMYbA and RofEIadMahwWoolr. law UIaoOIT Ies and aRduahlatEEnaMater kITASeI Em OQTxrrtwlY mlett"a b Dal m*[ ft-m- emwoq hw" ATOLL. l'oPY OF "Aw Ch" Umrft A-mmAMYROM THE MIAOF?CTU"?1 1R" AVAN.AN.E AT THE SALES MANAOERWOFFICE. ALLWARRAN71M IF OWN. NorDEALE"ANDONLYSUCHMANU?TURERS44LOELIAELE RORPERFORMANCE EUNDER SUCH WARRANTIM UNLESS OEALER FURNISHES EUYER WITH A SEPARATE WRITTEN WARMNTY OR SERVICE CONTRACT MADE BY DEALER ON rm OWN esHALF OR U11ESE FROHISITED ay LALTL OEALiR NEPMY DISCLAIMS ALL WARRANTIES. ExPRES ILD OR IMPUM INOLUDINO IMPLIED WARRANTIES OF MERbuNTAEIUTY OR FINE98 FOR A PARTICULAR PURPOSq (A) ON ALL VEHICLES. GOODS AND SEITVIOES SOLD EY GUM AMC (b) ON ALL LUSEO VEHICLES WHICH ARE HERESY SOLD AS IB - NOT EXPRESSLY WARRANTED OR GUARANTEED. AS 18: THIS VEHKXY ISSOLD AS IB vy ZlXhMA XWASg&yEITN7I EXPRESS OR IMPLIED. THE PURCHASER WILL BEAR THE OF FED'AIRMIO OR CORRECTING ANY DEFECTS THAT PRESENTLY DEIST OR THAT MAY OUR INTHE VEHICLE. PURCHASER'S 8*#mI um x wmMEwWAF EreReaIEaeaIa)uItlM ep EamlDDneNNalaLNDIRONar Ion Deal SIN ro0a6n WW NIW IsvErea Etlas) Will he ha Mc~ a mnpletedated upy al n. PURCHASER'S SIGNATURE % ? MONTHLY PAYMENT 214 - -;A TERM WEHMETHE RNNTTOAEAPPRANETHIll M iOFATRADEdN VOYCIE IFHEDLUJIMOANNSTAEI THNTTHENEWELS HAS RIFFERED DAMAN ORSOON M@bk*eALag"woommoN smmTwo D CF TNg Wd.YAnON SLIT PROIITD to OCUVCIr TO Tim Oi"m on um= FARTS M AaEEEOR OR SETH INCLUI)Nd TIREq HAVE EM REAOYeD OR REPLACED MATH RLRTD OA ACCeSMeS I FERICR OU&M.. THUCONTRACT m WWRINCINGLOON ETHERTHE DIIIALMORTIEE PINICMNEER UNTLIPMRD BY AVTHOR®D DEALER RV Anw. WO. THE PURCIWER. MAr CANOFL THIM DONTRAIOI 1 REoDVE A PULL FSPUND M DRE RC01IF T OF A COPY OF THIS OOMTRACT NGNED BY AUTHOfNRD DE4M MY WOO WRITEN NUM OFGYrariATIoN TO P&LFL IF PURCHASER CAN TN ER OR REFURN Tovm ORAor"V®1IOLe OROSRI 9=PT AS PER r . PLMHAEER NIHAU. AT DR"" OAIDN, FU%"rrAE DAIIASEI 'RN MIM OF t 01/02/07 ACCEPTED Y: DATE` ?' F'2/30/2008 15:58 7172434512 STAPLES PAGE 03/06 POUPR04U'IRn.44) 51MMINT RBS1 TWA pAATI - PURCHASE LIOAN NOTE ANDISECURITY AGREEMENT B P 01 102J2007 ete repared ANNUAL FMANCE AmountAnlinced PERCENTAGE RATE CHARGE Total gymefif3 dI lob of mount if Toseller The¦mouniacteae Ths cost of your credit as Thedo6Tanmurdthe to you or on Yetlfbtha _ I wady rata d at All YYoou Mall ltlbeft atMEuNd .. s 804.. 7 . cre it will cod you, DtynleMs, To tow Inamance Company 5 q?. S 1442787 S 9804.47 $ 11247.84 3 To Public Olhcia$ fr Your PlYNNI LSCIIII will b LlOOnae, Tap and Reg&trdim e- . --P4 aft of o rM1111 .Hisao. synenls Are ue . s 28-50 lion Fee ' s' 4. -c'k , Us(nning f Lill rynv It 5.00 " wlily sAeney You hYee on dopiest wRh us yo aauees this Y?+n- r St yMlaecur4iMHptintho"rVehicle being oublast,rchuetl CsOalEral atcwing aNehodiptloro to us may ales facrre into ban '. To , , 5.00 Lob ChileV If A psymmrB iste:rty pd'1M o you r"Iyda lO chhar the all which ms not P,d in fill or $20,00, rdtichowrispBfbsc PnpymeM: !(,you pay Pfl an s yml fo . - oel , a c; ve te pay Penalty, a See below end any Other Contract dacuni tear any additional information about nYnpyment Sell any . bawldmeachediikddataandprepaymentrefundsand puked rePs in f ll i Rntotlm Fi lims u aa"Itiaa i3trxtaden of credit ... .. .e-old')is des - flpr•ASnM by . AM; Mike. Vt#tdc Psinhaise Lou NpN well ai+Jeato:Sathim722of$heFarmsyb..laBouH Apeaasttf a C ' 6 S S 9N 804. 37 Prepaid Finance Cthm* . B"W, d 0 al . r ode, 7.P-5.712.TM ? an which Sara.10 use b pwdh t sao er hid, from Selw. Sow 6m Bl i.krR ? sett6Lis Ibsen b to teYt xt T L o Net t. Fairly to this Apaemem. SN to PO lelermedivy, four 1 t.. 7 .. In this Agreement, "we" am the LENDER, If Ise sell, give ur sniwfor - comp-y. those words then mite to that p-ena "bir of thlh All hall hus" .11 o Mho fights o d benefits in this ?? or and be c r7ry, B aRisle h ll by in comp shall have all of our rights tad and shall be:ong to a.J b nfores sop or t ??g99 continue unch a n n an own 1 e Cash Proles - S . en W Your o anged. LENDER The . is; rights and Obligations ' pe i Caih OYwiIDaYeIaM Fl1'TFt ?? of .a 7 /5 . "You" am the .. :. TRUYBR: CHRISTOPHER E CHECK 106 S MEST arrnee•in CARLISLE PA 17013 11885.00 Ent c.aq,Lin, btnne keep aG Other promisee made in, Otis A rdlmine dmsy to'PRYidlslAUtdtfr,,`.y.? zf The SELLER is: KENNY Na., s ..Add r 42 YENiCLE1 You 'm PUT 1-9 from the Seller and granting to we "Cor" liUm i in the ldbwing motor whtetc M its extra equipment, which u calted the "Vehide" in this Ag .sou . - NyU Year and Make Model Bop st . 7 Ne No, Cyl,, Truck Tan Capacity Vehicle Identification No, r FquiPPedwita: SPd Manual Trans _ All Conditioning _ Power Door Looks Pow,r Sesu 1 Whoa Di _ Automatic Trans ve AM(FM Stsroo _ Tilt Wheel _ Potnr Stoering Power Mirrors Diesel En in. - ^ Tow Package T Tape E Leather Seau _ Power Enka _'Pokeer Windows _ Cruise Control _ CD Other. You have traded - in the following Vehidr. 07 CHEVROLET SILVERADO C'60A'NERi Ady panes signing tae-CaOwneri Six:arity ASrament hetow Fero PAOPERTM INSURANCEt You rosy encore the Fenno throush Art, Owanersecurity and ininterest y,ictr(I'n to the pVehicle i all and Rpm rep¦httdy mid t* Miser with a1fC(• Itfuradcd'Iy obfaiaad'ag?inw)boa 0y'damage to the Vehicle tmdagairri Babel OA "sex the- is in the Security Agreement and thing nut of owenhi Or use of the VehirJe. This VI ether pans oT t.`.is arearmm propudy imurame is mill except the PFOmise to Pay" section a set forth ib the ^Add_donal Torero" on tilaevase tide of mie moat CO-516NERt Any Perim signing the CO•Sisnerl Agrameul blow promisee - tepuefely and maul with all the Co-Slar"s) and Ruyer(t), to Pay all tams due PROMISE TO PAYt YoQu romtte tp pay yy the principal amaent of U tad to perform at1 agnam.Sia in this Apeemrnt, COSiptm *111 at be N Owns I7 - 9R0E Dopers, Pict intnent o^ thr gap, arise Vandal - Pri"ipal amount wmputod atmho me of A-, per your, simple Intel CREDIT INSURANCE IS NOT REQUIRED; Credit We Insurano and Credit basis. You promise to pay those amaneu by Peking the mvotblY payments no DaRb(liey Inrunna ere not required to obW n credit, and will nol be, ptovilkd abnwt in the °PoymaM SchedWe.^ You qra to make thcae Payment, in cq UwAkU unless you like below and agree to pay the additional ctfsi(18.-Fienc run she m°nhlY gYmsnu beginning on or before the due item of the fill payment ..her NOTICE Ols PROPOSED CREDIT INSURANCE" on the reverse side. Your abnvc and continvint on or before the alma day of cash month thereafter until insw2rice certificate or policy will tell you the MAXIMUM amaent or immanee the Paymal have beet made. You agree to pay all other amounts which m amailable. All inaVmaee ptrrehabd will be for the term of the credit, beeome.ll under this Agreement, You Mae to pay US a11of dur costs Rod oxpem if we file suit against you to eolka the amounts due. This includes reasoat By signing, yew selecl Singk Credit Life I"uranoe, what is yror attorneys' froll if we hire as attorney to collect the amounts due or protaM o which costs S Age, Yes. interest in. or p s possession off. the Vehicle. You /gee to pay is all of our costs all 2 expenses it we nlsmt" the Vehicle house. YOU Ares. default of your partial this Agreement. This lnefudee all ehargea which we arv fecrmhlod by law to make Sgnaurc or Jill to he insured for Single Credit Ill Ins.mree connection with the repossession tad tale of the Vehicle.. You yrce to me] )seymeoy al "'I"' Or mail payments b the address which we specify to you By signing, you both select Joint ADDITIONAL TERMS AND CONDITIONS: THIS AOREEMBN Credit Life Iruunnce, which ca.n 1 What am CONTINUES OX THE REVERSE SIDE. YOU ARE OBLIOATED TO AL Your aji THE TERMS OF THE AGREEMENT WHICH APPEAR ON THE FROM 1,11 - AND REVERSE SIDES.' OPFERi Buys effort to borrow the principal dm(s43T amid in the "Promise I >i Pay" voll from Lender under the terms of this A rwmmt. This Offer to Signatures of born Buyers to or i"uretl for Joint Credit Life Intorance Agrecmcm will become Vold d a is :seat accepted by the Lender within two busing days of the date the Buyer Rips, or the last Buyer till" if there is men than or B dgning, Yoe selaa Single Croelt Aeeldent A WhM isynur Buyer. 1f this Offer and Agrmhcnt am accepted. Buyer climate Leader to disport Health i"trnas, which coals S r tIW proeerds in alagidhnt0\Ykh the RemQation of the Amant Financed, Seem yes - Yn This otTa rental" a n unrif It 11 lee eel-or becomes "to under this pamill Sigeturcof8uyerto be imurW or:Skuls kAte(deotk Heatrh.Imurarlpe. BuymX f?rs)Date-y0s1?1rrr???.2saO?E Bysignil you both select Jahn Credit Psraema Bnya Lecal - r$F,AI)Date ?Rr rJerww AoeidcntaL Health Insurance. which -t o:$ whoters p ACCMANCk.'• Any of the following Mitchell by the Leader shall be consider. yiRaW •mtnd ewptanee: (I) rianieg this Accpuner, (2) notifying the So* or the burr that this Agreamm has ban A"Ied; (?) P[y(ng or immng a chock or draft to the peft0s) ldemil i' the "Ilmniution of Amount PManod^, in connection with this Agreement. Signatures of both Buyers to be insured for Joint Lender Credit Accident A Health Im suvAr Jsy 1 (SEAL). OAro . CO•SIGNM YOUSHOULD READ THE 110i TO CO-5161eER, WHICH t8 ON THE REVERSE SLOE, BEFORE SIGNING T165-L'f-SIGNER'S AGREEMENT. COSIGNERS AGREEMENT, lea w t bemired. bor pl lhr terms a this below u'Co•Syaa ^ premye re PAY tow all sums due on this Agmmam. and to pdimmall pamim in this Asrtwnwn. Yb. intend to ladIIY Y?l Apeenal repe ly Rod togstpey wish the Buyer. Yea an making this promise to seduce at a make this Agreement with the BRya, ewer tbaugh-w•e -nil use the pro Ws Dory for the III bertcnt. YOU agree to pay even lhouan we may not haw mad. Any print ddhiand fa payment nn the Buyer a exenovil our security interest. CoSis.me 311mure jSEnW ...Addn» _. 01/0212q Co4lgaer $t-T pdum (SBA4) ...• ?1Y OZIZOI Address out. t:"wriLll SEctrairy AGALEMItNT: yw. the Jill Swroms bdcwas"Z'a•Owaer"t buyer or otYenriro Sawny lirtaed in the Vehicle WenOCW above You 'ti. Y oadhef with the 111.1 of m. Demcra of the Valytds, Jill m a Salina. Yom are gulag tt the a ident me to be bound h the ttrlrii of the Security AgreAmAk t and all other party of this Aar v%awspt tb. "I$omim To Pay" 4.1toe berte yfntcmg to ikdaoa OR to Mks this Agreement with the Beyer, ad to Arum the payment by the Bgvor d allamtdueost ` poinlhk I- Any deficient)' vi miam be due afwr m;osaasiek a.euk ar thr Vehida. - `O X You 120( o- (SEAL) 7 Owecr's Stsnature Addraa M`OONIBUMER FORM PAtr-SLC(Rn. 4/ny NOTICEr SEERRV;RSE SIDE FOR IMPORTANT 1INFORMATION DMe ORRSrNAL. VI DeAr,EllS COPY•Gety-aMuilowdR/C0.3te 0.7 Copy - Pink. CoFy.oykgaa IDm MtCON3VIm0.aE0.Y1Ca,nC 03/30/2008 15:58 7172434512 STAPLES PAGE 04/06 No-0873961 www.(krtv.sfate.pa,Us V -1 I. TAX FERS A. MAKE OF VEHICLE VMNICLE IDENTIFICATION NUMIM (VIM. IF TRACING BODY TYPE (aDN, TK, MODEL YEAR. PUR REOUIR£ 1, F THIS COPY BUS, ) P?IIOE , ; :: ! ?' CH :VROLCT 20n7 QRM VEHICLE WT, FUEL TYPE: ? GABOUNIE K;! •NOTgRY pp IE1' • LESS F RATING ? DIESEL ? ELECTPNO ? PROPANE INSHECT)0R iI1ECEIRN(GI"(PAINT N :. TRADE-IN ? HYBRID 0 OTHER 86,1773 r . 0 CHECK E APPROPRIATE BLOCK IF THE VEHICLE I IAl1 AlE l Yi1,1 MM flit a SON HERE TAXAEA,E IS TO BE US OP WAS FORMERLY USED AS A b earlll rif 91E 1B aNyA AMOUNT III +n"VA TAXI ? OR f7 POLICE VEHICLE (iF APPLICABLE) M mml ad IS 71111161BAA 110110(EL 9 . S. LAST NAME (OR FULL BUISINESS NAME) FIRST NAME MIDDLE INITIAL DATE AOOUIRQIN X 0% (•05) SALES TAX CF:cf.KXHRISTOPHER E PUP 2/07 4Z-'%*--) 77'. CO-PURCHASER DEALER to NUMpER LESS TAX (IF APPLICABLE) CREOIT STREET CITY STATE ZIP =NTY CODE • -' lOo fi WEST &TCARLISLE Phi ,TOGS BALM TAX 77?. z NOTE, It a to-porchiesr other than your spouse 1s (rated and you want ft4Me •la. be Iisled•am :Wlnt Tenants WIIh • . .. ?: - $al?H).<. , '• . ,;.: .Right of 9urvlvorshi ' (On delLth of one owner, UMe es to surviving owner, CHECK HERE ?. Otherwise, the Olin . PEFEITo OmwY Cods (mull a p ? ) cooEe LrsTINe ?!' troer I tD P$ nr $Y wHl ?be Issued as "TenentS In'Coitmn' (On death of one owner, Interest of doomed owner gm to hWher heirs or cmlova m SIDE of y I N b: estate.). w,LLDW DDPY NOTE IF THE VE}ICLE IS TO USED AS A DAILY RBIeAI OR LEAaED VEHICLE, Lt(ECK THIS BLOCK ? , F BLOCK 18 CHECKED, OCklpLiiE AND ATT Z MW LN-IL C' REFLECTS THE AMOUNT OF MILEAGE IN EXCESS II?-II Is NOT THE ACTUAL MILEAGE ETER READING ? OF ITS MECHANICAL LIMITS L,rl WAFINING: ODOMETER 16; TTATWO DISCREPANCY WARNING: FEDERAL AND STATE LAWS RIOIIRE,THAT YOU STATE TWE MILEA49 IN CONNECTION TENng 2• WITH THE TRANSFER OF OWNERS"' FAILURE TO COMPLETE OR PROVIDING A FALSE ti TITLE , STATEMENT MAY RESULT N FIND AN610A IMPRISONMENT, L ODOM ? ^- FEE • D- 1 ST LIEN DATE: U1.102/07 ? IF NO LIEN, CHECK 2ND LIEN DATE: ? IF ND LIEN, CHECK 3' N S.1 IRT LIENHOLDER 1- T I` TH THIRD BANK 2ND•LIENHOLDER LFEEE W STREET MO U1013 15'% +9111 • K 1 N GSLEY ©R STREET. k. REGISTRATION OR PROCESSINO FEE g CITY CINCINNATI STATE W 4626" CITY STATE 23P FINANCIAL (NGTITUTION NUMBER FINANCIAL IFLBTiTL1TION NUMBER 'f51w11pt NuINEdr'as • IF THIS 19 AN ELT, CHECK MERE NOTE: PIN IS REQUIRED '• IF THIS IS AN ELT, CHECK HERE NOTE: FIN IS REQUIRED "Woo b ? ffuMma MAKE OF VEHICLE r ' . 1 VIN _ r C - i '7 ^ MODEL YEAR S. QU TE REG. ?Qj BODY TYPE (SON, BUS, TK, ETC.) CONDITION OF VEHICLE QQOOD FAIR POOR NO. OF CARDS F, T ER PAL rGER ,'UXI Q UMOUSINE CI T SEATING CAPACITY A. FACITY MOTORCYCL& YE9 NO OVER s,o FT EFER M P D ORIVEN M YES NO X YES NO 7• INCR F P D YES NO D YES NO FEE 3 I ON FEE MOTOR HOME CHASSIS MFR: BODY MAKE v?T1??RHAHILER A' :NUMYCiR OF AXLES: REQ. REGISTERED GfiM Wr, ONCLUTANG•L(ty) FEELAEENIENT . a B&LOk.. - BUM OF GAWR'S, UNLADEN WT- (EMFM 0• • RER• REGISTERED GROSS COMBINATION WT. GROS?s COMBINATION WT. RATING TOTAL PAID G' ORIGINAL PLATE Jog' Cheek One ? TRANSPEA or PRFVIOUaLV ISSUED PLATE ^ TRANSFER a RENEWAL Or INATF 9errll" QWxk LJ r cit77. ''? BUREAU (PROOF OF INSURANCE ? TAANSFEq F nF,I'LACEMLTn OF PLATE E3 TRH OF pIATE d PFPbAL%F7AENT OF In Thk An,Dmnr PLATE TO aR ISSUED BY MUST BE ATTACHED.) PLATE NO, L•? REASON FOR REPLACEMENT • EXCHANGE PLATE TO 15E „ YGR.37U. ? ISSUED BY BUREAU Ai TEMPORARY PLATE ISSUED EXPIRES ? LOST ? STOLEN. DEFACED NEVER RECD (LOST IN MAIL BY FULL AGENT (NOTE: THIS Mont, 09 Y. 0 NOTE: If "NEVER RECEIVED" block Is CI**Ad, Q ' licant must complete Form MV-44. = PLATE VALL EXPEL I90 DAYS s SSUANCE) E) TRANSFERRED FROM TITLE N0. VIN F FROM DATE OF ISSUA W IGNA U E OF PERSON FROM WHOM N HEIR: RELATIONSHIP TO APPUCAilf PLATE IS BEING TRANSFERRED OF OTHER P THAN APPLICANT), INSURANCE AN NAME NA IC NO. POLICY NO. (OR I POLICY wirmurrve POLICY A M ATTACH BINDER) 2961 907134H DATE I OA t ! E /0" JAI 02 O ISSUNG AGENT (PRI NAME) AGENT NO. / ISSUING I MARE CHECKED DTOMO ETERMINt; THAT THE VpiICLJE Is INSt1YREED AND KENNY ROSS CHEVROLET 85-177-3 AGENT ISSUED TEMPORARY REGISTRATION TO THE ABOVE APPLICANT, IN INFORMATION ISSW A SIGNATURE TELEPHONE N . COMPLIANCE WITH ALL APPLICABLE PROVISIONS Of THE v13HIDLE CODE ( 724 1. BOO AND DEPARTMENT ENT RE6ULATON3. ; "1 , H, WYE ACEOIDWLEDGE THAT WEE MAY LASE W104M *MATING PRNILEGE(E) DR VlJIICL6 ONGISTRATTDN(B) FOR FALURH?TO'MAINTAIN PBIANCIAL RE'iPONSEREtY CURRENILY REummmEO "01pt,M Pon THE PWNOD OF REGISTRATION. Ye(z FOURN ER A,,,, YLEDLE THAT WYE MAY BS-SNMW TO A FINE NUT EXCEEDNMO $6000 1MPRIBOPMI M OF 04 NOT MOTE THAN ,IMO (0) V"m FOR ANY PALAM 6TATVAENT THAT Mg OAK% ON THE APPLICATION, AND WYE CEPi1Fr THAT IILYE HAVE EJ1Aa111IED AFTER 111111 MM=Ns MO. THAT N At" 111M N FROM PAYMENT OF BALBM TAX M CLAYNI)i I AMIWE ARM AUTROREED TD CLALM THIS EXOPToK FLNITHER CERf1PY THAT ALL STA HIR AYR TILE APO CORK T AND MAKE APPLICA OM V4 YEAR Lip 911m ft 31 g= ° l sHGNER UTIN EPHONQ No. cT , OR AVTNORM wq I L P )243-9389 d 4 NATURE OF .wrr l O AUTHORIZED SIG f .r x MN IN PRESENCE OF NOTARY. •I ? A if your registration documents are not "Ned L within 90 days, please contact PennDot. 