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?-1LE0-0FFf0E OF THE ' ' ? ??0?0TAR'{ 1'!3'%Z" 30 P.- 12:24 f"!srf---J_AN0 C 0 U N T Y :tSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARYJANE SELLERS AND CIVIL DIVISION SIDNEY SELLERS, Plaintiffs, VS. NO.:/ 6 ;L S C? C !v?- TG!/bl CHRYSLER GROUP LLC, Defendant. COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiffs: Maryjane Sellers and Sidney Sellers COUNSEL OF RECORD FOR THIS PARTY: Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 WRIT WAIVED Py s ?.? . 00 c?.? 2a-6G3 ???'q Py IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MARYJANE SELLERS AND SIDNEY SELLERS, Plaintiffs, VS. CHRYSLER GROUP LLC, Defendant. NOTICE TO DEFEND No.. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MARYJANE SELLERS AND SIDNEY SELLERS, Plaintiffs, VS. No.: lU- ?pr?-S C? -? CHRYSLER GROUP LLC, Defendant. COMPLAINT 1. Plaintiffs, Maryjane Sellers and Sidney Sellers, are adult individual citizens and legal residents of the Commonwealth of Pennsylvania, 110 Sharon Road, Enola, PA 17025. 2. Defendant, Chrysler Group LLC, is a corporation qualified to do and regularly conduct business in the Commonwealth of Pennsylvania, with its address and principal place of business located at 12000 Chrysler Drive, Highland Park, Michigan 48288-1919, and can be served at CIMS 485-13-32, 1000 Chrysler Drive, Auburn Hills, MI 48326. BACKGROUND 3. On or about September 08, 2009, Plaintiffs purchased a new 2009 Jeep Grand Cherokee, manufactured and warranted by Defendant, bearing the Vehicle Identification Number 1J8GR48K39C514110. 4. The vehicle was purchased in the Commonwealth of Pennsylvania and is registered in the Commonwealth of Pennsylvania. 2 5. The contract price of the vehicle, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified, yet defined by the Lemon Law, totaled more than $40,339.26. A true and correct copy of the contract is attached hereto, made a part hereof, and marked Exhibit "A". 6. In consideration for the purchase of said vehicle, Defendant issued to Plaintiffs several warranties, guarantees, affirmations or undertakings with respect to the material or workmanship of the vehicle and/or remedial action in the event the vehicle fails to meet the promised specifications. The above-referenced warranties, guarantees, affirmations or undertakings are/were part of the basis of the bargain between Defendant and Plaintiffs. 8. The parties' bargain includes an express 3-year / 36,000 mile warranty, as well as other guarantees, affirmations and undertakings as stated in Defendant's warranty materials and owner's manual. 9. However, as a result of the ineffective repair attempts made by Defendant through its authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and is worthless to Plaintiffs. 10. During the first 12 months and/or 12,000 miles, Plaintiffs complained on at least three (3) occasions about defects and or non-conformities to the following vehicle components: dashboard lights, check engine light, power steering. True and correct copies of all invoices in Plaintiffs possession are attached hereto, made a part hereof, and marked Exhibit "B". 3 COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW 11. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 12. Plaintiffs are "Purchasers" as defined by 73 P.S. §1952. 13. Defendant is a "Manufacturer" as defined by 73 P. S. § 1952. 14. Brenner Jeep Chrysler is and/or was at the time of sale a Motor Vehicle Dealer in the business of buying, selling, and/or exchanging vehicles as defined by 73 P.S. §1952. 15. On or about September 08, 2009, Plaintiffs took possession of the above mentioned vehicle and experienced nonconformities as defined by 73 P.S §1951 et s?Mc., which substantially impair the use, value and/or safety of the vehicle. 16. The nonconformities described violate the express written warranties issued to Plaintiffs by Defendant. 17. Section 1955 of the Pennsylvania Automobile Lemon Law provides: 18. If a manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle... or accept return of the vehicle from the purchaser, and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchasers use of the vehicle, not exceeding $.10 per mile driven or 10% of the purchase price of the vehicle, whichever is less. 19. Section 1956 of the Pennsylvania Automobile Lemon Law provides a presumption of a reasonable number of repair attempts if: 4 (1) The same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or (2) The vehicle is out-of-service by reason of any nonconformity for a cumulative total of thirty or more calendar days. 20. Plaintiffs have satisfied the above definition as the vehicle has been subject to repair more than three (3) times for the same nonconformity, and the nonconformity remained uncorrected. 21. In addition, the above vehicle has or will be out-of-service by reason of the nonconformities complained of for a cumulative total of thirty (30) or more calendar days. 22. Plaintiffs have delivered the nonconforming vehicle to an authorized service and repair facility of the Defendant on numerous occasions as outlined below. 23. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 24. Plaintiffs aver the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide or maintain itemized statements as required by 73 P.S. § 1957. 25. Plaintiffs aver that such itemized statements, which were not provided as required by 73 P.S. § 1957 also include technicians' notes of diagnostic procedures and repairs, and Defendant's Technical Service Bulletins relating to this vehicle. 26. Plaintiffs aver the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide the notification required by 73 P.S. § 1957. 5 27. Plaintiffs have and will continue to suffer damages due to Defendant's failure to comply with the provisions of 73 P.S. §§ 1954 (repair obligations), 1955 (manufacturer's duty for refund or replacement), and 1957 (itemized statements required). 28. Pursuant to 73 P.S. § 1958, Plaintiffs seek relief for losses due to the vehicle's nonconformities, including the award of reasonable attorneys' fees and all court costs. 29. WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, attorneys' fees, and court costs. COUNT II MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT 30. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 31. Plaintiffs have or may have resorted to Defendant's informal dispute settlement procedure, to the extent said procedure complies with 16 CFR 703. 32. Plaintiffs aver that the Federal Trade Commission (FTC) has determined that no automobile manufacturer complies with 16 CFR 703. See, Fed. Reg. 15636, Vol. 62, No. 63 (Apr. 2, 1997). 33. Plaintiffs are "Consumers" as defined by 15 U.S.C. §2301(3). 34. Defendant is a "supplier", "warrantor", and a "service contractor" as defined by 15 U.S.C. § 2301 (4),(5) and (8). 35. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 6 36. By the terms of its written warranties, affirmations, promises, or service contracts, Defendant agreed to perform effective repairs at no charge for parts and/or labor. 37. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound by all warranties implied by state law. Said warranties are imposed on all transactions in the state in which the vehicle was delivered. 38. Defendant has made attempts on several occasions to comply with the terms of its express warranties; however, such repair attempts have been ineffective. 39. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) provides: If a consumer finally prevails on an action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the amount of aggregate amount of costs and expenses (including attorney fees based upon actual time expended), determined by the court to have been reasonably incurred by the Plaintiff for, or in connection with the commencement and prosecution of such action, unless the court, in its discretion shall determine that such an award of attorney's fees would be inappropriate. 40. Plaintiffs have afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 41. As a direct and proximate result of Defendant's failure to comply with the express written warranties, Plaintiffs have suffered damages and, in accordance with 15 U.S.C. §2310(d)(1), Plaintiffs are entitled to bring suit for such damages and other legal and equitable relief. 42. Defendant's failure is a breach of Defendant's contractual and statutory obligations constituting a violation of the Magnuson-Moss Warranty Improvement Act, including but not limited to: breach of express warranties; breach of implied warranty of 7 merchantability; breach of implied warranty of fitness for a particular purpose; breach of contract. and constitutes an Unfair Trade Practice. 43. Plaintiffs aver that Defendant's warranty was not provided to Plaintiff until after the vehicle was delivered, making any and all limitations, disclaimers and/or alternative dispute provisions ineffective for a failure of consideration. 44. Plaintiffs aver Defendant's Dispute Resolution Program was not in compliance with 16 CFR 703 for the model year of the subject vehicle. 45. Plaintiffs aver that Defendant's warranty did not require Plaintiffs to first resort to a Dispute Resolution Program before filing suit. 46. Plaintiffs aver that upon successfully prevailing upon the Magnuson-Moss claim herein, all attorney fees are recoverable and are demanded against Defendant. WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, incidental and consequential damages, reasonable attorneys' fees, and all court costs. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 47. Plaintiffs hereby incorporate all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 48. Plaintiffs are "Persons" as defined by 73 P.S. §201-2(2). 49. Defendant is a "Person" as defined by 73 P.S. §201-2(2). 8 50. Section 201-9.2(a) of the Act authorizes a private cause of action for any person "who purchases or leases goods or services primarily for personal, family or household purposes." 51. Section 1961 of the Pennsylvania Automobile Lemon Law, provides that a violation of its provisions shall automatically constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P. S. 201-1 et seq. 52. In addition, the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. §201-2(4), defines "unfair or deceptive acts or practices" to include the following conduct: (vii). Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (xiv). Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to, or after a contract for the purchase of goods or services is made; (xv). Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed; (xvi). Making repairs, improvements or replacements on tangible, real or personal property of a nature or quality inferior to or below the standard of that agreed to in writing; (xvii). Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 53. Plaintiffs aver Defendant has violated these, as well as other provisions, of 73 P.S. §201-2 et sue. 54. Section 201-3.1 of the Act provides that the Automotive Industry Trade Practice rules and regulations adopted by the Attorney General for the enforcement of this Act shall constitute additional violations of the Act. 9 55. Defendant's conduct surrounding the sale and servicing of the subject vehicle falls within the aforementioned definitions of "unfair or deceptive acts or practices." 56. The Act also authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations. WHEREFORE, Plaintiffs respectfully demand judgment against Defendant in an amount not in excess of , together with all collateral charges, attorneys' fees, all court costs and treble damages. KIMMEL & SILVERMAN, P.C. By: Wert A. Rapkin, Esq Attorney for Plaintiffs 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 10 VERIFICATION I, Robert A. Rapkin, being duly sworn according to law, depose and say that I am the attorney for the Plaintiffs, in this action and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the Penalties of 18 Pa. 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B 0 ac'?d o o f a a._ WFW..,°q y s t zuzv T i n WZVi E ' 626 mv? n t 0 MEj ?u.E E U U Brenner Chrysler Jeep, LLC 6039 Carlisle Pike Mechanicsburg, PA 17050 (717) 766-7686 i www.brennerchryslerjeep.com 110 SHARON RD ENOLA, PA 17025 2009 1 JEEP 11/27/09 6002048/ SERVICE DEPARTMENT HOURS R /O Close Date Status 7:30a.m. to5:00 p.m. Mon&Tues 11/27/09 Pre-Invoic 7:30 a.m. to 8:00 p.m. Wed, Thurs & Fri 8:00 a.m. to 3:00 p.m. Sat Mileage Mileage • 2'718 2719 Scott Shatto/403 'Rork Phore Vehicle Identification 717-697-1161 1J8GR48K39C514110 717-732-9316 9/08/09 9/08/09 Color 4WD LAREDO III STONE WHT GRAND CHEROKE ttl - UU%-nL,t31: r'1K5'1' FREE OIL CHANGE FILTER AND LUBRICATION Work performed by Gary (095) Kit: Installed 5184231AA :FILTER: ENGINE OIL Installed 68055890AA :OIL: 5W20 #2 ------- ------------------ - OOCHZ: 23 POINT INSPECTION ------------------------- #3 ------------------------- -------------------------- - FSI: FREE LIFE TIME PA STATE INSPECTION Work performed by Gary (095) L/F BRAKES 12/32B,R/R 12/32B,L/F TIRE 9/32. #4 - --------------------------- SIS: PA STATE INSPECTION STICKER ------------------------ Work performed by Gary (095) AIO-1771895 #5 - -------------- EM: PA STATE EMISSIONS INSPECTION Work performed by Gary (095) STICKER NO. IMO-0879811 #6 - --------------------------- EMS: PA STATE EMISSIONS MCI FEE ------------------------ Work performed by Gary (095) 1yo RMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. 'I hereby authorize the repair LABOR ?. k hereinafter to be done along with the necessary material and a ree th t g a you are not respons- for loss or damage to vehicle or articles left in the vehicle in cas f fi h PARTS e o re, t eft, or any other ise beyond your control f or or any delays caused by unavailability of parts or delays in parts pments by the supplier or transporter. I hereby grant you or your employees permission to DEDUCTIBLE irate the vehicle herein described on streets, highways, or elsewhere for the purpose of testing Vor Inspection. An express mechanic's lien is hereby acknowledged on above hi t l SUBLET ve e c o secure amount of repairs thereto.' SHOP SUPPLIES CLAIMER OF WARRANTIES. Any warranties on the products sold hereby are those made by tyALARDOUS MATERIAL manufacturer. The seller hereby expressly disclaims all warranties either express or implied, includ SALES TAX OR TAX I.D. any implied warranty of merchantability or fitness for a particular purpose, and the seller neither umes nor authorizes any other person to assume for it any liability in connection with the sale of SPECIAL ORDER DEPOt I products. Any limitation contained herein does not apply where prohibited by law. DISCOUNTS TOTAL DUE X Internal Internal Internal