3. APPLICANT'S C4PY/TEMP0R EXHIBIT B Cn J ° G) ?OOCD ? O N °' o go (D ?o m O o 0 < p (D = (D L. cn N 1 cQ ? DC<D? ? 3 7 < ? CD CL =r _ ' O M M o ::r o w 3w?-m ? .' N o fD? CD N (a 0) CL CL :E ? tC? C-) -ate' o Zr m C a? CD CD CD -0 C: @CDM CL ° L Nw (nn C O n o a ?< a - 0 in a'o co o o < M @,o o v , 0 < N (D CD O CL V CD < w CD O 3 Pn 0 0 ? (-p' - C s o 00 a (D p w Cl) E S N W " - y CDW?CD p?> '0N3p ? ° ° 3 y a a i m qJ o ?° CL N'D .? - o c w° != 0 0 n (a =r C: cp?o( ° w`<3 y,00? 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C :3 ? rw Q CL Or CD SR 0 9 ;Z O O (_OA 0 CD OCO CD OZ. 3 m (D' C L0 Cl) "C0(n O W < O' 03 IDv O O CD O x 0 mC. 3w• O 0 m ?0 A Q CD ::r o N Er CD - 4h, CD ,<ON 0 w ?'D 3?3m7 (w n° 0 w (cn Q rl CD m O O CL y N 7 C) <D O v cD m 300 fD w Cl) N O c (D 0 (D N OL w O? m 3 OO 3 w CD O w x (D m 7 ?D y d N ?D -. Cb (-b o lb v C). C6 A- 0. sb (D 0 ? Q (Do Oo00`-. ? o O? W ??;c cu m ..? DD (D -Iz (p Cn - zr 0 n ?cDO?C C,D mN(oo :3 m o 0 (QD :3D O d CD p p y OD 0 ( O wOQ vow,- •- mom ? ra w Z c0) w ?•aCboa rx Q Q• (CD n , C=QO 0 z (n ? a rD CO c0 in Ny-?. CO* Qm -., C O z Z3 Z ?CR J `) ,Y Cb O O, O D) cQ C C O O cD a1 O O N C V y ON V N ?D CL m 10 60 C .-? v3 ? 0)2E00) aI a O win pr c0 fAmD 3n pr ra CL cr -to 0 " O (D 3 Q-4 0 ?n 0 O w C 3 3 0 R n N w 0"M -1 M, 7 0 c .. ? OD?m?Dm3 ° 00301 to 0 C CD IA -C MOM 3 m CD CL o m n M Q * O Q? C (D X ,0.r c o 0 fD m Q 01 0 0,C:tv rt 0 0 c aN N j. <om = z w-- OOL w0 0 rt c?N?ai(Dw? n CL -0 x =1 0-0 ? O C w v ? - 0 C 0 7 D C 1 (D a 1 c n Z:7, 0 CL (D C -9 :3 Ch < C L CD w . 3 m og CD Co CD M-0 y%<(M w OOw3w3cDD 0-<i O a 0 O o ro :E :30 0 M O < CD cD 0 CD 3 0 O ((D _ O. 0 C m N 7 N O O V O d 3 C.3 Q z-% m =QQ. O (1)0 CD 7 c N ,.O (D CD "0 2) o 01 d 01 y O .3 --o C C O C) ! d y ( N wn. CD -, y ?A 0) ? y (D V _?< 7t 0) 0 n j'w? ? 0 (D ? 0W<1 . - d y 01 0 y C ?. O o c N O 01 y N < Q? C? y A.O f11? ?: 6; 0 0 2) "a (D p < 7 O m w? O N CD 0 CD M"o -% 2) to 0 En p. 0 M 0 (D C) CD C CA C 01 Cl" cc 7 d :"O c0 0 o 3 O- y w M O%C 7 3Z3 X O .0 p 0 ?.0 01 01 O O N y A d 0(o " mi 3 m .. Q -+ 7 = SK CSC SCn 0 G< < <? C o"a 00 CCD N d .fD? `? n? d 301 0. O m 7C G 0 0 0tQ?OO5"*tC? O3my tcn(i?1. CD a 0 0 CA 01 to ? G ? A ? O y. to CD o rt? ao a;.. P* CL CL C. c V EXHIBIT C x3/30/2008 15:58 7172434512 STAPLES PAGE 06/06 00YOOFF CHEVROLET 6445 Carlisle Pike Mechanicsburg, PA 17050 Phone (717) 766-0284 www.iawrenoschevyxom vaau SHAWN C. MCNERTNEY 11 W227 01/31/07 CCHRISTOPHER CHECK ? 871 / 106 SOUTH WEST STREET 7CMA OLET TRUCK/2500 SILVERADO 07 CARLISLE, PA 17103 C H K 2 4 U 6 7 E 1 5 7 2 2 7 a ?.nrrwca - • . • • ........................ DISCLAIMER OF WARRANTIES >......... . ' The only wanarlfbs, s I '9 m xrc w. 00! Iv, am" 1`d?A !MA TIEpE ?IE1 6E`JR AT THE the part(e) andlor a o LU DEL oAem by the manulle l w. The sw FAt1D fk, EE 1 liErtll AXLE. LE?K?NB AIC Hp5 COIREp f dealer hnehy expressly dlsoleims T?fIE', Alfa THE Itl?l0.' spud or imA wamuffies, y ,i IN D RFAR L ll}D' E WAR PADS AND. inaWkV erryImpNad warrardl S • •.• Get'?:rFpakll?EA ...............?RI DN............... ... UNIT PRICE- r pu and neither aarmee or autt r?EAlt i' M21677 11.800 gADiAKn rhm any aft parson to aname fol 2- 12171611 5.811 aryNabMay In oorewWon wMh Me #We 1 18041762 PAD KIT 5.017 M Cra paA(a) andlorosrvk . Buyer sha0 r 2 1S 99 62 LINING 5.018 be entlead to recover from the ad TOTAL • PARTS 0.00 dealer any consequerft damapr 1 TOTALS dammW to property, denla u for le . .. .. of use, lose of time, lox of Pmft d118B'- 1 AN& MFIX CTCS JOHN 1 TOTAL 0.00 irremA at &N o tar hddwW dwW 2. COYSES ...._... ..... ............................... .................... L T .E-SIP+I ?.I wn 3TA TH1 LI1S ON THE DO NDT : UP THE SWITX;IL 3T_dS _ 2 TOTALS . ;i L s + ? .? ». . 4 T X1.09 . 3: ...: y , f h$ JOIIAI!RE FMXM •.. ? . .d.. ex ..... *I30ulz ,OtlS ?p ? SI+?E _ y.:..??'^ t ?I,"' ? IG WILL TEAR A KUM OPERATION OF THE SAM AL TRANS MID IT IS WORKING AS'tIESI AND THE REAR END IS OK MLEAM*1 M4EanCw Np REPAIRS TODAY & Oet 3 T(DAIS ...................................... ° CwIRG S . ...................... ..3 JO1M1A. PREFIX' CTCS JOE 3 1 U 3*; 4 N IAty ... __'.?? ?.. ??I .: ?? ? •r? 41 •II it ??I 11I?? 3Y ?Nlrre ti< 1s?Mq a ENTERPRISE RENTAL PROVIDED 1/30/07"' M'n ""'r"'• ?" awes `fr a fief Yrlem j :,d r. Nlele l Iffm how PAGE 1'OF 2 CUSTOMER OOPY -ft 0°? m» a a KVNTai AM Okwa tT PAW i l ipm for w ieNt. G?lgM70 Scc di. claimers on bxk of coopon. Soc disclaimers on back or coupon. Sce disclaimer-im bm-k orcempnn. ATTENTION: SERVICE MANAGER Yotfir marketing package is NOT completer P'I t .,r tact MictmIM1e..?C. C-at 937A-',#"6,8 F x i -. Marke ± = Think' Y t, Aeyndids & Reynolds IntelliPath Marketing 03/30/2002 15:26 7172434512 STAPLES PAGE 04/08 La?wreAWae CI-MVRDLET 6445 Carlisle Pike Mechanicsburg, PA 17050 Phone (717) 766-0284 www.lawroneechavy.com 65312 99M C. MCNERTNEY 11 w227 CHRISTOPHER CHECK 871 106 SOUTH WEST STREET /CHiVROLET TRucK/2500 SILViwo CARLISLE, PA 17103 CHK24U67E157227 803 M7 1 IV,1.I1VJ ....................................................a........ OULAMIER OR WARRANTIES JdA>F d JOUIdY1L pREFi% CTCS 4 T01kL I W The My wenanNss, % any, ap*N r?rAL5• •? ...................... ... ..... ..: the part(s) artdlor service are the offered by the mwwiB hirer. The Bela I () Vi5i!! i -t Nt13M I+IAb () AN E ft S () * TOTAL TMAL PAwlctli3S .0.06 :0.00 dealer hereby expressly disclaims i war wow BMW s preeesd or krlplia pEttSONAC t CK () CK INS CHECK () CK TOTAL SUBLET' .. TONAL G 0 G 0.00 0.00 irrdudirt0 any 1M plisd ww=tWe arkw merdhaMWR Nhrees for a , k. AW y '.( .7.:CI atA!tt,'E () * ' ? TOTAL NIA t TRAL mm ork 0.00 000 y p Purpow and nsNher assumse or auth to assume for erso an ther a RECE SY: DAIS: TOTAL TAX...... 0.00 r y o n gs p AIM' YOU POR YOUR BUSINESS! ! TOTAL. INIVom" 0.aff 1) pares yproonnaction nth sale semkm MNAY4tECEIVE A SURVEY FR@t W ERAL MOTORS *• be entitled to rooover from the &A " IiEBARIIING TkVISRVICE VISIT. IF YOU CANIOT *+r i • " dealer any aonesquenN damage t f d t d t w n LY.SATISFIED TO ANY QUESTION ** (5, amages o proper amages or o y, 411 "k I WILL K. HAPPY TO HELP ? . of use. toss of tirM, lose of "Me irtoome, or any other inadenW damage .ua. CUSTRWR 51 till{tklt#iE .' f • I r y ' 1 PAGE 2 OF 2 v- rem* w . a? hrAaaranala .. b rrrp. cow IN far a ftu arGAMM dd now and adlr n"a rv valaaale ?! M. ftod w No cm) ?a-mm CUSTOMER COM V [ ENQ OF INVOICE ) 04:11pm ry' auma tics diet liimen nn back of wopcm. i Sec disetuiman on hack cf coupon. Sec diaelairnm cm Kitt of coupon. ATTENTION: SERVICE MANIAGER Yow Mar-keting package Is NOT completel sect Miclel?; t 9375-?9 _ shark: Thk :.. _ Reynolds & Reynolds IntelliPath Markefihh 03/30/2008 15:26 7172434512 218762 CHRISTOPHER E CHECK 106 S WEST ST CARLISLE, PA 17013-2859 HOMB:717-243--9389 BUS:717-249-9000 t'MT.T. - '71 '7 -3A 2 -121 A 0 :M3 STAPLES PAGE 08/08 421655 Iw?oL *INVOICE* 11250 ROUTE 30 NORTH HUNTINGDON, PA 15842 724883.8000 Phone 412-271.3100 724863.9488 Fox www.ksnnyrooe.rom :13b?3 lSM3:a.u , 9 STATE INSP=ICH EWJU E8 F9 328 R9 32B TIWS 6893 CM 18.95 18.9 CC G12 -18.95 -18.9 "mil".3,10101419 NOW m Mile F!P.......... k. ?$f6o'^a.?`kE?E?? '•?!:.lS[:'..s.n?''''?9: ?ts+w?'.. Y RMTSysI1ON INS3PSCTION NOT NEEDED 2500 HD. 6893ISPOL h N C fic.. '`' .... GAS TOO. . Aryico Hourl STATdMiNT OF DISCLAIMER HIS MINIM dmfill 1 ! The IeOEerY wurenty 90r100104" al LABOR AMOUNT Mon - Thurs F mm" With c 10 nor Mb d tra Vom r" PANTS AMOUNT 0.00 SAM to 8:30Ph , . Wr0' "edeprdaw jii WI wrtla alt%°ry of GAS. OIL, Lug 0.00 Prl & 58L wananeY l ? ro w efmargw tllh?y? SUENETAMOUNT 0-10-0 SAM to 4:30F+A ' imme : i r a aertlaWa w,rtme. War neldar aaaumea nor MISC. CHARGES -18.9 ? s ?a++ r TOTAL CHAMOIS 0.0 , ¦ EaTly 1.76714 wnnwttan with tl+e J. 0 tNa LESS INSURANCE 0.00 • Lobby wide ceff" ¦ u r '1RC8 ]? . CvsTaoN cr NaTUae SAM TAX ryA"r; PAY TMS AN iOUNT 77Mk YOU A'ar Yow ftdfield :cvsTox, m COPY www.kennymis.com 03/30/2008 15:51 7172434512 STAPLES PAGE 02/05 Service Center 730 East King Street, PO Box 98 7/12/ 0 7 160223 8 7 Te ephone: (, 17257-0098 Telephone: 17) 532-2121 13ERVICE 09PAIRTalEN1' NOUflB Toll-free' (888) 552-2121 ranpelm: LW 7:00 a.m. 40 490 p.m. 7 2 50 7 Re rint www.hhchev.com Von Pick Up; M,T,TI%F 7 a.m. to 2:30 p.m, Van Pick Up: W 7 a.m. to 300 p.m. 4263 4288 CHRIS CHECK NICK BURNS 105 S WEST ST 1GCHK24U67E157227 CARLISLE, PA 17013 717-243-9389 2007 CHEVROLET SILV K2HD WT TRY RED ri - G-uscomer Reports: CHECK WHEN SHIFTING HAS CLUNK COLD OR WHEN DRIVING AND LET OFF GAS Caused by FOUND TO BE NORMAL NOISE TO TRUCK NOISE IS FROM BACK LASH BETWEEN ALL DRIVE TRAIN COMPONANTS SEE BULITON WHICH EXPLAINS BACKLASH Corrected by K9992: (NC) (9Z) Work performed by BRIAN HEMPERLY (445) NORMAL CONDITION ------------ ------------------------------------------------------ #2 - Customer Reports: CHECK FOR OIL LEAK TRANSMISSION AREA Caused by FOUND TO HAVE BAD OIL COOLER LINES INCLUDE .5 E TIME IN DIAG Corrected by J3175: (VN) (2E) Work performed by BRIAN HEMPERLY (445) Installed 12345795 :DYE-FLUOR (08800-BOPCYT) Qty: 1 Installed 15203889 (FP):GASKET (01550-CT) Qty: 1 REPLACE OIL COOLER LINE SEAL AND RETEST OK AT THIS TIME ---------------------------------------------------- #3 - MULTI: FREE MULTI-POINT INSPECTION WITH WRITTEN REPORT FOR CUSTOMER. Sub Total: Labor: .00 Parts: .00 Total: .00 A °RMS: STRICTLY CASH UNt.E88 ARRANGEMENTS ARE MADE. 'I hereby, atthonze Mar repair ork herelnefter to be dam alenp YAM Me noumary material and spree that yet ere not mapory Is for lose er damblo to vehilde or arddss left In the vehldo In case of Ore, theft, a any other wee beyond your control or for soy delves owned by unavanabllily of park or delays In parts ipmente by the wpp#w or transporter. I PwoW grant you or your 1"loyam pmMvolon to moo the veNole heroin d"wroed on sMaak, hlphweys, or rdsewhera for the purpose or testing Id/or Inspwilon. An sa<prses meehenlea Ilan to thereby wMawtedged on above vehicle to secure a amount of repairs thereto' SCLAIMER OF WARRANTIES. The faelory wemanty conatlWtes as of me weerarNioa wAh roped the sale of this Ilarnfitems. The ewer hereby expresslydledelms all wanansea, alher express or plod, lndudtng any Implied waMemy of morchantlbalty or ftness for a parlcular purpose, and the er neither waumas nor authorizes any other person to assume far It any Ilabllty In connection Ih the sale of Mls IlornlNerrre, TOTAL DUE I.D. X 03/30/2008 15:26 q & q 7172434512 Service Center 730 East King street, p0 Box 98 Shippensburg, PA 17267-0098 Telephone. (717) $32-2121 Toll-&W- (888) 532-2121 WWW.hhchev.OOM 106 S WEST ST CARLISLE, FA 17013 717-243- 2007 CHEVROLET SILV It2HD WT TRK 1GCt=4U67E157227 rr? - %?:ustomer Reports : CHECK FOR 41Z LEAK Caused by FOUND T O HAVE HAD REAR MAIN SEAL LEAKING AROUND CRANK SEAL HR E TIME IN DIAG AND UNDERCOATING *** Corrected by J1120: (VN) (2E) Work performed by BRIAN HEMPERLY Installed 89060436 (FP):SEAT K 4 Warra , IT (00137 BPCKT) Installed 12345382 :ADHESIVE (08800-CT) Qty' 1 RE n Warra MOVE TRANSMISSION AND REPLACE REAR MAIN SEAL Qty: 1 REINSTALL TRANSMISSION Warran ROAD TEST OK SET OVER NIGHT AND RECHECK AFTER TEST DRIVE NO LEAKS AT THIS TIME #2 * SVCTRANS: GM WARP, REPAIR --ALTERNATE '------------------- TRANSPORTATION (5105) - Caused by 2 DAX RENTAL Corrected by 27902; (MT) (98) Work performed by BRIAN HEMPERLY (445) Warrant E Ork NkfS; STRPMYWH er to be do none UNIESS ARM NWMBM ARE MADE, •I hereby authorleo the is for loan demo 11" with the nacwaary motorist ant ogres thel a:enotrKPak ape b vsnlde ospans AWR • or artlcles Iefl In the yahlde In woo or IUSa beyond your PWf4al or far any dWeyp =ON heft. or any wrier eaWlNy Of Pens rt or deleye In prate flDmerMa by e:e euppger at t erre ort I ? ' ARTS p er. hereby'm tl you eorats &a whids herein deecebed on streets, hhth for pYq twmiseI- Ip we ya or etae NIAS whi rn r I^apeEaPn M 6orpros9 ' RED TE1 E . meEttanlc 6 lion W here by e nOW led geQ e amount of repels thaAtp - abeW v9hlde ro? M1?LET SCLAIMEROFWARRANTIES. Tnefpctor SHOP S "L-08 ywarranty00R"kTBSantdthewanantieswith mpso ft sale Of This "Oft. The a0v hwWW esprepslydleafehng ee warami0a, eMlmr eked, Mlrh,ding any Impxsd wan wNy Of m ooMnllb liMlr or rxeh nd M b b MAZARDO SAAA TX SALES TAX OR TAX I D a mar eueO outef pu er eYUmN n any &bm Of1w to assume pme6n r for it it M?tl pry Ileelllty In tbnnetl1. h Ise sale of this kemAhms. . . . SpECfAL ORDER DE?OBfT F o1scoumm TOTAL DUE •' .I X STAPLES PAGE 05/08 SERVICE OEPARi71ENT HOURS 8/01/07 6022960 Ralsalne: M-F TrOD e.rn, to JIM p.m. 8 0 ? 0 7 ,46h Pick Up: M.T,,M,F 7 e.M, ro a:ao p,m. Pre -X11 veh Pick Up; W 7 a.m. to S:3D p.m. 4537 454' 03/30/2008 15:26 7172434512 25500 CHRISTOPHER CHECK 106 S MIT ST CARLISLE, PA 17013 HOM:243--9389 BUS: ,, • 3 . 14 Li 1'?rQ D, E T$ TYPE Chas--- -------------------- 'ens t?i+r1= ? , .fir. QUALM. ozL. CC sis iube' 412 „£ ' 11,89017524 FIL' >:a... i W ;,C? a B P.M ke.L n%lYJ!.., •.: is,. „,...., G'KEVROT. rtt Com STAPLES n6'4 *INVOICE* S PAGE I ICE ADVISOR: I.r?g us - Oil MmTI PAGE 07/08 RITE CHMOLET 16 01 RITNE,R HIGHfiPP,y CARLISLE PA 17013 LEVELS AND ...,... a?Y:?::f t'g>t:>4:?ty `.'SK;':ails :h:qk •'. $•: `: s> 10-10 rry1,a10 10 .40 6.,40 6.40 ..ra .:.:.,:. xu.,...: . .. PARTS 'k 0. LAWR . sx<: s.,.r.• ? '. ... .: t;... .. to ? 00 1VZAL ., ? ,>k...x.. ? LINE iE nto ON BEHALF OF SERVICING DEALER, 1 HEREBY CERTIFY THAT THE INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE SH OWN. SERVICES DESCRIBED WERE PLRPORMED AT NO CHARGE TO OWNER. V H CLE RE OTHWAS NO FROM THE REPAIRED ED ORANCE OF THE R REPLACED UNDER THIS CLAIM MAD BEEN CONNECTED IN ANY WAY WITH ANY ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS CLAIM ARE AVAILABLE FOR 11) YEAR FROM THE DATE OF PAYMENT NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY MANUFACTURER'S REPRESENTATIVE, A N DI L I E The bctory warranty Corntitutw aU Of the werrandos with r"Peet to tho pale of thfa ltan A*hs. The Soil- hereto exora+sly disolairrlp all wafralnlae ahher amem or imPkad. Iheludinp ony impllad warranty of rnerohantnblpty or fhnnap for a partkuiar 'purpnee. 991kr neither moumnp nor autheriaea arty 011101 paraarl to afaume for It any 11011ty in ronnectien with the lair of this itemntems. CUSTOMER COPY THIS AMouNT 0. 03/30/2008 15:26 7172434512 CUSTOMER #: 218762 CHRISTOPHER B cHECK 106 S WXST ST CARLISLE, PA 17013-2859 HOME:717-243_9389 CONT:x/A BUS: 717..2aa_a^^^ _ 2 STAPLES PAGE 06/08 440530 KPFY ROSS Aq *INVOICs* AND SONS 1120 ROE 30 NORTH HUNTINGDON, PA 15642 724-863-9000 Phone PAGE 3. 412-2713100 724883-9498 Fax SERVICE ADVISOR: www.kannyrons.com 1:5$1;11?..` .`.t ySk? ;:fiFV` 'naa'>;?,•:•°kov ... t OPTIONS: STK:57C0994Q ULR:13693 TR1q:MW3?6.0`Liter ^1N- !.i.aii:.:i,'"'d':?;x.:44,: il?ii 'I i. s t y Is I I sl ? Ilk '?IV `I I' 'n:%S k k Y , t ` k y ? , S i : ..: > >? y . . S'a i } } ?,. ?d' . ? ':' .. •a+ .,. h i•. ? yi:.k: •v ! i• ' ; S 1, S ;} 5 } ' i • ' ? 