Internal Internal Internal Internal Internal PLAINTIFF'S Brenner Chrysler Jeep, LLC 6039 Carlisle Pike Mechanicsburg, PA 17050 (717) 766-7686 • www.brennerchrysierieep.com 110 SHARON RD ENOLA, PA 17025 2009 1 JEEP GRAND CHEROKE SERVICE DEPARTMENT HOURS 7:30 a.m. to 5:00 p.m. Mon & Tues 7:30 a.m. to 8:00 p.m. Wed, Thurs & Fri 8:00 a.m. to 3:00 p.m. Sat 717-697-1161 7-732-9316 4WD LAREDO 1/2710 6003802/1 1/29/10 Pre-Invoice • 4146 4146 Scott Shatto/749 1J8GR48K39C514110 9/08/09 STONE WHT ff1 - DIUMZ: BODY ELECTRICAL CUSTOMER STATES WARNING LAMPS LIT UP ON CLUSTER AN D SPEEDO STOPPED WORKING Caused by NO COMMUNICATION FROM IGNITION NODE TO FCM AND PCM Corrected by08803201: (07) Work performed by Willis (350) Installed 5026871AD :MODULE: WIRELESS IGNITION5026 Qty: -----REPLACED IGNITION NODE AND PROGRAMMED KEYS ------------------------------------------------------------ #2 - 231: 23 POINT INSPECTION - -------- #3 * 70CHZ: SUBLET --------- RENTAL Work performed by 484 c' 1 RMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. -1 hereby authorize the repair rk hereinafter to be done along with the necessary material and agree that you are not respons- for loss or damage to vehicle or articles left in the vehicle in case of fire, theft, or any other rse beyond your control or for any delays caused by unavailability of parts or delays in parts pments by the supplier or transporter. I hereby grant you or your employees permission to rate the vehicle herein described on streets, highways, or elsewhere for the purpose of testing Uor inspection, An express mechanic's lien is hereby acknowledged on above vehicle to secure amount of repairs thereto.- CLAIMER OF WARRANTIES. Any warranties on the products sold hereby are those made by manufacturer. The seller hereby expressly disclaims all warranties either express or Implied inctu any implied warranty of merchantability or fitness for a particular purpose, and the seller neither Imes nor authorizes any other person to assume for it any liability in connection with the sale of I products. Any limitation contained herein does not apply where prohibited by law. 9/08/09 Warranty Warranty Warranty PARTS . 0 C DEDUCTIBLE C .0 SUBLET .00 SHOP SUPPLIES .00 HAZARDOUS MATERIALS .00 SALES TAX OR TAX I.D. .00 SPECIAL ORDER DEPOSIT - 0 DISCOUNTS - TOTAL DUE - 0 Brenner Chrysler Jeep, LLC 6039 Carlisle Pike Mechanicsburg, PA 17050 (71 ?) 766-7686 www.brennerchry,lerjeep.com 110 SHARON RD ENOLA, PA 17025 SERVICE DEPARTMENT- aUR!' 7:30 a.m. to 5:00 p.m. Moi ? Tues 7:30 a.m. to 8:00 p.m. Wed, Thurs & Fri 8:00 a.m. to 3:00 p.m. Sat 717-697-1161 4/08/10 ?- 6006036/ 4/08/10 Pre-Invoic 6038 6039 Art Fritz/399 1J8GR48K39C514110 717-732-9316 9/08/09 9/08/09 2009 JEEP GRAND CHEROKE 4WD LAREDO STONE WHT JJ93 u-Lt,:t10006: 6000 MILE SERVICEPERFORM OIL CHANGE FILTER AND • LUBE UP TO 5 QTS OILROTATE TIRES, CHECK ALL BELTS, HOSES AND FLUIDS Work performed by Denny Kit: (255) 29.9 Installed 5184231AA :FILTER: ENGINE OIL 17.4 Installed 68055890AA :OIL 5W20 Included 6000 MILE SERVICE Included Sub Total: 47.38 --------------- _______ #2 - 231: 23 POINT INSPECTION - 23 POINT INSP Sub Total: .00 ------------- PARTS AND SEVICE SPLIT ----------------------------- ?_- -25.0( W ti t9 tD W ,.. o ?a .OM l9 (r? l N QtiSi'ca? ? o _ U Q = ¢ W ® © Q W _ ? cn ?,..? = cr 1 RMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. 'I hereby authorize the repair LABOR hereinafter to be done along with the necessary material and agree that 2 9 9 ible for loss or dame to vehicle or articles left in the vehicle in case of ftre meft are or not any y other other PARTS neyond your control or far any delays caused by unavailability of parts or delays in parts 17.4 3 by the supplier or transporter. I hereby grant you or your employees permission to SUBLET DEDUCTIBLE 0 0 to the vehicle herein described on streets, highways or elsewhere for the purpose of testing inspection. An express mechanic's lien is hereby acknowledged on above vehicle to secure . 0 amount of repairs thereto." SHOP SUPPLIES .00 DISCLAIMER OF WARRANTIES. Any warranties on the products sold hereby are those made by HAZARDOUS MATERIALS 0 the manufacturer. The seller hereby expressly disclaims all warranties either express or implied, includ SALES TAX OR TAX J.D. any implied warranty of merchantability or fitness for a particular purpose, and the seller neither 1 .3 4 sumes nor authorizes any other person to assume for it any liability in connection with the sale of SPECIAL ORDER DEPOSIT M products. Any limitation contained herein does not apply where prohibited by law. • 0 DISCOUNTS -25 .00 TOTAL DUE 23.72 X -Q aro oeu cv,e rs.r7... Brenner Chrysler Jeep, LLC 6039 Carlisle Pike Mechanicsbur 17050 (7171) 766-7686 www.brennerchryslerjeep.com 110 SHARON RD ENOLA, pA 17025 2009 JEEP GRAND CHEROKE SERVICE DEPARTMENT HOURS /06/10 60091-53/ 7:30 a. m. to 5:00 p.m. Mon & Tues 7:30 a.m. to 8:00 P.M. Wed, Thurs & Fri - _ 0 7/ 7/ 10 Pre-Invoic 8:00 a.m. to 3:00 p.m Sat . • 9418 9421 V,Iork, Phone Art Fritz/974 . 717-697-1161 1J'8GR48K39C514110 717-732-9316 .9 /08/09 /0,9 /0.9 4WD LAREDO STONE WHT ff1 - -UUk': FULL SERVICE OIL AND FILTER CHANGE Work performed b K • y en Kit: (004) Installed 5184231AA :FILTER: ENGINE OIL Install d 12.0 17.4 e 68055890AA :OIL: 5W20 Hazardous Material Included s Charge LOF Included Sub Total: 29.43 --- 1.0' --------------------- ___________ #2 - 231: 23 POINT INSPECTION --- -- 23 POINT INSPECTION CHFVSLER 1EE j E3FtEP;F; Sub Total: . 00 68 6839 CARLISLE PIKE ---- FECHANICSBURG PA 11950 ' -------'-' ___ #3 - 10CHZ: DRIVEABILITY GAS ----------------- 717-766-7686 ENGINE FEELS LIKE IT IS SKIPPING WHEN COMING ,;TO A STOP PLEASE CK AND 1235 TERMINAL I.O.: ADVISE DOES NOT HAPPEN ME F ItRY TI MERCHANT ROAD TEST 3 MILES, UNABLE TO DUPLICATE CUSTOMER CONCERN AT THIS TIME VISA Sub Total: .00 SALE BATCH: 008114 10 : 6 U915 3 AUTH:654797 JUL 077 10 18:53 TOTAL $32.26 TERMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. "I hereby authorize the repair hereinafter to be done along with the necessary material and agree that you are not respons- ible for loss or damage to vehicle or articles left in the vehicle in case of fire, theft, or any other e beyond your contra or for any delays caused by unavailability of parts or delays in parts shipments by the supplier or transporter. 1 hereby grant you or your employees permission to to the vehicle herein described on streets, highways, or elsewhere for the purpose of testing or inspection. An express mechanic's lien is hereby acknowledged on above vehicle to secure amount of repairs thereto' DWLAIMER OF WARRANTIES. Any warranties on the products sad hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties either express or implied, inclw ing any implied warranty of merchantability or fitness for a particular purpose, and the seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. Any limitation contained herein does not apply where prohibited by law. MARY J SELLERS PARTS -" DEDUCTIBLE 17 . SUBLET SHOP SUPPLIES HAZARDOUS MATERIALS SALES TAX OR TAX I.D. 1 SPECIAL ORDER DEPOSIT 1 DISCOUNTS TOTAL DUE 32.; Brenner Chrysler Jeep, LLC 6039 Carlisle Pike Mechanicsburg, PA 1705() (717) 766-7686 www.brennerchryslerieep.com 110 SHARON ENOLA, PA 17025 'T 2009 JEEP J93 GRAND CHEROKE SERVICE DEPARTMENT HOURS 7:30 a.m. to 5:00 p.m. Mon 8r Tues 7:30 a.m. to 8:00 p.m. Wed, Thurs $ Fri 8:00 a.m. to 3:00 p.m. Sat 717-697-1161 717-732-9316 4WD LAREDO CHZ06: CHECK ENGINE LIGHTCUSTOMER STATES LIGHT IS ON Caused by CODE P0301 CHECK AND FIND CYL. 1 SPARK PLUG BAD Corrected by08170203: (ML) Work performed by Ken Installed SPZFR6F11G :PLUG: NONE (004) REPLACE CYL. 1 SPARK PLUG r tttMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. "I hereby authorize thjr LABOR ible for lossaoedamage oeveh c e or articles lefts nDtheavehacle rin casee othat f fire, theft o?ase beyond your control or for any delays caused by unavailability of parts or delays PARTS ;Said ents by the supplier or transporter. 