5 i ,? :y SSE y .. a ? } k y hsi h ',, .k's •a•s?L a i?,nt £w S';' h ? " } :i ? {s ,> , h ' ? \ V y? ? > e 7^`° 6•?! $ '?f1'?.?t, , i' '' S 7° 4 `h r4 ', k kr ''.5 r4 "; k? fi 4 . I •?li 1 : i i .. .s v.• i??q ? H a I 3+ e}x+ .[.: r: s__',.ti, t!; .... '.?.'3a',Syr?oS.y;.,'be.i+`• it t,ti•:. .. s•. i ,t. '•'• ,,S„i S:'v,?ii y k•..:: ib'. ? ??h' a.S' S ,? t? kt [,Iya ' Man - Thurs 8AM to 8:30PM Fri & Sat 8AM to 4:3OPM ¦ Early ,bird Service ¦ .T.ribby with Coffee ¦ Full Service Body Shop STATEMENT OF DISCLAIMER Tho fact" warranty 0orho nd[tti et werremes with respect to the sere of this itemlenms, The Seller hereby exorquiV dlecNtmtk ell werron[be ehhar expreee ar Imcfled. Including anv Imphee Htertlsi IV of rnerduntawilty or for n Pertimiler p iromm. Slllnr nelther eaeumee nor eu""ze-t any other gpersan to aeeume far IS nny fi%,Ign In cameetlan with the ante d tNle Itom/Iteme, CUSTOMER CO$Y INSURANCE PLEASE PAy THIS AMOUNT k You For Your Bus, www. kennyross. coin 04/OS/2008 12:20 FAX 7172494254 OFFICEMAX 11-1 Lwr?E ?VIbDLET 6445 Carlisle Pike Mechanicsburg, PA 17050 Phone (717) 766.0284 www.lawroncechevycom 033L4 30DY L. ECHTERLING 13 CHRISTOPHER CHECK ?? M.a... 8,85-, 106 S ME ST CARLISLE, , PA 17013-2859 0 Mum ET TRUCK/2500 SILVERADO _ CAR _ cHK24U67E157227 16 001 ` , *( "? ..)3N I 1 , 2V2 w)1.. IST` p ? ' . f IPf DISCLAIMER OF WARRANTIES The -1 werranhas, N W* appyhrg to the i art( dl d OI R S THAT TWA IS A OfL LEAK.7lIIRE I5 A DYE IN p s) ao or serv ces are those IT .IIOW..• offered by llte rruarwlectlrer. The seNirg M GOOIER S IVES LEAKING BASKET KET BETIEEN ENGINE OIL GOOIER LINE BLOOC MO L dealer hereby atrprenly diadaims all warranties, either eqireeeed or inpNW OI PAN , inducing any implied warramies of PA05-'• ..QTY-- FP-NtNMR ................ DESCRIPTION .... ............ ....UNIT PRICE- merclterutabiltiy or these for a particular 1 16203889 GASKET 1.550 WMANTY Purpose, and neither sesumse or aulho- TOTAL - PARTS 0.00 rian cry other pewsw to assume for it G:O. G. 0 SUPPLIES- ...., ............................................ ......... liesW any In connection wNh the axle of PROCU .. 25000 PROCURI?ENT FEE Ir14RR/INTY a. Pte(s) Buyer shati not this ardor TOTAL - GOG 0100 be wilitled to recover hom the soft 1 TOTALS ........... - • - ...........................•_ dealer any consequattlal damages, .......... ... damages to mop". demagn for low = JOBS 1 JlXN1NAL PREFIX CTCS JOB>>k 1 TOTAL " 0 00 of use, lose of time, km of proRls or . h we, of any usher incidertfal damage., TOTALS........................... ............. ...•---.........................._... :... -list TOTAL LAam.... * CASH <) VISA' ( ) KAM CARD () AM EXPRESS () * TOTAL pp?$ * . TOT k ' 0.00 0.00 SI T iY. ... LE * PERSO K CHECK () CO INS CHECK () CK8 * _ 7A1 B.A.t * 0. 0.00 r ' F nj? K...i 'tk''.: _-s•^,........ _ ' p1 0.00 .:.1.. AIR #.FM 111111NK YOU FOR, MR.RIMNESSii . : ' ?. _.: . WITAL 0.00 ** YOU HAY REMIVE A WIM BEDERlIL110TORS RE6A DINB TIIIS SERI= A Y - ? ygU GIOpT ** ? A ASYNER .(%IEfEL TXN3TION:+* rsA 1MM° TL ** PLEASE.COND L? 1 J'..JIWlWOIQ1-.-???: ** ** I WILL BE HAPPY TO HELP YOU I.u?w WL¦AOf OYr CUSTONER SIGNATURE a ?YAIW W >H V• wM.IL is Iw". ., .. _ ., .. er1Y dll/V IIIt w..M..r > A 0e .a . ' M.e IMIs eb mbsr r.p.M! - -d MW vw w d*6 60ft JW. n-! PAGE +' OF A . CUSTOMER COPY I OND OF INVOICE 111:Oeern -? - pip.. cd (n7) 7"-OM for - MOM arm. oowwc pw CHRIST ilipKk urwupon. k of coupon. :.OTHER GENERAL MOTORS s 1r? DEALER COUPONS HONORED 0 n Wri'IaIOW Wn'.aal6orrlen serAw at ? ? w ?- ,.J °u yp rK b u we 101101 valid ?O°a General a e dedert Y -- SapdaeMorF' - f rMwr YF,ovAi A` .OOp¦s.enrMpwrdlwLr ?.r '. .RC3S7d1D0 CC&AAT-4 ofcoupon. r • bealaYpYren.,aNNn" ¦ ItfrMrame r ,rte ?r aria w. ell 611110, 041ere,.461n.S - - mod, l„rlw.y?rrey ?? . ?? C.MIN?ri?. w ?waC'rGiitleo ` dOYpe/I'?M-: /111/1/[ 91. 4?pe 05/14/2008 14:51 FAX 7172434254 OFFICEMAX ?+ Wool SUTLIFF CHEVROLET CO. + SERVICE Sox 1807/13th & Pax{on Sts. INVOICE ct?l Harllebunj, PA 17105 (717) 238 1? A?*W FED, I, D. ft5-1810080 SO# 578852 DATE/TIME IN: 5/12/2008 6:56 DATE/TIME OUT: 5/14/2008 14:15 SA: DAVID MARTIN DOC COUNT: 1 PAGE: 1 CHRISTOPHER CHECK 05 1GCHK24U67E157227 106 S WEST ST 2007 CHEVROLET SILVERADO RED CARLISLE PA 17013 ENGINE: 6.OL LQ4 LIC.NO: MCKSPTR (717) 243-9389 MILES IN/OUT 9320 / RATE: -------------------------------------------------------------------------------- LINE 1 OWNER STATES LEAKS OIL NEAR REAR OF ENGINE HAD DYE PUT IN AT ANOTHER DEALERSHIP REPAIR 1 DIAG AND REP REAR MAIN SEAL AND TRANS INPUT SEAL OPCODE: U1080 SALE TYPE: WARRANTY WTY MRS: 4.10 OTH MRS: 2.00 PRIMARY TECH: 080 WARR PARTS: 7 PARTS DESC FP QTY PRICE SALE TYPE GM 89060436 SEAL KIT Y 1 WARRANTY WTY GM 15077362 SEAL N 1 WARRANTY WTY GM 24242395 GASKET N 1 WARRANTY _ -WTY GM.. 12386077'SPAL N 1 WARRANTY WTY GM 12593587 GASKET N 1 WARRANTY WTY GM 15890981 SEAL N 1 WARRANTY WTY GM 12346190 FLUID,MAN N 1 WARRANTY WTY LINE 2* Three Day Rental REPAIR 1 Rental - 3 DAY OPCODE: Z7903 SALE TYPE: WARRANTY WTY PRIMARY TECH: 080 NET ITEM: C Three Day Service Rental SALE TYPE WARRANTY WTY UNIT QTY: 3 UNIT AMT: --------------------------------------------------------------------------------- "*" Following the line number denotes added operation. THANK YOU FOR CHOOSING SUTLIFF CHEVROLET CUSTOMER SIGNATURE CUSTOMER TO' IMPORTANT --- $-00 You may receive a questionnaire from Chevrolet •? Motor Division in the next few weeks, If for any reason you cannot grade us a "comPletey satisfied;" plow contact "nave Martin" (Service Consultant) SERVICE DEPARTMENTS Thank You atem 232-Ost, Co. CAR -13th & Paxton Streets 2344444 ( Sut717) (717) 232-0033 TRUCK - Cameron & Paxton Streets 232-0083 COLONIAL PARK - 4949 Queen Ave. 541-5111 T r--' c? '"11 ' l , a? 00 '1? a sl f t' r 1'i'l Q Qzz ? 3 b 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER CHECK PLAINTIFF VS GENERAL MOTORS CORPORATION ?d . SSS? CI ?1I?m CASE NO. DEFENDANT AFFIDAVIT OF SERVICE I, the undersigned, Kurt D. Mitchell, J.D., hereby certified that a true and correct copy of the COMPLAINT was mailed to the Defendant, General Motors Corporation at 300 Renaissance Center, MC 482-C 14-C 66, Detroit, MI 48265 via DHL EXPRESS, signature delivery, postage prepaid on September 18, 2008. The delivery signature is attached hereto, made a part hereof and marked as Exhibit "A". Respectfully submitted, MITCHELL & BOLLIGER, PLLC Kurt D. Mitchell, J.D. Attorney for Plaintiffs EXHIBIT A DHL: Track details IMWAW+511110 Track results detail Tracking results detail for 28995816953 Tracking summary Current Status v' Shipment delivered. Delivered on Delivered to Signed for by Tracking history Date and Time 9/19/2008 9:12 am 9:03 am 8:16 am 9/18/2008 9:21 pm 4:39 am 3:03 am 2:24 am 9/17/2008 7:08 pm 5:07 pm 4:59 pm 2:14 pm Ship From: MITCHELL & BOLLIGER Kittanning, PA 16201 United States 9/19/2008 9:12 am D BRAGGS Status Shipment delivered. With delivery courier. Arrived at DHL facility. Transit through DHL facility Depart Facility Transit through DHL facility Processed at DHL Location. Depart Facility Processed at DHL Location. Departing origin. Shipment picked up Ship To: GENERAL MOTORS CORPORATIO Detroit, MI 48265 United States Location Romulus, MI Romulus, MI Romulus, MI Niles Regional Hub, MI Erie, PA Erie, PA Erie, PA Evans City, PA Evans City, PA Evans City, PA Evans City, PA Shipment Information: Ship date: 9/17/2008 Pieces: 1 Total weight: 1 lb ? Print this page Ship Type: Letter Shipment Reference: Service: 2nd Day Special Service: Description: Tracking detail provided by DHL: 9/29/2008, 7:02:29 am pt. You are authorized to use DHL tracking systems solely to track shipments tendered by or for you to DHL. Any other use of DHL tracking systems and information is strictly prohibited. * Note on weight: The weights displayed on this website are the weights provided when the shipment was created. Actual chargeable weights may be different and will be provided on invoice. http://track.dhl-usa.com/Track-PrintRslts.asp Page 1 of 1 9/29/2008 co "t > Ix? O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Christopher Check, Plaintiff, VS. General Motors Corporation, Defendant. Case No.: 08-5552 PLAINTIFF'S NOTICE OF SERVING FIRST SET OF DISCOVERY The Plaintiff, Christopher Check (Hereinafter "PLAINTIFF"), Ithrough MITCHELL & BOLLIGER, PPLC and the undersigned counsel, THEREBY gives notice of serving first set of discovery which Iincludes: 1. Twenty (20) interrogatories pursuant to PA.R.C.P. 4005. 2. Thirteen (13) document requests pursuant to PA.R.C.P 14009. 3. Eighteen (18) requests for admissions pursuant to L.R.C.P. 4014. 1 CERTIFICATE OF SERVICE II HEREBY CERTIFY that a true copy of the foregoing was supplied U.S. Mail to: Travis Gery, Kantrowitz & Phillippi, LLC, 1880 JFK Blvd, Suite 1101, Philadelphia, PA 19103 this 33 rA day of C)CA--ObeC , 2008. ;i Mitchell & Bolliger PLLC KURT D MITCHELL J.D. PA. BAR NO.: 205917 186 Blaney Rd. Kittanning PA 16201 PH: 724 954 3087 FAX: 724 954 3107 kmitchell@mblawgroup.com 2 E c; CD To Plaintior, You are herby notified to plead to the enclosed New Matter within twenty (20) days from service her or defau!ljudgment may be entered againstyou. eve en B. Kan wttZ By. Attorney for Defendant KANTROWITZ & PHILLIPPI, LLC By: Steven B. Kantrowitz Attorney Id. No. 25737 Suite 4210, Centre Square West 1500 Market Street Philadelphia, PA 19102 (215) 496-9400 CHRISTOPHER CHECK Plaintiff V. GENERAL MOTORS CORPORATION Defendant Attorney for Defendant, General Motors Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS 08-5552 JURY TRIAL DEMANDED DEFENDANT'S, GENERAL MOTORS CORPORATION, ANSWER TO PLAINTIFF'S COMPLAINT, WITH W MATTER Defendant, General Motors Corporation, by its undersigned attorneys, hereby answers the Plaintiff's Complaint and in support thereof states the following: 1. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. 2. Admitted in part. Denied in part. It is admitted only that General Motors Corporation is a corporation with its principal place of business in Detroit, Michigan. The remaining allegations are conclusions of law to which no response is required or are denied as stated. By way of further response, it is denied that answering defendant was involved in selling and servicing vehicles in Cumberland County, Pennsylvania. 3. Denied as a conclusion of law to which no responsive pleading is required. 4. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Hence, they are denied. By way of further response, it is generally admitted that Exhibit "A" is attached. No admissions are intended or made with respect to Exhibit "A." 5. Denied as a conclusion of law to which no responsive pleading is required. It is generally admitted that Exhibit "B" is attached to the Complaint. The Exhibit is incomplete and, to a certain extent, illegible. In view of that, no admissions are intended or made with respect to Exhibit "B." 5(A). Denied as a conclusion of law to which no responsive pleading is required. By way of further response, any such `written warranty' is a writing that speaks for itself and the characterization is, therefore, denied. 5(B). Denied as a conclusion of law to which no responsive pleading is required. 5(C). Denied as a conclusion of law to which no responsive pleading is required. The allegations of defects are denied. 6. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. By way of further response, it is generally admitted that Exhibit "C" is attached to the Complaint. No admissions are intended or made with respect to Exhibit "C." As to the allegation that the vehicle was taken to answering defendant's "seller/agent", this is denied. It is specifically denied that H & H Service Center is the "agent" of answering defendant. By way of further response, it is specifically denied that Kenny Ross and Sons is the `agent' of answering defendant. By way of further response, it is specifically denied that Lawrence Chevrolet is the `agent' of answering -2- KANTROWrrZ & PHILLIPPI, LLC defendant. By way of further response, it is specifically denied that Sutliff Chevrolet Co., is the `agent' of answering defendant. As to plaintiff presenting the vehicle, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. 7. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, the allegations of defect are denied. 8(A)-(B). Denied as a conclusion of law to which no responsive pleading is requited. The allegations of defects, failure to repair, and violation of warranties are denied. COUNT I 9. Defendant, General Motors Corporation, hereby incorporates by reference its responses to paragraphs 1 through 8, inclusive, as though fully set forth herein. 10.. Denied as a conclusion of law to which no responsive pleading is required. 11. Denied as a conclusion of law to which no responsive pleading is required. 12. Denied as a conclusion of law to which no responsive pleading is required. 13. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. 14. Denied as a conclusion of law to which no responsive pleading is required. 15. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, the allegations of failure to repair, the allegations of defect, the allegations of breach of warranty and violation of statute are all denied. WHEREFORE, the Defendant, General Motors Corporation, demands entry of judgment in its favor together with interest, costs and such other and further relief as the Court may deem just. -3- KANTROWrFZ & PHILLIPPI, LLC COUNT II 16. Defendant, General Motors Corporation, hereby incorporates by reference its responses to paragraphs 1 through 15, inclusive, as though fully set forth herein. 17. Denied as a conclusion of law to which no responsive pleading is required. 18. Denied as a conclusion of law to which no responsive pleading is required. 19. Denied as a conclusion of law to which no responsive pleading is required. 20. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. 21. Denied as a conclusion of law to which no responsive pleading is required. 22. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, the allegations of failure to repair, the allegations of defect, the allegations of breach of warranty and violation of statute are all denied. WHEREFORE, the Defendant, General Motors Corporation, demands entry of judgment in its favor together with interest, costs and such other and further relief as the Court may deem just. COUNT III 23. Defendant, General Motors Corporation, hereby incorporates by reference its responses to paragraphs 1 through 22, inclusive, as though fully set forth herein. 24. Denied as a conclusion of law to which no responsive pleading is required. 25. Denied as a conclusion of law to which no responsive pleading is required. 26. Denied as a conclusion of law to which no responsive pleading is requited. By way of further response, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. -4- KAMMOWTTZ & PHILLIPPI, LLC 27. Denied. It is denied that there were non-conformities that substantially impair the use, value and/or safety of the vehicle. By way of further response, the allegations of non-conformities are denied. 28. Denied. It is denied that there were defects or a failure to repair. 29. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. The allegations of non- conformity and failure to repair are denied. 30 Denied as a conclusion of law to which no responsive pleading is required. 