1 hereby grant you or your employees permisto the vehicle herein described on streets, highways, DEDUCTIBLE ount of inspection, repairs rs thereto.' express mechanic's lien is herebacknowledged onoab vve veehio le of SUBLET AIMER OF WgRRANTIES. Any warranties on the Products sold hereby are those mSHOP SUPPLIES AZARDOUS MATERIA nufacturer. The seller hereby expressly disclaims all warranties either exPress w rmpIreALES TAX OR TAX I.D. y implied warrant of merchantability w fitness for a es nor authorizes y an other erson to assume for it an rticular purpose, and the seller od y P Y ry in connection with the PECIAL ORDER DEPO; Products. Any limitation contained herein does not apply where prohibited bylaw. ,,,,,__ __ TOTAL DUE 7/07/10 600919y- 7/08/10 Pre-Invoice 9422 9425 Art F ritz/974A 1J8GR48K399CC514110 .9/08/09 ? 9/08/09 STONE WHT Warranty Qty Warranty 'C' 200 --F.R-R CV _l _ _nw_.,_._...?,__..._._........_..._._ I Brenner Chrysler Jeep, LLC 6039 Carlisle Pike Mechanicsburg, PA 17050 (71 -? 766-7686 www.brennerchryslereep.com 110 SHARON RD ENOLA, PA 17025 2009 JEEP GRAND CHEROKE SERVICE DEPARTMENT HOURS 7:30 a.m. to 5:00 p.m. Mon 8r Tues 7:30 a.m. to 8:00 P.M. Wed, Thurs & Fri 8:00 a.m. to 3:00 p.m. Sat 717-697-1161 717-732-9316 4WD LAREDO 7/15/10 6009474/ 7/17/10 Pre-Invoic 9487 9505 Art Fritz/269 . 1J8GR48K39C514110 9/08/09 9/08/09 STONE WHT *r1 - -LUUMZ06: CHECK ENGINE LIGHTCUSTOMER STATES CHECK ENGINE LIGHT IS ON CECK ENGINE LIGHT IS ON Caused by CODE P0303 CHECK AND FIND CYL 3 IGNITION COIL SHORTED Corrected by08120205: (ML) Work performed by Ken Installed 5149199AA :COIL/IGN: IGNITION004) -----REPLACE-CYL-3-IGNITION-COIL Qty: 1 #2 * GAS: GAS CHARGE -------------------------------------- Work performed by Ken Sub Total: 10.03 (004) Sub Total: .00 Please Note: PRE TO KENNY GREEN----------------------------------- [TERMS: STRICTLY CASH UNLESS ARRANGEMENTS ARE MADE. •1 hereby authorize the work hereinafter to be done along with the necessary material and agree that repair LABOR ibb for loss or damage to vehicle or amides left in the chi You are not resparrs- causa beyond your control or for any delays caused b de in case of fire, that or any other PARTS shipments by the supplier or transporter. 1 hereb Y unavailability of parts or delays in parts operate the vehicle herein described on streets, Y grant You or your employees Permission to DEDUC7 "Wor inspection. An express mechanic's I hh y YS. Or elsewhere for tha Pvehl of testing SUBLET he amount of repairs thereto." edged on above ve ode to secure -- - )ISCI.AIMER OF WARRANTIES. Any warranties on the products sold hereby are those made by he manufacturer' The seller hereby expressly disclaims all warranties either express ar Implied, induc V any implied warranty of merchantability or fitness for a particular purpose, and the seller neither esumes nor authorizes any other person to assume for it any liability in connection with the gale of aid products. Any limitation contained herein does not apply where prohibited by law. OR TAX I.D. TAIL DUE Warranty Warranty 10.0 Brenner Chrysler Jeep, LLC 6039 Carlisle Pike Mechanicsburg, PA 17050 (717) 766-7686 www.brennerchryslerieep.com ????'??????? 110 SHARON RD ENOLA, pA 17025 2009 JEEP GRAND CHEROKE SERVICE DEPARTMENT HOUFS 7:30 a.m. to 5:00 p.m. Mon & Tues 7:30 a.m. to 8:00 p.m. Wed, Thurs & Fri 8:00 a.m. to 3:00 p.m. Sat 717-697-1161 717-732-9316 4WD LA.REDO 8/05/10 6010307/ 8/05/10 Pre-Invoice 12515 12516 Art Fritz/022 1J8GR48K39C514110 9/08/09 9/08/09 STONE WHT n? - Zsl: 23 POINT INSPECTION COMPELTE Sub Total: .00 ------------------------------------ _______ #3 - OICHZ012: 12000 MILE SERVICEOIL FILTER AND LUBE UP TO 5 QTS OIL, CHECK BELTSHOSES AND FLUIDS, PERFORM BATTERY SYSTEM SERVICE,ROTATE TIRES Work performed by Jesse H. Work performed by Jesse H. (365) / Kit: (365) `?- Installed 5184231AA :FILTER: ENGINE OIL Installed 68055890AA :OIL: 5W20 Installed 9885 :BATTERY KIT COMPLETE 1@11.09 --------Sub_Total: 132.52 --------------------------------------------- #4 * 40CHZOI: BRAKE CONCERN CUSTOMER STATES AT TIMES SCHEEERCH NOISE WHEN STOP PING DID NOT HEAR ANY NOISE BRAKES AND ROTORS LOOK GOOD Sub Total: .00 Sub Total: .00 PARTS AND ------------------- SEVICE SPLIT ----- l? Y CASH UNLESS ARRANGEMENTS ARE MADE. "I hereby authorize the repair LABOR RMS: STRICTL------------- hereinafter to be done along with the necessary material and agree that you are not respons- ble for loss or damage to vehicle or articles left in the vehicle in case of fire , theft, or any other PARTS e beyond your contra or for any delays caused by unavailability of meets by the supplier or transporter. I hereby Parts a delays in parts to the vehicle herein described on streets, highways, grant you or your employees permission to DEDUCTIBLE and/or inspection. An express mechanic's lien is ihereby a n sewhere on the purpose of testing SUBLET the amount of repairs thereto.- Y acknowledged on above vehicle to secure SHOP SUPPLIES DISCLAIMER OF WARRANTIES. Any warranties on the products sold hereby are those made by HAZARDOUS MATERIALS he manufacturer. The seller hereby expressly disclaims all warranties either express or implied, includ SALES TAX OR TAX I.D. ng any implied warranty of merchantability or fitness for a particular purpose, and the seller neither resumes nor authorizes any other person to assume for it any liability In connection with the sale of SPECIAL ORDER DEPOSIT 'aid products. Any limitation contained herein does not apply where prohibited by law. DISCOUNTS TOTAL DUE 52.0 17.4 Included Included 11.0' -2.4 -2. THE ROSE LAW FIRM, PLLC By: Keith B. Rose, Esquire Identification No.: 202676 501 New Karner Road Albany, New York 12205 (518) 869-9200 Attorney for Defendant: Chrysler Group LLC MARYJANE SELLERS AND SIDNEY SELLERS COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CHRYSLER GROUP LLC NO.: 10-6250-CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant Chrysler Group LLC in connection with the above-captioned matter. Respectfully submitted, THE ROSE LAW FIRM, By: J:\Data\Chrysler PA Pilot Plus\Matter\21770\Pleadings\Entry of Appearance.docx ~~ ~ t'~ ~V t 1-~~ ~Jf~i~~t~ ~ R~~ ~Pl~'-1~~8b~df~ +~ ~~! ~d L~ 1~0 OIOI ,~,'~'wllvU~i,~.~~d ~N~..a ~~C.~~O-C1~71~' ~ s i ~+-^ n P ~ ~~ ~ `I~'~.L: t'~s ~ ~'': ~~//~ for De ant Chrysler Group LLC THE ROSE LAW FIRM, PLLC By: Keith B. Rose, Esquire Identification No.: 202676 501 New Karner Road Albany, New York 12205 (518) 869-9200 TO PLAINTIFFS: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN (20) DAYS FROM THE SERVICE HEREOF OR DEFAULT JUDGMENT AGAINST YOU. Attorney for Defendant: Chrysler Group LLC MARYJANE SELLERS AND SIDNEY SELLERS vs. CHRYSLER GROUP LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-6250-CIVIL DEFENDANT CHRYSLER GROUP LLC'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT Defendant Chrysler Group LLC, by and through its attorneys, The Rose Law Firm, PLLC, hereby answers Plaintiffs' Complaint and asserts new matter defenses as follows: 1. Denied. After reasonable investigation, Answering Defendant is without information or knowledge sufficient to form a belief as to the truth of this averment and the same therefore, is denied. 2. Admitted in part; denied in part. Chrysler Group LLC is a limited liability company authorized to transact business in the Commonwealth of Pennsylvania with a principle place of business in Michigan. The remaining averments are denied. ` s WHEREFORE, Defendant Chrysler Group LLC, respectfully demands judgment in its favor and against Plaintiffs, together with costs. BACKGROUND 3. Denied. After reasonable investigation, Answering Defendant is without information or knowledge sufficient to form a belief as to the truth of this averment and the same therefore, is denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09- 50002). Chrysler Group LLC's warranty/lemon law liabilities to Plaintiff are subject to, and limited by, Paragraph 19. 4. Denied. After reasonable investigation, Answering Defendant is without information or knowledge sufficient to form a belief as to the truth of this averment and the same therefore, is denied. 5. Denied. After reasonable investigation, Answering Defendant is without information or knowledge sufficient to form a belief as to the truth of this averment and the same therefore, is denied. 6. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carca LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09- 2 50002}. Chrysler Group LLC's warranty/lemon law liabilities to Plaintiffs are subject to, and limited by, Paragraph 19. 7. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/Wa Chrysler LLC, et al., Bankr. SDNY, No. 09- 50002}. Chrysler Group LLC's warranty/lemon law liabilities to Plaintiffs are subject to, and limited by, Paragraph 19. 8. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC flkJa Chrysler LLC, et al., Bankr. SDNY, No. 09- 50002). Chrysler Group LLC's warranty/lemon law liabilities to Plaintiffs are subject to, and limited by, Paragraph 19. 9. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 10. Denied. The Answering Defendant is without information or knowledge sufficient to form a belief as to the truth of this averment and the same therefore, is denied. WHEREFORE, Defendant Chrysler Group LLC, respectfully demands judgment in its favor and against Plaintiffs, together with costs. 3 COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW 11. Defendant, Chrysler Group LLC hereby incorporates its previous answers to Plaintiffs' Complaint as though the same was set forth herein at length. 12. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 13. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 14. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 15. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 16. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09- 50002). Chrysler Group LLC's warranty/lemon law liabilities to Plaintiffs are subject to, and limited by, Paragraph 19. 17. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 18. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 4 19. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 20. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 21. Denied. After reasonable investigation, Answering Defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments and the same therefore, are denied. 22. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 23. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 24. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 25. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 26. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 27. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 28. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 29. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 5 WHEREFORE, Defendant Chrysler Group LLC, respectfully demands judgment in its favor and against Plaintiffs, together with costs. COUNT II MAGNU50N-MOSS (FTC) WARRANTY IMPROVEMENT ACT 30. Defendant, Chrysler Group LLC, hereby incorporates its previous answers to Plaintiffs' Complaint as though the same were set forth herein at length. 31. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 32. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 33. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 34. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 35. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 36. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09- 50002). Chrysler Group LLC's warranty/lemon law liabilities to Plaintiffs are subject to, and limited by, Paragraph 19. 6 37. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 38. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09- 50002). Chrysler Group LLC's warranty/lemon law liabilities to Plaintiff are subject to, and limited by, Paragraph 19. 39. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 40. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09- 50002). Chrysler Group LLC's warranty/lemon law liabilities to Plaintiffs are subject to, and limited by, Paragraph 19. 41. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09- 7 50002). Chrysler Group LLC's warranty/lemon law liabilities to Plaintiffs are subject to, and limited by, Paragraph 19. 42. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09- 50002). Chrysler Group LLC's warranty/lemon law liabilities to Plaintiffs are subject to, and limited by, Paragraph 19. 43. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09- 50002). Chrysler Group LLC's warranty/lemon law liabilities to Plaintiffs are subject to, and limited by, Paragraph 19. 44. Denied. The averments contained in this paragraph .constitute conclusions of law to which no response is required. 45. Denied. Chrysler Group LLC is not the manufacturer or the warrantor of the subject vehicle. Chrysler Group LLC assumed certain warranty/lemon law liabilities with respect to the subject vehicle pursuant to Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09- 8 50002). Chrysler Group LLC's warranty/lemon law liabilities to Plaintiffs are subject to, and limited by, Paragraph 19. 46. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. WHEREFORE, Defendant Chrysler Group LLC, respectfully demands judgment in its favor and against Plaintiffs, together with costs. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 47. Defendant, Chrysler Group LLC, hereby incorporates its previous answers to Plaintiffs' Complaint as though the same were set forth herein at length. 48. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 49. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 50. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 51. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 52. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 53. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 9 54. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 55. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 56. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. WHEREFORE, Defendant Chrysler Group LLC, respectfully demands judgment in its favor and against Plaintiffs, together with costs. NEW MATTER 57. Plaintiffs' Complaint fails to state a claim for which relief may be granted against Chrysler Group LLC. 58. Plaintiffs' claims are barred and/or limited by the applicable disclaimers of warranty and limitations of damage provisions. 59. Plaintiffs' claims may be barred and/or limited by their neglect, misuse, abuse, modification, and/or alteration of the vehicle, which is the subject of this litigation. 60. Plaintiffs' claims may be barred and/or limited by their failure to mitigate damages. 61. If Plaintiffs sustained any alleged injuries, damages or losses, those injuries, damages or losses were caused by persons and/or entities over whom Chrysler Group LLC had no control and for whom Chrysler Group LLC is not responsible. 62. Plaintiffs' alleged claims of nonconformity do not substantially impair the use, value or safety of the vehicle. 10 63. Plaintiffs' claims are or may be barred by the applicable doctrine of laches, estoppel or waiver or by any applicable contracts, releases, and or agreements. 64. Plaintiffs' Complaint fails to state a claim for which any attorney fees may be awarded. 65. Plaintiffs' claims may be barred and/or limited by the Lemon Law, Unfair Trade Practices and Consumer Protection Law, Uniform Commercial Code and Magnuson-Moss Warranty Act. 66. If it is determined that Plaintiffs did not obtain or use the vehicle primarily or normally for personal use, family or household purposes, then Plaintiffs are not entitled to recovery under the Lemon Law, Magnuson-Moss Warranty Act, or the Pennsylvania Unfair Trade Practices Act. 67. Plaintiffs' Complaint may be barred by the applicable statute of limitations. 68. Plaintiffs may have failed to provide timely and adequate notice of their claims to the vehicle's warrantor or Chrysler Group LLC. 69. Plaintiffs' alleged damages, if any, were caused by the intervening and/or superseding acts and/or omissions of persons and/or entities for whose conduct Chrysler Group LLC cannot be held liable. 70. The vehicle referenced in Plaintiffs' Complaint was fit for its intended uses, merchantable, did not contain any nonconformities or defects, and/or complied with all applicable express limited warranties. 71. Some or all of the damages claimed in Plaintiffs' Complaint may not be recoverable under the applicable law. 11 72. Plaintiffs' claims may be barred and/or limited as a result of their failure to fulfill the conditions precedent of, and/or comply with, the terms and conditions of any express limited warranty under which Plaintiffs asserts their causes of action. 73. No act, omission or conduct of the vehicle's manufacturer, warrantor or Chrysler Group LLC caused any injury, damage or loss to Plaintiffs. 74. Plaintiffs accepted the vehicle, failed to or improperly revoked their acceptance, and/or improperly rejected or failed to reject the vehicle. 75. Plaintiffs may have failed to join an indispensable party to this action, including, but not limited to, the selling and servicing dealerships and entities, requiring the dismissal of this action. 76. The venue of this matter is not proper. 77. There is no privity of contract between Plaintiffs and the vehicle's manufacturer, warrantor and/or Chrysler Group LLC. Therefore, as a matter of law, Plaintiffs' Complaint to the extent it seeks revocation of acceptance fails to state a cause of action. 78. Under the terms of the written limited warranty, the liabilities of which Chrysler Group LLC assumed pursuant to, and limited by, Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09-50002)...., all implied warranties of merchantability and fitness for a specific use have been disclaimed or the duration of any implied warranty has been limited to the terms of the written limited warranty. 79. Under the terms of the written limited warranty, the liabilities of which Chrysler Group LLC assumed pursuant to, and limited by, Paragraph 19 of the June 1, 2009 Order (I) 12 Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09-50002)...., the sole obligation of the warrantor to Plaintiffs is to pay for repairs and/or the performance of repairs and needed adjustments to correct defects related to factory material and workmanship. All such repairs and needed adjustments have been paid for or performed and therefore, there has been no breach of the written limited warranty. 80. Under the terms of the written limited warranty, the liabilities of which Chrysler Group LLC assumed pursuant to, and limited by, Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09-50002)...., the payment for and/or the performance of repairs and needed adjustments to correct defects related to factory material or workmanship is Plaintiffs' exclusive remedy. 81. Under the terms of the written limited warranty, the liabilities of which Chrysler Group LLC assumed pursuant to, and limited by, Paragraph 19 of the June 1, 2009 Order (I) Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09-50002)...., the payment for and/or the performance of repairs and needed adjustments to correct defects related to factory material or workmanship is Plaintiffs' exclusive remedy. All such repairs and needed adjustments have been paid for or performed and therefore, there has been no breach of the written limited warranty. 82. Under the terms of the written limited warranty, the liabilities of which Chrysler Group LLC assumed pursuant to, and limited by, Paragraph 19 of the June 1, 2009 Order (I) 13 Authorizing the Sale of Substantially all of the Debtors' Assets Free and Clear of all Liens, Claims, Interests and Encumbrances....(In re Old Carco LLC f/k/a Chrysler LLC, et al., Bankr. SDNY, No. 09-50002)...., and pursuant to the express language of Paragraph 19 of the aforesaid, Chrysler Group LLC is not liable for incidental or consequential damages resulting from breach of the written limited warranty. 83. Neither Chrysler Group LLC nor the entity that manufactured/warranted the vehicle has an obligation to modify or alter the vehicle to address a design characteristic of the vehicle which is not to the liking of Plaintiffs. 84. Plaintiffs failed to inspect the vehicle within a reasonable period of time and therefore, are barred by the doctrine of laches from rescinding the contract or revoking acceptance. 85. Plaintiffs have accepted the vehicle and are not entitled to rescission or to revoke acceptance because Plaintiffs have continued to exercise dominion and control over the vehicle. Should the court determine that Plaintiffs' alleged revocation was proper, Chrysler Group LLC is entitled to an offset for the use of the vehicle. 86. Plaintiffs failed to offer to tender the vehicle to the vehicle's manufacturer/warrantor or Chrysler Group LLC. Thus, as a matter of law, Plaintiffs fail to state a cause of action for rescission, rejection and/or revocation of acceptance. 87. Plaintiffs examined the vehicle as fully as Plaintiffs desired or refused to examine it. Thus, there is no implied warranty with regard to defects to which an examination ought in the circumstances to have revealed. 14 88. The vehicle was not non-conforming at the time of purchase. Therefore, Plaintiffs fail to state a cause of action for rescission, rejection, breach of implied warranty and/or revocation of acceptance. 89. Plaintiffs have failed to mitigate Plaintiffs' damages. 