31. Denied that answering defendant caused plaintiff any damages. Denied that there is a failure to repair or that there are non-conformities. Further denied as a conclusion of law to which no responsive pleading is required. WHEREFORE, the Defendant, General Motors Corporation, demands entry of judgment in its favor together with interest, costs and such other and further relief as the Court may deem just. COUNT IV 32. Defendant, General Motors Corporation, hereby incorporates by reference its responses to paragraphs 1 through 31, inclusive, as though fully set forth herein. 33. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments, hence, they are denied. 34 (A, i, ii, iii). Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that answering defendant violated any statute. It is specifically denied that answering defendant failed to with any applicable warranty. It is specifically denied that there is a breach of any warranty or any non-conformity in the vehicle. It is specifically denied that answering defendant acted in any manner that was reckless, wanton, and/or willful. -5- KANTROWffZ & PHILLIPPI, LLC 35 (A-i, ii, iii). Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that answering defendant violated any statute. It is specifically denied that answering defendant failed to with any applicable warranty. It is specifically denied that there is a breach of any warranty or any non-conformity in the vehicle. It is specifically denied that answering defendant acted in any manner that was reckless, wanton, and/or willful. 36. Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that answering defendant violated any statute. It is specifically denied that answering defendant failed to with any applicable warranty. It is specifically denied that there is a breach of any warranty or any non-conformity in the vehicle. It is specifically denied that answering defendant acted in any manner that was reckless, wanton, and/or willful. It is specifically denied that answering defendant caused plaintiff any damages. DEFENDANT'S NEW MATTER 37. The Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 38. The Plaintiff's cause of action may be barred by the applicable statute of limitations. 39. The Plaintiff may have failed to provide the Defendant with proper notice of the alleged breach of warranties, express or implied. 40. The non-conformities alleged in the Plaintiff's Complaint did not substantially impair the use, value or safety of the vehicle in question. 41. The Plaintiff's Complaint fails to state a cause of action which justifies the award of treble damages. 42. The Plaintiff's recovery, if any, must be reduced by a reasonable allowance for the Plaintiff's use of the vehicle. -6- KANTROWITZ & PHILLIPPI, LLC 43. The Plaintiff has failed to exhaust the administrative remedies prior to the filing of the within action. 44. The defects and/or non-conformities as alleged in the Plaintiff's Complaint may be the result of abuse, negligence, modification or alteration of the vehicle in question. 45. The Plaintiff's claims are barred or limited by the defense of laches. 46. The Plaintiff's claims are barred or limited by the defense of waiver. 47. Defendant, hereby reserves the right upon completion of its investigation and discovery to file such additional defenses, affirmative defenses, counter claims and/or third party complaints as may be appropriate. WHEREFORE, the Defendant, General Motors Corporation, demands judgment in its favor together with interest, costs, and such other and further relief as the Court may deem just. KANTROWITZ & PHILLIPPI, LLB BY: STEVFA'B. KAlTROWITZ Attorney for Defendant, General Motors Corporation -7- KAMMOWITZ & PHILLIPPI, LLC VERIFICATION STEVEN B. KANTROWITZ, hereby states that he is a member of the firm of KANTROWITZ & PHILLIPPI, LLC, attorneys for the defendant, General Motors Corporation, in the above-referenced matter; that General Motors Corporation, is outside the jurisdiction of this court and verification by one of its officers or its employees cannot be obtained within the time allowed for serving Defendant's, General Motors Corporation, Answer to Complaint; that he has read the foregoing answers and that the facts set forth are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. KANTROWITZ & PHILLIPPI, LLC BY: Dated: -8- KANTROWITZ & PHILLIPPI, LLC Attorney for Detendant, General Motors Corporation CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Defendant's, General Motors Corporation, Answer to Plaintiffs Complaint was mailed, postage pre-paid to: KANTROWITZ & PHILLIPPI, LLC Dated: 16-Z7-ar -9- KANTROWITZ & PHILLIPPI, LLC KANTROWITZ & PHILLIPPI, LLC By: Steven B. Kantrowitz Attorney Id. No. 25737 Suite 4210, Centre Square West 1500 Market Street Philadelphia, PA 19102 (215) 496-9400 CHRISTOPHER CHECK Plaintiff V. GENERAL MOTORS CORPORATION Defendant Attorney for Defendant, General Motors Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS 08-5552 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant, General Motors Corporation, in the above captioned matter. Jury trial is demanded. KANTROWITZ & P LLIPPI, LLC By: Steve owitz Attorney l®rs efendant, General Corporation Dated: /d `aZ 7-G? -10- KANTROWITZ & PHILLIPPI, LLC ? N l y, { Ct co --n J? r CA) rr" 'f k ..? .i... .?J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER CHECK ) Case No.: 08-5552 Plaintiff, ) CIVIL ACTION VS. GENERAL MOTORS CORPORATION, ) Defendant. PLAINTIFF'S REPLY TO THE DEFENDANT'S NEW MATTER The Plaintiff Christopher Check by and through Mitchell & Bolliger, PLLC and the undersigned counsel hereby file this reply to the Defendant's new matter and states: 37. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 38. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 39. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 40. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 41. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 42. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 43. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 44. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 1 45. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 46. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 47. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. Wherefore, Plaintiff demands Judgment against the Defendant including interest and attorney fees and costs. Mitchell & Bolliger, PLLC KURT D MITCHELL J.D. PA. BAR NO.: 205917 186 Blaney Rd. - Suite D Kittanning PA 16201 PH: 724 954 3087 FAX: 724 954 3107 kitchell@mblawgroup.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER CHECK Plaintiff, VS. GENERAL MOTORS CORPORATION, Defendant. Case No.: 08-5552 CIVIL ACTION CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiff's Reply To The Defendant's New Matter has been served upon the following persons via U.S. Mail on November 14, 2008: Steven Kantrowitz KANTROWITZ & PHILLIPPI, LLC 1880 John F. Kennedy Blvd Suite 1101 Philadelphia, PA 19103 t ? y Mitchell & Bolliger PLLC KURT D MITCHELL J.D. PA. BAR NO.: 205917 186 Blaney Rd. Kittanning PA 16201 PH: 724 954 3087 FAX: 724 954 3107 kmitchell@mblawgroup.com 1 r„a lrl _Mz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Christopher Check Plaintiff, VS. General Motors Corporation, Defendant Case No.: 2008-5552 PLAINTIFF'S MOTION TO COMPEL DISCOVERY Plaintiff by and through Mitchell & Bolliger PLLC and the undersigned counsel hereby files this motion to compel the discovery and alleges: 1. Plaintiff served interrogatories and document requests on or about October 23, 2008. (See Ex. A) 2. The Plaintiff than granted 2 extensions of time to respond to the discovery as settlement was attempted. 3. The settlement talks ultimately failed and the Plaintiff Igranted a third extension of time to respond to the discovery until December 15, 2008. 4. After the enormous amount of time to respond the Defendant has filed a response upon Plaintiff on but such response is incomplete. Specifically, the Defendant has objected to every interrogatory and document request. (See Ex. B) 5. The interrogatories and document requests are relevant to the subject matter in this pending cause and are reasonably calculated to lead to the discovery of admissible evidence. 1 6. The Defendant should be compelled to respond to said document requests and Plaintiffs requests that the Court overrule the objections made in connection therewith. CERTIFICATE OF GOOD FAITH ATTEMPT TO RESOLVE I, the undersigned attorney, counsel for Plaintiff, hereby certify that, prior to filing this motion to compel discovery. I attempted to confer with the opposing party in good faith but the attempt was ignored by Defendant's counsel. WHEREFORE, Plaintiffs, requests that the Court enter an Iorder compelling the Defendant to provide the discovery as Irequested herein and granting such other and further relief that Imay be awarded at law or in equity. MEMORANDUM OF LAW INTRODUCTION Plaintiff has filed a four count action against General Motors Corporation founded upon a Federal Consumer Warranty Statute the Magnuson Moss Warranty Act, Pennsylvania Lemon law and the Pennsylvania Unfair and Deceptive trade Practices Act. Plaintiff then pounded 20 very narrowly tailored interrogatories and 13 documents that in essence do nothing more than ask the defendant to indentify potential witnesses and documents and to state its contentions about the lawsuit. To those requests the Defendant, with all due respect to opposing counsel has filed in my opinion bad-faith blanket objections that in no way conform to either the substance of the interrogatory or the requirements 2 of Pennsylvania law. The Defendant believes it is entitled to object to the discovery because the case almost settled. Clearly, such a position is untenable and what the Defendant must either do is enter into a settlement with the Plaintiff or enter into a consent judgment. It refuses to do either so the lawsuit must continue on regardless of the fact that it "almost" settled. Compounding this bad-faith is as an absolute refusal to produce anything after the Plaintiff made attempts to resolve this matter without the need for a motion to compel and Court intervention. I. DISCOVERY UNDER THE PENNSYLVANIA RULES OF CIVIL PROCEDURE IS BROAD RELATING TO ALL MATTERS THAT ARE NOT PRIVILEGED AND RELATE TO THE SUBJECT MATTER. A party is entitled to discovery all matters that are not privileged and are relevant to the subject matter.' Discovery in civil cases is liberal with all doubts being resolved in favor of permitting the discovery .2 Further, the burden on establishing that discovery should not be permitted is on the objecting party.3 In the matter before the Court the Defendant has filed blanket objections to the Plaintiff's discovery requests and in the process and provided no information. Accordingly, the McAndrew v Donegal Mut. Ins. Co., 56 PA D & C 4th 1 (Lacka. Cty. 2002) (citations omitted) z Id. 3 Id. 3 objections should be overruled and the Defendant ordered to respond to the discovery responses. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER CHECK Plaintiff, vs. GENERAL MOTORS CORPORATION, Defendant. Case No.: 08-5552 CIVIL ACTION CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiff's Motion to Compel Discovery has been served upon the following persons via U.S. Mail on December 30, 2008: Travis Gery KANTROWITZ & PHILLIPPI, LLC 1880 John F. Kennedy Blvd Suite 1101 Philadelphia, PA 19103 itchell & Bolliger PLLC KURT D MITCHELL J.D. PA. BAR NO.: 205917 186 Blaney Rd. Kittanning PA 16201 PH: 724 954 3087 FAX: 724 954 3107 kmitchell @mblawgroup. com 1 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ristopher Check, iaintiff, vs. General Motors Corporation, Defendant. Case No.: 08-5552 PLAINTIFF'S NOTICE OF SERVING FIRST SET Or DISCOVERY lh° Piaintiii, Christopher Check (Hereinafter PLAINTIFF"), `-,.roGg:7 VI'T'CtiELL & ?-- BOLLIGER, PPLC and the undersigned counsel, g1ves notice of serving first set of discovery which ??:ciudes : i. Twenty (20) interrogatories pursuant to PA.R.C.P. 4005. 2• 'T'hirteen (13) document requests pursuant to PA.R.C.P 409. 3. Eig?:teen (18 r requests for admis 4014. sions pursuant to PA.R.C.P. CERTIFICATE OF SERVICE 1 1.EREBL CERTIFY that a true copy of the foregoing was supplied J S. Mail to: Tra?;s Gery, Kantrowitz & Phillippi, LLC, 1880 Jrx 3i', d, Site 1101, Philadelphia PA 19 10 3 this. day o- 2008 . c;j:,eii & Bollige ^ PLLC M Pt?. BAR NC.: 205917 186 Blaney Rd. i{- tta-- ing PA 16201 D:? -2G G5G :'G8 i -AX: 2G 954 31G i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER CHECK ) Case No.: 08-5552 Plaintiff, ) CIVIL ACTION vs. GENERAL MOTORS CORPORATION, Defendant. PLAINTIFF'S FIRST SET OF INTERROGATORIES Pursuant to PA.R.C.P. 4005, Plaintiffs request that Defendant, by an officer or agent thereof, answer under oath, within thirty (30) days, the following interrogatories: Instructions: (a) Identify by date, sender, recipient, location and custodian each document relied upon or which forms a basis for the answer given or which corroborates the answer given or the substance of what is given in answer to these Interrogatories; (b) State whether the information furnished is within the personal knowledge of the person answering and, if not, the name, if known, of each person to whom the information is a matter of personal knowledge; (c) If you maintain that any document or record which refers to or relates to anything about which these interrogatories ask has been destroyed, set forth the content of said document, the location of any copies of said document, the date of such destruction and the name of the person(s) who ordered or authorized such destruction. (d) All references to plaintiffs "automobile" are to a 2007 Chevrolet Silverado VIN: 1 GCHK24U67E 157227. 1. State the name(s), business address(es), driver's license number and job title(s) or capacity(ies) of the officer(s), employee(s) or agent(s) answering or providing any information used to answer each Interrogatory. ANSWER: 2. Identify the investigative process the individual identified in interrogatory number 1 under took to gather the necessary information needed to respond to these interrogatories, Plaintiff's first request for production and Plaintiff s first request for admissions. ANSWER: 3. State whether General Motors Corporation contends it did not receive notice of the alleged defects with Plaintiff's automobile before the litigation was initiated. If yes state the reasons why. ANSWER: 4. State whether General Motors Corporation contends that the alleged defects are not covered by its written limited warranty. If yes state the reasons why. ANSWER: 5. State whether General Motors Corporation has paid all warranty claims submitted by any dealership regarding the Plaintiff s 2007 Chevrolet Silverado. ANSWER: 6. Indentify the average anticipated warranty cost that General Motors Corporation has calculated for 2007 Chevrolet Silverado vehicles. ANSWER: 7. Identify the actual cost General Motors Corporation expended servicing the 2007 Chevrolet Silverado that is the subject of this litigation. ANSWER: 8. State whether General Motors Corporation contends it or its Dealerships ever told the Plaintiff the alleged defects were not covered by its written limited warranty. ANSWER: 9. Identify each technical service bulletin issued in connection with plaintiffs automobile or other automobiles of the same make, model and model year. For each such bulletin, state: a. the technical service bulletin number, and ANSWER: b. the date of issuance. ANSWER: c. the particular system of the vehicle the TSB applies. ANSWER: 10. Identify all claims for warranty reimbursement filed by any dealer in connection with plaintiffs automobile. For each such claim, state: a. the date the claim was filed, ANSWER: b. the name and address of the dealer filing the claim, ANSWER: c. a description of the warranty or other work for which the dealer sought reimbursement, ANSWER: d. the number of hours claimed by the dealer for labor to perform the warranty or other work, and ANSWER: e. the parts the dealer claimed to have installed. ANSWER: 11. State whether General Motors Corporation disputes that its authorized dealerships are agents of General Motors Corporation. If yes state the reasons why. ANSWER: 12. State whether or not General Motors Corporation disputes that the terms of the written warranty require that defects in material and workmanship be corrected within a reasonable time. If yes state the reasons why. ANSWER: 13. State whether General Motors Corporation contends it was not given a reasonable opportunity to correct the alleged defects pursuant to the warranty. If yes state the reasons why. ANSWER: 14. State whether General Motors Corporation disputes it is a "supplier" and "warrantor" as defined by the Magnuson Moss Warranty Act. If yes state the reasons why. ANSWER: 15. State whether General Motors Corporation disputes the 2007 Chevrolet Silverado that is the subject of this litigation is a "consumer product" as defined by the Magnuson Moss Warranty Act. If yes state the reasons why. ANSWER: 16. State whether General Motors Corporation disputes the written warranty given as part of the purchase of the 2007 Chevrolet Silverado that is the subject of this litigation is a "written warranty" as defined by the Magnuson Moss Warranty Act. If yes state the reasons why. ANSWER: 17. Identify the name(s), business address(es), driver's license number and job title(s) or capacity(ies) of the officer(s), employee(s) or agent(s) who have knowledge of the 2007 Chevrolet Silverado that is the subject of this litigation. ANSWER: 18. State whether General Motors Corporation has destroyed any documents, emails, memorandums, engineering reports, statistical reports or any other documentation pertaining to Plaintiff's vehicle and/or the defects alleged in paragraph 7 of the Plaintiff's amended complaint. ANSWER: 19. If the answer to the preceding interrogatory is "yes" indentify each item destroyed; the date it was destroyed and the reason for the destruction. ANSWER: 20. Identify any emails, reports, studies, memorandums, tech hotline instructions, instructions to dealerships created by or in the possession of General Motors Corporation that exist pertaining to the defects alleged in paragraph 7 of the Plaintiff's complaint. ANSWER: By: Name print: Title: STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared who, being duly sworn, deposes and says that the above Answers to Interrogatories are true and correct. SWORN TO AND SUBSCRIBED before me on this day of , 2008. Notary Public My Commission expires: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER CHECK ) Case No.: 08-5552 Plaintiff CIVIL ACTION , VS. GENERAL MOTORS CORPORATION, Defendant. PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT Pursuant to PA.R.C.P 4009, Plaintiff requests that Defendant produce within (30) days, the documents herein described to PLAINTIFF'S counsel Mitchell & Bolliger, 186 Blaney Rd. Ste D, Kittanning, PA 16201. This request is intended to cover all documents in possession of the Defendant, or subject to his custody and control, regardless of location. As used in this request, the term "document" means every writing or record of every type and description that is in the possession, control or custody of Defendant, including but without limitation to, correspondence, memoranda, stenographic or handwritten notes, studies, publications, books, pamphlets, pictures, films, voice recordings, reports, surveys; minutes or statistical compilations, data processing cards or computer records, files, disks, or tapes or print-outs; agreements, communications, state and federal governmental hearings, and reports, correspondence, telegrams, memoranda, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions or reports of consultants, photographs, motion picture film, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal comments appearing on any document, and all other writings. 1. The warranty policies and procedures manual between General Motors Corporation and all selling and servicing dealerships that was in effect during the purchase or servicing of the 2007 Chevrolet Silverado that is the subject of this litigation. 2. Copies of all documents identified in interrogatory 9 of the Plaintiff's first set of interrogatories. 3. Copies of all documents identified in interrogatory 10 of the Plaintiff's first set of interrogatories. 4. Copies of all documents identified in interrogatory 20 of the Plaintiff's first set of interrogatories. 5. A copy of the individual's job application to General Motors Corporation who was indentified in interrogatory 1 of the Plaintiff s first set of interrogatories. 6. A copy of the individual's degrees, certifications and certificates as it relates to the automobile industry or automotive repair who was indentified in interrogatory 1 of the Plaintiffs first set of interrogatories. 7. A copy of the individual(s) job application to General Motors Corporation who were indentified in interrogatory 17 of the Plaintiffs first set of interrogatories. 8. A copy of the individual's degrees, certifications and certificates as it relates to the automobile industry or automotive repair who was indentified in interrogatory 17 of the Plaintiffs first set of interrogatories. 9. A copy of all customer contact notes between the Plaintiff and General Motors Corporation concerning the 2007 Chevrolet Silverado that is the subject of this litigation. 10. A copy of all communications between General Motors Corporation and its dealerships concerning the Plaintiff or their 2007 Chevrolet Silverado that is the subject of this litigation. 11. Copies of the all payments made to General Motors Corporation dealerships for warranty repairs conducted on the Plaintiff's 2007 Chevrolet Silverado that is the subject of this litigation. 12. Copy of the written limited warranty that General Motors Corporation contends is the operative warranty. 13. Copies of the complete warranty history for the Plaintiff's 2007 Chevrolet Silverado that is the subject of this litigation. Mitchell & Bolliger, PLLC KURT D MITCHELL J.D. PA. BAR NO.: 205917 186 Blaney Rd. - Suite D Kittanning PA 16201 PH: 724 954 3087 FAX: 724 954 3 107 kmitchell@mblawgroup.com EXHIBIT 6 KANTROWITZ & PHILLIPPI, LLC Travis N. Gery Identification No. 57329 1880 J.F.K. Boulevard, Suite 1101 Philadelphia, PA 19103 (215) 496-9400 Attorney for Defendant, General Motors Corporation CHRISTOPHER CHECK Plaintiff V. GENERAL MOTORS CORPORATION Defendant CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS Case No.: 08-5552 JURY TRIAL DEMANDED DEFENDANT'S. GENERAL MOTORS CORPORATION. ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES L-20. Objection. Defendant objects to plaintiff's interrogatories Nos. 1-20, as being unduly burdensome, overly broad, and irrelevant to the only remaining issue in this lawsuit. Plaintiff alleges violations of the Magnuson-Moss Warranty Act, the Pennsylvania Automobile Lemon Law, and the Pennsylvania Unfair Trade Practices and Consumer Protection Law. The underlying basis for plaintiffs claims is that he purchased a 2007 Chevrolet Silverado vehicle and said vehicle exhibited defects in materials or workmanship. Defendant has offered and stands ready to repurchase plaintiff s vehicle, the remedy available under the law. This was aureed to by plaintillf and the only issue that remained %V.1S the al11ount ofplaintilfs reasonable attorneys' lees. Answerlnro dclcn ani zt?recd that this issue could be litigated bel'Ore the court as a part of the settlement. "1 hcrclore. the information requested by interrc??;atories 1-20 is unduly burdensome, overiv broad, and irrelevant to the sole remainmL, issue. Respcofully submitted. K:ANTIZ0WITY, & I'l II L.L..I1) I'l. 1.1.E' BY: Travis erti;rsquire _-, 1830.1. F. K. 13ouIcvard. Suite I iOI Philadelphia. PA 1910 (? 15) 496-9400 Attorney for IM'endant. General :Motors Corporation KANT'ROW"ITZ & PI IIt.L11'P1. LLC Travis N. Ciery Identification No. 57329 1880 J.F.K. Boulevard. Suite 1 101 Philadelphia, PA 19103 (21-5) 496-9400 CHRISTOPHER CHECK Plaintiff GENERAL MOTORS CORPORATION Defendant Attorncv liar Dclendant. General Motors Corporation CU,M13I RLAi\1) C0 I.1NT1; PENNSYLVANIA COURTOh' COMMON PLEAS Case No.: 08-5552 ,TURN` TRIAL DhIMANDED CERTIFICATE OF SERVICE.. I hereby certify that the original of the foregoing Defendant's. General klotors Corporation. Responses to Plaintifl`s First Set of Interrogatories.. tvas mailed on Deceinber 15. 2008. postatie pre- paid, to: Kurt %-Aitchcll. Lscluire Iitche.ll & I3olliger 186 Blanev ltoad. Suite 1) Kittannino. PA 16201 K11N'I1tC)?'I°hZ PIIII.I.IPI'I. I.I.C' 13 Y: 'Fravis N. Cfery, Esquire Attornev for Defendant. General \,Iotors Corporation VERIVICAT_ION STATE OF MICHIGAN } COUNTY OF WAYNE ) SS. LISA GARNAI, being first duly sworn, deposes and says that sbc is authorized pursuant to applicable law and roles to verify, on behalf of General Motors Corporation, the foregoing DEFENDANT'S. GENERAL MOTORS CORPORA ON. ANSWERS TOPLAINIUMPS FIRST SET OF INT'ERROGA'TORIES and that the same arc hereby verified on behalf of General Motors Corporation. Sworn to and subscribed before me this 12th day of December, 2008. SHIRLENE L. ANDERSON Notary Public, County of Wayne, State of Michigan My commission expires: 01/1912013 Acting in County of Wayne 44 LISA ?GARNAI, Authorized Agent Re: Xhcck vs. GENERAL MOTORS CORPORATION) KANTROWITZ & PHILLIPPI, LL C Travis N. Gery Identification No. 57329 1880 J.F.K. Boulevard, Suite 1101 Philadelphia, PA 19103 (215) 496-9400 CHRISTOPHER CHECK Plaintiff V. GENERAL MOTORS CORPORATION Defendant Attorney for Defendant, General Motors Corporation CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS Case No.: 08-5552 JURY TRIAL DEMANDED DEFENDANT'S; GENERAL MOTORS CORPORATION, RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS L-13. Objection. Defendant objects to plaintiffs requests for production of documents Nos. 1-13, as being unduly burdensome, overly broad, and irrelevant to the only remaining issue in this lawsuit. Plaintiff alleges violations of the Magnuson-Moss Warranty Act, the Pennsylvania Automobile Lemon Law, and the Pennsylvania Unfair Trade Practices and Consumer Protection Law. The underlying basis for plaintiff's claims is that he purchased a 2007 Chevrolet Silverado vehicle and said vehicle exhibited defects in materials or workmanship. Defendant has offered and stands ready to repurchase plaintiffs vehicle, the remtd? aVailal?lc under the IaNv. This was ati"rccd to by plaintil'rand the only issir that renlain,:d "as the arnowu orpltaintif'f"s reasmud le attorneys' Fees. Answcring, dciendant agrecd that this issue could be lit gored beRwe the court as a pars of le settlement. Thercl ire, tile- intornmtion requested by interroymories t-13 is undtdy burdensome, overly Road, and irreVant hi dw We remaining iSSLIC. Respectrullt submitte i. Travis N. Oury. Esquire 1880 J.F.K. BoIIICV ard. Suite I WI Philadc1pilia- PA 19 1t1 WIN -1t)(t-W) Attorney 161-Del4nda111. Getleral Motors Corporation KANTROWITZ& PHILLIPPI, LLC -Travis \. Gen Identification No. 57329 1880 J.F.K. Boulevard, Suite 1101 Philadelphia, PA 19103 (21 >) 496-9400 CHRISTOPHER CHECK Plaintiff GF,NERAL MOTORS CORPORATION Defendant Attorney for Dc6clldant. General ',\,totors Corporation CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS Case No.: 08-5,5,52 JURY "TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby ccrtify that the original ot'llic foregoing, Defendant's. General,\?IotoI's COITOI-atican. Responses to Plaintiffs First Set of Request for Production of Documents, was mailed on Deccinber 1. 2008, postage pre-paid, to: Kurt Mitchell, Esquire Mitchell &, 13olli-cr 186 Blaney Road. Suite I) KittannI110, PA 16201 KAN TROVVIT-'Z &, PI III_.L.II'PI. L.L.C BY: lratiis \. Cierv, wire Attorney Ior Defendant. General Motors Corporation VERIFICATION STATE OF MICHIGAN ) SS. COUNTY OF WAYNE ) LISA GARNAI, being first duly swum, deposes and says that she is authorized pursuant to applicable law and rules to verify, on behalf of General Motors Corporation, the foregoing UEFENDA_ 'S, GENERAL MOTORS CORPORATIO, RESPONSE TO MAWIFF'S T REQUEST FOR PRODUCTION OF DOCUMENTS and that the some are hereby verified on behalf of General Motors Corporation. LISA GARNAI, Authorized Agent Sworn to and subscribed before me this 12th day of December, 2008. SHIRLENP L. ANDERSON /Notary Public, County of Wayne, State of Michigan My commission expires; 01/19/2013 Aging in County of Wayne Re: [Check vs. GENERAL MOTORS CORPORATION] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER CHECK Plaintiff, vs. GENERAL MOTORS CORPORATION, Defendant. Case No.: 08-5552 CIVIL ACTION CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiff's Amended Motion to Discovery has been served upon the following persons via U.S. Mail on January 7, 2009: Travis Gery KANTROWITZ & PHILLIPPI, LLC 1880 John F. Kennedy Blvd Suite 1101 Philadelphia, PA 19103 Mitchell & Bolliger PLLC KURT D MITCHELL J.D. PA. BAR NO.: 205917 186 Blaney Rd. - Suite D Kittanning PA 16201 PH: 724 954 3087 FAX: 724 954 3107 Mitchell@mblawgroup.com 1 G L cr% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Christopher Check Plaintiff, VS. General Motors Corporation, Defendant Case No.: 2008-5552 PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT Plaintiff by and through Mitchell & Bolliger PLLC and the undersigned counsel hereby files this motion to enforce settlement and alleges: 1. No Judge has previously ruled on any matter in this case. 2. The parties reached an amicable settlement of this matter on January 9th 2009. (See Ex. A) 3. On January 9th 2009, the Plaintiff forwarded to Defendant's counsel the following: A. Executed release agreement B. Assignment of rights C. Copy of the title D. Lien release E. Other miscellaneous information 4. The release agreement provided that the Plaintiff need only execute a limited power of attorney and execute an odometer statement. Further, the release agreement contains a merger Iclause. 1 any agreement and those who enter into agreements are at its mercy and must adhere to its bureaucratic systems. 13. This belief is absolutely incorrect and should not be tolerated by this Court. Settlements are reached because they are in the best interest of both parties. As such no party should be able to intimidate the other or impose obligations outside of the release as GM is doing in this matter. 14. Finally, it is not secret that the Defendant is tittering on the brink of Bankruptcy; coupled with actions that are clearly dilatory the Plaintiff is in fear of losing the benefits of his bargain. 