90. Upon information and belief, Plaintiffs no longer are in possession of the vehicle. Therefore, as a matter of law, Plaintiffs fail to state a cause of action for rescission, rejection, revocation of acceptance or pursuant to the Lemon Law. 91. Plaintiffs have failed and/or have refused to allow the warrantor a reasonable opportunity to cure the alleged defect or the alleged breach of warranty. Therefore, Plaintiffs fail to state a cause of action for revocation of acceptance. 92. Plaintiffs failed and/or refused to allow the vehicle's warrantor a reasonable opportunity to repair the vehicle's alleged defects or cure the alleged breach of warranty. Therefore, Plaintiffs have failed to satisfy a condition prerequisite to a Magnuson-Moss claim. 93. Any attempted revocation of acceptance of the vehicle which is the subject of this matter was not undertaken prior to a substantial change in condition of the vehicle which was not caused by any alleged defect. 94. Plaintiffs have reaccepted the vehicle following the alleged revocation and therefore, are not entitled to the revocation remedy. 95. Plaintiffs' second count fails to state a cause of action as a matter of law. It does not allege that the vehicle's warrantor was provided with a reasonable opportunity to cure its alleged breach of warranty, which is a prerequisite to a claim under the Federal Magnuson-Moss Warranty Act. 15 96. On April 30, 2009 (the "Petition Date"), Chrysler LLC (subsequently known as Old Carco LLC) and certain domestic direct and indirect subsidiaries (the "Debtors"), filed voluntary petitions for relief in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code"), which cases are being jointly administered and which are pending before the Honorable Arthur J. Gonzalez as Case No. 09-50002 (AJG). By Order dated June 1, 2009, the Bankruptcy Court issued an Order ("Sale Order") (I) Authorizing the sale to an entity now known as Chrysler Group LLC of substantially all of the Debtors' assets free and clear of all liens, claims, interests and encumbrances, (II) Authorizing the assumption and assignment of certain executory contracts and unexpired leases in connection therewith and related procedures, and (III) Granting related relief. Paragraph 19 of the Sale Order, provides as follows: Notwithstanding anything else contained herein or in the Purchase Agreement, in connection with the purchase of the Debtors' brands and related Purchased Assets, the Purchaser, from and after the Closing, will recognize, honor and pay liabilities under Lemon Laws for additional repairs, refunds, partial refunds (monetary damages) or replacement of a defective vehicle (including reasonable attorneys' fees, if any, required to be paid under such Lemons Laws and necessarily incurred in obtaining those remedies), and for any regulatory obligations under such Lemon Laws arising now, including but not limited to cases resolved prepetition or in the future, on vehicles manufactured by the Debtors in the five years prior to the Closing (without extending any statute of limitations provided under such Lemon Laws), but in any event not including punitive, exemplary, special, consequential or multiple damages or penalties and not including any claims for personal injury or other consequential damages that may be asserted in relationship to such vehicles under the Lemon Laws. As used herein, "Lemon Law" means a federal or state statute, including, but not limited to, claims under the Magnuson-Moss Warranty Act based on or in conjunction with a state breach of warranty claim, requiring a manufacturer to provide a consumer remedy when the manufacturer is unable to conform the vehicle to the warranty after a reasonable number of attempts as defined in the applicable statute. In connection with the foregoing, the Purchaser has agreed to continue addressing Lemon Law claims (to the extent that they are Assumed Liabilities) 16 using the same or substantially similar procedural mechanisms previously utilized by the Debtors. The liability of Chrysler Group LLC if any, with respect to the claims asserted in the instant action is limited to those liabilities assumed by it as set forth above. Any cause of action or claim for damage which exceeds this assumption of liability provision must be dismissed as a matter of law. WHEREFORE, Defendant Chrysler Group LLC, respectfully demands judgment in its favor and against Plaintiffs, together with costs. Respectfully submitted, THE ROSE LAW FIRM, PLLC By: Keith B ose, Esq. Attorney for Defendant: Chrysler Group LLC Dated: October 26, 2010 17 VERIFICATION I, Keith B. Rose, Esquire, hereby state that I am the attorney for Defendant Chrysler Group LLC, and I verify that the statements made in the foregoing Answer with New Matter of Defendant Chrysler Group LLC, to Plaintiffs' Complaint, are true and correct to the best of my 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. 18 CERTIFICATE OF SERVICE I, Keith B. Rose, Esquire, do hereby certify that I am the attorney for Defendant Chrysler Group LLC, in the within action; that I am duly authorized to make this certification, and that on this 26th day of October, 2010, I did cause a true and correct copy of the Entry of Appearance, Answer and New Matter of Defendant Chrysler Group LLC, to Plaintiffs' Complaint, to be forwarded via first class mail, to counsel below as follows: Robert A. Rapkin, Esq. Kimmel & Silverman, P.C. 30 East Butler Pike Ambler, Pennsylvania 19002 K h B. Ro ,Esquire J:\Data\Chrysler PA Pilot Plus\Matter\21770\Pleadings\Answer.docx 19 OF ' ~ , ~' _,, ?C,~~' ~~~~ 29 P~3 2~ 4~ 1 } 7/ f }e `} j1 j1 \{ C~}~rYd )ice I lA. ~~~~V ~.I ~/4/~~~ t, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MaryJane Sellers and Sidney Sellers, CIVIL DIVISION Plaintiffs, vs. Chrysler Group LLC, Defendant. NO.: 10-6250 PROOF OF SERVICE Filed on behalf of Plaintiff: MaryJane Sellers and Sidney Sellers COUNSEL OF RECORD FOR THIS PARTY: Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, • PENNSYLVANIA MaryJane Sellers and Sidney Sellers, CIVIL DIVISION Plaintiffs, v. Chrysler Group LLC, Defendant. No.: 10-6250 PROOF OF SERVICE TO THE PROTHONOTARY: Service of the complaint regarding the above captioned matter was made to Chrysler Group LLC, CIMS 485-13-32, 1000 Chrysler Drive Auburn Hills, MI 48326, on 10/07/2010, via U.S. First Class Mail, Certified /Return Receipt Requested. A representative of Defendant signed the return receipt on 10/12/2010, a copy of which is attached. KIMMEL & SILVERMAN, P.C. R bert A. Rap 'n, squire Attorneys for Plaintiff(s) 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 ~~44:..- . i ~M1,L }I ~ ` o i £ y~ v ~ V ~. a N '= zs ~ (.~ a _____._ - ~ a w ~ ....~: W .J ~. ~ ~ w¢ ~~~ ~ ~; '~- = rn ~ cr M ~~ ~ ~ m w w '-'~ °° ~~ . Q ~ ~ ° ~ ... a ~ .~ ~ v z ~ ,;;~• ,,.,~ N' t ~ Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 ATTORNEYS FOR PLAINTIFFS MARYJANE SELLERS AND SIDNEY SELLERS V. CHRYSLER GROUP LLC COURT OF COMMON PL,~AS~ Cumberland County ~_-; ~ ~.i -a~^ _" „_`7 Y " ~ . ` NO. 10-6250 ~ ` ~ - ~~; ~; e~ ,~-°, _~. B ~._ ~,. PLAINTIFF'S ANSWER TO NEW MATTER OF -~ DEFENDANT, CHRYSLER GROUP LLC :''r- _. } I''1_' _"; ~ ..M1.J ,... .~ `__ .~- _r ~ :. .:~ _ . {,; ~_ 57. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 58. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 59. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 60. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 61. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 62: Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to ~ which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 63. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 64. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded a't-the time of trial. 65. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 66: Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 67. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 68. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 69. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 70. benied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations. contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial: 71. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 72. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 73. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 74. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 75. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to -which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 76. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 77. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 78. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 79. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 80. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 81. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 82. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 83. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 84. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 85. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there aze any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 86. Denied. The allegations of this pazagraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 87. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 88. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there aze any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 89. Denied. The allegations of this pazagraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 90. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 91. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 92. Denied. The allegations of this paragraph constitute a conclusion of fact andlor law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 93. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 94. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 95. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 96. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and .strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the contract price of the subject vehicle, plus all collateral charges and attorney fees.. KIMMEL & SILVERMAN, P.C. By. Ro ire Identification No. 61628 Attorney for Plaintiffs 3U East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 VERIFICATION Robert A. Rapkin, Esquire, states that he/she is the attorney for the Plaintiffs herein; that he/she is acquainted with the facts set forth in the foregoing Answer to New Matter; and that same are true to the best of his/her knowledge, information and belief. This statement is being made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ..- Y .. f~....y _ ... -, A. apkin, Iden ' .61628 Attorney for Plaintiffs 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 CERTIFICATE OF SERVICE I, Robert A. Rapkin, Esquire, counsel for Plaintiffs, do hereby certify that I served all parties with true and correct copies of the foregoing Answer to New Matter, by placing same in the United States Mail, First Class, Postage Paid addressed as follows: Keith B. Rose The Rose Law Firm, PLLC 501 New Karner Rd. Albany, NY 12205 KIMMEL & SILVERMAN, P.C. B• be , E Identification No. 61628 Attorney for Plaintiffs 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 Date: 29th day of October, 2010 THE ROSE LAW FIRM, PLLC By: Keith B. Rose, Esquire Identification No.: 202676 501 New Kamer Road Albany, New York 12205 (518) 869-9200 MARYJANE SELLERS AND SIDNEY SELLERS vs. CHRYSLER GROUP LLC 1010 DEC 22 Pt# ! : E 4 - fl C{? ,€ Attorney for DTe' Chrysler Group ?$ Y? VA N COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-6250-CIVIL PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Defendant Chrysler Group LLC in the above-captioned matter. Respectfully submitted, THE ROSE LAW FIRM, PLLC By: TH "09E, ESQUIRE MARSHALL, DENNEHEY, WARNER, ATTORNEYFOR: DEFENDANT COLEMAN & GOGGIN CHRYSLER GROUP LLC BY: KEVIN M. MCKEON, ESQUIRE IDENTIFICATION NO.: 46446 1845 WALNUT STREET - 21ST FLOOR PHILADELPHIA, PA 19103 (215) 575-2684 MARYJANE SELLERS & SIDNEY SELLERS COURT OF COMMON PLEAS CUMBERLAND COUNTY V. CHRYSLER GROUP LLC NO.. 10-6250 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Chrysler Group LLC, in connection with the above-captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Krn? KEVIN M. MCKEON, ESQUIRE CERTIFICATE OF SERVICE I, Kevin M. McKeon, Esquire, do hereby certify that I am the attorney for Defendant, Chrysler Group LLC, in the within action; that I am duly authorized to make this certification, and that on the 20TH day of December, 2010, I did cause a true and correct copy of a Praecipe For Withdrawal Of Appearance and Entry of Appearance of Defendant, Chrysler Group LLC, to Plaintiffs Complaint, to be forwarded via U.S. Mail, to counsel below as follows: Robert A. Rapkin, Esquire KIMMEL & SILVERMAN, P.C- 30 E. Butler Pike Ambler, Pennsylvania 19002 <LrnM c r- KEVIN M. MCKEON, ESQUIRE q IN THE COURT OF COMMON PLF&S (Z C-n:' CUMBERLAND COUNTY, PENNS3&J[AN= _ MaryJane Sellers a m Plaintiff NO.6250 I c° - =© vs. n C3"? Z r 0 r*5 Chrysler Group LLC CO Defenda nt RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert A. Rapkin, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ within arbitration limits The counterclaim of the defendant in the action is $0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as ??b? A. ?apk;n & . 49p `cs ^a .'led 413111 ar '94-60 cr * a4Dl? Q.WdS96a1 120,01 , in co6sideration of the foregoing Esq., and !.t/?.c• eGfi.?,l i?tQ/J7 22_--,Esq., are appointed arbitrators in tP abFRe C-? °i C rrI zr :z;;' B th C t :7j- c y e our , s> = -n C) Kevin A. Hess, P.J. ?j C-_ t10 ?M -< 7 _ Maryj ane Sellers and Sidney Sellers Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. 10 _ 6250 Chrysler Group, LLC Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office witkp fideliity. Signature Signature i , Signature Jags D. Bogar Paul M. Ferguson Name (Chairman) Name Name Law offices of Jars D. Boger T ro Robinson Law Firm Law Firm Law Firm One West Main Street 129 South Pitt Street Address Address Address Shiremanstown, PA 17011 Carlisle, PA 17013 City, Zip City, Zip city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) b . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: -71 !o i I t Date of Award: -71v l k 1 , (Chairman) Notice of Entry of Award Now, the 644' day of , 20 I! , at 3 -`,6'3 , 1.M., the above award was entered upon the docket and notice ere f given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $, Z SD -?? Per `:`+4-/ ,6 ndq/ r E- Protl-535-Ta-ry Deputy s iL i?:u`vr r il:t OF THE PROTHONOT 2011 JUL _S PM 3= CUMBERLAND COUN PENNSYLVANIA K Eft r bl ?? . m c/6I! cd?°;?s r lea 7/-/i