15. Moreover, despite being given numerous opportunities to complete the settlement no adequate response has been given by the Defendant. 15. As such the Plaintiff is entitled to an order enforcing settlement. CERTIFICATE OF GOOD FAITH ATTEMPT TO RESOLVE I, the undersigned attorney, counsel for Plaintiff, hereby Icertify that, prior to filing this motion to enforce settlement. II attempted to confer with the opposing party in good faith but Ithe attempt was met with threats of seeking sanctions. WHEREFORE, Plaintiffs, requests that the Court enter an I order enforcing settlement, awarding attorney fees and costs Ipursuant to 15 USC 2310 and granting such other and further (relief that may be awarded at law or in equity. 3 e LL, Kurt D. Mitchell J.D.* 186 Blaney Road. Ste D Alclc? Bulliger } Kittanning PA 16201 201 S. Westland Ave 17241954 308' Tampa F133606 {"4} 954 310' (813) 425 2$24 9. Lrzu Fir»a Refxprenting the Ir jurec? & Comm,, rt s (813) 425 2832 F.¢spund ?.?io?:dc: ??{dF TO: Travis Gery From: Jessica Affortunato Fax: 215-496-9089 Pages: 12 including cover paqe Phone: 215-496-9400 Date: February 9, 2009 Re: CHECK v GM cc: ? Urgent ? For Review ? Please Comment ? Please Reply ? Please Recycle Here is all the information you requested. Please let me know if you need anything else. Thank you for your time and attention to this matter. THIS COMMUNICATION CONTAINS CONFIDENTIAL OR PRNILEGED INFORMATION WHICH IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. COPYING OR DISTRIBUTION OF THIS COMMUNICATION BY PERSONS OTHER THAN THE ADDRESSEE IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELYAND DESTR ALL COPIES OF THIS CORRESPONDENCE; THANK YOU SETTLEMENT AGREEMENT AND RELEASE 1. Christopher Check, 106 S. West Street, Carlisle, PA 17013(hereinafter referred to as "Releasor") as purchaser of a certain 2007 Chevrolet Silverado, bearing Vehicle Identification No. 1GCHK24U67E157227 (Hereinafter referred to as "Vehicle") and in consideration of payment by General Motors Corporation (Hereinafter referred to as "Releasee") of $27,720.67, said payment is including all attorneys' fees and is to be made as outlined below, does for himself and each and all of his representatives, heirs, successors and assigns, hereby release and discharge Releasee, its subsidiaries, divisions, officers, representatives, employees, stockholders, authorized dealers, successors and assigns and all other persons, firms or corporations, who are or might be claimed to be liable, of and from any and every claim, demand, right or cause of action for the recovery of damages including, but not limited to those for diminatioli in value, repair costs. or any other ?conurnk; ox nor- economic injuries, losses, breach of warranty and/or damages including any claims for consequential or incidental damages and/or punitive damages, cost of suit and attorneys' fees resulting or alleged to have resulted from the promotion, use or sale of, or any defect and/or non-conformities in the design or manufacture or assembly in the aforesaid Vehicle, including but not limited to those alleged in or to be inferred from allegations set forth in any pleading in the matter of Christopher Check v. General Motors Corporation, in the Court of Common Pleas, Cumberland County, Pennsylvania, Case No.: 08-5552. 2. As consideration for the payment described above to be tendered in the form of two (2) checks, the first, in the amount of $24,720.67 made payable to Christopher Check, the second in an amount of $3,000.00 to his attorneys, Mitchell & Bolliger, PLLC, it is also expressly agreed: (a) That upon receipt ofthe consideration described above Releasor will convey clear title of the vehicle to General Motors Corporation, will execute a limited Power of Attorney in favor of General Motors Corporation to correct any errors in title, and will execute an Odometer Statement. 'i-\ L 1., ;1 7;x.1-.n?`hiClc tn rr; .l .? .: r rl.oclr?'S r(ad 1n rv i v j Hi till. event -the i? is awragcd,. disablIed, *, = est t .. a .? ::?am?r after Releasor executes this Release, but before Releasee tenders payment of the consideration described above, payment of the consideration described above shall be modified as follows: (i) If the estimated cost of repair (said cost to be determined as outlined in Paragraph (iv) below) of the aforementioned Vehicle is less than $24,720.67, Releasor shall tender said Vehicle with clear title to Releasee upon receipt of $24,720.67, less the estimated cost of repair to said Vehicle; Please initial. Page -1- (ii) If the estimated cost of repair (said cost to be determined as outlined in Paragraph (iv) below) of the aforementioned Vehicle is greater than $$24,720.67but less than the value of said Vehicle (said value to be determined as outlined in Paragraph (v) below), Releasor shall tender clear title to Releasee and make payment to Releasee in the amount of the estimated cost of repair less $24,720.67; (iii) If the estimated cost of repair (said cost to be determined as outlined in Paragraph (iv) below) of the aforementioned Vehicle exceeds the value of said Vehicle (said value to be determined as outlined in Paragraph (v) below), Releasor shall tender clear title to Releasee and make payment to Releasee in the amount of the value of the vehicle less $24,720.67; (iv) For purposes of Paragraphs (i), (ii), (iii), and (v), the estimated cost of repair will be determined by ei ner: (a) an authorized General Motors Service Facility; or (b) a Pennsylvania licensed appraiser employed or retained by the insurance company insuring said Vehicle at the time it is damaged, disabled, or destroyed; (v) For purposes of Paragraphs (i), (ii), (iii), and (iv), the value of said Vehicle is the average retail value of a 2007 Chevrolet Silverado as determined by the N.A.D.A. Official Used Car Guide, Eastern Edition, at the time this release is executed by Releasor; (c) That Releasor fully understands that this is a final settlement and disposition of all disputes as to legal liability for and as to the nature and extent of any damages claimed from Releasee by Releasor; (d) That payment of the consideration recited in Paragraph (1) above is for the sole purpose of avoiding further costly litigation and that Releasee continues to deny any Sxrn!'!,doing . or liability for any clai;r of defect in the motor vehicle described in Paragraph (1) above; Please initials r=- Page -2- (e) That upon execution of this Settlement Agreement and Release, counsel of record for Releasor, shall, in accordance with the requirements of applicable rules of Civil Procedure discontinue with prejudice the Civil Action described in Paragraph (1) above; (f) That Releasor fully understand that this is a final settlement and disposition of all disputes as to the legal liability and as to the nature and extent of any damages claimed from Releasee; (g) That neither Releasee's payment of the consideration recited above nor the negotiations preliminary to the execution of this Release shall be considered an admission of liability or wrongdoing by Releasee to any of the claims or causes of actions alleged in or to be inferred from allegations set firth in the matter indicated above; (h) That Releasor and his attorneys have reviewed the provisions of this Release and that the contents of this Release have been explained to Releasor by counsel prior to its execution; (i) That Releasor represents and warrants that he is entitled to give a full and complete release of the claims which are subject hereof, 0) That Releasor represents and warrants that he is entitled to give a full and complete release of the claims which are the subject hereof, and that Releasor has not assigned or otherwise transferred any interest in any claims which are the subject hereof, (k) That Releasor shall not at any time hereafter commence, maintain or prosecute, or cause, encourage or advise be commenced, maintained or prosecuted any action, suit, proceeding or claim based in whole or in part upon or arising out of or in any way connected with any of the matters released herein; Please initial -; r` Page -3- (1) That Releasor does hereby for himself, his heirs, executors, administrators, successors and assigns covenant to defend, indemnify and save harmless the Releasee from any and every claim or demand of every kind and character arising out of the Complaint referenced above and this release; (m) That Releasor expressly warrants that the vehicle has no damage beyond normal wear and tear; (n) That no promise, agreement, statement or representation except as expressed in this release has been made to or been relied upon by Releasor and that this document of 4 pages contains the entire agreement between Releasor and Releasee. Intending to pe legally ',found by &,e terms of this release, the undersigned has affixed his signature this 5` day of'' , 20?. Christopher Check Before me, the undersigned authority, on this day personally appeared Christopher Check, known to me to be the persons who executed the foregoing instrument and acknowledged to me that they executed it for the purposes and considerations expressed in it, in the capacities therein stated. Sworn to and subscribed before me this =' - day of t. , 20 02. r. Notary Public + Page -4- FIFTH THIRD BANK Successor of Franklin National Bank Successor of Old Kent Bank Successor of Civitas Bank Successor of Citizens Bank Successor of Pinnacle Bank CONSUMER LOAN OPERATIONS TERMINATION STATEMENT FOR IRL #: 00864490503 PAID DATE: 08/11/2008 NOT VALID FOR LEASE ACCOUNTS This statement of termination of financing is presented to whom it may concern that Fifth Third Bank no longer has a security interest for the vehicle listed below. Please release Fifth Third Bank's lien at the time a duplicate title is issued. Debtor: CHRISTOPHER E CHECK 106 S WEST ST CARLISLE, PA 17013 VIN: 1 GCHK24U67E l 57227 Year, Make, Model: 07 CHEVROLET SILVERADO Secured Party: Fifth Third Bank 5001 Kingsley Drive, MD: 1MOB IS Cincinnati,/Ohio 45263 By: 17 51-3 T Aizthonzed Agent ? i.J Date: 01/30/2009 Sworn to and subscribed in my presence by Notary Publi ?LE MARY PUBLic - ---' ATE OF MICHIGAN My Commis on EaAftNTY OF MONROE MY CO MIA IN EXPIRES 09"-- 14 Aft in the Cou of i CERTIFICATE O TITLE FOR A VEHICLE 218 OB2179999007414-001 f:. F 1GCHK24U67E157227 12007 CHEVROLET r -? v[Hl';IL Ten'-IFICATION NUMBER 1 YEAR MAKE Or VEHICIF 1 r . TK 0 , 1/11/07 ROD' "YrE DUP SEAT CAP PRIOR TITLE ST-ATE 000M. PHCCD. DATE 1!11/07 1111/07 I 5,341 ` 9,2001 DATE PA TI?LLO DATE OF ISSUE I UNLADEN WEIGHT I G`: SVR REGISTEPFr, OWNER(S) Qu a {i r'f{rc,;l CHRISTOPHER E CHEF >, rT BnA?;t:.I `??Q 106 4S WEST ST -.- CARLISLE PA 17013 FIRST LIEN FAVOR OF FIRST LIEN RELEASED- DATE 3Y_ AUTHORIZED REPRESENTATIVE MAILING ADDRESS '? ?' CHRISTOPHER E CHECK ],06 S WEST ST CARLISLE PA 17013 SECOND LIEN FAVOR OF: 6413994 5501 CH TITLE NUMBER 0000631 0 UDCM. MILES I ODOlA. SiATCi I G(;WR I TI rLE BRANDS OOOMEI'ER STATUS 'J = ACTUAL MILEAGE 1 = MILEAGE EXCEEDS T14£ MECHANICAL LIMITS 2 NOT THE ACTUAL MILEAGE I - NOT THE ACTUAL MILEAOE-ODOMETER TAMPERING VERIFIED a EXEMPT FROM ODOMETER DISCLOSURE TITLE B'iANDS A = ANTIQUE VEi If CLE C CLASSIC VEJi'CLE D COLLECTIBLE VEHIC!,,, ' r OUT CF COUNTRY ., + Oi IOI•::. LT MFOD. '•Or, DISTRIBUTION H = AGRICULTURAL VEHICLE L . LOGGING VEHICLE P = ISIWAS A POLICE VEHICLE R : RECONSTRUCTED 5 . STREET ROD T . RECOVERED THEFT VEHICLE V VEHICLE CONTAINS REISSUED VIN W = FLOOD VEHICLE X . ISWAS A TAXI It a second lienholder is listed upon satisfaction W the first lien, the first lynholder must lone and this Title to the Bureau of Motor Vehicles with the ' appropriate form and fee. SECr?ND i.IEN RELECSEC DATE BY AUTHORIZED REPRESENTATIVE geMly as M the dMB of issue, the official records of the Pennsy:venia Dopartment M T,ansponahon retied t m me perxor,l si or -company named marea1 in, thv a'xhi ..1j V 1h) said VeMcis. SUBSCRIBED AND SWORN TO BEFORE ME i? cc?- co N e=`? 3 li The I.nOwtiip?K1 hw,ebv mµh aPwMCe110P for Cemrwtw W TMw M Me rMkb tle5crihal 3Cae. sugert ro :he eriwmL»rw wey oaW NoW tlawne xl brm hero. 00 SIGNATUAE OF APPLICANT OR AUTHORIZED SIGN-A W SIGNATURE OF CPAPPIJC tTITLE OE AUTHORQ111 SIGNER ALLEN D BIEHLER Secretar_ of Transportation -- _- it a co-purchaser other than your spouse is listed and you want the title to be listed as 'Joint Tenants With Right of Survivorship' (On death of one Dwner. title goes to surviving owner.) CHECK HERE ?. Otherwise, the title will be issued as `Tenants in Common' (On death of one owner, interest of deceased owner goes to his/her heirs or estate). 1ST LIEN DATE: ? IF NO LIEN. CHECK O 1ST LIENHOLDER STREET CITY STATE ZIP IF THIS IS AN ELT, CHECK HERE O FINANCIAL NOTE. IN REQUIRED INSTITUTION NO. 2ND LIEN DATE: ? IF NO LIEN. CHECK 2ND LIENHOLDER STREET CITY STATE ZIP IF THIS IS AN ELT. CHECK HERE Q I FINANCIAL NOTE: FIN REQUIRED INSTITUTION NO (TYPE OR PRINT) Certificate of Title must be submitted within 20 days, unless the purchaser is a registered dealer holding the vehicle for resale FEDERAL LAWS OUIRE STATE NNECTION WITH WARNING O COMPLETE CA PROV D NGEA FALS STHAT MA RE UILT IN AGE FINESOOR IMPRISON ENT E TRANSFER OF OWNERSHIP. FAILURE STATE 1 fNpsland deYwa nxrt exxnplsb farm MMAw NVZM LAST FIRST MIDDLE NAME !A,! ASSIGNMENT OF TITLE - a oqu dbyIm elx?,isNOTa,ga.'eddwrr. Section D M IN xMn cl dik M- rNesh bit b. : PURCHASER OR FULL LWe certity. to the best of my/our knowledge that the odometer reading is BUSINESS NAME TENTHS CO-PURCHASER X miles and reflects the actual mileage of the vehicle, STREET unless one of the following boxes is checked: ADDRESS I 1 Reflects the amount of mileage Q Is NOT the echral ntllaape CITY U in excess of its rri n icsl limes WARNING: OdornMar isle ncy IrWe further certify that the vehicle is free of any encumbrance and that the ownership is hereby PURCHASE PRICE transferred to the person(s) or the dealer listed. STATE ZIP OR DIN SUBSCRIBED AND SWORN TO BEFORE ME: SIGNATURE OF PERSON ADMINISTERING OATH I CO-PURCHASER SIGNATURE T PURCHASER AND/OR ----II W i Q C0.PURCHASER MUST HAND FlINT 1JAME HERE I? i O SIGNATURE OF SELLER CL I Q SIGNATURE OF R ? I- I - pp U O I C:o3? ?LLER MUS ..r•r,? Me certity. to the best of my/oar knorledge 00 the, odometer reading is LAST FIRST MIDDLE NAME - - TENTHS I X miles and rattegs the actual mileage of the "atride, I PURCHASER OR FULL r BUSINESS IlAME unless one of the following boxes is checked: Reflects the amount of mileage 16 NOT the actual mileage f it i h l k i CO-PURCHASER n excess o s mec an ca nits WARNING: Odometer discrepancy STREET I/We further certify that the vehicle is free of any ertdarlbranoe and that the mwneri ft a hereby ADDRESS transferred to the person(s) or the dealer listed. CITY SUBSCRIBED AND SWORN TO BEFORE ME: .. PURCHASE PRICE STATE P MO. DAY YEAR.; ZI OR DIN III, _j Q W U) I CO-PURCHASER SIGNATURE PURCHASER AND/OR a: i C0.PU8 CHABER MUST 0 1 iYOPRINT NAME HERE Q I SIGNATURE F SELLER SELLER MUST - I HANDPRJNTNAME HERE "we certify. to the best of mylour knowledge that the odometer reading is LAAST FIRST MIDDLE NAME TENTHS X miles and reflects the actual ndleege of the vehicle PURCHASER OR FULL BUSINESS NAME - unless one of the following boxes is glegiHM: Reltacts the amount of mileage is NOT the actual mlleWlis in exce f it m h i l li it WAR (( PURCHASER ss o an s ec ca m s NING: Odo titer d Y STREET Me further cemfy that me vehicle is free of any enaaMrance and that the ownership 18 ' ,. hereby ADDRESS transferred to the person(s) or the dealer listed. - CITY SUBSCRIBED AND SWORN TO BEFORE ME: PURCHASE PRICE STATE ZIP MO. DAY YEAR : OR DIN SIGNATURE OF PERSON ADMINISTERING OATH PURCHASER SIGNATURE J ? Q W O I - ! CO-PURC iHASFR SIGNATURE 1 _ PURCHASER ER AND/OR PURCH A O R MUST OPR:M a _ < - SIGNATURE OF SaLER (1) MUST SH NDP ' A R E HERE LN'le certihy, to the test of my/our knowledge pmt Qe odometer reading is TENTHS LAST FIRST MIDDLE NAME - - --- - ..,,_ X miles and reMcls the actual mileage of the vehids, PURCHASER OR FULL unless one of the following boxes is checked: BUSINESS NAME Reflects the amount of fteTeB? a Is NOT the equal gs ? ma CO-PURCHASER I in excess of rte machaniC81 Iknls WARNING: OdomMer tlecreplancy STREET IANe further certify that the vehicle is free of any encumbrence and that the ownership is hereby ADDRESS transferred to the person(s) or the dealer listed. CITY SUBSCRIBED AND SWORN TO BEFORE ME: - : PURCHASE PRICE STATE ZIP MO. DAY YEAR - OR DIN Ji Q W U) P R R R SIG I PURCHASER AND/OR CO PURCHASER M T Q j - US OPRI T NME H LL! > Q I SIGNATURE OF SELLER ' I ~ U - SELLER MUST LWE R& t HA P NAME HERE C., i_ CHECK HERE IF APPLICATION FOR DEALER TITLE AND COMPLETE SECTION D. TITLING FEES $ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BOARD OF APPEALS DEPT. 281021 HARRISBURG, PENNSYLVANIA 17128-1021 ASSIGNMENT OF RIGHTS SALES/USE TAX REFUND For value received, the undersigned, having authority to execute this assignment, does hereby assign and transfer to: GENERAL MOTORS CORP. 2717 Schust, Saginaw, MI 48603-1509 All his, its or their rights to sales and use tax which may be refunded under Board Docket Number The undersigned further agrees that he, it or they will not file a claim for refund for any sales or use tax, which is the subject of this assignment. s / z C -- Signature CORPORATE SEAL STATE OF ( x,17 COUNTY OF( ?GGr ) On this, the before me c personally appeared f? 4,4 ? known to me (or satisfactorily) to be instrument, and acknowledged that _ herein contained. Title X Signature Title Business Name r.` day of tE;? c • 20 G' `7 4414 , the undersigned office, person(s) whose name(s) is/are subscribed to within -he- executed the same for the purpose IN WITNESS WHEREOF, I hereunto set my hand and official seal. r X _ Notary Public My Commission Expires: ecir_. O //s??„ppOSLE{, CUW;5ERLkNu CO. FA Form rY M9 Request for Taxpayer (Rev. October 2007) Identification Number and Certification Department of the Treasury internal Revenue service N m C ie CL C 0 QC ? u O I C T . a0 a° U) A Requester's name and address loptional) Enter your TIN in the appropriate box. Tice TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident V7 8 :51 :'1 alien, sole proprietor, or disregarded entity, see the Part i instructions on page 3. For other antdies. It is your employer identification number (EIN). If you do not have a number, see Wow to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have faded to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgaige interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign I U.S. tore of Here .S t»raon ? General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid; acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form it it is substantially similar to this Form W-9 Date ? Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien. • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States. • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further. in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore. if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States. provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity. Cat. No. 10231X Form W-9 (Rev. 10-2007) Name (as shown on your income tax return) Business name, it different from above -ck. Give form to the requester, Do not send to the IRS. I Check appropriate t o-,R Individual/Sole proprietor ? Corporation ? Partnership Exempt ? Limited liability company. Fluter the tax classification (Dad-tsreprded entity. C=corporation. P=partnership) ? ,,,,,,. ? ? odw (sae instructions) P. Payee Address (number, street, and apt. or suite no.) J 6 1- 3 o LL f 14 Gu c 1 t? City, state, and ZIP code CARLi"J LL- , Pi, List account number(s) two (optional) Form W-9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not 0eWnwd of the Treasury send to the IRS. tntemal Revenue service N d Q 1e CL 0 • a aC U `o C a a? v c v Q. 410 m Name (as shown on your income tax return) 8usutsss name, it different from above i , c l? Q. l1 kc <- Check appropriate box: ? IndividwVSole p?pnetor ? Corporation ? Partnership Exempt R limited tiabirdy company. Enter the tax classification (D=disn*arded entity. C=corporation. P=partnership) ? ....... ? payee ? other (see insbv) ? Address (number, street, and apt or suite no.) Requester's name and address (optionali City, state. and ZIP code t- ? r-- list account' number(s) here (optionaq Number Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a 77N on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. ' J . Under penalties of perjury, 1 certify that; 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign signature of. if '. Here U.s. person ? - ' Date ? General Instructions , Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States. provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the follow(rtg cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) Ile U hurt D. Mitchell JD,* 186 Blanev Road, Ste D Kittanning PA 16201 C724) 954 3or. t-Y4Y 9.4 310' 3?„c??i?f- cue Aldo Bolliger 201 S. Westland Ave Tampa F133606 (313) 425 2824 :9. Law Film Reprsenting the Lyurecl & Consumers (313) 425 2332 RFpaA;! ? ?iV.^.?» Li?Cf .. :'nGS^.. 1 [: F.... PA 2'.'.. IjC Mr. Christopher Check's information GM Credit Card Account Number = 5499 4409 0027 3942 expiration date 08/11 Name on Card = Christopher E Check Address on Card = 106 South West Street, Carlisle, PA 17013 Phone number on Card = 717-243-9389 EXHIBIT B Kurt D. Mitchell J.D.* 186 Blaney Road, Ste D Kittanning PA 16201 (724) 954 3087 (724) 954 3107 A Law. Finn Rejorsentmg the Lyured & Consumers F4'.1 0&iI o Fi,-dc Q"Acv FS.. P.. 5. JC Aldo Bolliger •- 201 S. Westland Ave Tampa F133606 (813) 425 2824 (813) 425 2832 ** .i,;wn ri m F, To: Travis Gery From: Kurt Mitchell Fax: 215-496-9089 Pages: 4 including cover page Phone: 215-496-9400 Date: February 23, 2009 Re: Check v GM cc: John Glenn ? Urgent ? For Review ? Please Comment ? Please Reply ? Please Recycle Mr. Gery Please advise our office with a vehicle turn in date Letter executed confirming Plaintiff has agreed to settle and dismiss in above referenced matter Registration of Christopher Check THIS COMMUNICATION CONTAINS CONFIDENTIAL OR PRIVILEGED INFORMATION WHICH IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. COPYING OR DISTRIBUTION OF THIS COMMUNICATION BY PERSONS OTHER THAN THE ADDRESSEE IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AND DESTR ALL COPIES OF THIS CORRESPONDENCE; THANK YOU TRANSMISSION VERIFICATION REPORT TIME 02/23/2009 15:33 NAME MITCHELLANDBOLLIGER FAX 8134252832 TEL 7249543087 SER.# 000F7J925277 DATEJIME 02/23 15:30 FAX NO./NAME 12154969089 DURATION 00:02:47 PAGE(S) 04 COVERPAGE RESULT MODE STANDARD KANTROWITZ & PHILLIPPI, LLC NEW JERSEY OFFICE 810 Bear Tavern Road, Suite 301 Mountain View Office Park Ewing, New Jersey 08628 (609) 530-1919 FAX: (609) 530-0722 ATTORNEYS AT LAW 1880 John F. Kennedy Boulevard Suite 1101 PHILADELPHIA, PA 19103 (215) 496-9400 FAX: (215) 496-9089 January 29, 2009 Kurt D. Mitchell, J.D. Mitchell & Bolliger, PLLC 186 Blaney Road, Suite D Kittanning, PA 16201 Re: Christopher Check v. General Motors Corporation C.C.P. Cumberland Cnty, Penna. No. 08-5552 2007 Chevrolet Silverado VIN #1GCHK24U67E157227 Our File: 3030-57850 Dear Mr. Mitchell: This letter will confirm that the plaintiff has agreed to settle and dismiss his claims against General Motors Corporation, in the above-captioned matter, and in such consideration of General Motors Corporation will repurchase the above-referenced vehicle, allowing for a mileage offset of $426.30; attorneys' fees of $3,000.00, and reimbursement of $730.44 in GM credit card points. In order to process the GM $730.44 credit card points reimbursement, please supply: (1) plaintiff(s) social security number; (2) GM credit card account number; and (3) the cardholder(s) exact name, address, and telephone number associated with the credit card account. Also, please note that our enclosed settlement agreement reflects the return of $772.91 in sales tax to your client. As confirmation of that information, please sign at the bottom of this letter and please complete the enclosed Assignment of Rights form. Please return the executed release along with the original of this letter and the sales tax Assignment of Rights form to our office along with the executed settlement release. Enclosed please find two W-9's for completion, by your firm and also plaintiff individually. Please return them with the executed Release and other documentation requested herein. KANTROWITZ & PHILLIPPI, LLC January 29, 2009 Page 2 In order to expedite the settlement checks processing, please forward the following documents to my attention: (1) a legible copy of the current vehicle registration and (2) a legible copy of the clear vehicle title (front and back) for the subject vehicle. Lastly, please include a time-stamped copy of plaintiff's Court filed Order to Settle, Discontinue and End this matter. After my office's receipt of the original fully executed release, and all of the afore-mentioned information and documentation, we will be able to request the checks and repurchase paperwork from General Motors. Once GM has prepared the necessary paperwork, it will be forwarded to the GM selling dealership, who will handle the repurchase from thereon. The dealership contact will call your client to arrange for a mutually convenient time to conduct the repurchase, which includes the pre- repurchase damage inspection and paperwork execution. Please note, that in accordance with the terms of the release, at the time of the repurchase damage inspection, General Motors will be evaluating the vehicle for any damage beyond normal wear and tear, and/or any repairs for which your client may be responsible. If there is any damage to the vehicle beyond normal wear and tear, the repurchase will be halted until the vehicle damage has been fully assessed and payment of the necessary repairs has been made by Mr. Check. When the vehicle's condition is free from damage, the final documents may then be executed by your client, and he will receive his settlement check Following the satisfactory inspection of the vehicle and paperwork execution, GM will notify the credit card division and request reimbursement of your client's GM Credit Card points. Your firm's attorneys' fees check will be sent directly from GM to your office following the satisfactory conclusion of the repurchase. If you have any questions, please feel free to contact me. Very truly s, TRAVIS N. Y TNG/wda Enclosures I agree to the aforementi ned settlement terms, includi ales tax provision. Kurt Mitchell, Esquire on behalf Date: of Christopher Check 02 23 2009 12:45 FAX 717434254 I $ la S r iz ro Ico $s OFFICEMAX I pi: ; I Q .. ' a` 4w a :... H yCi :. w ggw, u W N .ate ^N W IF, 4 W :J_%. o.ww ova e??::.::14:: Vl•tA w+ M ?: :Oi:SC O N 1 ? lz %a 09 c" C3 P- VNVr-1} f 2 .16 I EXHIBIT C Kurt D. Mitchell J.D. From: Travis N. Gery [tgery@kantrowitzlaw.com] Sent: Monday, March 09, 2009 1:31 PM To: kmitchell@mblawgroup.com Subject: RE: CHECK V GM As you know, the paper work has been sent to GM. As I told your assistant, I believe the turnaround time is about 2 weeks. Your refusal to cooperate and provide copies of the requested paper work to me in a timely manner caused delay. Your attempts at intimidation are becoming tiresome. If you seek a motion for enforce settlement, I will, in turn seek sanctions, including attorney's fees, for the time it takes me to respond. Had you been reasonable from the beginning, this could have been resolved sooner. Travis N. Gery Kantrowitz & Phillippi, LLC Suite 1101, 1880 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 496-9400 Fax: (215) 496-9089 The information contained in this electronic message is intended only for the personal and confidential use of the designated recipient(s) in the address(es) above. The message is an attorney-client communication and its use or disclosure by any other party is strictly prohibited. If your e-mail address is not on this message and you have received this communication in error, please notify me immediately (215) 496-9400 or tgery(Qkantrowitzlaw.com and delete this message. THANK YOU. From: Kurt D. Mitchell J.D. [mailto:kmitchell@mblawgroup.com] Sent: Monday, March 09, 2009 1:13 PM To: Travis N. Gery Subject: FW: CHECK V GM Mr. Gery: I am following up for the last time regarding your client if I do not hear from you or your client by the end of the day and I will be seeking an order from the Court to enforce settlement. Thank you. Kurt D. Mitchell J.D. licensed in Fl, Pa and D.C. Mitchell & Bolliger PLLC (Florida) 201 S. Westland Ave Tampa FL 33606 813 425 2824 fax 813 425 2832 Mitchell & Bolliger PLLC (Pennsylvania) 186 Blaney Rd. Ste. D Kittannning PA 16201 724 954 3087 fax 724 954 3107 From: Kurt D. Mitchell J.D. [mailto:kmitchell@mblawgroup.com] Sent: Thursday, March 05, 2009 9:45 AM To: Travis N. Gery' Subject: CHECK V GM Mr. Gery: To date I still do not have a vehicle turn in date. It would be appreciated if you would contact your client and have them forward a turn vehicle date post haste. Please advise, thank you for your time and attention to this matter. Kurt D. Mitchell J.D. licensed in Fl, Pa and D.C. Mitchell & Bolliger PLLC (Florida) .201 S. Westland Ave Tampa FL 33606 813 425 2824 fax 813 425 2832 Mitchell & Bolliger PLLC (Pennsylvania) 186 Blaney Rd. Ste. D Kittannning PA 16201 724 954 3087 fax 724 954 3107 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER CHECK Plaintiff, vs. GENERAL MOTORS CORPORATION, Defendant. Case No.: 08-5552 CIVIL ACTION CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiff s Motion to Enforce Settlement has been served upon the following persons via U.S. Mail and Facsimile 215-496- 9089 on March 10, 2009: Travis Gery KANTROWITZ & PHILLIPPI, LLC 1880 John F. Kennedy Blvd Suite 1101 Philadelphia, PA 19103 Phone: 215-496-9400 Fax: 215-496-9089 Mitchell & Bolliger PLLC KURT D MITCHELL J.D. PA. BAR NO.: 205917 186 Blaney Rd. - Suite D Kittanning PA 16201 PH: 724 954 3087 FAX: 724 954 3107 kitchell@mblawgroup.com 1 t`?} N r? [ ? _ 2_R:7 _. A ~`^.j .. _ -;:i7 ?; 1 w 2 ?.-.? KANTROWITZ & PHILLIPPI, LLC Travis N. Gery Identification No. 57329 1880 J.F.K. Boulevard, Suite 1101 Philadelphia, PA 19103 (215) 496-9400 CHRISTOPHER CHECK Plaintiff Attorney for Defendant, General Motors Corporation CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS Case No.: 08-5552 V. GENERAL MOTORS CORPORATION Defendant JURY TRIAL DEMANDED DEFENDANT'S, GENERAL MOTORS CORPORATION, PETITION TO MARK CASE AS SETTLED Defendant, General Motors Corporation ("GM"), by and through its attorneys, Kantrowitz & Phillippi, LLC, hereby petitions this Honorable Court for an Order marking this case as Settled, and in support thereof avers as follows: 1. On or about September 19, 2008, Plaintiff instituted the present action by filing a Complaint with this Honorable Court setting forth causes of action for violations of the Magnuson Moss Warranty Act; the Pennsylvania Automobile Lemon Law; and the Pennsylvania Unfair Trade Practices Consumer Protection Law. 2. GM filed an Answer to the Complaint wherein it denied liability. 3. Following vigorous negotiations between the parties, a settlement was agreed upon. 4. The terms and conditions of the agreed upon settlement were reduce to writing in a Settlement Agreement and Release, a true and correct copy of which is attached hereto as Exhibit "A." The Settlement Agreement and Release was signed by Plaintiff in the presence of a Notary Public. 6. Pursuant to the terms and conditions set forth in the Settlement Agreement and Release, Plaintiff was required to, among other things, convey a clear title to the 2007 Chevrolet Silverado bearing Vehicle Identification Number 1GCHK24U67E157227 and physically turn the vehicle over to GM. 7. Pursuant to the terms and conditions set forth in the Settlement Agreement and Release, GM was required to pay a total sum of $27,720.67 to Plaintiff tendered in the form of two (2) checks, the first, in the amount of $24,720.67, made payable to Plaintiff, the second, in the amount of $3,000.00, made payable to Mitchell & Bolliger, PLLC, Plaintiff's counsel. On March 18, 2009, Plaintiff turned his vehicle over to GM and GM, in return, tendered a check in the amount of $24, 720.67, made payable to Christopher Check, to Plaintiff. 9. On March 19, 2009, GM sent, via Federal Express, a check in the amount of $3,000.00, made payable to Mitchell & Bolliger, PLLC, to Plaintiff's counsel. 10. The check sent to Mitchell & Bolliger was delivered on March 20, 2009, at 9:24 a.m. 11. Paragraph 2.(e) of the Settlement Agreement and Release provides: That upon execution of this Settlement Agreement and Release, counsel of record for Releasor, shall in accordance with the requirements of applicable Rules of Civil Procedure, discontinue with prejudice the Civil Action described in Paragraph (1) above. 12. GM has complied with all requirements of the Settlement Agreement and Release and fully performed in accordance therewith. 13. Despite repeated requests from GM's counsel to file a Praecipe to Settle, Discontinue and End, Plaintiff's counsel has refused to do so. 14. It is in the interest of justice and judicial economy to have this matter marked as Settled, Discontinued and Ended and removed from this Honorable Court's active case docket. 15. No Judge has ruled upon any other issue in the same or related matter. 16. Counsel for GM has made several attempts to gain the concurrence of Plaintiff's counsel to have this matter marked as Settled, Discontinued and Ended all to no avail. WHEREFOR, Defendant, GM, respectfully requests that this Honorable Court enter an Order that this matter be marked Settled, Discontinued and Ended and direct the Prothonotary to make the appropriate docket entry. Defendant, GM, further respectfully requests that this Honorable Court enter an Order awarding Defendant, GM, reasonable fees and costs associated with the preparation and presentation of this Petition. Respectfully submitted, KANTROWITZ & PHILLIPPI, LLC BY: Travis N. Gery, Esquire Attorney for Defend, General Motors KANTROWITZ & PHILLIPPI, LLC By: Steven B. Kantrowitz Attorney Id. No. 25737 By: Travis N. Gery Attorney Id. No. 57329 1880 J.F.K. Boulevard Suite 1101 Philadelphia, PA 19103 (215) 496-9400 CHRISTOPHER CHECK Plaintiff Attorney for Defendant, General Motors Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS 08-5552 V. GENERAL MOTORS CORPORATION Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of General Motors Corporation's, Petition to Mark Case as Settled was mailed to counsel listed below via first class mail on June 30, 2009: Kurt D. Mitchell, J.D. Mitchell & Bolliger, PLLC 186 Blaney Road, Suite D Kittanning, PA 16201 Respectfully submitted, KANTROWITZ & PHILLIPPI, LLC BY: 4tv-?TnB. I n witz Travis N. Gery Attorneys for Defendant, General Motors Corporation SETTLEMENT AGREEMENT AND RELEASE 1. Christopher Check, 106 S. West Street, Carlisle, PA 17013(hereinafter referred to as "Releasor") as purchaser of a certain 2007 Chevrolet Silverado, bearing Vehicle Identification No. 1GCHK24U67E157227 (Hereinafter referred to as "Vehicle") and in consideration of payment by General Motors Corporation (Hereinafter referred to as "Releasee") of $27,720.67, said payment is including all attorneys' fees and is to be made as outlined below, does for himself and each and all of his representatives, heirs, successors and assigns, hereby release and discharge Releasee, its subsidiaries, divisions, officers, representatives, employees, stockholders, authorized dealers, successors and assigns and all other persons, firms or corporations, who are or might be claimed to be liable, of and from any and every claim, demand, right or cause of action for the recovery of damages including, but not limited to those for diminutioia in va ue, repair costs, of any other .,conornW o,- non- economic injuries, losses, breach of warranty and/or damages including any claims for consequential or incidental damages and/or punitive damages, cost of suit and attorneys' fees resulting or alleged to have resulted from the promotion, use or sale of, or any defect and/or non-conformities in the design or manufacture or assembly in the aforesaid Vehicle, including but not limited to those alleged in or to be inferred from allegations set forth in any pleading in the matter of Christopher Check v General Motors Corporation, in the Court of Common Pleas, Cumberland County, Pennsylvania, Case No.: 08-5552. 2. As consideration for the payment described above to be tendered in the form of two (2) checks, the first, in the amount of $24,720.67 made payable to Christopher Check, the second in an amount of $3,000.00 to his attorneys, Mitchell & Bolliger, PLLC, it is also expressly agreed: (a) That upon receipt ofthe consideration described above Releasor will convey clear title of the vehicle to General Motors Corporation, will execute a limited Power of Attorney in favor of General Motors Corporation to correct any errors in title, and will execute an Odometer Statement. (i.ij Iii tiii:.;vent the vlt'hi lE is da.,.x .:.x. u..,.:i, .., .. ?. mariner lifter Releasor executes this Release, but before Releasee tenders payment of the consideration described above, payment of the consideration described above shall be modified as follows: (i) If the estimated cost of repair (said cost to be determined as outlined in Paragraph (iv) below) of the aforementioned Vehicle is less than $24,720.67, Releasor shall tender said Vehicle with clear title to Releasee upon receipt of $24,720.67, less the estimated cost of repair to said Vehicle; Please initialo,c Page -1- (ii) If the estimated cost of repair (said cost to be determined as outlined in Paragraph (iv) below) of the aforementioned Vehicle is greater than $$24,720.67but less than the value of said Vehicle (said value to be determined as outlined in Paragraph (v) below), Releasor shall tender clear title to Releasee and make payment to Releasee in the amount of the estimated cost of repair less $24,720.67; (iii) If the estimated cost of repair (said cost to be determined as outlined in Paragraph (iv) below) of the aforementioned Vehicle exceeds the value of said Vehicle (said value to be determined as outlined in Paragraph (v) below), Releasor shall tender clear title to Releasee and make payment to Releasee in the amount of the value of the vehicle less $24,720.67; (iv) For purposes of Paragraphs (i), (ii), (iii), and (v), the estimated cost of repair will be determined by either: (a) an authorized General Motors Service Facility; or (b) a Pennsylvania licensed appraiser employed or retained by the insurance company insuring said Vehicle at the time it is damaged, disabled, or destroyed; (v) For purposes of Paragraphs (i), (ii), (iii), and (iv), the value of said Vehicle is the average retail value of a 2007 Chevrolet Silverado as determined by the N.A.D.A. Official Used Car Guide, Eastern Edition, at the time this release is executed by Releasor; (c) That Releasor fully understands that this is a final settlement and disposition of all disputes as to legal liability for and as to the nature and extent of any damages claimed from Releasee by Releasor; (d) That payment of the consideration recited in Paragraph (1) above is for the sole purpose of avoiding further costly litigation and that Releasee continues to deny any -,,,rrongdoing or liability for any clai:Y: of defect in the motor vehicle described in Paragraph (1) above; Please initial e Page -2- (e) That upon execution of this Settlement Agreement and Release, counsel of record for Releasor, shall, in accordance with the requirements of applicable rules of Civil Procedure discontinue with prejudice the Civil Action described in Paragraph (1) above; (f) That Releasor fully understand that this is a final settlement and disposition of all disputes as to the legal liability and as to the nature and extent of any damages claimed from Releasee; (g) That neither Releasee's payment of the consideration recited above nor the negotiations preliminary to the execution of this Release shall be considered an admission of liability or wrongdoing by Releasee to any of the claims or causes of actions alleged in or to be inferred from allegations set ibrth in the matter indicated above; (h) That Releasor and his attorneys have reviewed the provisions of this Release and that the contents of this Release have been explained to Releasor by counsel prior to its execution; (i) That Releasor represents and warrants that he is entitled to give a full and complete release of the claims which are subject hereof, 0) That Releasor represents and warrants that he is entitled to give a full and complete release of the claims which are the subject hereof, and that Releasor has not assigned or otherwise transferred any interest in any claims which are the subject hereof, (k) That Releasor shall not at any time hereafter commence, maintain or prosecute, or cause, encourage or advise be commenced, maintained or prosecuted any action, suit, proceeding or claim based in whole or in part upon or arising out of or in any way connected with any of the matters released herein; Please initial d , Page -3- (1) That Releasor does hereby for himself, his heirs, executors, administrators, successors and assigns covenant to defend, indemnify and save harmless the Releasee from any and every claim or demand of every kind and character arising out of the Complaint referenced above and this release; (m) That Releasor expressly warrants that the vehicle has no damage beyond normal wear and tear; (n) That no promise, agreement, statement or representation except as expressed in this release has been made to or been relied upon by Releasor and that this document of 4 pages contains the entire agreement between Releasor and Releasee. Intending to e legally `you:}d by the terms of this release, she undersigned has affixed his signature this day of 200?. Christopher Check Before me, the undersigned authority, on this day personally appeared Christopher Check, known to me to be the persons who executed the foregoing instrument and acknowledged to me that they executed it for the purposes and considerations expressed in it, in the capacities therein stated. Sworn to d subscr'be before me thisday of20P7. Notary Public NOTARIAL SEAL 1 J;E L CCDYLE, i1VU'fARY 1'U®11. 0i' :PPUSLE, CUMBERLAND CO. ?A M!°.,6SiON EXPRI FS OCrOSER 17, 2010 Page -4- OF THE rr>r; 9. i - INCITAPY 2u99 ."U'l- -2 AN 11 : 47 jUL 0 6 20096) KANTROWITZ & PHILLIPPI, LLC Travis N. Gery Identification No. 57329 1880 J.F.K. Boulevard, Suite 1101 Philadelphia, PA 19103 (215) 496-9400 Attorney for Defendant, General Motors Corporation CHRISTOPHER CHECK Plaintiff . V. GENERAL MOTORS CORPORATION Defendant CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS Case No.: 08-5552 JURY TRIAL DEMANDED ORDER AND NOW, this (14' day of , 2009, upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within 00 days of this date; .7; ??argument shall be held on in Courtroom of the Cumberland County Courthouse; and 3 (6) notice of the entry of this order shall be provided to all parties by the petitioner. J. r r?iFtr?(li I iV tR r THE ,,T 2009 SUL ° I Aft 9' k 4 r '7 1? 164' - t iES rn a c LL 1 R4 ?. t? . rz 14 fit.(., A4Y Gam. KANTROWITZ & PHILLIPPI, LLC By: Steven B. Kantrowitz Attorney Id. No. 25737 By: Travis N. Gery Attorney Id. No. 57329 1880 J.F.K. Boulevard Suite 1101 Philadelphia, PA 19103 (215) 496-9400 CHRISTOPHER CHECK Plaintiff V. GENERAL MOTORS CORPORATION Defendant 08-5552 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Court's Order concerning Plaintiff's Response and Hearing and/or Argument to Defendant's Petition to Mark Case as Settled, was mailed to counsel listed below via first class mail on July 9, 2009: Kurt D. Mitchell, J.D. Mitchell & Bolliger, PLLC 186 Blaney Road, Suite D Kittanning, PA 16201 Attorney for Defendant, General Motors Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS Respectfully submitted, KANTR T & PHILLIPPI LC B Steven B. Kantrowitz Travis N. Gery Attorneys for Defendant, General Motors Corporation JUL ? 6 2009 3 KANTROWITZ & PHILLIPPI, LLC Travis N. Gery Identification No. 57329 1880 J.F.K. Boulevard, Suite 1101 Philadelphia, PA 19103 (215) 496-9400 Attorney for Defendant, General Motors Corporation CHRISTOPHER CHECK Plaintiff V. GENERAL MOTORS CORPORATION r Defendant CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS Case No.: 08-5552 JURY TRIAL DEMANDED ORDER AND NOW, this ( 4? day of , 2009, upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within 00 days of this date; M, a- A4 w (3) n argument shall be held on l in Courtroom 3 of the Cumberland County Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the petitioner. S J. .i gy '. ? w OF R E '7 s? ? i_ ! a n3 if ;t ? i ! ? 20C ° .`u,° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER CHECK Plaintiff, vs. GENERAL MOTORS CORPORATION, Defendant. Case No.: 08-5552 CIVIL ACTION PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinued. Respectfully Subs helll:'rBolliger PLLC URT D MITCHELL J.D. PA. BAR NO.: 205917 186 Blaney Rd. - Suite D Kittanning PA 16201 PH: 724 954 3087 FAX: 724 954 3107 kmitchell@mblawgroup.com ATTORNEY FOR PLAINTIFF 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER CHECK Plaintiff, vs. GENERAL MOTORS CORPORATION, Defendant. Case No.: 08-5552 CIVIL ACTION CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Praecipe to Settle, Discontinue and End was served upon the following persons via U.S. Mail on July 13, 2009: Travis Gery KANTROWITZ & PHILLIPPI, LLC 1880 John F. Kennedy Blvd Suite 1101 Philadelphia, PA 19103 i hell & Bolliger PLLC RT D MITCHELL J.D. PA. BAR NO.: 205917 186 Blaney Rd. Kittanning PA 16201 PH: 724 954 3087 FAX: 724 954 3107 kmitchell@mblawgroup.com 1 OF CC) 1 :M ,\, 1? i t